[Federal Register Volume 69, Number 159 (Wednesday, August 18, 2004)]
[Notices]
[Pages 51280-51282]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-18887]


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DELAWARE RIVER BASIN COMMISSION


Notice of Commission Meeting and Public Hearing

    Notice is hereby given that the Delaware River Basin Commission 
will hold an informal conference followed by a public hearing on 
Wednesday, September 1, 2004. The hearing will be part of the 
Commission's regular business meeting. Both the conference session and 
business meeting are open to the public and will be held at the 
Delaware River Basin Commission's offices at 25 State Police Drive in 
West Trenton, New Jersey.
    The conference among the commissioners and staff will begin at 9:30 
a.m. Topics of discussion will include: an update on the Water 
Resources Plan for the Delaware River Basin (``Basin Plan'') and the 
Watershed Summit scheduled for September 13-15; a proposal to amend the 
Water Quality Regulations, Water Code and Comprehensive Plan to 
designate the Lower Delaware River as Special Protection Waters; 
options available to provide interim water quality protection for the 
Lower Delaware pending the effective date of the proposed designation; 
a proposed rule to establish waste minimization plan requirements for 
point and non-point source discharges following issuance of a TMDL or 
assimilative capacity determination; a proposal to amend Resolution No. 
2002-33 relating to the operation of Lake Wallenpaupack during drought 
watch, drought warning and drought conditions, in order to restore a 
distinction between drought operation of Lake Wallenpaupack and drought 
operation of the Mongaup Reservoir System and to insert a reference to 
flow and temperature targets in the upper Delaware River and in the 
West Branch Delaware, East Branch Delaware, and Neversink Rivers; 
recommendations of the Toxics Advisory Committee concerning the 
collection of additional point source data in accordance with 
Resolution No. 2003-27 for purposes of developing the Stage 2 TMDLs for 
PCBs in the Delaware Estuary; and a report on the PCB TMDL 
Implementation Advisory Committee meeting of August 11, 2004.
    The subjects of the public hearing to be held during the 2:30 p.m. 
business meeting include the dockets listed below:
    1. Exelon Generation Company, LLC D-69-210 CP Final (Revision 12). 
An application for temporary approval to modify the Operating Plan of 
the Limerick Generating Station (LGS), a nuclear-powered electric 
generating station located in Limerick Township, Montgomery County, 
Pennsylvania, regarding surface water withdrawal restrictions related 
to ambient water temperature in the Schuylkill River. The applicant 
proposes to demonstrate, under controlled conditions, that the 
withdrawal of Schuylkill River water can continue without adverse 
impact when the background water temperature exceeds 59[deg] F, the 
maximum temperature at which withdrawals can be made under the current 
docket. In July 2004, an amended application and draft operating and 
monitoring plan was submitted after discussion with the Commission 
staff, the State of Pennsylvania and stakeholders. The amended 
application provides:

[[Page 51281]]

     A multi-year demonstration period during the remainder of 
the 2004 season through the 2007 season associated with flow and 
temperature restrictions in accordance with an approved operating and 
monitoring plan;
     Withdrawals of approximately one half (not to exceed 60 
percent, 24 million gallons per day (mgd)) of LGS's consumptive water 
needs during times when the Schuylkill River 24-hour average river 
ambient water temperature exceeds 59[deg] F and when river flow is at 
or below 1,791 cubic feet per second (cfs) (but above 560 cfs) at the 
gaging station at Pottstown;
     Withdrawals of all of LGS's consumptive water needs during 
times when the Schuylkill River 24-hour average river ambient water 
temperature exceeds 59[deg] F and when river flow exceeds 1,791 cfs.;
     Maintenance of minimum flows below 27 cfs but at least 10 
cfs in the East Branch Perkiomen Creek during the effective period of 
the demonstration;
     Development of flow management procedures to increase 
flows in the East Branch Perkiomen Creek above 10 cfs to support 
specific short-term recreational events;
     Allowing consumptive use augmentation credit for augmented 
Perkiomen Creek flow;
     Establish a restoration and monitoring fund based on 
$0.06/1000 gallons of augmentation water that is not required due to 
lifting the 59[deg] F temperature requirement;
     The establishment of a list of restoration projects, and 
performing restoration projects during 2005 and future years;
     Developing an adaptive management plan for restoration 
projects;
     Working with stakeholders regarding the design and 
implementation of the demonstration and restoration projects;
     Test periods of times with no augmentation (beyond minimum 
flows in the East Branch Perkiomen Creek);
     The continuation of the Wadesville Mine Pool withdrawal 
and Stream Flow Augmentation Demonstration Project that was approved 
under Docket D-69-210 CP (Final) (Revision 11) and extended for two 
years by Commission Resolution No. 2003-25 adopted December 3, 2003.
    2. Cabot Supermetals D-70-72 (REVISION). An application to upgrade 
an industrial wastewater treatment plant (IWTP) and implement 
manufacturing operation improvements necessary to meet water quality 
objectives in Swamp Creek, a tributary of Perkiomen Creek in the 
Schuylkill River Watershed. The applicant produces primary nonferrous 
metals and alloys plus inorganic chemicals at its Boyertown Facility, 
which is located on the east side of Wilson Avenue and straddles the 
borders of Douglass Township, Montgomery County and Colebrookdale 
Township, Berks County, both in Pennsylvania. No expansion of the 0.222 
million gallon per day (mgd) IWTP is proposed. The plant effluent, 
along with storm water, cooling water and water supply treatment 
wastewater, will continue to be discharged to Swamp Creek via the 
existing outfall.
    3. UTI Corporation--D-93-61 (G)-2. An application for the renewal 
of a ground water withdrawal project to supply up to 3.16 million 
gallons per 30 days (mg/30 days) of water to the applicant's ground 
water remediation system from existing Wells Nos. UTM-1 and UTM-11 in 
the Brunswick Formation. This renewal project represents a decrease in 
allocation from 6.5 mg/30 days to 3.16 mg/30 days. The project is 
located in the Perkiomen Creek Watershed in the Borough of Trappe in 
Montgomery County, in the Southeastern Pennsylvania Ground Water 
Protected Area.
    4. Oley Township Municipal Authority D-2001-36 CP. An application 
for approval of a ground water withdrawal project to supply up to 2.16 
million gallons per 30 days (mg/30 days) within the first year of 
operation from proposed Well No. 4 in the Granitic Gneiss Formation, to 
the applicant's public water supply system. In subsequent years, and 
based on the results of a monitoring program, the allocation from Well 
No. 4 may be incrementally increased up to 6.48 mg/30 days. The 
withdrawal from all wells will be limited to 12.94 mg/30 days. The 
project is located in the Little Manatawny Creek Watershed in Oley 
Township, Berks County, Pennsylvania.
    5. Penn Estates Utilities, Inc. D-2003-36 CP. An application for 
approval of a ground water withdrawal project to supply up to 3.9 
million gallons per 30 days (mg/30 days) of water to the applicant's 
Penn Estates development from new Well No. 7 in the Catskill Formation, 
and to increase the existing withdrawal from all wells to 10.80 mg/30 
days. The project is located in the Brodhead Creek Watershed in Stroud 
Township, Monroe County, Pennsylvania.
    6. Milford Township Water Authority D-2003-37 CP. An application 
for approval of a ground water withdrawal project to supply up to 6.48 
million gallons per 30 days (mg/30 days) of water to the applicant's 
distribution system from new Well No. 5 in the Brunswick Formation, and 
to increase the existing withdrawal from all wells to 15.52 mg/30 days. 
The project is located in the Unami-Licking Creeks Watershed in Milford 
Township, Bucks County, Pennsylvania and is located in the Southeastern 
Pennsylvania Ground Water Protected Area.
    7. Bedminster Municipal Authority D-2004-2 CP. An application for 
approval of a ground water withdrawal project to supply up to 7.136 
million gallons per 30 days (mg/30 days) of water to the applicant's 
public water distribution system from new Wells A and E in the 
Brunswick Formation, and in conjunction with existing Wells Nos. 2 and 
9, to increase the existing withdrawal from all wells to 10.705 mg/30 
days. The project wells are located in the Deep Run Watershed in 
Bedminster Township, Bucks County, Pennsylvania in the Southeastern 
Pennsylvania Ground Water Protected Area.
    8. Telford Borough Authority D-2004-10 CP. An application for 
approval of a ground water withdrawal project to supply up to 2.19 
million gallons per 30 days (mg/30 days) of water to the applicant's 
public water distribution system from new Well No. 7 in the Brunswick 
Formation, and to retain the existing withdrawal from all wells to 38.6 
mg/30 days. The project wells are located in the East Branch Perkiomen 
Creek Watershed in Telford Borough, Bucks and Montgomery Counties and 
West Rockhill and Hilltown Townships, Bucks County, all located in the 
Southeastern Pennsylvania Ground Water Protected Area.
    9. Greenbriar Founders, LLC D-2004-26-1. An application for 
approval of a ground water withdrawal project to supply up to 16.5 
million gallons per 30 days (mg/30 days) of water for supplemental 
irrigation of the applicant's proposed Ledgerock Golf Course from new 
Well IW-1 and up to 1.77 mg/30 days from new Well IW-2, both in the 
Hammer Creek Formation, and to initially limit the existing withdrawal 
from all wells to 16.5 mg/30 days. The initial combined allocation of 
16.5 mg/30 days is provided to allow for establishment of the golf 
course turf grasses. Once the turf grasses are established, the 
combined allocation will be reduced to 8.25 mg/30 days. The project is 
located in the Angelica Creek Watershed in Cumru Township, Berks 
County, Pennsylvania.
    10. New York City Department of Environmental Protection D-2004-28 
CP-1. An application to modify a sewage treatment plant (STP) located 
at 4 Neversink Drive in the City of Port Jervis, Orange County, New 
York. The STP has a capacity of 5 million gallons

[[Page 51282]]

per day and serves the City of Port Jervis. The existing plant provides 
secondary treatment, and discharges to the Neversink River, upstream 
from DRBC Special Protection Waters and the Delaware Water Gap National 
Recreation Area. The proposed modification, which constitutes Phase I 
of a multi-phase improvement project, involves the demolition of three 
Imhoff tanks and construction of two sedimentation basins, plus minor 
facility upgrades. No increase in STP capacity is proposed.
    In addition to the public hearing on the dockets listed above, the 
Commission's 2:30 p.m. business meeting will include a public hearing 
and possible action on a resolution to amend Resolution No. 2002-33 
relating to the operation of Lake Wallenpaupack during drought watch, 
drought warning and drought conditions, in order to restore a 
distinction between drought operation of Lake Wallenpaupack and drought 
operation of the Mongaup system reservoirs and to insert a reference to 
flow and temperature targets in the upper Delaware River and the West 
Branch Delaware, East Branch Delaware, and Neversink Rivers. The 
business meeting may include resolutions for the minutes to initiate 
notice and comment rulemakings amending the Water Quality Regulations, 
Water Code, and Comprehensive Plan to: (1) Designate the Lower Delaware 
River as Special Protection Waters; and (2) establish waste 
minimization plan requirements for point and non-point source 
discharges following issuance of a TMDL or assimilative capacity 
determination. In addition, the meeting will include: adoption of the 
Minutes of the July 13, 2004 business meeting; announcements; a report 
on Basin hydrologic conditions; a report by the executive director; a 
report by the Commission's general counsel; and an opportunity for 
public dialogue.
    Draft dockets and the resolution scheduled for public hearing on 
September 1, 2004 will be posted on the Commission's web site, http://www.drbc.net, where they can be accessed through the Notice of 
Commission Meeting and Public Hearing. Additional documents relating to 
the dockets and other items may be examined at the Commission's 
offices. Please contact William Muszynski at (609) 883-9500 ext. 221 
with any docket-related questions.
    Individuals in need of an accommodation as provided for in the 
Americans with Disabilities Act who wish to attend the informational 
meeting, conference session or hearings should contact the Commission 
secretary directly at (609) 883-9500 ext. 203 or through the 
Telecommunications Relay Services (TRS) at 711, to discuss how the 
Commission may accommodate your needs.

    Dated: August 12, 2004.
Pamela M. Bush,
Commission Secretary.
[FR Doc. 04-18887 Filed 8-17-04; 8:45 am]
BILLING CODE 6360-01-P