[Federal Register Volume 69, Number 197 (Wednesday, October 13, 2004)]
[Notices]
[Pages 60843-60844]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-22908]


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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, October 27, 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 
National Constitution Center, Kirby Auditorium, 525 Arch Street, 
Independence Mall in Philadelphia, Pennsylvania.
    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'') including 
a summary of the Watershed Summit of September 13-15 and the transition 
from planning to implementation; a summary and report on informational 
meetings on a proposed resolution to amend the Water Quality 
Regulations, Water Code and Comprehensive Plan to designate the Lower 
Delaware River as Special Protection Waters; a proposal to amend the 
Commission's fee schedule for the review of projects under Section 3.8 
and Article 10 of the Delaware River Basin Compact by the addition of a 
late application fee; and a presentation on the structural 
reorganization of the Delaware Estuary Program.
    The business meeting will begin at 11 a.m. The portion of the 
meeting running from 11 a.m. until 12:15 p.m. will consist of the 
public hearing on a proposal to amend the Water Quality Regulations, 
Water Code and Comprehensive Plan by establishing pollutant 
minimization plan requirements for point and non-point source 
discharges following issuance of a TMDL or assimilative capacity 
determination.
    The business meeting will resume at 1:30 p.m. Public hearings on 
the following project review applications will be held during this 
afternoon portion of the meeting:
    1. Cabot Corporation D-70-72-2. 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 off Swamp Creek Road 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. 
(NAR'd as Cabot Supermetals D-70-72 (REVISION).)
    2. New Jersey-American Water Company D-90-89 CP-3. An application 
for the renewal of a ground water withdrawal project to increase 
withdrawal from 15 mg/30 days to 28.5 mg/30 days to supply the 
applicant's public water supply system from existing Wells Nos. 1 and 2 
in the Kittatinny Limestone formation. The project is located in the 
Pophandusing Brook Watershed, in White Township, Warren County, New 
Jersey. (NAR'd as D-90-89 CP RENEWAL 2.)
    3. Waltz Golf Farm, Inc. D-92-49-2. An application for the renewal 
of a surface water withdrawal project to continue withdrawal of 9.0 
million gallons per 30 days (mg/30 days) to supply the applicant's golf 
course from an existing man-made pond on Landis Creek in the Lodal 
Creek Watershed. The project is located in Limerick Township, 
Montgomery County, Pennsylvania and is located in the Southeastern 
Pennsylvania Ground Water Protected Area.
    4. Air Products and Chemicals D-93-48-2. An application for the 
renewal of a ground water withdrawal project to continue withdrawal of 
8.7 million gallons (mg)/30 days to supply the applicant's 
manufacturing facility from existing Wells Nos. 2 and 4 in the Lehigh 
River Watershed. The project is located in Glendon Borough, Northampton 
County, Pennsylvania. (NAR'd as D-93-48 Renewal.)
    5. Blue Ridge Real Estate Company D-93-57-2. An application for the 
renewal of a surface water withdrawal project to continue withdrawal of 
100 million gallons per 30 days (mg/30 days) from an existing intake in 
Tobyhanna Creek to supply the applicant's snowmaking operations at the 
Jack Frost Ski Area. The project is located in Kidder Township, Carbon 
County, Pennsylvania.
    6. Buckingham Township D-2003-13 CP-1. An application for approval 
of a ground water withdrawal project to supply up to 5.18 mg/30 days to 
the applicant's public water supply distribution system from new Wells 
Nos. F-4 and F-5, and to increase the combined withdrawal from all 
wells from 33.2 mg/30 days to 37.5 mg/30 days. New Wells Nos. F-4 and 
F-5 are located in the Brunswick Formation. The project is located in 
the Mill Creek Watershed in Buckingham Township, Bucks County, 
Pennsylvania and is located in the Southeastern Pennsylvania Ground 
Water Protected Area. (NAR'd as D-2003-13 CP).
    7. Buckingham Township D-2004-15 CP-1. An application to expand the 
Township's Furlong Sewage Treatment Plant (STP) from 116,825 gallons 
per day (gpd) to treat an average flow of 257,312 gpd via additional 
lagoon treatment systems. The project will continue to provide 
secondary treatment of flow from residential and commercial development 
in Buckingham Township, Bucks County, Pennsylvania. The STP is located 
just east of State Route 263 in Buckingham Township. Additional 
effluent spray fields and drip irrigation zones are proposed. The 
project will continue to provide long-term effluent storage and utilize 
Mill Creek in the Neshaminy Creek Watershed as an alternate discharge 
point. (NAR'd as D-2004-15 CP).
    8. City of New York 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 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,

[[Page 60844]]

involves the demolition of three Imhoff tanks and construction of two 
sedimentation basins, plus minor facility upgrades. No increase in STP 
capacity is proposed.
    9. 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 were submitted after discussion with the Commission 
staff, the State of Pennsylvania and stakeholders. A revised draft 
operating and monitoring plan was submitted on October 1, 2004 and is 
attached to the draft docket. The amended application provides for the 
following:
     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 not to exceed 24 million gallons per day (mgd) 
of LGS' consumptive cooling water needs during times when the 
Schuylkill River 24-hour average river ambient water temperature 
exceeds 59 [deg]F and when the 24-hour average 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 LGS' entire consumptive cooling water needs 
during times when the Schuylkill River 24-hour average river ambient 
water temperature exceeds 59 [deg]F and when the 24-hour average river 
flow exceeds 1,791 cfs.
     Maintenance of minimum flow of at least 10 cfs in the East 
Branch Perkiomen Creek at all times in accordance with the draft 
Demonstration Operation and Monitoring Plan for the Joint Limerick 
Generating Station Water Supply Modification Demonstration and 
Wadesville Mine Pool Withdrawal & Stream Flow Augmentation Project that 
was submitted by Exelon.
     Development of recreational flow management plans to 
increase flows in the East Branch Perkiomen Creek above 10 cfs to 
support specific short-term recreational events.
     Establishment of a restoration and monitoring fund based 
on $0.06/1,000 gallons of makeup water that is not required for LGS 
consumptive cooling water needs due to lifting the 59 [deg]F 
temperature requirement. Flows pumped to the EBPC during periods when 
the 59 [deg]F restriction would have been in effect, but not used for 
consumptive cooling water needs at the LGS, will be credited against 
this fund.
     Working with stakeholders regarding the design and 
implementation of the demonstration and restoration projects during 
2005 and future years.
     Test periods with no augmentation/makeup waters supplied 
for LGS consumptive cooling water needs (beyond the minimum 10 cfs 
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 No. D-69-210 CP (Final) (Revision 11) and extended for one 
year by Commission Resolution No. 2003-25 adopted December 3, 2003.
    In addition to the items listed above, the afternoon portion of the 
Commission's business meeting will include the public hearing on a 
resolution to amend the Water Quality Regulations, Water Code and 
Comprehensive Plan to designate the Lower Delaware River as Special 
Protection Waters. In addition, the meeting will include: Adoption of 
the Minutes of the September 1, 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 materials relating to the other items scheduled 
for public hearing on October 27, 2004 will be posted on the 
Commission's Web site, http://www.drbc.net, where they can be accessed 
through the Home Page or 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.
    Please contact the office of the Commission secretary, Pamela M. 
Bush, by phoning 609-883-9500 ext. 224, if you wish to offer comment on 
any of the items scheduled for public hearing.
    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 office of 
the Commission secretary at 609-883-9500 ext. 224 or through the 
Telecommunications Relay Services (TRS) at 711, to discuss how the 
Commission may accommodate your needs.

    Dated: October 5, 2004.
Pamela M. Bush,
Commission Secretary.
[FR Doc. 04-22908 Filed 10-12-04; 8:45 am]
BILLING CODE 6360-01-P