[Federal Register Volume 73, Number 174 (Monday, September 8, 2008)]
[Notices]
[Pages 52031-52033]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-20700]


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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 24, 2008. 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 West 
Trenton Volunteer Fire Company, 40 West Upper Ferry Road, West Trenton, 
New Jersey.
    The conference among the commissioners and staff will begin at 
10:30 a.m. Topics of discussion will include: a Decree Parties' report; 
an annual update on implementation of the 2004 Water Resources Plan for 
the Delaware River Basin (``Basin Plan''); a report by the chair of the 
Commission's Water Quality Advisory Committee; a report by the chair of 
the Commission's Flood Advisory Committee; and a report on the status 
of development of the Flood Analysis Model, a project commenced in 
August 2007 at the request of the governors of the four Basin states, 
in accordance with a recommendation of the Interstate Flood Mitigation 
Task Force.
    The subjects of the public hearing to be held during the 1:30 p.m. 
business meeting include the dockets listed below:
    1. Burlington Country Club D-67-32-2. An application for approval 
of a ground and surface water withdrawal project to supply up to 3.1 
million gallons per thirty days (mg/30 days) from new Wells Nos. 1A, 1R 
and C1, and to supply 8.4 mg/30 days from one new and one existing 
surface water intake for the applicant's golf course irrigation system. 
The withdrawal from all sources is proposed to be limited to 8.4 mg/30 
days and 37.8 mg/year. The project is located in the Englishtown 
Formation in the Lower Delaware Watershed in Westampton Township, 
Burlington County, New Jersey.
    2. Perkasie Borough Authority D-97-12 CP-3. An application for 
approval of a ground water withdrawal project to supply up to 11.67 
million gallons per 30 days (mg/30 days) of water to the applicant's 
distribution system from new Well No. 7 in the Brunswick Formation and 
to retain the existing withdrawal from all wells at 40.2 mg/30 days. 
Proposed Well No. 7 will be used to replace some of the ground water 
supply from Perkasie Borough Authority's existing wells that may be 
lost due to regulatory changes limiting the concentration of arsenic in 
public drinking water supply. The project is located in the Three Mile 
Run and East Branch Perkiomen Creek Watersheds in Perkasie Borough, 
Bucks County, Pennsylvania, within the Southeastern Ground Water 
Protected Area.
    3. Floyd G. Hersh, Inc. D-98-7-2. An application for the renewal of 
a ground water withdrawal project to continue withdrawal of 3.750 mg/30 
days to supply the applicant's golf course irrigation system from 
existing Well No. PW-1 in the Brunswick Formation. The project is 
located in the Perkiomen--Macoby Creek Watershed in Marlborough 
Township, Montgomery County, Pennsylvania and is located in the 
Southeastern Pennsylvania Ground Water Protected Area.
    4. Mercer County Improvement Authority d/b/a Mercer Oaks Golf 
Course D-99-28 CP-2. An application for renewal of an existing surface 
water intake and approval of two new ground water wells for golf course 
irrigation and to retain the existing withdrawal from all sources of 15 
mg/30 days. The project is located in the Potomac-Raritan-Magothy 
Aquifer in the Assunpink Creek Watershed in West Windsor Township, 
Mercer County, New Jersey.
    5. Washington Township Municipal Utilities Authority D-99-43 CP-2. 
An application for the renewal of a ground water withdrawal project to 
change existing Well No. 20 from an Aquifer Storage and Recovery well 
to a production well, to continue the total combined withdrawal of 
273.01 mg/30 days from all fifteen wells, and to increase the 
allocation for Wells Nos. 2, 3, 4, 5, 8, 9, 15 and 20 from 109 mg/30 
days to 133.81 mg/30 days to supply the applicant's public supply 
distribution system from existing Wells Nos. 2, 3, 4, 5, 8, 9, 10, 11, 
14, 15, 16, 17, 18, 19, and 20 in the Mt. Laurel-Wenonah and Kirkwood-
Cohansey Formations. The project is located in the Big Timber Creek and 
Mantua Creek watersheds in

[[Page 52032]]

Washington Township, Gloucester County, New Jersey.
    6. Lehigh County Authority D-2001-20 CP-3. An application to 
replace the withdrawal of water from Well No. WL-8 in the applicant's 
water supply system that has become an unreliable source of supply. The 
applicant requests that the withdrawal from replacement Well No. WL-8 
be limited to 56.16 mg/30 days of water, and that the total withdrawal 
from all wells remain limited to 256.24 mg/30 days. The project is 
located in the Allentown Formation in the Little Lehigh Creek Watershed 
in Upper Macungie Township, Lehigh County, Pennsylvania. The site is 
located within the drainage area to the section of the non-tidal 
Delaware River known as the Lower Delaware, which is designated as 
Special Protection Waters.
    7. Ambler Borough Water Department D-85-26 CP-4. An application for 
approval of a ground water withdrawal project to supply up to 4.75 mg/
30 days of water to the applicant's public water supply distribution 
system from new Well No. 15 and to increase the existing withdrawal 
from all wells of 116 mg/30 days to 120.75 mg/30 days. The project is 
located in the Stockton Formation in the Wissahickon Creek Watershed in 
Lower Gwynedd and Upper Dublin Townships, Montgomery County, 
Pennsylvania, within the Southeastern Pennsylvania Ground Water 
Protected Area. The DRBC has recommended a reduction in the docket 
holder's allocation from 116 mg/30 days to 90 mg/30 days.
    8. Croda, Inc., Docket No. D-88-74-3. An application for the 
renewal of a ground and surface water withdrawal project to increase 
withdrawal from 60.04 mg/30 days to 76.63 mg/30 days from existing 
Wells Nos. 8, 9, 10, 11, and 12 and to retain the existing allocation 
of 470.59 mg/30 days from Intake 1 to supply the applicant's industrial 
facility. The project ground water withdrawals are located in the 
Potomac Formation, in the Brandywine-Christina Watershed. The project 
surface water withdrawal is located on the west bank of the Delaware 
River, in Zone 5. The project is located south of Interstate Route 295 
in New Castle County, Delaware. The DRBC has recommended a reduction in 
the docket holder's surface water withdrawal from 470.59 mg/30 days to 
99.0 mg/30 days.
    9. Concord Township Sewer Authority D-97-19 CP-2. An application to 
expand the 1.2 million gallon per day (mgd) Central sewage treatment 
plant (STP) to process 1.8 mgd, while continuing to provide tertiary 
treatment prior to discharging to West Branch Chester Creek in non-
tidal waters. The Central STP is located off the intersection of 
Conchester Road (Route 322) and Baltimore Pike (Route 1) in Concord 
Township, Delaware County, Pennsylvania. The STP will continue 
primarily to serve Concord Township, but it also will serve small 
portions of Thornbury and Chester Heights Townships, also in Delaware 
County, Pennsylvania.
    10. DS Waters of America and Nestl[eacute] Waters North America 
Inc. D-97-46-3. An application for the renewal of a spring water 
withdrawal project to continue withdrawal of 9.0 mg/30 days to supply 
the Applicant's spring water bottling facility from existing Spring 
Nos. 1 and 3 in the Tulpehocken Creek Watershed, in the Richland and 
Leithsville Formations, in Millcreek Township, Lebanon County, 
Pennsylvania. Additionally, Nestl[eacute] Waters North America Inc. has 
requested consideration for them to become a joint docket holder and 
they are proposing to change the exportation site of the 0.300 mgd of 
water from West Earl Township, Lancaster County, Pennsylvania to their 
site in Breinigsville, Lehigh County, Pennsylvania.
    11. Upper Uwchlan Township D-2000-55 CP-2. An application for the 
approval of the expansion and modification to the existing Upper 
Uwchlan Township Route 100 Regional Wastewater Treatment Plant (WWTP) 
from 0.3 mgd to 0.6 mgd. The WWTP is located in Upper Uwchlan Township, 
Chester County, Pennsylvania. The WWTP will serve existing and proposed 
development along the Route 100 corridor in Upper Uwchlan Township, 
Chester County, Pennsylvania. The WWTP will discharge treated effluent 
to open space in new subdivisions being developed in the service area, 
in both the Pickering Creek and Marsh Creek watersheds, using both drip 
dispersal and spray irrigation.
    12. Tidewater Utilities, Inc. D-2005-26 CP-2. An application for 
the renewal of a ground water withdrawal project to increase withdrawal 
from 3.85 mg/30 days to 29.458 mg/30 days to supply the applicant's 
North Dover and Garrisons Lake public supply distribution systems from 
existing Wells Nos. SF-01, SF-02 and KWE-02 in the Federalsburg and 
Cheswold Formations and new Wells Nos. 154547, 71057, 71058, 192844 and 
109193 in the Cheswold and Piney Point Formations. The increased 
allocation is requested in order to interconnect formerly independent 
service districts and to meet projected increases in service area 
demand. The project is located in the Leipsic River Watershed in Kent 
County, Delaware.
    13. UMH Properties, Inc. D-2007-22-1. An application for approval 
of a ground water withdrawal project to supply up to 6 mg/30 days of 
water to the applicant's Fairview Manor Mobile Home Park from new Wells 
Nos. 1 and 2 and to limit the existing withdrawal from all wells to 6 
mg/30 days. The project is located in the Coastal Plains Aquifer in the 
Cohansey Watershed in Vineland City, Cumberland County, New Jersey.
    14. Venice One Development D-2007-30-1. An application for the 
approval of the Venice One Development, which consists of four 6-story 
buildings comprising a total of 280 residential units and appurtenant 
ground level parking, both under and adjacent to the buildings, to be 
constructed on Venice Island, in the Manayunk Section of the City of 
Philadelphia, Pennsylvania. Under DRBC's Flood Plain Regulations, the 
Venice One Development is reviewable as a Class II project. Class II 
projects include any development of land--whether residential or non-
residential--within a flood hazard area located in a non-tidal area of 
the basin, which contains more than 25 dwelling units or includes one 
or more structures covering a total land area of more than 50,000 
square feet. The Venice One Development is to be constructed on Venice 
Island, which is located in the flood fringe portion of the flood 
hazard area. A flood hazard area is defined by DRBC FPR as the area 
inundated by a regulatory flood (100-year floodplain).
    15. Waterford Apartments At Cotton Street Development D-2007-36-1. 
An application for the approval of the Waterford Development, which 
consists of one four-story building comprising a total of 205 
residential units and appurtenant ground level parking, both under and 
adjacent to the buildings, to be constructed on Venice Island, in the 
Manayunk Section of the City of Philadelphia, Pennsylvania. Under 
DRBC's Flood Plain Regulations, the Waterford Development is reviewable 
as a Class II project. Class II projects include any development of 
land--whether residential or non-residential--within a flood hazard 
area located in a non-tidal area of the basin, which contains more than 
25 dwelling units, or includes one or more structures covering a total 
land area of more than 50,000 square feet. The Waterford Apartment 
Project is to be constructed on Venice Island, which is located in the 
flood fringe portion of the flood hazard area. A flood hazard area is 
defined by DRBC FPR as the area inundated by a regulatory flood (100-
year floodplain).

[[Page 52033]]

    16. Pennsylvania American Water Company D-2008-2-1. An application 
for approval of the existing Yardley water treatment plant's 0.402 mgd 
backwash discharge to an unnamed tributary to Brock Creek. The water 
treatment plant discharges filter backwash and sludge filter press 
filtrate to the section of the non-tidal Delaware River known as the 
Lower Delaware, which is designated as Special Protection Waters. The 
facility is located in Yardley Borough, Bucks County, Pennsylvania.
    17. Fralinger Farms D-2008-16-1. An application for the approval of 
a ground water withdrawal project to supply a maximum of 78.6 mg/30 
days of water to the applicant's irrigation system for approximately 
283 acres of fruit trees. The applicant's 15 wells are located in the 
Kirkwood-Cohansey Formation in the Cohansey River Watershed in Hopewell 
Township, Cumberland County, New Jersey. The DRBC has recommended a 
reduction in the docket holder's allocation from 78.6 mg/30 days to 
18.75 mg/30 days.
    The business meeting also will include adoption of the Minutes of 
the Commission's July 16, 2008 business meeting; announcements of 
upcoming advisory committee meetings and other events; a report on 
hydrologic conditions in the basin; a report by the Executive Director; 
and a report by the Commission's General Counsel. The meeting will 
include consideration by the Commission of a resolution amending the 
Water Code and Comprehensive Plan to implement a Flexible Flow 
Management Program for the New York City Delaware Basin Reservoirs. The 
Commission issued a notice of proposed rulemaking on these amendments 
on December 3, 2007. It announced it would accept comments on the 
proposed changes through January 18, 2008, a date that was later 
extended to March 3. It held a hearing on the proposed amendments on 
January 16, 2008. No hearing on this matter will take place on 
September 24. If the Commission approves the amendments, a detailed 
comment and response document will be issued upon filing of the 
amendments with each of the signatory parties in accordance with 
Section 14.2 of the Delaware River Basin Compact. The amendments cannot 
go into effect without the unanimous consent of the parties to the 1954 
Supreme Court decree in New Jersey v. New York, 347 U.S. 995 (1954). 
Also during the business meeting, the Commission will hold a public 
hearing on a resolution amending the composition of the Water Quality 
Advisory Committee to add members from the environmental and academic 
sectors and a resolution authorizing the executive director to enter 
into an agreement for a sediment flux study of mercury in Water Quality 
Zone 5. It will consider a resolution authorizing the executive 
director to extend the Commission's 2002 agreement with Axys Analytical 
Services Ltd. for sampling and analysis of toxic substances in ambient 
water, wastewater and sediment samples from the Delaware Estuary. An 
opportunity for public dialogue will be provided at the end of the 
meeting.
    Draft dockets scheduled for public hearing on September 24, 2008 
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, extension 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 can accommodate your needs.

    Dated: September 2, 2008.
Pamela M. Bush,
Commission Secretary.
[FR Doc. E8-20700 Filed 9-5-08; 8:45 am]
BILLING CODE 6360-01-P