[Federal Register Volume 73, Number 232 (Tuesday, December 2, 2008)]
[Notices]
[Pages 73260-73262]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-28538]


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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, December 10, 2008. The hearing will be part of the 
Commission's regular business meeting. The conference session and 
business meeting both are open to the public and will be held at the 
Commission's office building, located at 25 State Police Drive, West 
Trenton, New Jersey.
    The conference among the commissioners and staff will begin at 
10:30 a.m. Topics of discussion will include: A presentation on 
Philadelphia water conservation and stormwater management approaches by 
a representative from the Philadelphia Water Department; a presentation 
by University of Pennsylvania students on responses to climate change 
in the Delaware Basin; a status report by a representative of the 
Commission and the parties to the 1954 Supreme Court Decree in New 
Jersey v. New York, 347 U.S. 995, 74 S.Ct. 842, concerning the Flexible 
Flow Management Program (FFMP); and a presentation on the New York City 
Delaware system tunnel closure by a representative from the New York 
City Department of Environmental Protection. The Commission will not 
take action on December 10 to adopt amendments to the DRBC Water Code 
to implement the FFMP.
    The subjects of the public hearing to be held during the 1:30 p.m. 
business meeting include the dockets listed below:
    1. Aqua Pennsylvania, Inc. D-81-61 CP-4. An application for 
approval of a ground water withdrawal project to renew the allocation 
included in Docket D-81-61 CP-3 and consolidate all other docket 
approvals for the Fawn Lakes, Woodloch Springs and Masthope water 
systems, retaining the existing withdrawal from all wells of 18.38 
million gallons per thirty days (mg/30 days). Docket D-81-61 CP-4 will 
consolidate allocations approved in dockets D-81-61 CP-3, D-87-96 
Renewal, and D-89-57 CP Renewal. The projects are located in the 
Catskill Formation in the Westcolang Creek Watershed in Lackawaxen 
Township, Pike County, Pennsylvania, within the drainage area to the 
section of the non-tidal Delaware River known as the Upper Delaware, 
which is designated as Special Protection Waters.
    2. Hercules, Inc. D-87-43-3. An application to replace the 
withdrawal of water from Wells PW-4 and PW-10 in the applicant's ground 
water remediation system because of diminished yield and 
inefficiencies. New Wells PW-4R and PW-10R have been drilled as 
replacements. The applicant requests that the total approved withdrawal 
for all the wells in the system remain at 18 mg/30 days of water. The 
existing and replacement wells are located in the Magothy/Raritan and 
Cape May Aquifers in the Delaware Watershed in Greenwich Township, 
Gloucester County, New Jersey.
    3. Lehigh County Authority D-2001-20 CP-4. An application to 
replace the withdrawal of water from Well No. WL-12 in the applicant's 
water supply system because it has become an unreliable source of 
supply. The applicant requests that the withdrawal from replacement 
Well No. WL-12R be limited to 30.240 mg/30 days of water, and that the 
total withdrawal from all wells in the system remain limited to 256.24 
mg/30 days. The project is located in the Allentown Formation in the 
Little Lehigh Creek Watershed in Lower 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.
    4. Unimin Corporation D-2007-14-2. An application for renewal of 
approval to discharge up to 2.275 mgd through existing Outfall 001A to 
Dividing Creek from a hydraulic dredging operation. The applicant also 
discharges to an unnamed tributary to Dividing Creek, through Outfall 
002A during large storm events. The facility is located in the Dividing 
Creek Watershed in Commercial and Downe townships, Cumberland County, 
New Jersey.
    5. Borough of Bally D-78-19 CP-2. An application for approval of a 
ground water withdrawal project to supply up to 9.70 mg/30 days of 
water to the applicant's public water supply system from new Well No. 4 
and to increase the existing withdrawal from all wells from 9.70 mg/30 
days to 19.42 mg/30 days. The increased allocation is requested in 
order to meet projected increases in service area demand. Well No. 4 
will replace existing Well No. 3 as a water supply well because Well 
No. 3 has become an unreliable source due to local groundwater 
contamination. The applicant requests that the existing allocation for 
Well No. 3 (9.70 mg/30 days) be continued in conjunction with approval 
of the requested increase from Well No. 4 (9.70 mg/30) in order to 
accommodate continuing remediation of the contaminated portion of the 
aquifer. The water allocated to Well No. 3 will not be used in the 
public water system. The project is located in the Leithsville 
Formation in the Perkiomen Creek Watershed in Bally Borough and 
Washington Township, Berks County, Pennsylvania.
    6. Borough of Hopatcong D-92-85 CP-3. An application for approval 
of a ground water withdrawal project to increase the withdrawal from 
18.91 mg/30 days to 20.8 mg/30 days of water to the applicant's public 
water supply distribution system from existing Wells Nos. 1, 2, 3, 3A, 
4, 5, 8, 12, Squire, River Styx and new Wells Nos. 14, 15, 16 and 17 in 
the Precambrian Crystalline Rock Formation. The project is located in 
the Musconetcong River Watershed in Hopatcong Borough, Sussex County, 
New Jersey.
    7. New Jersey American Water Company D-93-28 CP-3. An application 
for approval of a ground water withdrawal project to supply up to 7.7 
mg/30 days of water to the applicant's public water supply distribution 
system from Well Nos. 2 and 3 and to temporarily increase the 
withdrawal from all wells from 4.7 mg/30 days to 7.7 mg/30 days. The 
increased allocation is requested in order to meet projected 
residential demand until an interconnection is completed. The project 
is located in the Potomac Formation in the Raccoon Creek Watershed in 
Logan Township, Gloucester County, New Jersey.
    8. Sinking Spring Borough Municipal Authority D-94-31 CP-2. An 
application for approval of the expansion of the existing wastewater 
treatment plant (WWTP) of the Sinking Spring Borough Municipal 
Authority. The application includes a proposed increase in the 
Authority's allowable discharge from 1.00 million gallons per day (mgd) 
to 1.25 mgd and related construction to expand the plant's

[[Page 73261]]

capacity. The plant will continue to discharge to Cacoosing Creek, a 
tributary of the Tulpehocken Creek. The facility is located in Spring 
Township, Berks County, Pennsylvania.
    9. New Jersey American Water D-95-46 CP-2. An application for 
approval of a ground water withdrawal project to supply up to 255 mg/30 
days of water to the applicant's combined public water supply systems. 
The withdrawal reflects the interconnection of the Mansfield (Docket 
No. D-95-46 CP-2) and Mount Holly (Docket No. D-94-8 CP) water supply 
systems. The allocation of water includes withdrawals from existing 
Well Nos. 1, 2, 3, and 4 and new Well Nos. 5, 7, and 8 of the Mansfield 
water supply system and Well Nos. 3R, 4, 5, 6, and 7 of the Mount Holly 
water supply system. The allocation increases the existing withdrawal 
from the Mansfield system from 88.7 mg/30 days to 160 mg/30 days. The 
allocation of groundwater withdrawal from the Mount Holly system will 
remain at 108.5 mg/30 days. The allocation increases the existing 
combined withdrawal from all wells in both systems from 184 mg/30 days 
to 255 mg/30 days. The increased allocation is requested in order to 
meet projected increases in service area demand. The project is located 
in the Potomac-Raritan-Magothy Aquifers in the Assicunk Creek, Crafts 
Creek, and North Branch Rancocas Creek Watersheds in Mount Holly, 
Westampton, and Mansfield Townships, Burlington County, New Jersey.
    10. Sanofi Pasteur, Inc. D-99-71-3. An application for approval of 
temporary phased increases in the allowable discharge to Swiftwater 
Creek from Sanofi's industrial wastewater treatment plant (IWTP). 
Increases from 0.55 mgd to 0.70 mgd and 0.90 mgd are proposed pending 
construction of a regional interceptor and a regional wastewater 
treatment plant (WWTP) capable of accepting flows from the Sanofi 
facility in excess of 0.55 mgd. The interceptor and WWTP projects are 
expected to be completed in 2010. The applicant also seeks approval for 
construction to expand its processes and for an increase in its TDS 
effluent limits similar to the increase granted to the existing 
facility. Docket No. D-99-71-2 approved the current stream discharge of 
0.55 mgd and expansion of the IWTP to 0.95 mgd. The project is located 
in the Brodhead Creek Watershed in Pocono Township, Monroe County, 
Pennsylvania. The Sanofi IWTP currently utilizes land application and 
will continue to do so in conjunction with its Outfall 001 discharging 
to Swiftwater Creek. Swiftwater Creek is a tributary of Paradise Creek, 
which is a tributary of Brodhead Creek, which flows into the Delaware 
River at River Mile 213.0-11.4-4.4-3.5.
    11. Broad Acres, Inc. D-2000-31. A modified application for the 
renewal of a ground water withdrawal project and to increase the 
existing allocation from 135.7 mg/30 days to 259 mg/30 days to supply 
the docket holder's agricultural irrigation project from five existing 
wells and six new wells. The project is located in the Columbia, 
Cheswold and Federalsburg Formations in the Leipsic River Watershed in 
the City of Dover, Kent County, Delaware. A Notice of Application 
Received (NAR) for this project was previously published on June 9, 
2000.
    12. City of Allentown D-2000-45 CP. An application to increase the 
applicant's surface withdrawal allocation of 4 mgd to 5 mgd from 
Crystal Springs, a tributary of the Little Lehigh River; and to reduce 
the docket holder's total allocation from all sources from 39 mgd to 20 
mgd. The docket holder utilizes four sources for public water supply; 
Crystal Springs, Schantz Spring, the Little Lehigh River and the Lehigh 
River. The docket holder will continue to provide water to the City of 
Allentown, the Whitehall Township Authority, and portions of Hanover, 
Salisbury, and South Whitehall Townships, all in Lehigh County, 
Pennsylvania.
    13. Audubon Water Company D-2004-4 CP-2. An application for the 
renewal of a ground water withdrawal project to continue withdrawal of 
49.79 mg/30 days to supply the applicant's public water supply 
distribution system from 17 existing wells and new replacement Well 
AWC-15 in the Lockatong Formation. The project is located in the 
Perkiomen Creek Watershed in Lower Providence Township, Montgomery 
County, Pennsylvania, within the Southeastern Pennsylvania Ground Water 
Protected Area. The Commission staff recommended a reduction in the 
docket holder's allocation from 49.79 mg/30 days to 45.4 mg/30 days 
based on the docket holder's 10-year projected total maximum use.
    14. Tidewater Utilities, Inc. D-2004-24-CP-2. An application for 
approval of a ground water withdrawal project to supply up to 88.977 
mg/30 days of water to the applicant's water supply system from new and 
existing wells nos. C-01, C-02, RG-01, RG-02, GG-02, GG-03, JL-01, JL-
02, JL-03, and WF-01, and to increase the withdrawal from all wells 
from 18.5055 mg/30 days to 88.977 mg/30 days. Tidewater Utilities, Inc. 
plans to combine the Camden Park, Generals Green, Jonathan's Landing, 
and Woodfield withdrawal wells under a single groundwater withdrawal 
docket. The increased allocation is requested to include all current 
withdrawals under a single docket and to meet projected increases in 
service area demand. With the exception of the Woodfield Well WF-01, 
the project wells are located in the Cheswold Aquifer in the St. Jones 
River Watershed in the Towns of Camden, Dover, and Magnolia, Kent 
County, Delaware. The Woodfield well is located in the Federalsburg 
Aquifer in the Town of Woodside, Kent County, Delaware.
    15. Borough of Bryn Athyn D-2008-13 CP-2. An application for the 
approval of a rerate of the existing Borough of Bryn Athyn Academy of 
the New Church WWTP. The application is for an increase in the WWTP's 
hydraulic design capacity from 0.065 mgd to 0.080 mgd. The WWTP's 
existing annual average effluent limitations of 0.065 mgd will remain 
unchanged. The WWTP will continue to discharge to an unnamed tributary 
of Huntingdon Valley Creek, itself a tributary of Pennypack Creek. The 
facility is located in Bryn Athyn Borough, Montgomery County, 
Pennsylvania.
    16. Shawnee Country Club D-2008-1-1. An application for approval of 
a ground water withdrawal project to supply up to 5.4308 mg/30 days of 
water to the applicant's golf course irrigation system from new Wells 
Nos. 1, 2, 3 and 4. The project is located in the Columbia Formation in 
the Mispillion River Watershed in the Town of Milford, Kent County, 
Delaware.
    17. Rake Pond Farm LLC D-2008-14 CP-1. A combined surface water and 
ground water withdrawal project to supply a maximum of 11 mg/30 days of 
water to the applicant's irrigation of approximately 20 acres of 
cranberries. The water withdrawal is utilized for crop irrigation, 
frost protection and harvest of cranberry bogs. The applicant's man-
made ponds are recharged by ground water withdrawn from the Kirkwood 
Cohansey Aquifer in the Rancocas Creek Watershed in Southampton 
Borough, Burlington County, New Jersey.
    18. Penn Terminal, Inc. D-2008-19-1. An application for approval of 
the construction of a 450-foot extension of the existing wharf. The 
proposed construction would consist of a line of filled cellular 
cofferdam bulkheads that would be driven to sit atop bedrock at 40 feet 
below mean low water (MLW) via dead weight cellular construction. Each 
cofferdam cell would be 48 feet wide. Approximately 10,400 cubic yards 
of dry fill material would be placed

[[Page 73262]]

inside the cofferdam cells, 4,800 cubic yards of which would be below 
MLW. The project is located in the Borough of Eddystone, Delaware 
County, Pennsylvania.
    19. FPL Energy Marcus Hook, L.P. D-2008-21-1. An application for 
approval to construct a new 4.32 mgd outfall for the purpose of 
redirecting processed wastewater. The discharge will consist of cooling 
tower blowdown and low volume waste streams directed to a newly 
constructed submerged outfall located along Sunoco's off-loading pier. 
The project will discharge to Zone 4 of the Delaware River. The 
facility is located in Marcus Hook Borough, Delaware County, 
Pennsylvania.
    20. Steven Parisi/Falling Creek Investment LLC D-2008-22-1. An 
application for approval of the construction of The Woods WWTP, a 
31,250 gpd facility that is proposed to discharge to a holding pond for 
spray irrigation. The project is located within the drainage area of 
the section of the non-tidal Delaware River known as the Lower 
Delaware, which is designated as Special Protection Waters. The project 
is located in the Pohopoco Creek Watershed, in Polk Township, Monroe 
County, Pennsylvania.
    21. London Grove Township Municipal Authority D-2008-33 CP-1. An 
application for the approval of the proposed London Grove Township 
Municipal Authority Conard Pyle WWTP and effluent disposal system. 
Treated sewage effluent from the Conard Pyle WWTP will be piped through 
proposed force mains to three (3) proposed offsite spray irrigation 
facilities at separate locations throughout London Grove Township. The 
hydraulic capacity of the proposed WWTP and disposal system is 0.607 
mgd. The WWTP is to be located on the east side of Rosehill Road, 
southeast of its intersection with State Road, in London Grove 
Township, Chester County, Pennsylvania. The project is located in the 
Brandywine-Christina Watershed.
    22. Horsham Water & Sewer Authority D-1997-16 CP-2. Approval is 
requested for minor corrections to the pump capacity table in Section 
A.4.b. of Docket D-1997-16 CP-2, issued to HWSA on July 16, 2008. The 
table in the docket failed to reflect very small changes to the pump 
capacities that occurred between 1997, the date of approval of the 
previous HWSA docket, and July, 2008. A revised docket containing the 
corrected table is requested. The project wells are located in the 
Pennypack Creek, Park Creek and Little Neshaminy Creek Watersheds in 
the Stockton Formation.
    The business meeting also will include adoption of the Minutes of 
the Commission's July 16 and September 24, 2008 business meetings; 
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. 
Additional business meeting items will include the following: a public 
hearing and consideration by the Commission of a resolution to 
administratively continue Docket No. D-69-210 CP-12 for the Exelon 
Limerick Generating Station until December 31, 2009 or completion of 
the public process on Exelon's pending application for a docket renewal 
with modifications, whichever occurs first; consideration by the 
Commission of a resolution adopting proposed amendments to the Water 
Code and Comprehensive Plan to implement water auditing to identify and 
control water loss; a hearing and consideration by the Commission of a 
resolution to approve the DRBC 2009-2014 Water Resources Program; and a 
hearing followed by consideration of a resolution authorizing the 
Executive Director to enter into an agreement for a sediment flux study 
of mercury in Water Quality Zone 5 upon securing funds for such a 
study. The Commission will hold a public hearing but will not consider 
for adoption on December 10 a resolution approving the DRBC fiscal year 
2010 expense and capital budgets. An opportunity for public dialogue 
will be provided at the end of the meeting.
    Draft dockets scheduled for public hearing on December 10, 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: November 25, 2008.
Pamela M. Bush,
Commission Secretary.
 [FR Doc. E8-28538 Filed 12-1-08; 8:45 am]
BILLING CODE 6360-01-P