DELAWARE RIVER
BASIN COMMISSIONPublic Hearing and Business Meeting [46 Pa.B. 562]
[Saturday, January 30, 2016]The Delaware River Basin Commission (Commission) will hold a public hearing on Wednesday, February 10, 2016. A business meeting will be held on Wednesday, March 16, 2016. The hearing and business meeting are open to the public and will be held at the Washington Crossing Historic Park Visitor Center, 1112 River Road, Washington Crossing, PA.
Public hearing. The public hearing on February 10, 2016, will begin at 1:30 p.m. Hearing items will include: draft dockets for the withdrawals, discharges and other water-related projects subject to the Commission's review; and resolutions: (1) establishing consistent practices relating to membership, recordkeeping, access to records and ''green'' meetings for Commission advisory committees; (2) authorizing the Executive Director to enter into a contract with the most competitive qualified bidder for the analysis of periphyton samples from the nontidal Delaware River; (3) authorizing the Executive Director to enter into an administrative agreement (AA) with the New York State Department of Environmental Conservation for the review of water withdrawal and wastewater discharge projects in the New York portion of the Basin; and (4) for adoption of the Water Resources Program 2016-2018.
Written comments on matters scheduled for hearing on February 10, 2016, will be accepted through 5 p.m. on February 11, 2016. After the hearing on all scheduled matters has been completed, and as time allows, an opportunity for open public comment will also be provided.
The public is advised to check the Commission's web site periodically prior to the hearing date, as items scheduled for hearing may be postponed if additional time is deemed necessary to complete the Commission's review, and items may be added up to 10 days prior to the hearing date. In reviewing docket descriptions, the public is also asked to be aware that project details commonly change in the course of the Commission's review, which is ongoing.
1. Abington Township, D-1973-191 CP-5. An application to renew the approval of the applicant's existing 3.91 million gallons per day (mgd) wastewater treatment plant (WWTP) and its discharge. The WWTP will continue to discharge to Sandy Run, which is a tributary of Wissahickon Creek, which is a tributary of the Schuylkill River, at River Mile 92.47—12.8—11.2—4.4 (Delaware River—Schuylkill River—Wissahickon Creek—Sandy Run) in Upper Dublin Township, Montgomery County, PA.
2. Pennsylvania Utility Company, D-1975-093 CP-5. An application to renew the approval of the existing 0.25 mgd Tamiment WWTP and its discharges to land (through spray irrigation) and surface water. The WWTP will continue to spray irrigate treated effluent at the Tamiment Golf Course. Treated effluent that is not spray irrigated will continue to discharge to an unnamed tributary (UNT) of Little Bush Kill, which is a tributary of Bush Kill, at River Mile 226.9—0.8—1.5—1.85 (Delaware River—Bush Kill—Little Bush Kill—UNT Little Bush Kill), within the drainage area of the section of the main stem Delaware River known as the Middle Delaware, which the Commission has classified as Special Protection Waters, in Lehman Township, Pike County, PA.
3. Aqua Pennsylvania Wastewater, Inc., D-1976-021-3. An application to renew the approval of the applicant's existing 0.1 mgd Mast Hope WWTP and its discharge. Treated effluent will continue to be discharged to a UNT of the Delaware River at River Mile 279.8—0.04 (Delaware River—UNT) by means of Outfall No. 001, within the drainage area of the section of the main stem Delaware River known as the Upper Delaware, which the Commission has classified as Special Protection Waters, in Lackawaxen Township, Pike County, PA.
4. U. S. Steel Real Estate, D-1978-068-4. An application to renew the approval of the applicant's existing 1.0 mgd WWTP (MP No. 203), 65 mgd industrial wastewater treatment plant (IWTP) (MP No. 103) and their combined discharge at Outfall No. 003. Additionally, the applicant has requested the continuation of a Total Dissolved Solids (TDS) Determination that will continue to allow TDS effluent concentrations of up to 1,100 mg/l (monthly average), 2,200 mg/l (Daily Maximum), and 2,750 mg/l (Instantaneous Maximum), as well as a discharge of non-contact cooling water (NCCW) to be monitored through MP No. 103. Treated effluent will continue to be discharged to Water Quality Zone 2 of the Delaware River at River Mile 127.0, in Falls Township, Bucks County, PA.
5. Reading Alloys, Inc., D-1979-044-3. An application to renew the approval of the applicant's existing discharge of up to 0.24 mgd of NCCW. Effluent will continue to be discharged to a UNT of Spring Creek at River Mile 92.47—76.8—6.65—5.9—3.9—1.5 (Delaware River—Schuylkill River—Tulpehocken Creek—Blue Marsh Reservoir—Spring Creek—UNT) through Outfall No. 001, in South Heidelberg Township, Berks County, PA.
6. Calpine Corporation, D-1981-020 CP-2. An application to renew the approval of the existing discharge of up to 850.53 mgd of NCCW, intake screen backwash, and boiler and cooling tower blowdown from the docket holder's Edgemoor Energy Center and Hay Road Energy Center power generation facilities. The 666-megawatt (MW) Edgemoor Energy Center is fueled by natural gas or oil and consists of three boiler/turbine units. The 1,100-MW Hay Road Energy Center facility is fueled by natural gas and consists of six combustion turbines and heat recovery steam generating units and two steam turbine units. The facilities will continue to discharge through three existing outfalls to Water Quality Zone 5 of the Delaware River at River Mile 72.8, in the City of Wilmington, New Castle County, DE.
7. DSM Nutritional Products, Inc., D-1985-014-4. An application to approve an existing surface water withdrawal (SWWD) and approve an allocation of up to 124 million gallons per month (mgm) to supply water to the applicant's manufacturing facility for industrial process, potable and remediation purposes from one existing surface water intake on the Delaware River. The requested allocation is not an increase from the previous allocation. The project's existing groundwater withdrawals are approved by the New Jersey Department of Environmental Protection (NJDEP) and will continue to be regulated by NJDEP in accordance with the AA between the Commission and the State of New Jersey. The project intake is located in the Delaware River Watershed in White Township, Warren County, NJ within the drainage area of the section of the main stem Delaware River known as the Lower Delaware, which the Commission has classified as Special Protection Waters.
8. East Stroudsburg Borough, D-1987-015 CP-3. An application to renew the approval of the applicant's existing 2.25 mgd WWTP and its discharge. Treated effluent will continue to be discharged to Brodhead Creek at River Mile 213.0—3.25 (Delaware River—Brodhead Creek) through Outfall No. 001, within the drainage area of the section of the main stem Delaware River known as the Middle Delaware, which the Commission has classified as Special Protection Waters, in the Borough of East Stroudsburg, Monroe County, PA.
9. Waynesborough Country Club, D-1992-009-3. An application to renew the approval of an existing groundwater withdrawal (GWD) of up to 6.2 mgm to irrigate the applicant's golf course from existing Wells Nos. 1978-Blue and 15. The project wells are located in the Wissahickon and Mafic Gneiss Formation. The requested allocation is not an increase from the previous allocation. The wells are located in the Commission's designated Ground Water Protected Area (GWPA) in the Crum Creek Watershed in Easttown, Chester County, PA.
10. Bernville Corporation, D-1992-027-3. An application to renew the approval of an existing SWWD of up to 8.3 mgm to irrigate the applicant's Heidelberg Country Club from existing Intake No. 1 on the Tulpehocken Creek. The requested allocation is not an increase from the previous allocation. The project intake is located in the Tulpehocken Creek Watershed in Jefferson Township, Berks County, PA.
11. Washington Township (Berks County, PA), D-1994-042 CP-2. An application to renew the approval of the applicant's existing 0.25 mgd WWTP and its discharge. The WWTP will continue to discharge to the West Branch Perkiomen Creek, a tributary of Perkiomen Creek, which is a tributary of the Schuylkill River at River Mile 92.47—32.3—23.7—6.8 (Delaware River—Schuylkill River—Perkiomen Creek—West Branch Perkiomen Creek) in Washington Township, Berks County, PA.
12. Meter Services Company, D-1994-049 CP-3. An application to renew the approval of an existing GWD of up to 3.72 mgm to supply the applicant's Village of Buckingham Springs public water supply distribution system from existing Wells Nos. 1 and 2. Wells Nos. 1 and 2 are completed in the Brunswick Formation. The requested allocation is not an increase from the previous allocation. The wells are located in the Commission's designated GWPA in the Mill Creek Watershed in Buckingham Township, Bucks County, PA.
13. Six Flags Great Adventure, D-1996-006 CP-2. An application to renew the approval of an existing importation of up to 11.59 mgm of groundwater from the Atlantic Basin to the Delaware River Basin (DRB) from existing Well No. IR-1 for irrigation purposes at the docket holder's amusement park. The importation of water occurs only when SWWD used for irrigation are not permitted because the flow in Lahaway Creek is insufficient to meet NJDEP passing flow requirements. The application also requested to renew the approval to withdrawal a combined total of up to 11.59 mgm of surface water from 2 intakes, groundwater from 19 existing small capacity groundwater wells (16 in the DRB) and the importation from withdrawals at Well IR-1 described previously for irrigation, animal washdown and non-public domestic uses. The total and individual DRB well allocations correspond to the allocations in NJDEP Permit No. 2504P. The project wells located in the DRB are completed in the Red Bank Sand, Vincetown and Mount Laurel aquifers in the Middle Crosswicks Creek Watershed in Jackson Township, Ocean County and Millstone Township, Monmouth County, NJ. Out-of-basin Well No. IR-1 is completed in the Englishtown aquifer in the Upper Toms River Watershed (Atlantic Basin) in Jackson Township, Ocean County, NJ. The SWWD are from Lahaway Creek, a tributary of Crosswicks Creek and a constructed irrigation lagoon in Jackson Township, Ocean County, NJ. In accordance with Section III.B.3 of the March 2015 Commission/NJDEP AA, the docket holder's existing groundwater and SWWD will continue to be regulated by NJDEP in accordance with the NJDEP Water Allocation Permit No. 2504P issued on September 4, 2014, with an expiration date of September 30, 2024. Upon the permittee's submission of an application for renewal of its NJDEP water withdrawal permit, the renewal request will be administered under the One Process/One Permit Program approved by the Commission on December 9, 2015.
14. Concord Township, D-1997-019 CP-4. An application to renew the approval of the applicant's existing 1.8 mgd Central WWTP and its discharge. Treated effluent will continue to be discharged to West Branch Chester Creek at River Mile 82.93—8.9—5.4 (Delaware River—Chester Creek—West Branch Chester Creek) through Outfall No. 001, in Concord Township, Delaware County, PA.
15. Calpine Corporation, D-2000-012 CP-2. An application to renew the approval to withdraw up to 8,763.7 mgm of surface water from the Pumphouse 2 Intake and up to 18,404.7 mgm of surface water from the Pumphouse 3 Intake from the Delaware River (total combined allocation of 27,168.4 mgm) for non-contact cooling, cooling tower makeup, fire suppression and intake screen backwashing at the existing Edge Moor and Hay Road Energy Centers. The allocation provided by this docket is based on the maximum water demands of the facility with all circulating, service water, fire suppression and intake screen backwash pumps in operation and represents a decrease from the allocation of 34,100 mgm (33,000 million gallons per 30 days) approved in the previous docket. This docket also updates project information and consolidates several previous Commission approvals into a single docket. The facility is located in the City of Wilmington, New Castle County, DE, and the intakes withdraw water at approximately River Mile 72.1 in Delaware River Water Quality Zone 5.
16. Lower Makefield Township, D-2002-048 CP-3. An application to renew the approval of an existing GWD of up to 7.68 mgm to irrigate the applicant's golf course from existing Wells Nos. PW-1—PW-3 completed in the Stockton and Lockatong formations. The renewal will also approve the increase in allocation of Well No. PW-1 from 2.678 mgm to 5.357 mgm. The requested system allocation is not an increase from the previous allocation. The project wells are located in the Delaware River Watershed in Lower Makefield Township, Bucks County, PA, within the drainage area of the section of the main stem Delaware River known as the Lower Delaware, which the Commission has classified as Special Protection Waters.
17. Buckingham Township, D-2004-015 CP-3. An application to renew the approval of the existing Buckingham Village WWTP and Furlong WWTP and their seasonal discharges to land (through spray irrigation) and surface water. The Buckingham Village WWTP will continue to treat up to 0.236 mgd for discharge to Lahaska Creek or conveyance to the Furlong WWTP. The Furlong WWTP is designed to store and treat up to 0.302 mgd and permitted to seasonally land discharge up to 0.257 mgd through spray irrigation. Treated effluent from Buckingham WWTP will continue to be seasonally discharged to Lahaska Creek, which is a tributary of Mill Creek, itself a tributary of Neshaminy Creek at River Mile 115.6—23.7—5.7—0.4 (Delaware River—Neshaminy Creek—Mill Creek—Lahaska Creek), in Buckingham Township, Bucks County, PA.
18. Chadds Ford Township Sewer Authority, D-2005-022 CP-3. An application to renew the approval of the applicant's existing 0.15 mgd Turner's Mill WWTP and its discharge. Treated effluent will continue to be discharged to Harvey Run at River Mile 70.73—1.5—14.6—0.66 (Delaware River—Christiana River—Brandywine Creek—Harvey Run) through Outfall No. 001, in Chadds Ford Township, Delaware County, PA.
19. Alsace Township, D-2006-005 CP-3. An application to renew the approval of the existing 0.071 mgd Alsace Township WWTP and its discharge. The WWTP will continue to discharge treated wastewater effluent to a UNT of the Little Manatawny Creek at River Mile 92.47—54.15—16.7—4.7—0.23 (Delaware River—Schuylkill River—Manatawny Creek—Little Manatawny Creek—UNT of the Little Manatawny Creek), in Alsace Township, Berks County, PA.
20. Bedminster Municipal Authority, D-2006-010 CP-3. An application to renew the approval of the applicant's existing 0.246 mgd Pennland Farms WWTP and its discharge. Treated effluent will continue to be discharged to a UNT of Deep Run Creek at River Mile 157.0—4.7—7.1—0.1 (Delaware River—Tohickon Creek—Deep Run Creek—UNT) through Outfall No. 001, within the drainage area of the section of the main stem Delaware River known as the Lower Delaware, which the Commission has classified as Special Protection Waters, in Bedminster Township, Bucks County, PA.
21. Camp Lohikan, D-2009-024-2. An application to renew the approval of the applicant's existing 0.03 mgd WWTP and its land discharge through spray irrigation. Treated effluent will continue to be spray irrigated to two spray fields located in the Equinunk Creek Watershed, within the drainage area of the section of the main stem Delaware River known as the Upper Delaware, which the Commission has classified as Special Protection Waters, in Buckingham Township, Wayne County, PA.
22. Town of Liberty (NY), D-1967-121 CP-2. An application to renew the approval of Wells Nos. 3 and 4 in the Stevensville Well Field and to approve existing Wells Nos. 1 and 2 in the White Sulphur Springs Well Field and the Sherwood and Roth Wells in the Sherwood-Roth Well Field to supply up to a total of 46.75 mgm of groundwater to the docket holder's public water system which serves five interconnected water districts in the Town of Liberty. The groundwater wells are completed in unconsolidated glacial outwash in the West Branch Mongaup River Watershed in the Town of Liberty, Sullivan County, NY within the drainage area of the section of the main stem Delaware River known as the Upper Delaware, which the Commission has classified as Special Protection Waters.
23. Fallsburg Consolidated Water District (FCWD), D-1990-105 CP-4. An application to approve a total withdrawal of up to 143.94 mgm of groundwater from 14 previously approved wells and 1 new replacement well (Fallsburg Well No. 1B) to continue to supply water to the FCWD public water distribution system. The total groundwater allocation approved by this docket is an increase in the previously approved allocation of 129.4 mgm. Fallsburg Well No. 1 will be retained for emergency supply in the event that Fallsburg Well No. 1B is taken off-line due to electrical or mechanical problems. New Well No. 1B is screened in unconsolidated valley fill deposits in the Sheldrake Stream Watershed. With the exception of two wells which are bedrock wells completed in the Walton Formation, the existing project wells are screened in unconsolidated valley fill deposits in the Sheldrake Stream, Neversink River and Mongaup River watersheds, within the drainage areas of the section of the main stem Delaware River known as the Middle and Upper Delaware, which the Commission has classified as Special Protection Waters, in the Town of Fallsburg, Sullivan County, NY.
24. Jim Thorpe Borough, D-1996-019 CP-3. An application to renew the approval of and to approve an upgrade to the applicant's existing 1.0 mgd WWTP. The project upgrade consists of modifying the WWTP's existing contact stabilization treatment system to be a biological nutrient removal treatment system. The WWTP capacity will remain at 1.0 mgd and will continue to discharge treated effluent to the Lehigh River at River Mile 183.7—47.0 (Delaware River—Lehigh River) through Outfall No. 001 within the drainage area of the section of the main stem Delaware River known as the Lower Delaware, which the Commission has classified as Special Protection Waters, in the Borough of Jim Thorpe, Carbon County, PA.
25. Cott Beverages, Inc., D-2007-006-3. An application to renew the approval of and to approve an upgrade to the existing 0.07 mgd Cott Beverage IWTP. The upgrade consists of replacing existing process water-softening equipment with a reverse osmosis (RO) treatment unit. Reject wastewater from the proposed RO unit will be routed for treatment to the IWTP, which will not be modified. The IWTP will continue to discharge treated process wastewater to the West Branch Chester Creek, which is a tributary of Chester Creek, at River Mile 82.93—8.37—6.30 (Delaware River—Chester Creek—West Branch Chester Creek) through Outfall No. 001, in Concord Township, Delaware County, PA.
26. Cochecton Town, D-2015-009 CP-1. An application to approve the applicant's existing 0.21 mgd Lake Huntington WWTP and its discharge. Treated effluent will continue to be discharged to a UNT of Ten Mile River at River Mile 284.2—7.6—1.6 (Delaware River—Ten Mile River—UNT) through Outfall No. 001, within the drainage area of the section of the main stem Delaware River known as the Upper Delaware, which the Commission has classified as Special Protection Waters, in the Town of Cochecton, Sullivan County, NY.
27. Pennsylvania Department of Conservation and Natural Resources, D-2015-017 CP-1. An application to approve a SWWD of up to 3.565 mgm (to supplement water into the Delaware Canal) from two existing surface water intakes on the Delaware River at Durham and Center Bridge. The water will be used to augment flow in the Delaware Canal. The two existing intakes are located in the Delaware River Watershed in Durham Township and Solebury Township, Bucks County, PA within the drainage area of the section of the main stem Delaware River known as the Lower Delaware, which the Commission has classified as Special Protection Waters. This application also requests the approval of a temporary pilot project to discharge up to 3 mgd from the Point Pleasant Pump Station into the Pennsylvania-Delaware Canal to re-establish and maintain flow in the canal.
28. Eastern Shore Natural Gas Company, D-2015-020-1. An application to approve the construction of the Delaware River Basin portion of the docket holder's White Oak Mainline Expansion Project, including: two loops of 16-inch diameter natural gas pipeline in Chester County, PA and the expansion of the docket holder's existing Dover City Compressor Station in New Castle County, DE. The Project is necessary to provide 45,000 dekatherms per day of Off-Peak <=90 firm transportation service for Calpine Energy Services, L.P. (CES), which has executed a binding precedent agreement obligating it to execute a long-term service agreement with Eastern Shore for service. CES will use the incremental capacity to deliver natural gas fuel to the Garrison Energy Center, a 309-MW state-of-the art, combined cycle power plant. The docket also constitutes a special use permit in accordance with Section 6.3.4 of the Commission's Flood Plain Regulations. The Kemblesville Alternative 2 Loop crosses two designated tributaries of the White Clay Creek Natural Wild and Scenic River, which is listed as a recreation area in the Commission's Comprehensive Plan. The Daleville Loop is located in the Doe Run Watershed in Highland Township and Londonderry Township, Chester County, PA and the Kemblesville Alternative 2 Loop is located in the West Branch White Clay Creek Watershed in Franklin Township, Chester County, PA. The Delaware City Compressor Station is located in the Dragon Creek-Delaware River Watershed in New Castle County, DE.
29. Pennsylvania Department of Environmental Protection (PADEP), D-2015-021 CP-1. Approval of a GWWD project to supply up to 45 mgm of groundwater from the proposed Quakake Mine Pool Well to support the applicant's efforts to abate the Jeanesville coal seam mine fire. The project will rely upon the Hazelton City Authority Water Department (HCAWD) Lehigh River Withdrawal for fire flow if the Quakake Mine Pool Well cannot provide sufficient demand. The applicant received an emergency approval for the project in accordance with Section 2.3.9.B. of the Commission's Administrative Manual Part III—Rules of Practice and Procedure on December 21, 2015. The emergency approval also includes a temporary increase in HCAWD's allowable withdrawal from the Lehigh River from 2.5 mgd to 3.5 mgd for mine firefighting purposes only, if necessary. The project is located in the Beaver Creek Watershed in Banks Township, Carbon County and Hazle Township, Luzerne County, PA within the drainage area of the section of the main stem Delaware River known as the Lower Delaware, which the Commission has classified as Special Protection Waters.
Public meeting. The public business meeting on March 16, 2016, will begin at 10:30 a.m. and will include: adoption of the minutes of the Commission's December 9, 2015, business meeting; announcements of upcoming meetings and events; a report on hydrologic conditions; reports by the Executive Director and the Commission's General Counsel; and consideration of any items for which a hearing has been completed or is not required. After all scheduled business has been completed and as time allows, the meeting will also include up to 1 hour of open public comment.
There will be no opportunity for additional public comment for the record at the March 16, 2016, business meeting on items for which a hearing was completed on February 10, 2016, or a previous date. Commission consideration on March 16, 2016, of items for which the public hearing is closed may result in approval of the item (by docket or resolution) as proposed, approval with changes, denial or deferral. When the Commissioners defer an action, they may announce an additional period for written comment on the item, with or without an additional hearing date, or they may take additional time to consider the input they have already received without requesting further public input. Any deferred items will be considered for action at a public meeting of the Commission on a future date.
Advance sign-up for oral comment. Individuals who wish to comment on the record during the public hearing on February 10, 2016, or to address the Commissioners informally during the open public comment portion of the meeting on either February 10, 2016, or March 16, 2016, as time allows, are asked to sign up in advance by contacting Paula Schmitt, paula.schmitt@drbc.nj.gov.
Addresses for written comment. Written comment on items scheduled for hearing may be delivered by hand at the public hearing or in advance of the hearing, either by hand, United States Mail or private carrier to the Commission Secretary, P. O. Box 7360, 25 State Police Drive, West Trenton, NJ 08628, fax (609) 883-9522 or e-mail (preferred) paula.schmitt@drbc.nj.gov. If submitted by e-mail, written comments on a docket should also be sent to William J. Muszynski, Manager, Water Resources Management, william.muszynski@drbc.nj.gov.
Accommodations for special needs. 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 their needs.
Updates. Items scheduled for hearing are occasionally postponed to allow more time for the Commission to consider them. Other meeting items also are subject to change. Check the Commission's web site at www.drbc.net closer to the meeting date for changes that may be made after the deadline for filing this notice.
Additional information and contacts. Additional public records relating to hearing items may be examined at the Commission's offices by appointment by contacting Carol Adamovic, (609) 883-9500, Ext. 249. For other questions concerning hearing items, contact Project Review Section assistant Victoria Lawson, (609) 883-9500, Ext. 216.
PAMELA M. BUSH,
Secretary[Pa.B. Doc. No. 16-157. Filed for public inspection January 29, 2016, 9:00 a.m.]
