DELAWARE RIVER
BASIN COMMISSIONMeeting and Public Hearing [43 Pa.B. 2163]
[Saturday, April 20, 2013]The Delaware River Basin Commission (Commission) will hold a public hearing on Tuesday, May 7, 2013, and a business meeting will be held on Wednesday, May 8, 2013. Both 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 18977.
Public hearing. The public hearing on May 7, 2013, will run from 12 p.m. until approximately 4 p.m. Hearing items will include draft dockets relating to the projects listed as follows and resolutions to: (a) adopt the Commission's annual Budget for the Fiscal Year (FY) ending June 30, 2014, and apportion among the Signatory Parties the amounts required for the support of the Current Expense and Capital Budgets; (b) approve the FY 2014-2016 Water Resources Program; and (c) amend the Commission's administrative agreements with Delaware and New Jersey by the addition to ''Category F'' as defined therein of certain electric generation and cogeneration facilities. In particular, the latter resolution would provide for the state agency's review and decision making process to be used in lieu of the Commission's for the category of projects consisting of electric generation and cogeneration facilities that consumptively use in excess of 100,000 gallons per day (gpd) of water during any 30-day period, when no other aspect of the project, such as a withdrawal or discharge, subjects it to Commission review under the Commission's Rules of Practice and Procedure and current administrative agreements.
The public is advised to check the Commission's web site at www.drbc.net periodically prior to the hearing date, as projects may be dropped if additional time is deemed necessary to complete the Commission's review. Written comments on all hearing items will be accepted through the close of the May 7, 2013, hearing.
Draft dockets and resolutions scheduled for hearing will be posted on the Commission's previously listed web site 10 days prior to the meeting date. Additional public records relating to the hearing items may be examined at the Commission's offices. Contact Project Review Section assistant Victoria Lawson at (609) 883-9500, Ext. 216 with any questions concerning these items.
1. William Henry Apartments, D-1968-092 CP-3. An application to renew the approval of an existing discharge from the 0.069 million gallons per day (mgd) William Henry Apartments wastewater treatment plant (WWTP). The WWTP will continue to discharge treated effluent to an unnamed tributary (UNT) of Ridley Creek at River Mile 84.0—20.75—0.6 (Delaware River—Ridley Creek—UNT), in East Whiteland Township, Chester County, PA.
2. Bristol Borough Water and Sewer, D-1969-066 CP-3. An application to renew the approval of an existing discharge from the 2.7 mgd Bristol Borough Water and Sewer WWTP. The WWTP will continue to discharge treated effluent to Otter Creek, a tidal tributary of Water Quality Zone 2, at River Mile 118.6—0.2 (Delaware River—Otter Creek) by means of Outfall No. 001, in Bristol Borough, Bucks County, PA.
3. Rockland Town, D-1985-028 CP-2. An application to renew the approval of an existing discharge from the 0.8 mgd Livingston Manor WWTP. The WWTP will continue to discharge treated effluent to Willowemoc Creek at River Mile 330.7—15.5—15.5—6.94 (Delaware River—East Branch Delaware River—Beaver Kill—Willowemoc Creek) by means of Outfall No. 001, within the drainage area of the section of the nontidal Delaware River known as the Upper Delaware, which is classified as Special Protection Waters, in the Town of Rockland, Sullivan County, NY.
4. Robesonia-Wernersville Municipal Authority, D-1988-023 CP-2. An application to renew the approval of an existing discharge from the 1.4 mgd Robesonia-Wernersville Municipal Authority WWTP. The WWTP will continue to discharge treated wastewater effluent to the Spring Creek at River Mile 92.47—76.8—10.4—5.4 (Delaware River—Schuylkill River—Tulpehocken Creek—Spring Creek), in Heidelberg Township, Berks County, PA.
5. United Corrstack, Inc., D-1993-040-3. An application to renew the approval of an existing groundwater withdrawal (GWD) of up to 17.856 million gallons per month (mgm) to supply the applicant's industrial processes from existing Well No. 1. The project well is completed in Lower Cambrian-age Carbonate Rock in the Schuylkill River Watershed in the City of Reading, Berks County, PA.
6. Bucks County Water and Sewer Authority, D-1993-076 CP-3. An application to renew the approval of an existing discharge from the 1.10 mgd Upper Dublin WWTP. The WWTP will continue to discharge treated wastewater effluent to the Pine Run Creek at River Mile 92.47—12.5—10.6—1.1—0.7 (Delaware River—Schuylkill River—Wissahickon Creek—Sandy Run Creek—Pine Run Creek) in Upper Dublin Township, Montgomery County, PA.
7. Beach Lake Municipal Authority, D-2001-052 CP-2. An application to renew the approval of an existing discharge from the 0.09 mgd Beach Lake WWTP. Treated effluent will continue to discharge to Beach Lake Creek at River Mile 282.5—6.98—3.1 (Delaware River—Masthope Creek—Beach Lake Creek) by means of Outfall No. 001, within the drainage area of the section of the nontidal Delaware River known as the Upper Delaware, which is classified as Special Protection Waters, in Berlin Township, Wayne County, PA.
8. Wayne Economic Development Corporation, D-2007-018-2. An application to renew the approval of an existing discharge from the 0.014 mgd Sterling Business Park WWTP. Treated effluent will discharge to the West Branch Wallenpaupack Creek at River Mile 277.7—17.5—11.5—5.0 (Delaware River—Lackawaxen River—Lake Wallenpaupack—West Branch Wallenpaupack Creek) by means of Outfall No. 001, within the section of the nontidal Delaware River known as the Upper Delaware, which is classified as Special Protection Waters, in Sterling Township, Wayne County, PA.
9. East Brandywine Township Municipal Authority, D-2007-043 CP-2. An application to renew the approval of an existing discharge from the Hillendale WWTP and drip irrigation facility. The WWTP is designed to treat55,388 gpd, and will continue to discharge treated domestic sanitary effluent to four on-site drip irrigation disposal areas located within the Christina River Watershed in East Brandywine Township, Chester County, PA.
10. Naval Air Warfare Center—Warminster, D-2010-038 CP-2. An application to renew the approval of an existing discharge of treated groundwater from the Naval Facilities Engineering Command Mid-Alantic Warminster groundwater treatment plant (GTP) located at the former Naval Air Warfare Center Warminster facility. The GTP will continue to pump and treat an average annual flow of 187,000 gpd of contaminated groundwater from 29 on-site wells for discharge to a UNT of the Little Neshaminy Creek, a tributary of the Neshaminy Creek, at River Mile 115.6—23.6—3.3—1.4 (Delaware River—Neshaminy Creek—Little Neshaminy Creek—UNT to Little Neshaminy Creek). The GTP is located in Warminster Township, Bucks County, PA and discharges at existing Outfall 001 located approximately 1 mile away in Warwick Township, Bucks County, PA.
11. Big Boulder Corporation, D-1985-025-3. An application to renew the approval of an existing discharge from the 0.225 mgd Big Boulder WWTP. The applicant also requested continuance of the approval by Docket No. D-1985-025-2 for expansion to a hydraulic capacity of 0.265 mgd and for utilization of absorption beds to land dispose of the first 0.04 mgd of treated effluent. The WWTP will continue to discharge treated effluent to an unnamed tributary of Tunkhannock Creek at River Mile 183.66—83.5—5.6—2.5—0.64 (Delaware River—Lehigh River—Tobyhanna Creek—Tunkhannock Creek—UNT) by means of Outfall No. 001, within the section of the nontidal Delaware River known as the Lower Delaware, which is classified as Special Protection Waters, in Kidder Township, Carbon County, PA.
12. Brodhead Creek Regional Authority, D-1986-011 CP-3. An application to approve the expansion of the service area of the existing Brodhead Creek Regional Authority (BCRA) WWTP to include two additional proposed commercial developments to be located in Tobyhanna Township: (1) a three-phased waterpark, hotel and convention center project referred to as the Kalahari Resorts project; and (2) a commercial development by Pocono Manor Investors, LP. The expanded service area will connect to the existing Pocono Township sewer system, which conveys wastewater to the BCRA WWTP by means of existing and proposed infrastructure. This project description reflects modifications made to the application after it was publically noticed on January 25, 2013. BCRA no longer proposes to include in its proposed service area expansion the Pocono Manor Village and Inn. BCRA will also provide public water supply to the proposed developments in Tobyhanna Township. No modifications to the existing treatment facilities at the 4.5 mgd BCRA WWTP are proposed. The BCRA WWTP will continue to discharge to McMichael Creek, a tributary of Brodhead Creek, at River Mile 213.0—4.0—0.2 (Delaware River—Brodhead Creek—McMichael Creek). The BCRA WWTP is located within the drainage area of the section of the nontidal Delaware River known as the Middle Delaware, which is classified as Special Protection Wa-ters, in the Borough of Stroudsburg, Monroe County, PA. The expanded service area is located in Tobyhanna Township, Monroe County, PA.
13. NGK Metals Corporation, D-1989-053-3. An application to renew the approval of an existing discharge from the 0.36 mgd NGK GTP and to approve modifications to the plant that will result in a new hydraulic capacity of 0.17 mgd. The applicant has also requested approval to reactivate three on-site groundwater remediation wells (Wells Nos. DW-12, DW-13 and DW-32) with a total withdrawal capacity of up to 6.479 mgm. The GTP has not been in operation since 2007. The United States Environmental Protection Agency has required the facility to reopen and resume operation. The existing project wells are located at NGK's former metal production site in the Allentown Formation. Treated groundwater will be discharged to Laurel Run at River Mile 92.47—80.4—2.3 (Delaware River—Schuylkill River—Laurel Run) by means Outfall No. 002, in Muhlenberg Township, Berks County, PA.
14. Gloucester County Utilities Authority (GCUA), D-1990-074 CP-4. An application to renew the approval of an existing discharge from the 27 mgd GCUA WWTP. The applicant has also requested a total dissolved solids (TDS) variance of 1,250 mg/l from the GCUA WWTP (Outfall No. DSN001A) and 1,800 mg/l at the joint outfall of GCUA and West Deptford Energy (Outfall No. DSN004A). Treated effluent will continue to discharge to Water Quality Zone 4 of the tidal Delaware River at River Mile 89.7 by means of Outfall No. DSN004A, in West Deptford Township, Gloucester County, NJ.
15. Whitemarsh Township, D-1993-037 CP-4. An application to renew the approval of an existing discharge from the 4.0 mgd Whitemarsh Township WWTP. The applicant has also requested approval to construct modifications at the WWTP without increasing the hydraulic capacity of the facility. The Department of Environmental Protection and the Commission have based effluent limitations from the WWTP on an annual average discharge flow of 2.0 mgd. The WWTP will continue to discharge treated effluent to the Schuylkill River at River Mile 92.47—18.6 (Delaware River—Schuylkill River) by means of Outfall No. 002. The WWTP is located within the Commission's designated Groundwater Protected Area in Whitemarsh Township, Montgomery County, PA.
16. Pocono Manor, D-2006-026 CP-3. An application to approve a modification to the service area of the existing Pocono Manor Investors, LP (Pocono Manor) WWTP by removing a portion of the service area previously approved by the Commission. The area to be removed (affected area), located in Tobyhanna Township, Monroe County, PA, will be served instead by the existing BCRA WWTP located in the Borough of Stroudsburg. The affected area consists of two proposed commercial developments, including: (1) a three-phased waterpark, hotel and convention center project referred to as the Kalahari Resorts project; and (2) a commercial development by Pocono Manor. The affected area will connect to the existing Pocono Township sewer conveyance system, which conveys wastewater to the BCRA WWTP by means of existing and proposed infrastructure. BCRA will also provide public water supply to the affected area. Public water for the balance of the Pocono Manor WWTP service area will continue to be supplied by Pocono Manor. No modifications to the existing treatment facilities at the 0.14 mgd Pocono Manor WWTP are proposed. The Pocono Manor WWTP will continue to discharge to the Sweetwater Creek, which is tributary of Paradise Creek, which is tributary of Brodhead Creek, at River Mile 213.0—11.4—4.4—5.3 (Delaware River—Brodhead Creek—Paradise Creek—Swiftwater Creek) and is located within the drainage area of the section of the nontidal Delaware River known as the Middle Delaware, which is classified as Special Protection Waters, in Pocono Township, Monroe County, PA.
17. Pocono Manor, D-2006-043 CP-2. An application to approve a service area modification for the applicant's existing GWD of up to 15.984 million gallons per 30 days (mg/30 days) from existing Wells Nos. 1—3. The modification consists of the removal of a portion of the applicant's the Commission-approved service area for the water withdrawal. The area to be removed (affected area) is located in Tobyhanna Township, Monroe County, PA, and will be served by the existing ground and surface water withdrawal owned and operated by BCRA. The affected area consists of two proposed commercial developments, including: (1) a three-phased waterpark, hotel and convention center project referred to as the Kalahari Resorts project; and (2) a commercial development by Pocono Manor. Sanitary sewer service for the affected area will be provided by BCRA's existing WWTP located in the Borough of Stroudsburg. Sewer service for the balance of the existing Pocono Manor service area will continue to be by means of the existing Pocono Manor WWTP. No modifications to the existing groundwater wells are proposed. The project wells are located in the Brodhead/Swiftwater Creek Watersheds, in the Catskill Formation, in Pocono Township, Monroe County, PA within the drainage area of the section of the nontidal Delaware River known as the Middle Delaware, which is classified as Special Protection Waters.
18. West Deptford Energy, D-2008-027 CP-2. An application to renew the approval to construct the West Deptford Energy Station (WDES) and to incorporate the WDES into the Comprehensive Plan. The applicant has requested an increase in the proposed withdrawal of treated effluent from 297.92 mgm to up to 374.914 mgm of water from the GCUA effluent pipeline for industrial cooling and process needs at the WDES. The applicant has also requested approval to discharge up to 4.051 mgd of concentrated effluent water back to the GCUA effluent pipeline at Monitoring Point DSN002A, the combined flow from which will discharge to Water Quality Zone 4 of the tidal Delaware River at River Mile 89.7 by means of GCUA's Outfall No. DSN004A in West Deptford Township, Gloucester County, NJ. The applicant also has requested a variance to allow up to 5,000 mg/l of TDS at Monitoring Point No. DSN002A. The withdrawal, discharge and TDS variance represent increases from the values approved in Docket No. D-2008-27-1 and are requested in connection with a projected change to the composition of GCUA's effluent.
19. Schuylkill Valley Sewer Authority (SVSA), D-2012-029 CP-1. An application to approve an existing discharge from the 0.55 mgd SVSA WWTP. The WWTP will continue to discharge to the Schuylkill River at River Mile 92.47—121.0 (Delaware River—Schuylkill River) by means of Outfall No. 001, in Blythe Township, Schuylkill County, PA.
20. Artesian Water Company, Inc., D-2012-030 CP-1. An application for approval of a GWD of up to 3.0 mg/30 days to supply the Augustine Creek Subdivision's public water supply from existing Wells Nos. 1—3. The wells are completed in the Potomac and Mount Laurel Aquifers in the Augustine Creek Watershed in New Castle County, DE. The project will be incorporated into the Comprehensive Plan. Future activities for the project will be regulated by DNREC in accordance with Administrative Agreement, Section IV.C.4.
21. Transcontinental Pipeline Company, LLC, D-2013-004-1. An application to approve the installation of 3.17 miles of new, 42-inch diameter steel natural gas transmission pipeline (the Northeast Supply Link—Palmerton Loop) parallel to the docket holder's existing Leidy Gas Line to provide additional capacity and to discharge up to 1.418 million gallons (mg) of water used for pipe cleaning and hydrostatic testing at one surface water discharge location and up to two land surface discharge locations. No additives will be added to the wash or fill water and the pipe will be new. The water will be withdrawn from a private pond located adjacent to Buckwha Creek, a tributary of Aquashicola Creek. The project also entails a temporary surface water withdrawal totaling up to 1.774 mg of water (below the Commission's review threshold) for direct pipe operations (0.356 mg), internal pipe cleaning (0.072 mg) and hydrostatic testing (up to 1.346 mg); stream crossings; and the installation of a new 16,000-hp gas turbine compressor unit at existing Compressor Station 515 in Buck Township, Luzerne County, PA. The pipeline loop itself is located in Ross Township, Monroe County, PA, within the drainage area of the section of the nontidal Delaware River known as the Lower Delaware, which is classified as Special Protection Waters.
Public meeting. The business meeting on May 8, 2013, will begin at 12:15 p.m. and will include the following items: adoption of the minutes of the Commission's March 6, 2013, business meeting, announcements of upcoming meetings and events, a report on hydrologic conditions, reports by the Executive Director and the Commission's General Counsel, consideration of items for which a hearing has been completed and a public dialogue session. The Commissioners also may consider action on matters not subject to a public hearing.
There will be no opportunity for additional public comments at the May 8, 2013, business meeting on items for which a hearing was completed on May 7, 2013, or a previous date. Commission consideration on May 8, 2013, of items for which the public hearing is closed may result in either approval of the 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 for the record at the public hearing on May 7, 2013, or to address the Commissioners informally during the public dialogue portion of the meeting on May 8, 2013, are asked to sign up in advance by contacting Paula Schmitt, (609) 883-9500, Ext. 224, paula.schmitt@drbc.state.nj.us.
Attending the hearing or meeting. The Commission's hearing and business meeting are open to the public. Without exception, however, photo identification will be required for admission. Individuals who plan to attend should visit the Commission's previously listed web site in advance of the hearing and meeting to review a complete set of procedures.
Addresses for written comment. Written comment on items scheduled for hearing may be delivered by hand at the public hearing or submitted in advance of the hearing date to Commission Secretary, P. O. Box 7360, 25 State Police Drive, West Trenton, NJ 08628, fax (609) 883-9522, paula.schmitt@drbc.state.nj.us.
Accommodations for special needs. Individuals in need of an accommodation as provided for in the Americans with Disabilities Act who wish to attend the public hearing or business meeting 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 previously listed web site closer to the hearing and meeting dates for changes that may be made after the deadline for filing this notice.
Additional information and contacts. Draft dockets and resolutions for hearing items will be posted on the Commission's web site as hyperlinks from this notice, approximately 10 days prior to the hearing date. 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 dockets, contact Project Review Section Assistant Victoria Lawson at (609) 883-9500, Ext. 216.
PAMELA M. BUSH,
Secretary[Pa.B. Doc. No. 13-708. Filed for public inspection April 19, 2013, 9:00 a.m.]
