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DELAWARE RIVER BASIN COMMISSION

Public Hearing and Business Meeting

[46 Pa.B. 6870]
[Saturday, October 29, 2016]

 The Delaware River Basin Commission (Commission) will hold a public hearing on Wednesday, November 9, 2016. A business meeting will be held on Wednesday, December 14, 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 November 9, 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.

 Written comments on matters scheduled for hearing on November 9, 2016, will be accepted through 5 p.m. on November 10, 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. Horsehead Corporation, D-1967-196-3. An application to renew approval of the discharges from the existing Horsehead Palmerton East Plant. The facility will continue to discharge non-contact cooling water and stormwater generated by the Electric Arc Furnace dust processing and metal powder production facilities from Outfall No. 004 (up to 0.15 million gallons per day (mgd)) and Outfall No. 005 (up to 0.432 mgd). The facility will continue to discharge up to 0.15 mgd from Outfall No. 004 and up to 0.432 mgd from Outfall No. 005 to Aquashicola Creek, which is tributary to the Lehigh River, at River Mile 183.6—36.3—1.0 (Delaware River—Lehigh River—Aquashicola Creek). The facility is located 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 Palmerton Borough, Carbon County, PA.

 2. Easton Area Joint Sewer Authority, D-1987-010 CP-2. An application to renew approval of the applicant's existing 10.0 mgd wastewater treatment plant (WWTP) and its discharge. The WWTP will continue to discharge treated effluent to Water Quality Zone 1E of the Delaware River at River Mile 182.8, 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 City of Easton, Northampton County, PA.

 3. Horsham Water & Sewer Authority, D-1988-017 CP-3. An application to renew the approval of the existing 2.79 mgd Horsham Water & Sewer Authority Park Creek WWTP and its discharge. Effluent limits from the Commission and the Department of Environmental Protection are based upon an average flow of 2.25 mgd. The WWTP will continue to discharge treated effluent to Park Creek at River Mile 115.63—24.1—9.0—1.1 (Delaware River—Neshaminy Creek—Little Neshaminy Creek—Park Creek) in Horsham Township, Montgomery County, PA.

 4. Alburtis Borough, D-1991-042 CP-4. An application to renew the approval of an existing groundwater withdrawal of up to 11.87 million gallons per month (mgm) to supply the applicant's public water supply distribution system from existing Wells Nos. 1, 2, 3A and 4. The requested allocation is not an increase from the previous allocation. Project Wells Nos. 1 and 2 are completed in Hornblende Gneiss and Wells Nos. 3A and 4 are completed in the Leithsville Formation. The project is located in the Swabia Creek Watershed in the Borough of Alburtis and Lower Macungie Township, Lehigh 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.

 5. Upper Moreland-Hatboro Joint Sewer Authority, D-1998-048 CP-3. An application to renew the approval of the applicant's existing WWTP and its discharge. The WWTP will remain at a hydraulic capacity of 9.08 mgd and continue to treat and discharge an annual average flow of 7.189 mgd to Pennypack Creek at River Mile 109.8—17.8 (Delaware River—Pennypack Creek) in Upper Moreland Township, Montgomery County, PA.

 6. Upper Bern Township, D-2001-002 CP-4. An application to renew the approval of the applicant's existing 0.155 mgd WWTP and its discharge. The WWTP will continue to discharge treated effluent to Wolf Creek, above the Blue Marsh Reservoir, at River Mile 92.47—76.8—15.6—5.1—2.3 (Delaware River—Schuylkill River—Tulpehocken Creek—Northkill Creek—Wolf Creek) in Upper Bern Township, Berks County, PA.

 7. Pennsylvania American Water Company, D-2006-033 CP-3. An application to renew the approval of an existing groundwater withdrawal of up to 19.19 mgm to supply the applicant's public water supply distribution system from existing Wells Nos. PW-1—PW-3. Wells Nos. PW-1 and PW-2 are completed in the Manhating Formation and Well No. PW-3 is completed in the Trimmers Rock Formation. The requested allocation is not an increase from the previous allocation. The project is located in the Brodhead Creek Watershed in Stroud Township, Monroe 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.

 8. Franconia Sewer Authority, D-2007-041 CP-2. An application to renew the approval of the applicant's existing 0.15 mgd WWTP and its discharge. The WWTP will continue to discharge treated effluent to Skippack Creek, which is a tributary of Perkiomen Creek, which is a tributary of the Schuylkill River, at River Mile 92.5—32.3—3.0—12.5 (Delaware River—Schuylkill River—Perkiomen Creek—Skippack Creek) by means of Outfall No. 001 in Franconia Township, Montgomery County, PA.

 9. City of Lewes Board of Public Works, D-2012-011 CP-2. An application to renew the approval of the applicant's existing 1.5 mgd Lewes City WWTP and its discharge. Treated effluent will continue to be discharged to the Lewes Rehoboth Canal, a tidal tributary of Water Quality Zone 6 of the Delaware River, at River Mile 0.82—2.0 (Delaware River—Lewes Rehoboth Canal) by means of Outfall No. 001, in the City of Lewes, Sussex County, DE.

 10. Blue Mountain View Estates, LLC, D-2012-014 CP-2. An application to renew the approval of the applicant's existing 0.026 mgd WWTP and its discharge. The WWTP will continue to discharge to the Aquashicola Creek at River Mile 183.66—36.32—8.25 (Delaware River—Lehigh River—Aquashicola Creek), within the drainage area of the section of the nontidal Delaware River known as the Lower Delaware, which the Commission has classified as Special Protection Waters, in Lower Towamensing Township, Carbon County, PA.

 11. Sunoco Partners Marketing & Terminals, LP, D-1967-240-2. An application to approve a withdrawal of up to 590.0 mgm of surface water from existing Intake No. RW-7 for industrial cooling, industrial processes, maintenance, training and testing of the fire suppression system and miscellaneous uses including leak and pressure testing of process equipment, dust suppression during construction activities, external cooling for overheated equipment/processes and wash down of process areas at the docket holder's Marcus Hook Industrial Complex (MHIC) facility. Up to 372 mgm of this allocation is diverted to and used by two separate energy and steam generating facilities owned by NextEra Energy located on the MHIC. The docket also approves the surface water withdrawals from existing fire water Intake No. RW-5 and new fire water Intake No. Dock-2B, which are used only for emergency fire flow purposes. The allocation of surface water approved by this docket is a reduction from the previously approved withdrawal of approximately 2,178 mgm (48,800 gpm) in Docket No. D-67-240. Intake No. RW-7 will continue to withdraw surface water from the Delaware River in New Castle County, DE. Fire water Intakes Nos. RW-5 and Dock 2B are located on the Delaware River in Marcus Hook Borough, Delaware County, PA.

 12. Kent County Levy Court, D-1977-087 CP-4. An application to approve an upgrade and expansion to the existing Kent County Levy Court WWTP. The WWTP upgrade consists of the addition of two new secondary clarifiers and tertiary filtration, along with improvements to the existing influent screening, secondary clarifiers, blowers of the existing biological nutrient removal (BNR) treatment system, ultraviolet light disinfection system, and appurtenant structures and facilities. The upgrade also includes an expansion from 16.3 mgd to 20 mgd. The WWTP will continue to discharge to ''The Gut,'' a tidal tributary of the Murderkill River, which is a tidal tributary of Delaware River Water Quality Zone 6, at River Mile 23.0—6.4—0.8 (Delaware River—Murderkill River—The Gut), near Frederica Town, Kent County, DE.

 13. Upper Montgomery Joint Authority, D-1987-028 CP-2. An application to upgrade the Applicant's existing 2.0 mgd WWTP. The upgrade consists of replacing the existing trickling filter/solid contact treatment system with a new BNR treatment system, and appurtenant improvements, including expanding the hydraulic design capacity of the WWTP from 2.5 mgd to 2.75 mgd. The WWTP will remain at an average annual design flow of 2.0 mgd and will continue to discharge to the Green Lane Reservoir on Perkiomen Creek, which is a tributary of the Schuylkill River, at River Mile 92.5—32.3—25.0—0.2 (Delaware River—Schuylkill River—Perkiomen Creek—Green Lane Reservoir) in Upper Hanover Township, Montgomery County, PA.

 14. Aqua Pennsylvania, Inc., D-2001-015 CP-6. An application to approve new Well No. SWC-14 for inclusion into the applicant's public water supply distribution system and to renew the approval of an existing groundwater withdrawal of up to 39.33 mgm from one new and 12 existing wells. All the wells are completed in the Brunswick Formation, except for Well No. CP-9 which is completed in the Lockatong Formation. The wells are located in the Commission's designated Ground Water Protected Area (GWPA) in the Swamp Creek, Minister Creek, Scioto Creek and Zacharias Creek watersheds in New Hanover, Douglass, Upper Fredrick and Worcester Townships, Montgomery County, PA.

 15. Lower Perkiomen Valley Regional Sewer Authority, D-2001-042 CP-5. An application to rerate the maximum monthly average daily flow of the applicant's existing Oaks WWTP from 20 mgd to 26 mgd. The WWTP average daily flow will remain at 14.25 mgd. No modifications to the existing WWTP are proposed. The existing WWTP has adequate capacity to accommodate the rerate to 26 mgd. The WWTP will continue to discharge treated effluent directly to the Schuylkill River at River Mile 92.47—32.4 (Delaware River—Schuylkill River) in Perkiomen Township, Montgomery County, PA.

 16. EPR Concord II, LP, D-2006-035-2. An application to approve a groundwater withdrawal of up to 6.2 mgm from existing Wells Nos. 1, 2 and PW-4 and surface water withdrawals of up to 3.1 mgm from Kiamesha Creek and 9.3 mgm from Irrigation Pond No. 1 for irrigation of the applicant's existing golf course that is being completely reconstructed. Additionally, groundwater from the same groundwater sources, but primarily Well No. 1, will be transferred to storage ponds from which up to 15 million gallons seasonally will be used for snowmaking purposes at an adjacent proposed tubing area and learn-to-ski hill. The project wells are completed in the Lower Walton Formation in the Sheldrake Stream Watershed, 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 Town of Thompson, Sullivan County, NY.

 17. Camp Moshava, D-2015-014-1. An application to approve the applicant's existing 0.036 mgd WWTP and its discharge. Treated effluent will continue to be discharged to an unnamed tributary (UNT) of Indian Orchard Brook, which is a tributary of the Lackawaxen River, at River Mile 277.7—23.1—1.8—0.5 (Delaware River—Lackawaxen River—Indian Orchard Brook—UNT), 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 Berlin Township, Wayne County, PA.

 18. Crossroads Ventures, LLC, D-2016-003 CP-1. An application to approve a withdrawal of up to 8.122 mgm of groundwater from Wells Nos. K2—K4 and Q1 for public water supply of a new resort and the exportation of up to 8.122 mgm of water from the Delaware River Basin (DRB) to the Middle Hudson River Basin (MHRB). The water withdrawn for public supply from sources in the DRB will be used within the basin, and after use will be conveyed out-of-basin to an existing WWTP located in the MHRB. The docket also approves the importation of water for snowmaking on proposed ski trails and lift areas in the DRB from a surface water source located in the MHRB. The project is located in the Town of Middletown, Delaware County and the Town of Shandaken, Ulster County, NY. All but the easternmost portion of the property is located within the DRB. The wells are completed in the Lower Walton Formation in the Vly Creek-Bushkill Watershed, which is part of the East Branch Delaware River 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 the Town of Middletown and Village of Fleischmanns, Delaware County, NY.

 19. Birdsboro Power, LLC, D-2016-004-1. An application to approve a new 485 megawatt electric generating plant and its associated consumptive use of water. The facility will purchase up to 95.17 mgm of cooling water from the Reading Area Water Authority. The estimated average and maximum consumptive use for the facility is 2.35 mgd and 2.72 mgd, respectively. The docket also constitutes a special use permit in accordance with Section 6.3.4 of the Commission's Flood Plain Regulations. The facility will be located in the Borough of Birdsboro, Berks County, PA.

 20. Brookside Country Club, D-2016-005-1. An application to approve a groundwater withdrawal of up to 8.208 mgm to irrigate the docket holder's golf course from new Well No. 2 completed in the Brunswick Formation. Well No. 2 is replacing the old golf course Well No. 1, which has experienced declining yield. The golf course has been supplementing groundwater use with water purchased from the Borough of Pottstown. The project is located in the Commission's designated GWPA in the Sprogels Run Watershed in the Borough of Pottstown and Lower Pottsgrove Township, Montgomery County, PA.

Public meeting. The public business meeting on December 14, 2016, will begin at 10:30 a.m. and will include: adoption of the minutes of the Commission's September 14, 2016, 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 December 14, 2016, business meeting on items for which a hearing was completed on November 9, 2016, or a previous date. Commission consideration on December 14, 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 November 9, 2016, or to address the Commissioners informally during the open public comment portion of the meeting on either November 9, 2016, or December 14, 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 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 David Kovach, Manager, Project Review Section, david.kovach@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 at 711 to discuss how the Commission can accommodate their needs.

Additional information, contacts. Additional public records relating to hearing items may be examined at the Commission's offices by appointment by contacting Carol Adamovic at (609) 883-9500, Ext. 249. For other questions concerning hearing items, contact Judith Scharite, Project Review Section assistant at (609) 883-9500, Ext. 216.

PAMELA M. BUSH, 
Secretary

[Pa.B. Doc. No. 16-1865. Filed for public inspection October 28, 2016, 9:00 a.m.]



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