ML20005C117
| ML20005C117 | |
| Person / Time | |
|---|---|
| Site: | Limerick  |
| Issue date: | 11/16/1981 |
| From: | Lewis S NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8111180416 | |
| Download: ML20005C117 (34) | |
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4 flovenber 16, 1981 UNITED STATES OF A!! ERICA fiUCLEAR REGULATORY C0ti:11SSI0ft BEFORE THE AT0flIC SAFETY AND LICENSING BOARD In the itatter of
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PHILADELPHIA ELECTRIC C0!!PANY
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Docket flos. 50-352
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50-353 (Limerick Generating Station,
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NRC STAFF ANSWER TO A11 ENDED PETITION g${\\
TO INTERVENE OF DEL-AWARE UNLIT 11TED 1
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INTRODUCTION b
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u On September 21, 1981 Del-Aware Unlimitea, Inc., filed a tinely petition to intervene in this proceeding. The NRC Staff opposed Del-Aware's admission for failure to demonstrate standing, in that the alleged harn to Del-Aware and its members arises from activities within the jurisdiction of another Federal Agency, the Delaware River Basin Commission ("DRBC").1/ Applicant also opposed Del-Aware's admission on this basis and additionally argued that Del-Aware had failed to demonstrate any significantly changed conditions which would warrant reconsideration at the operating license stage of natters considered by the then Atomic Energy Connission and the DRBC at the construction pernit
-If "NRC Staff Response to Petition To Intervene and Request for Hearing
" (October 8, 1981).
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_ 2 stage, had failed to neet the requiraients for organizational standing, and that its petition was untimely. !
By its October 14,1981 ltenorandum and Order Setting Schedule for Subsission of Contentions and Other Preliminary Infon1ation" (" Order"),
the Atonic Safety and Licensing Board held that Del-Aware's standing depends upon the derivative interest through its members in the alleged adverse effect of the operations proposed by the Applicant on the supply and quality of surface waterways, principally the Delaware River, and groundwater in the vicinity of thepoposedBradshawReservoir.3/
The Board noteu that Del-Avare had identified two nembers on whose behalf the petition was said to be filed, but had not provided any information on their specific grounds for standing. The Board, therefore, directed Del-Aware -to amend its petition with affidavits of individual members in which they authorized Del-Aware to intervene on their behalf and stated their interests and how those interests night be affected by specific alleged adverse.1ffects on water (as alleged in the petition) as a result of this proceeding. 4/
The Board further stated that Del-Aware should, at the time it filed its contentions, 3ddress the arguments raised by the Staff and Applicant against relitigation of its " water issues."E/
i
-2/
" Applicant's Answer to Petition for Intervention of Del-Aware Unlinited, Inc." (October 7,1981).
3/
Order at 9.
i 4/
Id.
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Id.
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On October 26, 1981, in response to ti.c Board Order, Del-Aware filed the affidavits of Val Sigstedt and Colleen Wells.5/ The Staff herein files its answer to Del-Aware's affidavits submitted as an amendnent to its petition to intervene.
II.
DISCUSSION Both affiants state that they are members of Del-Aware and that they authorize it to intervene on their behalf in this proceeding.
Mr. Sigstedt's affidavit, which is fully adopted by fis. Wells, asserts interests arising from activities in which he participates. He states that he reguirly uses the Delaware River and its environs for recreational activities, that he also utilizes the river and its environs to provide inspirational landscapes for reproduction on stained glass by himself and his students, and that he relies on the present environnentally attractive rural character of Bucks County to attract clients and pronote the sale of his artistic products, fir. Sigstedt asserts that his interests in the Delaware River will be adversely affected by the continued construction and the operation of Limerick in three ways:
1.
His recreational activities on the Delaware will be adversely affected by the appearance and operation of the Point Pleasant intake.
6/
fis. Wells' affidavit is unsigned.
Counsel's covering letter states that Ms. Wells' executed affidavit was nailed on October 26, 1981, under separate cover.
NRC Staff counsel has not, however, received the executed affidavit.
2.
His business will suf fer fran the end effect of the construction and operation of the Point Pleasant intake, in that the intake will render feasible the water use plans of the Neshaminy Water Resources Authority ("NWRA"), which will have the effect of urbanizing Bucks County and cause potential clients and students to lose interest in the area and in his artistic production.
3.
As a person devoted to the preservation and enjoyment of the natural environment, he will suffer injury through the environnental insult caused by the Point Pleasant intake and its operation.
Mr. Sigstedt asserts that his interest in protection of the Delaware will be further adversely affected by changes in the Point Pleasant intake location and design which have occurred since the issuance of construction permits for Limerick by the then Atomic Energy Comnission.
Additionally, affiant asserts that he will be adversely affected by alleged leaching of toxic materials from Bradshaw Reservoir, since his residence is located downgradient from the reservoir.
In addition to adopting fully Mr. Sigstedt's affidavit, Ms. Wells states that she resides within the vicinity of Perkionen Creek and the proposed transmission main from Bradshaw Reservoir to the East Branch Perkiomen Creek. Based on her residence and her business and recreational use of the environment in that vicinity, she asserts that she would be adversely affected by construction of the transmission nain i
and by dumping of polluted materials into the Perkiomen Creek.
I The affidavits filed by Del-Aware confirm the Staf.f's response to Del-Aware's initial petition. The interests assertei by Mr. Sigstedt and Ms. Wells relate to matters within the review and approval responsibility e
5-of the Delaware River Basin Connission and the Corps of Engineers and it is to those agencies that Del-Aware would have to lcok for protection of i ts members' interests. The Applicant has provided as an attachment to its answer to Del-Aware's initial petition a copy of the DRBC's decision of February 18, 1981, approving the Applicant's plan for the Bradshaw Reservoir, a pumping station to take water fran the reservoir, and a transmission nain to carry that water fra, the reservoir to the East Branch Perkionen Creek for eventual use for condenser cooling by the i
Limerick plant.2/ As noted in that decision (at 1), DRBC has also reviewed and approved in a separate, but related, docket NWRA's proposal to withdraw water fra, the Delaware River at the Point Pleasant intake and transport it to the Bradshaw Reservoir. Additional review of the precise design and construction nethods of the Point Pleasant intake is the subject of a permit application presently pending before the Corps of i
Engineers.8/
The affidavits supplied by Del-Aware indicate that its nenbers' interests focus on perceived impacts of the Point Pleasant intake, toe Bradshaw Reservoir, the Applicant's transmission nain from the reservoir 2/
Decision in Docket No. D-79-52 CP.
8/
Letter dated April 21, 1981, from Roy E. Dennark, Jr., Chief, Permits Branch, Philadelphia District, Corps of Engineers to Robert L. Tedesco, NRC, with attachments.
A copy of that letter (and attachments) are enclosed with this answer.
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to the East Branch Perkiocen Creek, and the discharge into the East Branch Perkionen Creek.. A review of the DRBC's decision in Docket No. D-79-52 CP, the Public Notice attached to the Corps' April 21, 1981 letter to the NRC, and the DRBC's February 18, 1931 decision approving the NURA's water supply plans / ndicates, however, that these matters i
have either already been the subject of approval by DRBC or are pending for approval before the Corps.
A major concern of Del-Aware is the inpact of the Point Pleasant intake on the recreational and aesthetic qualities of that area of the Delaware River. This concern is said to be heightened by changes to the location and design of the intake which have not been reviewed by the NRC.
Consideration pursuant to the National Environnental Policy Act3E/
of environnental impacts of the Point Pleasant Diversion is, however, the responsibility of DRBC as " lead agency."$1/ npacts of the intake on I
recreational and aesthetic qualities appear to have been fully considered i
by the DRBC in approving the Applicant's and NWRA's water diversion I
i 9/
A copy of this decision (Docket No. D-65-76 CP) is enclosed.
10/ 42 U.S.C. Q 4332, et seq.
~~~11/ See Philadelphia Electric Co. (Limerick Generating Station, Units 1 and 2), ALAB-262,1 NRC 163,171,182,186,187-189; 40 C.F.R.
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plans, which included the referenced changes to the intake location and design.12/
In addition to their interest in protection of the Delaware River, affiants have also asserted that one or both of then will be harned by the operation of the Bradshaw Reservoir, the discharge from the Applicant's transmission main into the East Branch Perkiomen Creek, and the construction of the transmission nain. The leaching of toxic materials from the Bradshaw Reservoir into surrounding groundwater, a possibility asserted by fir. Sigstedt, is a natter which is subject to nonitoring, and corrective actions as necessary, pursuant to a condition placed by DRBC on its approval of the Applicant's plan for construction and operation of the Bradshaw Reservoir.13/ Ms. Wells' concern that
" polluted materials" nay be transferred from the Delaware River to Perkionen Creek also relates to a catter considered by the DRBC, which found that the water quality in the two water bodies is compatible and that no treatment will be required for the inter-basin transfer.1S/
Ms. Wells has not specified how the construction of the transnission nain will adversely affect her enjoyment of the environment of the Perkiomen
---12/ Decision in Docket No. D-65-76 CP; Decision in Docket No. D-79-52 CP. The Corps will also consider such impacts in determing whether to issue pennits for construction of the intake.
Public Notice, at 2.
13/ Decision in Docket No. D-79-52 CP, at 7.
14/
Id., at 5.
l Creek area, but DRBC appears to have considered the environnental impacts of construction in approving the plans for the main.1E/
lir. Sigstedt and !!s. Wells further assert that their businesses will 8
be harned by the following sequence of-events:
the construction of the Point Pleasant Diversion will enable NURA to undertake its water supply i
i plan, which will lead to the urbanization of Bucks County and resulting l
losses to their business. This assertion does not even focus upon the Applicant's proposal pending before the Licensing Board, which is for the issuance of operating licenses fo: the Limerick units.
In any event, the f
ultimate impact is not one that is " reasonably foreseeable" such that the hRC, or any other Federal agency required to comply with NEPA, would be expected to consider it in its environmental impact statenent.15!
III.
CONCLUSION For the above reasons, the Staff believes that the interests of Del-Aware's members relate to matters within the jurisdiction of DRBC, acting as lead agency for review of the Applicant's and NWRA's water use plans. Additionally, specific design and construction details of the Point Pleasant intake are subject to the review and approval authority of the Corps of Engineers. The interests which Del-Aware seeks to protect by intervention on this NRC proceeding, should have been pursued before 15/
Id., at 4.
---16/ Limerick, ALAB-262, supra n.11,1 NRC 183; Long Island Lighting Co.
(Shorehan Nuclear Power Statien), ALAB-156, 6 AEC 831, 836, 838 (1973); flaine Yankee Atomic Power Co. (Maine Yankee Atonic Power Station), ALAB-161, 6 AEC 1003, 1011 (1973); Environnental Defense Fund v. Corps of Engineers, 348 F.Supp. 916, 933 (N.D. fliss.,1972).
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the DRBC and the Corps. Given the respective responsibilities of these agencies, the interests asserted by Del-Aware do not, therefore, establish the standing of Del-Aware, on behalf of its members, to intervene in this proceeding.
Should Del-Aware's response to the Staff's and Applicant's argunents against relitigation of these water supply issueslI/ alter the Staff's position, we will so indicate in our response to the Del-Aware arguments.30[
Respectfully submitted,
,bE 4
Stephen H. Lewis Counsel for NRC Staff Dited at Bethesda, fiaryland this 16th day of November, 1981
--~17/ This response is to be filed with Del-Aware's contentions.
It is to be received by November 17, 1981, unless Del-Aware is coordinating its contentions with the other petitioners.
Board Order of October 14,1981, at 9, as modified by "!!emorandun and Order Adjusting Schedule and Clarifying Status of Limited Appearors" (November 9, 1981), at 2-3.
18/ Pursuant to the Board's November 9,1981 Order, this response is to be filed by December 7,1981, at 2-3.
O 9
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of PHILADELPHIA ELECTRIC COMPANY
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Docket Nos. 50-352 1
50-353 (Limerick Generating Station, Units 1 and 2)
)
CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF ANSWER TO AMENDED PETITION TO INTERVENE OF DEL-AWARE UNLIMITED" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class, or, as indicated by an asterisk through deposit in the Nuclear Regulatory Commission's internal mail system, this 16th day of November,1981:
Lawrence Brenner, Esq., Chairman
- Mr. Edward G. Bauer, Jr.
Administrative Judge Vice President & General Counsel U.S. Nuclear Regulatory Commission Philadelphia Electric Company Washington, DC 20555 2301 Market Street Philadelphia, PA 19101 Dr. Richard F. Cole
- Administrative Judge Troy B. Conner, Jr., Esq.
U.S. Nuclear Regulatory Commission Mark J. Wetterhahn, Esq.
Washington, DC 20555 Conner and Wetterhahn 1747 Pennsylvania Avenue, N.W.
Dr. Peter A. Morris
- Washington, DC 20006 Administrative Judge U.S. Nuclear Regulatory Commission Mr. Charles Bruce Taylor Washingtcn, DC 20555 24 West Tenth Avenue Colleguille, PA 19426 Mr. Frank R. Romano Air and Water Pollution Patrol Mr. Marvin I. Lewis 61 Forest Avenue 6504 Bradford Terrace Ambler, PA 19002 Philadelphia, PA 19149 Atomic Safety and Licensing Atomic Safety and Licensing Board Panel
- Appeal Panel (5)*
U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 Docketing and Service Section*
Office of the Secretary U.S. Nuclear Regulatory Commission Washington, DC 20555 l
Environmental Coalition on Nuclear Walter W. Cohen Power Consumer Advocate Dr. Judith H. Johnsrud, Co-Director Office of Attorney General 433 Orlanco Avenue 1425 Strawberry Square State College, PA 16801 Harrisburg, PA 17120 Robert W. Adler Assistant Counsel Commonwealth of Pennsylvania, DER Thomas Gerusky, Director 505 Executive House, Bureau of Radiation Protection P.O. Box 2357 Dept. of Environmental Resources Harrisburg, PA 17120 5th Floor, Fulton Bank Building Third and Locust Streets Randall Brubaker Harrisburg, PA 17120 Assistant Counsel Commonwealth of Pennsylvania,' DER Director Room 1200, 1315 Walnut St.
Pennsylvania Emergency Management Philadelphia, PA 19107 Agency Basement, Trarsportation & Safety Joseph H. Wnite III Building 11 South iterion Avenue Harrisburg, PA 17120 Bryn Mawr, PA 19010 John Shniper Steven P. Hershey, Esq.
Meeting House Law Bldg. & Gallery Consumers' Education Mennonite Church Rd.,
and Protective Association
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Schuylxill Rd. (Rte. 724)
Sylvania House Spring City, PA 19475 Juniper and Locust Streets Philadelphia, PA 19107 Robert L. Anthony Frier.ds of the Earth of the Alan J. Nogee Delaware Valley The Keystone Alliance 103 Vernon Lane, Box 186 3700 Chestnut Street Moylan, PA 19065 Philadelphia, PA 19104 Judith A. Dorsey, Esq.
Robert J. Sugarman Limerick Ecology Action Del-Aware Unlimited, Inc.
1315 Walnut Street, Suite 1632 Berle, Butzel, Kass & Case Pniladelphia, PA 19107 2115 Bainbridge Street Philadelphia, PA 19146 Donald S. Bronstein, Esq.
The National Lawyers Guild William A'. Lochstet Thiro Floor 119 E. Aaron Drive Philadelphia, FA 19102 State College, PA 16801 1425 Walnut Street Charles W. Elliott, Esq.
123 N. 5th Street, Suite 101 Allentown, PA 18102 d
Steph%n H. Lewis Counsel for NRC Staff L _._
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Dear Mr. Tedesco:
d This is in regard to applications frots the Neshaminy Water Resources Authority
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for Depart:sent af the Army permits to construct water diversion structurer
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near Point Pleasan., Bucks County, Pennsylvania.
Inclosed for your information are two public notices for the proposed work j]
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near Point Pleasant.
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PL'bLIC Nf1TICE Notice to hereby gtven that the Nishartny Vater Resources Authority,J.259 i
h w a r ;. haad. Doylesto m, P: nn sy lv a n t a IM 01, has appised for a ?cparteent of the Ar sy pertait to cotistruc e a wat er antake structure tn tne Lelaware River l
ar.d under the Pennsylvania Canal, 500 feet downstrearn of the jurec tion of g
Tohtcbon Creek and the Delaware )ttver. State Route 32, Positt Plesant, Suces y
County, Pennsylvania.
The applicant's plans provide for constructing a water antake structure constating of cylindrical wedge-wtre screens and support piping that would be located on the bottom of the Delawara Rtver ano svuld extenu cppronteately 200 feet channetward from the entstang normal sater level.
The plans also provide f or construct asig 3 condutts, each reasuring 4 t r.c n e s an daar,eter and 250 feet in length t5at would be turted et a mantnue eptn of 4 feet below the bed of the river and would cweinec t to the pr'posec water antake structure. The plans also provtde for e cavattng e.tsi
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yards os caternal by dragitne method durir.r the trenching operation.
After the 3 condults are installed the trench would be backi,lled wi tti suitable saterta; a n.*
for protectir'n 190 ubit vards of rar-rap vcold be derosited on tiie river sans
- dannet esoston. The plans also provide for tnstelltng Ge0 linear feet of 60 inch diameter conduit at a siniftum depth of 24 feet below the bed of Pennsylvanta Canal. A temporary earthen cofferdarc would be uttltzed during the construction and trenchtng of the proposed b0 inch diameter conduit crossing under the Canal. After the conduit is installed the trench would be backftlled with suitable material to pre-existing Canal bottom elevations. The applicant's stated purpose of the proposed project to to ostract water f rom the Delaware River for a drinking w.ter supply system sorv ang centr al port tons of Bucks and Montgomery Countie s. Pennsylvan ta, aru port ton of the cooling water system of an elec tric generattng station
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f or a cr timersch, Pennsylvanta. The location of the proposeo worn ts shown on the attached plans.
The Delaware River Ba s tn Coimnt es ton a s considered the lead agencv tor the l
overall project. Tu Delaware Rtver ba s in Commi s s t on ha s prepreo an f
Invtrermental lepacs -:stement (1973) and an updateo hvtronmental Assess-ent (19801 for the overall Point Pleasant water diverston pro ect.
to pre par i ng an oper a t t or'4.
l In addttson, tM Nuclear Regulatory Coseassten Env t ronevnt al lepac t St at e me nt for the timersch <*nerating station wnten 411 restew the envaronmental apacts assott.tec.sth the optration 0: tn.
gererattng station including those t ac t i tt te s that are requnrea to suppe:t its operation. A por t ton o f the pro jec t site 'Pennsyt<anta Canal) ites witate an area which as listed on te Nat.ana. Regtster o: historte Plac->
'% s sit tee vtll es alwate the probar.e te..c: et the propose: wer. an 3.st. rte rescurces witntn the perms: area.
1 NAPC -R-60-0534-3 Neshaminy Water, Resources Authority Comments on the work described above should be submitted, in writing, to the District Engineer at the above address within 30 days of the date of this notice.
The cecision whetner to issue a permit vt11 be based on an evaluation of the probable impact of the work on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit wnten reasonably may be expected to accrue from the work must be belanced against its reasonably foreseeable detriments. All factors which may be relevant to the work will be I
considered; accog those are conservation, economics, aesthetics, general environmental ccncerns, historic values, fish and wildlife values, flood damage preventien, land use, navigation, recreation, water supply, water quality, energy needs, safety, food production, and, in general, the needs and welf are of the people. No permit wall be grantec unless its issuance is fout.d to be in public interest.
q The evaluation of the impact of the work describec above on the public interest well incluce application of the guidelines promulgated by the Administrater, U. S. Environmental Protection Agency, under authority of Section 404 (b) of the Clean Water Act. Any person may request, in writing, to the Distrtet Engineer, within the ccmment perioc specifiec in this notice, enat a public hearing be held to consider this application.
Requests for public hearinBs shall state, with particularity, the reasons for holding a public hearing.
In accordance with Section 401 of the clean Uater Act, a Water Quality Certificate is necessary f rem the Pennsylvania Departnent of Er.vironnental Resources. Any comments concerning the work described abcve shich relate to Wa:er Quality Considerations should be sent to this of fice, with a copy to the Pennsylvania Depart =ect of Environmental Resources, Bureau of Water Quality Management, 1875 New Hope Straet, Norristown, Pennsylvania 19401.
The processing of this Department Of the Army permit opplication is under the statutory authcrity of Section 10 of the River and Harbor Act of 1899 and Sectivn 401 of ths Clean Water Ac t.
FOR THE DISTElCT ENGINEER:
1 L'Ms%h 1 I
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. DEMtARK, JR. d Chief, Permits Branch J
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DELAWARE RIVER BASIN COMMISSION
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N3, m Bue?s and Montgomery Counties, Pennsylvania PROCEEDINGS This is an application submitted by the Neshaminy Water Resources Authority (2.%RA) on July 5, 1979 and referred to the Commission, pursuant to an Administrative Agreement under Secticns 2-3.4 (a) and 2-3.7 of the Administrative Manual - Part II, Rules of Practice and Procedure, by the Pennsylvania Department of Environmental Resources (PADER), for review of the following cc=ponents of the water supply plan:
Point Pleasant Intake and Pumping Station; Ccmbined Transmission Main; North Branch Trans-mission Main; and North Branch Water Treatment Plant Intakes and Service Areas.
The application was amended with the submission of details of a revised Celaware River Intake Structure en September 23, 1980.
The applica icn was reviewed for revisien of the project previously included in the Comprehensive Plan and approval under Section 3.8 of the Delaware River Basin Cc= pact.
Simultaneously the Delaware River Sasin Ccamission (DRSC) considered an application submitted by Philadelphia Electric Company (PECO) to receive water frem the Point Pleasant project and convey the water to Perkic=en Creek.
The DREC prepared an environmental assessment (February 15, 1980) cn the proposal by the NWRA for the North Branch Water Treatment Plant (NSWTP) which will withdraw water from Pine Run and/or North 3 ranch Neshaminy Creek and associated cc ponents including the Point Pleasant Pumping Station.
The environmental assessment also included the proposal by PECO for the Bradshaw Reservoir and force main to the East 3 ranch of Perkic=en Creek.
The assessment concluded that an environmental impact state-ment on the NSWTP and a new environmental impact statement en the Point Pleasant Diversion Plan were not necessary.
Accordingly, on February 15, 1980, the Executive Director gave notice of his intention to issue a negative declaratien based upcn the enviren= ental assesscent, in accordance with the Commission's Rules of Practice and Precedure applicable at the time.
Numerous comments were received in response to the Executive Director's notice of intent and the Commission responded to the ccmments in a Final Environmental Assessment issued with the Negative Declaration on August 25, 1980.
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. D-65-76CP (8) 2 A public hearing on this Comprehensive Plan revision, including the amendment dated September 23, 1980, and approval of thi's project under Section 3.8 of the Compact was held on November 18, 1980.
Testimeny was received from 77 speakers and written state-ments were received from 194 parties prior to the close of the hearing en December 12, 1980.
Four of the five designated alternate Commissioners were present at the hearing and each alternate Commissioner has received the ccmpleta record of the hearing.
The PADER has approved the withdrawal of surface water for the NEWTP from North Branch Neshaminy Creek, and from Pine Run, and has approved a diversion of surface water frc= the Delaware at Point Pleasant to the North Branch Neshaminy Creek.
PADER's water obstructions and water treatment facilities permits for the 53WTP are awaiting completion of the detailed construction plans.
Applications have been submitted to the U.
S. Army Corps of Engineers for the project facilities.
The Delaware (Pennsylvania) Canal has been designated a National Historic Landmark.
The intake conduit frcm the Delaware River to the pumping station must cross the Canal.
The Pennsylvania Office of Historic Preservation has determined that the preposed project will have an adverse effec on the Canal and has directed that a federal agency must consult with the Advisory Council on Historic Places.
The Pennsylvania Office of Historic Preservation has also determined that the prcposed project will have an adverse effect en a potential historic district.
Accordingly, the State Historic Preservation Officer has directed that a federal agency must request determination of eligibility for listing the historic district en the National Register of Historic Places.
DREC, by letter dated August 28, 1980, requested the Corps of Engineers to implement the precedures in accordance with applicable federal regulations.
The Corps of Engineers agreed to cceply with the requirement of the National Historic Preservation Act of 1966 in a letter dated January 27, 1981.
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DESCRIPTION Purpose.-- The purpcse of this project is to incorpcrate revisions to the Neshaminy Watershed Project currently in the Cc=prehensive Plan and to approve under Secticn 3.8 of the Compact the plan of surface water withdrawals and related facilities for the NEWTP.
The project will provide supplemental water supplies to water-short areas of central Bucks and Montgcmery Counties.
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D-65.-76CP (8) 3 Location.-- The locations of the facilities to be constructed 1
remain essentially the sane as that described in the Comprehensive Plan and are shown on Figure A attached hereto.
More specific locations of the intake and discharge facilities are as follcws:
Facility 2iver Mile Pt. Pleasant Intake
]
(Delaware River) 156.87 Pt. Pleasant Discharge (North Branch Neshaminy Creek) 115.63-40.0-11.2 North Branch Water Treat =ent Plant Intakes (North Branch) 115.63-40.0-0.7 (Pine Run) 115.63-40.0.45.05 The final design location of all the pregect facilities are detailed on plans included in the report entitled "3.8 Application to Delaware River Basin Commission for Point Pleasant Pumping Station, Combined Transmission Ma:.n, North Branch Transmission Main, North Branch Water Treatment Plant, Western Transmission Main, Southern Transmission Main" dated June 1979.
The N3NTP, also known as the Chalfont Plant, will be located at the confluence of Pine Run with North Branch of Neshaminy Creek in the Scrough of Chalfont, Bucks County, Pennsylvania.
i The western trans=ission main will essentially parallel the Reading Railroad Line through New Britain Township to the County Line to supply water to Montgomery County purveyors.
The southern transmission line will extend across Warrington Township to supply water to that area.
The Point Pleasant Pumping Station will be located just off Pennsylvania State Route 32 and just south of Hickory Creek in Plumstead Tcwnship, Bucks County, Pennsylvania.
The combined transmissien main will extend frem the pumping station to P3CO's preposed Bradshaw Reservoir near Bradshaw Road and Texas Eastern Pipeline Right-of-Way.
The North Branch transmission main will extend frem Bradshaw Reservoir to Ncrth Branch Neshaminy Creek near Pennsylvania Route 413.
Service area.-- The N3NTP is designed to supply water to water purveyors in portions of (central) Sucks and Montgcmery Counties.
The service area is delineated en a plan titled "Neshaminy Water Supply System" and identified as Document No. 12 in the 3.8 application report dated June 1979.
D-65-76CP (8) 4 The water delivered to PECO for transmission to Perkiomen Creek will be available for use at the Limerick Generating Station which will assist in serving the electric power demands of PECO's service area in southeast Pennsylvania which is tied into the PJM system serving Pennsylvania, New Jersey, Delaware and Maryland.
Physical features.
Design crite'ria.-- Previously the NEWTP was originally a.
designed and included in the Cc=prehensive Plan to be a 20 mgd plant to be in operation in 1980, to be expanded in steps up to 100-120 mgd by the year 2020.
Reduced population forecasts and more detailed analyses have reduced the size of the projected plant.
The applicant now proposes to conctruct a plant with a capacity of 10 mgd at standard filtration rate (20 =gd at high rate) with planned future expansion to 40 mgd by the year 2010.
The water demand and the Supplemental water required frem the NSWTP are shown in the folicwing table for each ten year period of the project.
During low flow periods in North Branch Neshaminy Creek, the water treat =ent plant will depend on water withdrawn from the Delaware River and pumped into the headwaters of North Branch Neshaminy Creek released frcm North Branch Reservoir (Lake Galena), and then withdrawn by the NEWTP intake at Chalfont.
The maxi =um arount of water pt= ped frem the Delaware at Point Pleasant for public water supply (year 2010) will be 42.s =gd with 29.5 qd tc be available for the N3WTP.
Approximately 4 mgd is estimated for evaporative and seepage losses.
In addition, the PACER, in censultation with the Pennsylvania Fish Cc==ission, has established special conditions in the State's water allocation permit requiring the maintenance of streamflow in the Neshaminy Creek dcunstream of the NEWTP, in order to conserve and protect aquatic habitat and instream uses.
The PADER conditions require maintenance of a minimum ficw of 5.3 mgd between March 1 and June 15, and 2.75 mgd the remainder of the year.
These PADER streamficw maintenance requirements replace stream-flew aug=entation provisions incorporated in the original project, to aug=ent Neshaminy Creck ficws for water quality improvement via additional dilution.
With the adoption and implementation ever the past decade of more stringent treatment requirements en municipal and industrial discharges, such flew aug=entation for water quality no lenger appears justified.
A lack of interest by and financial cc=mit=ents frcm cc=munities and agencies responsible for wastewater treatment has resulted in elimination of the water quality-ficw aug=entation feature of the Neshaminy Basin project.
When natural ficws are above the minimums specified above, up to 10 mgd (when available) will be withdrawn from Pine Run and up to 15 mgd (when available) will be withdrawn from North Branch Neshaminy Creek for the NBWTP.
D-65,-76CP (C) 5 Forecast Supplemental Water Demands of Central Bucks and Central M~cntgomery County Areas Average Annual Demand. MGD Service Area 1980 1990 2000 2010 Central Bucks Total Water Needs 13.4 17.1 19.9 22.6 Local Supply 10.7 12.2 14.0 15.3 Supplemental Water 2.7 4.9 5.9 7.3 Central Montgomery Total Water Needs 18.1 24.6 29.8 32.9 Local Supply 10.8 14.1 14.1 14.1 Supplemental Water 7.3 10.5 15.7 18.8 Total Supplemental Water 10.0 15.4 21.6 *
'26.1 Maximum Water Demand. MGD 1980 1990 2000 2010 Central Bucks Total Water Needs 20.1 25.6 29.8 33.9 Local Supply 17.4 18.3 20.9 23.0 Supplemental Water 2.7 7.3 8.9 10.9
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Central Mentgomery Total Water Needs 27.0 36.9 44.6 49.3 Local Supply 19.7 21.1 21.1 21.1 Supplemental Water 7.3 15.8 23.5 28.2 Total. Supplementa! Water 10.0 23.1 32.4 39.1 l
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Point Pleasant Pumping Station will also withdraw Delaware River water and discharge it into PECO's Bradshaw Reservoir for conveyance to East Branch Perkicmen Creek and use at Limerick Generating Station when necessary.
The maximum quantity pumped by Point Pleasant Pumping Station for PECO has not changed and remains at 42 mgd plus 10 percent allcwance for losses or a total of 46.2 mgd.
The maximum taking rates for the Delaware River water under this revised plan frca Point Pleasant will be as indicated in the table marked Figure 3 attached hereto.
b.
Facilities.-- Structural components of the Neshaminy Water Supply System are as follows:
1.
North Branch Water Treatment Plant A new 10 mgd standard rate (20 mgd high rate) water treatment plant will be located on a 29-acre site at the confluence of the North Branch and Pine Run.
Treatment facilities will include a 5 mg finished water reservoir and a 5 =g filter wash water reservoir, three impervious sludge storage lagcons, a high lift pumping statien, a filter gallery, chemical feed and storage build-ing and auxiliary facilities.
North Branch Intake Dam The North 3 ranch Intake Dam will he apprcximately seven feet high and would consist of four steel roller gates that will be closed under most conditions.
The dam will form a pool and divert water to the raw water intake line for ficw by gravity to the treat =ent plant.
The roller gates are designed so that they may be raised out of the channel during high flows.
Pine Run Intake Dam The Pine Run Dam design and operation is identical to the North Branch Intake Dam, except that it will consist of two roller gates forming a dan approximately four feet high.
The combined amount of withdrawal at both intakes will vary depending upon the a cunt of treated water required for service area demands; hcwever, the withdrawals will be coordinated with strea= flow to maintain at least the minimum ficw require-ments downstream of the intake facilities.
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D-6 5-76CP (8) 7 4
l Rechannelization About 1500 feet of Pine Run, from its confluence with the North Branch of Neshaminy Creek, will be rechanneled.
This operation essentially will move a segment of Pine Run approximately 150 feet east of its present location to improve i
the siting characteristics of the stream and treatment plant.
Rechannelization will allcw diverted water to flow by gravity 4
into the plant by creating greater channel depth in the vicinity of the intake site.
The banks of Pine Run.in the affected area will be recontoured and lined with rip-rap to prevent erosion.
Similarly, the banks of the North Branch Neshaminy in the vicinity of the intake will be stabilized.
Sludge Lagoons Three sludge lagoons will be used to store sludge generated at the plant.
Each lagocn will be lined.with an impervious soil blanket and have a net capacity of approximately 1,150,000 gallons at a depth of five feet and occupy a gross rectangular area of 140 x 220 feet.
The expected amounts of i
sludge produced by the plant will be approximately 9,000 gpd when the plant is supplying 10 mgd of treated water and 18,000 gpd of sludge at 20 mgd capacity.
Solids content of the sludge is 3
estimated at five percent, accumulating at a rate of 850,000 ft /yr at the 20 mgd water supply capacity.
i It is planned to include sludge dewatering equip-ment in the future based upon the actual volume and characteristics of sludge produced during initial plant operation.
Construction of the facility is envisioned within three years of startup and will eliminate the need for sludge lagoons, except for emergency i
purposes.
The dewatered sludge produced by the treatment plant will then be hauled to an approved landfill.
Service Area Transmission Mains The finished water delivery system, consisting of four transmission mains varying in size and length frem 18 to 36 inches and frem 13,550 to 30,300 feet respectively, will radiate to the north, scuth, east and west frem the treatment plant.
Mur' ipalities will have access to the finished water at specified 1
"ta e off" points.
Four transmission mains, appurtenant to the NEWTP, are planned to distribute treated water to water purveyors in Bucks and Montgomery Counties.
The r-cuthern and western trans-mission mains will be constructed initially.
The northern and eastern mains will be added as the demand increases.
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Point Pleasant Pumping Station and Intake i
Point Pleasant, Pennsylvania is located on the Delaware River near the mouth of Tohickon Creek.
Normally, sicw moving water characterizes the river at this point, and the pumping station intake will be located near the river bottom approximately 700 feet downstream from the confluence of Tohickon Creek.
The proposed intake structure was revised as a result of the environmental review from the conventional surface intake with travelling screens to a belcw the surface welded screen intake.
Two rows of screens will parallel the river.
Each row will contain 12 i
screens and each screen is 40 inches in diameter and 40 inches in length.
The screens will be contacted to a gate well on the river j
bank by three 42 inch diameter pipelines.
A 60 inch diameter pipeline will run from the gate well crossing under the Delaware l.
Canal to the pumping station located between the Canal and Route 32.
The dredging of an entrance channel has been eliminated and the only excavation required is that for the con-I struction.
Future maintenance dredging should not be required.
The revised intake structure, near the bottom of the river away from the bank, will reduce'the risk of entrainment of fish, particularly of young and small species.
The pumping statien will have two separate electric i
supply lines for emergency service.
2 i
The pump capacity of Point Pleasant pumping station is designed to =eet the maximum demand in the year 2010.
Three of the pumps will have capacity to meet the projected maximum demand through the year 1990 leaving the fourth pump available as standby even during =aximum demand.
At that time the projected demand will be reviewed and a change in the pump capacity will be considered.
Cembined Transmission Main
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A 66" diameter Ccmbined Transmission Main, designed to convey the total withdrawal from the Delaware River will start from the Point Pleasant Pumping Station, cross under Pennsylvania
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Route 32, and traverse a relatively steep slope (22 percent grade) for 1000 feet then centinue along the approximately 1.5 mile right-of-way to the 70-million gallen Bradshaw storage reservoir.
The pipeline will be placed below ground and construction would require blasting of rocky overburden fo11cwed by a cut and fill operation.
The combined main will be capable of routing municipal supplies directly to the North Branch Neshaminy Creek via the i
' North Branch Transmission Main or to Bradshaw Reservoir simultane-ously.
A constant source of water supply will be available should the Bradshaw Reservoir be emptied for maintenance.
Water may also be supplied directly to the Bradshaw pumping station for i
transmission to the East Branch Perkicmen if the reservoir is out of service.
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D-65-76CP (8) 9 North Branch Transmission Main The north Branch Transmission Main, a'42" diameter pipeline 5,600 feet long, will extend frcm Bradshaw Reservcir to the eventual point of discharge to the North Branch Neshaminy Creek near the intersecticn of Pennsylvania Reute 413 and Bradshaw Road.
Design of the discharge structure includes the use of an energy dissipator to reduce the erosive effects of the discharge.
The pipeline will be constructed by the cut and fill method adjacent to Bradshaw Road through relatively undeveloped farmland.
Cost.-- The overall cost of this project is estimated to be
$34 million.
Relationship to the Cceprehensive Plan.-- The Neshaminy Creek Watershed Plan was included in :ne Comprenensive Plan by Cecket D-65-76CP, adopted by the Cc mission en October 26, 1966.
This plan was supplemented by Docket D-65-76CP (2), adopted January 25, 1967, and Cocket C-65-76CP (3), adopted March 17, 1971.
The NEUTP was added to the Cc prehensive Plan en January 29, 1971 as described in Cocket D-70-242CP.
FINDINGS The prepcsed =cdifications to the Neshaminy Watershed Project do net alter the main purpcse cf the project already part of the Cc=prehensive Plan.
The only significant change is the decrease in the quantity of water needed to meet prcjected demands in the service area during the life of the project.
The proposed project is designed to relieve areas that have experienced water shortages and to provide an adecuate water supply to areas that would not otherwise =eet future demands.
Recent population and land use studies have projected an increase in population for the service area that wculd, in the absence of the proposed project, continue to use an over-subscribed ground water resource.
The proposed project provides a surface water supply alternative to areas which have relied almost 100 percent en ground water.
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D-6 5-76CP (8) 10 The Neshaminy Water Resources Authority regional public water supply project has been planned and designed in a manner to encourage the orderly provision of water supply services in a manner consistent with sound conservation practices and comprehen-sive planning in the region.
Water Allocation Permit No. 0978601 issued by PACER established a continuing framework to assure imple-mentation of the project in a fashion which assures efficient use of the water derived frc= the project, equitable distributien of supplies a=cng water supply systems and cc== unities in the region, and detailad acccunting of water distribeted to varicus water supply systems served by the regional project special Conditica No. 9 of the allecation permit issued to NWRA requires each public water supply agency purchasing water frc= NWRA to apply to PACER fcr a
" subsidiary alloca icn."
Policy and Guidelines for Review of Applications fer Subsidiary Allocations, as established by PADER, specify ::quirements for obtaining such subsidiary allocations, Inc_,ucing:
1.
A demenstration that water frc= the regicnal project is reasonablv. necessarv. to serve the c. resent and future needs of the retail system; 2.
Submission of an adequate program to enccurage water conservation by residential, ccm=ercial, and industrial cus c=ers:
3.
=plementation cf an adequate, systematic program cf
=cnitoring, repair, and preventative maintenance to detect, cc rect, and, where possible, prevent les.iage in transmission and distributien lines; 4.
Review cf censistency with water supply, wastewater management, enviren= ental and cc=prehensive plans in the area; and 5.
Review of any adverse environmental i= pacts arising frc=
the subsidiary allecation which were not assessed as part of the everall project review and approval.
The Policy and Guidelines establish a clear procedure for submissien anc review or suusiciary a.33ccation requests, inc.,uc..ing ncti: cc-tion of DREC, the Delaware Valley Regional Planning Cc==issien, the respective ccenty planning cc==issien, c:her retail water systems within NWRA's service area, and affected municipalities, with the crec--"-4 v. to cc==ent and consult on the ac.c.licati ns.
D-65-76CP (0) 11 The DRSC prepared an Environmental Assessment, in accordance with the National Environmental Policy Act of 1969 and with the DRSC Rules of Practice and Procedure, Arti'cle IV and as directed by Resolution 80 ~1 to determine whether an Environmental Impact Statement should be prepared for the NEMTP and to review the impacts of its related components described in DRSC's FEIS of 1973 to see if that document needed to be updated.
The assessment concluded that NSWTP would impose few significant adverse impacts on the environment and those few adverse impacts could be largely eliminated by making changes in the project.
The assessment also concluded that subsequent documents support the conclusions of the FEIS on the Point Pleasant Diversion Plan, required by the NEPA of 1969 and issued by DRSC in February 1973, that the project is feasible and provides a beneficial use of water resources in the Neshaminy and Perkic=en Watersheds and is net detri.en-4 to the Delaware Rivec, provided that mitigating measures are implemented as listed in the FEIS under "Cenclusions," page 3.
Consequently, the final assessment recommended a " Finding of No Significant Impact" (Negative Declaratien) on the NSWTP and recommended no supplementary EIS be prepared on the related corpenents.
The water quality of the Delaware River is ccmpatible with that of the North Branch Neshaminy Creek.
Subsequent water quality data has shown that the chierination of the Delaware River water at Point Pleasant as included in the Cc=prehensive Plan is not necessary and in has been deleted frcm the project.
i The full 95 mgd may not be diverted at certain times.
Diversions at Point Pleasant for vater supplied to PECO is limited by the flow in tha Delaware River falling belcw 3000 cfs (1940 mgd) at Trenten.
(See conditions of Docket D-69-210CP - Final.)
A diversion of 95 mgd represents less than 5 percent of the low flow and would represent a drop in the river stage of 6/10 of one inch at the Trenten gage.
The applicant has agreed to cooperate with the U.
S.
Fish and Wildlife Service and the Pennsylvania Fish Commission to I
construct intakes which will cqual or surpass an IPA-approved intake design.
1 The intake conduit from the Delaware River intake structure to the pumping station crosses a portien of a wetland area adjacent to the bank cf the Delawcre River.
The intake valve chamber will be located in this wetland area.
The valve chamber and proposed fill around the chamber will permanently alter less than 1/3 acre of wetland area.
The intake conduit crosses between two wetland areas and construction activity may temporarily disturb a small portion of both wetland areas.
Proper control of construction activity can minimize the impact on the wetland areas.
D-65-76CP (8) 12 The DRSC contracted an expert consultant to independently evaluate the blasting impacts of the proposed project.
The consultant ccncluded that:
...with minor exception, the rock (argillite and diabase) will require blasting in order to install the pumping station and pipelines. -Hcwever, it is our opinion that the blasting can reasonably be controlled in both rock types so as to result in no noticeable damage'to the nearby structures or water wells."
The revised project does not conflict with nor adversely affect the Comprehensive Plan.
DECISION I.
The description of the proposed project in the Cc=prehensive Plan is hereby revised to agree with the project as described above.
II.
The project, as described above, with modifications specilied hereinafter, is approved pursuant te Section 3.8 of the Cc= pact, subject to the following conditions:
A.
All project facilities shall be available at all times for inspection by the DR3C.
B.
All project facilities shall be cperated at all times to ec= ply with all requirements of the DRSC.
C.
The withdrawal of water frem the Delaware River at the Point Pleasant Pu= ping Station for diversion into the East Branch Perkic=en Creek must conform with the schedule and conditions listed in DREC Cocket D-69-210CP.
I D.
The withdrawal frem the Delaware River shall not exceed a maximum of 48.8 mgd for use by NWRA plus a maximum of 46.2 mgd for use by PICO (withdrawal for PECO is further limited by condition "B" above).
E.
The applicant shall make no wastewater discharges 1
from these project facilities into the surface waters of the basin.
F.
Sound practices of excavation, backfill, and reseeding shall be followed to minimize erosion and deposition of sediment in streams.
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D-65-76CP (8) 13 Nothing herein shall be construed to exempt the G.
project sponsor from obtaining all necessary permits and/or approvals from other State, Federal or local government agencies having jurisdiction over this project.
H.
The project sponsor shall pay for surface water use in accordance with the provisions of DRSC Resolution No. 74-6, as amended.
I.
Upon ccmpletion of construction of the approved project, the sponsor shall submit a statement to the DRBC, signed by the spensor's engineer or other responsible agent, advising the Ccmmission that the construction has been completed in ccepliance with the approved plans, giving the final construction cost of the approved pro]ect.
J.
This approval shall expire three years from date below unless prior thereto the sponsor has expended substantial funds (in relation to the cost of the project) in reliance upon this approval.
The project sponsor shall notify the DRSC, in writing, the date that construction of the project is started and the scheduled ccmpletion date within 10 days of that starting date.
K.
The area served by this project is limited to the service area as described above.
Any expansien beyond this area is subject to review in accordance with Section 3.8 of the Cc= pact.
Subsidiary allecations ic any portion of the included service area shall be subject to the provisiens of the PADER approval as listed en page 10 hereinbefore.
L.
The applicant shall cooperate with the U. S. Fish and Wildlife Service and the Pennsylvania Fish Commission to construct intakes which will equal or surpass an EPA-approved intake design criteria.
Final design or the intake facility is subject to the approval of the Executive Director of DREC.
M.
The applicant shall conduct a monitoring study on the operation of the intake facilities and shall take any l
mitigating steps that the study indicates necessary.
N.
Construction excavation and maintenance dredging in the Delaware River must be performed between November and March to reduce the potential for impact on migrati.g juvenile and adult shad.
O.
The applicant shall monitor the fishery resource of Lake Galena and shall manage the rescurce in consultation with l
the Pennsylvania Fish Commission to maintain the best practical l
fishery.
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D-65-76CP (8) 14
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P.
The applicant shall augment flows in North Branch Neshaminy Creek sufficient to maintain a minimum of 5.3 mgd from March 1 to June 15 and a minimum of 2.73 mgd the remainder of the year.
Streamflow wil1 be measured at the Pine Run and North Branch intakes.
Q.
The applicant shall develop a program to =cnitor all water supply facilities including storage and distribution systems for leakage.
The program must be approved by the Executive Director and the monitoring results shall be submitted within six months of the date this project is placed in operation and thereafter as requested by the Commission.
The applicant shall proceed expeditiousiv to ccrrect leakaces identified by the monitoring.
i R.
The applicant shall adopt and implement, to the satisfaction of the Executive Director, a continuous program to encourage water conservatien in all types of use within the area served by this allocation permit.
The applicant will report to the Commission on the actions taken pursuant to this program and the impact of those actions, en or before March 31 of each year.
S.
The applicant shall monitor the ecology of that pcrtien of North Branch Neshaminy Creek from the point of discharge at river rile 115.63 - 40.0 - 11.2 to Lake Galena on a regular basis and shall file a report every two years describing and exclainine. any chances that cccur.
In addition to the regular inspections for scnitoring the ecology, the applicant shall inspect the stream banks for ercsion fc110 wing any significant period of ficod ficws and shall prc=ptly ccrrect such ercsion, stabilize and revegetate expcsed portions of the streambank.
Corrective action taken shall be fully explained in each two-year report en the ecology.
The Executive Director may curtail or suspend the operation of this project if significant ecclegical impacts degrade North Branch Neshaminy Creek as a result of this project.
Operating schedules for pumping shall be designed to eliminate rapid fluctuations of the streamflow.
i Il T.
Final architectural design for all above grcund facilities shall be designed and landscaped to cc=plement the
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surrounding envircn=ent.
U.
Ccnstruction of the Delaware River intake and intake conduit shall be centrolled to minimice the impact on existing wetland areas.
Excavated material shall not be deposited in the wetland areas.
Construction material or equipment shall not be stored in wetland areas.
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D-65-76c? (9) 15 V.
The a plicant shall provide adequate detours e
during construction affecting local roads.
River Road (PA.
Route 32) shell be kept open at all times.-
A temporary road shall be installed when necessary to insure compliance with this require-
=ent.
Construction of the project shall be carried cut in a manner that will not prevent or impede the access and operation of emergency vehicles.
In particular, access to and frc= the buildings serving emergency vehicles in the Chalfont area shall be maintained at all times.
W.
The applicant shall retain an. archaeologist for the period of excavation, constructicn and reconstruction for the intake, pu= ping facilities and transmissicn lines.
The archae-ologist shall follow the scope of work listed in Appendix No. C of the applicant's Enviren= ental Report en this project dated February 1979.
All records prepared by archaeologist shall be available to the DREC upon request.
X.
The blasting shall be perfor=ed utilicing the controlled blasting techniques in close conformit"2 with the guidelines provided in the Appendix of " Report en Evaluation of Rock Excavation and != pact of Blasting for the Proposed Point Pleasant Pumping Facilities, Point Pleasant, Pennsylvania" dated 20 May 1950, for DREC by Converse Ward Davis Dixon, Inc.
1.
All blasting cperaticns shall be =cnitored with the aid cf seis=cgraphs to check the limiting vibration criteria fcr grcund and air vibraticns.
The vibraticn readings shall be taken with the aid of cne er more seis=cgraphs as required cn the nearest s:ructure.
2.
A pre-blast survev shall be conducted of all structures within 1000 feet of the blasting area to satisfy the regulations cf the Pennsylvania Explosives and Blasting Laws.
3.
Water systems and wells shall be surveyed prior Oc blasting as to their ccnditions and the quality and quantity of water te satisfy the regulations of the Pennsylvania Explosives and Blasting Laws.
The specific capacity of all wells shall be determined pric: to blasting.
4.
Prior to construction, test blasts shall be
=cnitored to determine the prcpagation characteristics of rcck
= ass, and grcund vibratica prcduced at the nearest residential structure.
This will help design blast charges fer the project.
J
D-65-76CP (8) 16 Y.
The Executive Director of the DR3C shall act as Stream Master and has authority to regulate the operation of this project.
NWRA is responsible for all costs incurred by DRBC in fulfilling this cbligation as Stream Master.
NWRA shall arrange for the folicwing quantities to be recorded, in a manner acceptable to the Executive Director, in the office of the DR3C in the acraing of each working day during perieds of declared drought warning or drought emergency or whenever directed by the Executive Director.
1.
The recorded daily average streamflew for the previous day in Pine Run and North 3 ranch Neshaminy Creek immediately downstream of the Water Treatment Plant intakes.
2.
The recorded daily average streamficw for the previous day of the Delaware River at Trenton.
3.
Quantity of water transferred to the North Branch Neshariny Creek en the previous day.
4.
Estimated quantity of water to be transferred to North 3 ranch Neshaminy Creek en that day.
In addition, the applicant shall submit reports centhlv, indicating all cf the abcve quantities, the quantities withdrawn by the NEWTP, and the quantities released from Lake Galena.
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Z.
Fcr the duratien of the drought emergency declared by the C:: ission en January 15, 1981, er any subsequent drought emergency, wa:er service er use by the project sponsor pursuan to this appreval shall be subject to the prchibirien of these nonessential water uses specified in C0c=issicn Resolutien No.
81-5 to the extent that they may be applicable, and to any c:her emergency resolutions er orders adopted hereafter.
Co,v.r e -.Cs.<-
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..-a DATED:
February 18, 1981 i
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Forecast Supplemental Water Needs Neshaminy Water Supply System and Philadelphia Electric Company _
Average Daily, MGD Maximum Daily, MGD Service Area or Agency 19111 1990 2000 2010 1981 1990 2000 2010 Central Bucks County 2.7 4.9 5.9 7.3 2.7 7.3 8.9 10.9 Central Montgomery County 7.3 10.5 15.7 18.8 7.3 15.8 23.5 28.2 l
Minimum Flow Releases (l) 3.5 3.5 3.5 3.5 5.3 5.3 5.3 5.3 Water Supply Needs 13.5 10.9 25.1 29.6 15.3 28.4 37.7 44.4 Water Supply Withdrawal (2) 14.9 20.8 27.6 32.6 16.0 31.2 41.5 48.8 38.5I3)30.5I3)38.5(3)38.5(3) 46.2 46.2 46.2 46.~ 2 Philadelphia Elect ric Co. (2)
Total Water Requirements 53.4 59.1 66.1 71.1 63.0 77.4 87.7 95.0 (1) Minimum release of 5.3 MGD shall be maintained from 3/1 to 6/15 and 2.73 MGD shall be maintained during the remainder of the year (Neshaminy Creek).
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Average daily release for the year is 3.5 MGD.
(2) Includes 10% for water losses in transit.
j (3) Average during the pumping season (6.5 MGD average during the non-ptunping season).
.