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PA Bulletin, Doc. No. 99-1175

RULES AND REGULATIONS

Title 25--ENVIRONMENTAL PROTECTION

PART V.  DELAWARE RIVER BASIN COMMISSION

[25 PA. CODE CH. 901]

Amendments to the Delaware River Basin Commission's Ground Water Protected Area Regulations for Southeastern Pennsylvania

[29 Pa.B. 3839]

   At its June 23, 1999, business meeting, the Delaware River Basin Commission (Commission) amended its Ground Water Protected Area Regulations for Southeastern Pennsylvania by the establishment of numerical withdrawal limits for 62 subbasins which are entirely or partially within the Protected Area.

Effective Date

   The effective date is June 23, 1999.

Address

   Copies of the Commission's Ground Water Protected Area Regulations for Southeastern Pennsylvania are available from the Delaware River Basin Commission, P. O. Box 7360, West Trenton, New Jersey 08628.

For Further Information Contact

   Susan M. Weisman, Commission Secretary, Delaware River Basin Commission, (609) 883-9500 ext. 203.

Supplementary Information

   On March 9, 1999, the Commission held public hearings on proposed amendments to its Ground Water Protected Area Regulations for Southeastern Pennsylvania as noticed in the Pennsylvania Bulletin issues of February 6, 1999, and March 6, 1999. The Commission has considered the extensive testimony and comments from interested parties and has prepared a ''Response Document on Proposed Amendments to the Ground Water Protected Area Regulations for Southeastern Pennsylvania: May 1999'' which is available upon request to Susan Weisman at the number provided above.

   The Commission's Ground Water Protected Area Regulations for Southeastern Pennsylvania are hereby amended as follows in the following Resolution.

   A Resolution to amend the Ground Water Protected Area Regulations for Southeastern Pennsylvania by the establishment of numerical withdrawal limits for 62 subbasins which are entirely or partially within the Protected Area.

   Whereas, the Ground Water Protected Area (GWPA) Regulations for Southeastern Pennsylvania were adopted in 1980 to prevent the depletion of ground water, protect the interests and rights of existing water users, and balance and reconcile alternative and conflicting uses of the limited water resources in the area; and

   Whereas, while the GWPA Regulations have successfully addressed most ground water problems, certain provisions, particularly those pertaining to the protection of low streamflows, have been difficult to administer on a project-by-project basis; and

   Whereas, the United States Geological Survey (U.S.G.S.) conducted a water-use analysis for the Neshaminy Creek Basin and the Commission's Ground Water Advisory Committee developed proposed amendments to the GWPA Regulations to establish numerical ground water withdrawal limits on a subbasin level based upon baseflow frequency analyses prepared as part of the U.S.G.S. study; and

   Whereas, on January 28, 1998, the Commission adopted amendments to its GWPA Regulations which established a two-tiered system of withdrawal limits for the 14 subbasins in the Neshaminy Creek Basin in the Protected Area; and

   Whereas, the U.S.G.S. prepared a similar study which investigated the withdrawal limits for the remaining subbasins in the Protected Area and formed the basis of proposed amendments to the GWPA Regulations; and

   Whereas, the Commission held public hearings on March 9, 1999, in Conshohocken, Pennsylvania, to receive testimony and comments on the proposed amendments; and

   Whereas, a total of 33 comments were received on the proposed amendments; and

   Whereas, the Commission has considered the testimony and comments from interested parties; now therefore

   Be It Resolved by the Delaware River Basin Commission:

   1.  The Ground Water Protected Area Regulations for Southeastern Pennsylvania are hereby amended as follows:

   Subsection 6.I.3. is hereby revised to read as follows:

   3.  The potentially stressed levels and withdrawal limits for all delineated basins and subbasins are set forth below:

Neshaminy Creek Basin
PotentiallyWithdrawal
StressedLimit
Subbasin(mgy)*(mgy)
West Branch Neshaminy Creek Basin 1,054 1,405
Pine Run Basin   596   795
North Branch Neshaminy Creek   853 1,131
Doylestown Subbasin Neshaminy Creek   710   946
Warwick Subbasin Neshaminy Creek   889 1,185
Warrington Subbasin Little Neshaminy Creek   505   673
Park Creek Basin   582   776
Warminster Subbasin Little Neshaminy Creek 1,016 1,355
Mill Creek Basin 1,174 1,565
Northampton Subbasin Neshaminy Creek   596   794
Newtown Creek   298   397
Core Creek Basin  494   658
Ironworks Creek Basin   326   434
Lower Section Subbasin Neshaminy Creek 3,026 4,034

______
   *mgy means million gallons per year

Schuylkill River Basin
PotentiallyWithdrawal
StressedLimit
Subbasin(mgy)(mgy)
Hay Creek   974 1,299
Lower Reach Manatawny-Ironstone Creek 1,811 2,414
Pigeon Creek   611   815
Schuylkill-Crow Creek 1,157 1,543
Schuylkill-Mingo Creek   671   895
Schuylkill-Plymouth-Mill Creeks 4,446 5,929
Schuylkill-Sixpenny Creek 1,490 1,987
Schuylkill-Sprogels Run 1,091 1,455
Schuylkill-Stony Creek   687   916
Schuylkill-Trout Creek 1,082 1,443
Stony Creek 1,242 1,655
Valley Creek 1,865 2,486
French and Pickering Creek Subbasins
PotentiallyWithdrawal
StressedLimit
Subbasin(mgy)(mgy)
Lower Reach French Creek   634   845
Lower Reach Pickering Creek 1,716 2,288
Middle Reach French Creek 1,608 2,145
South Branch French Creek 1,044 1,393
Upper Reach French Creek 1,295 1,726
Upper Reach Pickering Creek 1,358 1,811
Perkiomen and Skippack Creek Subbasins
PotentiallyWithdrawal
StressedLimit
Subbasin(mgy)(mgy)
East Branch Perkiomen-Indian Creeks   633   844
East Branch Perkiomen-Mill Creeks   720   961
East Branch Perkiomen-Morris Run 1,214 1,619
Hosensack-Indian Creeks 1,257 1,676
Lower Reach Skippack Creek 1,069 1,426
Perkiomen-Deep Creeks 1,047 1,396
Perkiomen-Lodal Creeks 1,200 1,600
Perkiomen-Macoby Creek 1,252 1,669
Swamp-Middle Creeks 1,423 1,898
Swamp-Minister Creeks   547   730
Swamp-Scioto Creeks   746   994
Towamencin Creek   466   622
Unami-Licking Creeks   992 1,322
Unami-Ridge Valley Creeks 1,068 1,424
Upper Reach Perkiomen Creek 1,223 1,631
Upper Reach Skippack Creek   813 1,084
West Branch Perkiomen Creek 1,566 2,088
Delaware River Basin
PotentiallyWithdrawal
StressedLimit
Subbasin(mgy)(mgy)
Jericho Creek   421   562
Mill Creek 1,600 2,134
Paunnacussing Creek   513   684
Pidcock Creek   563   751
Upper Reach Cobbs Creek   871 1,161
Upper Reach Crum Creek 1,290 1,721
Upper Reach Darby Creek 1,625 2,167
Upper Reach East Branch Chester Creek 1,865 2,487
Upper Reach Frankford Creek 1,414 1,886
Upper Reach Poquessing Creek 1,008 1,344
Upper Reach Ridley Creek 1,707 2,275
Tohickon Subbasin
PotentiallyWithdrawal
StressedLimit
Subbasin(mgy)(mgy)
Tohickon-Beaver-Morgan Creeks 1,156 1,541
Tohickon-Deep Run   956 1,274
Tohickon-Geddes-Cabin Runs   602   803
Tohickon-Lake Nockamixon   556   741
Tohickon-Three Mile Run   726   968
Pennypack and Wissahickon Subbasins
PotentiallyWithdrawal
StressedLimit
Subbasin(mgy)(mgy)
Lower Reach Wissahickon Creek 2,750 3,666
Upper Reach Wissahickon Creek 1,302 1,736
Middle Reach Pennypack Creek 1,295 1,727
Upper Reach Pennypack Creek 1,358 1,811
Brandywine Creek Subbasin
PotentiallyWithdrawal
StressedLimit
Subbasin(mgy)(mgy)
East Branch Brandywine-Taylor Run 1,054 1,405
Middle Reach Brandywine Creek   823 1,098
Upper Reach Brandywine Creek 1,614 2,153
West Branch Brandywine-Beaver Run 2,110 2,813
West Branch Brandywine-Broad Run 2,380 3,173
West Valley Creek 1,673 2,231
Lehigh Subbasin
PotentiallyWithdrawal
StressedLimit
Subbasin(mgy)(mgy)
Upper Reach Saucon Creek 946 1,262

   Subject to public notice and hearing, this section may be updated or revised based upon new and evolving information on hydrology and streamflow and ground water monitoring or in accordance with 2.

   2.  This resolution shall become effective immediately.

SUSAN M. WEISMAN,   
Secretary

   Fiscal Note:  Fiscal Note 68-39 remains valid for the final adoption of the subject regulations.

Annex A

TITLE 25.  ENVIRONMENTAL PROTECTION

PART V.  DELAWARE RIVER BASIN COMMISSION

CHAPTER 901.  GENERAL PROVISIONS

§ 901.5.  Groundwater protection area, Southeastern Pennsylvania.

   The Basin Regulations, Groundwater Protection, Southeastern Pennsylvania, as set forth at 18 CFR Part 430 (1999), are hereby incorporated by reference and made part of this title.

[Pa.B. Doc. No. 99-1175. Filed for public inspection July 23, 1999, 9:00 a.m.]



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