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Actions Taken at March 15, 2012, Meeting

---
identifier: "/us/fr/2012-7528"
source: "fr"
legal_status: "authoritative_unofficial"
title: "Actions Taken at March 15, 2012, Meeting"
title_number: 0
title_name: "Federal Register"
section_number: "2012-7528"
section_name: "Actions Taken at March 15, 2012, Meeting"
positive_law: false
currency: "2012-03-29"
last_updated: "2012-03-29"
format_version: "1.1.0"
generator: "[email protected]"
agency: "Susquehanna River Basin Commission"
document_number: "2012-7528"
document_type: "notice"
publication_date: "2012-03-29"
agencies:
  - "Susquehanna River Basin Commission"
fr_citation: "77 FR 19052"
fr_volume: 77
fr_action: "Notice."
---

#  Actions Taken at March 15, 2012, Meeting

**AGENCY:**

Susquehanna River Basin Commission.

**ACTION:**

Notice.

**SUMMARY:**

As part of its regular business meeting held on March 15, 2012, in Harrisburg, Pennsylvania, the Commission took the following actions: (1) Reconsidered certain actions taken at its December 15, 2011, public hearing; (2) upon reconsideration, approved or denied the applications of certain water resources projects, originally considered at the December 15, 2011, public hearing; (3) rescinded approval for one additional water resources project; (4) approved, tabled or denied the applications of certain additional water resources projects; and (5) took additional actions as set forth in the Supplementary Information below.

**DATES:**

March 15, 2012.

**ADDRESSES:**

Susquehanna River Basin Commission, 1721 N. Front Street, Harrisburg, PA 17102-2391.

**FOR FURTHER INFORMATION CONTACT:**

Richard A. Cairo, General Counsel, telephone: (717) 238-0423, ext. 306; fax: (717) 238-2436; email: *[email protected].* Regular mail inquiries may be sent to the above address. See also Commission Web site at *www.srbc.net.*

**SUPPLEMENTARY INFORMATION:**

In addition to its related actions on projects identified in the summary above and the listings below, the following items were also presented or acted on at the business meeting: (1) Adoption of a resolution encouraging the use of lesser quality waters; (2) approval for expenditures for the Susquehanna River Flow Management Project; (3) adoption of an investment policy statement and amendments of the By-Laws; (4) approval of a partial waiver of the fee for transfer of approvals to SWEPI, LP; (5) adoption of the revised operating budget and a capital budget for FY-2013; (6) approval for staff to release a draft Low Flow Protection Policy for public review and comment; (7) ratification of a settlement agreement with C&N Dining; and (8) ratification of grants/contracts. The Commission also took the following specific actions:

**Project Applications Originally Considered at the December 15, 2011, Public Hearing, Approved**

Upon reconsideration, the Commission approved the following project applications originally acted upon at the December 15, 2011, public hearing:

1. *Project Sponsor:* Bioenergy International, LLC. Project Facility: Bionol Clearfield, LLC, Clearfield Borough, Clearfield County, Pa. Modification to conditions of the surface water withdrawal approval (Docket No. 20070904).

2. *Project Sponsor:* Borough of Ephrata. Project Facility: Ephrata Area Joint Authority, Ephrata Borough, Lancaster County, Pa. Modification to conditions of the groundwater withdrawal approval (Docket No. 20110902).

3. *Project Sponsor and Facility:* Carrizo (Marcellus), LLC (Mosquito Creek-2), Karthaus Township, Clearfield County, Pa. Surface water withdrawal of up to 2.160 mgd.

4. *Project Sponsor and Facility:* Central New York Oil and Gas Company, LLC (Susquehanna River), Wilmot Township, Bradford County, Pa. Surface water withdrawal of up to 0.540 mgd.

5. *Project Sponsor and Facility:* Central New York Oil and Gas Company, LLC, Wilmot Township, Bradford County, Pa. Consumptive water use of up to 0.105 mgd.

6. *Project Sponsor and Facility:* Chesapeake Appalachia, LLC (Susquehanna River—Babcock), Ulster Township, Bradford County, Pa. Surface water withdrawal of up to 3.000 mgd.

7. *Project Sponsor and Facility:* Chesapeake Appalachia, LLC (Susquehanna River—Elmglade), Wilmot Township, Bradford County, Pa. Surface water withdrawal of up to 2.016 mgd.

8. *Project Sponsor and Facility:* Chesapeake Appalachia, LLC (Towanda Creek—Sechrist), Canton Township, Bradford County, Pa. Surface water withdrawal of up to 0.504 mgd.

9. *Project Sponsor:* Clark Trucking, LLC. Project Facility: Northeast Division (Lycoming Creek), Lewis Township, Lycoming County, Pa. Surface water withdrawal of up to 0.500 mgd.

10. *Project Sponsor:* Clark Trucking, LLC. Project Facility: Northeast Division (Muncy Creek), Muncy Creek Township, Lycoming County, Pa. Surface water withdrawal of up to 0.700 mgd.

11. *Project Sponsor and Facility:* Dunn Lake LLC (Dunn Pond), Ararat Township, Susquehanna County, Pa. Surface water withdrawal of up to 0.999 mgd.

12. *Project Sponsor and Facility:* EXCO Resources (PA), LLC (Muncy Creek—McClintock), Penn Township, Lycoming County, Pa. Surface water withdrawal of up to 1.500 mgd.

13. *Project Sponsor:* Glenn O. Hawbaker, Inc. Project Facility: Greens Landing Aggregate Plant, Athens Township, Bradford County, Pa. Surface water withdrawal of up to 0.249 mgd.

14. *Project Sponsor:* Glenn O. Hawbaker, Inc. Project Facility: Greens Landing Aggregate Plant, Athens Township, Bradford County, Pa. Consumptive water use of up to 0.249 mgd.

15. *Project Sponsor:* Hazleton Creek Properties, LLC. Project Facility: Hazleton Mine Reclamation, Hazleton City, Luzerne County, Pa. Modification to increase groundwater withdrawal by an additional 0.145 mgd, for a total of 0.200 mgd (30-day average) (Docket No. 20110307).

16. *Project Sponsor and Facility:* Keystone Clearwater Solutions, LLC (Babb Creek), Morris Township, Tioga County, Pa. Surface water withdrawal of up to 0.950 mgd.

17. *Project Sponsor and Facility:* Sugar Hollow Trout Park and Hatchery, Eaton Township, Wyoming County, Pa. Modification to project features and conditions of the groundwater withdrawal approval (Docket No. 20100913).

18. *Project Sponsor and Facility:* Sugar Hollow Water Services, LLC  (Susquehanna River—Chellis), Eaton Township, Wyoming County, Pa. Surface water withdrawal of up to 1.500 mgd.

19. *Project Sponsor:* The Municipal Authority of the Borough of Berlin. Project Facility: Berlin Borough Municipal Authority, Allegheny Township, Somerset County, Pa. Modification to conditions of the groundwater withdrawal approval (Docket No. 19980702).

20. *Project Sponsor and Facility:* Walker Township Water Association, Walker Township, Centre County, Pa. Modification to increase the total groundwater system withdrawal limit from 0.523 mgd to 0.753 mgd (30-day average) (Docket No. 20070905).

21. *Project Sponsor and Facility:* Williams Production Appalachia, LLC (Middle Branch Wyalusing Creek), Forest Lake Township, Susquehanna County, Pa. Surface water withdrawal of up to 0.750 mgd.

22. *Project Sponsor and Facility:* Williams Production Appalachia, LLC (Snake Creek-2), Franklin Township, Susquehanna County, Pa. Surface water withdrawal of up to 0.999 mgd.

23. *Project Sponsor and Facility:* Williams Production Appalachia, LLC (Susquehanna River), Great Bend Township, Susquehanna County, Pa. Commission-initiated modification to project features and conditions of the surface water withdrawal approval (Docket No. 20090303), making a correction and reducing the approved surface water withdrawal amount from 3.00 mgd to 1.00 mgd.

24. *Project Sponsor and Facility:* Williams Production Appalachia, LLC (Susquehanna River-2), Great Bend Township, Susquehanna County, Pa. Surface water withdrawal of up to 2.000 mgd.

**Project Application Originally Considered at the December 15, 2011, Public Hearing, Denied**

Upon reconsideration, the Commission denied the following project application originally acted upon at the December 15, 2011, public hearing:

1. *Project Sponsor:* Anadarko E&P Company LP. Project Facility: Sproul State Forest—Council Run, Snow Shoe Township, Centre County, Pa. Application for groundwater withdrawal of up to 0.715 mgd (30-day average) from Well PW-11.

**Rescission of Project Approval**

The Commission rescinded approval for the following project:

1. *Project Sponsor and Facility:* Texas Eastern Transmission LP (Susquehanna River) (Docket No. 20110314), East Donegal Township, Lancaster County, Pa.

**Project Applications Approved**

The Commission approved the following project applications:

1. *Project Sponsor and Facility:* Anadarko E&P Company LP (Lycoming Creek), Lewis Township, Lycoming County, Pa. Surface water withdrawal of up to 1.340 mgd (peak day).

2. *Project Sponsor and Facility:* Aqua Infrastructure, LLC (West Branch Susquehanna River), Piatt Township, Lycoming County, Pa. Surface water withdrawal of up to 3.000 mgd (peak day).

3. *Project Sponsor and Facility:* Black Bear Waters, LLC (Lycoming Creek), Lewis Township, Lycoming County, Pa. Surface water withdrawal of up to 0.400 mgd (peak day).

4. *Project Sponsor and Facility:* Blossburg Municipal Authority, Bloss Township, Tioga County, Pa. Groundwater withdrawal of up to 0.396 mgd (30-day average) from Route 15 Well.

5. *Project Sponsor and Facility:* Buck Ridge Stone, LLC (Salt Lick Creek), New Milford Township, Susquehanna County, Pa. Modification to increase surface water withdrawal by an additional 0.637 mgd, for a total of 0.720 mgd (peak day) (Docket No. 20100905).

6. *Project Sponsor and Facility:* Cabot Oil & Gas Corporation (Susquehanna River), Susquehanna Depot Borough, Susquehanna County, Pa. Modification to increase surface water withdrawal by an additional 0.780 mgd, for a total of 1.500 mgd (peak day) (Docket No. 20080908).

7. *Project Sponsor and Facility:* Cabot Oil & Gas Corporation (Susquehanna River), Great Bend Township, Susquehanna County, Pa. Modification to increase surface water withdrawal by an additional 1.280 mgd, for a total of 2.000 mgd (peak day) (Docket No. 20080905).

8. *Project Sponsor and Facility:* Carrizo (Marcellus), LLC (Middle Branch Wyalusing Creek), Forest Lake Township, Susquehanna County, Pa. Modification to conditions of the surface water withdrawal approval (Docket No. 20110604).

9. *Project Sponsor and Facility:* Carrizo (Marcellus), LLC (Moshannon Creek), Decatur Township, Clearfield County, Pa. Surface water withdrawal of up to 2.590 mgd (peak day).

10. *Project Sponsor and Facility:* Carrizo (Marcellus), LLC (Unnamed Tributary of Middle Branch Wyalusing Creek), Forest Lake Township, Susquehanna County, Pa. Modification to conditions of the surface water withdrawal approval (Docket No. 20110605).

11. *Project Sponsor and Facility:* EQT Production Company (Bennett Branch Power), Jay Township, Elk County, Pa. Surface water withdrawal of up to 2.500 mgd (peak day).

12. *Project Sponsor and Facility:* EQT Production Company (Wilson Creek), Duncan Township, Tioga County, Pa. Surface water withdrawal of up to 0.740 mgd (peak day).

13. *Project Sponsor:* IBM Corporation. Project Facility: Endicott Facility, Village of Endicott, Broome County, N.Y. Modification to increase total groundwater system withdrawal by an additional 0.499 mgd, for a total of 1.509 mgd (30-day average) (Docket No. 20090329).

14. *Project Sponsor and Facility:* Keystone Landfill, Inc., Dunmore Borough, Lackawanna County, Pa. Modification to increase groundwater withdrawal by an additional 0.150 mgd, for a total of 0.160 mgd (30-day average) (Docket No. 20080611).

15. *Project Sponsor and Facility:* Keystone Landfill, Inc., Dunmore Borough, Lackawanna County, Pa. Modification to increase consumptive water use by an additional 0.260 mgd, for a total of up to 0.360 mgd (30-day average) (Docket No. 20080611).

16. *Project Sponsor:* Pine Creek Municipal Authority. Project Facility: Wastewater Treatment Plant, Pine Creek Township, Clinton County, Pa. Withdrawal of treated wastewater effluent of up to 0.999 mgd.

17. *Project Sponsor and Facility:* Roaring Spring Water-Division of Roaring Spring Blank Book (Roaring Spring), Roaring Spring Borough, Blair County, Pa. Surface water withdrawal of up to 0.302 mgd (peak day).

18. *Project Sponsor and Facility:* Roaring Spring Water-Division of Roaring Spring Blank Book, Roaring Spring Borough, Blair County, Pa. Consumptive water use of up to 0.255 mgd (30-day average).

19. *Project Sponsor and Facility:* Southwestern Energy Production Company (Blockhouse Creek), Jackson Township, Lycoming County, Pa. Surface water withdrawal of up to 0.999 mgd (peak day).

20. *Project Sponsor and Facility:* Southwestern Energy Production Company (Susquehanna River), Oakland Township, Susquehanna County, Pa. Surface water withdrawal of up to 3.000 mgd (peak day).

21. *Project Sponsor and Facility:* Southwestern Energy Production Company (Tunkhannock Creek), Lenox Township, Susquehanna County, Pa.  Surface water withdrawal of up to 1.500 mgd (peak day).

22. *Project Sponsor and Facility:* SWEPI LP (Cowanesque River—Egleston), Nelson Township, Tioga County, Pa. Modification to increase surface water withdrawal by an additional 0.267 mgd, for a total of 0.534 mgd (peak day) (Docket No. 20100604).

**Project Applications Tabled**

The following project applications were tabled by the Commission:

1. *Project Sponsor and Facility:* Aqua Resources, Inc. (Susquehanna River), Athens Township, Bradford County, Pa. Application for surface water withdrawal of up to 0.900 mgd (peak day).

2. *Project Sponsor and Facility:* Empire Kosher Poultry, Inc., Walker Township, Juniata County, Pa. Modification to increase total groundwater system withdrawal by an additional 0.499 mgd, for a total of 1.269 mgd (30-day average) (Docket No. 20030809).

3. *Project Sponsor and Facility:* Jo Jo Oil Company, Inc. (Tunkhannock Creek), Tunkhannock Township, Wyoming County, Pa. Application for surface water withdrawal of up to 0.999 mgd (peak day).

4. *Project Sponsor and Facility:* Northwestern Lancaster County Authority, Penn Township, Lancaster County, Pa. Application for groundwater withdrawal of up to 0.324 mgd (30-day average) from Well 2.

5. *Project Sponsor and Facility:* Northwestern Lancaster County Authority, Penn Township, Lancaster County, Pa. Application for groundwater withdrawal of up to 1.000 mgd (30-day average) from Well 3.

6. *Project Sponsor and Facility:* Southwestern Energy Production Company (East Branch Tunkhannock Creek), Lenox Township, Susquehanna County, Pa. Application for surface water withdrawal of up to 1.500 mgd (peak day).

7. *Project Sponsor:* Viking Energy of Northumberland, LLC. Project Facility: Power Plant, Point Township, Northumberland County, Pa. Application for consumptive water use of up to 0.387 mgd (30-day average).

8. *Project Sponsor:* Viking Energy of Northumberland, LLC. Project Facility: Power Plant, Point Township, Northumberland County, Pa. Application for groundwater withdrawal of up to 0.172 mgd from Well 1, and a total system withdrawal limit of up to 0.391 mgd (30-day average).

9. *Project Sponsor:* Viking Energy of Northumberland, LLC. Project Facility: Power Plant, Point Township, Northumberland County, Pa. Application for groundwater withdrawal of up to 0.172 mgd from Well 2, and a total system withdrawal limit of up to 0.391 mgd (30-day average).

10. *Project Sponsor:* Viking Energy of Northumberland, LLC. Project Facility: Power Plant, Point Township, Northumberland County, Pa. Application for groundwater withdrawal of up to 0.172 mgd from Well 4, and a total system withdrawal limit of up to 0.391 mgd (30-day average).

**Project Applications Denied**

The following project applications were denied by the Commission:

1. *Project Sponsor and Facility:* Stanley S. Karp Sr. (Tunkhannock Creek), Nicholson Township, Wyoming County, Pa. Application for surface water withdrawal of up to 0.510 mgd (peak day).

2. *Project Sponsor and Facility:* Water Treatment Solutions, LLC (South Mountain Lake), Woodward Township, Lycoming County, Pa. Application for surface water withdrawal of up to 0.499 mgd (peak day).

**Authority:**

Pub. L. 91-575, 84 Stat. 1509 *et seq.* , 18 CFR parts 806, 807, and 808.

Dated: March 23, 2012.

Thomas W. Beauduy,

Deputy Executive Director.