Susquehanna River Basin Commission

Chesapeake Lodge Hotel & Conference Center

at Sandy Cove Ministries
September 10, 2009 – 8:30 a.m.
 Definitions and Abbreviations
Withdrawal is the removal of water from a source for use, described as a daily quantity in million
gallons per day (mgd) or as a maximum instantaneous rate in gallons per minute (gpm).

Streamflow is the volume of water moving through a natural channel that passes a given point in a given
period of time, commonly in units of cubic feet per second (cfs) or gpm.

HUC—Hydrologic Unit Code is a unique numeric identifier representing a specific surface drainage
area, used for management purposes.

DA—Drainage area, in square miles (mi2), is the area of surface drainage upstream from the site of
interest that is often delineated on a topographic map.

ADF—Average daily flow is the arithmetic average of the daily streamflow measurement over the entire
period of record.

Q7-10 Flow—The lowest average, consecutive 7-day flow that would occur with a recurrence interval of
1 in 10 years. A 10-year flow event has a 10 percent chance of occurring in any 1 year.

Passby Flow—A prescribed flow intended to protect aquatic resources and other users that may not be
diminished by the withdrawal. The Susquehanna River Basin Commission’s (SRBC’s) policy
stipulates that a required passby flow will never be less than the Q7-10 flow.

AMD—Abandoned mine drainage.

Stream Classifications—New York (NY) and Pennsylvania (PA) classify surface waters by resource
quality, stream use, and habitat. Classifications for streams are listed below:

Class C (NY) refers to fresh surface waters that are protected as fisheries, for fish survival and
reproduction. The water quality also should be suitable for primary and secondary contact
recreation, such as swimming and boating.

T—Trout Waters (NY) is a subcategory for streams where trout survival also is a protected use.

CWF—Cold Water Fishes (PA) refers to a stream where the fish population consists of trout and
other fish species, such as blacknose dace, sculpins, and some darters, that need cold water to
survive and reproduce.

WWF—Warm Water Fishes (PA) refers to a stream where the fish population consists of bass,
catfish, and other fish species such as carp and bluegills, which generally live in warm water
habitats.

TSF—Trout Stocking (PA) refers to a stream that contains a stocked trout fishery from February 15
to July 31. The fish population also consists of warm water fishes, as described above.

EV—Exceptional Value (PA) waters are considered an outstanding state resource for one or more
reasons, such as: (1) a location in a national or state refuge or protected area; (2) an exceptional
recreational significance; (3) an exceptional biological community or very high water quality; or
(4) designation as a wilderness trout stream by the Pennsylvania Fish and Boat Commission.
Withdrawals may not cause greater than a 5 percent loss of habitat.

HQ—High-Quality (PA) waters refer to streams where the biological or water quality consistently
exceeds standards set by the Pennsylvania Department of Environmental Protection or that have
been designated as a Class A wild trout stream by the Pennsylvania Fish and Boat Commission.
Water withdrawals may not cause greater than a 5 percent loss of habitat.

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 Project Review Application Requirements and
Standard Docket Conditions

Notification Requirements—Project sponsors are required to notify the municipality where the
project is located, the county planning agency, contiguous property owners, and publish a legal
notice in a local newspaper about their project. SRBC values input from the public and
considers all comments received during its technical review.

Coordination—SRBC conducts an independent review of project applications and coordinates its

actions on projects with agencies of the signatory parties. Where the signatory agency or any
political subdivision of the signatory agency (i.e., local government) having jurisdiction over
the project denies or otherwise disapproves the project, SRBC will suspend its review for up to
three years (pending final resolution) or terminate its review.

Aquifer Test—Project sponsors requesting approval of a groundwater withdrawal are required to

conduct a constant-rate aquifer test (commonly 72 hours in duration) and to submit the results
with their application. The aquifer test is used to evaluate impacts on the aquifer, on other
nearby existing users (including domestic wells), and surface water resources (streams and
wetlands). Prior approval of the testing procedures is required.

Metering—Projects approved by SRBC are required to meter withdrawals and consumptive uses.

Monitoring and Reporting—Projects approved by SRBC are required to monitor their withdrawal
and consumptive use amounts and routinely report these data (quarterly) to SRBC for the
duration of the approval.

Periodic Inspection—SRBC reserves the right to inspect or investigate the project facility, and the
project sponsor shall allow authorized employees or agents of SRBC, without advance notice
or a search warrant, at any reasonable time and upon presentation of appropriate credentials,
and without delay, to have access to and to inspect all areas where the project is being
constructed, operated, or maintained. Such employees or agents shall be authorized to conduct
tests or sampling; to take photographs; to perform measurements, surveys, and other tests; to
inspect the methods of construction, operation, or maintenance; to inspect all measurement
equipment; to audit, examine, and copy books papers, and records pertinent to any matter under
investigation; and to take any other action necessary to assure that the project is constructed,
operated, or maintained in accordance with the terms and conditions of this approval or any
other rule, regulation, or order of SRBC.

Mitigation—If SRBC determines that the operation of the project’s groundwater withdrawal
adversely affects any existing groundwater or surface water withdrawal, the project sponsor is
required to provide, at its expense, an alternate water supply or other mitigating measures.

Water Conservation—Projects approved by SRBC are subject to its water conservation regulations
that require use of applicable water conservation devices, recirculation and reuse strategies,
properly designed irrigation systems, and metering for sources and customers.

Docket Reopener—SRBC reserves the right, based on new findings, to reopen any project docket
and make additional orders to mitigate or avoid adverse impacts or to otherwise protect the
public health, safety, welfare, or the environment.

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 Regulating Water Withdrawals and Consumptive Uses
The Susquehanna River Basin Commission (SRBC) is a federal-interstate compact commission
established by the federal government and the states of New York, Pennsylvania and Maryland. SRBC is
responsible for guiding the construction, development, and administration of the projects affecting water
resources of the basin and coordinating the water resource management activities of the three states and
federal agencies. The Susquehanna River Basin covers a 27,510-square-mile area that drains into the
Chesapeake Bay.

What does SRBC regulate?

SRBC regulates ground and surface water withdrawals, consumptive water uses, and diversions under
SRBC Regulation 18 CFR §806.4. The main purposes of SRBC’s regulations are to avoid conflicts
among water users; protect public health, safety and welfare; control stream quality; consider economic
development factors; protect fisheries and aquatic habitat; promote recreation; dilute and abate pollution;
regulate flows and supplies of surface and groundwaters; and protect the Chesapeake Bay.

When do project sponsors have to apply to SRBC for water withdrawals, consumptive uses, and
diversions?

Applicants (or project sponsors) whose projects exceed the regulatory thresholds (SRBC Regulation
18 CFR §806.4) are required to submit application(s) for review and approval by SRBC prior to the time
the project is undertaken.

What does SRBC assess during its review?

During technical review, SRBC’s staff evaluates the potential impact (including cumulative impacts) of
the proposed withdrawal or use on public interests and reflects SRBC’s concern for both protection and
utilization of water resources within the basin.

SRBC’s Project Review staff—made up of professional engineers and geologists, and others—reviews
the information submitted by the project sponsor and considers written comments submitted by
government agencies and the general public. It also conducts a site investigation. Factors that may be
relevant to the proposal are general environmental concerns, wetlands, flood hazards, floodplain values,
fish and wildlife values, water supply and conservation, water quality, and, in general, the needs and
welfare of the residents of the basin.

The review of all proposed projects is site-specific; however, in general terms, SRBC determines if the
requested quantity represents a reasonable need; evaluates the ability of the water resource to meet that
need; identifies potential adverse impacts of the withdrawal or use, both to other water uses and water
resources; conducts an environmental impact screening to identify known, existing, sensitive aquatic-
dependent environmental resources; assesses the proposed method of mitigation for consumptive water
uses; and determines whether the project’s use is in conflict with other regulations.

Who makes the final decision on a proposed project and what are the standard conditions?

After completing the review and assessing all comments from other agencies and the public, Project
Review staff formulates specific recommendations so that the project can operate without causing any
undesirable environmental effects. Water quantities and rates of withdrawal can be reduced from those
requested, or otherwise limited, as necessary to protect other uses or mitigate impacts. Many projects are
conditioned with passby flow requirements. The intent of the passby flow requirement is to protect
streams during low flow conditions by determining a prescribed quantity of water that must pass a
specific point downstream from a water intake at any time a withdrawal occurs. For all projects, SRBC
sets the appropriate monitoring requirements so that SRBC staff can track project operations over the
term of an approval. It is these project recommendations—in the form of a docket—which are presented
to the commissioners for final action.

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 Tabled Project Applications

SRBC staff is recommending the following three project applications be

tabled at this time:

ALTA Operating Company, LLC

Berkowitz Pond
State: PA County: Susquehanna Municipality: Forest Lake Township
Requested Withdrawal: 500 gpm 0.249 mgd

J-W Operating Company

Abandoned Mine Pool – Unnamed Tributary to Finley Run

State: PA County: Cameron Municipality: Shippen Township
Requested Withdrawal: 63 gpm 0.090 mgd

Southwestern Energy Company

Sutton Big Pond

State: PA County: Bradford Municipality: Herrick Township
Requested Withdrawal: 4,200 gpm 5.000 mgd

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6
SRBC staff is recommending action on the following project applications:

Mansfield Borough Municipal Authority* (Map ID 1) SRBC Docket No. 20090907

State: PA County: Tioga Municipality: Richmond Township
Requested Withdrawal: 55 gpm 0.079 mgd From: Well 3
SRBC staff’s recommended action: Approve withdrawal at the requested quantity of
0.079 mgd (30-day average) from Well 3.
*Project sponsor requested this application be tabled at the September 10, 2009 meeting.

UGI Development Company (Map ID 2) SRBC Docket No. 20090916

Hunlock Power Station (Surface Water Withdrawal)
State: PA County: Luzerne Municipality: Hunlock Township
Requested Withdrawal: 55.050 mgd (peak day) From: Susquehanna River
SRBC staff’s recommended action: Approve withdrawal at the requested quantity of
55.050 mgd (peak day) from the Susquehanna River.

UGI Development Company (Map ID 2) SRBC Docket No. 20090916

Hunlock Power Station (Consumptive Use)
State: PA County: Luzerne Municipality: Hunlock Township
Requested Use: 0.870 mgd (peak day)
SRBC staff’s recommended action: Approve consumptive use at the requested rate of
0.870 mgd (peak day).

Charles Header – Laurel Springs (Map ID 3) SRBC Docket No. 20090903

(Groundwater Withdrawal)
State: PA County: Schuylkill Municipality: Barry Township
Requested Withdrawal: 28 gpm 0.040 mgd From: Spring 1
28 gpm 0.040 mgd From: Spring 2
SRBC staff’s recommended action: Considering SRBC Policy No. 2003-01, allow an
11% ADF passby flow of 0.08 cfs (36 gpm). Approve withdrawal at the requested quantities of
0.040 mgd (30-day average) from Spring 1 and 0.040 mgd (30-day average) from Spring 2.
The maximum instantaneous rate of withdrawal shall not exceed 28 gpm from Spring 1 and
28 gpm from Spring 2.

Charles Header – Laurel Springs (Map ID 3) SRBC Docket No. 20090903

(Consumptive Use)
State: PA County: Schuylkill Municipality: Barry Township
Requested Use: 0.080 mgd (peak day)
SRBC staff’s recommended action: Approve consumptive use at the requested rate of
0.080 mgd (peak day).

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United Water PA – Newberry System (Map ID 4) SRBC Docket No. 20090917
State: PA County: York Municipality: Newberry Township
Requested Withdrawal: 120 gpm 0.172 mgd (30-day average) From: Paddletown Well
SRBC staff’s recommended action: Reduce requested groundwater withdrawal of 0.172 mgd
to 0.121 mgd (30-day average), and the maximum instantaneous rate of withdrawal from
120 gpm to 85 gpm, which is consistent with calculated groundwater availability. Submit a
plan to mitigate 8 private wells and conduct operational monitoring for 3 private wells.

Community Refuse Service, Inc. (Map ID 5) SRBC Docket No. 20050907-1

Cumberland County Landfill
(Groundwater Withdrawal)
State: PA County: Cumberland Municipality: Hopewell and North Newton
Townships
Requested Withdrawal: 0.053 mgd (30-day average) From: 8 Wells
SRBC staff’s recommended action: Approve withdrawal at the requested quantity of
0.053 mgd (30-day average) from the 8 existing remediation wells.

Community Refuse Service, Inc. (Map ID 5) SRBC Docket No. 20050907-1

Cumberland County Landfill (Modification)
(Consumptive Use)
State: PA County: Cumberland Municipality: Hopewell and North Newton
Townships
Requested Use: 0.140 mgd (peak day)
SRBC staff’s recommended action: Approve an increase in consumptive use at the requested
rate of 0.140 mgd (peak day).

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 Natural Gas Development Project Applications

Antrim Treatment Trust

Approved
Map ID Source Quantity
(mgd)
6 Antrim No. 1 – Untreated Mine Discharge 0.720

Antrim No. 1 – Untreated Mine Discharge (Map ID 6) SRBC Docket No. 20090902
State: PA County: Tioga Municipality: Duncan Township
Requested Withdrawal: 500 gpm 0.720 mgd (daily) 0.720 mgd (30-day average)
HUC: 02050205040 Drainage Area: N/A Stream Class: See Note
Q7-10: 336 gpm ADF: 6.82 cfs Passby Required: Yes, 15% ADF
SRBC staff’s recommended action: Considering SRBC Policy No. 2003-01, allow a
15% ADF passby flow of 1.02 cfs (460 gpm). Maximum instantaneous rate of withdrawal is
limited to the requested 500 gpm; peak day is limited to the requested 0.720 mgd, when
available. Antrim Treatment Plant discharges into Bridge Run, a Cold Water Fishery.

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 EXCO–North Coast Energy, Inc.
Approved
Map ID Source Quantity
(mgd)
7 Tunkhannock Creek – Dobrinski 0.999
A Little Muncy Creek (Jordan) – Docket No. 20090615 0.041
B Little Muncy Creek (Temple) – Docket No. 20090616 0.091
C South Branch Tunkhannock Creek – Docket No. 20090617 0.091
D West Branch Susquehanna River – Docket No. 20090618 1.080
E Unnamed Tributary to Sandy Run – Docket No. 20081209 0.300

Tunkhannock Creek – Dobrinski (Map ID 7) SRBC Docket No. 20090904

State: PA County: Wyoming Municipality: Tunkhannock Township
Requested Withdrawal: 1,380 gpm 0.999 mgd (daily) 0.999 mgd (30-day average)
2
HUC: 02050106120 Drainage Area: 391 mi Stream Class: TSF
Q7-10: 7,930 gpm ADF: 552.5 cfs Passby Required: Yes, 20% ADF
SRBC staff’s recommended action: Considering SRBC Policy No. 2003-01 and the aquatic
resources survey, allow a 20% ADF passby flow of 110.5 cfs (49,596 gpm). Maximum
instantaneous rate of withdrawal is limited to the requested 1,380 gpm; peak day is limited to
the requested 0.999 mgd, when available.

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 Fortuna Energy Inc.
Approved
Map ID Source Quantity
(mgd)
8 Towanda Creek – Franklin Township Fire Department 2.000
F Sugar Creek – Docket No. 20090327 0.250
G Towanda Creek – Docket No. 20081210 0.250
H Catatonk Creek – Docket No. 20080602 0.101
I Chemung River – Docket No. 20080605 0.250
J Susquehanna River – Docket No. 20080909 0.250

Towanda Creek – Franklin Township Fire SRBC Docket No. 20081210-1

Department (Map ID 8) (Modification)
State: PA County: Bradford Municipality: Franklin Township
Requested Withdrawal: 1,400 gpm 2.000 mgd (daily) 2.000 mgd (30-day average)
2
HUC: 02050106030 Drainage Area: 112 mi Stream Class: TSF
Q7-10: 655 gpm ADF: 149.5 cfs Passby Required: Yes, 20% ADF
SRBC staff’s recommended action: Continue to allow a 20% ADF passby flow of 29.9 cfs
(13,422 gpm). Maximum instantaneous rate of withdrawal is increased up to the requested
1,400 gpm; peak day is increased up to the requested 2.000 mgd, when available.

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 LHP Management, LLC

Approved
Map ID Source Quantity
(mgd)
9 Fishing Creek – Clinton Country Club 0.100

Fishing Creek – Clinton Country Club (Map ID 9) SRBC Docket No. 20090906
State: PA County: Clinton Municipality: Bald Eagle Township
Requested Withdrawal: 1,044 gpm 5.000 mgd (daily) 5.000 mgd (30-day average)
HUC: 02050106120 Drainage Area: 181.3 mi2 Stream Class: Class B, CWF
Q7-10: 10,166 gpm ADF: 264.5 cfs Passby Required: No, at the reduced rate
SRBC staff’s recommended action: Reduce the maximum instantaneous rate of withdrawal
from 1,044 gpm to 70 gpm; reduce the peak day from 5.000 mgd to 0.100 mgd.

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 Seneca Resources Corporation

Approved
Map ID Source Quantity
(mgd)
10 Arnot No. 5 Mine Discharge – Signor 0.499

Arnot No. 5 Mine Discharge (Map ID 10) SRBC Docket No. 20090908
State: PA County: Tioga Municipality: Bloss Township
Requested Withdrawal: 1,000 gpm 0.499 mgd (daily) 0.499 mgd (30-day average)
HUC: 02050104170 Drainage Area: 1.53 mi2 Stream Class: CWF
Q7-10: 44 gpm ADF: 2.18 cfs Passby Required: Yes, 15% ADF
SRBC staff’s recommended action: Considering SRBC Policy No. 2003-01, allow a 15% ADF
passby flow of 0.33 cfs (147 gpm). Maximum instantaneous rate of withdrawal is limited to the
requested 1,000 gpm; peak day is limited to the requested 0.499 mgd, when available.

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 Southwestern Energy Company

Approved
Map ID Source Quantity
(mgd)
11 Cold Creek – Giroux 0.249
12 Mill Creek – Kennedy 0.249
13 Ross Creek – Billings 0.249
14 Tunkhannock Creek – Price 0.380
15 Wyalusing Creek – Ferguson 1.500
16 Wyalusing Creek – Campbell 1.500
K Tunkhannock Creek (Price) – Docket No. 20090625 0.380

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Cold Creek – Giroux (Map ID 11) SRBC Docket No. 20090909
State: PA County: Bradford Municipality: Herrick Township
Requested Withdrawal: 173 gpm 0.249 mgd (daily) 0.249 mgd (30-day average)
HUC: 02050106070 Drainage Area: 9.19 mi2 Stream Class: WWF
Q7-10: 40 gpm ADF: 10.6 cfs Passby Required: Yes, 20% ADF
SRBC staff’s recommended action: Considering SRBC Policy No. 2003-01 and the aquatic
resources survey, allow a 20% ADF passby flow of 2.12 cfs (952 gpm). Maximum
instantaneous rate of withdrawal is limited to the requested 173 gpm; peak day is limited to the
requested 0.249 mgd, when available.

Mill Creek – Kennedy (Map ID 12) SRBC Docket No. 20090910

State: PA County: Bradford Municipality: Stevens Township
Requested Withdrawal: 173 gpm 0.249 mgd (daily) 0.249 mgd (30-day average)
HUC: 02050106070 Drainage Area: 12.64 mi2 Stream Class: WWF
Q7-10: 53.9 gpm ADF: 14.8 cfs Passby Required: Yes, 20% ADF
SRBC staff’s recommended action: Considering SRBC Policy No. 2003-01 and the aquatic
resources survey, allow a 20% ADF passby flow of 2.96 cfs (1,329 gpm). Maximum
instantaneous rate of withdrawal is limited to the requested 173 gpm; peak day is limited to the
requested 0.249 mgd, when available.

Ross Creek – Billings (Map ID 13) SRBC Docket No. 20090911

State: PA County: Bradford Municipality: Stevens Township
Requested Withdrawal: 173 gpm 0.249 mgd (daily) 0.249 mgd (30-day average)
HUC: 02050106070 Drainage Area: 7.73 mi2 Stream Class: WWF
Q7-10: 30.21 gpm ADF: 9.06 cfs Passby Required: Yes, 20% ADF
SRBC staff’s recommended action: Considering SRBC Policy No. 2003-01 and the aquatic
resources survey, allow a 20% ADF passby flow of 1.81 cfs (813 gpm). Maximum
instantaneous rate of withdrawal is limited to the requested 173 gpm; peak day is limited to the
requested 0.249 mgd, when available.

Tunkhannock Creek – Price (Map ID 14) SRBC Docket No. 20090913

State: PA County: Susquehanna Municipality: Lenox Township
Requested Withdrawal: 800 gpm 0.380 mgd (daily) 0.380 mgd (30-day average)
HUC: 02050106120 Drainage Area: 44.3 mi2 Stream Class: Class D, CWF
Q7-10: 473 gpm ADF: 60.8 cfs Passby Required: Yes, 20% ADF
SRBC staff’s recommended action: Considering SRBC Policy No. 2003-01, allow a
20% ADF passby flow of 12.16 cfs (5,461 gpm). Maximum instantaneous rate of withdrawal is
limited to the requested 800 gpm; peak day is limited to the requested 0.380 mgd, when
available.

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Wyalusing Creek – Ferguson (Map ID 15) SRBC Docket No. 20090914
State: PA County: Bradford Municipality: Wyalusing Township
Requested Withdrawal: 1,041 gpm 1.500 mgd (daily) 1.500 mgd (30-day average)
HUC: 02050106070 Drainage Area: 194.8 mi2 Stream Class: WWF
Q7-10: 3,949 gpm ADF: 275.12 cfs Passby Required: Yes, 20% ADF
SRBC staff’s recommended action: Considering SRBC Policy No. 2003-01, allow a 20% ADF
passby flow of 55.02 cfs (24,700 gpm). Maximum instantaneous rate of withdrawal is limited to
the requested 1,041 gpm; peak day is limited to the requested 1.500 mgd, when available. In
addition, both Wyalusing Creek withdrawals (Docket Nos. 20090914 and 20090915) should be
limited to 1.500 mgd and shall not be operated simultaneously.

Wyalusing Creek – Campbell (Map ID 16) SRBC Docket No. 20090915

State: PA County: Bradford Municipality: Stevens Township
Requested Withdrawal: 1,041 gpm 1.500 mgd (daily) 1.500 mgd (30-day average)
2
HUC: 02050106070 Drainage Area: 177.22 mi Stream Class: WWF
Q7-10: 3,593 gpm ADF: 250.33 cfs Passby Required: Yes, 20% ADF
SRBC staff’s recommended action: Considering SRBC Policy No. 2003-01, allow a
20% ADF passby flow of 50.07 cfs (22,474 gpm). Maximum instantaneous rate of withdrawal is
limited to the requested 1,041 gpm; peak day is limited to the requested 1.500 mgd, when
available. In addition, both Wyalusing Creek withdrawals (Docket Nos. 20090914 and
20090915) should be limited to 1.500 mgd and shall not be operated simultaneously.

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 Ultra Resources, Inc.

Approved
Map ID Source Quantity
(mgd)
17 Elk Run – Bergey 0.020
L Elk Run – Docket No. 20090631 0.020
M Pine Creek – Docket No. 20090332 0.430
N Cowanesque River – Docket No. 20081229 0.217

Corrective Modification of Passby Flow Condition SRBC Docket No. 20090631-1

(Map ID 17)

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Please visit our website at: www.srbc.net
9/11/09