NC0089168_Comments_20131003

SOUTHERN ENVIRONMENTAL LAW CENTER
Telephone [phone] 601 WEST ROSEMARY STREET,SUITE 220 Facsimile 919-929-9421
CHAPEL HILL,NC 27516-2356
April 11, 2013
Via US and Electronic Mail
Cyndi Karoly
Branch Manager, Wetlands and Storrriwater Branch
N.C. Division of Water Quality
1650 Mail Service Center
Raleigh,NC 27699-1650
Re: Martin Marietta Materials—Proposed Vanceboro Quarry Application for
401 Water Quality Certification and Application for New NPDES Discharge
Permit
Dear Ms.Karoly:
Please accept these comments on the draft permit to discharge wastewater under the
National Pollutant Discharge Elimination System ("NPDES permit") and the application for a
401 Water Quality Certification("water quality certification")for Martin Marietta Materials, Inc.
("MMM")to discharge 9.0 MGD of mine dewatering wastewater from its Vanceboro quarry to
an unnamed tributary of Blounts Creek in the Tar-Pamlico River Basin. The Southern
Environmental Law Center("SELC" submits these comments on behalf of the Pamlico-Tar
River Foundation("PTRF"). PTRF is a private,non-profit organization that has been de icated
to protecting,preserving, and promoting the Tar-Pamlico River and its watershed since 1981.
SELC is a private,non-profit legal organization that seeks to protect and preserve the
Southeastern environment. These comments supplement separate comments submitted by PTRF
on March 14,2013 ("March 14 comments"),
Based on a review of studies submitted by MMM to the North Carolina Division of
Water Quality("DWQ"), the proposed discharge would violate state water quality standards. In
addition,MMM has failed to provide sufficient information to allow for proper review of the
water quality certification application. For these reasons,DWQ would be acting arbitrarily and
capriciously if it were to issue a final permit or a water quality certification for the proposed
discharge.
L The proposed discharge would violate state water quality standards.
The proposed discharge from MMM's quarry would violate state water quality standards'
for two reasons,
Charlottesville Chapel Hill Atlanta Asheville Birmingham • Charleston Nashville Richmond Washington,DC
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��. First,the proposed discharge would violate state water quality standards because it would
degrade an existing use of Blounts Creek by precluding maintenance of the creek's "biological .
integrity." North Carolina's antidegradation rule states that a project "shall not be permitted
unless the existing uses are protected." 15A N.C. Admin. Code 0213 .0201(b); 40 C.F.R.
§ 131.12(a)(1). In addition,'DWQ may only issue a water quality certification when it
"determines water quality standards are met, including protection of existing uses." 15A N.C.
Admin, Code 02H .0506(a). As a Class C water, Blounts Creek is subject to a"best usage of
waters"narrative water quality standard,which provides that these waters"shall be suitable for
aquatic life propagation and maintenance of biological integrity,wildlife, secondary, recreation,
and agriculture." 15A N.C. Admin. Code 02B .0211(2). Biological integrity is"the ability of
an aquatic ecosystem to support and maintain a balanced and indigenous community of
organisms having species composition, diversity,population densities and functional
organization similar to that of reference conditions." 15A N.C. Admin. Code 02B .0202(11)
(emphasis added). Under the"best usage of waters" standard, "[s]ources of water pollution
which [sic]preclude any of these uses on either a short-term or long-term basis shall be
considered to be violating a water quality standard." 15A N.C. Admin. Code 02B .0211(2).
Therefore, a discharge that precludes the maintenance of biological integrity is in violation of
state law. As discussed below,the proposed discharge will preclude the maintenance of
biological integrity by causing a change in the species composition of Blounts Creek on both a
short-term and a long-term basis.
As described in PTRF's March 14 comments, Blounts Creek is a coastal,blackwater
stream, a type of system that is naturally more acidic and more brackish(saline)than other
q freshwater stream systems. The upper portion of Blounts Creek is secondarily classified as a
swamp water. Swamp waters ("Sw") are"waters which [sic] have low velocities and other
natural characteristics which[sic] are different from adjacent streams." 15A N.C.Admin. Code
0213 .0101(e)(2). The natural characteristics of a swamp water—low flow,low concentrations
of dissolved oxygen,high concentrations of tannins, and low pH—are what create Blounts
Creek's particular habitat. These defining characteristics must be protected to maintain
biological integrity,
Blounts Creek is an aquatic nursery area for numerous species.' In particular,the creek
is used for spawning migrations and nursery areas by anadromous fish species, such as striped
bass, and the creek is a designated Anadromous Fish Spawning Area.2 Blounts Creek also
supports several anadromous fishes of interest to the National Marine Fisheries Service
("NMFS"),3 as well as the facultatively catadromous American eel, a Federal species of
concern.4
'Letter from Kevin Hart(North Carolina Division of Marine Fisheries)to Ian McMillan(North Carolina Division of
Water Quality),January 3,2012, at 1.
2 Letter from David R.Cox(North Carolina Wildlife Resources Commission)to William Wescott(US Army Corps
of Engineers)and Ian McMillan(DWQ),January 18,2012,at 2.
s See Letter from Heather Deck(Pamlico-Tar River Foundation)to Tom Belnick(DWQ),March 14,2013,at 3.
4 USFWS Endangered Species,Threatened Species,Federal Species of Concern,and Candidate Species,Beaufort
County,North Carolina,available at http://www.fws.gov/raleigh/species/entylist/beaufort.html(last visited April 9,
2013).
2

It is undisputed that the proposed discharge would change the water chemistry of Blounts
Creek.5 In fact, MMM's own consultants have projected that the discharge could change the
creek's water chemistry to the extent that the supplementary state classification of upper Blounts
Creek as a.swamp water would no longer apply.6 If Blounts Creek were to lose the
characteristics of a swamp water,its biological integrity would be lost as well. The N.C.
Wildlife Resources Commission("NCWRC")has predicted that just such a scenario could occur
if the discharge is approved. In general, changes in flow, salinity,pH,and metal concentrations
caused by the proposed discharge, and the"potential conversion of riparian wetlands from
brackish to more fresh," could"lead to a change in habitat"and"discourage several species from
using the creek. ,7 The NCWRC has also stated that the introduction of fresh water from the
proposed discharge"would likely move the fresh-salt barrier downstream,inhibiting access of
[anadromous fish species]to the hard bottom wetlands and headwater habitats they require to
spawn."8 This could have an especially detrimental effect on the blueback herring, an imperiled
species that historically uses habitats like Blounts Creek.9 The North Carolina Division of
Marine Fisheries ("NCDMF")has stated that changes in salinity could reduce the presence of
speckled trout 10 Fluctuations in metals or pH could lead to more algal blooms and fish kills,l l
Potential changes in creek turbidity and nutrient composition could potentially affect fish species
by changing the extent or composition of Blounts Creek's submerged aquatic vegetation
("SAV")beds.12
In its October 30,2012,technical memorandum for MMM, CZR Incorporated("CZR"),
concludes that the change in water chemistry caused by the discharge could alter the creek's
species composition. For example; CZR states that the expected increase in pH"may provide
more suitable habitat(water column)for a more diverse realm of freshwater fish species [and] 1
may create more suitable habitat for ... all diadromous fish species."13 They suggest that
changes in pH could have also have an unknown, unquantified effect on aquatic plant species.14
Regarding salinity, CZR concludes that"[t]he addition of a constant input source of freshwater
from the upstream quarry dewatering outfall will likely move the salt wedge further downstream
in Blounts Creek,"but states that this is not a major concern because fish species"are mobile"
and can move downstream.15 Finally, regarding flow, CZR states that"[i]f both stream flow and
velocity increase ... then a potential compositional change may occur to the benthic invertebrates
inhabiting Blounts Creek [including a] change [in] the amounts and proportions of benthic
shredders and collector-gatherers."16 In sum,the proposed discharge would disrupt existing fish,
5 Technical Memorandum, Stability,Flood,and Water Quality Analyses,Vanceboro Site,Martin Marietta
Materials, Craven and Beaufort Counties,North Carolina. Kimley-Horn and Associates,Inc. September 6,2012
(4,9, 12)
6 Technical Memorandum to address potential direct and indirect effects on identified fish populations from
predicted changes in Blounts Creek water quality. CZR Incorporated, October 30,2012(10).
7 Cox letter,at 2.
s Id.
9 Id.
10 Hart letter,at 1.
11 Cox letter,at 3.
12 See Deck letter,at 9.
13CZR technical memorandum,at 5.
14 Id.,at 8-9.
15 Id.,at 7.
16 Id.,at 14.
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� vegetation, and benthic communities,the very aspects of the aquatic environment protected by
the standard for biological integrity.
The impacts to Blounts Creek may be even greater than suspected. As detailed in
PTRF's March 14 comments, CZR's memorandum is flawed in several ways that could result in
an underestimation of species impacts.17 It does,however,provide enough information to
conclude that the proposed discharge would lead to an alteration in the natural species
composition and distribution in Blounts Creek. Indeed,the memo does not dispute the loss of
existing biological integrity,but attempts to minimize this loss by promising habitat for new
species. The memo also raises questions of how an influx of freshwater species would affect
species composition through increased competition for resources and for spawning and nursery
habitat.
North Carolina water quality standards require maintenance of the existing,natural
"species composition, diversity,population densities and functional organization,"or the
biological integrity of Blounts Creek. The currently available evidence demonstrates,however,
that the proposed discharge would affect the biological integrity of Blounts Creek and degrade'an
existing use.
Second,the proposed discharge would violate state water quality standards because it
would violate the pH standard for Class C waters. The standard provides that"pH ... shall be
normal for the waters in the area,which generally shall range between 6.0 and 9.0 except that
swamp waters may have a pH as low as 4.3 if it is a result of natural conditions." 15A N.C.
_ Admin. Code 02B .0211(g). The proposed discharge would raise the current pH in Blounts
i Creek from a range of 4.0-5.5 to a predicted 6.3-6.9. The pH standard prohibits this large
increase because the pH of the waters downstream of the discharge sites would no longer be
"normal"for the acidic,blackwater creek, or"normal" as compared to the pH conditions
upstream of the discharge. The pH standard is consistent with the protection of existing uses in a
system like Blounts Creek. Maintaining existing pH and the factors that contribute to it are
essential to maintaining biological integrity. DWQ cannot permit a discharge that will so
dramatically change the normal pH levels of Blounts Creek.
For these reasons, the proposed discharge would violate state law and DWQ must not
issue a final NPDES permit or a 401 water quality certification. The degradation of an existing
use and the violation of the pH water quality standard are sufficient bases for denying the permit
and certification. However,MMM has also failed to provide adequate information to support the
proper review and issuance of a water quality certification.
"Deck letter, at 6-7. In addition to the problems mentioned in the March 14 comments, CZR's assessment is
flawed because it minimizes the discharge's effect by stating that changes in flow and salinity will be within the
range of natural variability. See,e.g.,CZR technical memorandum,at 7. Unlike natural events that cause
fluctuations in background conditions,such as coastal storms,the discharge would permanently increase flow and
permanently move the salt wedge downstream. Permanent changes may have very different effects than natural,
sporadic fluctuations.
4

H . MMM has not shown a lack of practical alternatives to the proposed discharge.
The Division of Water Quality may only issue a water quality certification upon
determining that the proposed activity"has no practical alternative." 15A N.C. Admin. Code
02H .0506(b)(1). A lack of practical alternatives"may be shown by demonstrating that,
considering the potential for a reduction in size, configuration or density of the proposed activity
and all alternative designs the basic project purpose cannot be practically accomplished in a
manner which [sic]would avoid or result in less adverse impact to surface waters or wetlands."
15A N.C. Admin. Code 02H .0506(f). This showing is distinct from a NPDES permit
applicant's duty to submit an engineering report assessing alternatives to a proposed discharge
and demonstrating that"the most environmentally sound alternative was selected from the
reasonably cost effective options." See 15A N.C. Admin. Code 02B .0201(f); 15A N.C. Admin.
Code 02H .0105(c)(2).
MMM has submitted an engineering alternatives analysis that assesses five
technologically-feasible options for disposing of the mine dewatering waste, and identifies the
proposed discharge into Blounts Creek as the lowest cost alternative,1S This analysis shows that
there are at least four alternatives to the proposed discharge that are technologically feasible and
would allow for the project's basic purpose to be practically accomplished. In light of these
multiple options,MMM must more fully assess the possibility of connecting to an existing water
supply system,re-injecting the groundwater, or using some combination of these two
alternatives. MMM also must assess the economic practicality of each alternative in light of the
impact of the discharge and the benefits of environmental protection. Finally,MMM must
consider how changes in design and operation of the mining operation would affect discharge
volumes and change the calculations for each alternative or combination of alternatives. Until
MMM conducts additional analysis,they have not demonstrated that there is a lack of practical
alternatives to the proposed discharge and DWQ cannot-issue a water quality certification.
III MMM has not provided adequate information for DWQ to properly assess the
proposed discharge's impacts.
Under the state water quality certification regulations,DWQ may only issue a
certification after it has determined that the proposed activity"will minimize adverse impacts [to
the waters] ... does not result in the degradation[of the waters and] does not result in cumulative
impacts ... that cause or will cause a violation of downstream water quality standards." 15A
N.C. Admin, Code 02H .0506(b). PTRF's March 14 comments note several areas where a
determination of cumulative impacts cannot be made because the information provided by
MMM is lacking. We emphasize that MMM must calculate impacts based on the fact that the
increased flow will be permanent, and not consistent with natural fluctuations. In addition,
MMM must also provide more information in the following areas:
• Aquatic vegetation and benthic organisms: MMM must more fully analyze the
effect of the discharge on aquatic vegetation,including the submerged aquatic
18 Engineering Alternatives Analysis,Vanceboro Quarry,Martin Marietta Materials,Beaufort and Craven Counties.
Groundwater Management Associates,Inc. September 14,2012. E
5

r vegetation ("SAV")beds, as well as on benthic organisms in the upper portion of
Blounts Creek,which cannot migrate if the salt wedge moves permanently
downstream;
• Increased habitat for freshwater species: MMM must more fully analyze the
impact on resident species from increased use of the Blounts Creek habitat by
freshwater species. As mentioned in the March 14 comments,MMM's biological
sampling data is inadequate for determining the creek's current species
composition;
® Temperature: Currently, there is no analysis of the temperature differences
between the discharge water and Blounts Creek. MMM must analyze the effect
of the discharge on the creek's water temperature;
® Metals: MMM must more fully analyze the effect of metals in the proposed
discharge on the species in Blounts Creek. MMM must consider the specific
characteristics of the brackish creels system and its native species,rather than
relying on studies based on distinct stream systems. MMM must also consider the
effect of spills at the quarry site on the discharge;
® Increased flow: MMM must more fully analyze the effect of the discharge on
sedimentation and turbidity, and the effect of increased flow on spawning habitat.
MMM must also analyze the effect of increased flow on wetlands and should
calculate flooding and erosion risks considering the effect of wind on the
movement of water. Finally,MMM must ensure that all calculations take into
account the potential built-out flow of 12 MGD;19
• Large storm events: MMM must analyze the effect of abnormal storm events
when combined with increased flow on the salinity,habitat composition, and
stability of Blounts Creek, especially considering the low turnover rate of water in
the creek. MMM must also consider the effect of large rainfall events at the
quarry site; and
• Pamlico River and Pamlico Sound: MMM must analyze the impact of
introducing a new,permanent source of fresh water into the Pamlico River and
Pamlico Sound, especially when combined with existing large discharges of fresh
water downriver of Blounts Creek.
IV. Conclusion
For the above reasons, DWQ must not issue a final NPDES permit or a water quality
certification for the proposed discharge to Blounts Creels at this time. Based on the preliminary
analysis,any large,permanent discharge of fresh water into upper Blounts Creek would violate
state water quality standards. However, we believe that the permitting process will benefit from
a further investigation of impacts and alternatives.
l0 19 Engineering Alternatives Analysis,at 2-3.
6

We appreciate the opportunity to submit these comments. Please contact me at(919) 1
967-1450 if you have any questions.
Sincerely,
4"P/
Geoffrey R. Gisler
CC: (via email)
Heather Deck, Pamlico-Tar River Foundation
7

.".
d,CDtVR
North Carolina Department of Environment and Natural Kosources 1
Division of Marine Fisheries
Pat McCrory Dr. Louis B. Daniel III John E.Skvarla,III
Governor Director � f s 1 Secretary
�iG✓
TO: Chuck Walcild and Cyndi Karoly, Division of Water Quality
FROM: Dr. Louis B.Daniel,III, Director
DATE: April 12, 2013
SUBJECT: Martin Marietta Mine Vanceboro Quarry NPDES NCO089168
Project Description
The following comments by the North Carolina Division of Marine Fisheries(NCDMF) on the subject project are offered
pursuant to G.S. 113-131.The applicant is proposing mining a 649 acre area on a 1,664 acre site on the Beaufort and
Craven County border. During the mining process the site will impact 6.69 acres of jurisdictional.wetlands and 58,671
linear feet of jurisdictional waters. A total of 173.5 acres of wetlands and 40,398 linear feet of jurisdictional wetlands
were avoided on the project site. The applicant has proposed payment to the Ecosystem Enhancement Program(EEP)for
the wetland impacts.
To mine the area,the applicant proposes dewatering nine million gallons per day (MGD) and provided six alternatives for
the groundwater discharge from the proposed mine.These alternatives included 1) 100%discharge to Blounts Creek,2)
raw water to Vanceboro,and discharge to Blounts Creek,3) groundwater reinjection(50%)and discharge,to Blounts
Creek(50%),4) 100%reinjection, 5)raw water to Vanceboro and land application,and 6) 100% land application.The
applicant states that Alternative#1,the 100% discharge to unnamed tributaries(UT)of Blounts Creek, is the most
economical and technically feasible alternative.
This nine MGD discharge was reduced from the original twelve MGD requested in the June 26,2012 Division of Water
Resources Central Coastal Plain Capacity Use Area Permit(CCPCUA)application,which as of April 4,2613 is still
active.The water will be,pumped from surfieial and the Castle Hayne aquifers which contain elevated iron and manganese
levels.The applicant proposes that 4.5 MGD will go into one branch of the UT, and the other 4.5 MGD will go into
another branch as the mine grows,The NPDES draft permit has set limits of 50 NTUs for turbidity and 6.0 and 9.0 for pH.
The applicant will be required to sample the effluent monthly for total suspended solids,total iron,settleable solids, and
pH,and flows will be monitored continuously. Effluent turbidity will be monitored monthly unless a violation has been
observed. If turbidity exceeds 50 NTU the applicant will be required to perform instream monitoring weekly during June,
July,August,and September and monthly during the remaining months of the year until effluent turbidity is less than 50
NTU. The permit conditions also include benthie monitoring sampling at four locations with a report required six months
prior to the expiration of the permit.
Wetlands
The NCDMF has no comments on the direct wetland impacts, but is concerned that the mine may be in phases and the
remaining wetlands will be impacted in the future and may comment at that time..The applicant should be required to
discuss the potential secondary impacts to wetlands that may arise from the ground water withdrawal for the subject
project. These secondary impacts have not been discussed.
Fish and Habitat Impacts
The discharge is proposed to be sent to the headwater swamps of the BIounts Crack system,a brackish creek system that
is used by resident species(catfish and pickerels), anadromous fish(i.e.striped bass and river herring)for spawning
migrations and nursery areas, and utilized by catadromous fish(American eel) as a nursery area. The system supports
dense submerged aquatic vegetation (SAV)and was identified as a Strategic Habitat Area by the NC Marine Fisheries
1

Commission date to the diversity and abundance of high quality habitat and fish that occur. The North-Carolina Wildlife
Resources Commission (NCWRC)has sampled Blounts Creek upstream of Herring Run on two occasions(March 2011
and April 1,2013),During these sampling events river herring(both alewife and blueback herring),American eel and
resident species(pumpkinseed, largemouth bass,red drurn,white perch,and redfin pickerel)were collected.The presence 1
of these species makes this location a popular recreational fishing location.The salinity in the creek ranges from 0-5 ppt,
depending on the season and weather. The deptli contours in Blounts Creels allow for relatively high salinities compared
to the Pamlico River even during times of low salinity in Blounts Bay and the Pamlico River,which seems to attract
estuarine fish. For example spotted seatrout are known to be found in large numbers in Blounts Creels.With changes in
salinity it is possible that spotted seatrout usage would decline. In addition to the salinity changes,flows will change in the
swamps at the headwaters of Blounts Creek.The change in flows can have adverse impacts on all life stages of fishes as
well as changing the prey for these fishes.
Information provided in the application regarding the fish community was inadequate to address variable and seasonal
differences in fish assemblages since it was based on one sampling event with one gear type. Samples should have been
performed during different time(Le, seasonal)periods using multiple gears to fully assess the effect of this project on the
current fish community. This system is aNCWRC designated Anadromous Fish Spawning Area but no sampling was
performed by the applicant to survey for early life stages or for the presence of spawning adults.Past NCDMF reports
show river herring eggs and larvae being collected at Herring Run in 1974 to 1976 and Atlantic sturgeon,a federally listed
endangered species,was collected around Blounts Bay during the same time period (DMF 1976). During the April 1,
2013 NCWRC sampling event, 39 river herring were collected, many of which were ready to spawn(M. Dunn,pers.
comet.NCWRC 2013).This sampling event may have collected more river herring in the Tar/Pamlico system than any
other year since 2006(J. Homan, pers, com.NCWRC 2013).The presence of these fishes shows that this area is still a
spawning area for river herring. River herring adults spawn in flooded forested wetlands and juveniles use forested
wetlands and adjacent shallow bottom as nursery areas. The increase in flows in the headwaters may also increase
eliannelization of the headwater swamps that are'critical for river herring spawning and development(NCDMF 2007).
Studies have shown that the size, number and diversity of species in channelized streams are lower than unchannelized
streams,essentially making the fisheries less productive(Deaton et al.2010).
The changes to flow and pH may change olfactory cues for spawning migrations, allow more predators access to river )
herring spawning and nursery areas,or remove important food sources. Some species of anadromous fish(e.g.Pacific
salmon and Sea tamprey)are known to use olfactory cues to horne to their natal spawning grounds(Dittman and Quinn
1996 and Vrieze et al.2010). Other anadro►noes fish experts suggest that these findings are also true for river herring(B.
Wynne, pens com.NCWRC 2013 and R. Rulifson pars. coin. East Carolina University 2013).Thunberg(1971)performed
tank experiments that suggest alewives use olfactory cues to home to natal waterbodies.Ross and Biagi(1990)state that it
appears olfactory cues are the primary means for horning behavior in alewife, Several tagging studies have shown
evidence that river herring will return to natal waterbodies to spawn and then return to spawn in subsequent years(Jessop
1994 and Messiah 1977).Any alterations to these cues could erase river herring's ability to find their natal spawning
grounds.
The applicant states that the groundwater discharge will have high manganese concentrations(0.249 mg/1).Under
anaerobic conditions such as those found in swamps, manganese is reduced to soluble manganese which can be More
toxic to aquatic organisms(raiser 1980). For freshwater organisms(Hyalella azteca and Cerlodaphnia dubia),LC50
values ranged from 3.0 to 15.2mg/L(Lasier et al.2000).Although the levels of manganese found in the aquifers are less
than the LC50 values bioaecumulation should be examined to determine if lethal affects will occur from the discharge.
These lethal affects may alter the food web removing critical forage items for fishes currently found in Blounts Creels.
The applicant has developed a model to predict how the flow, salinity,and pH of Blounts Creels will be affected by the
proposed discharge.Li the development of the model the applicant sampled water quality three times(April 4,2012;April
13,2012; and May 31,2012)to obtain water quality information during what is stated as a variety of flow and salinity
conditions. Although these events were performed to cover a range of rainfall events(0.5 to 3.5"of rainfall) they do not
accurately describe yearly or monthly conditions.These sampling events should have been performed throughout the year
over several years to adequately understand the affects of the discharge.The applicant has stated that the mine discharge
will change the pH of the headwater/swamps from 4.0 to 5.5 to 6.5 to 69 and the flows from 2 cfs to 18 cfs.The pH
values will be similarto those currently at the confluence of Herring Run and Blounts Creek.Although the applicant
2

states that this increased pH will beteneficial by creating more suitable habitat for spawning, egg and larval development,
and increase the invertebrate population(CZR 2012),the NCDMF questions if this is beneficial. Blounts Creek is a
unique system that is currently highly functioning and productive.
The NCDWQ NPDES permit contains a permit condition to sample benthic invertebrates following the latest version of
Standard Operating Procedures for Collection and Analysis of Benthic Macroinvertebrates by the Division of Water
Quality Environmental Sciences Section, Although this document provides information as to the sampling and evaluation
techniques, it does not provide information on the number of sampling events that have to be performed(Le,monthly,
yearly,or multiple years).Although the NCDMF does not have jurisdiction over these benthic invertebrates,they perform
a vital function in the food web providing nutrients to fishes.If permitted the applicant should collect a second year of
baseline data prior to discharge. The addition of a second year will provide more information as to invertebrate
community and the potential yearly variations found at the headwaters of Blounts Creels.
The,discharge is likely to have significant impacts on Blounts Creels,Blounts Bay, and the diverse and healthy aquatic
community they support. With the proposed 100%discharge,the biogeochemical water duality characteristics of Blounts
Creek spawning grounds will change,effectively altering a functioning systern.The presence of running ripe river herring
in Blounts Creek show that this area still functions as a nursery arca for a declining species.River herring are declining in
numbers in NC and along the entire east coast. Despite a fishing moratorium since 2007,North Carolina has not seen a
recovery in river herring stocks. Habitat degradation, including discharges, is one of the leading causes for this decline
(NCDMF 2007 and Lirnbtirg and Waldman 2009). The NCDMF has designated.the stock status of river herring as
unknown in the Tar/Pam region and the Atlantic States Marine Fisheries Commission has classified river herring stocks as
declining and not recovering. River herring are currently being reviewed for listing as endangered under the Endangered
Species Act.
Given the extremely low population of river herring and the potential and unknown impacts of the discharge on one of the
few remaining areas in the Pamlico system known to be supporting river herring,as well as impacts to other estuarine and
anadromous fish species,the NCDMF objects to the proposed Alternative#l, The division is interested in developing
solutions that utilize aspects of Alternatives#2-6. Groundwater reinjection is a possibility if the applicant has a location
where the discharge does not contaminate the aquifer.If the applicant was to reinject the water,there would likely be no
adverse impacts to Blounts Creek and the aquatic community.This alternative would avoid all impacts to fishes and the
potential economic impact on the fisheries that utilize Blounts Creels and the businesses that support it. We look forward
to working with the applicant to develop a reasonable and viable alternative to Alternative#1.
The NCDMF appreciates the opportunity to review and comment on this project.If you have any comments or questions,
please call me at(252) 808-8013 or email me at Louis.Daniel a,nedem•. og_y .
Deaton,A,S.,W.S.Chappell,K. Hart,J. O'Neal. 2010.North Carolina Coastal Habitat Protection Plan, North Carolina
Department of Environment and Natural Resources.Division of Marine Fisheries,NC. 617 pages.
Dittman,A.H. and T.P. Quinn. 1996. Homing in Pacific Salmon: Mechanisms and Ecological Basis.The Journal of
Experimental Biology 199: 83-91.
DMF(North Carolina Division of Marine Fisheries). 1976, Anadromous Fisheries Research Program Tar River,Pamlico
River,and Northern Pamlico Sound. Completion Report for Project AFCS-10.
Jessop, B. M. 1994.Homing of alewives(Alosa pseudoharongus)and blueback herring(A. aestivalis)to and within
the Saint John River,New Brunswick,as indicated by tagging data. Canadian Technical Report of Fisheries
and Aquatic Sciences 2015.
Kaiser KLE(1980)Correlation and prediction of metal toxicity to aquatic biota. Canadian Journal of Fisheries and
Aquatic Sciences 37:211--218,
Lasier, P.J., P.V. Winger,and K.J.Bogenrieder,2000.Toxicity to manganese to Ceriodaphnia dubia and Hyalella azteca,
Archives of Environmental Contamination and Toxicology. 38(3):298-304.
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4,
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Limburg,K. E. and J.R. Waldman, 2009. Dramatic Declines in North Atlantic Diadromous Fishes, BioScience 59(11):
955-965.
Messieh, S.N. 1977, Populationstr«cture and biology of alewives(Alosa pseudoliarengus)and blueback herring
(A.aestivalis) in the Saint Jolin River,New Brunswick, Environmental Biology of Fishes 2(3):195-210.
North Carolina Division of Marine Fisheries(NCDMF),2007,North Carolina Fishery Management Plan Amendment 1:
River Herring. Morehead City,NC.
Ross,R. M.,and R.C.Biagi, 1990. Marine recreational fisheries of Massachusetts: River herring. University of
Massachusetts Cooperative Extension,Massachusetts Division of Marine Fisheries,Marine Recreational
Fisheries Series Informational Pamphlet No. CR 162: 6/90-1 OM,Amherst,Massachusetts.
Thunberg,B. E, 1971, Olfaction in parent stream selection by the alewife(Wosa pseudoharengus),Animal
Behavior 19: 217-225,
Vrieze,LA.,R. Bjerselius,and P.W. Sorensen,2010 Importance of the Olfactory Sense to Migratory Sea Lampreys
Petrongzon nmrinus Seeking Riverine Spawning Habitat.Journal of Fish Biology 76(4): 949-964,
3441 Arendell Street,P.0'.Box 769,Morehead City,North Carolina 28567
Phone:[phone] FAX:[phone]\Internet:portaUcdenr.orglweb/mf
An Equal Opportunity\Affinttative Action Employer
4

0 North Carolina Wildlife Resources Commission 0
Gordon Myers,Executive Director
MEMORANDUM
TO: Tom Belnick
NC Division of Water Quality—NPDES
FROM: Shannon L.Deaton,Habitat Conservation Program Manager �
Division of Inland Fisheries
DATE: April 12,2013
SUBJECT: NPDES Public Notice for Martin Marietta Materials,Inc.Vanceboro Quarry,Beaufort
and Craven Counties,North Carolina.
NPDES Permit NCO089168
Biologists with the North Carolina Wildlife Resources Commission(NCWRC)reviewed the
NPDES public notice and draft permit with regard to impacts on fish and wildlife resources. The project
site is located approximately seven miles east of US Hwy 17 on the Beaufort-Craven County border
between the communities of Wilmar,NC and Blounts Creek,NC. The site is located on the drainage
basin divide between the Neuse River and Tar-Pamlico River basins. Our comments are provided in
accordance with provisions of the Fish and Wildlife Coordination Act(48 Stat.401,as amended; 16
U.S.C. 661 et seq.), Sections 401 and 404 of the Clean Water Act(as amended), and Coastal Area
Management Act(G.S. 113A-100 through 113A-128), as amended.
The applicant,Martin Marietta Materials,Inc.proposes to develop a 649 acre open pit aggregate
mine within a 1,664 acre project area.The site is currently owned and managed by the Weyerhaeuser
Corporation for the silviculture of loblolly pine.Impacts associated with the direct mining of the land
include permanent impacts to 6.69 acres of wetlands and 58,671 linear feet of jurisdictional ditches.To
facilitate the open pit mining,Martin Marietta Materials has applied to the NC Division of Water
Resources(NCWWR) to withdraw up to 12 MGD of water from the Castle Hayne aquifer. This NC
Division of Water Quality(NCDWQ)NPDES public notice addresses the request to discharge up to 9
MGD of water into the headwaters of Blounts Creek. The discharge locations will be located at outfall
001 and outfall 002 into an unnamed tributary (non jurisdictional ditch)of Blounts Creek. The waters of
Blounts Creek are classified C, Sw,NSW by the Environmental Management Commission, are subject to
the Tar-Pamlico Basin Buffer Rules, and are designated an anadromous fish spawning area(AFSA)by
the NCWRC.
We have reviewed previous documents from the applicant regarding this mine proposal and
submitted comments during the US Army Corps of Engineers 404 public notice and the NCDWQ 401
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh,NC 27699-1721
Telephone: [phone] • Fax: [phone]

NPDES Martin Marietta Materials,Inc April 12,2013
Vanceboro Quarry,Beaufort and Craven Counties
permitting process(18 January 2012, Cox). Our primary concern with this project continues to be the
proposed discharge into Blounts Creek. We do not feel that our concerns expressed in our previous
correspondence have been adequately addressed. Discharging 9 MGD of water into the headwaters of
Blounts Creek has the potential for significant adverse impacts to fish and wildlife resources and their
habitat. We request that alternative discharge options be considered in the project proposal that minimize
the impacts to Blounts Creek.
Resources of Blounts Creek
Blounts Creek is a deep water creek with hardwood riparian wetlands characteristic of a black,
swamp water drainage. The headwaters of the system are generally acidic and exhibit extremely low
flows that can vary seasonally from no flow to less than 18 efs. There are no point source discharges into
Blounts Creek and the riparian areas are, for the most part,undisturbed and naturally vegetated except
downstream of the confluence with Herring Run where some residential development occurs along the
upland shoreline.The absence of discharges and intact riparian buffers greatly reduce sedimentation and
erosion in the upper reaches of the system. The mouth of the creek opens into Blounts Bay and the
Pamlico River. Salinity levels in the creek vary seasonally providing habitat for freshwater, estuarine,
and marine aquatic species.
Blounts Creek supports numerous and varied fish species including Striped Bass(Morose
saxatilis),Alewife(Alosa pseudoharengus),Blueback Herring(Alosa aestivalis),American and Hickory
Shad,Largemouth Bass(Micropterus sahnoides),Yellow Perch(Perca flavescens),White Perch(Morose
americana),Black Crappie(Ponioxis sigromaculatus), Chain Pickerel(Esox siger),Redfin Pickerel
(Esox americasus),American Eel(Anguilla rostrata), and occasionally Red Drum(Sciaenops ocellatus),
Southern Flounder(Paralichthys lethostigma), and Spotted Seatrout(Cynoscion nebulosus). These fish
inhabit Blounts Creek seasonally depending on water temperatures and salinity. Blounts Creek is fished
heavily by recreational anglers because of the rich diversity of fish species. NCWRC recently completed
Blounts Creek boating access area to enhance access to this system for anglers and other outdoor
recreational users.
Blounts Creek is also designated as an anadromous fish spawning area,providing environmental
conditions and favorable spawning habitat for anadromous fish such as Striped Bass and River Herring
(Blueback Herring and Alewife). While adult Striped Bass clearly use Blounts Creek for spawning,it is
more difficult to demonstrate spawning in this system by River Herring. River Herring populations are
severely depressed and both the NC Division of Marine Fisheries and NCWRC currently prohibit the take
of River Herring in an effort to increase population numbers. Further,River Herring are under
consideration for inclusion on the endangered species list by the National Oceanic and Atmospheric
Administration.Historical"runs"of River Herring are locally known in the Herring Run tributary as well
as in Blounts Creek upstream and downstream of the NC Hwy 33 bridge. Sampling conducted from June
1974 through June 1976 in the Tar-Pamlico system demonstrated spawning activity in Herring Run from
about 200 yards downstream of the confluence with Blounts Creek to the NC SR 1110 bridge near Cox's
Crossroads. This area also produced the highest catch-per-unit-effort(CPUE)of River Herring eggs in the
Tar-Pamlico system with 163 eggs in a five minute tow(Marshall, 1976).
Recent NCWRC Sampling of Blounts Creek
On April 1,2013 NCWRC staff electroshocked four locations in Blounts Creek upstream of the
NCWRC Blounts Creek Landing Boating Access Area. River Herring were collected in the Herring Run
tributary as well as within the mainstem of Blounts Creek,upstream of the confluence with Herring Run.
Access to the upper most sample site was limited due to the size of the electrofrshing boat. Thirty nine
fish were collected;the sample was comprised mostly of Blueback Heating males and one gravid female
Alewife was captured (NCWRC personal communication).This sample resulted in the highest CPUE of
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F '
F /
� NPDES Martin Marietta Materials,Inc April 12,2013
Vanceboro Quarry, Beaufort and Craven Counties
River Herring in years from the Tar-Pamlico system, and demonstrated the importance of Blounts Creek
as potential spawning habitat. (see attached map)
Wildlife resource comments and concerns presented below are provided in response to system changes
projected in technical documents prepared by Martin Marietta.
1) Change in Flow System
NCWRC is concerned that significant changes in flow can adversely impact River Herring
spawning success. Technical documents provided by Martin Marietta Materials, Inc. state that the upper
reaches of the system will change from essentially a low flow system to a moderate flow system.
Projected discharges will more than double water flow and volumes into Blounts Creek, thus altering the
creeks response to large rain events. Dramatic,sustained increases in flow to a riverine system will cause
a stream system to alter by adjusting its banks and bankfull height,which increases the sediment load in a
system.River Herring require a low flow system in order for eggs to settle on vegetation near the bank.
The moderate freshwater flow system resulting from this project proposal would cause eggs to be flushed
further downstream to water conditions unsuitable for hatching. Additionally,the success of River
Hering eggs depends on a low sediment load to minimize the potential for eggs being covered.
2) Water quality conditions
We are concerned that any significant changes to the water chemistry in Blounts Creek can also
affect River Herring's ability to spawn successfully. The infusion of water from the Castle Hayne aquifer
is projected to change pH, salinity,DO,iron,manganese,and other elements at the discharge location and
downstream.Many fish species use olfactory cues to locate their biological spawning grounds. River
Herring are known to spawn in their natal systems and, olfactory cues play an important role in their
spawning behavior. Any chemical alteration of these cues could impair herrings' ability to find their
historic spawning grounds.
3) Collection of baseline data
We recommend increased sampling over a broader period of time that represents seasonal and
annual water quality data prior to performing any project models that predict the influence of the mine
discharge on water chemistry. Accurate projections of project impacts rely heavily on collecting
representative baseline data of sufficient scope.Based on NCWRC's recent sampling results,we do not
concur that the freshwater input will improve conditions in Blounts Creek from its current swamp water
conditions. Current water quality conditions in Blounts Creek support spawning for River Herring and
numerous other fish species..Baseline data collected by Kimley-Hone and Associates,Inc. (Kimley-Horn)
for Martin Marietta Materials,Inc. and projections in the project proposal shows the pH in the system
upstream of the confluence of Herring Run will increase from a current range of 4.0 -5.5 to 6.3-6.9. This
change in pH would be a marked difference from the current conditions and may no longer sustain the
current resource use.
In addition to the pH changes, the introduction of a 9MGD freshwater discharge would decrease
overall salinity levels in the upstream portion of the system and move the salt wedge further downstream.
During the April 1,2013 NCWRC sampling event, surface salinity levels at the Herring Run confluence
were 5.1 ppt. In the project proposal, the salinity range gathered by Kimley-Horn was only 0.03— 1.08
ppt. These data differences show the high variability of salinity that can occur in this system and
demonstrate the importance of designing a baseline monitoring plan that captures the variability of critical
water quality parameters such as pH and salinity annually as well as seasonally or during weather events.
The documents provided by Martin Marietta Materials, Inc. state that Blounts Creek downstream
of the confluence of Herring Run will see minimal changes. This area is especially important for
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NPDES Martin Marietta Materials,Inc April 12,2013
Vanceboro Quarry,Beaufort and Craven Counties
anadromous fish spawning, and we are concerned that impacts and changes to this upper reach may be
more heavily affected and need to be adequately addressed in the project proposal.
4) Planning for future monitoring and mitigation needs
NCWRC requests that additional details be incorporated into the project proposal regarding
monitoring and mitigation to compensate for anticipated system changes during and after the life of the
mine operation. Specifically,we request the applicant collect baseline data and model the potential
impacts of a 9MPG discharge on stream morphology and hydrology.
5) Discharge alternatives
NCWRC requests that alternative methods of discharging 9MGD of freshwater be proposed to
avoid the potential significant effect on Blounts Creek. Several alternatives presented in this project
proposal could result in minimized impacts to Blounts Creek,but were not chosen primarily due to cost.
One alternative considered by the applicant included injection of 4.5 MGD into the aquifer and a
discharge of 4.5 MGD into Blounts Creek. Although this alternative was dismissed due to costs;however,
this or a similar alternative could significantly reduce fish and wildlife impacts. Water withdrawn from
the Castle Hayne aquifer could be injected back into the aquifer while water withdrawn from the surficial
aquifer could be discharged into Blounts Creek. This alternative would significantly reduce the volume
and velocity of water discharged in addition to minimizing water chemistry differences between aquifer
and surface waters.Injection could be done well away from the aquifer withdrawal to lessen any
influence on the needed cone of depression and minimize impacts to aquatic resources.
The applicant determined the discharge option mentioned above was a more expensive alternative
than a complete surface water discharge.However, costs presented in the application did not take into
account the value of fish and wildlife impacts, the cost of increased monitoring not currently proposed,
and the cost of stream mitigation post-mine closure. Total project costs should take all these factors into
account as well.
We believe that the project as proposed will have significant adverse impacts to the significant
aquatic resources in Blounts Creek.Potential impacts to water quality and aquatic habitat in Blounts
Creek could be reduced if an alternate method of water discharge such as the split alternative were
employed.
Thank you for the opportunity to provide comment on this permit. We look forward to reviewing
additional information as it becomes available. If we can be of further assistance,please contact me at
[phone].
Ec: Maria Dunn and David Cox,NC Wildlife Resources Commission
Literature Cited
Marshall,Michael D. 1976. Anadromous Fisheries Research Program - Tar River,Pamlico River and
Northern Pamlico Sound. Completion Report for Project AFCS— 10. North Carolina Division of Marine
Fisheries,Morehead City,90p.
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Strickland, Bev
From: Karoly, Cyndi
Sent: Monday, April 15, 2013 9:57 AM
To: Strickland, Bev
Subject: FW: WRC comments:Vanceboro Quarry, Martin Marietta Materials, Inc
Attachments: NPDES_MMMV_FINAL_041213.pdf
From: Belnick, Tom
Sent: Monday,April 15, 2013 9:57 AM
To: Karoly, Cyndi;Adams,Amy
Cc: Rawls, Paul
Subject: FW: WRC comments: Vanceboro Quarry, Martin Marietta Materials, Inc
Fyi... NC WRC comments.
Tom Belnick
Supervisor, NPDES Complex Permitting Unit
NCDENRyc iVistonfif Water Quality
919-807-6390
E-mail correspondence to and from this address may be subject to the
North Carolina Public Records Law and may be disclosed to third parties
From: Deaton, Shannon L.
Sent: Friday, April 12, 2013 5:21 PM
To: Belnick,Tom
Cc: Dunn, Maria T.; Cox, David R.; Curry, Robert L.
Subject: WRC comments: Vanceboro Quarry, Martin Marietta Materials, Inc
Please find attached WRC comments on the NPDES Public Notice for Martin Marietta,Inc.Vanceboro Quarry.
Let me know if you need a hard copy mailed of these comments.
Shannon L. Deaton
Program Manager of Habitat Conservation
—i
Division of Inland Fisheries
vnra¢v
'a�`(Lfsi.li�i
— 511
1721 Mail Service Center,Raleigh,NC 27699-1721
Tel:[phone] Fax:[phone] Donate on line#31
[e-mail] I www.ncwildlife.org toconser wildllfes.
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