20000010 Ver 1_Complete File_20000207

r
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
Mr. William Cooper
PCS Phosphate Inc.
Aurora, NC 27806
Dear Mr. Cooper:
1 ? •
Aim=
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
July 25, 2000
Re: Certification Pursuant to Section 401 of the Federal Clean Water Act,
Proposed modified mine expansion
WQC Project # 00010COE # 199800449
Beaufort County
Attached hereto is a copy of Certification No.3092 issued to the PCS Phosphate Company,
Inc. dated July 25, 2000. All other conditions of our previous Certification issued on May 6,
1997 are still applicable.
If we can be of further assistance, do not hesitate to contact us.
Attachments
i erely,
. Stevens
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DWQ Regional Office
Doug Huggett, Division of Coastal Management
Jeff Fumes; PCS Phosphate
Derb Carter; Southern Environmental Law Center
File Copy
Central Files
Wetlands/401 Unit • Division of Water Quality • Non-Discharge Branch
1621 Mail Service Center Raleigh NC 27669-1621 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer
50% recycled/10% post consumer paper
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NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws
92-500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ)
Regulations in 15 NCAC 2H, Section .0500. It is issued resulting in no additional net impacts to wetlands
and streams in Beaufort County pursuant to an application filed on the 21" day of January, 2000 with a
subsequent letter dated June 23, 2000 to modify previously approved mine expansion.
The application provides adequate assurance that the discharge of fill material into the waters of South
Creek in conjunction with the proposed development will not result in a violation of applicable Water
Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this
activity will not violate the applicable portions of Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-
217 if conducted in accordance with the application and conditions hereinafter set forth.
This approval is only valid for the purpose and design that you submitted in your application, as
described in the Public Notice. If you change your project, you must notify us and send us a new
application for a new certification. If the property is sold, the new owner must be given a copy of the
Certification and approval letter and is thereby responsible for complying with all conditions. If total
wetland fills for this project (now or in the future) exceed one acre or total perennial stream impact exceeds
150 feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7).
For this approval to be valid, you must follow the conditions listed below. In addition, you should get anv
other federal, state or local permits before you go ahead with your project including (but not limited to)
Sediment and Erosion control, Coastal Stormwater, Non-discharge and Water Supply watershed regulations.
Condition(s) of Certification:
1. Approval is hereby given to modify the mining plan as outlined in the Corps of Engineers Public
Notice Revision/Modification to
a. Delete Mine Block 20
b. Delete the southwest corner of alternative E except for future railroad location, and
c. Increase the width of the center portion of Alternative E.
2. All other conditions of Certification Number 3092 issued on May 6 1997 are still valid.
Violations of any condition herein set forth shall result in revocation of this Certification and may
result in criminal and/or civil penalties. This Certification shall become null and void unless the above
conditions are made conditions of the Federal 404 and/or coastal Area Management Act Permit. This
Certification shall expire upon expiration of the 404 or CAMA permit.
If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written
request within sixty (60) days following receipt of this Certification. This request must be in the form of a
written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the
Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. If modifications are made
to an original Certification, you have the right to an adjudicatory hearing on the modifications upon written
request within sixty (60) days following receipt of the Certification. Unless such demands are made, this
Certification shall be final and binding.
This the 25 day of July 2000
DIVISION O W TER QUALITY
Stevens
j
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
D E N R
Division of Water Quality
Environmental Sciences Branch & Wetlands/401 Unit
Location: 4401 Reedy Creek Road
Raleigh, N.C. 27607
Mailing Address: 1621 Mail Service Center
Raleigh, N.C. 27699
FAX: [phone]
FAX TO:-Drbof-,AH SAWgVV, ( ILIA IZO) I FAX NUMBER: Z52)gyb ~°121
FROM: 5VWN )DOV-N1?y L?
PHONE: 411 A) 7a:3,- gk4to
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If you receive this fax by mistake call: ESB [phone] or Wetlands [phone].

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PCS '?? ??
Phosphate VAURORA ' ?? t /
PCS PHOSPHATE COMPANY, INC. yK?
P.O. BOX 48, AURORA, NC U.S.A. 27806 DIRECT: [phone] FAX: [phone]
William T. Cooper, Jr.
Vice President/General Manager
Phosphate Production
June 23, 2000
Ft'JUN 2 8 2000;
Mr. John Dorney ,
Division of Water Quality
North Carolina Department of Environment and Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Subject: PCS Phosphate Request for Modification of DWQ Water Quality
Certification No. 3092 - Response to Letter dated June 1, 2000
Dear Mr. Dorney:
The following information is provided in response to the questions provided in your letter
dated June 1, 2000.
1. Purpose of Canals
The subject canals were constructed by the North Carolina Phosphate Corporation
(NCPC) to provide conveyance of stormwater run-off and clarified waters. Aerial
photography taken prior to excavation of these canals shows that there was not
any natural conveyance or topographical depression feature present in the
proximity of these canals prior to their construction.
2. Modification effect for future mine advance
Future impacts to creeks will not be dictated by approval of this modification.
The outer boundary being considered by PCS for a mine continuation permit
application will not be affected by DWQ's decision relating to this modification
request. There is substantial remaining mineable area to accommodate
practicable alternatives. PCS understands that a mine continuation permit
application and water quality certification will be reviewed as specified by law
and regulation at the time of application.
3. Modification effect to creek watersheds
See the attached Table 1 which quantifies the drainage area changes to creek
watersheds affected by this modification.
4. Buffer rule application to Block 20
PCS understands that you believe that our request to remove mine block 20 from
the 401 certification may make this area subject to the Tar-Pamlico buffer rules
for future permitting action. PCS requests that DWQ proceed in its review of this
modification request.
We look forward to approval of this modification. If you have any questions please do
not hesitate to call Jeff Furness at 252-322-8249 or Ross Smith at 252-322-8270.
Sincerely,
William T. Cooper, Jr.
Attachment

Table 1
PCS Phosphate (Aurora)
Modification to Water Quality Certification No. 3092
Change (increase/decrease) in Creek Watershed Area
Creek
Whitehurst
Jacks
Jacobs
Drinkwater
Tooley
Huddles Cut
Unnamed Tributary
to Pamlico River
Pre-Alt E
Drainage Area
(Acres)
Drainage Area
outside Alt E
(Acres)
Drainage Area
outside Amendment
(Acres)
2,168 915 955 *
528 331 336 *
495 484 384
482 479 392
498 431 408
872 655 755 *
334 209 243 *
* Drainage area increases due to land deleted from Alternate E
s
JAMES, s. HUNT Jre.
GOVERNOR

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
June 1, 2000 DIVISION OF WATER QUALITY
Mr. Jeff Furness
PPCS Phosphate, Inc
Post Office Box 48
Aurora, NC 27806
Dear Mr. Furness:
Re: Request for modification of 401 Certification
PCS Phosphate
Beaufort County
DWQ#000010, COE #198800449

In response to the Public Notice dated December 23, 1999 and the multi-aency
meetin held w
g with PCS personnel on May 24, 2000, the following items g
addressed before DWQ can take acti will need
to be
on on your proposed 401 Certification.
1 • For what purpose were the canals (mostly labeled as "ponds" on Your
1, 2000 letter) constructed? This question-is relevant for the Tar- amlicobrnary
buffer rules.
2. How would this modification effect any alternatives for any future mine
advance southward parallel to South Creek? What assurance can you provide
to DWQ that approval of this modification will not limit the choices for a
future advance?
3. Please provide documentation (in terms of percent of watershed affected) that
this modification will not effect the watersheds of the creeks draining to South
Creek?
4. Also we believe that your request to remove mine block 20 from this approval
will make this area subject to the Tar-Pamlico buffer rules for future
petting action. You should be aware of this before pursuing this
modification.
Please call me at [phone] to discuss any of these matters. Until we receive a
response, this project will remain on hold as incomplete.
Sincerel
n Dorsey
Cc: Deborah Sawyer; DW
Washington Regional
Dave Lakson; Washington Field Office Corps oOf Engineers
Central Files
File Copy
1617 MAIL SERVICE CENTER, RALEIGH, NORTH CAROLINA
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State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
May 5, 2000
MEMO
TO:
FROM
RE:
1 llkf?WAA •
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Deborah Sawyer, DWQ Washington Regional Office
Katy West, Division of Marine Fisheries - Washington Regional Office
Terry Moore, Division of Coastal Management - Washington Regional
Office
Robert Perks, Pamlico-Tar Riv r 'Foundation
John Dorn
PCS Phosphate Stream Monitoring Program - Year Two (2000) Report
Enclosed for your review and comment is the Year Two Stream Monitoring
Report from PCS Phosphate in Beaufort County. Please send any comments to Dave
Penrose at the Water Quality Lab by May 31, 2000. Thank you in advance for your
review of this report. I still have several extra copies if you think of another agency
whose review would be helpful.
Cc: Dave Penrose
David Franklin, US Army Corps of Engineers
Non-Discharge Branch Wetlands/401 Unit 1621 Mail Service Center Raleigh, North Carolina 27669-1621
Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper
#-
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
MEMO
1 ? •
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
April 27, 2000
TO: Preston Pate, DMF
Sean McKenna, DMF
Katy West, DMF
Jeff Furness, PCS Phosphate
Bill Biddlecome, Corps of Engineers
Frank McBride, W RIC
{ Steve Benton, DCM
FROM: John Dorn
RE: Meeting to discuss PCS hosphate's proposed modification to their 401
Permit and 401 Certification
The Corps and DWQ have received several comments on the proposed
modification of PCS Phosphate's 404 Permit and 401 Certification for mining expansion.
Bill Biddlecome of the Corps of Engineers and I believe that the best process to
address the issues raised is to schedule a meeting of the commenting agencies and
PCS Phosphate. Therefore you are hereby invited to a meeting in the Washington
Regional Office on Wednesday May 24 starting at 9 am to discuss these matters.
Thank you in advance for your interest and please call me at 919-733-9646 if
there are any questions. Bill Biddlecome will invite all the relevant federal agencies who
have expressed interest in this permit modification.
Cc: Deborah Sawyer, WaRO
OJennis Ramsey
Non-Discharge Branch Wetlands1401 Unit 1621 Mail Service Center Raleigh, North Carolina 27669-1621
Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer 50% recyclcd/10% post consumer paper
State of North Carolina a"
Department of Environment -
and Natural Resources
.Division of Marine Fisheries
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Preston P. Pate, Jr., Director
4 • •
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
7 January 2000
Bill Biddlecome 4 r g
Washington Regulatory Field Office /.
P.O. Box 1000>' g
Washington, NC 27889-1000 pg
??? OtlF1?? dd? ? I'4 S T q
Mr. Biddlecome
0
The North Carolina Division of Marine Fisheries (NCDMF) offers the following
comments pursuant to G. S. 113-131 on Action Item No. 198800449, modification to
USCOE Permit 199811449 PCS Phosphate Company. First, I would like to state that I
think the Corp was remiss in not directly sending the public notice, issued 23 December
1999, to the state agencies and other concerned parties that have been commenting on
this mining activity for a number of years and that the comment response period (7 January
2000) is so brief, given the time of the year.
The NCDMF objects to the proposed modification of the permit area to delete mine
block 20 and increase the width of the central portion of Alternative E for the following
reasons:
1. There is insufficient evaluation of the proposed modification. The evaluation of the
alternatives in the extensive EIS and the selection of a preferred alternative were
based on the footprint of each alternative. The proposed modification is outside of
the Alternative E permit footprint and includes a portion of Alternative B. The
USCOE was very clear in the EIS that only the included alternative boundaries, set
by USCOE and PCS, were to be considered and commented on and thus precluded
the evaluation of other alternatives. In essence the proposed modification is a new
alternative that has not gone through the same level of evaluation. Since the mining
operation is only in the third year of a 20-year permit this footprint change seems
suspect.
2. Under Alternative E the 404 wetlands would not be directly impacted until year 11.
Prior to year 11 the stream monitoring program for the inland PNAs would be in
place and used to assess the many hydrological and PNA functional uses question
that were raised during the EIS process. The NCDMF strongly objects to any
attempts to move mining activities closer to the headwaters of these creeks, which
the proposed modification does. The public notice does not include the timing of
when the "new strip" would be mined.
943 Washington Square Mail, North Carolina 27889 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post-consumer paper
3. The aspect of reducing wetland loss by deleting mine block 20 and adding the new
area is a narrow view. If the modification is granted there is nothing to preclude the
mining of block 20 in a subsequent permit application and thus the loss of the
"saved" wetlands in that block. The proposed modification allows mining of
wetlands closer to the headwaters of the PNAs sooner than it would otherwise.
These are very preliminary comments given the brief notice we received and we
request the opportunity for additional comments if the comment period is extended. - If the
USCOE decides to hold a meeting on this permit modification, please include us. Thank
you.
?Sincerely,
Katy West
District Manager
Cc: John Dorney /
943 Washington Square Mall, North Carolina 27889 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post-consumer paper
AW
PCS'
Phosphate AURORA
PCS PHOSPHATE COMPANY, INC.
P.O. BOX 48, AURORA, NC U.S.A. 27806 DIRECT [phone] FAX: [phone]
William T. Cooper, Jr.
Vice President/General Manager
Phosphate Production 6 2- 0
February 1, 2000
Mr. John Domey
Division of Water Quality
North Carolina Department of Environment and Natural Resources
4401 Reedy Creek Road
Raleigh, NC 27607
Subject: PCS Phosphate Request for Modification to
DWQ Water Quality Certification No. 3092
Dear Mr. Dorney:
PCS Phosphate Company, Inc. ("PCS Phosphate") requests modification of the North
Carolina Division of Water Quality Certification No. 3092 to delete certain areas from and add other
areas to the approved area of work for its phosphate mining operation in Beaufort County, near
South Creek and the Town of Aurora. The requested modification will affect wetlands of the type
and location as outlined below and illustrated in the enclosed map (Figure 1). The requested
modification, involving areas not yet mined, would serve the public interest by reducing wetland
impacts and allowing PCS Phosphate to mine the remaining permitted area more efficiently.
Current Certification. On May 6, 1997, the North Carolina Department of Environment
and Natural Resources, Division of Water Quality issued to PCS Phosphate Water Quality
Certification No. 3092.
Requested Permit Modification. PCS Phosphate requests that the approved area of work
be modified as follows:
(1) delete all of Mine Block 20;
(2) delete the southwestern corner of Alternative E (except for 1.1 acres needed
to accommodate future railroad location);
(3) increase the width of the central portion of Alternative E: and
(4) add 2.2 acres (1.3 acres wetland) to accommodate fixture railroad location in
southwestern corner of Alternate E.
The requested changes are illustrated in the enclosed map.

Impact Reduction. The requested modification of the permit would change the boundaries
of the approved area of work to include 17.7 fewer acres of wetlands as quantified in the enclosed
report from CZR, Incorporated. The report reflects the recent collection and analysis of 1999 biotic
communities data, as requested by the Corps of Engineers.
Additional Information. A request to modify the Department of Army Permit No.
198800449 (404 permit) has been filed and the applicable public notice has been issued. In order
to assist your office in processing this request, we have enclosed the following:
(1) a check in the amount of $475.00
(2) six copies of this letter
(3) seven copies of the materials submitted to the Corps of Engineers requesting amendment
of the Department of the Army Permit No. 198800449.
(4) seven copies of the Corps of Engineers public notice of our request for amendment of the
Department of the Army Permit No. 19880449.
As you know, PCS Phosphate Company, Inc. is a Delaware corporation whose principal
officers include William J. Doyle, Chairman, Thomas J. Regan, Jr., President, and myself, William
T. Cooper, Jr., Vice President and General Manager, Phosphate Production-Aurora. The company's
process agency is C T Corporation System, 225 Hillsborough Street, Raleigh, NC 27603. PCS
Phosphate has given me primary responsibility for the conduct of the activity for which modification
of the water quality certification is sought.
This requested modification will not affect the on-going stream monitoring as required by
the 401 Certification. According to your September 24, 1998 letter to Jeff Furness, three years of
baseline (predisturbance) data will be needed on Tooley's Creek and Huddles Cut. This
modification will not interfere with the fulfillment of this requirement.
I certify that PCS Phosphate owns the mineral rights in the lands to be included in the areas
to be mined pursuant to the requested water quality certification modification; that PCS Phosphate
has authorized the submission of this modification request; and that all information contained herein
and in support hereof is true and correct to the best of my knowledge.
We look forward to discussing the water quality certification request with you. If you have
any questions, please do not hesitate to call Jeff Furness at 252-322-8249 or Ross Smith at 252-322-
8270.
Sincerely,
(& /W? ? FZ,4 &*
William T. Cooper, Jr.
Vice President/General Manager, Phosphate Production
PCS Phosphate (Aurora)
Enclosures
cc: Mr. Roger Thorpe - DWQ, WaRO
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INCORPOR ATED

ENVIRONMENTAL CONSULTANTS
Mr. Ross M. Smith
Assistant to the General Manager of Mining Operations
PCS Phosphate Company, Inc.
1530 N.C. Highway 306 South
Aurora, NC 27806
140 INTRACOASTAL POINTE DRIVE
SUITE 301
JUPITER, FLORIDA 33477-5064
TEL [phone]
FAX [phone]
[e-mail]
11 October 1999
Re: Updated wetland biotic communities mapping in the areas involved in the proposed Alternative
E permit amendment
Dear Mr. Smith:
In August 1999, CZR Incorporated updated the wetland biotic communities mapping for the
portions of the NCPC Tract involved in the above-referenced proposed permit amendment. The
updated mapping was requested by the U.S. Army Corps of Engineers during a preliminary meeting to
discuss the proposed permit amendment. A copy of the updated map has been sent to you under
separate cover.
The updated map is based on a field reconnaissance of the areas involved in the proposed
amendment. CZR biologists visited each area and classified each habitat that was identifiable in the
field according to the same biotic communities classifications that were used in the April 1989 mapping
for the EIS baseline. An updated wetland biotic communities map was constructed using the
information from the field reconnaissance and a color aerial photograph of the NCPC Tract (Date:
December 1996, Scale: 1"=2000'). The updated map does not include any areas outside of the
proposed permit amendment areas.
The area that PCS Phosphate proposes to add to Alternative E is shown in tan on the map.
Areas that PCS Phosphate proposes to delete from Alternative E are shown in green. A table in the
lower right corner of the map shows the acreages of each wetland biotic community type in the areas
to be added to the permit and in the areas to be deleted. The table also shows the mitigation ratios
for each wetland biotic community and the mitigation acreages associated with the areas involved in
the proposed permit amendment. The permit amendment as proposed would result in a net reduction
of 17.7 acres of wetland impacts, and a net reduction of 36.5 acres of required wetland mitigation.
4709 COLLEGE ACRES DRIVE • SUITE 2 • WILMINGTON, NORTH CAROLINA 28403
TEL [phone] • FAX [phone] • [e-mail]
Mr. Ross M. Smith
11 October 1999
Page Two
Should you have any questions concerning the updated map or the information in this letter,
please do not hesitate to call Kent Karriker in the Wilmington office at [phone] or me in the
Jupiter office at [phone].
Sincerely,
TED
James M. H
President
cc: Kent Karriker
CP 1745.56

DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box
Wilmington, in 402-1890
r
Action ID No. 198800449 ??' t January 13, 2000
s
PUBLIC NOTICE
REVISION/MODIFICATION
n
PCs PHOS P?HATE COMPANY INC., Post Office Box 48, Aurora, North Carolina, 27806,
has applied fo;? request for an amendment of Department of the Army Permit Number
198800449. On August 27, 1997, The U.S. Army Corps Of Engineers Pursuant To Section 404
Of The Clean Water Act Issued To PCs Phosphate Company Inc. A Department Of The Army
Permit No. 198800449 For A Surface Mine (Open Pit) Operation To Mine Phosphate Rock
Identified As Alternative E And Described In The EIS Issued For This Project. The Permitted
Wetland Loss Is 1,263 acres And The Permit Expires On December 31, 2017. The Approved
Area Of Work Includes All Of Alternative E Except That Bottomland Hardwoods Located In
Mine Block 20 Are Excluded. PCs Phosphate Has Revised The The Proposal To:
a. DELETE ALL OF MINE BLOCK 20.
b. DELETE THE SOUTHWESTERN CORNER OF ALTERNATIVE E (EXCEPT
FOR 1.1 ACRES NEEDED TO ACCOMMODATE FUTURE RAILROAD LOCATION).
c. INCREASE THE WIDTH OF THE CENTRAL PORTION OF ALTERNATIVE E.
A public notice was issued on December 23,1999 that did not contain the map titled "Proposed
Changes For Permit Amendment" PCs Phosphate Company, Inc. dated November 29, 1999.
This Public Notice Revision/Modification includes the described map.
The following description of work is taken from data provided by the applicant in a letter dated
October 13, 1999. The proposed permit modification would change the boundaries of the
approved area of work to include 17.7 fewer acres of wetlands and would reduce wetland
mitigation requirements by 36.5 acres. The enclosed map shows the location and proposed

-3-
The District Engineer has consulted the latest published version of the National Register of
Historic Places for the presence or absence of registered properties, or properties listed as being
eligible for inclusion therein, and this worksite is not a registered property or property listed as
being eligible for inclusion in the Register. Consultation of the National Register constitutes the
extent of cultural resource investigations by the District Engineer, and he is otherwise unaware of
the presence of such resources. Presently, unknown archeological, scientific, prehistorical, or
historical data may be lost or destroyed by work under the requested permit.
The District Engineer, based on available information, is not aware that the proposed activity
will affect species, or their critical habitat, designated as endangered or threatened pursuant to the
Endangered Species Act of 1973.
The decision whether to issue a permit will be based on an evaluation of the probable impacts,
including cumulative impacts, of the proposed activity and its intended use on the public interest.
Evaluation of the probable impacts which the proposed activity may have on the public interest
requires a careful weighing of all those factors which become relevant in each particular case.
The benefits which reasonably may be expected to accrue from the proposal must be balanced
against its reasonably foreseeable detriments. The decision whether to authorize a proposal, and
if so the conditions under which it will be allowed to occur, are therefore determined by the
outcome of the general balancing process. That decision should reflect the national concern for
both protection and utilization of important resources. All factors which may be relevant to the
proposal must be considered including the cumulative effects thereof. Among those are
conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values,
fish and wildlife values, flood hazards and flood plain values (in accordance with Executive
Order 11988), land use, navigation, shore erosion and accretion, recreation, water supply and
conservation, water quality, energy needs, safety, food and fiber production, mineral needs,
considerations of property ownership, and, in general, the needs and welfare of the people. For
activities involving the placement of dredged or fill materials in waters of the United States, a
permit will be denied if the discharge that would be authorized by such permit would not comply
with the Environmental Protection Agencies' 404(b)(1) guidelines. Subject to the preceding
sentence and any other applicable guidelines or criteria, a permit will be granted unless the
District Engineer determines that it would-be contrary to the public interest.
The Corps of Engineers is soliciting comments from the public; Federal, State and local
agencies and officials; Indian Tribes and other interested parties in order to consider and
evaluate the impacts of this proposed activity. Any comments received will be considered by the
Corps of Engineers to determine whether to issue, modify, condition or deny a permit for this
proposal. To make this decision, comments are used to assess impacts on endangered species,
historic properties, water quality, general environmental effects and the other public interest
Action ID No. 198800449
APPLICANT: PCS Phosphate Company, Inc.
January 13, 2000
PCS PHOSPHATE COMPANY INC., Post Office Box 48, Aurora, North Carolina, 27806 has
applied for a request for an amendment of Department of the Army Permit Number 198800449.
On August 27, 1997, The U.S. Army Corps Of Engineers Pursuant To Section 404 Of The Clean
Water Act Issued To PCS Phosphate Company Inc. A Department Of The Army Permit No.
198800449 For A Surface Mine (Open Pit) Operation To Mine Phosphate Rock Identified As
Alternative E And Described In The EIS Issued For This Project. The Permitted Wetland Loss Is
1,263 acres And The Permit Expires On December 31, 2017. The Approved Area Of Work
Includes All Of Alternative E Except That Bottomland Hardwoods Located In Mine Block 20
Are Excluded. The Original Public Notice Was Issued On August 1, 1988. PCS Phosphate Has
Revised The Proposal To:
a. DELETE ALL OF MINE BLOCK 20.
b. DELETE THE SOUTHWESTERN CORNER OF ALTERNATIVE E (EXCEPT FOR
1.1 ACRES NEEDED TO ACCOMMODATE FUTURE RAILROAD LOCATION). :
c. INCREASE THE WIDTH OF THE CENTRAL PORTION OF ALTERNATIVE E.
The following description of work is taken from data provided by the applicant in a letter dated
October 13, 1999. The proposed permit modification would change the boundaries of the
approved area of work to include 17.7 fewer acres of wetlands and would reduce wetland
mitigation requirements by 36.5 acres. The enclosed map shows the location and proposed
changes to the original permitted area. The report reflects the recent collection and analysis of
1999 biotic communities data as requested by the Wilmington district Corps of Engineers. The
proposal is to reduce the wetland impacts for the proposal area from 162.3 acres to 144.6 acres
and to decrease the wetland mitigation from 324.6 acres to 288.1 acres. Additionally the
proposal is to increase the upland impacts from 57.7 acres to 111.5 acres within the proposal
area. These reductions and additions are illustrated in the enclosed map titled "Proposed
Changes For Permit Amendment" PCS Phosphate Company, Inc. dated November 29, 1999.
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01/28/2000 16:25 9199299421 SELCNC PAGE by
r- It
SOUTHERN ENVIRONMENTAL LAW CENTER
200 WEST FRANKLIN STREET, SUITE 330
CHAPEL HILL, NC 27516-2520
Telephone [phone] Charlottesville, VA
Facsimile 919-929-9421 Chapel Hill, NC
selcncOselcnc.org Atlanta, GA
VIA FAX AND MAIL
January 28, 2000
Mr. William J. Biddlecome ?.
Washington Regulatory Field Office
Post Office Box 1000 's
Washington, NC 27889-1000
Mr. John Domey w
North Carolina Division of Water Quality
Post Office Box 27687.
Raleigh, North Carolina 27611-7687
ke: Revision/Modification of PCS permit No. 198800449
Dear Mr. Biddlecome and Mr. D6mey:
These comments on the above-referenced permit are submitted on behalf of the Pamlico Tar
River Foundation (PTRF). For the following reasons, PTRF requests that the Corps deny the
requested amendment to the existing permit to mine phosphate in Beaufort County and that the
Division of Water Quality deny the State certification required by section 401 of the Clean Water
Act. Inclement weather and the abbreviated comment period on this amendment prevents a full
response; however, PTRF has submitted detailed comments on the previous permit application and
environmental documents and we incorporate those previous comments by reference.
PCS owns over 11,000 acres of predominantly uplands within the phosphate reserve area
w-id to the south of the existing mine site. Mine expansion in this upland area would avoid wetlands
and have less significant adverse environmental effect. Phosphate mining is not water dependent
and PCS must demonstrate that no practicable alternative exists to mining wetlands. PCS has failed
to meet this burden. Practicable alternatives that avoid special aquatic sites are available.
Consequently, the authorization to mine and destroy wetlands in the proposed amendment is
contrary to the 404(b)(1) Guidelines and must be denied.
The Corps failed to assess the proposed mining alternative in the environmental impact
statement. The Corps spent several years evaluating six mining alternatives in the environmental
impact statement prepared on the application for the permit that PCS now seeks to amend. The
amendment to the permit would result in a mine plan not evaluated by the Corps in the EIS as
required by NEPA. The Corps must at a minimum prepare a supplement to the EIS to evaluate the
new mine plan alternative. As discussed in more detail below, significant changes that must be
considered in a supplement to the EIS include the types and functions of wetlands affected by the
proposed amendment, proximity of mining to the headwaters of creeks, effect of the amended mine
140% regeled paper

01/28/2000 16:25 9199299421 SELCNC
Mr. William J. Biddlecome
Mr. John Domey
January 28, 2000
Page 2
area on economic and technical feasibility of future mine plans, and availability of imported
phosphate ore that obviates the need to mine any wetland sites.
PAGE 03
While the total acreage of wetlands within the permit amendment area (144.6 acres) is less
than the acreage of wetlands in mine block 20 that would be deleted from the permit (1671.3 acres),
the quality of wetlands affected by the proposed amendment differ significantly. Most of the
wetlands within the area that would be added by the amendment are hardwood forest wetlands (92.5
acres). Most of the wetlands that would be deleted within mine block 20 are scrub shrub wetlands
(106.3 acres). The forested wetlands have greater functions, particularly habitat value, than the
scrub wetlands. This is not reflected in the 2:1 mitigation ratios ascribed to each wetland type.
The proposed amendment would result in mining in much closer proximity to several
tributaries to South Creek. This will result in greater adverse impact to the water duality and
productivity of these important fishery nurseries. Moreover, PCS representatives have stated that
the mine advance must proceed on a 3300 foot front to be economically viable. If the amendment is
granted and the company proceeds as it has previously stated to seek authorization to return to the
south by mining the area to the east of the permitted site, a 3300 foot mane advance would result in
mining several tributaries to South Creek. The Corps has (wrongly) stated the project purpose as
"to continue mining its phosphate reserve in an economically viable fashion." FEIS 1.2. Based on
the applicant's recent statements regarding economic viability and the Corps' erroneous
acquiescence to the applicant's narrow statement of project purpose, granting this amendment sets
up future creek destruction in PCS's stated intent to mine back along South Creek.
Upon information and belief, we understand that PCS is currently, or plans shortly, to import
phosphate ore from Florida for processing at the Aurora facility. PCS also may be exploring import
of phosphate ore from Morocco. Import of ore for processing at the Aurora facility demonstrates
economic viability of this alternative to wetland destruction. The Corps and DWQ must investigate
and ascertain the use of imported phosphate ore prior to granting or certifying the requested
amendment to the mine plan.
In its previous permit application, PCS insisted on the need for a longterm (20 year) mine
plan. The Corps incorporated this horizon into the statement of project purpose and need. The
company has approximately 10 years of mining remaining on its permitted plan and this time would
be unaffected by the addition of the amendment area and deletion of mine block 20. No amendment
of the existing mine plan should be granted until the company seeks authorization for its future
mine plans (i.e., the next 20 years). Since the company has previously stated that a 20 year mine
planning horizon is essential, we expect this information is at hand. If the Corps grants the
proposed amendment it will piecemeal the permit process, affect the evaluation and feasibility of
future mine alternatives, and ignore clearly foreseeable future impacts in violation of NEPA.
01/28/2000 16:25 9199299421 SELCNC
Mir. William J. Biddlecome
Mr. John Dorney
January 28, 2000
Page 3
PAGE 04
We appreciate the opportunity to submit these comments. If you have any questions, please
feel free to call. We request that you inform us of any decision on the revision and modification.
Sincerely, ?
Derb S. Carter, Jr.
Senior Attorney
cc: Rob Perks, Executive Director PTRF'
f?
NCDENR
JAMES B. HUNTJR. -
GOVERNOR -
WAYNEMCDEVtTT
SECRETARY
CHARLES H. GARDNER
.-,.P-G-, P.E. DIRECTOR.
AND STATE GEOLOGIST
w .?
Mr. Jeffrey C. Furness
PCS Phosphate
P.O. Box 48
Aurora, North Carolina
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF LAND RESOURCES
March 28, 2000
27806
RE: Mining Permit No. 07-01
Aurora Phosphate Mine
Beaufort County
Tar - Pamlico River Basin
1)?
ev?
Ilk
Dear Mr. Furness:
APR I 0 2000
9RANCI3"GROUP
)ATER UAUTY SECTIC
..
Your request for a modification to Mining Permit No. 07-01 for
the above referenced mine in Beaufort County has been approved.
The modification is to extend the deadline for submission of the
earthworm portion of the cadmium study from April 1, 2000 to May
1, 2000. The extension is to allow your company time to work with
its consultant to finalize the report.
Please attach this approval letter to your current mining permit
document for this site for future reference. The permit number, mine
name, and expiration date will remain the same as before the
modification.
As a reminder, the permitted acreage at this site is 12,915
acres and the overall bonded acreage is 11,467 acres.
LAND QUALITY SECTION [phone] FAX [phone]
GEOLOGICAL SURVEY SECTION [phone] FAX [phone]
P.O. Box 27687, RALEIGH, NORTH CAROLINA 2761 1-7687 TELEPHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - SO% RECYCLED/10% POST-CONSUMER PAPER
t
State of North Carolina
Department of Environment,
Health, and Natural Resources
Division of Marine Fisheries
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Preston P. Pate, Jr. Director

March 24, 2000
MEMORANDUM
TO:
FROM:
SUBJ:
John Dorney
Division of Water Quality
Preston P. Pate, Jr., Director
Division of Marine Fisheries
L7EHNR
APR 7 2000
tr_ M c ION
Water Quality Management Plan
PCS Phosphate Request for Modification to DWQ - Beaufort County
I have reviewed the comments provided by the District Manager and/or Bio-Supervisor and concur with
their recommendation(s).
Director, Date
Preston P.Pate, Jr.
Deputy Director,
Miol l G. Buhl
ichael W. S ee D to
Habitat Protection Section, Section Chief
h:\permits\denials\dir.den
P.O. Box 769, Morehead City, North Carolina 28557-0769 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
State of North Carolina
Department of Environment
and Natural Resources
Division of Marine Fisheries
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Preston P. Pate, Jr., Director
MEMORANDUM
F I
0 • WA
4
AWM%
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
TO: John Dorney AIR 7 2000
Division of Water Quality WE-TTANDS
FROM: Michael W. Stre _Q LI GROUP
WATEERR UALITY SECTION
SUBJECT: Water Quality anagement Plan
PCS Phosphate Request for Modification to DWQ - Beaufort County
Attached is the Division's reply for the above referenced project. If you have any questions, please
don't hesitate to contact me.
PAW/bc
permits\ad mi n\jdcover.Itr
P.O. Box 769, Morehead City, North Carolina 28557-0769 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
State of North Carolina
Department of Environment
and Natural Resources
Division of Marine Fisheries
Pamlico District
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Preston P. Pate, Jr., Director
MEMORANDUM:
TO:
FROM:
DATE:
SUBJECT:
John Dorney
Sean McKenna
March 13, 2000
INA
1, .
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
I, ti. .
APR 7 eUrjQ
0S GRO
961120 - PCS Phospate Request for Modification to DWQ Water Quality
Certification No. 3092, Beaufort County.
The following comments by the North Carolina Division of Marine Fisheries (NCDMF)
on the subject permit are offered pursuant to G. S. 113-131. The NCDMF strongly objects to the
proposed modification, to delete mine block 20 and increase the width of the central portion of
Alternative E. We object to a Modified Water Quality Certification for No. 3092, for the
following reasons:
There is insufficient evaluation of the proposed modification. The evaluation of the
alternatives in the extensive EIS and the selection of a preferred alternative were based on
the footprint of each alternative. The proposed modification is outside of the Alternative
E permit footprint and includes a portion of Alternative B. The USCOE was very clear in
the EIS that only the included alternative boundaries, set by USCOE and PCS, were to be
considered and commented on and thus precluded the evaluation of other alternatives. In
essence the proposed modification is a new alternative that has not gone through the same
level of evaluation. Since the mining operation is only in the third year of a 20-year
permit this footprint change seems suspect.
943 Washington Square Mall, Washington, NC 27889-3532 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post consumer pape
a
2. Under Alternative E the 404 wetlands would not be directly impacted until year 11. Prior
to year 11 the stream monitoring program for the inland PNAs would be in place and
used to assess the many hydrological and PNA functional uses questions that were raised
during the EIS process. The NCDMF strongly objects to any attempts to move mining
activities closer to the headwaters of these creeks, which the proposed modification does.
The public notice does not include the timing of when the "new strip" would be mined.
3. The aspect of reducing wetland loss by deleting mine block 20 and adding the new area is
a narrow view. If the modification is granted there is nothing to preclude the mining of
block 20 in a subsequent permit application and thus the loss of the "saved" wetlands in
that block. The proposed modification allows mining of wetlands closer to the
headwaters of the PNAs sooner than it would otherwise.
_ fem.:.. ..
SM/dsd
APR 7 200Q
O s
'ATER UAL Sff,OT?

PAS
Phosphate AURORA
PCS PHOSPHATE COMPANY, INC.
P.O. BOX 48, AURORA, NC U.S.A. 27806 DIRECT: [phone] FAX: [phone]
William I Cooper, Jr.
Vice President/General Manager
Phosphate Production
February 1, 2000
Mr. John Dorney
Division of Water Quality
North Carolina Department of Environment and Natural Resources
4401 Reedy Creek Road
Raleigh, NC 27607
Subject: PCS Phosphate Request for Modification to
DWQ Water Quality Certification No. 3092
Dear Mr. Dorney:.

APR 72000
J ypf AN GROUP
4__._ UACITY SECTION

PCS Phosphate Company, Inc. ("PCS Phosphate") requests modification of the North
Carolina Division of Water Quality Certification No. 3092 to delete certain areas from and add other
areas to the approved area of work for its phosphate mining operation in Beaufort County, near
South Creek and the Town of Aurora. The requested modification will affect wetlands of the type
and location as outlined below and illustrated in the enclosed map (Figure 1). The requested
modification, involving areas not yet mined, would serve the public interest by reducing wetland
impacts and allowing PCS Phosphate to mine the remaining permitted area more efficiently.
Current Certification. On May 6, 1997, the North Carolina Department of Environment
and Natural Resources, Division of Water Quality issued to PCS Phosphate Water Quality
Certification No. 3092.
Requested Permit Modification. PCS Phosphate requests that the approved area of work
be modified as follows:
(1) delete all of Mine Block 20;
(2) delete the southwestern corner of Alternative E (except for 1.1 acres needed
to accommodate future railroad location);
(3) increase the width of the central portion of Alternative E: and
(4) add 2.2 acres (1.3 acres wetland) to accommodate future railroad location in
southwestern corner of Alternate E.
The requested changes are illustrated in the enclosed map.
,U rte.
Impact Reduction. The requested modification of the permit would change the boundaries
of the approved area of work to include 17.7 fewer acres of wetlands as quantified in the enclosed
report from CZR, Incorporated. The report reflects the recent collection and analysis of 1999 biotic
communities data, as requested by the Corps of Engineers.
Additional Information. A request to modify the Department of Army Permit No.
198800449 (404 permit) has been filed and the applicable public notice has been issued. In order
to assist your office in processing this request, we have enclosed the following:
(1) a check in the amount of $475.00
(2) six copies of this letter
(3) seven copies of the materials submitted to the Corps of Engineers requesting amendment
of the Department of the Army Permit No. 198800449.
(4) seven copies of the Corps of Engineers public notice of our request for amendment of the
Department of the Army Permit No. 19880449.
As you know, PCS Phosphate Company, Inc. is a Delaware corporation whose principal
officers include William J. Doyle, Chairman, Thomas J. Regan, Jr., President, and myself, William
T. Cooper, Jr., Vice President and General Manager, Phosphate Production-Aurora. The company's
process agency is C T Corporation System, 225 Hillsborough Street, Raleigh, NC 27603. PCS
Phosphate has given me primary responsibility for the conduct of the activity for which modification
of the water quality certification is sought.
This requested modification will not affect the on-going stream monitoring as required by
the 401 Certification. According to your September 24, 1998 letter to Jeff Furness, three years of
baseline (predisturbance) data will be needed on Tooley's Creek and Huddles Cut. This
modification will not interfere with the fulfillment of this requirement.
I certify that PCS Phosphate owns the mineral rights in the lands to be included in the areas
to be mined pursuant to the requested water quality certification modification; that PCS Phosphate
has authorized the submission of this modification request; and that all information contained herein
and in support hereof is true and correct to the best of my knowledge.
We look forward to discussing the water quality certification request with you. If you have
any questions, please do not hesitate to call Jeff Furness at 252-322-8249 or Ross Smith at 252-322-
8270.
Sincerely,
6&16(1JLAA9* FZOfe*e
William T. Cooper, Jr.
Vice President/General Manager, Phosphate Production
PCS Phosphate (Aurora)
Enclosures
cc: Mr. Roger Thorpe - DWQ, WaRO
SOUTHERN ENVIRONMENTAL LAW CENTER
200 WEST FRANKLIN STREET, SUITE 330
CHAPEL HILL, NC 27516-2520
Telephone [phone]
Facsimile 919-929-9421
[e-mail]
January 28, 2000
Mr. William J. Biddlecome
Washington Regulatory Field Office
Post Office Box 1000
Washington, NC 27889-1000
VIA FAX AND MAIL
Mr. John Dorney
North Carolina Division of Water Quality
Post Office Box 27687 .
Raleigh, North Carolina 27611-7687
0

Charlottesville, VA
Chapel Hill, NC
Atlanta, GA
=`r
Re: Revision/Modification of PCS permit No. 198800449
Dear Mr. Biddlecome and Mr. Dorney:
These comments on the above-referenced permit are submitted on behalf of the Pamlico Tar
River Foundation (PTRF). For the following reasons, PTRF requests that the Corps deny the
requested amendment to the existing permit to mine phosphate in Beaufort County and that the
Division of Water Quality deny the State certification required by section 401 of the Clean Water
Act. Inclement weather and the abbreviated comment period on this amendment prevents a full
response; however, PTRF has submitted detailed comments on the previous permit application and
environmental documents and we incorporate those previous comments by reference.
PCS owns over 11,000 acres of predominantly uplands within the phosphate reserve area
and to the south of the existing mine site. Mine expansion in this upland area would avoid wetlands
and have less significant adverse environmental effect. Phosphate mining is not water dependent
and PCS must demonstrate that no practicable alternative exists to mining wetlands. PCS has failed
to meet this burden. Practicable alternatives that avoid special aquatic sites are available.
Consequently, the authorization to mine and destroy wetlands in the proposed amendment is
contrary to the 404(b)(1) Guidelines and must be denied.
The Corps failed to assess the proposed mining alternative in the environmental impact
statement. The Corps spent several years evaluating six mining alternatives in the environmental
impact statement prepared on the application for the permit that PCS now seeks to amend. The
amendment to the permit would result in a mine plan not evaluated by the Corps in the EIS as
required by NEPA. The Corps must at a minimum prepare a supplement to the EIS to evaluate the
new mine plan alternative. As discussed in more detail below, significant changes that must be
considered in a supplement to the EIS include the types and functions of wetlands affected by the
proposed amendment, proximity of mining to the headwaters of creeks, effect of the amended mine
100% recycled paper
Mr. William J. Biddlecome
Mr. John Dorney
January 28, 2000
Page 2
area on economic and technical feasibility of future mine plans, and availability of imported
phosphate ore that obviates the need to mine any wetland sites.
While the total acreage of wetlands within the permit amendment area (144.6 acres) is less
than the acreage of wetlands in mine block 20 that would be deleted from the permit (162.3 acres),
the quality of wetlands affected by the proposed amendment differ significantly. Most of the
wetlands within the area that would be added by the amendment are hardwood forest wetlands (92.5
acres). Most of the wetlands that would be deleted within mine block 20 are scrub shrub wetlands
(106.3 acres). The forested wetlands have greater functions, particularly habitat value, than the
scrub wetlands. This is not reflected in the 2:1 mitigation ratios ascribed to each wetland type.
The proposed amendment would result in mining in much closer proximity to several
tributaries to South Creek. This will result in greater adverse impact to the water quality and
productivity of these important fishery nurseries. Moreover, PCS representatives have stated that
the mine advance must proceed on a 3300 foot front to be economically viable. If the amendment is
granted and the company proceeds as it has previously stated to seek authorization to return to the
south by mining the area to the east of the permitted site, a 3300 foot mine advance would result in
mining several tributaries to South Creek. The Corps has (wrongly) stated the project purpose as
"to continue mining its phosphate reserve in an economically viable fashion." FEIS 1.2. Based on
the applicant's recent statements regarding economic viability and the Corps' erroneous
acquiescence to the applicant's narrow statement of project purpose, granting this amendment sets
up future creek destruction in PCS's stated intent to mine back along South Creek.
Upon information and belief, we understand that PCS is currently, or plans shortly, to import
phosphate ore from Florida for processing at the Aurora facility. PCS also may be exploring import
of phosphate ore from Morocco. Import of ore for processing at the Aurora facility demonstrates
economic viability of this alternative to wetland destruction. The Corps and DWQ must investigate
and ascertain the use of imported phosphate ore prior to granting or certifying the requested
amendment to the mine plan.
In its previous permit application, PCS insisted on the need for a long-term (20 year) mine
plan. The Corps incorporated this horizon into the statement of project purpose and need. The
company has approximately 10 years of mining remaining on its permitted plan and this time would
be unaffected by the addition of the amendment area and deletion of mine block 20. No amendment
of the existing mine plan should be granted until the company seeks authorization for its future
mine plans (i.e., the next 20 years). Since the company has previously stated that a 20 year mine
planning horizon is essential, we expect this information is at hand. If the Corps grants the
proposed amendment it will piecemeal the permit process, affect the evaluation and feasibility of
future mine alternatives, and ignore clearly foreseeable future impacts in violation of NEPA.
Mr. William J. Biddlecome
Mr. John Dorney
January 28, 2000
Page 3
We appreciate the opportunity to submit these comments. If you have any questions, please
feel free to call. We request that you inform us of any decision on the revision and modification.
Sincerely,
r'll, S. (??? ? .
Derb S. Carter, Jr.
Senior Attorney
cc: Rob Perks, Executive Director PTRF
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
Mr. Jeffrey Furness
PCS Phosphate Company, Inc.
Post Office Box 48
Aurora, North Carolina 27806
Dear Mr. Furness:
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
January 7, 2000
DWQ # 000010
Beaufort County
COE #: 198800449
On 6 January, 2000 the Division of Water Quality (DWQ) was notified by receipt of a
faxed copy of the Public Notice regarding youi plan to revise/modify the existing 401 Water
Quality Certification and 404 Permit for the purpose of expanding your mine in Beaufort
County. Approval from DWQ is required to disturb these wetlands.
This application is incomplete since maps, descriptions and discussions of the modified
mine advance were not provided for our review. Therefore we cannot determine where the
modification is proposed, what purpose it would serve and which wetlands would now be
impacted or not impacted. We are also not certain whether this modification would affect the
ongoing monitoring as required by the 401 Certification.
In addition, the N.C. General Assembly enacted a new law effective January 1, 1999
which requires fees for 401 Water Quality Certifications. Since the modified project impacts
more than one acre of wetland payment $475.00 is required. Checks should be made payable to
the N.C. Division of Water Quality and sent in with the application.
Please call me at 919-733-9646 if you have any questions or would require copies of our
rules or procedural materials. This project will remain on hold as incomplete in accordance with
15A NCAC 2H .0502(c). The processing time for this application will begin when this
information is received.
e ly,
Jo y
cc: Washington DWQ Regional Office
Wilmington District Corps of Engineers
Washington Field Office Corps of Engineers
File Copy
Central Files
Wetlands/401 Unit 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper
Re: [Fwd: PCS Phosphate Public Notice for a Revision/Modification of 404 Permit]
Subject: Re: [Fwd: PCS Phosphate Public Notice for a Revision/Modification of 404 Permit]
Date: Thu, 06 Jan 2000 12:51:59 -0500
From: Coleen Sullins <Coleen. Sullins@ ncmail.net>
To: Deborah Sawyer <Deborah. Sawyer@ ncmail.net>
CC: John Dorney <[e-mail]>, Brad Shaver <Brad. Shaver@ ncmail.net>,
Roger Thorpe <[e-mail]>, Jim Mulligan <[e-mail]>
Deborah - we can send the application back as incomplete if we do not have the necessary information to
review the request. Complete to me, means all information/data required to assess the application and
make a decision. Just the paperwork with the check is NOT a complete application for any permit or
certification. Coleen
Deborah Sawyer wrote:
John,
This is what the WaRO thought. Both Brad and I figured that you nor I
received a copy of the Public Notice. DCM, DLR, and DMF at WaRO never
received a copy either. Yesterday, someone from the COE office hand
delivered a copy to the DCM. This looks like a COE oversight. Roger and
I are of the same opinion that this modification needs much more
consideration. PCS Phosphate told us that they would be asking for
additional area to mine shortly after the 404 was issued. Looks like
they kept their word. I.11 try to Fax you a copy of what we have.
Coleen,
We agree. To send the application back is much better if we can. I don't
like HOLDS either. They tend to stack up. If the application pkg. is
complete (check and all) can we send it back for lack of data or do we
have to accept the appl. pkg. as complete but on hold for add. info.?
Let me know what you think.
Deborah
Subject: Re: PCS Phosphate Public Notice for a Revision/Modification of 404
Permit
Date: Thu, 06 Jan 2000 07:33:08 -0500
From: John Dorney <[e-mail]>
To: Deborah Sawyer <Deborah. Sawyer@ ncmail.net>
CC: Coleen Sullins <[e-mail]>,
Brad Shaver <Brad. Shaver@ ncmail.net>,
Dennis Ramsey <[e-mail]>,
Jim Mulligan <[e-mail]>,
Roger Thorpe <[e-mail]>,
Greg Thorpe <[e-mail]>
References: <[e-mail]> <[e-mail]>
we have no record of this application - therefore the division has not received a request for 401
certification (according to rules has to be received in director's office in raleigh). please send me a copy
and i will send letter to coe and applicant to figure out what is going on. thankx
1 of 2 01/06/2000 1:47 PM
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
Washington Regulatory Field Office
P.O. Box 1000
Washington, North Carolina 27889-1000
IN REPLY REFER TO
January 14, 2000
Regulatory Division
Action ID No. 198800449
Mr. John Dorney
Division of Water Quality
North Carolina Department of Environment
and Natural Resources
Wetlands and Aquatic Plants
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Dear Mr. Domey:
6)C)C) 0ld
14,41 Il(pkv'

?rT
PCS Phosphate Company Incorporated., Post Office Box 48, Aurora, North Carolina 27806,
has applied for a request for an amendment of Department of the Army (DA) Permit Number
198800449 and a State Water Quality Certification. PCS Phosphate has revised the proposal to
delete all of mine block 20, delete the southwestern corner of alternative E (except for 1.1 acres
needed to accommodate future railroad location), and increase the width of the central portion .
of alternative E. The proposed permit modification would change the boundaries of the
approved area of work to include 17.7 fewer acres of wetlands and would reduce wetland
mitigation by 36.5 acres.
We are considering authorizing the proposed activity pursuant to Section 404 of the Clean
Water Act, and we have determined that a water quality certification is required under the
provisions of Section 401 of the same law. A Department of the Army permit will not be
granted until the certification has been obtained or waived.
Please be advised that we are proceeding with a 15 day public notice process. In accordance
with our administrative regulations, in most cases, 60 days after receipt of a request for
certification is a reasonable time for State action. Therefore, if you have not acted on the request,
or asked for an extension of time, by March 14, 2000, the District Engineer will deem that waiver
has occurred.
-2-
Questions or comments may be addressed to Mr. Bill Biddlecome of the Washington
Regulatory Field Office, telephone [phone], extension 27.
Sincerely,
a4w. UL4
David M. Lekson, P.W.S.
Regulatory Field Office Manager
Copy Furnished:
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of Environment,
Health and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687

DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID No. 198800449
PUBLIC NOTICE
REVISION/MODIFICATION
r.
December 23, 1999
9?-- 100
PCS PHOSPHATE COMPANY INC., Post Office Box 48, Aurora, North Carolina,
27806, has applied for a request for an amendment of Department of the Army Permit Number
198800449. On August 27, 1997, The U.S. Army Corps Of Engineers Pursuant To Section
404 Of The Clean Water Act Issued To PCS Phosphate Company Inc. A Department Of The
Army Permit No. 199811449 For A Surface Mine (Open Pit) Operation To Mine Phosphate
Rock Identified As Alternative E And Described In The EIS Issued For This Project. The
Permitted Wetland Loss Is 1,263 acres And The Permit Expires On December 31, 2017. The
Approved Area Of Work Includes All Of Alternative E Except That Bottomland Hardwoods
Located In Mine Block 20 Are Excluded. PCS Phosphate Has Revised The The Proposal To:
a. DELETE ALL OF MINE BLOCK 20.
b. DELETE THE SOUTHWESTERN CORNER OF ALTERNATIVE E (EXCEPT
FOR 1.1 ACRES NEEDED TO ACCOMMODATE FUTURE RAILROAD LOCATION).
c. INCREASE THE WIDTH OF THE CENTRAL PORTION OF ALTERNATIVE E.
The following description of work is taken from data provided by the applicant in a letter dated
October 13, 1999. The proposed permit modification would change the boundaries of the
approved area of work to include 17.7 fewer acres of wetlands and would reduce wetland
mitigation requirements by 36.5 acres. The enclosed map shows the location and proposed
changes to the original permitted area. The report reflects the recent collection and analysis of
1999 biotic communities data as requested by the Wilmington district Corps of Engineers. The
proposal is to reduce the wetland impacts for the proposal area from 162.3 acres to 144.6 acres
and to decrease the wetland mitigation from 324.6 acres to 288.1 acres. Additionally the
3
-3-
otherwise unaware of the presence of such resources. Presently, unknown archeological,
scientific, prehistorical, or historical data may be lost or destroyed by work under the
requested permit.
The District Engineer, based on available information, is not aware that the proposed
activity will affect species, or their critical habitat, designated as endangered or threatened
pursuant to the Endangered Species Act of 1973.
The decision whether to issue a permit will be based on an evaluation of the probable
impacts, including cumulative impacts, of the proposed activity and its intended use on the
public interest. Evaluation of the probable impacts which the proposed activity may have on
the public interest requires a careful weighing of all those factors which become relevant in
each particular case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The decision whether
to authorize a proposal, and if so the conditions under which it will be allowed to occur, are
therefore determined by the outcome of the general balancing process. That decision should
reflect the national concern for both protection and utilization of important resources. All
factors which may be relevant to the proposal must be considered including the cumulative
effects thereof. Among those are conservation, economics, aesthetics, general environmental
concerns, wetlands, cultural values, fish and wildlife values, flood hazards and flood plain
values (in accordance with Executive Order 11988), land use, navigation, shore erosion and
accretion, recreation, water supply and conservation, water quality, energy needs, safety, food
and fiber production, mineral needs, considerations of property ownership, and, in general, the
needs and welfare of the people. For activities involving the placement of dredged or fill
materials in waters of the United States, a permit will be denied if the discharge that would be
authorized by such permit would not comply with the Environmental Protection Agencies'
404(b)(1) guidelines. Subject to the preceding sentence and any other applicable guidelines or
criteria, a permit will be granted unless the District Engineer determines that it would be
contrary to the public interest.
The Corps of Engineers is soliciting comments from the public; Federal, State and local
agencies and officials; Indian Tribes and other interested parties in order to consider and
evaluate the impacts of this proposed activity. Any comments received will be considered by
the Corps of Engineers to determine whether to issue, modify, condition or deny a permit for
this proposal. To make this decision, comments are used to assess impacts on endangered
species, historic properties, water quality, general environmental effects and the other public
interest factors listed above. Comments are used in the preparation of an Environmental
Assessment (EA) and/or an Environmental Impact Statement (EIS) pursuant to the National
Environmental Policy Act (NEPA). Comments are also used to determine the need for a
public hearing and to determine the overall public interest of the proposed activity.
1
r
Action ID No. 198800449
APPLICANT: PCS Phosphate Company, Inc.
December 23, 1999
PCS PHOSPHATE COMPANY INC., Post Office Box 48, Aurora, North Carolina, 27806
has applied for a request for an amendment of Department of the Army Permit Number
198800449. On August 27, 1997, The U.S. Army Corps Of Engineers Pursuant To Section
404 Of The Clean Water Act Issued To PCS Phosphate Company Inc. A Department Of The
Army Permit No. 199811449 For A Surface Mine (Open Pit) Operation To Mine Phosphate
Rock Identified As Alternative E And Described In The EIS Issued For This Project. The
Permitted Wetland Loss Is 1,263 acres And The Permit Expires On December 31, 2017. The
Approved Area Of Work Includes All Of Alternative E Except That Bottomland Hardwoods
Located In Mine Block 20 Are Excluded. The Original Public Notice Was Issued On August
1, 1988. PCS Phosphate?Has Revised The Proposal To:
a. DELETE ALL OF MINE BLOCK 20.
b. DELETE THE SOUTHWESTERN CORNER OF ALTERNATIVE E (EXCEPT FOR
1.1 ACRES NEEDED TO ACCOMMODATE FUTURE RAILROAD LOCATION).
c. INCREASE THE WIDTH OF THE CENTRAL PORTION OF ALTERNATIVE E.
The following description of work is taken from data provided by the applicant in a letter dated
October 13, 1999. The proposed permit modification would change the boundaries of the
approved area of work to include 17.7 fewer acres of wetlands and would reduce wetland
mitigation requirements by 36.5 acres. The enclosed map shows the location and proposed
changes to the original permitted area. The report reflects the recent collection and analysis of
1999 biotic communities data as requested by the Wilmington district Corps of Engineers. The
proposal is to reduce the wetland impacts for the proposal area from 162.3 acres to 144.6 acres
and to decrease the wetland mitigation from 324.6 acres to 288.1 acres. Additionally the
proposal is to increase the upland impacts from 57.7 acres to 111.5 acres within the proposal
area. These reductions and additions are illustrated in the enclosed map titled "Proposed
Changes For Permit Amendment" PCS Phosphate Company, Inc. dated November 29, 1999.
DWQ/WARD

Fax:[phone] Jan 6 '00 10:20 P.01
DIVISION OF WATER QUALITY
WASHINGTON REGIONAL OFFICE
WASHINGTON, N.C. 27889
Phone: [phone] FAX: [phone]
TO:
7 3 ,5-
FAX NO. CIP3
FROM:
DATE:
# OF PAGES (INCLUDING COVER):
n
COMMENTS:
943 Washington Square Mali, Washington, NC 27889

DWQrWARO
Fax : [phone] Jan 6 '00 10:20 P.02
DEPARTMENT OF THE ARMY
Wilmington Disuic Corps of Fine=
Post Off ce Box 1890
Wilmington, North Carolina 28402-1890
Action ID No. 198800449
PUBLIC NOT"!
ODIFICAT70N
REVI SYRON
December 23, 1999
PCS PHOSPHATE COMPANY INC., Post Office Box 48, Aurora, North Carolina,
27806, bas applied for a request for an amp of Department of the Anny Permit Number
198800449. On August 27, 1997, The i!' .S. Army Corps Of Engineers Rusoant To Section
404 Of The Clean Water Act Issued To"PCS Phospbate Company Inc. A Deparbnent Of The
Army Permit No. 199811449 For A Surface Mine (Open Pit) Operation To Mime Phospbate
Rock Identied As Alternative E And Described In 'T'he EIS Issued For This Project. The
Permitted Wetland Loss is 1,263 acres And The Permit Expires On December 31, 2017. The
Approved Area Of Work Includes Alt Of Ahamati've E Except That Bonombmd Hardwoods
Located In MW Block 20 Are Exchuled. PCS Phospbate Has Revised The 7be Proposal To:
a. DE= ALL OF MINE BLOCS 20.
b. DELETE THE SOU1HVk-STERN CORNER OF ALTERNATIVE E-(EXCEPT
FOR 1.1 ACRES NEEDED TO ACCOMMODATE FUTURE RAILROAD LOCATION).
c. INaREASE THE WIDTH OF THE CENTRAL PORTION OF ALTERNATIVE E.
The following description of work is taken from data provided by the applicant ion. a leftr dated
October 13, 1999. The proposed perm* modification would change the boundaries of the..
approved area of work to inchide 17.7 fewer acres of weflauds and would reduce wetland.
mitigation requireme9ft by 36.5 acres. The enclosed map shows the location and proposed
cbanges to the original permitted area. The report reflects the recent collection, and analysis of
1999 biotic communities data as requested by the Wilmington district Corps of Enginf=- The
proposal is to reduce the wetland impacts for the proposal area from 162.3 acres to 144.6 acres
and to de= ease the wetland miti?ahon from 324.6 acres to 288.1 acres. Additi0Mlly the
DWQ/WARO Fax: [phone]
Jan 6 '00 10:20 P.03

-2-
ups iopa= from 57.7 acres to 111.5 acres withiD the proposal
the
proposal is to a
ons are illustrated in the cW10sed VIV titled "Proposed
area. es IFa or reductions
Amenanddmadd?erPCS Phospbate Company. b)c• dated November 29, 1999.
Ghanges F
This proposal shall be reviewed for the applicability of other actions by North Carolina
agencies such as-
a. 'The issuance of a Water Qom.' Czrtlfication under Section 401 of the Clean Water
Act by the North Carolina Division of Water Quality NCD'WQ)-
b. The issuance of a permit to dredge and/or fill under North Carolina General Stature
113-229 by the North Carolina Division of Coastal Management (NCDC O.
.
c. The Lmunoe of a perant under the North Carolina Coastal gc n Acl
(CAMA) by the North Carolma Division of Coastal Management:
d. The issuaixe of an easemul to ill or otherwise ?accVy State-owned submerged land
under North Carolina Ge=ed SwDte 143-341(4), 146-6, 146-11, and 146-12 by the North
Carolina Depar=em of Ad 0A (NCDA) and the North Mina Council of State.
e, The approval of an Erosion and Sedition Control plan by the Land Quality
Sect m North Carolina Division of Land Resources (NCDI. R), pursuant to the State.
SedimeMdon Pollution Control Act of 1973 (NC C; _S. 113 A-50-W.
,nn requested DepaMat of the Army (DA) pew will be denied if any required S= or
local andwrization and/or cerd?on is denied. No DA permit-will be issued vndl a State
n?es are
coordinated viewpoint is received and reviewed by this agency' RecipleM of b 1he above is notice
e rnuaged to furnish Comments on factors of concern represented by
directly to tbo respective agegcy, with a copy wished to the Corps of TEngineets.
, . Water
This public notice revision being considered purmant to Section 404 of the Clean
Act (33 U.S.C. 1344)• Any P est, m' writing whWu the aommor , pert
ew '
the notice, that a public bMi[I S be rield to consider this revision. Requests; for
specified in
public bearing. shall state, with pV&Warity, the reasons for holding a public hearing.
aser of
National
DStrrtp
ngb= bas consnited the latest published version of the listed
Histode places for the prey or absea= of registered properties, or PrOPerties -- as
being clig*ble for ?lvsian ,cad tbas worksite is not a registered property or proPen9
!Aed being eligxble for inclusion j,, tb, Register. Consultation of the National aud gir
gineer,
constiwbes the extent of culuual resource investigations by the District En

DWQ/WARO Fax:[phone] Jan 6 '00 10:20 P.04
-3-
o*erarise unaware of the presence of such resources- Presently, unlmown archeological,
data may be lost or destroyed by work under the
sc3enorific, premm, or bistvTiaal.
The District F?gnepr, based on 'available inf(rnoation, is not aware that the proposed tened
qty will affect species, or their critical habitat, designated as endangend or three
pursaatrt to the Endangered Species Act of 1973-
The derision whether io issue a Permit will be based on an evaluation of the probable
impacts, inchWing cumulative impacts: of the proposed activity and its intended use on the
public interest- Evaluation of the probable imparts which the proposed activity may have on
the public barest requires a eareM w6*ft of all those factors wbich become relevant in
each mar case. The benefrts wbwh reasonably may be expected to accrue from rite
proposal must be balanced agablSt its reasmably foreseeable detrituenm The decision wherber
to authorize a proposal, and if so the. conditions 'under which it will be allowed to occur, are
therefore deterinmed by rho outcome of the $em2l.ba ancing per- Meat decision should
re the 3a ,,W concern for both Mtczdm and willudon of =po twj.xesotn=. All'
factors which may be relevant to the proposal must be considered including the cumulative
effa is thereof. Among those are conservatiop, economics; aesthete, geiieral envlrarn0aentxl
concerns, wetlands, cultural values, fish and wildlife values, flood hazards and flood plain
values Cm accordance with acautive Order 11998), Und.use. navigation, sbme erosion and
accretion, recreation, water supply and conservation. water quality, ?'?' needs ? &-&W, food
and fiber pion, mineral nueeds, considerations of propertY ownership, and, in general, the
needs and welfare of the people. For activities involving ft placuwnt of dredged or fill
matsaials in waters of the United Suws, a pest will be denied if the disebarge that would be
authorized by such; permitwould not comply with the Environmental Protection Agent,
404(b)(1) guidelines- Subject to the preceding se and any other applicable guidelines or
criteria, a permit will be grant wniess The Distaict Fagmus dew that it world be
con mty to the public interest.
The Corps of EE6&W rs is soliciting oommes flom the public; Federal, State and local
agencies and officials; Indian Tn`bes and other interested parties in order to consider and
aluate the =pactS of this proposed activity. Any comments received will be comdered by
tthhe Corps of E to demmiue whether to ism=, modify, condition or deity a permit for
this proposal. To matte ibis decision, commas am used to assess impacts on endangered
species, historic properties, water quaM3', gmeral enviro effects and the other public
ind3erest factors listed above. Commeats are used in the preparation of au Euvuv
Assessment (EA) aANor an Env ? Imps Statement (S) p to the rational.
Environmental Poiicy Act (NBPA). Comm=u are also used t0 determiM the need for a
public hearing and to determine the. overall, public M=est of the proposed activity.

DWQ/WRRO Fax :[phone] Jan 6 '00 10:21 P.05

-4-
Generally, the decision whether to issue this DeparaM= of the Army (JDA) permit cv not
be made until the North Carolina Division*of Water, Quality (NCDWQ) issues; denies; or
waives State certffication reTnred by Section 401 of the Clean Water AM .1 The•NCDWQ
considers wbed er or not the proposed actiMi will comply with Sectious'301, 302, • 306, and
307 of the Clean Water Am .-.Tbe application: and this public notice for the DA permit sems
as application to the NCDWQ for omf&adon: _
Additional information. regarding the Clean Water Art certification may be reviewed
at the offices of the Environmental Operadons Section, North Carolina Division of Water
Quality (NCDWQ), Salisbury S4= . Archdale Blinding, RaleiAX North Carojba. ' Copies
of such materials will. be itanished to any person. requesting copies upon'Payn?enE-
reprodtion costs.
All parsons desiring to make comments regarding the application for Clem Watts Act
ccrtificatim should. do so in wriq 'og delivered to the North Carolina •Divisioa of Wa=`Quatrty
.
(NCDWQ), Post Office Box 27687, Ralieigh, North Carolinla ; 276117687, on or before-.
Immm T 7, 20009 Atxendoa: Mr. John la=q.
Wrdften oommems perdUent to the proposed work, a's owed above, vM be .
received in this of lce, Aftentiow - WMiam J. BiddhMne;. Wad onOw Regaldory Field
Offoe, post Office Boa 10001, Wasbftgton, Nw* Caro33na 27M 1000,'vnr R 4:15 pm.,
January .7, 2000, or telephone [phone], eAendon 27.
DWQ/WARO
• ? .,NS o v ? is o
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Fax:[phone]
Jan 6 ' 00 10:21

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PCs . 6 1 2 0
Phosphate AURORA
PCS PHOSPHATE COMPANY, INC.
P.O. BOX 48, AURORA, NC U.S.A. 27806 DIRECT: [phone] FAX: [phone]
William T. Cooper, Jr.
Vice President(General Manager
Phosphate Production
October 13, 1999
Dr. G. Wayne Wright
Chief, Regulatory Branch
Wilmington District Corps of Engineers
P.O. Box 1890
Wilmington, North Carolina 28402-1890
Subject: PCS Phosphate Request for Amendment of DOA Permit No. 198800449
Dear Dr. Wright:
PCS Phosphate (PCS) requests modification of the Department of the Army Permit No.
198800449 to delete certain areas from and add other areas to the approved area of work. The
requested modification would serve the public interest by reducing wetland impacts and allowing
PCS to mine the remaining permitted area more efficiently.
Current Permit. On August 14, 1997, the U.S. Army Corps of Engineers ("Corps"),
pursuant to Section 404 of the Clean Water Act, issued to PCS a Department of the Army Permit No.
198800449 for "a surface mine (open pit) operation to mine phosphate rock identified as Alternative
E and described in the EIS issued for this project." The permitted wetlands loss is 1,263 acres. The
permit expires December 31, 2017. The approved area of work includes all of Alternative E except
that bottomland hardwoods located in Mine Block 20 are excluded.
Requested Permit Modification. PCS requests that the approved area of work be modified
as follows:
(1) delete all of Mine Block 20;
(2) delete the southwestern corner of Alternative E (except for 1.1 acres needed
to accommodate future railroad location); and
(3) increase the width of the central portion of Alternative E.
The requested changes are illustrated in the enclosed map, Figure 1. This amendment will not affect
the expiration date of the existing permit.

Permit Modification Procedures and Criteria. The Corps rules provide specifically for
permittees to obtain permit modifications by informal consultation and mutual agreement between
the permittee and the Corps, as follows:
Upon request by the permittee..., the district engineer may determine that the public
interest requires a modification of the terms or conditions of the permit. In such
cases, the district engineer will hold informal consultations with the permittee to
ascertain whether the terms and conditions can be modified by mutual agreement. If
a mutual agreement is reached on modification of the terms and conditions of the
permit, the district engineer will give the permittee written notice of the modification,
which will then become effective on such date as the district engineer may
establish.-The district engineer shall consult with resource agencies ' before
modifying any permit terms or conditions, that would result in greater impacts, for
a project about which that agency expressed a significant interest in the term,
condition, or feature being modified prior to permit issuance. 33 CFR 325.7(b).
Impact Reduction. The requested modification of the permit would change the boundaries
of the approved area of work to include 17.7 fewer acres of wetlands and would reduce wetland
mitigation requirements by 36.5 acres as quantified in the enclosed report from CZR, Incorporated.
The report reflects the recent collection and analysis of 1999 biotic communities data as requested
by the Wilmington District.
Analysis. The modification requested by PCS serves the public interest by reducing wetland
impacts while simultaneously adjusting the configuration of the remaining approved area of work
to allow for more efficient mining. The required process for the modification requested by PCS is
limited to informal communications between the Wilmington District and PCS. The informal
process is especially appropriate because the scope of the permitted activity -- mining in wetlands
-- will be reduced, rather than "significantly increased." 33 CFR 325.7(a). Notably; the Corps rules
do not require consultation with any resource agency for the requested modification because the
modification would result in a reduction in impacts. The only reference in 33 CFR 325.7 to public
participation is the opportunity of a permittee to request a public hearing, which opportunity PCS
expressly declines. Otherwise, 33 CFR 325.7 does not require or even provide for public notice.
Conclusion. We believe the requested permit amendment can and should be granted based
on informal consultations between PCS and the Corps. We look forward to discussing this request
with you. If you have any questions please do not hesitate to call Ross Smith at 252-322-8270.
Sincerely,
William T. Cooper, Jr.
Vice President/General Manager, Phosphate Production

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ZR 140 INTRACOASTAL POINTE DRIVE
SUITE 301
INCORPORATED
'JUPITER, FLORIDA 33477-5064
ENVIRONMENTAL CONSULTANTS TEL [phone]
FAX [phone]
[e-mail]
11 October 1999
Mr. Ross M. Smith
Assistant to the General Manager of Mining Operations
PCS Phosphate Company, Inc.
1530 N.C. Highway 306 South
Aurora, NC 27806
Re: Updated wetland biotic communities mapping in the areas involved in the proposed Alternative
E permit amendment
Dear Mr. Smith:
In August 1999, CZR Incorporated updated the wetland biotic communities mapping for the
portions of the NCPC Tract involved in the above-referenced proposed permit amendment. The
updated mapping was requested by the U.S. Army Corps of Engineers during a preliminary meeting to
discuss the proposed permit amendment. A copy of the updated map has been sent to you under
separate cover.
The updated map is based on a field reconnaissance of the areas involved in the proposed
amendment. CZR biologists visited each area and classified each habitat that was identifiable in the
field according to the same biotic communities classifications that were used in the April 1989 mapping
for the EIS baseline. An updated wetland biotic communities map was constructed using the
information from the field reconnaissance and a color aerial photograph of the NCPC Tract (Date:
December 1996, Scale: 1"=2000'). The updated map does not include any areas outside of the
proposed permit amendment areas.
The area that PCS Phosphate proposes to add to Alternative E is shown in tan on the map.
Areas that PCS Phosphate proposes to delete from Alternative E are shown in green. A table in the
lower right corner of the map shows the acreages of each wetland biotic community type in the areas
to be added to the permit and in the areas to be deleted. The table also shows the mitigation ratios
for each wetland biotic community and the mitigation acreages associated with the areas involved in
the proposed permit amendment. The permit amendment as proposed would result in a net reduction
of 17.7 acres of wetland impacts, and a net reduction of 36.5 acres of required wetland mitigation.
4709 COLLEGE ACRES DRIVE • SUITE 2 • WILMINGTON, NORTH CAROLINA 28403
TEL [phone] • FAX [phone] • [e-mail]
1,
Mr. Ross M. Smith
11 October 1999
Page Two
Should you have any questions concerning the updated map or the information in this letter,
please do not hesitate to call Kent Karriker in the Wilmington office at [phone] or me in the
Jupiter office at [phone].
Sincerely,
`, Gi INCORP ATED
James M. H g ns
President
cc: Kent Karriker
CP 1745.56
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e-'

sr