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HomeMy WebLinkAbout20111013 Ver 2_Public Notice Comments_20130307Strickland, Bev From: Karoly, Cyndi Sent: Thursday, March 07, 2013 2:19 PM To: Strickland, Bev Subject: FW: hearing in Vanceboro From: Belnick, Tom Sent: Thursday, March 07, 2013 1:39 PM To: Karoly, Cyndi; Adams, Amy; Poupart, Jeff Cc: Rawls, Paul; Stecker, Kathy; Parker, Michael Subject: FW: hearing in Vanceboro Link to Tar Pam Riverkeeper for their take on proposed quarry. • • • I I I • NCDENR/Division of Quality #,,19-807-6390 From: Chernikov, Sergei Sent: Thursday, March 07, 2013 12:31 PM To: Belnick, Tom Subject: hearing in Vanceboro Tom, Below is the link I promised, there is information about upcoming hearing. http : / /Ptrf.org /proposedmine.php Sergei Chernikov, Ph.D. Environmental Engineer II Complex Permitting Unit Phone: 919 - 807 -6393, fax 919 - 807 -6495 1617 Mail Service Center Raleigh, NC 27699 -1617 Express mail: 512 North Salisbury St. Raleigh, NC 27606 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. Pamlico -Tar River Foundation I A Voice for the River Since 1984 Page 1 of 5 Hol 1161_W f f IN A✓W—V PT` JOIN � r'(Jrq -1 A0- L 9 UC"A-n0W r r PI`S '� K OAPTWc' R • r Proposed Martin Marietta Mine in Beaufort County * *New Update ** laackgroanol Martin Marietta Materials, Inc has applied for state and federal permits to develop a new 50 -year open pit marine limestone mine in southern Beaufort County, east of Vanceboro, within the Blounts Creek watershed. The company will impact 6.69 acres of wetlands and 11 miles of jurisdictional waters. Up to 12 million gallons per day of Castle Hayne groundwater and stormwater will be pumped from the open mine pit and discharged into 2 locations in upper Blounts Creek. The estimated drawdown (or cone of depression) of the Castle Hayne aquifer (Beaufort County's drinking water supply) is at least 5 feet for up to 6 -7 miles, impacting as many as 195 wells belonging to local families and landowners. The mine is located within the cone of depression of the Potash Aurora phosphate mine. Martin Marietta was issued a mining permit from the Division of Land Resources. Permits are still pending from the NC Division of Water Quality for water and wetland impacts and for the wastewater discharge. A water withdrawal permit is also pending from the NC Division of Water Resources. A public hearing is scheduled for Thursday, March 14, 2013 at the Beaufort County Community College. PUBLIC HEARING DETAILS When: Thursday, March 14, 7:00 pm (doors open at 6:00 for speaker registration) Where: Beaufort County Community College, Building 8- Auditorium 5337 Highway 264 East, Washington, NC 27889 What: To solicit public comments on the 401 Water Quality Certification (for impacts to wetlands and waters) and the NPDES wastewater discharge permit. WHAT YOU CAN DO: • Attend the public hearing and voice your concerns • Write a letter to the editor to the Washington Daily News • Inform and educate your neighbors and your elected officials • Submit written comments to the Division of Water Quality • Support the efforts of PTRF to fight for the protection of Blounts Creek Help pis r*,, f frr prdeci 1,31011 lis crvA oirl or, dxiab� t) TTFT fodayl 1� Points: • Blounts Creek is an important recreational resource for Beaufort County. • Blounts Creek is a brackish creek (mix of salt and fresh water) system and an important aquatic nursery area for numerous fish species. As noted by the NC Division of Marine Fisheries, Blounts Creek supports dense submerged aquatic vegetation (SAV) beds, critical habitat for fish and other aquatic life. • The federal Clean Water Act requires that only the Least Environmentally Damaging Practical Alternative may be permitted (for the 401/404 permit). MMM has a burden of proof to state that other alternatives that eliminate or reduce the discharge to Blounts Creek and the associated negative impacts are impracticable. They have not done that. • The approval of a NPDES Discharge permit is in violation of state law. The discharge, which constitutes large volumes of groundwater, would significantly raise the pH of the stream system, a change that is not allowable under NC water quality regulations. Such a change in the water chemistry would result in a change in aquatic species (e.g. fish and aquatic insects) that could survive in those waters. State law is clear that it does not allow a discharge of waste to change the species composition of a stream from its natural state. • The proposed discharge will change the nature of the upper creek by changing water flow, salinity, pH and the stability of the stream bank. These changes will impact all life stages of fish as well as change the prey for these fish. • The mine will not be consistently discharging the same amount of water thereby causing the pH levels to swing up and down depending on their mining activity, and the demand for their product. This constant changing pH level and flow will not provide a good habitat for fish and other aquatic species. • For its application, Martin Marietta conducted only 1 day offish sampling during the wrong time of year, then stated that no anadramous juvenile fish species (like herring, striped bass, etc) were found. Sampling should have been conducted seasonally or at a minimum sampled in June or July when these species are most likely to be present in the Creek. http : / /ptrf.org /proposedmine.php 3/7/2013 Pamlico -Tar River Foundation I A Voice for the River Since 1984 Page 2 of 5 • The land is being leased from Weyerhaeuser. Reclamation plans indicate that a large lake will be left at the end of the life of mine. However, there is no information or analysis on impacts to Blounts Creek once the wastewater discharge has ceased. February 21 Update - PTRF to Request Denial of NPDES Permit After reviewing the draft NPDES discharge permit for the proposed Martin Marietta Materials limestone mine in Beaufort County, PTRF believes that approval of any permit is in violation of North Carolina law. The draft permit would allow the company to discharge 12 million gallons per day of co- mingled wastewater and stormwater to two locations in upper Blounts Creek. The result is a dramatic change in the chemical balance of the stream system. The discharge, which constitutes large volumes of groundwater, would significantly raise the pH of the stream, a change that is not allowable under NC water quality regulations. Such a change in the water chemistry would result in a change in aquatic species (e.g. fish and aquatic insects) that would not survive in those waters. State law does not allow discharges that change the species composition of a stream from its natural state. The company may argue that such a change is beneficial, but state laws are in place in order to preserve the natural balance of an ecosystem. Upper Blounts Creek is naturally occurring and designated swamp water, which means a slow water flow for the majority of the time and creates a PH that is naturally very acidic. This acidity (low pH) allows for a unique ecosystem, where certain fish and insects can survive and thrive. Changes to pH and flow, that would occur if the mine were permitted to operate, would result in great harm to all life stages of fish, insects, and plants. We are diligently collecting scientifically sound, long -term data and information to back -up our position and our work to protect Blounts Creek. We need your help. Please consider joining PTRF if you are not already a member, and if you are, please consider making a donation today. We need you to be present at the public hearing and for you to communicate your concerns with your neighbors and elected official. They need to hear from you. Your support is critical. Hearing details: When: Thursday, March 14, 7:00 pm (doors open at 6:00 for speaker registration) Where: Beaufort County Community College, Building 8- Auditorium, 5337 HWY 264 E, Washington, INC February Update - Public Hearing Date Set The Division of Water Quality has issued a draft discharge permit for the proposed Martin Marietta limestone mine located in Beaufort County. The company proposes to discharge up to 12 million gallons per day of groundwater and stormwater into upper Blounts Creek. The release of the draft permit by DWQ does not necessarily mean that the agency will issue the permit; it is part of the process that initiates the public comment period. View the official public notice here. DWQ also set the public hearing date for Thursday, March 14. It is imperative that you be present at this hearing. This is the public's opportunity to voice their concerns and provide comments. Written comments are also accepted until the date of the public hearing. The public hearing is to hear concerns regarding two permits: 1) a NPDES discharge permit, to discharge an average of 12 MGD to upper Blounts Creek and 2) a 401 water quality certification for impacts to wetlands and streams. Hearing details: When: Thursday, March 14, 7:00 pm (doors open at 6:00 for speaker registration) Where: Beaufort County Community College, Building 8- Auditorium, 5337 Highway 264 East, Washington, INC 27889 Documents and background: Draft wastewater discharge permit from the Division of Water Quality Fact Sheet from the Division of Water Quality Written comments may be sent via regular mail to: N.C. Division of Water Quality, Wetlands and Stormwater Branch Attn: Cyndi Karoly 1650 Mail Service Center Raleigh, NC, 27699 -1650 Cyndi.Karoly@ncdenr.gov Comments may also be hand - delivered to the physical location of the DWQ Central Office at Room 826T, 512 N. Salisbury St., Raleigh, NC, 27604, or the DWQ Washington Regional Office at 943 Washington Square Mall, Washington, North Carolina, 27889, Attn: Amy Adams (phone 252- 946 - 6481). Please be sure to identify the Vanceboro Quarry project in the subject line of your correspondence. PTRF will provide talking points as soon as we complete our evaluation of the company's technical memos. We will also post comments from other resource agencies as soon as we receive them. If you have questions or concerns, please don't hesitate to call or email. As a side note, our RIVERKEEPER(R) will be on maternity leave until March 18, working only a few hours each week. If you have questions or need information during her leave, please contact David Emmerling at david.emmerling @ptrf.org or 252- 946 -7211. December 10, 2012 Update: Martin Marietta Making Moves On Friday, PTRF learned that a public comment period and public hearing for Division of Water Quality Permits for the proposed Martin Marietta Mine may begin within the next 4 weeks. It is likely that draft permits will be released for public comment in January, with a public hearing to be held in Washington in late January or early February. The permits are 1) a NPDES discharge permit, to discharge an average of 12 MGD to upper Blounts Creek and 2) a 401 water quality certification for impacts to wetlands and streams. Please help us spread the word. The staff at PTRF wanted to provide you with this early notice. The actual public notification from the state is still pending. At this time, PTRF is still evaluating several technical memos provided by MMM's consultants and have asked researchers at ECU and Meredith College to provide feedback. Most recently, MMM submitted a technical memo to DWQ regarding impacts to fisheries. I know that many of you are very interested in this subject. This document may be downloaded here. The memo is very concerning, as they have depicted the discharge as nothing but a benefit for fisheries in Blounts Creek. PTRF will work hard to pick apart these arguments. As a reminder the company has also applied for their Division of Water Resources water use permit. A call into DWR last week revealed that a public comment period and hearing for the water use permit won't be held until after the New Year as DWR is still evaluating MMM's application and the potential local groundwater impacts. For more background information and to view past updates, please scroll down below *Water Sampling Continues* http : / /ptrf.org /proposedmine.php 3/7/2013 Pamlico -Tar River Foundation I A Voice for the River Since 1984 Page 3 of 5 Additionally, two water samplers were placed in Blounts Creek, one just downstream of the proposed discharge and one near the confluence of Nancy Run this summer. We also have an additional volunteer collecting weekly pH data at both locations. ECU researcher Eban Bean and his graduate assistant are in the process of compiling the data to provide both to you and to the state as part of our comments. The total cost for additional water sampling will total just over $1100. This is a significant expense that we had not budgeted for. However we felt it was necessary to compile this continuous data to aid in our efforts to protect the integrity of Blounts Creek. Please consider donating to help offset the costs of those samples. If you have questions or concerns, please don't hesitate to call or email. As a side note, the RIVERKEEPER® will be on maternity leave beginning December 21. If you have questions or need information during her leave, please contact David Emmerling at david.emmerling @ptrf.org or 252- 946 -7211. October 17, 2012 Update: Mine Applies for Dewatering Permit Last week, PTRF secured copies of two recent submissions by Martin Marietta Materials to the NC Division of Water Quality (DWQ). The first document is an Engineering Alternatives Analysis, which is required by state law for any new potential discharge before a NPDES permit can be issued. It includes cost estimates of each researched alternative. A copy of that report can be downloaded here. The second document is an updated version of a draft memo submitted by Martin Marietta Materials for internal review by DWQ in June. A copy of that report can be downloaded here. The public may comment on these documents at anytime. DWQ has yet to set a public hearing date. PTRF is still assessing these technical documents and will provide comments as soon as possible. As a reminder the company has also applied for their Division of Water Resources water use permit. For more background information, please scroll down further on this page. PTRF, with assistance from East Carolina University researchers, will fully vet this technical memo and provide our comments to you and the public as soon as completed. *Water Sampling Continues* Additionally, two water samplers were placed in Blounts Creek, one just downstream of the proposed discharge and one near the confluence of Nancy Run this summer. As we compile this continuous data, you will be able to view the results on our website. The total cast for additional water sampling will total just over $1,100. This a significant expense that we had not budgeted, however; we felt it was necessary to compile this continuous data to aid in our efforts to protect the integrity of Blounts Creek. Please consider donating to help offset the costs of those samples here. Thank you. July 24, 2012 Update: Mine Applies for Dewatering Permit Notification has been sent by the Division of Water Resources that Martin Marietta Materials has applied for their mine dewatering permit for average of 12 million gallon per day water withdrawal. The application was received prior to July 13th. PTRF is in the process of obtaining a copy of the permit application and any recent correspondence between the company and the Division. Once PTRF receives a copy, we will post it online and send notification. The official notice can be found here. Also, please review this flow chart from the Division of Water Resources the depicts the permitting process. As you'll note from the chart, we are in the top 2 steps of the process. There will be time to comment on this permit as well as request a public hearing. We encourage anyone to submit comments and certainly encourage the request for a public hearing. Once PTRF has had time to review the permit application and supporting documentation, we will release our comments. Comments should be submitted to Division of Water Resources NC DENR Attn: Capacity Use Administration 1611 Mail Service Center Raleigh, NC 27699 -1611 Stay tuned for more information. June 29, 2012 Update: Company submits draft document to DWQ On Friday, June 22nd, PTRF received a copy of a draft memo submitted by Martin Marietta Materials for internal review by the Division of Water Quality (DWQ). The draft memo is only a partial submission and response to DWQ's questions regarding the proposed mine discharge impacts on Blounts Creek, specifically on the stability of the stream, potential flooding and water quality. PTRF is still assessing this technical document. The document is not uploaded on our website because of its file size. If members of the public wish to review the document, they may contact the PTRF office and request a time to make a copy. In summary, the document provides modeling information and predictions. The memo and analysis by the company's consultants concludes that: • The discharge "will have very little effect on flood elevations" at the Cotton Patch Landing subdivision. • The addition of 18 cubic feet per second of stream flow (or 12 Million gallons per day) "will likely result in small changes" to the stream channel in the upper reaches of Blounts Creek. • The pH of the stream would be elevated to 6.5 -6.9 (from natural levels of 4.0 -5.5). The pH change would likely be noticeable from the point of the discharge to the confluence of Herrings Run. However, the memo then states that "such a change would not necessarily be considered a negative change as more numbers and diversity of intolerant species need higher pHs to survive." • A model was used to predict salinity changes and predicted no dramatic change in salinity. "it is unlikely that fish and swimming invertebrates would be affected by the change, however aquatic vegetation such as salt marsh grasses may be affected. The company will be submitting more information in the future. PTRF will fully vet this technical memo and provide our comments to you and the public as soon as completed. * *June Update: PTRF holds Educational Meeting. New information from Martin Marietta still pending. As of June 22nd, Martin Marietta Materials has not submitted additional information to the Division of Water Quality for either their 401 permit or their NPDES discharge permit. The company continues to compile additional information and collect samples to respond to DWQ's request for more information in February and March (see below). On June 12th, PTRF held an educational forum for the public. East Carolina University researchers presented current research and information on the health of Blounts Creek and Blounts Bay and responded to questions regarding potential impact from the mine's discharge. More than 70 people attended this free public educational forum. WNCT provided coverage. View Educational Meeting Handout with Researchers Bios and Titles of Presentations. Dr. Eban Bean's presentation, " Blounts Creek, Baseline Monitoring" (pdf- large download of 3MB) Dr. Roger Rulifson's presentation (* *Unpublished data * *), " Water quality in coastal watersheds is history in fish ears" (pdf- 2.5MB) Dr. Scott Lecce's presentation, "Potential Stream Channel Change along Blounts Creek" (pdf - 1MB) http : / /ptrf.org /proposedmine.php 3/7/2013 Pamlico -Tar River Foundation I A Voice for the River Since 1984 Page 4 of 5 *Other presentations will be posted pending approval. March Update: State Agency Tells Martin Marietta., More information Required Letters from the state Division of Water Quality in January, February and March have requested that Martin Marietta provide more details regarding the proposed new mine and the impact of 12 million gallons per day discharge to Blounts Creek. DWQ has requested the company do the following: • Provide DWQ alternatives analysis that details other potential mine sites • Model the effect of the mine process wastewater discharge on the biochemistry of Blounts Creek. • Provide a qualitative indirect and cumulative impact analysis for the project. • Define the zone of impact to Blounts Creek from the wastewater discharge, analyzing the impact to salinity, amount of flow and impacts to fish and their habitat. • Provide alternatives analysis that includes 1) re- injection of the water and 2) treatment and conveyance the water as a drinking water supply or other re- usable purposes. View DWQ's response letters: February 13, 2012 regarding further analysis for NPDES permit February 15, 2012 regarding public hearing March 2, 2012 letter regarding the 401 permit application Public Hearing Pending The state Division of Water Quality has yet to set the date for the public hearing. As soon as PTRF learns of the date, we will get the word out. Stay tuned! Recent News Coverage WNCT- Coverage of PTRF's educational forum. Washington Daily News- State Wants More Analysis, Betty Gray NC Coastal Review- Mine Discharge Could Affect Blounts Creek, Jerry Allegood Background Martin Marietta Inc (view map) has applied for state and federal permits to develop a new 50 -year open pit marine limestone mine in southern Beaufort County, east of Vanceboro, within the Blounts Creek watershed. The company will impact 6.69 acres of wetlands and 11 miles of jurisdictional waters to develop the 649 acre open pit mine. It is estimated that 9 million gallons per day of Castle Hayne groundwater and stormwater will be pumped from the open mine pit and discharged into 2 locations in upper Blounts Creek. The estimated drawdown (or cone of depression) of the Castle Hayne aquifer (Beaufort County's drinking water supply) is at least 5 feet for up to 6 -7 miles, impacting as many as 195 family and landowner wells. The mine is also located within the cone of depression of the Potash Aurora phosphate mine which means the Castle Hayne Aquifer will lose over 80 million gallons of high quality groundwater water per day. The company has applied for a NPDES permit. The draft permit has not been released to date. A 30 day public comment period will be available once the draft permit is released. The company must also apply for a Water Use Permit from the Division of Water Resources. The company has not yet applied for this permit. More Znformation PTRF 401 Permit Comments to the Division of Water Quality Corps of Engineers Public Notification Corps Extension of Comment Deadline Notice 404/401 Application (warning, this is a large file- 22MB) Mining Permit 12.2 Mb file (originally issued in 12/2010, modification approved 9/7/2011) Map of Cone of Depression of groundwater drawdown Talking Points Take Action Tell Governor Perdue and Secretary of the Department Environment and Natural Resources Dee Freeman that you oppose the issuance of any state permit for the proposed Martin Marietta Materials mine in Beaufort County until the company has adequately analyzed the impacts of the mine and offered alternatives that reduce the waste of groundwater. Call or email Governor Perdue and Secretary Dee Freeman! Gov. Perdue (800) 662 -7952 or (919) 733 -2391 Sec. Dee Freeman (919) 707 -8622 Comments can be emailed to Gov. Perdue here and to Sec. Dee Freeman here! Carbon copy your comments to local & state officials: Beaufort Co. Manager Randall Woodruff: rand ell .woodruff@ co. bee ufort. nc. us Director of Division of Water Quality Chuck Wakild: chuck.wakild @ncdenr.gov Director of Division of Water Resources Tom Reeder: tom.reeder @ncdenr.gov Army Corps of Engineers Attn: William Wescott: William .g.wescott @usace.army.mil >ocial Media Partners Contact Us Phone: (252) 946-7211 Pamlico -Tar River Fax: (252) 946 -9492 Foundation '.. 108 Gladden Street ' PO Box 1854 Like 1,443 Washington, NC 27889 Our Mission Pamlico- To monitor, protect, and enhance the Tar - Pamlico River and Tar River watershed while promoting environmental justice. FOUndatio LadifC3 You Jaw CUF ARIL vb U—ISIT Full Name. * Email Address C Submit http : / /ptrf.org /proposedmine.php 3/7/2013 Pamlico-Tar River Foundation I A Voice for the River Since 1984 Page 5 of 5 PEST VIEWED IN INTERNET EXPLORER 8 OR OTHER BROWSERS )otograpiry or other uniag- can be used from our webabe without the Pamlico Tar River Foundation's expressed written consent c20:13 Panillco-Tir River Foundation DESIGN PY INTANDEM http://ptrf.org/proposedmine.php 3/7/2013