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Home My WebLink About20150041 Ver 1_Public Notice Comments_20150406Burdette, Jennifer a From: Jeannie <jeanniea @centurylink.net> Sent: Monday, April 06, 2015 4:39 PM To: Craig.J.Brown @usace.army.mil Cc: Higgins, Karen Subject: 404 Permit Public Comments Attachments: 2015 -APR 6- USACOE Final draft - public comment- JA.pdf Mr. Craig Brown, I am submitting my public comments on the 404 permit as a pdf. Thank you. Jeannie Ambrose April 6, 2015 Mr. Craig Brown U.S. Army Corps of Engineers Regulatory Office 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587 Dear Mr. Brown: I am a North Carolina native and long -time Chatham Co. resident. My thanks to the U.S. Corps of Engineers for having a public comment period on the 401 permit for the Brickhaven Mine #2 reclamation/landfill project submitted by Charah and Green Meadows. Regretfully, I am seeing many changes to land use policies and environmental regulations on both the federal and state levels that weaken the protection of our natural resources here and across our state and country. Even the decision over who has jurisdiction to regulate and protect certain bodies of water has been challenged in the courts. We promote the continual loss of streams and wetlands and its hydrological connectivity to surface and ground water through the acceptable practice of applying for mitigation programs to restore areas already damaged by irresponsible and poor management practices that resulted in contamination or destruction of ecosystems. And in some cases, we may not have a complete understanding of what native flora and fauna populated the habitat to be restored. Wetland scientists understand that cumulative losses of wetlands and other bodies of water will ultimately have a critical impact on downstream water quality, habitat and wildlife. In contrast, isolated wetlands are not just "mud holes" that have little value as one realtor stated in news coverage of NC SB 734. Isolated wetlands may appear to be physically or geographically separate from other bodies of water but this is seldom the case. We need a better understanding of hydrologic interconnections and how wetlands and isolated wetlands serve as nutrient sinks — especially, in the carbonaceous shale area of the Durham - Sanford subbasin of the NC Triassic basin underlying the feisic soil here. Brickhaven Rail Spur [Moncure Holdings, LLC] This property has been a managed timberland with utility easements. A proposed rail spur crosses a wetland area and an unnamed tributary in the 100 -year floodplain. Arched culverts will span these crossings. Unnamed tributaries flow into Shaddox Creek, a sinuous, perennial stream classified as WS -IV and for Class C uses. Shaddox Creek connects to the Haw River just above the confluence of the Haw River and the Deep River to form the Cape Fear River, a source of drinking water. How can the construction of the rail infrastructure have no impact to the wetland and stream as noted on the property map of the site [north of the clay mine]? Also what stream monitoring analysis will be conducted to determine the kinds of chemicals and the amounts in the cumulative dust and diesel pollutants coming from the hundreds of train cars carrying the millions of tons of coal combustion residuals [at 20% moisture content] that will be transported and unloaded over many years? Who would be responsible to conduct and pay for such tests? Brickhaven Clay Mine #2 [Green Meadows, LLC] Impacts to five isolated wetlands and four unnamed streams or water bodies are noted on the permit map. Again the significance of these small, isolated wetlands to habitat may be disproportionate to their size: they exist although the surrounding land has been disturbed by mining activities. In addition, the water in the open clay pit contains suspended sediment running off the eroded slope of the mound and banks. This erosion can be seen in aerial views of the "lake." Shouldn't there be installation of erosion controls in place that prevent the muddy runoff from continuing downstream to an unnamed tributary that flows into Gulf Creek and surrounding wetlands. Gulf Creek eventually flows into the Cape Fear River. This heavy sediment load does not support healthy aquatic communities. And how will sediments in this large volume of water, which must be drained from the pit before mine reclamation activities begin, be handled prior to being discharged? Inventory of Natural and Cultural Resources The NC Wildlife Resources agency compiled a list of 404 aquatic and riparian species for conservation status as nongame wildlife in the Southeast for inclusion in its 10 -year revision of the NC Wildlife Action Plan. These recommendations will be up for public review, and if adopted, WAP would include rare insects that have been excluded as an integral part of the ecosystem. In 2012, a survey list by Withers and Ravenel of the potential occurrence of federally listed Threatened and Endangered Species and habitats on the Moncure Holdings property was first obtained from data base searches prior to field transects of the vegetative communities. Current surveys of plant and animal species present in various regions are needed to update these data records. No aquatic specimen sampling studies prior to construction of rail infrastructure has been conducted. If an inventory of priority aquatic species in the Cape Fear River basin will not be done, then assessment of the aquatic species present will be incomplete for comparison if any environmental damage should occur in their aquatic habitat. Assessments of Threatened and Endangered Species are conducted only within property borders: note that any negative environmental impacts may affect nearby or downstream communities living outside the legal boundaries. TRC Environmental Corporation conducted an archaeological survey at the Brickhaven #2 Mine in 2014. It was determined that field site 2 was possibly eligible for the National Register of Historic Places. Note that this area is near Impact #11 0.02 AC isolated wetland on the C1earWater permit map. Again, thank you for the opportunity to submit public comments. Two photos are included on page 2. If you require references, additional photos or maps for clarification, please indicate what is needed. Before the USACOE issues the 404 permit, we request a public hearing on the 404 permit to fully address all the concerns and additional questions or issues that we may have regarding our environment, public health, safety and welfare. Sincerely, Jeannie Ambrose Photo 1. Aerial view of areas with erosion and sedimentation issues at Brickhaven 2. Aerial view of runoff from Brickhaven Mine #2 to stream behind private residential property.