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Home My WebLink About20080868 Ver 2_Alternative Buffer Mitigation Approval_20150622NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor June 12, 2015 Mr. Jeffrey Furness, Senior Scientist Potash Corporation 1530 NC Highway 306 South Aurora, NC 27806 Donald R. van der Vaart Secretary DWR # 08 -0868 v2 Beaufort County Subject: Approval of Buffer Mitigation Plan under 15A NCAC 02B .0295 (Temporary Rule Effective October 24, 2014) PCS Phosphate Mine Expansion, Beaufort County Dear Mr. Furness: On January 15, 2009, the Division of Water Resources (DWR) issued a revised 401 Individual Water Quality and Buffer Authorization Certification to impact 25,727 feet of stream, 3,953 acres of 404 and CAMA wetlands, 19 acres of waters and 47.87 acres of protected riparian buffer in order to expand the mining operation at the Potash Corporation facility in Beaufort County. In order to meet Condition 7 of the 401 and Buffer Authorization Certification for this project, a request to utilize the temporary rule, Mitigation Program Requirements for Protection and Maintenance of Riparian Buffers, defined under 15A NCAC 02B .0295, was received on March 23, 2015. This approval is for the purpose that is outlined within your plan. If you change your project, you must notify us and you may be required to send us a plan modification. This approval requires you to follow the conditions listed in the 401 and Buffer Authorization Certification for the project and the additional conditions listed below: 1. The following sites are hereby approved to provide buffer mitigation credit under 15A NCAC 026 .0295. • Bay City Farm (DWR Project #07 -1012) • Hell Swamp Restoration Site (DWR Project #08 -1317) • Rutman Creek Watershed Restoration Project (DWR Project #08 -1319 vs. 3) • Upper Back Creek Mitigation Plan (DWR Project #08 -1316) • Sage Gut Wetland and Stream Restoration (DWR Project #08 -1318) • P &U Lands Restoration Site, Phase 1, 2, and 3 (DWR Project #12 -0107) Division of Water Resources — 401 & Buffer Permitting Unit 1617 Mail Service Center, Raleigh, North Carolina 27699 -1617 Location: 512 N Salisbury St, Raleigh, North Carolina 27604 Phone: 919 - 807 -63001 FAX: 919 -807-6492 Internet: www.ncwaterquality.org An Equal Opportunity 1 Afirmabve Acbon Employer — Made in part by recycled paper Potash Corporation DWR# 08- 0868v2 Buffer Mitigation Plan Approval Page 2 of 2 2. A buffer mitigation ledger describing buffer impacts (occurred and anticipated) from the issuance of the above - mentioned 401 and Buffer Authorization Certification to date and available credits shall be submitted to the DWR on an annual basis on November 1s` Should the ledger indicate that insufficient mitigation exists to compensate for the next year timeframe, the Permittee shall work with DWR to develop a strategy to ensure that mitigation requirements is satisfactorily is met prior to impacts occurring. The issuance of the approval to utilize the buffer mitigation sites identified in Condition #1 of this letter does not represent an approval of credit yield for the listed projects. This letter completes the review of the DWR under the Neuse and Tar - Pamlico Riparian Buffer Rules. Please contact Anthony Scarbraugh at 252- 948 -3924 or anthony.scarbraugh @ncdenr.gov if you have any questions or concerns. Sincerely, kn n� a_ r 1 �� Karen Higgins, Supervisor 401 & Buffer Permitting Unit cc: Tom Steffens, USACE Washington Regulatory Field Office Todd Bowers, EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA 30303 John Payne, NC Attorney General's Office, Environmental Division Doug Hugget, DCM Mike Schafale, NC Natural Heritage Program Shannon Deaton, NC Wildlife Resources Commission DWR WaRO 401 file DWR 401 & Buffer Permitting Unit file Filename: 080868v2PCSPhosphateMineExpansion (Beaufort)_BufMit.docx