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HomeMy WebLinkAbout20080868 Ver 2_Approval Letter_20150706AGA A& NCDENR North Carolina Department nfEnvironment and Natural Resources July 6, 2015 Mr. Jeffrey Furness, Senior Scientist Potash Corporation I53ONCHighway 3O5South Aurora, NC 27806 Donald R.van der V86tl Secretary Beaufort County Subject: APPROVAL OF CONSERVATION EASEMENT LANGUAGE, SITE INVESTIGATION PLAN B0NN6MTONSTRATGRAPHY STUDY AND MINING CORRIDOR FOR BONNERTON TRACT PCS Phosphate Mine Expansion Dear Mr. Furness: On January 15,i 2009. the Division of Water Resources (DVVR) issued a revised 401 Individual Water Quality and Buffer Authorization Certification to impact 25,727 feet of stream, 3,953 acres of 404 and CAK4Avvet|ands, 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 portions of Condition 9 of the 401 and Buffer Authorization Certification for this project, DVVR received draft conservation easement language on August 9, 2009, a proposed stratigraphy plan titled "Site Investigation Plan BonnertOn Stratigraphy Study" on April 21,2O15,and the final mining corridor map for BonnertnnTract and the addendum t0the stratigraphy plan outlining the wetland hydrology monitoring information on May 26, 2015 and June 23, 20I5, respectively, This approval iSfor the purpose that is outlined within the items listed above. If you change your project, yOu must notify us and you may be required to send u6 a plan modification. This approval requires you tUfollow the conditions listed 401 and Buffer Authorization Certifications and the additional conditions listed below: 1. The "Declaration of Conservation Restrictions" for N[ Natural Heritage Program designated NOn'Riverine VVgt/@nd Hardwood Forest that will not be mined should recorded at the Beaufort County Register of Deeds office and 8 registered copy submitted to the DWR within one year of the issuance of this approval. Z. The results of the Site Investigation Plan for Bonnerton Stratigraphy Study and proposed re -vegetation plan should be submitted to this DWR by December 1, 2015 for approval. Division of VVaterResources -401&BuffeIrPermitting Unif 1517Mail Service Center, Raleigh, North Carolina 276Ay-1817 LuoaWo .512NSaliobury St. Rubigh, North Carolina 27OO4 Phone: A1Q-807-6300\FAX: A18 -8O7 -64S2 |ntenet,www oowaterqoe|ityorg Potash Corporation DVVR#08-0868v2 July 6'2U15Approval Page 2of2 3. The results of ongoing groundwater monitoring within the network of monitoring wells locations proposed within the Site Investigation Plan 8onnertonStratigraphy Study and Addendum to BOnnert0n Stratigraphy Study should be submitted to the DVVR and the U.S. Army Corps nfEngineers on an annual basis on November 1u. As stated within the above-mentioned revised 401 and Buffer Authorization, the purpose of the gnOUDdvV8tSr nlODhVhng network is to ensure the uses of the N[ Natural Heritage Program designated Non-Riverine Wet Hardwood Forest is protected during adjacent mining activities and establish reference hydrology for reclamation area. Hydrological monitoring shall be conducted prior to, during and after 0niOiDQ and restoration for at least 10 years post -mining in order to ensure that restoration has re-established reference hydrology. This letter completes the review 0fthe D\NRunder section 4O1ofthe Clean Water Act. Please contact Anthony Scarbraughat252-948-3924or ifyou have any questions or concerns. Sincerely, ( � Karen Higgins, Supenvisor 401 & Buffer Permitting Unit cc: TODl Steffens, USACE Washington Regulatory Field Office Todd Bowers, EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA 30303 John Payne, NCAttorney General's Office, Environmental Division DOugHugget D[W1 K8ikeSohata|e, NC Natural Heritage Program Shannon Deaton, N[Wildlife Resources Commission DVVRVVaR{]4O1file DVVR40l & Buffer Permitting Unit file Fi|enameO80868v3PCSPhoqohateK4ineExpans|on(Beaufort[_Cond9.dncx