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HomeMy WebLinkAbout20111013 Ver 1_Hearing Officer Report_20130507Strickland, Bev Prom: Karok(Cvndi ant: Thursday, March O7.20132:19PM [m: Strickland, Bev Subject: FW: Proposed discharge permit in Beaufort County ----- Oritnal Message ----- From: -- -From: Jackie Alexander [ l Sent: Thursday, February 07, 2013 3:46 PM To: KaroIy' CXndi [c, Heather; Phyllis Manning Subject: Proposed discharge permit in Beaufort County I am writing to express concern over the proposed discharge permit for Martin Marietta. The available options for the discharge indicate that options are available that might eliminate any risk to the creek and river, although at a greater cost. The cost of the options seem significant, but may not be as significant when considering the value of the mine' number of years of operation, and profitability to Martin Marietta. Also, you may review the balance sheet and income statement of Martin Marietta and see that it is a well capitalized and highly profitable company, with assets and revenues measured in the hundreds of millions. The company is seeking the lowest cost option, even if that option transfers costs to the environment. While testing seems to have been thorough, the results of the tests ill not he known until wastewater is discharged. I believe that somewhat similar issues were dealt with when wells and treatment systems were installed in the area several years ago' and concerns were expressed over the salt water discharge proposed for 8Iounts [reek. While this sounds like a different problem, I believe the decision was made then to pipe the discharge all the way to the Pamlico River, Z only mention this for comparison sake and don't recall testing at the time over the options available. Of course, the costs were passed on directly to the tax payer' and the creek was spared a potential problem. I have seen for years the stresses placed on the Pamlico and its tributaries/ and in the current situation, the river and creek should not have to bear any risk for a wealthy private enterprise that is able to afford the risk. If the permit is issued for discharge into the creek, the permit should provide for follow up testing to confirm the actual impact. Then corrective action should be taken to eliminate any damage, with one of the other options brought in. I would like to mention in closing, that my career was in business, I believe in free enterprise, but I also believe that historically/ and today, companies have been willing to pass on environmental costs that they should have been required to pay. Thank you, Steve Alexander [Iemmon*' N[ .01 3 - Page 1 Strickland, Bev Karoly, Cyndi ,ent: Thursday, March 07, 2013 2:20 PM To: Strickland, Bev Subject: FW: Request Denial of NPDES Permit From: Mark McQuay [mailto:mcgua)dapan(&yahgg._Com] Sent: Sunday, March 03, 2013 12:47 PM To: Kelly(cbptrf.ccsend.com; Karoly, Cyndi Cc: mccivayiai?an@yahoo.com Subject: Request Denial of NPDES Permit N.C. Division of Water Quality Pamlico -Tar Riverkeeper As a property owner in Freshwater with my property directly on Blounts Creek, I am opposed to the dumping of any water from the proposed Vanceboro Quarry into the headwaters of Blounts Creek. I find Martin Marietta's proposal to discharge waste water from their proposed operations into Blounts Creek an ill proposed and short sighted cost saving answer for Martin Marietta, while having long-term affects on the Blounts Creek and Tar Pamilico river basin, as well as those individuals that enjoy, use and these unique waters. Speaking from numerous years as a federal senior program manager, responsible for multi -billion dollar :nvestments in construction projects world-wide and as a steward of the people's land, a viewpoint; that before .ny permit is issued that it have as part of its environmental prospectus the will of the people's good to preserve and protect individuals rights to that land from harmful and long-term effects that diminish it's value. I not against Mat -tin Marietta's proposal or desire to develop a quarry operation, BUT am against any permit that would cause them to leave a footprint in our waters. This permit as laid out does not address changes in the PH, water flow discharge, water quality, and current chemical balance that is required to sustain life for fish and other species that use the Blounts Creek headwaters as their breeding grounds. I agree with the PTRF that you are leaving a footprint that will damage our stream and it's valued usage by people for years to come, and that your proposal as laid out should from a NC legal view be denied. I believe that Mai -tin Marietta needs to go back to it's engineering alternatives and pursue other alternatives such as land application and groundwater injection as responsible alternatives, vice cost savings that will only bring it the scorn of its neighbors, enviromentalists, numerous lawsuits and actions against its self. Our common goal should be to each be responsible for these precious assets and to use them on a way that preserves and enhances their value for future generations. Sincerely Mark D McQuay Strickland, Bev cmomn: Kanoly.Cvndi amt Thursday, March O7.2O132:19PM To: Strickland, Bev Subject: FW: Stop the quarry on Blouts Creek From: Brett Brown Sent: Wednesday, March O6,201311:3ZAM To: Kapok\[vndi Subject: Re: Stop the quarry on Blouts Creek This message |s tovoice nlydismappo)ve|ofthe proposed quarry onBloun( Creek. Brett Brown Strickland, Bev --onl: Kmroly.Cyndi amt: Thursday, March D7.ZO132I0PM To: Strickland, Bev Subject: FW: rock quarry From: Paul Brown [mai Ito: 12aulbbrown0windstream. net] Sent: Wednesday, March OG 2013 12:37 PM To:kanoly, Cyndi Subject: rock quarry ifthis will harm the fish inblouniscreek inany way including the parnp|kmOver water shed ] oppose this quarry being built Strickland, Bev Prom: K@rOly.Cyndi amt Thursday, March O7.2O132:2OPIVI to: Strickland, Bev Subject: FW: No to quarry in Blount Creek watershed From: Ted Mayer Sent: Wednesday, March 06, 2013 3:00 PM To: Konn|y,rvndi Subject: Notoquarry inBlount Creek watershed NC Division of Water Quality, Wetlands and Storm Water Branch; in regards to your March 14, 2013 meeting I would like to voice my opposition to the limestone quarry construction proposed in the watershed of Blounts Creek, a tributary of the Pamlico River in Beaufort County. As a resident that utilizes the Pamlico, a health care professional and a member of the NC Commission for Public Health I am concerned about the planned quarry's effect on water quality for the following reasons: 1.) The quarry plans to pump 9 million gallons of water per day from the aquifer. 2.) The quarry plans to dispose of 9 million gallons of wash water into feeder streams that lead into Blounts Creek. Fresh water influx and pH alteration from the proposed quarry in addition to the nearby phosphate mining operation can have a deleterious effect tnthis estuary. I urge the Division of Water Quality to err on the side of caution in the protection of Blounts Creek. The huge influx of 'astewater and the slow turnover of the creek may have an adverse effect on the fragile estuary of Blounts Creek and .urround|n8vvateo. Please vote no on this quarry. Regards, Theodore F.Mayer, DDS 4OO8Marina Drive New Bern, NC2D5GO 10�_J� J� Strickland, Bev Prom: Karoly, Cyndi ent: Thursday, March 07, 2013 2-.20 PM ro: Strickland, Bev Subject: FW: Proposed Beaufort County Quarry From: Terry Savage [mailto:tsavacie@cbcnc.com] Sent: Wednesday, March 06, 2013 3:06 PM To: Karoly, Cyndi Subject: Proposed Beaufort County Quarry Please consider the reasons below and reject the permit for the Proposed Martin - Marietta Beaufort County quarry. The quarry will pump 9 million gallons of water per day from the aquifer in order to cle-water the mine and wash rocks. Our aquifers have gotten dangerously low and the removal of an additional 9 million gallons of water on a permanent daily basis will be detrimental. Many local residents around the Aurora area have already lost use of their shallow wells because of the cle-watering operations of .,CS Phosphate and the resulting affects on the Castle Hayne and Beaufort Aquifers. The quarry will dispose of its 9 million gallons of ground water every day by dumping it into feeder streams that lead into the headwaters of Blounts Creek and ultimately into the Pamlico River. This will cause a major ecological change in this area due to both the alteration of pH levels and the influx of fresh water. 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, plants and insects can survive and thrive. Changes to pH and flow, would occur if the mine were permitted to operate, would result in great harm to all life stages of aquatic life as it exist today. Such a change in the water chemistry would result in the present aquatic life dying off and not surviving in those waters. State law does not allow discharges that change the species composition of a stream from its Natural state. State laws are in place in order to preserve the natural balance of an ecosystem. A change like this is not allowable under NC water quality regulations. To make matters worse, the Pamlico River is already challenged by the infusion of 1 DIOVQ,� II I(JI-3 fresh water from the phosphate mine a short distance downstream from Blounts Creek. Please use your best judgment and consider all the environmental effects th' quarry will have in addition to the effects on the Beaufort County citizens as whole, before deciding on the outcome of Martin -Marietta's proposal. 9 Strickland, Bev '-rum: Koroly.Cyndi emt: Thursday, March 07.201321QPK4 To: Strickland, Bev Subject: FW: hearing in Vanceboro From: Benick,Tom Sent: Thursday, March 07, 2013 1:39 PM To: Kmr0|K CxAdi)Adams, Amy; Poupart, Jeff Cc: Rawls, Paul; SUecker,Kathy; Parker, Michael Subject: FW: hearing inVancebono Link toTar Pam Riverkeeperfor their take onproposed quarry. Tom Be|nick Supervisor, NPDESComplex Permitting Unit NCDENR/0visionnfWater Quality 919'807'6390 E-mail correspondence 0oand from this address may besubject tothe North Carolina Public Records Law and may be disclosed to third parties romm:CherDkov Sergei Sent: Thursday, March 07,2O13 12:31 PM To: BeI0ick,Tom Subject: hearing in Vanceboro WO Below is the link I promised, there is information about upcoming hearing. SerBeiChennikov Ph.D. Environmental Engineer U Complex Permitting Unit Phone: 91Q'QO7'6393,fax g19'DO7'649S 1617Mail Service Center Raleigh, N[3769Q-16l7 Express mail: S1ZNorth Salisbury St. Raleigh, NC2760G E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be � � f i i fi f I• f 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 Mariettawas issued a mining permit from the Division of Land Resources. Permits are stili 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 WEARING 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 tas fight fain prd,--e Blouiliv C rt,4- Join or rknqfr f-, y1121` tcxlmyl . 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 of fish 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 )une or July when these species are most likely to be present in the Creek.. ,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 to -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, NC February Update - Public Hearing bate 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, NC 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 8267, 512 N. Salisbury St., Raleigh, NC, 27604, or the DWQ Washington Regional Office at 943 Washington Square Mali, 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.emmeriing@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 stili 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- 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 RIVERKEEPERO will be on maternity leave beginning December 21. If you have questions or need information during her leave, please contact David Emmerling at david.ommerlingoptrf.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 &ti11,.5gA,ing, 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 stili 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. Or Eban Bean's presentation, "Blourits 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. SMB) Or. Scott Lecce's presentation, "Potential Stream Channel Change along Blounts Creek" (pdf - IMB) "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 )anuary, 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 Biounts 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 6WQ'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 Nearing 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 ou€. 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, Terry 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 Information 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. Cali 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 herei Carbon copy your comments to local & state officials- Beaufort Co. Manager Randeil Woodruff: randel[.woodr,uff@co.beaufort.nc.us Director of Division of Water Quality Chuck Wakiid: chuck.wakild@ncdenr.gov Director of Division of Water Resources Tom Reeder: tom.reederOncdenr.gov Army Corps of Engineers Attn: William Wescott william.g.wescotttausace.army.mii Contact Us JOW 00Z MAL.t'.f6 L13 -T Phone: (252) 946-7211 Fax (252) 946-9492 Full Name 108 Gladden Street PO Box 1854 Email Address ' Washington, NC 27889 ur Mission monitor, protect, and enhance the Tar -Pamlico River and atershed while promoting environmental justice. Submit , �IPLnR-R S CP OT -!Ek DtIV07;, 11-101,3 - Aige Strickland, Bev -,mm: Kanzly.CyOdi amt: Thursday, March O7.2O132:20PM To: Strickland, Bev Subject: FW: Limestone quarry and BlountoCreek From: Sent: Thursday, March 07, 2013 11:13 AM To:Kondy [vndi Subject: Limestone quarry and BlountSCreek On Manch 14, 2013 a meeting is being held by the North [3nO|ina Division ofWater Quality concerning 8 limestone quarry that is proposed for construction in the watershed of Blounts Creek. | will not beable to attend the public meeting and would like to use this email to voice my protest over such a project. | own property onthe Bay River inPamlico County and any changes tothe water quality along the rivers that feed the Pamlico Sound are 3concern tome. Over the past 4Oyears that | have been oDthe waters Ofthe Pamlico Sound | have seen many changes inthe water quality. | have seen grasses die and many fish species that could easily befound just wading and casting nqlonger using the shallow waters. The Pamlico Sound is basically 8 closed sound and 8 project that vvmu|d dump vast amounts of fresh water and other minerals into this environment would not only hurt 8lountsCreek but would hurt the environment Ufthe Sound. } also have concern over one company taking such alarge amount ofthe ground water supply needed rnythe residents ofPamlico and Beaufort Counties. PCS Phosphate is already a terrible non -environmental friendly company that pumps millions of gallons of fresh water out of our ground water system and we do not need another. Thank you for registering my protest against such a project. Graham Dozier 34DSLubbock Drive Raleigh, NC 27612 W6VER North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P. E. John E. Skvada, III Governor Director Secretary February 7, 2013 DWQ Project # 2011-1013, Version 2 Craven/Beaufort Counties l 1, Mr. Paxton Badham Martin Marietta Materials 2710 Wycliff Road Raleigh, NC 27607 Subject Property: Martin Marietta Materials — Vanceboro Site Ut to Blounts Creek [030307, 29-9-1-(3), SB, NSW] Reference is made to our correspondence to you dated February 15, 2012, in which we informed you that the Division would be conducting a public hearing for the purpose of obtaining public comment on your application for a 401 Water Quality Certification for the proposed quarry at Vanceboro. Subsequently, on April 12, 2012, you gave DWQ permission to delay the 401 Public Hearing until such time that it could be conducted simultaneously with a Public Hearing for your application for an NPDES Permit, also to be administered by DWQ. The purpose of this correspondence is to notify you that the joint NPDES/401 Public Hearing has been scheduled for Thursday March 14, 2013, beginning at 7:00 pm at the Beaufort County Community College, Building 8 -Auditorium, 5337 Highway 264 East, Washington, NC, 27889. No action is necessary on your part in regards to the public hearing. A copy of the Public Notice of this hearing is attached for your information. Please note that your new 401 application received on December 10, 2012 will be placed on hold pending the hearing process. The hearing record will remain open for 30 days, beginning on the day of the hearing. At the end of the comment 1617 Mad Service Center, Raleigh, North Carolina 27699-1617 Location 512 N Salsbury St Rateegh, North Carolina 27604 Phone. 919.807-6300 t FAX 919 807-6492 Internet* tfflLOcrpV qua1 .ora ,pre 11(`orrrl; re Mr. Paxton Badham Martin Marietta Materials February 7, 2013 Page 2 of 2 period, the hearing officer will detail the results of the public input process and DWQ staff technical review within a hearing officer's report. This report will include the hearing officer's recommendations regarding the application, and will be submitted to the Director of DWQ within 60 days of the date of the hearing. This letter only addresses the application review and does not authorize any impacts to wetlands, waters or protected buffers. Please be aware that any impacts requested within your application are not authorized (at this time) by the Division. Thank you for your attention Please call me at 919"807-6380 if you have any questions. Sincerely, !l Cyndi Karoly Wetlands and Stormwater Branch Chief M . , cc: Amy Adams, DWQ Washington Regional Office William Wescott, USACE Washington Regulatory Field Office Karen Higgins, Supervisor, Wetlands, Buffers and Stormwater Compliance and Permitting Unit Tom Belnick, Supervisor, Complex NPDES Permitting Unit Chad Evenhouse, Kimley-Horn and Associates, Inc., 3001 Weston Parkway, Cary, NC 27513 Maria Dunn, NC Wildlife Resources Commission Heather Jacobs Deck, Pamlico -Tar Riverkeeper, P.O. Box 1854, Washington, NC 27889 File Copy Filename: 20111013 nceboro(C ven) _ old NOTICE OF PUBLIC HEARING FOR R , 1 16 9 111. 1 AIkx Ei1';i APPLICATION FOR 401 WATER QUALITY CERTIFICATION AND APPLICATION ri ,a NPDES DISCHARGE '.' t NORTH CAROLINA DIVISION OF r QUALITY The North Carolina Division of Water Quality will hold a public hearing on Thursday March 14, 2013, beginning at 7:00 pm at the Beaufort County Community College, Building 8 -Auditorium, 5337 Highway 264 East, Washington, NC 27889. Doors will open at 6:00 pm for speaker registration and sign -in. The purpose of the public hearing is to allow interested persons to submit oral and/or written comments on the proposed Martin Marietta Materials Vanceboro Quarry, specifically regarding the 1) application for 401 Water Quality Certification, and 2) application for new NPDES discharge permit. Background/401 Certification PUBLIC NOTICE is hereby given that Martin Marietta Materials has applied to the North Carolina Division of Water Quality (DWQ) for a 401 Water Quality Certification pursuant to Section 401 of the Federal Clean Water Act and Water Quality Commission rules in 15A NCAC 213 .0101, 15A NCAC 2B .0231 and 15A NCAC 2H .0500. The activity for which this Certification is sought is to impact 14,937 linear feet of jurisdictional man-made ditches and 6.69 acres of 404 jurisdictional wetlands to construct a propoied 649 -acre open pit aggregate mine located on the Beaufort/Craven County line. To mitigate for the proposed impacts the applicant proposes to restore 6.75 acres of non -riparian wetlands via payment to the North Carolina Ecosystem Enhancement Program (EEP). PUBLIC NOTICE is hereby given that on the basis of preliminary staff review and application of Article 21 of Chapter 143, General Statutes of North Carolina, and other lawful standards and regulations, the North Carolina Environmental Management Commission proposes to issue a new NPDES permit for this facility subject to specific pollutant limitations and special conditions. The proposed NPDES Permit NCO089168 to Martin Marietta Materials provides for a discharge of up to 9 MGD of mine dewatering and comingled stormwater to unnamed tributaries to Blounts Creek, a Class C Swamp NSW water in Beaufort County within the Tar Pamlico River Basin. This proposed discharge may affect future discharge allocations. The facility will be located off Welbourn Road, near Vanceboro, on Weyerhaeuser property. Public Hearina/Procediires The public is invited to comment in writing on the above-mentioned 401 application and NPDES permit as well as speaking during the Public, Hearing. Those wanting to speak will need to register at the hearing, and speaking sequence will be based on the order of registration. Registration will begin at 6:00 pm. Speaking times may be limited to 3 minutes maximum per speaker, with the final time limit to be determined on the day of the hearing depending upon the number of registered speakers. Cross examination of persons speaking will not be allowed; however, the Hearing Officers may ask questions for clarification. Written comments may be 1-)W(-141 11-101-3 forwarded at any time before or after the hearing provided they are received by the Division no later than April 12, 2013. Written comments may be sent via regular mail to the N.C. Division of Water Quality, Wetlands and Stotmwater Branch, 1650 Mail Service Center, Raleigh, NC, 27699-1650, Attn: Cyndi Karoly, or emailed to Cyndi.Karoly@ancdenr.gov (Phone 919-807-6380). 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 to ensure proper routing. Information Copies of the 401 application are posted online at: ha://its.enr.state.nc.us/laserfiche8/Login.aspx?db=NCDWO (Username: public, Password: password). Copies of the Draft NPDES permit and Fact Sheet are linked online at: htto://portal.ncdenr.org%web/wo/swp/p /nnpdes/calendar. Copies of both 401 application and NPDES Draft Permit/Fact Sheet are also available at the DWQ Washington and Raleigh Central locations listed above during normal business hours (8:00 a.m. to 5:00 p.m.) and may be inspected by the public. Original physical copies of all public comments received will be filed at the Raleigh location, and will also be available online. Those wishing to view the physical file materials are advised to schedule an appointment to ensure that the file is available for a dedicated time slot. File materials may not be removed from any DWQ office, as copy machines are available for use at a nominal charge. Charles Wakild, P.E. Director N.C. Division of Water Quality Date: February 4, 2013 Martin Marietta Materials P 0 Box 30013 Raleigh, North Carolina 27622-0013 Telephone (919) 7834630 Facsimile (919) 5104739 E -Mail sieve whitt@martinmarietta.com Steven S. Whitt Director, Environmental Services December 7, 2012 Ms. Cyndi Karoly, Chief DWQ – Wetlands and Stormwater Branch 1650 Mail Service Center Raleigh, NC 27699-1650 Subject: Request to Re -Apply for 401 Martin Marietta Materials Inc DWQ Project# 11-1013 Dear Ms. Karoly, WQC . – Vanceboro Quarry f D) VV 0 -1 1 - 10 13 -- ':ache .1 . 0.0 – — f® � I We have received your letter dated November 30, 2012, that outlines the application and permit review history for the above referenced project. As stated, the administrative time necessary to process this 401 application has exceeded the one-year timeframe. By copy of your letter, DWQ returned our application for this 401 Certification. By submittal of this letter, Martin Marietta Materials Inc. is re -applying for the 401 Certification. As covered in your letter, in order to conserve resources, DWQ has retained the existing file materials and no additional application fee is necessary. We ask that your department continue with processing this application and proceed with plans to conduct a joint Public Hearing with the NPDES Permit Unit. Please get in touch with this office if any additional information is needed on this matter. Sincere Steve Whitt, P.E. Director, Environmental Services Aort a 4709 COLLEGE ACRES DRIVE SUITE 2 ZRb NCORPORATED WILMINGTON, NORTH CAROLINA 28403-1725 ENVIRONMENTAL CONSULTANTS TEL 910492.9253 FAX 9104*2-9139 ezrMlm@czr-inc.corn To: Martin Marietta Materials (MMM) From: CZR Incorporated (CZR) Date: October 30, 2012 Subject: Technical Memorandum to address potential direct and indirect effects on identified fish populations from predicted changes In Blounts Creek water quality as identified in Kimley Horn and Associates, Incorporated (KHA) Stability, Floud, and Water duality Analyses Technical Memorandum dated 06 September 2012 and CZR outline dated August 6, 2012. In response to comments provided by the North Carolina division of Water Quality (NCDWQ) and United States Army Corps of Engineers (USACE) regarding stream stability, potential flooding, and water quality issues associated with the addition of the proposed Martin Marietta Materials (MMM) quarry dewatering discharge into Blounts Creek, Kimley-Horn and Associates, Inc. (KHA) prepared a Technical Memorandum. The September 2012 KHA memorandum described the results of several analyses performed to address the agencies' concerns and also provided zones of potential impacts to aquatic CZR Incorporated (CZR) subsequently prepared an outline of tasks to address biological impacts to fish populations in Blounts Creek associated with the predicted changes described in the KHA Technical Memorandum. Comments on the CZR outline were received from the North Carolina Wildlife Resources Commission (NCWRC) and the North Carolina Division of Marine Fisheries (NCDMF) at a meeting on 21 September 2012. This Technical Memorandum prepared by CZR addresses direct and Indirect effects from the predicted MMM- Vanceboro quarry discharge to applicable fish populations In Blounts Creek. Table 1 presents a summary of findings which demonstrate that no adverse effects are likely to occur to fish species, macroirnrertebrates, or Essential Fish Habitat (EFH) in Blounts Creek due to predicted changes in pH, salinity, and flow velocity from the proposed maximum quarry discharge of 12Mgal{day. 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N C CL L E tw a m Y 3 a = aw V acs L, a nn ca at oC) a a`) 0-0 O cx 0 u m What managed fish species may inhabit Blounts Creek? As a result of the Magnuson Stevens Fishery Conservation and Management Act of 1976, managed fish species fall under the joint responsibility of the South Atlantic Fisheries Management Council (SAFMC), the Mid -Atlantic Fisheries Management Council (MAFMC), and the National Marine Fisheries Service (NMFS). Both the SAFMC and MAFMC have defined several habitats to be EFH for managed species (SAFMC, 2008; MAFMC, 2048). The SAFMC and MAFMC have also developed fishery management plans (FMPs) for several species, or species units (SAFMC, 2008; MAFMC, 2008). As part of each FMP, the council designates not only EFH, but also Habitat Areas of Particular Concern (HAPC), a subset of EFH that refers to specific locations required by a life stage(s) of that managed species. Federally managed fish species found within the project area of Blounts Creek are bluefish (Pomatomus soltotrix) and summer flounder (Paralichthys dentatus); both species fall under the responsibility of the MAFMC. The U.S. Fish and Wildlife Service (USFWS) in conjunction with the National Oceanic and Atmospheric Administration (NOAA) National Marine Fisheries Service (NMFS) safeguard against species that become listed as endangered or threatened under the Endangered Species Act of 1973. Currently, the only federally listed endangered, threatened, or special concern fish species known or expected to regularly occur in the vicinity of Blounts Creek is American eel (Anguilla rostrata), currently listed by USFWS as a species of concern. Although habitat for shortnose sturgeon (Acipenser brevirostrum) and Atlantic sturgeon (Acipenser oxyrhynchus) (both listed as endangered by the NMFS) is present in the vicinity of the most downstream reaches of Blounts Creek, neither species is likely to be present. In addition to federally managed species, the Atlantic States Marine Fisheries Commission (ASMFC) serves as a deliberative body, coordinating the conservation and management of the states' shared nearshore fishery resources — marine, shell, and anadromous — for sustainable use. Member states are Maine, New Hampshire, Massachusetts, Rhode island, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, and Florida. Species managed by the ASMFC that are possibly found within the project area of Blounts Creek include: American eel, Atlantic croaker (Micropogonias undulatus), Atlantic menhaden (Brevoortia tyrannus), bluefish, red drum (Sciaenops ocellatus), river herring (bluebaek herring (Alosa aestivalis) and alewife (Alosa pseudoharengus)], spot (Leiostomus xanthurus), spotted seatrout (Cynosclan -nebulosus), southern flounder (Paralichthys lethostigma), striped bass (Marone saxatilis), summer flounder, and weakfish (Cynoscion regalis). Under the Fisheries Reform Act of 1997, the NCDMF prepared FMPs for all commercially and recreationally important species or fisheries that comprise state marine or estuarine resources, with the goal to ensure the long-term viability of these fisheries. The State of North Carolina has developed FMPs for several species that include: bay scallop (Argopecten irradians), blue crab (Callinectes sopidus), hard dams (Mercenaria mercenoria), kingfish (Menticirrhus americanus), red drum, river herring (blueback herring and alewife], shrimp (Penaeus spp.), southern flounder, spotted seatrout, striped bass, and striped mullet (Mugil cephalus). CZR Incorporated Wage 3 30 October 2012 Several of the managed species listed above are among the most important fisheries on the east coast. Atlantic croaker, blue crabs, hard clams, shrimp, and both southern and summer flounder are some of the most commercially important fisheries in North Carolina (NCDMF, unpublished commercial fishing data). ® What recreationally important fish species may inhabit Blounts Creek? Several inshore managed fish species of recreational importance can occur within Blounts Creek (e.g. Atlantic croaker, bluefish, red drum, southern flounder, spot, spotted seatrout, striped bass, summer flounder, and weakfish). Unmanaged fish species likely found within the project area of Blounts Creek considered of recreational significance include: black crappie (Pomoxis nigromoculatus), bluegill (Lepomis macrochirus), catfish (Arneiurus spp. and lctalurus spp.), largemouth bass (Micropterus solmoides), white perch (Morone americano), and yellow perch (Percy fioveseens). a What are the direct effects of changes in pH above the confluence of Herring Run on identified fish populations? An increase in pH from the upstream quarry dewatering outfall to Herring Run is predicted to increase from the existing conditions of 4.0-5.5 to 6.3-6.9. However, the predicted increase in pH levels to 6.3- 6.9 is most likely a bit higher than the actual levels that will be experienced in upper Blounts Creek since organic acids within the creek bed and watershed were not accounted for by the water chemistry model used by Kimley-Horn and Associates, Incorporated (KHA) in the September 6, 2012 Technical Memorandum. Shifts in pH, whether acidic or alkaline, are important because they alter the configuration of enzymes used by fish to regulate acute biochemical processes that maintain both blood and tissue pH within certain limits (Heifman et al. 2000). Levels of pH also determine the solubility of inorganic aluminum and its toxicity on aquatic organisms (Baker and Schofield 1982). The United States Environmental Protection Agency (USEPA) currently list chronic levels of aluminum as 0.087 mg/L for pH levels of 6.5-9.0 (EPA 1988). Acidic pH levels found in upper coastal plain waters such as Blounts Creek naturally have greater concentrations of inorganic aluminum (Hall et al. 1980). In fish, inorganic aluminum is toxic and reduces important gill enzyme activity responsible for the active uptake of ions (Rosseland et al. 1990). The more sensitive a fish species is to acidic levels of pH, the greater the toxic response to aluminum concentrations will be with decreasing levels of pH (Baker and Schofield 1982). Many fish species located in the upper reaches of coastal plain streams such as Blounts Creek are characteristic of species that are capable of surviving dry periods and/or periods of low to no flow, low dissolved oxygen (DO), and exceptionally low levels of pH (CZR Incorporated 2011; Spruill et al. 1998). As water quality (WQ) conditions improve further downstream and near the confluence of Herring Run, other common freshwater species encompass a much larger diversity of sunfishes and basses (Centrarchidae), minnows (Cyprinidae), darters (Percidae), and catfishes (Ictaluridae). These four families of fish cover most, but not all, species encountered or confined in the freshwater limits of Blounts Creek. CZR Incorporated Page 4 30 October 2012 Residential freshwater fish species throughout Blounts Creek are more isolated within the watershed and therefore more susceptible to shifts/changes in pH that occur between the upstream quarry dewatering outfall and Herring Run. Although some fish species are known to tolerate lower pH levels than others, many prefer a more moderately acidic, neutral, or slightly alkaline environment, often requiring pH of greater than 5.0 (Wilbur and Pentony 1999). The optimum pH range for freshwater fish common in Blounts Creek is 6.5-8.5 (Stroud 1957). Table 2 list pH tolerance ranges for a few freshwater species that are commonly found throughout coastal plain fish communities. The increase in pH from the upstream quarry dewatering outfall to Herring Run may provide more suitable habitat (water column) for a more diverse realm of freshwater fish species, as an increase in pH to a near neutral environment will lead to less stress, increased reproduction and egg survival, and the capability of fish to absorb n4 (Wilber and Pentony 1999). The increase in pH also decreases the solubility of aluminum and therefore, decreases the multitude of potential toxic effects it has on fish functionality (Baker and Schofield 1982). The upper reaches of Blounts Creek are also utilized by coastal, diadromous fish species that inhabit the freshwater reaches of Blounts Creek for various life stage developments. Table 3 list pH ranges for diadromous (both anadromous and catadromous) fish species that most likely use the freshwater reaches of Blounts Creek for one or more life stages. The literature reviewed and presented in Table 2 suggest that overall, higher ranges of pH than what is currently found in Blounts Creek may create more suitable habitat for spawning, egg and larval development, juvenile, and adult life stages for all diadromous fish species. The American eel is the only diadromous fish species thought to utilize Blounts Creek that has been documented as tolerant of extremely acidic pH conditions. River herring can tolerate lower pH levels found throughout upper reaches of coastal plain streams; however, most literature acknowledges "'optimal" pH ranges above the current pH levels found in Blounts Creek. Additionally, shad and striped bass are less tolerant of acidic pH conditions and cannot tolerate acidic ranges of pH currently found in the upper reaches of Blounts Creek. Therefore, an increase in pH from the upstream quarry dewatering outfall downstream to Herring Run may create more suitable nursery habitat for diadromous fish species within this portion of Blounts Creek. Table 2. pH tolerance ranges for freshwater fish species. Tolerance 8luespotted sunf_ist Enneoconthus gloriosus: 41-7.0 1Graham and Hastings 1484 i Reduced growth at lowest pH (Gonzalez and Ounson 1989) Green sunfish Itepomiscyanellus 40-ID.3 1Ultsch1978 iToleranceassumed similarto8luegfll 9luegiil lepomis mocrochlrus 4.010.3 !Ultsch 1978 �pH extremes caused partial kills yellow perch 1Perco flovescens 3.9-9.5 !Johnson et al 1977 Reproductive success reduced pH<5 5 (Ryan and Harvey 1979) Largemouth bass Micropterus salmoides i 3.9.10.5 !Calabrese 1969 :Short-term exposure only outside of optimum Commonshiner Pomoxlsnig romaculatus 5.8-? Harvey 1980 _<5.8popuiationsdisappear ordecline and reproduction ceases CZR Incorporated Page 5 30 October 2012 e$ W v o O g o= In $C Ing mell'o O ~ V Y1 O C r Itj w n 0 g Bob 2i ISO n 2 1° I z In $C s V � O Itj w n g Bob 2i ISO n z �g d In $C s V Itj w n g Bob 2i ISO n S $ 8 C c NJad -15 �g d s V n a -15 �g d a What are the direct effects of changes in salinity above and below the confluence of Herring Run on identified fish populations? The lower reaches of Blounts Creek are estuarine and classified by the state as "saltwater" from Herring Run to the Pamlico River. The estuarine waters of Blounts Creek provide habitat and nursery grounds for several commercially and recreationally important coastal fish species, including diadromous species, which are often managed by federal and/or state agencies. Although estuaries are extremely productive ecosystems, they are ever changing environments. Estuaries are often inhabited by highly adaptive and mobile fish species that acclimate to daily changes in WQ parameters and the complex issues that they involve (e.g. salt wedge). The addition of a constant input source of freshwater from the upstream quarry dewatering outfall will likely move the salt wedge further downstream in Blounts Creek. The salt wedge currently varies daily and is mainly dependent on natural conditions such as tidal influence and weather (e.g. drought, rainfall, wind direction, wind speed). Estuarine fish species are highly adaptive and mobile and are less impacted by daily changes within the estuary and often avoid anoxic conditions which may be caused by the salt wedge. Additional water column habitat for freshwater fish species and nursery habitat for diadromous fish species will likely be created by possibly moving the salt wedge further downstream via the addition of freshwater input in the upper headwaters of Blounts Creek. Table 3 list salinity ranges for diadromous (both anadromous and catadromous) fish species that most likely use the freshwater/saltwater interface of Blounts Creek for one or more life stages. Freshwater input from the upstream quarry dewatering outfall will be one of many factors that determine the daily position of the salt wedge within Blounts Creek. Both freshwater and estuarine fish species are mobile and currently adapt to the natural conditions presented daily in Blounts Creek; therefore, it is unlikely that freshwater input from the upstream quarry dewatering outfall will cause any degradation to fish populations or the water column since predicted changes in salinity are not beyond existing natural variability. What are the direct effects of changes in velocity on identified fish populations? The addition of a constant input source of freshwater from the upstream quarry dewatering outfall will create perennial flow throughout the upper reaches of Blounts Creek. Perennial flow increases water column habitat for freshwater fish and creates a steadier flow regime, increasing DO within the water column. Additionally, perennial flow creates more suitable habitat for fish populations by decreasing predation and more importantly, abiotic stress associated with intermittent stream drying/drought, inevitably increasing fish species diversity and/or decreasing fish mortality (Lake 2003; Magoulick 2000). Increased velocities are also associated with the addition of perennial flow from the upstream quarry dewatering outfall. Maximum velocities of 2.84 feet per second (fps) are expected at the upper reaches of Blounts Creek immediately downstream of the dewatering outfall, and do not exceed 1.00 fps below !fiver Station 50380 (located upstream of the railroad crossing) (KHA 2012). Flow and/or velocity are CZR Incorporated page i 30 October 2012 Div,1111OX" 1,1-10113 important physiological factors that affect fish species distribution and productivity, especially diadromous fish species. Table 3 list velocity ranges for diadromous (both anadromous and catadromous) fish species that most likely use the freshwater reaches of Blounts Creek for one or more life stages. The literature reviewed and presented in Table 3 suggests that expected velocities in upper Blounts Creek up to the upstream dewatering outfall are all within "optimal" ranges for all life stages of striped bass and outfall velocities below River Station 57222 (located directly downstream of the outfall) are all within "optimal" ranges for all life stages of blueback herring and shad. Minimum velocities of approximately 1.00 fps are needed for egg survival of both striped bass and shad (T=ay et al. 1983; Williams and Bruger 1972). All life stages of alewives have been documented as preferring slower velocities than expected upstream of River Station 34964 (located upstream of HWY 33). However, glass eels and elvers have been documented as tolerating velocities below River Station 50380, while yellow eels are tolerant of a larger variety of water velocities. Predicted velocities are not persistently constant throughout the cross- section of Blounts Creek at a given point; therefore, alewives and American eel will not be forced to swim against estimated velocities constantly, often being able to migrate closer to shore or out of the maximum velocity threshold, enabling migration further upstream. Additional flow/velocity will likely create more suitable habitat (i.e., permanent source of oxygenated water) for all fish species. Opportunities for more early spring overbank events in the narrow upper portions of Blounts Creek will also increase spawning areas for anadromous fish species that utilize Blounts Creek. 0 What are the potential indirect effects on identified fish populations? Indirect effects on fish populations may arise from potential changes to habitat designated as EFH that include the Aquatic Bed, Submerged Aquatic Vegetation (SAV), Palustrine Forested Wetlands, and the water column within Blounts Creek (SAFMC 2008; MAFMC 2008). Additional flow, increased pH, and decreased salinity also have the potential to indirectly affect fish populations through possible changes or shifts in the macroinvertebrate community as discussed in other portions of this memo. How might an increase in pH from 4.0-5.5 (existing) to 6.3-6.9 above the confluence of Herring Run affect the Aquatic Bed and SAV? Permanently, semi -permanently, and seasonally flooded wetland habitat which is primarily inhabited by plants growing on or below the surface for most years during the growing season is known as Aquatic Bed (Cowardin et al. 1979). Submerged Aquatic Vegetation (SAV), underwater vascular plants, provide important fish habitat and root in the Aquatic Bed (Deaton et al. 2010). A North Carolina Division of Water Quality (NCDWQ) survey completed on July 7, 2006 documented seven SAV species in Blounts Creek: horned pondweed (lannichellia polustris)r widgeon grass (Ruppla maritima), pondweed (Nojas guadolupensis), wild celery (Vallisneria americano), slender pondweed CZR Incorporated mage S (Potamogeton pusillus), redhead pondweed (Potamogeton perfoliatus), and coontail (Cerotophyllum demersum). A geographic representation of data collected from this study reveals the extent of surveyed SAV ends approximately 0.2 -mile above the confluence with Herring Run. The pH requirements for SAV habitat are not clearly defined in SAV studies; most studies are focused on the amount of light available to leaf surfaces and other chemical habitat parameters. However, some habitat data was recorded during field collection of the aforementioned species, and suggests these species collectively have a wide range of pH tolerance values (Table 4). Table 4. Habitat data taken from SAV species collection (Beal, 1977) Common name Species name Number of observations pH range or value(s) Horned Pondweed Zamnichellia palustris 1 1 7.5 Widgeon Grass Ruppia maritima 5 to 12 6.7-7.6 Pondweed Najas guadalupensis 12+ 6.6-10.0 Wild Celery Vallisneria americana 3 5.6, 6.8, 7.9 Slender Pondweed Potamogeton pusillus 12+ 5.8-8.4 Redhead Pondweed Potamogeton perfoliatus 2 6.7, 6.8 Coontail Ceratophyllum demersum 5 to 12 6.3-8.3 How might an increase in pH from 4.0-5.5 (existing) to 6.3-6.9 above the confluence of Herring Run affect Palustrine Forested Wetlands? Wetlands include the transition zone between terrestrial and aquatic environments, and provide habitat and food sources for fish (Deaton et al. 2010). The wetlands in Blounts Creek upstream of Herring Run are classified as Palustrine Forested Broad -Leaved Deciduous Seasonally and Temporarily Flooded (PF01A/PF01C) according the USFWS' National Wetland Inventory (NW!). In addition, these wetlands are receiving surface flow from a watershed managed for silviculture. According to the pH modifiers found in the Classification of Wetlands and Deepwater Habitats of the United States (Cowardin et al. 1979), the wetlands in Blounts Creek are acid (pH<5.5) based on measurements of the baseline pH measured by KHA. A circumneutral modifier applies to wetlands where the water pH is 5.5-7.4. Values are difficult to accurately measure given their fluctuation throughout seasons and weather events. Nevertheless, the types of plants that will inhabit a wetland will vary when even slight changes in pH occur over small distances (Cowardin et al.1979). Based on the KHA predicted pH increase from a range from 4.0-5.5 to 6.3-6.9 and the Cowardin classification modifiers, wetlands in Blounts Creek above the confluence of Herring Run would be reclassified as circumneutral. Thus it is possible for some changes in the vegetation/wetland habitat to occur: CZR Incorporated Page 9 30 October 2012 O✓ Y✓ j'1.17 _...10 f....= - Pay ,e .t 0 ■ What are the potential effects to the macroinvertebrate or managed invertebrate communities from an increase in pH from 4.0-5.5(existing) to 6.3-6.9 above the confluence of Herring Run? Blounts Creek from its source to Herring Run currently has a NCDWQ classification of Class C waters and supplemental state classification as nutrient sensitive (NSW) and swamp (Sw) waters (NCDENR 2007). If the proposed discharge were to add enough water to increase the pH to the expected 6.3 to 6.9 range (circumneutral) then it is likely Blounts Creek will have year round flow, increased DO concentrations, and a reduction in natural tannins. This equates to the Blounts Creek headwaters no longer exhibiting low DO concentrations, intermittent flow, and tannin -laden waters characteristic of (Sw) streams (tarry Eaton, Environmental Senior Specialist, NCDWCI, personal communication, October 16, 2012). As a result, the use of swamp stream criteria (Standard Operating Procedures for Collection and Analysis of Benthic Macroinvertebrates, NCDWQ) may no longer be appropriate to evaluate macroinvertebrate data. The results of many field studies and reports regarding stream pH settle on the conclusion that deleterious effects to and reduced diversity of macroinvertebrates are associated with lower (acidic) pH values (NCDENR 2005; Schmidt et al. 2002; Earle and Callaghan 1998; Bell 1970). Such streams in North Carolina where a low pH is caused by natural conditions often exhibit low in fauna richness and diversity (NCDENR 2005). Henry Bell's 1970 laboratory experiment with aquatic insect species that were both widely distributed and an important food source for fish species found that a decrease in pH values yielded a smaller percentage of successfully emerging aquatic insects, and his data suggests that a pH of at least 5.5 will allow for successful emergence of at least 50 percent. Bell further explains that pH tolerance varies among different families, and Mayflies (Order Ephemeroptera) were indeed the most sensitive to acidic pH values (Bell 1970). [No mayflies were collected in the CZR 2011 habitat assessment. However, other less sensitive stoneflies and caddisflies were collected even though EPT taxa richness was low at 2]. The current NCDWQ water quality standard for pH range is 6.0-9.0 for freshwater aquatic life (NCDENR 2007). The expected pH increase may create conditions in the Blounts Creek headwaters that are both within NCDWQ's criteria for protection of freshwater aquatic life and more inhabitable for more sensitive freshwater Benthic organisms. Concentrations of inorganic aluminum increase as the acidity of stream water increases (Hall et al. 1980). Since the Vanceboro site discharge will elevate the existing pH from 4.0-5.5 to 6.S-6.9 upstream of the confluence of Herring Run, potential harmful inorganic aluminum effects on invertebrates may be reduced. Aluminum in high concentrations accumulates and is toxic to freshwater invertebrates (Rosseland et al.1990). Further, the benthic community may be indirectly affected by the increase in pH from previously discussed potential changes to the Aquatic Bed, SAV, and wetland vegetation. Macroinvertebrate organisms are reliant upon inputs from vegetation and the consequent energy provided in the form of detritus from wetlands (Mitsch and Gosselink 2000). Research has also shown that SAV beds can CZR Incorporated Page 10 an rlrtnhPr 7n17 provide habitat and increase the abundance of invertebrates (SAFMC 1998). Commercially important managed invertebrates such as blue crabs, hard clams, and shrimp are likely found within the estuarine confines of Blounts Creek. However, the NCDWQ, SAV survey in 2006 identified SAV only 0.2 mile above the confluence of Herring Run and changes in pH above the confluence of Herring Run will likely have little bearing on managed invertebrates since most are likely found downstream of Herring Run. 12 How will a decrease in salinity downstream of Herring Run potentially affect the Aquatic Bed and SAV in Blounts Creek? The majority of the SAV species surveyed from Blounts Creek tolerate a salinity range of 0-10 PSU while Potamogeton perfoiiatus and Ruppia maritima can tolerate higher salinity of 20 and 36 PSU respectively (NCDENR 2006). The distribution of SAV species in both estuarine and freshwater ecosystems, though not solely dependent on salinity, will be influenced by their tolerance to salinity (Day et al. 1989). SAV species are able to tolerate a range of saline conditions by adapting their metabolic functions to regulate osmotic potential and maintain cellular functions, and the ability to facilitate these adaptations relies on how much and how fast salinity changes in relation to the baseline salinity (Moore, undated). Natural conditions are dynamic and allow for range of salinity and flow rates in Blounts Creek due to varying amounts of rainfall. Sweeping changes can occur naturally in a short period of time. KHA confirmed this natural variation during monitoring completed in spring 2012 which yielded various measured salinities in flow conditions ranging from one day after a week without rain to one day after approximately 3.5 inches of rain (KHA 2012). Even though SAV can tolerate a range of conditions, those varying conditions are naturally highly variable both in magnitude and duration; thus, the SAV response is just as variable. Extreme flooding events, storms, or human -induced additions of freshwater may either raise or lower salinities with consequences ranging from complete losses of SAV beds to shifts in species of SAV based on their tolerance for salinity (Orth and Moore 1983; Moore, undated). o What are the potential effects from a decrease in salinity downstream of Herring Run on Palustrine Forested Wetlands? Similar to pH levels, salinity levels in wetlands are highly variable and exert considerable influence on the type of vegetation and therefore are highly difficult to classify in such a dynamic environment (Mitsch and Gosselink 2000; Cowardin et al. 1979). However, wetland habitats are classified in regards to salinity using salinity (coastal) modifiers found in the Classification of Wetlands and Deepwater Habitats of the United States (Cowardin et al. 1979) Based on the natural variability confirmed during the KHA salinity sampling, wetlands downstream of Herring Run in Blounts Creek may fall under both the Fresh (<0.5 PSU) and Mixohaline (0.5-30 PSU; Brackish) coastal modifiers. Current conditions in the area sampled were near the lower end of the brackish range. The predicted salinity changes in Blounts Creek between the confluence of Herring Run and the Cotton Patch subdivision, as reported in the 06 September 2012 KHA Water Quality Technical Memo, do not CZR Incorporated page 11 ;0 Ortnhpr 7ni ) indicate a change in salinity that would change the salinity beyond the existing natural variability or change the salinity classification of the wetlands. r Will a decrease in salinity downstream of Herring Run affect macroinvertebrate or managed invertebrate organisms? Changes in macroinvertebrate taxa abundance and composition accompanied salinity changes in a Florida estuary. This four-year study (St. Johns River Water Supply Impact Study) examined the effects of upstream withdrawals, and therefore increasing estuarine salinity was the main concern as opposed to a decrease. However, the St. Johns River Management (SJRM) District was able to show how a varied salinity regime due to changes in freshwater inflow affected the macroinvertebrate community. Populations of aquatic insects (less tolerant of salinity), based on a large data set, were reduced while the marine taxa abundance increased Salinity exerted the greatest influence on the infaunal benthic species composition and abundance, and salinity varied most in the lower reaches of the estuary. This variation was considered to reduce abundance due to physiological stress to the organisms. Their study found the sites with salinities less than approximately 2 to 3 PSU had the greatest abundance (Mattson et al. 2011). On the other hand, diversity increased in estuarine waters during periods of high salinity by invasion of marine species into the Guadalupe Estuary and decreased during periods of lower salinity. Abundance in the estuary, as in the SJRM study, increased as salinity decreased (Montagna and Palmer 2011). Day et al 1989 reports abundance to be much higher in increased salinities due in part to a greater availability of food, and diversity is reported as being lower in estuaries. This may suggest there is no 'rule' that we can apply to determine the outcome of the invertebrate community as salinities are changed due to natural events or human impacts. Similar to the discussion on the effect of pH, macroinvertebrate organisms may also be indirectly affected through the potential alteration of available habitat (SAV and wetland) resulting from highly variable levels of salinity. Clearly, SAV species' salinity tolerance will affect their distribution (Day et al. 1989). Many commercially important managed invertebrates (e.g. blue crabs, hard clams, and shrimp) also depend on SAV for habitat and foraging. The predicted salinity changes in Blounts Creek between the confluence of Herring Run and the Cotton Patch subdivision will likely not affect the distribution of important managed invertebrates because the predicted salinity changes are not beyond the existing natural variability already present in Blounts Creek. a How will additional water and flow (velocity) potentially affect the Aquatic Bed and SAV in Blounts Creek? Much of the concern in regards to water quality parameters that affect SAV centers around the light conditions available for photosynthesis and subsequent growth and survival. Water quality indicators of available light are related to suspended solids and additional nutrients in the water column. Nutrients may cause a reduction in light reaching leaf surfaces because they enhance the growth of phytoplankton (Orth and Moore 1983). Additional suspended sediments scatter and reduce the amount of light CZR Incorporated Page 12 7nn,+_kh e'ani7 available for photosynthesis, and have been linked to reductions in SAV (Kemp et al. 1983). A field study from various sites in the Chesapeake Bay yielded a threshold value for Total Suspended Solids (TSS) of <15 mg/L. SAV were not present in this study at TSS levels in excess of this threshold value (Kemp et al, 2004). Tinting of the water by naturally occurring dissolved organic matter will also change the amount of light reaching leaf surfaces. bast data indicate that freshwater SAV are more tolerant of higher turbidity as determined by Secchi depth and are able to tolerate slightly less light at the leaf surface than moderate salinity (brackish) SAV (Deaton et al. 2010; Ferguson and Wood 1994). If photosynthesis is reduced then SAV production and survival are limited (Deaton et al. 2010). The Vanceboro site discharge(s) will create the potential for re -suspension of substrate and runoff sediment from additional perennial flow in the upper reaches of Blounts Creek; therefore, the amount of light able to penetrate the water column may decrease. North Carolina's current water quality standards do not support recommended standards for maintaining the establishment of SAV beds (Deaton et al. 2010). However, Martin Marietta Materials' NPDES Discharge Permit will require adherence with current North Carolina water quality standards. As previously mentioned, NCDWQ has assigned Blounts Creek from its source to Herring Run a classification of Class C waters with supplemental classification as swamp (Sw) and nutrient sensitive waters (NSW). NCDWQ water quality standards related to this discussion for these waters are 20 mg/I total suspended solids (TSS) for certain discharges, 40 mg/I Chlorophyll , and 50 NTU for turbidity (NCDENR 2007). Turbidity can express the amounts of suspended particles, dissolved organic material, and phytoplankton growth, or actually to what degree these scatter or absorb light in terms of the clarity of the water (EPA 1999). If natural in-situ conditions in Blounts Creek already are in excess of the 50 NTU turbidity requirement then the level of that natural condition shall not be increased (NCDENR 2007). Velocity recommendations for freshwater and estuarine SAV habitat in Chesapeake Bay range from 0.03 feet per second (fps) to 1.64 fps to reduce the potential decline or even loss of SAV growth (EPA 2000). KHA's stability analysis in the September 6, 2012 Technical Memorandum indicated the existing (low - flow) velocity in Blounts Creek does not exceed 1.44 fps. However, future velocities in the Blounts Creek headwaters are expected to reach a maximum of 2.84 fps near the NPDES Discharge Point and decrease to 1.34 fps around River Station 56714, which is well upstream from the furthest extent of SAV mapped during the NCDWQ 07 July 2006 SAV study. n What are the potential effects of additional water and flow (velocity) on Palustrine Forested Wetlands? if constant additional water and flow are present in areas upstream then more opportunities for overbank events exist in the narrow upper portions of Blounts Creek. An increased wetted perimeter of the stream bed may eliminate those species which are not adapted to inundation and create more habitat for those species that are adapted to such conditions (Mitsch and Gosselink 2000). In a similar manner, lotic conditions can either enhance species diversity by adding new types of habitat, or reduce CZR incorporated Page 13 In Ortnhwr 7017 and limit species diversity by creating a more homogenous habitat (Mitsch and Gosselink 2000). Vegetation in these bottomland hardwood forests is crucial to providing inputs to the surrounding aquatic environment (Vannote et al. 1980). Resources provided by surrounding woody and non -woody vegetation will inevitably become the building blocks and energy supply of the Blounts Creek macroinvertebrate community structure as well (Corline, undated). ® What are the potential effects of additional water and flow (velocity) on Blounts Creek benthic community structure? If both stream flow and velocity increase, particularly in the headwaters of Blounts Creek, then a potential compositional change may occur to the benthic invertebrates inhabiting Blounts Creek. A steadier flow regime creates the potential to alter the amount (retention) of coarse particulate organic matter (CPOM), particularly non -woody debris, in portions of the creek which do not have year-round flow. Increased flow or velocity in the upper portions of Blounts Creek may reduce the amount of CPOM, and therefore change the amounts and proportions of benthic shredders and collector -gatherers. Potential changes may include reduced numbers of shredders due to lesser amounts of CPOM in upper portions of the creek. Consequently, these organisms would be displaced to portions of the creek further downstream as they collect in large woody debris (LWD) or other debris dams, and collector - gatherers would thus shift downstream of the shredding organisms (Vannote et al. 1980). CZR Incorporated Page 14 Literature Cited Albrecht, A. B. 1964. Some observations associated with the survival of striped bass eggs and larvae. California Fish and Game 50: 100-113. Baker,l.P. and C.L. Schofield. 1982. Aluminum toxicity to fish. Water, Air, and Soil Pollution 18: 289-309. Barbin, G. P., and W. H. Krueger. 1994. Behavior and swimming performance of elvers of the American eel, Anguilla rostrata, in an experimental flume. Journal of Fish Biology 45:111-121. Beal, Ernest 0. 1977. A Manual of Marsh and Aquatic Vascular Plants of North Carolina, with Habitat Data. The North Carolina Agriculture Research Service, Raleigh, NC. Beasley, C. and J. Hightower. 1998. Effects of the Quaker Neck Dam on the distribution and characteristics of spawning habitat selected by striped bass and American shad in the Neuse River, North Carolina. Final Report to the Marine Fisheries Commission. North Carolina Cooperative Fish and Wildlife Research Unit, North Carolina State University. Bilkovic, D. M. 2000. Assessment of spawning and nursery habitat suitability for American shad (Alosa sapidissima) in the Mattaponi and Pamunkey Rivers. Doctoral dissertation. The College of William and Mary, Williamsburg, Virginia. Bilkovic, D. M., C. H. Hershner, and J. E. Olney. 2002. Macroscale assessment of American shad spawning and nursery habitat in the Mattaponi and Pamunkey Rivers, Virginia. North American Journal of Fisheries Management 22:1176-1192. Bogdanov, A. S., S. I. Doroshev, and A. F. Karpevich. 1967. Experimental transfer of Salmo gairdned and Roceus soxatilis from the USA for acclimatization in bodies of water of the USSR. Voprosy Ikhtlologii 42: 185-187. (Translated from Russian by R. M. Howland, Narragensett Marine Game Fish Research Laboratory, Rhode Island.) Boger, R. A. 2002. Development of a watershed and stream -reach spawning habitat model for river herring (Alosa pseudoharengus and A. oestivalls). Doctoral dissertation. The College of William and Mary, Williamsburg, Virginia. Bowker, R. G., D. J. Baumgartner, J. A. Hutcheson, R. H. Ray, and T. L. Wellborn, Jr. 1969. 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