20080868 Ver 2_Public Notice_20080522 (2)

Update: Notification of a Public Notice from Wilmington District Re...
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Subject: Update: Notification of a Public Notice from Wilmington District Regulatory Division, US Army Corps Of Engineers
From: "Wallace, Nancy SAW" <[e-mail]>
Date: Thu, 22 May 2008 11:16:29 -0400
BCC:
UPDATE: The FEIS will officially be released tomorrow, Friday, May 23, 2008 and the official comment period will begin May
23, 2008. The FEIS will not be available on the website indicated below until May 23, 2008. We apologize for any
inconvenience this may cause.
As you requested, you are hereby notified that Wilmington District, United States Army Corps of Engineers has issued a Public
Notice. The text of this document can be found on the Public Notices portion of the Regulatory Division Home Page. Each
Public Notice is available in ADOBE ACROBAT (.pdf) format for viewing, printing or download at
http://www.saw.usace.army.miI/wetlands/notices/current notices.html . As with anything you download from the internet, be
sure to check for viruses prior to opening. The current notice involves:
PUBLIC NOTICE
ISSUE DATE: May 22, 2008
COMMENT DEADLINE: July 7, 2008
CORPS ACTION ID#: 200110096
PROJECT DESCRIPTION : The Potash Corporation of Saskatchewan Phosphate Division, Aurora Operation (PCS) has
applied for Department of the Army authorization to undertake an approximately 11,909 acre mine advance into an
approximately 15,100 acre project area surrounding its current mining operation located north of Aurora, Beaufort County, North
Carolina. The proposed expansion would occur over an approximately 37 year period and would impact approximately 4,135
acres of waters of the United States including wetlands adjacent to The Pamlico River, South Creek and Durham Creek. The
Purpose and Need for the proposed action is to continue mining its [the applicant's] phosphate reserve in an economically viable
fashion. More specifically, the applicant's purpose and need is to implement a long-term systematic and cost-effective mine
advance within the project area for the ongoing PCS mine operation at Aurora, North Carolina.
Pursuant to the National Environmental Policy Act (NEPA), the Corps of Engineers, Wilmington District, Regulatory Division
(Corps) has prepared an Environmental Impact Statement (EIS) to examine the impacts of the proposed action and alternatives to
the proposed action. Specific plans and location information are fully described in the final EIS (FEIS). The Public Notice and
the FEIS are available on the Wilmington District Web Site at http://www.saw.usace.army.mil/WETLANDS/index.htmi under
the "Major Projects and Policies" heading. Written or electronic copies of the document may be obtained by contacting Ms
Thelma Hemmingway at [phone].
The Corps of Engineers is soliciting comments on the proposed activity, the alternatives and the FEIS. The Corps will accept
written comments pertinent to the proposed work, the alternatives and the FEIS until 5pm, July 7, 2008. Comments should be
submitted to U.S. Army Corps of Engineers, Wilmington District, Regulatory Division. ATTN: File Number 2001-10096, Post
Office Box 1890, Wilmington, NC 28402-1890. Questions about the proposed action and FEIS can be directed to Mr. Tom
Walker, Project Manager, Regulatory Division, telephone: [phone] extension 222
POC: Tom Walker, telephone [phone] ext 222
Expiration Date : 5:00 p.m., July 7, 2008
1 of 1 5/22/2008 12:23 PM
Notification of a Public Notice from Wilmington District Regulatory...
0 8 4 8 6 8
Subject: Notification of a Public Notice from Wilmington District Regulatory Division, US Army Corps Of Engineers
From: "Wallace, Nancy SAW" <[e-mail]>
Date: Thu, 22 May 2008 10:17:29 -0400
BCC:
As you requested, you are hereby notified that Wilmington District, United States Army Corps of Engineers has issued a Public
Notice. The text of this document can be found on the Public Notices portion of the Regulatory Division Home Page. Each
Public Notice is available in ADOBE ACROBAT (.pdf) format for viewing, printing or download at
http://www.saw.usace.army.mil/wetlands/notices/current notices.html . As with anything you download from the internet, be
sure to check for viruses prior to opening. The current notice involves:
PUBLIC NOTICE
ISSUE DATE: May 22, 2008
COMMENT DEADLINE: July 7, 2008
CORPS ACTION ID#: 200110096
PROJECT DESCRIPTION : The Potash Corporation of Saskatchewan Phosphate Division, Aurora Operation (PCS) has
applied for Department of the Army authorization to undertake an approximately 11,909 acre mine advance into an
approximately 15,100 acre project area surrounding its current mining operation located north of Aurora, Beaufort County, North
Carolina. The proposed expansion would occur over an approximately 37.year period and would impact approximately 4,135
acres of waters of the United States including wetlands adjacent to The Pamlico River, South Creek and Durham Creek. The
Purpose and Need for the proposed action is to continue mining its [the applicant's] phosphate reserve in an economically viable
fashion. More specifically, the applicant's purpose and need is to implement a long-term systematic and cost-effective mine
advance within the project area for the ongoing PCS mine operation at Aurora, North Carolina.
Pursuant to the National Environmental Policy Act (NEPA), the Corps of Engineers, Wilmington District, Regulatory Division
(Corps) has prepared an Environmental Impact Statement (EIS) to examine the impacts of the proposed action and alternatives to
the proposed action. Specific plans and location information are fully described in the final EIS (FEIS). The Public Notice and
the FEIS are available on the Wilmington District Web Site at http://www.saw.usace.army.mil/WETLANDS/index.html under
the "Major Projects and Policies" heading. Written or electronic copies of the document may be obtained by contacting Ms
Thelma Hemmingway at [phone].
The Corps of Engineers is soliciting comments on the proposed activity, the alternatives and the FEIS. The Corps will accept
written comments pertinent to the proposed work, the alternatives and the FEIS until 5pm, July 7, 2008. Comments should be
submitted to U.S. Army Corps of Engineers, Wilmington District, Regulatory Division. ATTN: File Number 2001-10096, Post
Office Box 1890, Wilmington, NC 28402-1890. Questions about the proposed action and FEIS can be directed to Mr. Tom
Walker, Project Manager, Regulatory Division, telephone: [phone] extension 222
POC: Tom Walker, telephone [phone] ext 222
Expiration Date : 5:00 p.m., July 7, 2008
1 of 1 5/22/2008 10:22 AM
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M PUBLIC NOTICE
US Army Corps
Of Engineers
Wilmington District
Issue Date: May 22, 2008
Comment Deadline: July 7, 2008
Corps Action ID #: 200110096
The Potash Corporation of Saskatchewan Phosphate Division, Aurora Operation (PCS) has
applied for Department of the Army authorization to undertake an approximately 11,909 acre
mine advance into the approximately 15,100 acre project area surrounding its current mining
operation located north of Aurora, Beaufort County, North Carolina. The proposed expansion
would occur over an approximately 37 year period and would impact approximately 4,135 acres
of waters of the United States including wetlands adjacent to The Pamlico River, South Creek
and Durham Creek. The Purpose and Need for the proposed action is to continue mining its [the
applicant's] phosphate reserve in an economically viable fashion. More specifically, the
applicant's purpose and need is to implement a long-term systematic and cost-effective mine
advance within the project area for the ongoing PCS mine operation at Aurora, North Carolina.
Pursuant to the National Environmental Policy Act, the Corps of Engineers, Wilmington District,
Regulatory Division (Corps) has prepared a final Environmental Impact Statement (FEIS) to
examine the impacts of the proposed action and alternatives to the proposed action. Specific
plans and location information are fully described in the FEIS. This Public Notice and the FEIS
are available on the Wilmington District Web Site at w?i'w.saw.usace.armv.mil/wetlands
Applicant: Potash Corporation of Saskatchewan
Phosphate Division, Aurora Operation (PCS)
1530 NC Highway 306 S.
Aurora, North Carolina 27806
Authority
The Corps is evaluating the applicant's proposal and will decide whether to issue, conditionally
issue, or deny the proposed Work pursuant to all applicable procedures of Section 404 of the
Clean Water Act and Section 10 of the Rivers and Harbors Act.
Location
The Current Mine operation is located north of Aurora, Beaufort County, North Carolina,
adjacent the Pamlico River. The defined project area for the current action is comprised of three
tracts; a 3,608 acre area east of the current operation and adjacent South Creek identified as the
NCPC tract, an 8,686 acre area south of the current operation and south of NC Highway 33
identified as the S33 tract and a 2,806 acre area west of the current operation and adjacent
Durham Creek identified as the Bonnerton tract. The S33 tract contains fewer wetlands than
either of the other tracts (S33 = 1,130 acres of waters of the US, NCPC = 2,408 acres of waters
of the US, and Bonnerton = 2,130 acres of waters of the US).
Purpose and Need
The Purpose and Need for the proposed action is to continue mining its [the applicant's]
phosphate reserve in an economically viable fashion. More specifically, the applicant's purpose
and need is to implement a long-term systematic and cost-effective mine advance within the
project area for the ongoing PCS mine operation at Aurora, North Carolina.
Project History
In August 1997 the Corps issued to PCS a Department of the Army Permit (Action ID no.
198800449) to mine wetlands within a portion of the area defined as the NCPC Tract. In
addition, the North Carolina Division of Water Quality (DWQ) issued Water Quality
Certification No. 3092 on May 6, 1997. This action is more fully described in the August, 1996
Final Environmental Impact Statement for the Texasgulf Inc. Mine Continuation. The 1997
permit and certification included impacts to approximately 1,263 acres of Section 404
jurisdictional wetland associated with a mine advance into an approximately 4,900 acre project
area identified as Alternative E in the 1996 FEIS.
On November 2, 2000, PCS applied for Department of the Army authorization to continue its
phosphate mining operation on the Hickory Point peninsula adjacent the Pamlico River and
South Creek, north of Aurora, Beaufort County, North Carolina, once reserves are depleted
under the existing permitted area. The Corps circulated a Public Notice describing this
application on January 2, 2001 (Action ID No. 200110096). PCS elected to further reduce
proposed impacts to waters of the US in response to comments on this Public Notice and
submitted a revised permit application on August 13, 2001. The Corps circulated a second
Public Notice on October 4, 2001, describing the revised application.
The Corps filed a draft Environmental Impact Statement (DEIS) with the U.S. Environmental
Protection Agency (EPA) and released the document via Federal Register Notice on October 20,
2006. The Corps simultaneously issued a public notice requesting comment on the document,
proposed action and the various alternatives. The comment period was originally set at three
months and was extended an additional 2 weeks. The Document identified and evaluated a "No
Action" mining alignment and 9 alternatives. A Public Hearing on the project was conducted on
December 14, 2006.
After review of the comments and further discussion with review agencies and the applicant the
Corps determined it appropriate to evaluate an additional alternative. The Applicant requested a
second additional alternative be evaluated as well. Both these alternatives are contained within
the project area and alternative boundaries established in the DEIS. These two additional
alternatives were presented in Supplement I to the DEIS (SDEIS) submitted to the EPA and
released by Federal Register Notice in November 2007. Information necessary to objectively
evaluate both alternatives and to compare these alternatives to the alternatives introduced in the
DEIS was contained in the SDEIS. The comment period for the SDEIS was set at 45 days and
was extended 10 days.
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Availability
The complete FEIS along with the complete text of the DEIS, the SDEIS, and Public Hearing
Transcript may be viewed on the Wilmington District's website at
httr)://www.saw.Llsace.ariiiY.iniI/WE'FI,ANI)S/index.htmi under the "Major Projects and Policies"
heading. Written or electronic copies of the documents may be obtained by contacting
Ms Thelma Hemingway at [phone].
Written copies of the FEIS are available for viewing at the following library locations:
Hazel Guilford Memorial Library
524 Main Street
Aurora, North Carolina
BHM Regional Library
158 N. Market Street
Washington, North Carolina
Pamlico County Library
603 Main Street
Bayboro, North Carolina
Other Required Authorizations
New Bern - Craven County Library
400 Johnson Street
New Bern, North Carolina
This notice and all applicable application materials are being forwarded to the appropriate State
agencies for review. The Corps will generally not make a final permit decision until the North
Carolina Division of Water Quality (NCDWQ) issues, denies, or waives State certification
required by Section 401 of the Clean Water Act (PL 92-500). The receipt of the application and
this public notice in the NCDWQ Central Office in Raleigh serves as application to the NCDWQ
for certification. A waiver will be deemed to occur if the NCDWQ fails to act on this request for
certification within sixty days of the date of the receipt of this notice in the NCDWQ Central
Office. Additional information regarding the Clean Water Act certification may be reviewed at
the NCDWQ Central Office, 401 Oversight and Express Permits Unit, 2321 Crabtree Boulevard,
Raleigh, North Carolina 27604-2260. All persons desiring to make comments regarding the
application for certification under Section 401 of the Clean Water Act should do so in writing
delivered to the North Carolina Division of Water Quality (NCDWQ), 1650 Mail Service Center,
Raleigh, North Carolina 27699-1650 Attention: Mr. John Dorsey by July 7, 2008.
The applicant has not.provided to the Corps, a certification statement that his/her proposed
activity complies with and will be conducted in a manner that is consistent with the approved
North Carolina Coastal Zone Management Program. Pursuant to 33 CFR 325.2(b)(2), the Corps
can not issue a permit for the proposed work until the applicant submits such a certification to
the Corps and the North Carolina Division of Coastal Management (NCDCM), and the NCDCM
notifies the Corps that it concurs with the applicant's consistency certification.
Evaluation
The FEIS fully describes the coordination history and current determinations for Essential Fish
Habitat (EFH) pursuant to the Magnuson-Stevens Fishery Conservation and Management Act,
Threatened and Endangered Species pursuant to the Endangered Species Act, and Cultural
Resources pursuant to the National Historic Preservation Act.
The decision whether to issue a permit will be based on an evaluation of the probable impacts,
including cumulative impacts, of the proposed activity on the public interest. That decision will
reflect the national concern for both protection and utilization of important resources. The
benefit which reasonably may be expected to accrue from the proposal must be balanced against
its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be
considered including the cumulative effects thereof; among those are conservation, economics,
aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife
values, flood hazards, flood plain values (in accordance with Executive Order -11988), land use,
navigation, shoreline erosion and accretion, recreation, water supply and conservation, water
quality, energy needs, safety, food and fiber production, mineral needs, considerations of
property ownership, and, in general, the needs and welfare of the people. For activities involving
the discharge of dredged or fill materials in waters of the United States, the evaluation of the
impact of the activity on the public interest will include application of the Environmental
Protection Agency's 404(b)(1) guidelines.
Commenting Information
The Corps of Engineers is soliciting comments from the public; Federal, State and local agencies
and officials, including any consolidate State Viewpoint or written position of the Governor;
Indian Tribes and other interested parties in order to consider and evaluate the impacts of this
proposed activity, the alternatives and the FEIS. Any comments received will be considered by
the Corps of Engineers to determine whether to issue, modify, condition or deny a permit for this
proposal. To make this decision, comments are used to assess impacts on endangered species,
historic properties, water quality, general environmental effects and the other public interest
factors listed above.
Any person may request, in writing, within the comment period specified in this notice, that a
public hearing be held to consider the application. Requests for public hearings shall state, with
particularity, the reasons for holding a public hearing. Requests for a public hearing shall be
granted, unless the District Engineer determines that the issues raised are insubstantial or there is
otherwise no valid interest to be served by a hearing.
The Corps will accept written comments pertinent to the proposed work, the alternatives and the
FEIS until 5pm, July 7, 2008. Comments should be submitted to U.S. Army Corps of Engineers,
Wilmington District, Regulatory Division. ATTN: File Number 2001-10096, Post Office Box
1890, Wilmington, NC 28402-1890. Questions about the proposed action and FEIS can be
directed to Mr. Tom Walker, Project Manager, Regulatory Division, telephone: [phone]
extension 222.
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