20080868 Ver 2_401 Application_20080609

V-
s'
PCS
Phosphate VAURORA
PCS PHOSPHATE COMPANY, INC.
P.O. BOX 48, AURORA, NC U.S.A. 27806
Federal Express
og- og c, 8
June 6, 2008
Ms. Cyndi Karoly
NC Division of Water Quality
2321 Crabtree Blvd., Suite 250
Raleigh, North Carolina 27604
Dear Ms. Karoly:
In response to your letter of May 27, 2008 to Jeff Furness regarding the Corps of Engineers
Public Notice and 401 Water Quality Certification for the PCS Phosphate Mine Continuation,
enclosed please find five (5) complete sets of an application for a 401 Water Quality
Certification. As you are aware, this has been an 8-year process, and therefore most of the
answers to the questions in the application refer to sections or Appendices within the recently
published Final Environmental Impact Statement (FEIS). This application is for Alternative L,
as identified in the FEIS. Enclosed is a list of all of the state and federal agency individuals who
received a copy of the FEIS.
Also enclosed are five copies of a vicinity map, the Corps 404 permit and DWQ 401 WQ
Certification for Alternative E in 1997, and a check in the amount of $570.00 for the application
fee. For the site plan maps called for in Section III of the application, please refer to FEIS
Figures 1-4a, 1-4b, 1-4c, 3-4, 4-7a, 4-7b, and 4-7c.
If you need additional information or additional copies of the FEIS, please contact me at (252)
322-8270 or [e-mail], or contact Jeff Furness at [phone] or
j furnessgpcsphosphate. com.
Sincerely,
lei
Ross M. mith
Manager, Environmental Affairs
Enclosures
JUN 9 2008
DENR' ,VAi'E1? WAU t t
WETLANDS AND "Tr-)RMWATER BRANCH
4
PC:
Tom Walker, USACE w/encl.
T.J. Regan w/o encl.
M. Brom w/encl.
R.C. Atwood w/o encl.
J.C. Furness/23-01-004-33 w/encl.
J. M. Waters w/o permits
G.W. House w/o permits
S. Cooper - CZR w/o permits
J. Hudgens - CZR w/o permits
Office Use Only: Form Version March 08
USACE Action ID No. 200110096 DWQ No. 08 - 0868
(If any particular item is not applicable to this project, please enter "Not Applicable" or -N/A-.)
1. Processing
Check all of the approval(s) requested for this project:
Section 404 Permit ® Riparian or Watershed Buffer Rules
Section 10 Permit ? Isolated Wetland Permit from DWQ
401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: n/a
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
? MON
II. Applicant Information `e=s W D
1. Owner/Applicant Information JUN 9 2008
Name: PCS Phosphate Company, Inc. 096' VVf(ERU'AUTV
Mailing Address: 1530 NC HM 306 South WETUWDSANDSTORMWATERBMC14
Aurora. NC 27806
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: rsmithklcsphosphate.com
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Sam Cooper / Julia Berger
Company Affiliation: CZR Incorporated
Mailing Address: 4709 College Acres Drive
Suite 2
Wilmington, NC 28403
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: scoopergczr-inc.com , jbergergczr-inc.com
Page 5 of 12
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: PCS Phosphate Mine Continuation
2. T.I.P. Project Number or State Project Number (NCDOT Only): n/a
3. Property Identification Number (Tax PIN): There are hundreds within the project boundary.
4. Location
County: Beaufort Nearest Town: Aurora
Subdivision name (include phase/lot number): n/a
Directions to site (include road numbers, landmarks, etc.): From Greenville, NC, proceed
east on NC 33 to Aurora. Turn left at NC 306, and proceed 6 miles to main plant entrance.
5. Site coordinates (Lat/Long or decimal degrees): 30° 22' 03.25" N, 76° 46' 16.52" W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.) (to plant entrance)
6. Property size (acres): 15.100
7. Name of nearest receiving body of water: Pamlico River, South Creek, Durham Creek
River Basin: Tar - Pamlico
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/mgps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: See Final Environmental Impact Statement (FEIS , Sections
3.1 3.8.1 and 3.17.3, for the PCS Phosphate Mine Continuation, Aurora, North Carolina.
U.S. AM Corps of Engineers Wilmington District. ME 2008
Page 6 of 12
10. Describe the overall project in detail, including the type of equipment to be used:
See FEIS Sections 1.3 .2.1.1 2.2.1 and 2.2.2
11. Explain the purpose of the proposed work: To continue mining our phosphate reserve in an
economically viable fashion More specifically, to implement a long-term systematic and
cost -effective mine advance within the project area for the on-going PCS mine operation at
Aurora. NC.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. USACE Action ID 198800449, Applied 9/1/88, Issued 8/27/97
DWO 401 W Cert. No. 3092, Project No. 961120, Applied 2/10/94, Issued 5/6/97
All streams have been delineated by DWO and all wetlands by USACE. 1997 permits approved
1,263 acres of wetland impact mitigation of 2,000 acres at Parker Farm.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
Mine continuation permits would be requested sometime greater than 20 years from now. This is
a 37 year permit request.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: See FEIS Table 2-3 (Alternative LL
Figures 4-7a , 4-7b and 4-7c , and Sections 4.2.1 and 4.2.2 (the Alternative L paragraphs)
Page 7 of 12
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
( es/no) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)
Figures 4-7a,b & c Land clearing, mining Numerous Yes & No Various 4,124
and Appendix I,
Table 1

Total Wetland Impact (acres) 4,124
3. List the total acreage (estimated) of all existing wetlands on the property: 6,380
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact
Number
(indicate on map)
Stream Name
Type of Impact Perennial
or
Intermittent Average
Stream Width
Before Impact Impact
Length
(linear feet) Area of
Impact
(acres)
Figures 4-7a,b & c Numerous Land clearing, mining Both Various 29,288 8
and Appendix I,
Table 2

Total Stream Impact (by length and acreage) 29,288 8
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact
Site Number
(indicate on ma) Name of Waterbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc.) Area of
Impact
(acres)
Figure 4-7a n/a Land clearing, mining Ponds 11

Total Open Water Impact (acres) 11
Page 8of12
6. List the cumulative impact to all Waters of the U.S. resulting from the project.
Stream Impact (acres): 8
Wetland Impact (acres): 4,124
Open Water Impact (acres): 11
Total Impact to Waters of the U.S. (acres) 4,143
Total Stream Impact (linear feet): 29,288
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ®No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. Pond Creation n/a
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. See FEIS Sections 4.3.2.1 and
4.3.2.2 and Table 4-27, and Appendix J Summarized Comment Response 3.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
Page 9 of 12
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmgide.html.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
See FEIS Section 4.3.2.3, and Appendix I.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page three and provide the following information:
Amount of stream mitigation requested (linear feet): n/a
Amount of buffer mitigation requested (square feet): n/a
Amount of Riparian wetland mitigation requested (acres): n/a
Amount of Non-riparian wetland mitigation requested (acres): n/a
Amount of Coastal wetland mitigation requested (acres): n/a
Page 10 of 12
IX.
Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ® No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter. Yes ? No ® Currently under review,
comment period closes on 7/7/08.
X.
Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify V Yes ® No ?
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 33.01 3 (2 for Catawba) 99.03
2 22.13 1.5 33.20
Total 55.14 132.23
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260. See FEIS Section 4.3.2.3.4.2, and FEIS
Appendix I Sections 3.4, 4.3.3, and Attachments 1-11.
Page 11 of 12
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. Stormwater controls - See FEIS Section 4.2.1.6
Impervious acreage - 363 existiniz, less than that proposed; 15,100 total acreage
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
No wastewater generated from the proposed project.
Available capacity of the facility is 30,000 GPD
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application? Yes ? No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development which could impact nearby downstream water quality? Yes ? No 19
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
See FEIS Section 4.2.1.21
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
401 WO Cert. required in 60 days: DWQ has participated in Review Team since 2001, USACE
issued FEIS on 5/23/08 - comment period closes 07/07/08, 401 WO Cert. required for USACE
©l /ol
' Appwcant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
5_1
.,.*
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO August 20, 1997
Regulatory Branch
Action ID. 198800449
Potash Corporation of Saskatchewan
Phosphate Company, Inc.
Attn: Mr. Thomas J. Regan, Jr.
Post Office Box 48
Aurora, North Carolina 27806
Dear Mr. Regan:
In accordance with your written request of November 21, 1996, and the ensuing
administrative record, enclosed is a Department of the Army (DA) permit to mine phosphate
rock from an area known as Alternative E, near Aurora, Beaufort County, North Carolina.
If any change in the authorized work is required because of unforeseen or altered conditions
or for any other reason, the plans revised to show the change must be sent promptly to this
office. Such action is necessary, as revised plans must be reviewed and the permit modified.
Carefully read your permit. The general and special conditions are important. Your failure to
comply with these conditions could result in a violation of Federal law. Certain significant
general conditions require that:
a. You must complete construction before December 31, 2017.
b. You must notify this office in advance as to when you intend to commence and
complete work.
c. You must allow representatives from this office to make periodic visits to your worksite
as deemed necessary to assure compliance with permit plans and conditions.
-2-
The enclosed Notice of Authorization, ENG Form 4336, must be conspicuously displayed at
your worksite. -
Enclosures
Copy Furnished with enclosures:
Chief, Source Data Unit
NOAA/National Ocean Service
ATTN: Sharon Tear N/CS261
1315 East-west Hwy., Rm 7316
Silver Spring, MD 20910-3282
Copies Furnished with special conditions
and plans:
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
Mr. Thomas Welborn, Chief
Wetlands Protection Section - Region IV
Water Management Division
U.S. Environmental Protection Agency
61 Forsyth Street
Atlanta, Georgia 30303
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
DEPARTMENT OF THE ARMY PERMIT
POTASH CORPORATION OF
SASKATCHEWAN PHOSPHATE COMPANY, INC.
Permittee
198800449
Permit No.
CESAW-CO-R
Issuing Office
i ECE-W EL
U 1 097
aGIR Tf1k'Y QA?d w
NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term
"this office" refers to the appropriate, district or division office of the Corps of Engineers having jurisdiction over the permitted
activity or the appropriate official of that office acting under the authority of the commanding officer.
You are authorized to perform work in accordance with the terms and conditions specified below.
Project Description:
The permitted project is a surface mine (open pit) operation to mine phosphate rock identified as Alternative E
and described in the EIS issued for this project. The project, as permitted, can produce approximately 5.45
million metric tons of phosphate concentrate annually over an approximate seventeen-year period. It would
cause the loss of approximately 1,263 acres of Section 404 jurisdictional wetlands. The permitted project,
Alternative E, includes a high ground area located south of the PCS plant facilities and approximately ten years
of mining area within the western portion of the NCPC tract. The approved area of work, subject to an
excluded area as provided for in the Special Conditions, is identified on Figure 1 which is included with this
permit. The annual mining blocks shown on Figure 1, reflect the sequence in which the mine advance must
follow and do not reflect the year in which the blocks are mined. Accordingly, all of the high ground area
located south of the plant facilities must be mined first.
Project Location:
Near the PCS Phosphate Company, Inc. plant facilities located off the Pamlico River and its tributaries, near
Aurora, in Beaufort County, North Carolina.
Permit Conditions:
General Conditions:
December 31, 2017
1. The time limit for completing the work authorized ends on . If you find that you need
more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least
one month before the above date is reached.
2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and condi-
tions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make
a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain
the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of
this permit from this office, which may require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by
this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordina-
tion required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register
of Historic Places.
ENG FORM 1721, Nov 86 EDITION of SEP 82 IS OBSOLETE. (33 CFR 325 (Appendix A))
4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided
and forward a copy of the permit to this office to validate the transfer of this authorization.
5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified
in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it con-
tains such conditions.
6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure
that it is being or has been accomplished in accordance with the terms and conditions of your permit.
Special Conditions:
See attached sheet
Further Information:
1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to:
( ) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).
(X) Section 404 of the Clean Water Act (33 U.S.C. 1344).
( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413).
2. Limits of this authorization.
a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law.
b. This permit does not grant any property rights or exclusive privileges.
c. This permit does not authorize any injury to the property or rights of others.
d. This permit does not authorize interference with any existing or proposed Federal project.
3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following:
a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural
causes.
b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf
of the United States in the public interest.
c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity
authorized by this permit.
d. Design or construction deficiencies associated with the permitted work.
2
e. Damage claims associated with any future modification, suspension, or revocation of this permit.
4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public
interest was made in reliance on the information you provided.
5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances
warrant. Circumstances that could require a reevaluation include, but are not limited to, the following:
a. You fail to comply with the terms and conditions of this permit.
b. The information provided by 'you in support of your permit application proves to have been false, incomplete, or
inaccurate (See 4 above).
c. Significant new information surfaces which this office did not consider in reaching the original public interest decision.
Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation
procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The
referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms
and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any
corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations
(such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the
cost.
6. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this permit. Unless
there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest
decision, the Corps will normally give favorable consideration to a request for an extension of this time limit.
Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this permit.
(PERMITTEE) (DATE)
POTASH CORPO TI OF
SASKATCHEWAN P TE COMP
This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below.
4 ? 4T 2,??gy
(DISTRIC =YOLUTH, (DATE)
T ERRY COLONEL,EN
When the structures 4 work authorized by this permit are still in existence at the time the property is transferred, the terms and
conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit
and the associated liabilities associated with compliance with its terns and conditions, have the transferee sign and date below.
(TRANSFEREE) (DATE)
*U.S. GOVERNMENT PRINTING OFFICE: 1986 - 717-426
Special Conditions:
1. The Permittee must accomplish the proposed mitigation plan (Attached) with the following
additional clarifications and requirements:
a. If, at the end of the initial monitoring period, success criteria have not been met, the
permittee shall develop a remedial plan within six months of the end of the monitoring period,
and submit it to the USACE for review and approval. The approved remedial plan will be
implemented as specified by the USACE, taking into account appropriate planting seasons, but
in no event later than one year from the date of USACE approval of the remedial plan.
b. Within one year of the date of issuance of the permit, the permittee will convey a
conservation easement over all mitigation lands, with terms and conditions acceptable to the
USACE, to a non-profit conservation group, or Federal, State or local government entity
acceptable to the USACE, for conservation purposes. The permittee shall perform no work on
the mitigation lands except as required by the mitigation plan, prior to the conveyance of such
conservation easement. The permittee shall take no action on any lands that it owns that would
interfere with the restoration and preservation of the mitigation lands as wetlands.
2. Within six months, the Permittee shall develop and implement cadmium contamination
studies and monitoring, subject to approval by the USACE, in consultation with the North
Carolina Division of Water Quality, and USEPA with regard to water quality issues, and in
consultation with the North Carolina Wildlife Resources Commission, and USFWS with regard
to issues related to uptake by plant species, and ultimate consumption by foraging wildlife. In
the event the USACE determines that the results of those studies indicate that remedial action is
necessary, the permittee shall implement any such remedial action directed by the USACE.
3. The Permittee must perform appropriate studies developed in coordination with the USACE
and the State to assess whether there are water quality impacts or hydrologic impacts on the
tributaries of South Creek and the Pamlico River due to the removal of drainage area from these
tributaries. The NCDWQ condition addressing this issue should satisfy this requirement. If
adverse effects are identified within the tributaries identified in the NCDWQ condition, the
USACE may require that additional tributaries of the Pamlico River and South Creek be
included in the scope of the study. If unacceptable impacts are identified, appropriate remedial
action must be developed and implemented by PCS to rectify the impact. This may include the
addition of supplemental flows to the tributaries by pumping water from the aquifer
decompression canal into the drainage of these systems.
4. The Permittee must avoid all impacts to wetlands within the mining block identified for
Alternative E as mining block 20 that were identified as bottomland hardwood habitat.
5. The Permittee must comply with all 401 Water Quality Certification conditions specified
above and in Water Quality Certification 93092.
6. The Permittee must comply with all NCDCM consistency conditions identified in its letter
dated May 7, 1997.
7. The permittee shall allow personnel of all State and Federal commenting agencies the right to
access the property covered by this permit, including the mitigation property, subject to
acceptable notice and safety requirements of the permittee, to monitor and observe these
properties for compliance with this permit.
ATTACHMENT
COMPENSATORY WETLANDS MITIGATION PLAN
PCS PHOSPHATE COMPANY, INC. MINE EXPANSION
AURORA, NORTH CAROLINA
t, r State of North Carolina
Department of Environment, LT.RAA
Health and Natural Resources &14
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary ??.¦ ' Sl¦ N R
A. Preston Howard, Jr., P.E., Director
May 6, 199'
Mr. Thomas J. Regan, Jr.
PCS Phosphate Company, Inc.
P.O. Box 48
Aurora, NC 27806
Dear Mr. Regan,
Re: Certification Pursuant to Section 401 of the Federal Clean Water Act,
Proposed expansion of PCS Phosphate mine
WQC Project #961120, COE #198800449
Beaufort County
Attached hereto is a copy of Certification No. 3092 issued to PCS Phosphate Company dated
6 May 1997.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
i
A. Preston Howard, Jr. P?E.
Attachments
961120.wgc
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DWQ Regional Office
Mr. John Dorney
Mr. John Parker, Division of Coastal Management
Central Files
Kristin Rowles, Tar-Pamlico River Foundation
Derb Carter, Southern Environmental Law Center
Melba McGee, EHNR
Frank McBride, WRC
Charles Gardner, DLR
Bruce Bolick, CZR
Roger Schecter, DCM
Katy West, DMF
Division of Water Quality - Environmental Sciences Branch
Enviro. Sciences Branch. 4401 Reedv Creek Rd.. Raleiah. NC 27607 Telephone [phone] FAX # [phone]
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401
Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of
Water Quality (DWQ) Regulations in 15 NCAC 2H, Section .0500 to PCS Phosphate Company
resulting in 1,268 acres of wetland impact in Beaufort County pursuant to a revised application
filed on the 5th day of December of 1996 to expand an existing open pit phosphate mine following
the alignment of Alternative E as outlined in the Environmental Impact Statement except as
modified below.
The application provides adequate assurance that the discharge of fill material into the waters
of South Creek and its tributaries in conjunction with the proposed development will not result in
a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State
of North Carolina certifies that this activity will not violate the applicable portions of Sections 301,
302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application
and conditions hereinafter set forth.
This approval is only valid for the purpose and design that you submitted in your application,
as described in the Public Notice or as modified below. If you change your project, you must
notify us and you may be required to submit a revised application. If additional wetland fills for
this project (now or in the future) are proposed, additional compensatory mitigation will be
required as described in 15A NCAC 2H.0506 (h) (6) and (7). For this approval to be valid, you
must follow the conditions listed below. In addition, you should get any other federal, state or
local permits before you go ahead with your project including (but not limited to) Sediment and
Erosion control, Coastal Stormwater, Non-discharge and Water Supply watershed regulations.
Condition(s) of Certification:
1. That appropriate sediment and erosion control practices which equal or exceed those
outlined in the most recent version of the "North Carolina Sediment and Erosion Control
Planning and Design Manual" or the "North Carolina Surface Mining Manual" (available
from the Division of Land Resources in the DEHNR Regional or Central Offices) are
utilized to prevent exceedances of the appropriate turbidity water quality standard (50
NTUs in all freshwater streams and rivers and 25 NTUs in all saltwater classes);
2. Since an environmental impact statement is required, this Certification is not valid until a
Record of Decision is issued by the US Army Corps of Engineers;
3. Measures shall be taken to prevent live or fresh concrete from coming into contact with
waters of the state until the concrete has hardened;
4. This certification shall expire on 5 May 2007 unless PCS demonstrates to the
satisfaction of the Director of the Division of Water Quality that no mining methodology
is available and economically feasible which would reduce impacts to wetlands and
waters. Should this demonstration be accepted by the Director of DWQ, then this
Certification shall expire on 5 May 2017.
5. Mitigation is required as described in the 5 December 1996 Public Notice from the U.S.
Army corps of Engineers. DWQ shall be sent two copies of all annual monitoring reports
for the wetland mitigation effort. If mitigation is not successful, additional mitigation will
be required.
6. A water management and stream monitoring plan for water quality, water quantity, and
biology (macrobenthos and fish) shall be developed by PCS Phosphate and submitted to
DWQ for written approval. This plan shall include monitoring for Huddles Cut
z
s d
(which is a tributary of the Pamlico River) and Jacks Creek and Tooleys Creek (which are
tributaries of South Creek) or other streams with Primary Nursery Area functions. This
plan shall be designed to assure the protection of downstream water quality standards,
including downstream Primary Nursery Area functions, in all tribuitaries to South Creek
and Pamlico River adjacent to the mining site. This plan shall identify any deleterious
effect on riparian wetland function including but not limited to water storage, pollutant
removal, streambank stabilization, as well as resident wetland-dependent aquatic life and
resident wetland-dependent wildlife habitat and aquatic life in streams tributary to the
Pamlico River and South Creek on the Durham-South Creek peninsula. This plan shall
also provide mechanisms for written approval from DWQ to remedy these effects if any
are identified. If necessary, management activities to protect these uses will be required
for all of the tributaries to South Creek and Pamlico River. This plan shall be submitted
to DWQ within six months of the date of issuance of the 404 Permit. Seven copies of the
draft plan shall be submitted to DWQ for circulation and review by the public and other
agencies.
7. This Certification is for wetland impacts in Alternative E as described in the final
Environmental Impact Statement. It does not provide Certification for additional wetland
impacts along South Creek, it's tributaries and wetlands in those watersheds. Additional
wetland impact may not be allowed elsewhere on the peninsula unless agreed upon in
writing by the N.C. Division of Water Quality in the future. Compensatory mitigation
will be required for any additional wetland fill.
Violations of any condition herein set forth shall result in revocation of this Certification and
may result in criminal and/or civil penalties. This Certification shall become null and void unless
the above conditions are made conditions of the Federal 404 Permit.
If this Certification is unacceptable, you have the right to an adjudicatory hearing upon
written request within sixty (60) days following receipt of this Certification. This request must be
in the form of a written petition conforming to Chapter 150B of the North Carolina General
Statutes and filed with the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C.
27611-7447. If modifications are made to an original Certification, you have the right to an
adjudicatory hearing on the modifications upon written request within sixty (60) days following
receipt of the Certification. Unless such demands are made, this Certification shall be final and
binding.
This the 6th day of May, 1997
DIVISION OF WA QUALITY
A. Preston Howard, Jr P.E.
WQC #3092
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
[D E--= F %J Fla'
August 6, 1997
Mr. Thomas J. Regan, Jr.
PCS Phosphate Company,
P.O. Box 48
Aurora, NC 27806
Dear Mr. Regan:
?M T on
AL
UG 0 7 7997 IU
#\1-
Re: Modification of Water Quality Certification Number 3092
Proposed PCS mine expansion
DWQ Project #961120, COE #198800449
Beaufort County
DWQ issued Certification No. 3092 on 6 May 1997 to the PCS Company to allow
the fill of 1,268 acres of wetlands for a mine expansion in Beaufort County. Condition
Number Two of that Certification is hereby rescinded since it may result in permit
processing difficulties for the U.S. Army Corps of Engineers. All other conditions are still
applicable.
Please call Mr. John Dorney of my staff at 919-733-1786 if you have any questions.
Sincerely,
D 14
Howard, Jr (.E.
cc:
Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DWQ Regional Office
Mr. John Domey
Mr. John Parker; DCM
Central Files
Kristin Rowles, Tar-Pamlico River Foundation
Derb Carter, Southern Environmental Law Center
Melba McGee, EHNR
Frank McBride, WRC
Charles Gardner, DLR
Bruce Bolick, CZR
Roger Schecter, DCM
Katy West, DMF
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NO 27607 Telephone [phone] FAX # [phone]
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