20080868 Ver 2_Staff Comments_20080630

W ATF9QG Michael F. Easley, Governor
William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
< Coleen H. Sullins, Director
Division of Water Quality
June 30, 2008
MEMMO
TO: Melba McGee
FROM: John Dorney
RE: Division of Water Quality omments on Final EIS - PCS Phosphate
DWQ # 2008-0868
Beaufort County
As you know, the Division has to issue a 401 Water Quality Certification for the 404
Permit that will be needed by PCS Phosphate to conduct their mine expansion. The review of
the EIS and the application for the mine,expansion is underway within DWQ and will be
conducted in accordance with our 401 Certification rules as outlined in 15A NCAC 2H .0500.
Based on an initial review of the document, we anticipate needing to place this project on hold
due to the need for more information and will be doing a letter to that effect as soon as staff
review is complete.
The additional information will include 1) the need for a variance from the NC
Environmental Management Commission for buffer mitigation, 2) further minimization of
wetland impacts especially in the Bonnerton tract's hardwood flats which have been identified
by the NC Natural Heritage Program as nationally significant, 3) on-site mitigation opportunities
(stream restoration and wetland enhancement) in the Bonnerton tract, and 4) concerns with some
of the mitigation plans. We also anticipate that the 401 Certification can be issued once these
(and other) issues are resolved but that Certification will be heavily conditioned in order to
protect water quality including monitoring of the indirect effects of mining thru removal of the
watersheds of the smaller streams on the property.
If you have additional questions, I can be reached. at 919-733-9646. We will copy you
on the on-hold letter once it is sent out.
Cc: Jeff Furness, PCS Phosphate, Inc. P.O. Box 48, Aurora, NC 27806
Kyle Barnes, DWQ Washington Regional Office
Cyndi Karoly
Amy Chapman
File copy
Central files
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncwetlands
None Carolina
Naturally
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