20080868 Ver 2_Public Notice_20080522

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INCORPORATED
4709 COLLEGE ACRES DRIVE
SUITE 2
WILMINGTON, NORTH CAROLINA 28403-1725
ENVIRONMENTAL CONSULTANTS
TEL [phone]
FAX [phone]
LETTER OF TRANSMITTAL [e-mail]
TO:
Mr. Tom Walker (USACE-1)
Mr. David M. Lekson (USACE-1)
Mr. Scott Jones (USACE-1)
Ms. Brooke Lamson (USACE-1)
Mr. Arch Middleton (USACE-1)
Mr. David Olson (USACE-1)
Mr. John Hamilton (USEPA-3)
Ms. Becky Fox (USEPA-1)
Mr. Tom Welborn (USEPA-2)
Mr. Adam Daigneault (USEPA-1)
Ms. Loretta Sutton (USDOI-1)
Ms. Mary Jane Carbo (BHM reg.library-1)
Ms. Robina Norman (Aurora library-1)
Ms. Joanne Straight (Craven Co. library-1)
Ms. Kat Clowers (Pamlico Co. library-1)
Ms. Chrys Baggett (NCSCH-16)
Mr. David Emmerling (PTRF-1)
Ms. Heather Jacobs (PTRF-1)
Mr. Jimmie Overton (NCDWQ-1)
Mr. Richard Peed (NCDLR-1)
FROM: Julia Kirkland Berger; Samuel Cooper
DATE: 21 May 2008
Mr. Ron Sechler (NMFS-1)
Mr. Sean McKenna (NCDMF-1)
Mr. Terry Moore (NCDMF-1)
Ms. Maria Dunn (NCDMF-1)
Mr. Ted Tyndall (NCDCM-1)
Mr. John Dorney (NCDWQ-1)
Mr. David Moye (NCDCM-1)
Mr. David Cox (NCWRC-1)
Mr. Derb Carter (SELC-2)
Mr. Mike Wicker (USFWS-1)
Dr. David McNaught (ED-1)
Mr. Kyle Barnes (NCDWQ-1)
Mr. Tom Regan (PCS-1)
Ms. Karin Torain (PCS-1)
Mr. Michael Brom (PCS-1)
Mr. Jeff Furness (PCS-1)
Mr. Richard Atwood (PCS-1)
Mr. George House (BPMH-1)
Ms. Emily Coffman (F&A-1)
SUBJECT: PCS PHOSPHATE MINE CONTINUATION FINAL EIS VOLUMES I - IV
WE ARE SENDING YOU: E Attached via FedEx, 2nd day service
Date Description
22 May 2008 USACE Public Notice - Corps Action ID #: 2001 10096
May 2008 FEIS (Volumes I-IV in each box, 4 books total per FEIS) Delivered by FedEx
THESE ARE TRANSMITTED: E For review E For your information
REMARKS:
The Wilmington District Corps website intends to have all the files for this document uploaded and ready for public
view by Friday 23 May 2008. Please visit www.saw.usace.army.mil /Major Projects & Policies/PCS Phosphate
Mine. n i ` /_ i n
Signed:
cc: Ross Smith, PCS Phosphate
Jim Hudgens, CZR Incorporated
File: 1745.62.24

M A1"' 2 2- i! U 8 11 DEN'r•i
I,VETLANNDS AND ANGH
Kirkland Berger
2151 Alternate AlA South • SUITE 2000 • JUPITER, FLORIDA 33477-3902
TFI 501 /747-7455 • FAX [phone] • czrincaczr-inc•com • www.CZRINC.com
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1' 1
US Army Corps PUBLIC NOTICE
Of Engineers
Wilmington District p_u
MAY 2 91 003 e'l Issue Date: May 22, 2008
wtu?r;DS,,RirgRMn;rR BRANCH 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
www.saw.usace.army.mil/wetiands
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.
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
http://www.saw.usace.army.mil/WETLANDS/index.html 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 Dorney 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.