20080868 Ver 2_Emails_20080515

401 WQ Certification with buffer variance condition
Subject: 401 WQ Certification with buffer variance condition
From: [e-mail]
Date: Thu, 15 May 2008 11:30:11 -0400
To: "John Dorney" <[e-mail]>
CC: [e-mail]
John:
Approximately 80o of the stream impact under Alternative L on NCPC and
Bonnerton is to intermittent streams. Much of the mitigation proposed by
PCS for intermittent streams involves the restoration of riparian headwater
systems, most of which, as you are aware, do not show up as blue lines on
USGS quad maps or as mapped features on soil maps. Therefore, some may
argue that this mitigation is not clearly entitled to receive buffer
mitigation credit. Also, the average buffer mitigation ratio is 2.4:1
(3:1 for zone 1 and 1.5:1 for zone 2), and our stream mitigation ratio is
1.8:1 (which you will see in the mitigation plan coming out with the Final
EIS). For these reasons, we will have a shortage of buffer mitigation as
it is described in the Tar-Pam buffer rules. Therefore, we will still
require a variance from the EMC to allow us to use the flexible buffer
mitigation proposal that we presented to the EMC in early 2006.
As you recall, the EMC looked favorably upon the proposal, but decided it
was premature, and requested that we come back to them after we know what
alternative is/will be permitted. We hope the Corps issues a 404 permit
issued sometime in the July/August timeframe. The DWQ will have to issue a
401 Certification before the 404 permit, but we still don't know exactly
what boundary may be permitted (as you know, PCS has now requested that the
Corps, DWQ and DCM permit Alternative L). However, we still cannot go
before the EMC yet because we don't know if Alt L is what will end up being
permitted. Before the Corps permit is issued, there may not be time to go
before the EMC and complete the variance process before DWQ needs to issue
a 401. Therefore, PCS requests that the 401 WQ Certification that is
issued be with a condition that approval of the Tar-Pam buffer variance
must be granted by the EMC or buffer mitigation will have to be completed
by some other means.
Please let me know if you have any questions or require additional
information at this time.
Thanks.
Ross
Ross M. Smith
Manager, Environmental Affairs
PCS Phosphate Company, Inc.
252-322-8270
rsmithCpcsphosphate.com
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