20080868 Ver 2_DMF Comments_20080627

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NCDENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor Division of Marine Fisheries Dr. Louis B. Daniel III, Director
William G. Ross Jr., Secretary
MEMORANDUM
To: Melba McGee
Through: Anne Deaton
From: Sean McKenna
Date: June 27, 2008
Subject: PCs Phosphate mine advance, Beaufort County
The following comments by the North Carolina Division of Marine Fisheries (NCDMF) on the Final
Environmental Impact Statement (FEIS) are offered pursuant to G.S. 113-131. The Potash Corporation of
Saskatchewan Phosphate Division (PCs), Aurora Operation has applied for a Department of the Army
authorization to continue its phosphate mining operation on the Hickory point peninsula adjacent to the
Pamlico River and South Creek, north of Aurora, in Beaufort County. The applicant's purpose and need is
to continue mining its 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 phosphate mine operation at Aurora (Beaufort county), North
Carolina. The mining method is "open pit." The upper soil layers are completely removed to reach target
phosphate ore at varying depths. All surface features, including topography, vegetation, and waters, are
destroyed, when mining occurs, and the soils and surface features are rebuilt in an altered fashion some
years later.
On April 25, 2008 the PCs requested that it's application be modified to request a permit for
Alternative L. Based on information provided by the applicant this alternative would provide approximately
37 years of mining at current production levels (5M tons of concentrated phosphate rock per year).
Alternative L avoids all areas regulated by CAMA. Alternative L is an 11,909-acre project area with direct
mining impacts to 4,135 acres of wetlands and 20 acres of open waters (8 acres of streams and 12 acres
of ponds). There will also be drainage basin reduction to a number of creeks and streams in the project
area. Impacted waters include Whitehurst Creek (4%), Jacks Creek (68%), Jacobs Creek (54%),
Drinkwater Creek (61 %), Tooley Creek (46%), and 45% of the unnamed tributaries of South Creek. These
creeks drain into South Creek, a MFC designated Special Secondary Nursery Area, and their loss will have
significant adverse impacts on the function of the downstream nursery area. Huddles Cut and Huddy Gut
drainage basins would be permanently reduced by 63% and 58% respectively. An unnamed tributary of
the Pamlico River would be reduced by 45%. In the Bonnerton Tract, Porter Creek would be reduced by
70%, Durham Creek would be reduced by two percent, and Bailey Creek would see a 3% reduction.
Drainage reductions in the S33 Tract include Bailey Creek (40%), Broomfield Swamp (72%), and Cypress
Run (75%). Jacobs, Tooley, Jacks and Porter creeks are designated inland PNAs by the INC Wildlife
Resources Commission.
Based on the discussion below, the NCDMF finds this FEIS to be inadequate. Therefore, it is not
suitable for use as a decision support document in its current form. Furthermore, if this document were to
be utilized as the primary support document for issuance of a permit for the requested mine advance, the
NCDMF would be opposed to Alternate L or any alternate that involves further mining in the NCPC tract
due to the significant negative adverse impacts to estuarine fisheries resources, fish habitats, water quality,
and public trust waters in the Pamlico River system. Impacts would include both direct and indirect effects.
Direct effects would be seen through drainage basin reductions, sedimentation, and loss of habitat.
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North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor Division of Marine Fisheries Dr. Louis B. Daniel III, Director
William G. Ross Jr., Secretary
Indirect effects would include negative impacts to Essential Fish Habitat (EFH) and Habitat Areas of
Particular Concern (HAPCs), impacts associated with heavy metal contamination, drainage basin
reductions, impacts to commercial and recreational fisheries, long-term water quality impacts from the
mining activity, and loss of wetland functions.
As noted in Section 1.6 (Areas of Controversies and Unresolved Issues) of the FEIS;
"Areas of potential controversy include avoidance, minimization, and/or mitigation of
impacts to wetlands and waters; overall level and extent of impacts to aquatic
resources; direct, indirect, and cumulative impacts to surface and groundwater
quality, air quality, and terrestrial and aquatic communities; elevated cadmium
concentration in reclaimed lands; and length of the authorized permit activities."
The NCDMF raised concerns about these unresolved issues in our comments on the Draft EIS
[DEIS (2/2/07)] and the supplement to the DEIS (12/4/07), and is very disappointed that the CORPS chose
not to adequately address them in the FEIS. Not only were our concerns not fully addressed, but the
CORPS never contacted the NCDMF to talk about these issues during the preparation of the FEIS. The
NCDMF understands that this is a CORPS document and ultimately they have the final say on the
adequacy and content of the document. However it is important to remember that this document will also
be used to satisfy the requirements of the State Environmental Policy Act, and the NCDMF is the state
agency charged with the stewardship of the marine and estuarine resources of the State of North Carolina
and is responsible for the management,of all marine and estuarine resources. Therefore the NCDMF
believes that our concerns merit full consideration by the CORPS since the proposed action will have
significant negative adverse impacts to estuarine fisheries resources, and fish habitats of the state, based
on the information provided.
In addition to significant concerns with the proposed mining activity and the inadequacy of the FEIS,
the mitigation plan only addresses direct impacts. According to the National Environmental Policy Act of
1969 (NEPA) "Effects include: (a) Direct effects, which are caused by the action and occur at the same
time and place. (b) Indirect effects, which are caused by the action and are later in time or farther removed
in distance, but are still reasonably foreseeable. Indirect effects may include growth inducing effects and
other effects related to induced changes in the pattern of land use, population density or growth rate, and
related effects on air and water and other natural systems, including ecosystems. Effects and impacts as
used in these regulations are synonymous. Effects include ecological (such as the effect on natural
resources and on the components, structures, and functioning of affected ecosystems), aesthetic, historic,
cultural, economic, social, or health, whether direct, indirect, or cumulative. Effects may also include those
resulting from actions which may have both beneficial and detrimental effects, even if on balance the
agency believes that the effect will be beneficial." (40 CFR 1508.8). Mitigation under the NEPA process
(40 CFR 1508.20) includes "(a) Avoiding the impact altogether by not taking a certain action or parts of an
action. (b) Minimizing impacts by limiting the degree or magnitude of the action and its implementation. (c)
Rectifying the impact by repairing, rehabilitating, or restoring the affected environment. (d) Reducing or
eliminating the impact over time by preservation and maintenance operations during the life of the action.
(e) Compensating for the impact by replacing or providing substitute resources or environments." Based
on these NEPA requirements the NCDMF feels that the mitigation plan must also address indirect impacts.
Indirect impacts to EFH/HAPC total 3,349 acres (Table 1). Since there are no suitable habitats to mitigate
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North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor Division of Marine Fisheries Dr. Louis B. Daniel III, Director
William G. Ross Jr., Secretary
for these losses the NCDMF feels that the only option available is avoidance and minimization. To that end
over 88% of the impacts to EFH/HAPC can be avoided by not allowing any further mining on the NCPC
tract, by avoiding these areas impacts to EFH/HAPC would be minimized to 13%. In view of the fact that
indirect impacts were not accounted for in the mitigation section of the FEIS the NCDMF finds this section
FEIS to be inadequate, and requests that no action be taken on this permit until such time as a complete
mitigation plan is developed that provides mitigation for both direct and indirect impacts as required by
NEPA. Additionally, the mitigation plan needs to include a contingency plan and financial assurances to
address potential long-term increased metal concentration in the aquatic and terrestrial environment from
mining and reclamation activities. Also, if the CORPS determines that indirect impacts do not need to be
mitigated for, then a contingency plan and financial assurances for these indirect impacts needs to be
provided.
Table 1. Alternative L impacts (total acres) to Essential Fish Habitat (EFH) and Habitat Areas
of Particular Concern (HAPCs) by area.
EFH/HAPC
Area impacted (acres)'
NCPC Bonnerton S33
Tidal freshwater (palustrine)
emergent wetlands
Tidal palustrine forested areas
Estuarine wetlands
Unconsolidated bottom (soft
sediments)
Tidal creeks
Tidal freshwater
Estuaries
Mixing and seawater zone of the
Pamlico River
Primary nursery Areal
Special Secondary Nursery Area3
Tidal freshwater SAV
Estuarine SAV
Submerged rooted vascular plants
46 2 0
15 0 0
87 0 0
38 0 0
38 0 0
1 0 0
130 0.5 4
87 0 0
28.8 70.8 0
1 0 0
33 0 0
(seagrasses) 31 0 0
Total EFH/HAPC impacts 535.8 73.3 4
Percent of EFH/HAPC impacts 87.39% 11.96% 0.65%
Data provided in the FEIS by the applicant
2 FEIS states that there are only 22 acres of impacts, but they only included the portion of the PNA in the
Public trust areas. Also Designation of PNAs is done entirely under state authority; however, the South
Atlantic Fishery Management Council includes North Carolina's PNAs as Essential Fish Habitat by
reference.
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North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor Division of Marine Fisheries Dr. Louis B. Daniel III, Director
William G. Ross Jr., Secretary
s Total SSNA in the South Creek Complex total 2,736 acres, all of which would be indirectly impacted by
this project.
CONCERNS/DEFICIENCIES:
4.1.3.1 Elemental Contaminant Issues
"There are many interactions between and among metals, the species of metals, and
the physical environment (pH, salinity). Some factors enhance uptake while others
inhibit or moderate absorption. Some metals have greater effects on invertebrate
organisms, while other metals affect vertebrates more acutely. Fish and wildlife are
often used as sentinel species and bioindicators during ecological risk studies (Peakall
and Burger 2003). The elemental contaminants within the reclamation areas and found
in plant and animal tissues at PCs are cadmium, arsenic, chromium, and zinc.
Cadmium is a teratogen, a carcinogen, and a possible mutagen. Arsenic is also a
carcinogen and disrupts production of the multifunctional nucleotide ATP involved with
intracellular energy transfer. While chromium and zinc are considered essential trace
elements, health effects from chromium depend upon its oxidation state. Zinc as a free
ion in solution is highly toxic for fish and invertebrates and can suppress copper and
iron absorption. Other determining factors in the bioavailability of metals are host, age,
gender, size, genetic characteristics, behavior (food chain relationships), and the
interactions and synergies between all factors. Indirect effects of contaminants are
difficult to determine and are likely to disrupt aquatic populations at several trophic
levels (Fleeger et al. 2003)."
A review of the CZR Incorporated (1999) report indicates the following:
1. Clay, produced during the initial processing of the phosphate rock, has elevated concentrations of silver,
arsenic, cadmium, chromium, manganese, uranium, zinc, phosphorus, total organic carbon, and calcium
carbonate.
2. Sand tailings, produced with clay during the initial processing of the phosphate rock, have elevated
concentrations of arsenic, cadmium, uranium, and phosphorus.
3. Bucket wheel spoil, overburden removed from above the main phosphate rock deposit has a slightly
elevated concentration of silicon.
4. Gypsum, a byproduct of the reaction of sulfuric acid with phosphate rock, showed levels of arsenic, at or
above the average level for continental rock. Cadmium levels were enriched, on average, 156 times above
background. Levels of uranium, zinc, and phosphorus were also significantly elevated.
5. Blend, composed of clay (1 part) and gypsum (2 to 4 parts), is used in the reclamation process. Blend
showed elevated concentrations of silver, arsenic, cadmium, manganese, uranium, zinc, phosphorus, and
total organic carbon.
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North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor Division of Marine Fisheries Dr. Louis B. Daniel III, Director
William G. Ross Jr., Secretary
6. Concentrations of metals in the sediment of R-3 North and R-3 South showed elevated concentrations of
silver, arsenic, cadmium, chromium, copper (R-3 North), molybdenum, selenium, and zinc. Levels of
cadmium and chromium (R-3 South) on the sampled reclamation sites (R-3 North and R-3 South)
exceeded the effects-range-median value which is defined as the concentration above which harmful
effects would occur frequently. Levels of silver, arsenic, copper, and zinc exceeded the effects-low-range
value which is defined as the concentration below which adverse effects would occur only rarely.
7. Dissolved metal concentrations in surface waters of R-3 North and R-3 South showed
elevated levels of arsenic, cadmium, molybdenum, and zinc. Particulate metals for these
sites was high in arsenic, cadmium, chromium, molybdenum, and zinc (R-3 South only).
These sites exceed chronic freshwater water quality criteria for cadmium and chromium
(R-3 North).
The transfer of toxic chemicals through marine food chains can result in bioaccumulation in fishery
resources. Ecological concerns of contamination in the marine environment include changes in species
distributions and abundance, habitat alterations, and changes in energy flow and biogeochemical cycles.
The toxic effects of chemical contaminants on marine organisms are dependent on bioavailability and
persistence, the ability of organisms to accumulate and metabolize contaminants, and the interference of
contaminants with specific metabolic or ecological processes. Accumulation of contaminants in biological
resources may occur through aqueous, sedimentary and dietary pathways.
The FEIS must thoroughly address the movement, metabolism, bioaccumulation, fate, and short-term and
long-term impacts of these substances (silver, arsenic, cadmium, chromium, copper, molybdenum, selenium,
manganese, uranium, phosphorus, zinc, total organic carbon, and calcium carbonate) on commonly occurring
estuarine organisms important in the estuarine food chain, as well as in vertebrate and invertebrate fishes
taken in the commercial and recreational fisheries of the Pamlico River system and other areas to which fishes
from that area may migrate and support the food chain or be harvested. This analysis is important given that
section 3.6.2.9 (Bottom Sediments) of the FEIS states "In the 1997 study and NCPC monitoring, arsenic,
cadmium, molybdenum, selenium, and zinc were found to be elevated above the level in the continental crust
in most, if not all, of the sampling stations (CZR Incorporated, Trefry, and Logan. 1999)." This analysis should
look at direct, indirect, and cumulative impacts.
The importance of the elemental contaminant issues cannot be understated given the potential
biological, and economic impacts. In 1987 a severe outbreak of shell disease (complete breakdown of the
crystalline matrix of the endocuticle) in blue crabs in the Pamlico River was investigated (McKenna et. al.
1990). The majority of diseased crabs were caught between Durham and South creeks. Possible causes of
this outbreak were cadmium and/or fluoride (McKenna et. al. 1990). The authors of this study concluded, "The
association between Texasgulf and the outbreak of shell disease in the Pamlico River cannot be dismissed as
a fortuitous event and warrants further investigation." This outbreak had significant biological impacts to the
blue crab resource in the river by causing mortalities of effected crabs, and resulted in local and national
concern about potential human health concerns related to eating seafood from this system, and to a lesser
extent consumption of all seafood caught in North Carolina. Fishermen and dealers were not able to sell their
product, resulting in lost income and markets. No further outbreaks of this disease have been seen since the
completion of the plants water recycling system in 1992. However, this event does show the need to examine
the direct, indirect, and cumulative impacts of these toxins. This is especially important given the uncertainty
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William G. Ross Jr., Secretary
surrounding the current method of capping overburden (see section 4.1.3.1). As noted at the end of section
4.1.3.1 "Any permit issued by the Corps for further mining at the Aurora operation will necessarily include
conditions to successfully address the cadmium and other heavy metals issue. The specific conditions will
be developed after considering the success of capping methods employed to date. The conditions will
also likely include a monitoring program and contingency plans." The NCDMF feels that the ecological
consequences warrant delaying action on this permit until this issue is resolved.
4.2.1.2 Soils
"Due to the nature of open pit mining, removal of the overburden, or all soils and
stratigraphic units overlying the ore, would result in the unavoidable loss of soils in the
area of impact under any of the mining boundaries. The soil character would be
irreversibly altered.
Impacts to existing wetlands within the mine perimeter are permanent. The
purpose of reclamation is not to restore wetland (or upland) functions of soils
but to safely fill the excavated area according to state/federal laws; however,
additional goals of reclamation are the establishment of both upland and
wetland habitat that will invite and support wildlife."
The direct, indirect, and cumulative impacts of these losses must be examined as to there affect on
downstream waters.
4.2.1.6 Surface Waters
"Long-term water quality impacts from the mining activity are more difficult to assess.
Once mining is completed, PCS will be required by the North Carolina Division of Land
Resources to reclaim the area mined, pursuant to an approved reclamation plan. The
areas reclaimed may or may not function as wetlands. Once this area is reclaimed,
drainage will also be restored, resulting in run-off from the reclaimed land entering the
creeks. Potential long-term impacts to water quality in primary nursery areas include
the permanent loss of the filtering and flow moderation benefits of the wetlands
through which this run-off would otherwise drain. Although compensatory mitigation
within the same hydrologic unit would be required, it would not be at the location of the
impacted wetlands, and those wetlands would not be available to provide functions lost
at this particular site.
"In addition, there is a potential for long-term water quality impacts resulting from the
use of the gypsum-clay blend materials in the reclamation effort. Particular concern
over the potential for cadmium, found in the gypsum-clay blend, entering the receiving
waters has been expressed."
Changes in the drainage basin will affect freshwater inflow and salinity patterns in South Creek. The
impact of phosphate mining on streamflow in Florida was examined by Schreuder et al. 2006. This study
indicated that mined basins have increased overall stream flow. The analyses also showed that flood-flows
from mined basins were reduced by mining operations, while median and base-flows were significantly
increased. Mueller and Matthews (1987), Browder et al. (2002), and Galindo-Best and Glenn (2000) showed
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Michael F. Easley, Governor Division of Marine Fisheries Dr. Louis B. Daniel III, Director
William G. Ross Jr., Secretary
that changes in freshwater inflow affects salinity patterns, which in turn affects shrimp growth, survival, and
subsequent recruitment and stock size available for harvest. Estuarine animals exist in a community
assemblage; thus, the influence of salinity on one species can be extended either directly or indirectly to affect
other species (Pottillo et al. 1995). The cumulative effects of even small changes in an estuary may have a
total systemic effect on the marine resources and the economic activities that depend on them (Monaco and
Emmett 1988; Bulger et al. 1990; Orland et al 1993). Since 1994 the commercial harvest of finfish and
shellfish in North Carolina has averaged 160,564,051 pounds with a average dockside value of $94,999,172
(INC DMF Trip Ticket data 1994-2005). Effects of drainage basin reductions on the production of marine
fisheries resources must be addressed.
Besides its effect on fish production, reduction in the drainage basin area will result in increased
sedimentation and turbidity, which are significant contributors to declines in populations of North American
aquatic organisms (Henley et al. 2000). The direct effects of sedimentation and turbidity at various trophic
levels are mortality, reduced physiological function, and avoidance. Sedimentation can clog the gills of fish,
reducing respiratory abilities. This stress, may in turn, reduce tolerance levels to disease and toxicants, and to
changes in dissolved oxygen concentrations and salinity, compromising the health of local fisheries resources.
Elevated levels of sediment (typically over background) may be harmful to fish (i. e., acutely lethal, or elicit
sublethal responses that compromise their well-being and jeopardize survival), and negatively impact their
habitat (DFO 2000). Decreases in primary production are associated with increases in sedimentation and
turbidity and produce negative cumulative effects through depleted food availability to zooplankton, insects,
freshwater mollusks, and fish. Decreases in available food at various trophic levels also result in depressed
rates of growth, reproduction, and recruitment (Henley et al. 2000). These effects lead to alterations in
community density, diversity and structure. The effects of changes in sedimentation on marine resources and
primary and secondary production must be addressed.
Reduction of the drainage basin area will eliminate contiguous sheet flow and decrease the buffering
capacity of the system. These changes will likely increase the amount of sediments, nutrients, and toxics
entering the system. Nitrogen and phosphorus can accelerate eutrophication resulting in algal blooms,
reduced water clarity, shifts in algal and fish populations, and fish kills. Currently South Creek is stressed, with
water quality problems including algal blooms and increases in suspended solids. While these existing
problems are probably not the result of current mining activities, reduction in buffering capacity of the
tributaries from further mining north of NC Highway 33 will only exacerbate existing conditions. Many hypoxic
zones in the world have been caused by excess nutrients exported from rivers, resulting in reduced
commercial and recreational fisheries production (Council for Agricultural Science and Technology 1999). The
effects of cadmium and other heavy metals and the reduction in buffering capacity must be examined.
4.2.1.9 Wetlands and Open Waters (Section 404 Jurisdictional Areas)
"All of the proposed locational mine continuation boundaries except the No Action
alternative boundary would result in the disturbance or loss of wetland communities.
The resulting ecological consequences include the loss or disruption of the following
wetland functions: groundwater discharge and recharge, surface water storage,
organic matter production and export, sediment capture and retention of
pollutants, wildlife habitat including EFH/HAPC, and nutrient accumulation, cycling
and transformation. Drainage area reductions for area creeks also would potentially
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Michael F. Easley, Governor Division of Marine Fisheries Dr. Louis B. Daniel III, Director
William G. Ross Jr., Secretary
impact adjacent Section 404 jurisdictional wetlands by altering the input of freshwater
into these systems. Intact wetlands outside of the boundaries of the proposed mine
continuation boundaries would potentially be affected by changes in water quality, as
well as by diminished input from runoff upstream."
Wetlands have many functions including high net primary production; fish and wildlife habitat;
retention of nutrients, sediments, and toxins; shoreline protection; attenuation of flood waters; recharge of
groundwater aquifers; and nutrient cycling. A review of wetland functions can be found in the North Carolina
Coastal Habitat Protection Plan (Street et al. 2005) and Section 4.2 of the Compensatory Section 404/401
Mitigation Plan. Specific wetland issues relating to this FEIS can be found elsewhere in this document.
Hydrologic processes control the formation, persistence, size, and function of wetlands, while soils and
vegetation alter water velocities, flow paths, and chemistry (Carter 1997). Wetlands restoration and creation
projects do not consistently replace lost wetland structure and/or function (Erwin et al. 1997; Minello 2000;
Streever 2000). In addition, there is evidence showing that some wetland attributes of natural and restored
or created wetlands may be similar, while others may be different, and that different wetland attributes
develop at different rates (Galatowitsch and van der Valk 1996; Minello and Webb 1997; Simenstad and
Thom 1996; Streever et al. 1996; Streever 2000). Densities of both fishes and decopod crustaceans were
lower in created salt marshes (2 to 15 yr in age) then in natural marshes (Minello and Zimmerman 1992;
Minello and Webb 1997).
4.2.1.11.2 Aquatic Wildlife Communities
"Removal of open water habitat also would result in localized losses of aquatic
organisms and their habitat and would remove some EFH/HAPC communities.
However, no commercially important species are likely to be directly affected. Loss of
aquatic habitat and loss of aquatic fauna will be offset over time by mitigation activities
including restoration of open water and by reclamation activities through restoration
and creation of additional open water habitats and other aquatic habitats as
appropriate with current reclamation practice and geomorphic constraints. Aside from
the AP alternative boundaries, the proposed mine continuation alternatives would
excavate upper headwater intermittent or perennial streams, not brackish marsh and
estuarine creeks (Section 4.2.2.11.2). Although these headwater reaches provide
important support functions, they do not support the large diverse aquatic communities
associated with deeper downstream reaches."
Nursery areas are those portions of estuarine waters most critical to the early life history stages of
marine and estuarine organisms. Early development of the post larval stages of many fish and shellfish
species occurs in Primary Nursery Areas (PNAs). More than 90% of North Carolina's commercial fisheries
harvest and 60% of the sport fisheries harvest consists of species dependant on estuarine nursery areas.
Direct impacts to nursery areas include drainage basin reductions, and loss of wetlands and open water
habitat. As noted in Section 4.2.1.20 "..lost resources include permanent loss of existing topography and
soils, and potentially permanent losses of currently existing wetlands and open water, biotic communities,
and fish and wildlife habitat quality within the project area." The cumulative effects of even small changes in
an estuary may have a significant systemic effect on the marine resources and the economic activities that
depend on them (Monaco and Emmett 1988; Bulger et al. 1990; Orland et al, 1993). There is a high
probability that the various restoration projects will be unsuccessful in fully restoring natural process. Some of
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William G. Ross Jr., Secretary
the affected waters are PNAs, and all the waters support various aquatic organisms that contribute to the
estuarine food chain, and ultimately to fisheries production. This section must address the effects on
estuarine species, both direct and indirect, through the loss of open water habitat.
"Within the project area, as in other estuaries, salinity is highly variable due to wind
tides and rainfall. Therefore, although optimum salinities likely exist for many species
(Peterson et al. 1999; Secor et al. 2000; Specker et al. 1999), estuarine fishes at all life
stages are adapted to a wide range of salinities (Malloy and Targett 1991; Banks et al.
1991; Limburg and Ross 1995; Buckel et al. 1995). Even if salinity was affected by
mining, impacts to fisheries are unlikely because many studies have demonstrated the
insensitivity of estuarine fishes, especially at post-larval stages, to drastic changes in
salinity (Crocker et al. 1983; Zydlewski and McCormick 1997; Nordlie et al. 1998;
Estudillo et al. 2000)"
While estuarine species are able to tolerate temporary fluctuations in salinity, a permanent change in
salinity patterns will likely result in a total change in species assemblages.
"Similarly, monitoring data collected during NCPC monitoring suggest that mining
activity would not impact fish and benthos"
The sample intensity and the parameters measured are inadequate to support such a broad generalization.
The statement should be deleted unless the applicant can show with a high degree of statistical certainty that
it is true.
Section 4.2.1.17.9 Recreational Resources
Recreational fishing, especially with hook and line, is growing within coastal North Carolina. On
January 1, 2007 the State of North Carolina required all people (over the age of 16) fishing in coastal and
joint waters for recreational purposes to purchase a coastal recreational fishing licenses. Revenues from
license sales are used to manage, protect, restore, develop, cultivate, conserve, and enhance the marine
resource. The FEIS must address probable mining effects on such fisheries. Data are available from a
number of sources, and the applicant has the ability to conduct appropriate studies, as needed.
4.2.1.21 Cumulative Impacts
"The Council on Environmental Quality (CEQ) regulations for implementing the
National Environmental Policy Act (NEPA) define cumulative effects as the impact on
the environment which results from the incremental impact of the action when added to
other past, present, and reasonably foreseeable future actions regardless of what
agency (federal or non-federal) or person undertakes such other actions (40 CFR
1508.7). The document further states that, by definition, cumulative effects must be
evaluated along with the direct effects and indirect effects (those that occur later in
time or farther removed in distance) of each boundary. The range of alternatives
considered must include the No Action boundary as a baseline against which to
evaluate cumulative effects of the AP or EAP alternative boundary. The range of
actions that must be considered includes not only the project proposal but all
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William G. Ross Jr., Secretary
connected and similar actions that could contribute to cumulative effects. Specifically,
NEPA requires that all related actions be addressed in the same analysis (Council on
Environmental Quality 1997)."
The NCDMF concurs with the need for this assessment and finds the information in the FEIS to be
deficient. Significant revisions must be done to meet the federal NEPA requirements. This section should use
the Council on Environmental Quality 1997 document "Considering Cumulative Effects Under the National
Environmental Policy Act" as a guide in the preparation of this section.
4.3.1.4.3 Watershed Acreages and Hydrologic Regimes
"There is no evidence to support that any adverse impacts will occur. Conversely,
there is evidence to show that 1) salinity levels will not be significantly affected by
reduction in drainage area (and thus reduction in freshwater flow), 2) the creeks will
continue to have their salinity levels determined by the Pamlico River/South Creek
system, 3) the creeks will continue to function as nursery areas, and 4) no adverse
impacts should occur from sediments or run-off during construction, mining, or
reclamation activities (CZR Incorporated 1994)."
The referenced studies are not adequate (short duration, areas had only minimal drainage impacts,
the study area has been significantly impacted since 1968 and current dewatering practices affect surface
and sub-surface flow in both the study and control sites thus masking any effects) to support the above
conclusions. The FEIS needs to provide a review of the scientific literature. For example, a quick review of
the literature showed that restoration and creation projects do not consistently replace lost wetland structure
and function (Erwin et al. 1997; Minello 2000; Streever 2000). In addition, there is evidence showing that
some wetland attributes of natural and restored or created wetlands may be similar, while others may be
different, and that different wetland attributes develop at different rates (Galatowitsch and van der Valk 1996;
Minello and Webb 1997; Simenstad and Thom 1996; Streever et al. 1996; Streever 2000). Densities of both
fishes and decopod crustaceans were lower in created salt marshes (2 to 15 yr in age) then in natural
marshes (Minello,. Zimmerman 1992, Minello and Webb 1997), and these are the fisheries resources of
greatest importance in coastal North Carolina.
The NCDMF also strongly recommends that existing water quality monitoring programs be
maintained and/or expanded, depending on the final selected alternative. In addition to water quality
monitoring, programs should be designed and implemented to sample fishery resources, and heavy metal
contamination.
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3441 Arendell Street, P.O. Box 769, Morehead City, North Carolina 28557
10 Phone: [phone] FAX: [phone] Internet: www.ncdmf.net
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NorthCarolina
Naturally
NCDENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor Division of Marine Fisheries Dr. Louis B. Daniel III, Director
William G. Ross Jr., Secretary
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3441 Arendell Street, P.O. Box 769, Morehead City, North Carolina 28557
11 Phone: [phone] FAX: [phone] Internet: www.ncdmf.net
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