20080868 Ver 2_Capacity Use Permit_20081107

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NCDENR
*"1 C)41OAA DE1++.r? or
C-AO"MCW A"0 MMURAL RE&rAF" -
Washington Regional Office
943 Washington Square Mall
Washington. NC 27889
Phone* 252-946-6481
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PAGE Al
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Fax: 7 3 Pages:
Phone: Date:
Re: CC:
? Per Your Request ? Pat Review ? Please Comment ? 10830 Reply
e Comments:
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FRI 15:30 TEL: 91973--G893 hJHHE: GWO-WETLHHGS P. 1
11 i 06! <<=0c,: '21: a' 2529453961 GPCIIJNDAW%TER PAGE 02
W'J-
North Carolina
Environmental Management Commission
Department of Environment and Natural Resource
Permit For The Withdrawal And Use Of WV ter
?
In Capacity Use Area #1
In accordance wieh the provisions of Fart Article 21 of Chapter 143, General. Statutes of
North Carolina as amended, and any other applicable Laws. Rulcs and Regulations,
Permission Is Hereby Granted To
PSC Phosphate Company, inc.
FOR THE
Withdrawal and Use of Water in Beaufort County. North Carolina in accor a with the
grantcu's application dated June 23, 2401, and any supporting data suFitl3ittCd with the apptica#ou,
all of wNch arc filed with the Department of Emgfonrnent and Natural Resources an are
considered part of this Permit.
This Permit shall be effective, from the date of its issuance until December 31, 01 I and shall
he subject to the specified conditions and/or limitations contained. in Sections I - X o this Permit.
Permit issued this the 15-?g day of _Qav,
NORTH CAROLINA ENVIRONMENTAL MANACrEMENT COMNE SIDN
,t
BY
John N. Morris
1] °ector, Division or Water Resources
By Authonty of the Secretary of the Department of Environment and Natural Rcsou I t?es
I
PERMIT #CU1003 i
Page 1 of 6
11CIU-7-2008 FRI 15:30 TEL:[phone] NOME:DWO-WETLANDS) P. 2
11iCi6/' 0C1 '21:4'-2 25'2 458961 GROUPID4,ATER PAGE
CUA R1 Water Use Permit #cV1003 for PCs Phosphate CIOMDany, Inc-
I. WITHDRAWALS
A . USIE
This 17er wt.allows the withdrawal of water from the active mining area ? r the
purpose of aquifer depressurization. This active nine area sha11 be designated in acc?,rd=cr, with
the application submitted June 29, 2001. Wells used for aquifer depressurization shad be locatcd
around flit perimeter of the active mine area and moved with the active mine area as it advances:
This permit also allows the withdrawal of water from plant site utility wells and western
pernueler depressurizing tivells fdr the putposas associated with rr mufkttuing acuvi es.
L.a,st{y, this permit allows water withdrawn from the Castle Mayne aquifer as described in the
foregoing para;taphs to be used for the additional beneficial use as a public water step y as
follows:
1) Any withdrawW or use by Fagle Water Company of water from the Castle Hayne ac?ttafe-r is
subject to the requirement that Eagle 'Watcr Company separately obtain and maintain all applicable
regulatory approvals and permits.
2) Water that is pumped fmtn the Castlo ;:Mayne aquifer under the terms of airs permit b PCS
Phophate for the purpose of aquifer depressurization and industrial processes, and thaCis not used
by p'CS Phosphate for plant operations, may be provided to F?a,;lt Water Company for eatment
and sale to public and private water systetuis and other customers of Eagle Water Comp y within
North Carolina.
_i) FCS ft*phata shall not transfer cootral to Eagle Water Company (or any other cn `ty), any
water that has not been withdrawn initially by PC$ Phosphate and that was not withdrawn for the
purl)ose of aquifer depressurizabon and manufacturing activities except that if the yolu it of water
is not sufficient for Eagle Watcr Company to tneet its sales commitments- In that case, Eagle
Water rripany shall & allowed to pump additional water up to the permitted withdm al rate of
7K rrdilion gallons per day to ineet its, commitments,
$ _ RATES OF WITHDRAWALS
The maximum quantity of water that may be withdrawn shall not exreo
18,000,000 gallons per day (GPD)_
C. SOURCE(s) OF WITHDRAWALS
1. Ground Water Source(s); Withdrawals shall be made from the Castle
aquiftr_
2. Surface Water Source(s)- None
Page 2 of 6
N01.:1- i -E t_108 FRI 15: 30 TEL: [phone] NHME: DWG-WETLAhJD P. 3
11 i 4=t?,; ' F=tNt?; 1: 421 252946=,961 GROUP 1D O.2-TER
CUA #1 Water Use Permit "Cu1863 for PC5 Phosphate
D . MONITORING OF WITHDRAWALS
PA'G?E 1_14
pang, Inc-
Withdrawals from each source, whether well, sump, or surface water i ke, shall be
measured by an approved metering device equipped with a t()Wizing in ,icator, and
having an accuracy within plus or minus five percent.
I I . WATE LEV1ELS
A . MAXIMUM DRAWD0'VVN LEVELS
1. Pump intakes for the well(s) shall not be set Wow the depth specific . in the permit
cation or associated documentation without prior approval of the Division of
Xter Resources.
2 - In the event that data from the permitted wells or otMr wells within the zone
influenced by puanpirtg of the perrnitted wC11s indicates a deterioration of quality or
quantity in surrounding aquifers or the source aquifer, an alternate maximum
pumping level may be established by the Division of Water Resource &
I3 . MONITORING OF WATER LEVELS
I. The pumping water level in each supply well shall be measured:
a. by a stecl or electric tape, from a fixed rcf6rence. point,
b. within accuracy limits of plus or minus one percent,
c. just prior to shutting off the pump, or after sufficient time of pump ng, so that a
maximum drawdown may be obtained, and
d. during the last planned pumping day of the month, or within the 1 t five days of
the month.
. Unused supply wells or other suitable wells that may be avsilabie sh 1 be
monitored when such monitoring is specified by the Division of Water Resources
and when pcrdncnt to observation or c valuatioxi of the effects of with a%vals made
under this permit.
a- The pc]"Mattee shall, at approximately 30 day intervals or such other ore equeut
interval; as the Dimator may direct, obtain snriplm of ground water tom all
dcpressurizirab, observation, and test wells and any other wells as dc signaled by
the Director, and chemically analyze those samples for chloride con t.
1..1:1. OTHER 'PRO'VISIONS
A, WELL CONSTRUCTION APPROVAL
A Well Construction Pernvt Shall be rCquircd prior to the cQ;i uctlo11 of
which will be used to withdraw any portion of the water rdgulatcd under
Application for these permits must be submitttd to the Washington. Regis
Division of Water Quality, P.O. Box 2188, Washington, NC 27889.
Page 3 of 6
( well
s perxt*.
I Office,
H1--11.,!- ; -2100 FRI 15:.-1 TEL: [phone]' HWE: DWG-WETLRHDS P. -t
11 / x e. ---F=10 _ 21:42 252 X468961 GROUNDM"TER PAGE F"15
r
CUA Kt Water USe Permit #CCl1003 for PCS Phosphate CQ?iripany, Inc.
B. ACCESS TO FACILITIES
t
The Environmental Mzu,agement Co=iission and employees of the Depas?tiitent of
Envirorrrncnt and Natural Resources shall have reasonable access to areas owned and
under control of the permittee for observation and ins a lion of water uses and related
facilities pertaxnt to the provisions of this pernxit an?otheT regulations-
Iti . REPORTS REQUIRED
A . WITHDRAWALS
Monthly reports of daily withdrawal touds from each well or sump shall bl, furnished
to the Division no later than 15 days after the ends of Peach calendar month.
13 . WATER LEVELS
Water level measuremcnts for each supply well shall be measured in accoroancc with
Ccndition U. B. I. of this perrrit and submitted to the Division not later tfi?azi 15 days
after the end of the, month in which the measurernent was taken,
C. WAM QUALITY
Monthly rcpo= of chloride conccutratious shall be a,tbed to the Di vision not
later than 15 days after the end of each, calendar month. fI
D. DISCONTMATION OF MONITORING
The pexrrd4cc shall notify the Division in writing 30 days pzior to discontinuation of
monitorinb of Emy well, including. those that become obsolete as a result of advancing
the active mine area,
E. WELL LOCATIONS
A map of cu Tcnt well locations shall be furnished to the Division not lat?r than. 15
days after the end of each calendar month.
V . MOMFICATION OR REVOCATION
A, . MODIFICATION
1. The FermitZC- must notify t;te Director of any proposed major changes a usage and
apply for a modification of the permit for such changes or for any revis ons of the
Pate 4 cf 6
hJU?.:!- f - ??Gli FRI 15:31 TEL: [phone] NA[1E: DWQ-WETLHhJDS P. 5
1.42' 2, 5',94689GI GRCU_IhIDWA,TER
I PA1-E ?-t6
C UA #1 Water Usc PCTMIL #CUID03 for PC5 Phosphate IhtomPany, Inc,
terms of this permit.
2. The Director may modify the terms of the rnr t, after 60 da
pcrmittee, if he finds that The terms of the permit and/or tho ullintg a err nse arc the
found to be contrary to the purposes of the Water Use Act of 1967 orb contrar)- tc
public interest or having an unreasonably adverse effect upon other water uses in
the capacity u5c area. Modifications may include, but are not limited to,
requirements for alternate purnpicg levels or the collection, analysis, #Md reportins
of ground or surface water duality samples.
8. REVOCATION
The Diret_-tor may revoke the permit if he finds that.
1. the Ptrmittee has violated the terms of the permit; or
2. the terms Of the Permit and/or the resulting water use are contrary to t
the Water Use Act of 196+7 or contrary to the public interest or having
unreasonably adverse tffeet upon other water uses in the capacity use
cannot be cured by modification-, or
3 . the Permittet made false or fraudulent statements in the application
permit; or
4. water withdrawn tinder The terms of the permit is used for purposes
set forth in the permit.
VL CONSERVATION OF WATER RESOURCES
e purpose of
m
trea and
the water use
ter than those
A. The permittee shall cooperate with the Divisiou and other water users izi Ole area in
dcterzn.iri g and implemtnting reasonable and practical methods and proees-s s to
conserve and protect the water resources of the area..
B_ The permittee shall make every effort to minimize and conserve the water pun-pea W
conducting mining operations-
C- As part of PCS Phosphate's conservation activities, they have agrecd to ake the
depressurizing water available, at this time to Eagle Water Company, for add tional
beneficial use.
`VIT. CONSTRUCTION OF PERMIT
4. The terTns- and condinons shall not be construed to relieve tilt Pe.rrr ittee o any legal
obligation of liability which it owes or may incur to third parties as the rc ult of the
conduct of itc operations in conformity with this Permit.
Page 5 of 6
Pi01.11- -200-E, FRI 15• 3 1 TEL:[phone] S NAME: DW04JETLAHDS R. ?,
11I F-1 F, "mot=11=1 _ 21:42 2525458961 GROUNDWATER PA-GE 07
I
I
CU-A- #1 Water Use Permit #C1U1003 for PCs phosphate Courpany, Inc-
When under the tcnns hereof, any provision of this Permit requires approval of the
Depa=enr or becomes effective at the discretion of the Department, then lice of
approval or the exercise of such discretion shall be evidenced by written instrument
issued by the Dcparonent,
C- The terms and conditions of this Permit shall not be, construed as a limatabgn of tr"rc
powers, duties, and authority vested in the Envirowrrcntal 1Marragernimt Commission
pr any other State, Federal, or local agency, or any applicable laws herraftOr enacted.
VIII. ADDITIONAL CONDITIONS
A, Tbis Pcm-at shall be subject to any limitations or conditions in other State pkIM1its,
including but not limited to permits required pursuant to North Carolina General
Statutes §14;3-:-13.1.
la _ Issuanc:c of this Permit shall have no bearing on subsequent State decision
?S)
rcoarding any other water use or other permit application(s) submitted or w ich may
be submitted by the Permittee, its successors or assigns,
!X. P;',NALTIES
Violations of the terms aad conditions of this Permit are subject to penalties as
Nortl Carolina General Statutes §143-215.17/
X, PERM:IT NONTRANSFERABLE
.Water C_Ist Permits shall not be transftrred except with approval of the
Management Commission,
X1. RENEWAL OF VERMIT
The Pcrtnittee, at least three ;3) months prior to the expiration of this permit,
its extension. Upon receipt of the request, the Commission will review the a
facilities described therein, and if warranted, will oxtcnd the permit for such i
and under such conditions and limita6ons as it may deem appropriate.
Paac 6 of 6
forth in
request
icy of the
I of time
111-10-T- 'MH FRI 15: 31 TEL: [phone] } NAME: DWQ-bJETLHIIDS P. T
11.' x=?6r' '?=n=? 1: 4 5 94h;_;961 GRUU IDWATEP PAGE A
North Carolina
Environmental Management Commission
Department of Environment and Natural Resourc?s
Permit For The Withdrawal And Use Of WVIater
In Ca acity Use Area #1
i
In accordance with the provisions of fart 2, Article 21 of Chapter 143, C:iene I Statutes of
Not-th C aiolina as amended, and any other applicable Laws, Rules and Regulations,
Permission Is Hereby Granted To
PCs Phosphate Company
r
FOR THE ?
Withdrawal and Use of Water in Beaufort County, North Carolina in acc;ordan with the
grantee's application dated Mamh 26,200 1, and any supporting data subrrdtted with e
application, all of which are, filed with the Department of Environment and Natural R ,sources and
are considered part of this Permit,.
This Permit shalt be effective from the date of its issuance until July 31, 2011, ud shalt be
subject to the specified cmiditions andlor limitations contained in Sections I - X of th ? Permit.
Permit issued this the Y day of
NORTH CAROLINA ENVIRONMENTAL MANAUEMENr
,- John K. 1VXorJris
T3ir? or, Divisigl? of Water Resources
Fay Authority of the Secretary of the Department of Environmcnt and Natural
PERMIT WCU1007
Pa-c 1 of 5
hd0U-7-2008 FRI 1?:3c TEL:[phone] NAME:D1,1Q-WETLA1JDS P. 8
11;.,0F,, 20 A ,= 21 1225234C8961 :?F'LtlJhJL14J?TER P?iT A9
it
i
CUA #1 Water Use Permit #GU1007 for PCS phos?hate Company
r . WITHDRAWAL-5
A. USE
This Permit allows the withdrawal of water for the purposes of dewater ng the shallow
aquifer system to allow dry-pit mining.
B . RATES OF WITHDRAWALS
The maximum quantity of waster that may be withdrawn shall not excee 8,000,000
gallons per day (UPD).
C . SOURCE(s) OF WITHDRAWALS
1 Oround. Water Source(s): Withdrawals shall be made from wells in B Croatan and
Surficial aquifers.
2. Surface Warer Source(s): None
D. NIONITORE%iG OF '*VITHDRAWALS
Withdrawals from each source, whether well or surface water intake, sh 1 lit
measured by an approved metering device equipped with a tcitalizing indi •ator, and
having an accuracy within plus or minus five percent,
11. WATER LEVELS
A. MAXIMUM ]DRAWDO'V N LEVELS
1 _ Gump itztAkes fQT the well(s) shall not be set below the depth s ecified l n the permit
application or associated docurnrntation without prior approvX of the l livision of
Water Resources.
2 _ In the event that data from tho perrrritted wells or other wells within the zone
influenced by pumping of the permitted wells indicates a deterioration quality or
quantity in surrounding aquifers or the source aquifer, an alternate may, murn
pumping level may be established by the Division of Water Resources.
8 . MONITORING OF WA'T'ER LEVELS
1. The pumping water level in each supply well shall be measured;
a- by a steel or eiettric tape, from a fixed reference point,
b, within accuracy linrtits of plus or minus one percent,
c. -just Prior to shutting off the pump, or after Sufficient time of purnpii
maximum drawdown may be obtained, and
ri [liming the last planned pumpinG day cf thz rnaanth, or lust
the month,
2 _ Uriuse.d supply wells Or Qthcr su!Mble wells that may be available shall
Page 2 of 7
, so that a
dAY& of
NF11 1-7-1:200_, FRI 15 : 32 TEL: 9191 J6993 NAME: DWO-WETLAhJC?_:::. F. 9
11i't=tk,-"2 0_ _` 1:4'2 15'2346=,961 GROIJIiLl ATER PA13E IA
III.
(UA #1 Water Use Permit NCUIO07 Cox- PCS Fhvsl?hate Company
I.
monitored when such monitoring is specified by the Division of Water Resources
and when pertinent to observation of evaluation of the effects of withdrawals made
under this permit.
F
OTHER PROVISIONS
A . WELL CONSTRUCTION APPROVAL
A Well Construction permit shall be required prior to the construction o any well
which will be used to withdraw any portion of the water replaced unde ' this Permit.
Application .for these permits must be submitted to the Washington Regi -)nal (Xrlet,
Division of Water Quality, P.O. Box 2199, Washington, NC 27889.
B . ACCESS TO FACILITIES
The Environmental Management Conunission and employees of the Dcp lent of
Enviroruneat and Natural Resources shall have reaisonablc access to am,5 owned and
under control of the permittee for observation and inspection of water us, and related
facilities pertinent to the provisions of this permit and other regulations.
IV.
REPORTS REQL'IRF,)D
A. WITHDRAWALS
Monthly reports of daily withdrawal totals from each well or surface wat .r intake shall
be furnished to the Dcparbneat no later than 15 days after the end of each calendar
month.
B . WATER LEVELS
Water level Measurements for each supply well shall be measured in ace dance with
Condition 11. B. 1_ of this permit and submmtted to the Department not lit -r than 15
clays after the end of the month in which the measurement was taken.
V.
MODrITCATION OR REVOCATION
A . MODUT CATION
1. The Permittee rrrust notify the Director of any proposed major changes in usage and
apply for a modification of the permit for such changes or for any revi ions of the
terms of this permit.
2. The Director may modify the terms of the permit, after 60 days written
penl_utte.e, if he finds that the terms of the permit and/or the resulting w
found to be rontrarv to the purposes of the Y&Ier We, Aciff. 1967 or c
public interest or having an unreasonably adverse effect upon other wa
the capacity use area. Modifications may include, but are not limited tc
requirements for alternate pumping levels or the collection, analysis, w
4", i7 'v?rp n r?l car,,,lr
Page 3 of $
:ice to the
r use are
nary to
uses in
reporting
FU=u !- `?_?Gi6; FRI 15: ?2 TEL:[phone] hJHf1E: D?JC?-6dETLHFIGS P. 1-?
11,, 06/ =A0R, 21: 4'L 12151, 961 GR01JHD1,,J1TER PAGE 11
"A 11 Water Use Permit #Ltji007 for PCS phopphute Company
f
B . REVOCATION
i
i
The Director may revoke the permit if he finds that:
I _ the Perrrtittee has violated the telTtts of the permit, or
2. the ter"'s Of the Permit and/or the resulting w
the Water Use 4 ater use are contrary to FOP
ct of 190 or contrary p
to tht public interest or having' ana `'e of
uRreasorrably adverse effect. upon other water uses in the capacity us ;
cannot be curcd by modification; or area and
3 - the Fermi ttee made false or fraudulent statements in the application f
permit; or r the pyatcr use
4. water withdrawn under the terms of
set forth in the permit the permit is rrscd for purposes o rcr than those
,
YL CONSTRUCTION OF PERMIT
A. The terms and conditions shall not be consort. ed
obligation or liability which it owes to relieve the .i'ermittee. any legal
conduct of its operations i or may incur to third parties as the ree Ult of the
in eenforrruty with. this Permiit
8 • When under the terrrrs hereof airy- provision of this Permit requires a
Department or beeorrics effective at the discretion of the L7e • Apr val of the
approval or the exercise of such discretion slZall be evidenced y w+ ittrn i?strutn n.t
issued by the Department.
C. 1he tcrm.s and conditions of this perntit shall not be construed as a titrrita on of the
powers, duties, and authority vested in the Environmental r 4anaBetnegt Clmnussiort
or any other State, Federal, or local agency, or any applicable laws hertaf er eRactcd.
VII. ADDITIONAL C0NW`rI()NS
A- This Permit shall be sub*ect to any limitations or conditions in other State crmits,
including but not limited to permits required pursuant to Noah Carolina Cy •n ,
Statutes §I4.3-Zij_l.
B - Issuance of this permit shall have no bearing on subsequent State dccisit
regarding any other water use or other permit application(s) submitted or
be submitted by the Permittee, its successors or assigns.
VIII. PENH LTI)H'.S
Violations of the terrns and conditions of this Permit are subject to penalties as
North Carolina Creneral Statutes §143-215.17.
Page. 4 of 5
may
forth in
1101)-71 -200E3 FRI 15: 33 TEL: [phone] hJAh1E: GIAIC?-tIETLAhJDS R. 11
26 945; 96,1 GRLiUIDi:O TER F'Hi-E 1'
F
CU.k #1 Water U$e Permit #CU1007 for PCS PltoOhate Company
IX.
X.
PERMIT NONTRANSFERABLE
Water Use Pe-Mlits shall not be traMferred except with approval of the Erivir nnacntal
Manabcment Commission,
RENEWAL OF PERMIT
The Ptnrcittee, at Mast three (3) months prior to the expiration of this permit, I`Shall request
its extonsion. Upon receipt of the reQnGSt,
faciliti the Commission will review the a equacy of the
es dcscribed therein, and if warranted, will extend the permit for such period of time
and under such conditions and iirnitatiptls as it may deem appropriate.
0
.Page 5 <:rf 5
NCR..1-T-200--3 FRI 155:.33 TEL:919733E893 NHHE: NO-NETLANDS P. 12
1:4'22 25''__ X9F,1 GF'UUhILi,d TEF' PA _;E 1
State of North Carolina
Department of Enviranrnent
anct Natural Resources
Division of Water Res()urces
Mike .Easley, Govezmor
William G. Ross, Jr., Secretary
Thomas A_ Reeder, Director
FAX TRANSMISSION
To:
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FROM: C
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Total Number of Pages Sent In-eluding This Cover Sheet:' 1 f
If you do not receive all pages or if the transmission is not legi ep eas
call [phone].
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P41?,rl 65e ( \?ase_ j-c Y*Ae- a-
_ 537v.
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1,101-1- 7 -2008 FRI 15: Z TEL: 9197-?.366y3 NAME: DWO-WETLHh•U P. 13