20080868 Ver 2_Public Comments_20090112

SOUTHERN ENVIRONMENTAL LAW CENTER
200 WEST FRANKLIN STREET, SUITE 330 Charlottesville, VA
CHAPEL HILL, NC 27516-2559 Chapel Hill, NC
Telephone [phone] Atlanta, GA
Facsimile 919-929-9421 Asheville, NC
[e-mail] Sewanee, TN
January 9, 2009
Via Electronic and D.S. Mail
Colleen Sullins
Director
NC Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
Re: PCS Phosphate Mine Expansion, Beaufort County
DWQ #2008-0868, version 2.0; USA CE Action ID No. 200110096
Dear Ms. Sullins:
We understand that PCS Phosphate has submitted a revised mining plan for
consideration by the Division of Water Quality in determining whether to issue the
required the 401 Certification for the company's proposed mine expansion that the
Division of Water Quality. This revised mine expansion plan is substantially different
from the plan in PCS's application for a Section 404 permit and 401 certification and is
not among the alternatives presented in the environmental impact statement for this
project and has not been released for public comment. As you are aware, the State must
provide public notice and an opportunity for public comment before making a final
decision on an individual certification request. 15A NCAC 02H .0503. This revised
mine expansion plan presents new issues that could not have been anticipated based on
PCS's original application or the State's December 5 401 Certification. We request on
behalf of the Pamlico-Tar River Foundation, Environmental Defense Fund, and the North
Carolina Coastal Federation that the revised mine plan be released for public comment
before a final decision is made.
Sincerely,
Derb S. Carter, Jr.
Senior Attorney/ Carolinas Office Director
cc:
John Domey, DWQ
John Payne, NC Department of Justice
Geoffrey R. Gisler
Staff Attorney
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