20080868 Ver 2_Southern Environmental Law_20090312

Environmental Protections Must be Upheld as Mining Expands - Southern Environmental... Page 1 of 4
Southern Environmental Law Center
Social Media Release
03.12.2009
Environmental Protections Must be Upheld as
Mining Expands
Twitter Pitch
Environmental protections for long-term well-being must be upheld as PCS Phosphate
mining expands in NC
Summary
A permit issued by the N.C. Division of Water Quality illegally approves the largest
destruction of wetlands in the state's history by PCS Phosphate, according to papers
filed by the Southern Environmental Law Center today in state administrative court.
The permit presumes the state will write new rules that accommodate the company's
ambitions.
News Facts
• A permit issued by the N.C. Division of Water Quality illegally approves the largest
destruction of wetlands in the state's history by PCS Phosphate, according to
papers filed by the Southern Environmental Law Center today in state
administrative court.
• In April 2008, after delaying the permit process for several years by pushing for
illegal mining in public waters and pursuing court proceedings, PCS Phosphate--a
subsidiary of Potash Corp of Saskatchewan, Inc.--applied for a permit to destroy
approximately 4,000 acres of wetlands and almost five miles of streams along the
Pamlico River and upriver from the Pamlico Sound.
• A pre-existing permit already authorizes ongoing mining by PCS Phosphate until
December 2017 and the company has identified about 70,000 acres of land in the
area that contain economically recoverable phosphate ore.
• Effects from the mine would also be felt further downstream, adversely affecting
the statewide commercial finfish and shellfish industry in North Carolina which
produced nearly $1 billion annually between 1994 and 2005.
• The most immediate impacts would be felt in adjacent waters. According to
records from the last 11 years, the section of the Pamlico River within Beaufort
County produced nearly $3 million annually in commercial finfish and shellfish
harvests.
Full Release '- Show abstract
CHAPEL HILL, NC-A permit issued by the N.C. Division of Water Quality illegally
approves the largest destruction of wetlands in the state's history by PCS Phosphate,
according to papers filed by the Southern Environmental Law Center today in state
http://www.pitchengine. com/southernenvironmentallawcenter/environmental-protections-... 3/25/2009
Environmental Protections Must be Upheld as Mining Expands - Southern Environmental... Page 2 of 4
administrative court. The permit presumes the state will write new rules that accommodate
the company's ambitions.
"This permit challenge asks whether PCS's mine expansion has to comply with the laws
protecting the environment, fisheries and public health," said Geoff Gisler, attorney,
Southern Environmental Law Center. "The long-term economic and environmental health
of eastern North Carolina depends on the state holding PCS to those standards. By issuing
this permit the state is strip-mining the law and the region's future."
In April 2008, after delaying the permit process for several years by pushing for illegal
mining in public waters and pursuing court proceedings, PCS Phosphate--a subsidiary of
Potash Corp of Saskatchewan, Inc.--applied for a permit to destroy approximately 4,000
acres of wetlands and almost five miles of streams along the Pamlico River and upriver
from the Pamlico Sound, an area about two-thirds the size of Ocracoke Island. By
permitting the mine expansion in January 2009, the state authorized this massive
destruction.
A pre-existing permit authorizes ongoing mining by PCS Phosphate until December 2017.
The company has identified about 70,000 acres of land in the area that contain
economically recoverable phosphate ore.
"A win-win alternative must be found that will protect North Carolina's economy, its
environment and public health, instead of selling North Carolina's people and natural
systems short," said Sam Pearsall, an ecologist from Environmental Defense Fund.
According to the U.S. Fish and Wildlife Service, the Pamlico River and its tributary creeks
are critical parts of an essential nursery habitat for most commercial and recreational fish
and shellfish in the North Carolina coastal area and important habitat for waterfowls,
shorebirds and other migratory birds.
"Expanding the existing mine into sensitive wetlands threatens immediate and long-term
harm to these ecosystems and natural resources," said Pat Carstensen, chair of the NC
Chapter, Sierra Club.
The most immediate impacts would be felt in adjacent waters. According to records from
the last 11 years, the section of the Pamlico River within Beaufort County produced nearly
$3 million annually in commercial finfish and shellfish harvests. Annual commercial
landings for Beaufort County had an average dockside value of $6.5 million between 1994
and 2005. Effects from the mine would also be felt further downstream, adversely affecting
the statewide commercial finfish and shellfish industry in North Carolina which produced
nearly $1 billion annually between 1994 and 2005.
Because of these impacts, both the U.S. Fish and Wildlife Service and the N.C. Division of
Marine Fisheries recommended denial of PCS Phosphate's proposed mine expansion. The
National Marine Fisheries Service and the South Atlantic Marine Fisheries Commission
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have also publicly declared that the mine expansion would do long-term damage to
fisheries in this estuary system.
In addition to providing habitat, natural wetlands improve water quality, buffer hurricanes
and storms, and act as freshwater reservoirs when water is scarce. These benefits are
ever more vital for North Carolina as the climate changes.
In filing today's challenge in state administrative court the Southern Environmental Law
Center represents Environmental Defense Fund, North Carolina Coastal Federation,
Pamlico-Tar River Foundation, and North Carolina Sierra Club. The suit is filed against the
North Carolina Division of Water Quality.
About Southern Environmental Law Center
The Southern Environmental Law Center uses the power of the law to protect the health
and environment of the Southeast (Virginia, Tennessee, North and South Carolina,
Georgia, and Alabama). Founded in 1986, SELC's staff of 40 attorneys includes experts on
air and energy, water, forests, the coast and wetlands, transportation, and land use. SELC
is a non-profit organization and works with more than 100 partner groups.
www.SouthernEnvironment.org
About North Carolina Sierra Club
Sierra Club is the nation's oldest and largest grassroots environmental organization with
over 17,000 members in North Carolina.
About Pamlico-Tar River Foundation
The Pamlico-Tar River Foundation, founded in 1981, is a grassroots environmental
organization representing greater than 2000 members and a licensed member of
Waterkeeper Alliance, Inc. Our mission is to enhance and protect the Pamlico-Tar River
watershed through education, advocacy, and research.
About North Carolina Coastal Federation
The North Carolina Coastal Federation (NCCF) is the state's only non-profit organization
focused exclusively on
protecting and restoring the coast of North Carolina through education, advocacy and
habitat restoration and
preservation. www.nccoast.org
About Environmental Defense Fund
A leading national nonprofit organization, Environmental Defense Fund represents more
than 500,000 members. Since 1967, Environmental Defense Fund has linked science,
economics, law and innovative private-sector partnerships to create breakthrough solutions
to the most serious environmental problems. For more information, visit www.edf.org.
The Southern Environmental Law Center uses the power of the law to protect the health and
http: //www.pitchengine. com/southernenvironmentallawcenter/environmental-protections-... 3/25/2009
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environment of the Southeast (Virginia, Tennessee, North and South Carolina, Georgia, and
Alabama). Founded in 1986, SELC's staff of 40 attorneys includes experts on air and energy, water,
forests, the coast and wetlands, transportation, and land use. SELC is a non-profit organization and
works with more than 100 partner groups. www.SouthernEnvironment.org
Southern Environmental Law Center Press Contact
200 W. Franklin St., Ste. 330 Kathleen Sullivan
Chapel Hill, NC 27516 Office: 919-967-1450
919-967-1450
Email (mailtoksultivan@selcnc org)
Website
Interview Request
Kathleen Sullivan
Office: 919-967-1450
Email ([e-mail])
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