20080868 Ver 2_Email from Coleen Sullins_20090416

Dorney, John
From: Coleen Sullins [[e-mail]]
Sent: Thursday, April 16, 2009 12:05 PM
To: [e-mail]
Cc: John Dorney
Subject: [Fwd: EPA concerns regarding proposed Clean Water Act section 404 permit for PCS
Phosphates]
Attachments: EPA concerns regarding proposed Clean Water Act section 404 permit for
PCSPhosphates.eml
Jennifer - attached are the documents that EPA sent.
Coleen
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1
Summary of recent PCS-related issues
April 16, 2009
1. Timeline
The Division of Water Quality issued the final 401 Water Quality Certification for the
mine expansion of PCS Phosphate on January 15, 2009. Before any additional
wetlands or streams can be impacted, PCS needs a 404 permit issued by the US Army
Corps of Engineers. On February 24, 2009, the Army Corps of Engineers formally
notified the US Environmental Protection Agency that they intended to issue the 404
Permit following the mining boundary approved by the Division of Water Quality in the
401 Certification. On March 17, 2009, the US Environmental Protection Agency notified
the Corps that they were intending to elevate the permit to the Assistant Secretary of the
Army for Public Works (Mr. John Paul Woodley, Jr.). On March 24, 2009, EPA, the
Corps, US Fish and Wildlife Service and National Marine Fisheries Service and PCS
Phosphate met to discuss EPA's concerns with the project. That meeting included an
alternative mining plan that was more restrictive than the plan approved by the Division
of Water Quality which is what the Corps had planned to approve. On April 3, 2009, the
EPA formally elevated the permit decision to Mr. Woodley. This notification from EPA
presented a new, alternative mining plan as well as discussed several other issues
related to the 404 Permit. A field meeting is planned for Friday April 17, 2009 on the
PCS site with the PCS, the Corps and EPA (both NC and Washington, DC staff) to
review EPA's concerns in the field. Mr. Palmer Hough from EPA Headquarters and Ms.
Jennifer Derby from Region 4 will attend as will Mr. Chip Smith from Assistant Secretary
Woodley's office in addition to Corps staff from the Wilmington District. After that
meeting, Mr. Woodley has until May 6, 2009 to make a decision on the permit. He can
make one of three decisions -1) remand the permit to the Wilmington, NC office of the
Corps to issue as proposed, 2) remand the permit to the Wilmington, NC office of the
Corps to issue with revisions, or 3) make the permit decision himself (which is unlikely).
As discussed, if the Corps changes their position on the extent of mining that is
allowable, DWQ may need to reexamine its Certification to make sure that they are not
in conflict. Finally, the EPA may then veto the 404 Permit under Section 404 (c) and the
EPA has 10 days to do so after the permit is issued.
2. Other issues
PCS Phosphate has cleared all the wetlands and uplands that they can legally clear
under the existing 404 Permit issued in 1997. Earlier this year, PCS laid off their land
clearing and surveying crews. On April 20, PCS will eliminate another 24 positions who
are responsible for pre-stripping the mine site. The mining still continues but will soon
have to stop since PCS will be at the limit of their allowable mining. It is not clear how
long mining can continue but the best guess of DWQ staff is that mining will have to end
in a matter of a few months. Even if PCS got a permit quickly, they would probably not
be able to immediately rehire all the laid off workers since it will take a while to ratchet
back up the mining and clearing process.
If you have any questions, please call John Dorney at 733-9646.