19860242 Ver 1_COMPLETE FILE_19861211

State of North Carolina
Department of Natural Resources and Community Development
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor
S. Thomas Rhodes, Secretary
December 11, 1986
Mr. Doug Mercer
Texasgulf Chemicals Company
P.O. Box 48
Aurora, NC 27806
R. Paul Wilms
Director
Subject: Certification Pursuant to Section
401 of the Federal Clean Water Act,
Proposed Earthen Dike
Mine Advance
Texasgulf Chemicals
Porter Creek
Beaufort County
Dear Mr. Mercer:
Attached hereto are two (2) copies of Certification No. 2005
issued to Texasgulf Chemicals Company dated December 111 1986.
If we can be of further assistance, do not hesitate to contact us.
Sincerely yours,
...6,1ed By
Vinoam C. Mills
For R. Paul Wilms
cc: Wilmington District Corps of Engineers
Washington Regional Office
Mr. William Mills
Mr. David Owens
Pollution Prevention Pays
P.O Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Emplq rr

NORTH CAR61a$A
Beaufort County
CERTIFICATION r
THIS CERTIFICATION is issued in conformity with the requirements of
Section 401 Public Laws 92-500 and 95-217 of the United States and
subject to the North Carolina Division of Environmental Management
Regulations in 15 NCAC 2H, Section .0500 to Texasgulf Chemicals Company
pursuant to an application filed to construct a dike along a new mining
block along Porter Creek..
The Application provides adequate assurance that the discharge of
fill material into a wetlands area adjacent to the waters of Porter
Creek in conjunction with the proposed dike construction in Beaufort
County will not result in a violation of applicable Water Quality
Standards and discharge guidelines. Therefore, the State of North
Carolina certifies that this activity will not violate Sections 301,
302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance
with the application and conditions hereinafter set forth.
Condition(s) of Certification:
1. That the activity be conducted in such a manner
as to prevent significant increase in turbidity
outside the area of construction or construction
related discharge (increases such that the
turbidity in the Stream is 25 NTU's or less
are not considered significant).
2. That appropriate sedimentation and erosion control
measures shall be employed to minimize siltation
and turbidity from the project.
Violations of any condition herein set forth shall result in
revocation of this Certification.
This Certification shall become null and void unless the above
conditions are made conditions of the Federal Permit.
This the 11th day of December, 1986.
DIVISION OF ENVIRONMENTAL MANAGEMENT
Original Signed By
William C. Mills
For
R. Paul Wilms, Director
WQC# 2005

d? SCA7F ?
r?
State of North Carolina
Department of Natural Resources and Community Development
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor
S. Thomas Rhodes, Secretary
December 11, 1986
Mr. Doug Mercer
Texasgulf Chemicals Company
P.O. Box 48
Aurora, NC 27806
R. Paul Wilms
Director
Subject: Certification Pursuant to Section
401 of the Federal Clean Water Act,
Proposed Earthen Dike
Mine Advance
Texasgulf Chemicals
Porter Creek
Beaufort County
Dear Mr. Mercer:
Attached hereto are two (2) copies of Certification No. 2005
issued to Texasgulf Chemicals Company dated December 11, 1986.
If we can be of further assistance, do not hesitate to contact us.
Sincerely yours,
Original Signed By
William C. Mills
F(' R. Paul Wilms
cc: Wilmington District Corps of Engineers
Washington Regional Office
Mr. William Mills
Mr. David Owens
Pollution Prevention Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Emplo-^°r
Mr ,
NORTH CAROLINA
Beaufort County
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of
Section 401 Public Laws 92-500 and 95-217 of the United States and
subject to the North Carolina Division of Environmental Management
Regulations in 15 NCAC 2H, Section .0500 to Texasgulf Chemicals Company
pursuant to an application filed to construct a dike along a new mining
block along Porter Creek.
The Application provides adequate assurance that the discharge of
fill material into a wetlands area adjacent to the waters of Porter
Creek in conjunction with the proposed dike construction in Beaufort
County will not result in a violation of applicable Water Quality
Standards and discharge guidelines. Therefore, the State of North
Carolina certifies that this activity will not violate Sections 301,
302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance
with the application and conditions hereinafter set forth.
Condition(s) of Certification:
1. That the activity be conducted in such a manner
as to prevent significant increase in turbidity
outside the area of construction or construction
related discharge (increases such that the
turbidity in the Stream is 25 NTU's or less
are not considered significant).
2. That appropriate sedimentation and erosion control
measures shall be employed to minimize siltation
and turbidity from the project.
Violations of any condition herein set forth shall result in
revocation of this Certification.
This Certification shall become null and void unless the above
conditions are made conditions of the Federal Permit.
This the 11th day of December, 1986.
DIVISION OF ENVIRONMENTAL MANAGEMENT
Original Signed By
William C. Mills
FoT R. Paul Wilms, Director
WQC# 2005

f

ACTION A ? .._K F1..: MA40'1 p.'id•1
... FORMAT ;Ri?1::.? :°1!''?9A i?''E 'C
ACTION ::: ADD, W ER E:.R THE .. DATA i 0 ?:.tL:.
S TORED i i D DAT A
,.., ,.. ;.. = 0 0139 COUNTY : .. ,.
AS SIGNED :
W
TYPE ER! NATION RECOMME NDATIO N 1 `f M'i'i
404 I:: 1•., . ( 401 RI:: W is U 1... 'l RE CEIVED: ..; l 1 1
CAi''1A ONL Y: GC: DENY: IN ITIAL REPORT:
7%i° %!.:A{"' A : GC: i-11::1i._D : FI NAL REPORT: 861121
RECEIVIN G STREAM: PORTER .: r':::.... CLASS : SC BASIN : TAI:,'..
COMMENTS
SITE LOC :
G.. ...f.. FACILIT
ATED AT THE TEXAS
"
Y NEAR
fi..'tt?Rl?1
PROPOSAL

.: 1 :icr i
.: Wi.
Ii1 CONSTRUCT 8 1:..
I`?:... PE

RIMETER

IKE

A
ALONG

C
NEW MINING 1:;... ... .
: k•.
NEAR PORTER CREEK

,
!'' :::::+...f1?:C .i' WILL R,::.':'U1...:(. I1?% FILLING OF 2:.?? ; c:.
RESULT 8
ACRES ?'
i:: (:i ?; '.i.
' O i::.. i WETL ANDS
NO SURFA CE WA'i'ERS WILL BE FILLED

Nov 2 41986
HA Vas SN0l.Ly A
N01103g A111Vn6 HD1bM
98619 0 AON
03A 13 032
SAWCO87-N-007-0012
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
November 6, 1986
PUBLIC NOTICE
TEXASGULF CHEMICALS COMPANY, Post Office Box 48, Aurora, North Carolina
27806, has applied for a Department of the Army permit TO PLACE FILL MATERIAL
IN WOODED WETLANDS OFF PORTER CREEK TO EFFECT CONSTRUCTION OF AN EARTHEN DIKE
AT THE PLANT SITE NEAR AURORA, Beaufort County, North Carolina.
The following description of the work is taken from data provided by the
applicant and from observations made during an onsite visit by a
representative of the Corps of Engineers. Plans submitted with the
application show the proposed construction of an approximately 158-foot wide
(bottom width) earthen dike along the perimeter of the proposed mining block.
The proposed dike will cross an approximately 150-foot wide wetland drain off
Porter Creek, resulting in a total loss of 2.48 acres of wooded wetlands
(mined and filled). These wetlands are vegetated primarily by ironwood,
lizard's tail, red maple, ash, elm, sedges, and sweetgum. The proposed
alignment represents a reduction by half of the wetland area which would be
impacted by the "maximum recovery alignment." The applicant does not favor a
"wetland exclusion alignment", as such work would result in mining of all high
ground adjacent to the wetland drain, thereby significantly altering the
drainage patterns in the area and possibly the characteristics of the bordered
wetlands. To mitigate wetland losses, the applicant proposes to leave a 12.92
acre area of wooded high ground, in its natural state, between the mining
block and Porter Creek to provide a buffer to minimize impacts to Porter
Creek. The purpose of the proposed work is to provide facilities for
expansion of mining area. Plans showing the work are included with this
public notice.
The applicant has determined that the proposed work is consistent with the
North Carolina Coastal Zone Management Plan and has submitted this
determination to the North Carolina Division of Coastal Management for their
review and concurrence. This proposal shall be reviewed for the applicability
of other actions by North Carolina agencies such as:
a. The issuance of a Water Quality Certification under Section 401 of the
Clean Water Act by.the North Carolina Division of Environmental Management.
b. The issuance of a permit to dredge and/or fill under North Carolina
General Statute 113-229 by the North Carolina Division of Coastal Management.
-2-
c. The issuance of a permit under the North Carolina Coastal Area
Management Act (CAMA) by the North Carolina Division of Coastal Management or
their delegates. `
d. The issuance of an easement to fill or otherwise occupy State-owned
submerged land under North Carolina General Statute 143-341(4), 146-6, 146-11,
and 146-12 by the North Carolina Department of Administration and the North
Carolina Council of State.
e. The approval of an Erosion and Sedimentation Control Plan by the Land
Quality Section, North Carolina Division of Land Resources, pursuant to the
State Sedimentation Pollution Control Act of 1973 (NC G.S. 113 A-50-66).
The requested Department of the Army permit will be denied if any required
State or local authorization and/or certification is denied. No Department of
the Army permit will be issued until a State coordinated viewpoint is received
and reviewed by this agency. Recipients of this notice are encouraged to
furnish comments on factors of concern represented by the above agencies
directly to the respective agency, with a copy furnished to the Corps of
Engineers.
This application is being considered pursuant to Section 404(b) of the
Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within
the comment period specified in the notice, that a public hearing be held to
consider this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this worksite is not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the District
Engineer, and he is otherwise unaware of the presence of such resources.
Presently, unknown archeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer has determined, based on a review of data furnished
by the applicant and onsite observations, that the activity will not affect
species, or their critical habitat, designated as endangered or threatened
pursuant to the Endangered Species Act of 1973.
The decision whether to issue a permit will be based on an evaluation of
the probable impacts, including cumulative impacts, of the proposed activity
and its intended use on the public interest. Evaluation of the probable
impacts which the proposed activity may have on the public interest requires a
careful weighing of all those factors which become relevant in each particular
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The
decision whether to authorize a proposal, and if so the conditions under which

0
y it will be allowed to occur, are, therefore, determined by the outcome of the
general balancing process. That decision should reflect the national concern
for both protection and utilization of important resources. All factors which
may be relevant to the proposal must be considered including the cumulative
effects thereof. Among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards, flood plain values, land use, navigation, shore erosion and
accretion, recreation, water supply and conservation, water quality, energy
needs, safety, food and fiber production, mineral needs, considerations of
property ownership, and, in general, the needs and welfare of the people. For
activities involving the placement of dredged or fill materials in waters of
the United States, a permit will be denied if the discharge that would be
authorized by such permit would not comply with the Environmental Protection
Agencies' 404(b)(1) guidelines. Subject to the preceding sentence and any
other applicable guidelines or criteria, a permit will be granted unless the
District Engineer determines that it would be contrary to the public interest.
Generally, the decision whether to issue this Department of the Army
permit will not be made until the North Carolina Division of Environmental
Management (DEM) issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The DEM considers whether or not the
proposed activity will comply with Sections 301, 302, 306, and 307 of the
Clean Water Act. The application and this public notice for the Department of
the Army permit serve as application to the DEM for certification.
Additional information regarding the Clean Water Act certification may be
reviewed at the office of the Environmental Operations Section, North Carolina
Division of Environmental Management, Salisbury Street, Archdale Building,
Raleigh, North Carolina. Copies of such materials will be furnished to any
person requesting copies upon payment of reproduction costs.
. The North Carolina Division of Environmental Management plans to take
final action in the issuance of the Clean Water Act certification on or after
December 16, 1986.
All persons desiring to make comments regarding the application for Clean
Water Act certification should do so in writing delivered to the North
Carolina Division of Environmental Management, Post Office Box 27687, Raleigh,
North Carolina 27611-7687, on or before December 10, 1986, Attention:
Mr. William Mills.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. Ken Jolly, until 4:15 p.m.,
December 8, 1986, or telephone [phone].
Paul W. Woodbury
Colonel, Corps of Engineers
District Engineer

AM/`MM
MI tiMrrv
?.? AMA
" 2-82
{CAI E
f-"3000'
DRAWN SR
Pam/!co R e?
Plant
Site
0:?Sjj
y ?A
i ?
1
V fr
V
m ?
r •
oo•
1984
1985
1986
1991 1,990
1982
1983 L ??
OfO
l 1988
1987
\ L
1989 \ 'o
1991
100,
"o,
i
i °p
?QG Q
?G
OP RATIONG • LAX CRtfN MINI • AURORA • MONTH CAROUKA
TousguH ?.
ATTACHMENT 1
w

10 Year Permit Area
a
_. H
it n
x_
D t
o z
y
N

3
cb
*11
%IC
?D
rt
??yr

op
?/
d
/-
ol
do
i
\ o

!w

0
?

lb
v
W
PpAT?'A CREEK
-- a
H
11 ?
txi
g?
Z
H
w

Fall
Wft
fb
z
cx

0
ftft
CO)
tD
VIA*
r?\
O?
-o \
N
?O\
?e
L _7

!D tD
tq y
O

0
y

/
Do
ftft
n
:lr
-a
W
r
P pm CREEK
al
zo
01
CO)
\?*x 01
. a
I1 H
a
C?
o x
0
z
y
4
/O
CD
z
rt

C
Ile
0
y
v CD
CO)

W
PpArEA CREEK

I
J Permi
(? - Line-
(. \ ..
1 l

PORTER CREEK MINING PERMIT
T

9
0 ?

r_ 0

l
\, 00 ?

44
PORTER CREEK MINING PERMIT
Permit Line 15'
Silt Curtain
,,l . ??? 1?wlat Clay Fill
J f.... .? . ?. ?. ?.
Y v ? g i r Y ` f' r` Y ? rr r v M ?? Key
¢ s
DIKE CONSTRUCTION CROSS-SECTION
.3 3't 2 O? 35
?
Varies Canal
'
so ' 20
Road
+15 MSLt
Crest o4
I 15 t 1 151
-1 - v
r ?
•?rf 4ra ?`???M? i st4 f??N '. f Ia`?r`?M?!I? 7.b ?(rf?ry+???r???a?r r+
'Isr ?.•. ? I ?i,?p f, t1?,Y;I?.rsf??:I? "• 1•i"'!?.i...*s?'•?? ?MN.?i ?+ ??'?
•
158± ;;+ •
20.
. 1 0
W S1

MEMORANDUM ? E C E
TO: Bill Mills F?
FROM: Steve Benton ? ?' NOV 19 1986
Wifl t-i QUALI,ry SECTION'
SUBJECT: Consistency Review Project OPERATIONS BRANCH
The following project proposal is being reviewed for consistency
with the North Carolina Coastal Management Program.
Identifying No. -5qwC6 557----- on) Z-
Project:
eeje k-"
Applicant: `7sc?S?,,y%-ate
DEM Reviewer sent to: ???? 127ooj2?
Response date requested: z,
Consistency Response Deadline: 2
Texasgulf Chemicals Co
PO. Box 48 Aurora, North Carolina 27806
r0r
f
A Division of Texasgulf Inc. 7 1007
Phosphate operations
[phone]
April 3, 1987
Mr. Ken Jolly `
Regulatory Functions Branch
Corps of Engineers AN 8
Post Office Box 1890
Wilmington, North Carolina 28402-1890 VV AA _ E R 0UALJTY
Dear Mr. Jolly: SECTION
Texasgulf understnads that the following conditions have
been sumbitted to the Corps regarding our application to
construct a dike in the wetlands in the headwaters of Porter
Creek:
1. The 12.9 acre buffer area will be maintained without
alteration for not less than 50 years after the
permit is issued.
2. To offset the loss of 0.97 acres of forested wetland
habitat, Texasgulf will create a 1.94 acre (minimum)
forested wetland at an upland site which is mutually
agreeable to both Texasgulf and the U.S. Fish &
Wildlife Service.
Technical aspects of this condition will be the
responsibility of Texasgulf and the U.S. Fish &
Wildlife Service. Additional requirements in
accordance with this provision are:
a) Completion of all excavation and ground cover
planting by September 30, 1987;
b) Completion of forest tree planting by February 29,
1987.
3. Replacement habitat created in accordance with Item 2
(above) will be maintained as a forested wetland.
4. Land clearing and other destructive practices, such
as timber harvest, will not occur within the replace-
ment habitat fora period of at least 50 years following
its creation.
lexasgult Chemicals Co. -l- April 3, 1987
Texasgulf will agree to these conditions as part of the
permit. We do request, however, that issuance of the permit
be expedited so that we may proceed with required development
work as soon as possible.
I appreciate your assistance. If you have further questions,
please contact me.
Sincerely,
Mitchell T. Harris
Manager, Engineering Services
MTH : j g
cc: Mr. F.
Mr. G.
Mr. J.
Mr. P.
Mr. L.
Mr. Da
H.
W.
M.
J.
W.
vid
Robinson
Whitaker
Hird
Moffett
Pullen
Rackley (U.S.F.&W)
? ? r_, C 41986
4W4D-NIEB/LP
y ?
REGION IV
345 COURTLAND STREET
ATLANTA, GEORGIA 30365 "wF E- j C r?
Colonel Paul W. Woodbury
District Engineer
U.S. Army Corps of Engineers, Wilmington
P.O. Box 1890
Wilmington, North Carolina 28402-1890
ATTENTION : Mr. Ken Jolly
U117 U 1. J 19 S 6
,L ff
OPERA FJ
ONS'?,?
DEC 9 19-86

SUBJECT: Texasgulf Chemicals Oompany.
(Public Notice No. 87-N-007=0012)
Dear Colonel Woodbury:
piv. of --:rivironmen al Nlgt.
Raleigh, N. C.
rt
This is in response to the subject public notice to place fill material
in wetlands adjacent to Porter Creek near the Tewn of Aurora, Beaufort
County, North Carolina.
The purpose of the fill is to construct a 150-ft. wide earthen dike as
part of an ongoing phosphate mining operation. The proposed dike will
cross a 150-ft, wide wetland drain, resulting in a loss of 2.48 acres of
mature wooded wetlands. These wetlands are dominated by ironwood (Carpinus
caroliniana), red maple (Aker rvbrum), ash (Fraxinus sp.) sweetgum
(Liquidambar styraciflua), lizard's tail (Saururus cernuus) and a variety
of sedges (Carex sp.). Tb mitigate wetland losses, the applicant proposes
to leave a 12.92-acre area of high quality wooded uplands in its natural
state between the mining block and Porter Creek. This will minimize
significant alterations to the drainage patterns in the area, and provide
a buffer to.reduee impacts to Porter Creek.
Bottcmland hardwoods perform valuable functions for aquatic systems
including: fish and wildlife habitat values, detrital export, water
quality services, and vital stormwater retention capabilities.
It is clear that the fill activity will eliminate a valuable aquatic
resource and will result in unacceptable adverse environmental impacts.
Oonsequently, we remmnd that the subject permit application be denied
unless the following modifications are inplemented by the applicant:

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
1) Commit to the perpetual protection of the 12.92-acre upland site.
AL

-2-
2) The 2.48 acres of bottanland hardwoods eliminated by the work will be
mitigated for on a 2:1 basis by grading down a suitable onsite upland
location, and planting the site with red maple, ironwood, sweetgum,
and greenash (Fraxinus pennsylvanica).
Sincerely yours,
E.T. Heinen, Chief
Marine and Estuarine Branch
Water Management Division
cc: See enclosed
yM. ; . k Q.
W
cc: Mike Gantt, Field Supervisor
U.S. Fish and Wildlife Service
Raliegh, NC
R. Paul Wilms, Director-
NC Division of Environmental Management
Preston Pate, Chief
Field Supervisor
NC Office of Coastal Management
W. Donald Baker
NC Wildlife Resources Commission
John Parker, Permits Coordinator
NC Office of Coastal Management
Randy Cheek, Area Supervisor
National Marine Fisheries Service
Beaufort, NC
J.T. Brawner, Regional Director
National Marine Fisheries Service
St. Petersburg, FL
i