HomeMy WebLinkAbout20080868 Ver 2_404 Draft Conditions_20090520?,,# qo?
MINING
A) This permit authorizes mining and mine related impacts as described fully in the FEIS
within the boundary depicted in the attached maps labeled "Modified Alt L - NCPC
Proposed Impact Boundary", "Modified Alt L - Bonnerton Proposed Impact
Boundary" and "Modified Alt L - South of 33 Proposed Impact Boundary", as
presented May 18, 2009. All work authorized by this permit must be performed in
strict compliance with these attached plans, which are a part of this permit. Any
modification to these plans must be approved by the US Army Corps of Engineers
(USACE) prior to implementation.
B) Within 1 year of the issuance of this permit, the Permittee will demarcate the outer
limits of disturbance on the NCPC tract by establishing a cleared line at least 10' and
not to exceed 40' along the Impact Boundary as identified in the attached map labeled
"Modified Alt L - NCPC Proposed Impact Boundary" resented May 18, 2009.
Additionally, the Permittee will, within 1 year of the ' uance of this permit further
demarcate this boundary on the NCPC Tract by e g permanent monuments
identified with GPS coordinates, at the points i ' ted o e May 18, 2009 map.
This must be reviewed and approved by the S. Army Co Engineers. No less
than 1 year prior to relocating any mine refatted eFns* y to th onnerton or S33
Tracts, the Permittee will undertake identical cic within these tracts utilizing the
information provided on the "Modifi Alt I. 13o eoon Proposed Impact
Boundary" and "Modified Alt L - So of 3 Proped Impact Boundary", as
presented May 18, 2009, respectively. wi cilitate compliance monitoring by
establishing long-term refe oints.
C) Except as authorized by this USACE approved modification to this
permit, no excava ' r anized land-clearing activities shall take place at
any time in the nstructi6 r m enance of this project, within waters or wetlands.
This permit does authori temporary placement or double handling of excavated
or fill material within:ater r wetlands outside the permitted area. This prohibition
applies to all borrow activities connected with this project.
D) Except as specified in the plans attached to this permit, no excavation, fill or
mechanized land-clearing activities shall take place at any time in the construction or
maintenance of this project, in such a manner as to impair normal flows and
circulation patterns within waters or wetlands or to reduce the reach of waters or
wetlands.
E) Figure 1 depicts approximate timing of the requirement for major pre- mining, land
manipulation and clearing impacts. Table 2 lists those impacts and the years in which
they will occur. These yearly figures are estimates. Actual timing and area may be in
part determined by several factors including but not limited to site and equipment
constraints, weather, and economics. However, to ensure that temporal losses are
minimized to the extent practicable, the permittee shall not undertake major land-
clearing and/or land manipulating activities within any area sooner than 1 year prior
to the dates indicated on this figure. For example, major landclearing and
manipulation activities within the block labeled 2012-2013 may not begin any sooner
than January 1, 2011.
RECLAMATION
F) The permittee will undertake full reclamation of all areas mined under this
authorization as described in Section 4.3 of the EIS. This includes reestablishment of
varied topography and drainage ways. Figure 2 indicates the required completion
date for the capping and successful vegetation of mine reclamation areas. To
demonstrate adherence to this schedule, the applicant will submit to the Corps an
annual summary detailing all reclamation efforts complete within the previous year
and indicating the degree of completeness of each reclamation area. Any deviation
from the reclamation schedule will be addressed in these reports and the report shall
include an explanation for the deviation and proposed r edial action.
G) The permittee shall cap all mined areas that are re i with the gypsum-clay blend
process materials. The goal of the cap will be imu oot thick cap of
overburden material (similar to background ils f om the r ) over 100% of the
blend areas. Minimal acceptable perform to ds in a ieving this cap are as
follows: 70% of the total surface area with a m um of 3-foot cap; 25% of the total
surface area with a minimum of 246 ; 5%o total surface area unspecified.
H) Following successful completion of the -in quirements, the permittee will
submit an as-built report i final ographical surveys for the reclamation
areas. This report shall ain al cap h and coverage information. This report
shall further include an ex development that will minimize erosion,
eliminate contami o on from the clay/gypsum blend through the stream
channel, and fa tate the elo ent of a mature vegetated riparian buffer. Finally,
this report shall ude inf ation on surface water retention within the
reclamation area an ws thin and from the reclamation area.
I) To minimize temporal Apacts and accelerate the return of watershed functions
within the reclamation areas, the permittee will to the extent appropriate and
practicable apply an average of 1-foot (no less than 6 inches in any location) of
topsoil cover to the reclaimed areas utilizing, the topsoil removed prior to site mining.
This topsoil addition should be concentrated within and around areas of surface water
flow and/or retention.
J) To the extent appropriate and practicable, upland portions of the reclamation area
shall be replanted, in longleaf pine (Pinus palustris) and wetland areas shall be
replanted in bald cypress (Taxodium distichum) and/or Atlantic white cedar
(Chamaecyparis thyoides) if Atlantic white cedar is shown to do well on the
reclamation sites. It is suggested that the permittee work with the Corps, the USFWS
and any other interested parties to determine growth and survivability of these and
other species utilizing areas currently being reclaimed under the previous permit
action.
K) Within 2 years of the issuance of this permit, the permittee will work with the Corps
and NCDWQ to develop a plan to monitor the quality of water discharged from the
reclamation areas into the surrounding watersheds. The permittee will seek input,
from all appropriate and interested agencies including but not limited to EPA,
USFWS, NFMS, NCWRC, NCDMF, NCDCM and NCDLR in developing this
monitoring plan. This plan shall include monitoring of nitrate nitrogen, ammonia
nitrogen, particulate nitrogen, dissolved Kjeldahl nitrogen, and dissolved and
particulate organic carbon. Data collected will be used to manage water within the
reclamation areas to optimize both the amount and quality of those waters being
released. It is suggested that the applicant initiate pilot study in the areas currently
being reclaimed.
MITIGATION
L) Compensatory mitigation identified in the d met entitled' mpensatory
Section 404/401 Mitigation Plan: Compre e 'eye roach" s presented in
Appendix I of the FEIS shall be accomplished p'i' Neut. nt to that Plan and/or any
subsequent Corps approved modifica ' or Construction and
monitoring of each site shall be condingy to each site-specific
mitigation plan and the schedule pre 1 of the Record of
Decision.
M) Within one year of the issuance of If e permittee shall cause to be
recorded, a cons ?ie*areaid'eo?fiea-f4r ixxstrument acceptable to the Corps for the permanent
preservation of t preservation in the "South Creek
Corridor" plan.. '
N) Table 2 lists the impac hey would occur during 2-year timeframes and is
included by reference i ondition "E" above. By November V t of the year
preceding the permitted impact, the Permittee shall submit to the Corps a
mitigation ledger demonstrating that all mitigation work is complete as
described in the mitigation plan and pursuant to the identified timetable. This
ledger will be used to determine whether sufficient mitigation is available for
impacts occurring over the next 2-year timeframe. For Example, by
November 1 st 2009, the Permittee shall submit a ledger demonstrating that
sufficient mitigation for impacts occurring during the 2010 - 2011 timeframe
(526.56 ac) is completed. Should the ledger indicate that insufficient
mitigation exists to compensate for the next 2-year timeframe, the Permittee
shall work with the Corps to develop a strategy to ensure that the mitigation
requirement is satisfactorily met prior to impacts occurring.
O) The Permittee shall submit yearly monitoring reports for each mitigation site.
Monitoring reports will be submitted by the dates specified within each site-
specific mitigation plan. Monitoring will continue until such time as the
Corps deems the mitigation site successful and confirms in writing that
monitoring may be discontinued.
P) Once compensatory mitigation sites have been deemed successful and the
Corps has agreed in writing that monitoring may cease, the permittee shall,
within one year of the date of that correspondence, cause to be recorded an
acceptable conservation instrument ensuring the permanent protection of all
mitigation sites.
MONITORING
?
.
an acceptable baseline. After 5 years, o oring is acceptable.
•
y ?
and/or the Corps will m, hes eports a lable in whole or in summary to
l
V
Y
cr
Q) As required by the State Water Quality Certification e permittee will work
j with the Corps and the NC Division of Water Qu y tablish a
monitoring plan for groundwater in and aroun an lamation areas.
At a minimum, this plan shall include suffic' t m nitoring "roxic nand
surrounding the reclamation areas to ensuh l pollutants
including cadmium are not entering the groun er. It is suggested that this
monitoring commence with weekly les fora of 5 years to generate
? Yearly results of this monitoring shall o o the Corps and NCDWQ
.? no later than January 31 of r follo ing data collection. The permittee
any interested party. If inc els of any sampled substance are
?? observed for more '? in occurrence in any given year, or for more
Xo- than 1 year, the rmittee 1 in de in the yearly report, a plan for
H mitigating the e or satis tory justification as to why no action is
necessary. If the C in nsultation with other agencies, including but not
limited to NCDWQ an A, determines that the current reclamation
practices are causing an nacceptable adverse impact to groundwater, the DE
may modify, suspend or revoke the permit.
R) Prior to introducing the gypsum/clay blend as a reclamation of any area
covered by this permit, the Permittee will submit to the Corps a CDWQ a
remediation strategy in the event heavy metal contaminati of groundwater
or surface tributaries that drain or are adjacent to mined areas occurs. That
strategy will be made available for public review.
S) In concert with the monitoring requirements contained in the Water Quality
Certification, PCS shall develop a Plan of Study to address the effects of the
reduction in headwater wetlands on the utilization of Porters Creek, Tooley
Creek, Jacobs Creek, Drinkwater Creek, and Jacks Creek as nursery areas by
resident fish and appropriate invertebrate species. This plan should be
submitted to the Corps and NCDWQ for approval within 1 year of the
issuance of this permit. At a minimum, the plan shall address the following
issues:
1) Has mining altered the amount or timing of water flows within the creeks?
Data collection may include:
i) Continuous water level recorders to measure flow
ii) Rain gauges to measure local water input
iii) Groundwater wells to measure input to the creeks
iv) Semi-continuous salinity monitoring
v) Periodic DO monitoring (continuously monitored for several days at
strategic times of year)
2)
Has mining altered the geomorphic or vegetative character of the creeks?
Data collection may include:
i) Annual aerial photography to determine cree osition, length, width,
sinuosity
ii) Annual cross sectional surveys of each
iii) Annual sediment characterization
iv) Annual vegetation surveys along d 4e
v) Spring and fall sediment chlorophylls c
zone.
vi) Spring and fall location of floeu
locations
Prganic content in vegetation
newith each creek.
3) Has mining altered the base o he creeks? Data collection may
include:
4) Has mining altered the use of the creeks by managed fish? Data collection
may include periodic sampling for species managed under the Magnuson-
Stevens Fishery Conservation Management Act. Sampling would occur
during appropriate times of year and gears would be chosen to reflect
ontogenetic shifts in creek usage.
5) Has mining increased contaminate levels within creek sediments to levels
that could impact fish or invertebrates? Data collection may include
annual sediment and water column sampling for metals, including
cadmium, mercury, silver, copper, and arsenic. If elevated levels are
detected, the availability and uptake by appropriate aquatic species (e.g.,
Rangia sp., blue crabs) should measured using appropriate bioassay
techniques.
6) Has mining altered overall water quality within creeks? Water quality
parameters analyzed will include: Salinity, Temperature, Dissolved
Oxygen, pH, Secchi depth, Turbidity, Chlorophyll a, Dissolved
orthophosphate phosphorus, Total dissolved phosphorus, Particulate
phosphorus, Nitrate nitrogen, Ammonia nitrogen, particulate nitrogen, and
Dissolved Kjeldahl nitrogen.
T) Monitoring under the plan referenced in condition "S" above shall commence
immediately upon the plans approval by the Corps and NCDWQ. Monitoring
shall continue for 10 years following the completion of all reclamation work
within the headwaters of the subject creeks unless the Corps, in consultation
with the appropriate resource agencies agrees that monitoring can be
discontinued. Yearly results of this monitoring shall be reported to the Corps
and NCDWQ no later than Iof the year following a collection. The
permittee and/or the Corps wi make these reports a able in whole or in
summary to any interested pa
REPORTING AND ADAPTIVE MAAGE NT
U) The Permittee will work with the Co nd NCD establish an
independent panel of qualified researc rs, nce anel). In identifying
potential participants for this Panel, the i ill seek input from all
interested and appropriate a agen es inc uding but not limited to
NMFS, USFWS, NCW C F, and appropriate permitting agencies
including NCDCM, NCDL all be comprised of between 2 and
5 members. The f anel will be given opportunity to provide
input and reco endatio th onitoring required by conditions "K" and
"S" above inc u researc esign, reference site selection, sampling
stations, schedules, met ds; laboratory methods; data management and
analysis; and quality c and quality assurance. Any input supplied by
members of this panel 1 presented to the Corps and NCDWQ and will be
incorporated as appropriate into the preparation of the Plan of Study
referenced in condition "S". Members of this panel will also be given the
opportunity to oversee all research conducted toward fulfillment of conditions
"K" and "S"
V) The Permittee will be responsible for fully implementing the approve?lan of
Study referenced in conditions "S" and "U" above. Annual summaries of all
data collected in compliance with conditions "K" and "S" shall be presented
to the Corps, NCDWQ and all members of the Science Panel on or before
May 1 of the year following collection.
W) PCS shall coordinate and facilitate an annual meeting of the Science Panel,
the Corps, NCDWQ, and all other interested state and federal agencies
,;.
/ ,
including but not limited to NMFS, U9FWS,-NC?WRC, NCDMF, NCDCM,
NCDLR. This meeting shall occurduringJu? each year. The purpose of
this meeting will be to allow the members of the Science Panel to provide
input to the agencies on any observed trends in parameters measured and
general discussions on whether direct and indirect impacts from mining and
benefits from the compensatory mitigation appear to be in accordance with
expectations at the time of permitting. Members of the Science Panel will
also be given the opportunity to provide any recommendations for
management or further study. The proceedings of this meeting including data
summaries, reports, presentations and any conclusions of the group will be
made available in whole or in summary to any interested party. The Corps
will fully consider all information presented by the Science Panel as well as
comments from state and federal agencies and all other parties supplying input
to determine if corrective actions or permit modifications are needed. If
substantive changes to the mine plan, compensatory mi ' tion plan or
monitoring plan are made, the Corps will announce change by Public
Notice and allow for public comment.
X) At appropriate intervals to be decided by th orp after inp m the
Science Panel (eg. 3 to 5 years) beginning t to of P tit issuance,
members of the panel shall be given the opport to review the monitoring
methods, sampling locations, param bana'yzoe other elements of
monitoring protocol to determine if in e plan are app ropriate.
All data reviewed by the panel shall be a le to the public.
MISCELLANOUS
Y) The permittee sh dvise t Corps in writing prior to beginning the work
authorized by this p it an again upon completion of the work authorized
by this permit. `
Z) The permittee shall require its contractors and/or agents to comply with the
terms and conditions of this permit in the construction and maintenance of this
project, and shall provide each of its contractors and/or agents associated with
the construction or maintenance of this project with a copy of this permit. A
copy of this permit, including all conditions, shall be available at the project
site during construction and maintenance of this project.
AA) The permittee shall employ all sedimentation and erosion control
measures necessary to prevent an increase in sedimentation or turbidity within
waters and wetlands outside the permit area. This shall include, but is not
limited to, the immediate installation of silt fencing or similar appropriate
devices around all areas subject to soil disturbance or the movement of
earthen fill, and the immediate stabilization of all disturbed areas.
Additionally, the project must remain in full compliance with all aspects of
qfk
the Sedimentation Pollution Control Act of 1973 (North Carolina General
Statutes Chapter 113A Article 4).
BB) The permittee, upon receipt of a notice of revocation of this permit or
upon its expiration before completion of the work will, without expense to the
United States and in such time and manner as the Secretary of the Army or his
authorized representative may direct, restore the water or wetland to an
acceptable condition.
CC) Violations of these conditions or violations of Section 404 of the Clean
Water Act or Section 10 of the Rivers and Harbors Act must be reported in
writing to the Wilmington District U.S. Army Corps of Engineers within 24
hours of the permittee's discovery of the violation.
DD) Wetland Avoidance/Minimization Areas: The Pe ' e shall avoid the
remaining 2,445 acres of waters of the US within th ,100 acre project area.
These natural wetland areas were avoided as part th rmit application
review process and therefore will not be distur y an dging, filling,
mechanized land clearing, agricultural activ' s, o other co ction work
whatsoever. The Corps reserves the right u y ew of y requests for
future impacts to these natural wetland areas. In addition,within one year of
the date of this permit, the Permittee cause t corded a conservation
instrument acceptable to the Corps fo ane preservation of the areas
identified as conservation easements on s ed "Conservation
easement - Tooley Creek d Alte ative -NCPC; " "Conservation
Easement - Jacobs Cre odi d Alte ve L - NCPC;" "Conservation
Easement - Drinkwater Cre lternative L - NCPC;"
"Conservation Ea ac reek Modified Alternative L - NCPC;" and
"Conservation ement - rter eek Modified Alt L - Bonnerton" all
dated May 18, 2 nd atta ed ere.