[Federal Register Volume 73, Number 101 (Friday, May 23, 2008)]
[Notices]
[Pages 30094-30095]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-11585]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Department of the Army; Corps of Engineers


Notice of Availability of the Final Environmental Impact 
Statement (FEIS) for the Proposed Potash Corporation of Saskatchewan 
Phosphate Mine Continuation Near Aurora, in Beaufort County, NC

AGENCY: Department of the Army, U.S. Army Corps of Engineers, DoD.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The U.S. Army Corps of Engineers (COE), Wilmington District, 
Regulatory Division has been reviewing the request for Department of 
the Army authorization, pursuant to Section 404 of the Clean Water Act 
and Section 10 of the Rivers and Harbor Act, from Potash Corporation of 
Saskatchewan Phosphate Division (PCS) for the continuation of its 
phosphate mining operation near Aurora, Beaufort County, NC. PCS 
proposes to undertake an approximately 11,909 acre mine expansion into 
an approximately 15,100 acre project area surrounding its current 
mining operation. This expansion would occur over a 37 year period and 
would impact approximately 4,135 acres of waters of the United States 
including wetlands adjacent to The Pamlico River, South Creek and 
Durham Creek. The Notice of Availability of the Draft Environmental 
Impact Statement (DEIS) for this action was published in the Federal 
Register on Friday, October 20, 2006 (71 FR 61962). The Notice of 
Availability of Supplement I of the DEIS (SDEIS) was published in the 
Federal Register on Tuesday, November 6, 2007 (72 FR 62634).

DATES: Written comments on the Final EIS will be received until July 9, 
2008.

ADDRESSES: Comments and questions regarding the Draft EIS may be 
addressed to: U.S. Army Corps of Engineers, Wilmington District, 
Regulatory Division. ATTN: File Number 2001-10096, Post Office Box 
1890, Wilmington, NC 28402-1890. Copies of the Final EIS, the DEIS and 
the SDEIS can be reviewed on the Wilmington District Regulatory 
homepage at, http://www.saw.usace.army.mil/wetlands/regtour.htm, or 
contact Ms. Thelma Hemingway (910) 251-4789, to receive written or CD 
copies.

FOR FURTHER INFORMATION CONTACT: Questions about the proposed action 
and FEIS can be directed to Mr. Tom Walker, Project Manager, Regulatory 
Division, telephone: (828) 271-7980, extension 222.

SUPPLEMENTARY INFORMATION:
    1. Project Description. The PCS Aurora facility includes an open 
pit mining operation that supplies phosphate ore to its onsite 
manufacturing facilities producing sulfuric acid, phosphoric acid, 
purified acid, liquid fertilizer, superphosphoric acid, diammonium 
phosphate, defluorinated phosphate, animal feed and solid fertilizers. 
Phosphate mining activities began at this site in 1965. On August 27, 
1997, PCS was issued a Department of the Army permit to impact 1,268 
acres of waters and wetlands to continue its mining operation into the 
current mine area. This action is more fully described in the August, 
1996 Final Environmental Impact Statement for the Texasgulf Inc. Mine 
Continuation. PCS is nearing the end of the current mining area and is 
seeking to continue its mining operation into its adjacent property.
    2. Proposed Action. On November 2, 2000, PCS applied for Department 
of the Army authorization pursuant to Section 404 of the Clean Water 
Act and Section 10 of the Rivers and Harbors Act to continue its 
phosphate mining operation into an adjacent tract on the Hickory Point 
peninsula (the NCPC Tract) adjacent the Pamlico River and South Creek 
once reserves are depleted under the existing permitted area. The 
applicant's stated purpose and need for this project is to continue 
mining its phosphate reserve in an economically viable fashion. More 
specifically, the applicant's stated purpose and need is to implement a 
long-term systematic and cost-effective mine advance within the project 
area for the ongoing PCS mine operation at Aurora, NC.
    The Corps circulated a Public Notice describing this application on 
January 2, 2001 (Action ID No. 200110096). PCS elected to further 
reduce proposed impacts to waters of the U.S. in response to comments 
on this Public Notice and submitted a revised permit application on 
August 13, 2001, for a 15-year mine continuation within the NCPC Tract. 
The Corps circulated a second Public Notice on October 4, 2001, 
describing the revised application. The Corps, in considering 
reasonable alternatives and potential cumulative impacts, determined 
that the applicant would need to develop alternatives that include 
mining in areas other than the NCPC Tract and/or mining in multiple 
locations. On September 8, 2005, the applicant presented the Corps with 
an applicant preferred holistic plan for mining the entire project 
area. This plan, and a range of holistic alternatives were fully 
described in the DEIS and SDEIS.
    By letter dated April 25, 2008, the applicant requested that its 
application be modified to request a permit for an approximately 
11,909-acre mine advance through 15,100 acre project area that would 
impact approximately 4,135 acres of waters of the U.S. including 
wetlands. Waters and wetlands in the proposed impact area are more 
specifically described in the following table:

Proposed Impacts:
  1. Creeks/Open Water....................  7 acres.
    1a. Perennial Streams.................  13,385 linear feet.
    1b. Intermittent Streams..............  15,903 linear feet.
  2. Brackish Marsh Complex...............  0 acres.
  3. Bottomland Hardwood Forest...........  73 acres.
  4. Herbaceous Assemblage................  333 acres.
  5. Scrub-Shrub Assemblage...............  445 acres.
  6. Pine Plantation......................  641 acres.
  7. Hardwood Forest......................  1,075 acres.
  8. Mixed Pine-Hardwood Forest...........  910 acres.
  9. Pine Forest..........................  353 acres.
  10. Pocosin/Bay Forest..................  264 acres.
  11. Sand Ridge Forest...................  22 acres.
  10. Ponds...............................  11 acres.
                                           -----------------------------
        Total.............................  4,135 acres.
 

    4. Alternatives. A full range of reasonable alternatives have been 
identified and evaluated through the scoping process. A complete 
description of all alternatives carried forward for detailed study is 
disclosed in Section 2 of the FEIS.
    5. Scoping Process. A public scoping meeting was held on February 
28, 2001, and an interdisciplinary Review Team (Review Team) comprised 
of representatives from other state and federal regulatory and 
commenting agencies, environmental advocacy groups, the applicant, and 
CZR Incorporated (CZR) (third party consultant to the Corps in 
accordance with RGL-05-08). The purpose of the Review Team is to 
identify major issues to be addressed in the EIS and to provide input 
on potential alternatives to be explored and potentially evaluated. As 
appropriate, the COE will

[[Page 30095]]

initiate consultation with the U.S. Fish and Wildlife Service under the 
Endangered Species Act and the Fish and Wildlife Coordination Act, and 
with the National Marine Fisheries Service under the Magnuson-Stevens 
Act and Endangered Species Act. The Corps is coordinating with the 
North Carolina Division of Water Quality (NCDWQ) to ensure the EIS has 
assessed the potential water quality impacts pursuant to Section 401 of 
the Clean Water Act and with the North Carolina Division of Coastal 
Management (NCDCM) to determine the projects consistency with the 
Coastal Zone Management Act. The Corps is also coordinating with the 
NCDCM and NCDWQ in the development of the EIS to ensure the process 
complies with State Environmental Policy Act (SEPA) requirements, as 
well as the NEPA requirements. The Corps has attempted to design the 
FEIS to consolidate both NEPA and SEPA processes to eliminate 
duplications.
    Following the FEIS comment period, the Corps will review all 
comments and pertinent information. The Corps will then prepare a 
Record of Decision responding to any substantive issues raised that 
have not been addressed in the FEIS and documenting the Corps' final 
decisions on compliance with the Clean Water Act, Section 404(b)(1) 
Guidelines, its decisions in the public interest review and the final 
permit decision.

    Dated: May 15, 2008.
John E. Pulliam, Jr.,
Colonel, U.S. Army, District Commander.
 [FR Doc. E8-11585 Filed 5-22-08; 8:45 am]
BILLING CODE 3710-GN-P