Notice of Intent To Prepare a Draft Areawide Environmental Impact Statement for Phosphate Mining Affecting Waters of the United States in the Central Florida Phosphate District (CFPD), 9560-9562 [2011-3738]

Agencies

• DEPARTMENT OF DEFENSE
• Department of the Army, Corps of Engineers
• Department of the Army; Corps of Engineers

[Federal Register Volume 76, Number 34 (Friday, February 18, 2011)]
[Notices]
[Pages 9560-9562]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-3738]


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DEPARTMENT OF DEFENSE

Department of the Army; Corps of Engineers


Notice of Intent To Prepare a Draft Areawide Environmental Impact 
Statement for Phosphate Mining Affecting Waters of the United States in 
the Central Florida Phosphate District (CFPD)

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

ACTION: Notice of Intent (NOI).

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SUMMARY: The U.S. Army Corps of Engineers (Corps), Jacksonville 
District,

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has received permit applications for Department of the Army permits 
under Section 404 of the Clean Water Act (CWA) from phosphate mining 
companies in Central and Southwest Florida to discharge fill in Waters 
of the United States for the purpose of phosphate ore extraction (i.e., 
creation of new phosphate mines, expansions of existing mines, and 
construction of attendant facilities) within the CFPD. The three 
specific projects being considered, and their Department of the Army 
file numbers, are CF Industries' South Pasture Extension (SAJ-1993-
01395), Mosaic Fertilizer LLC's Four Corners Surface Tract (1995-
00794), and Mosaic Fertilizer LLC's Ona Mine (SAJ-1998-02067). The 
Corps has determined that, when viewed collectively, the separate 
proposed phosphate mining-related projects have similarities that 
provide a basis for evaluating their environmental consequences 
together in one comprehensive environmental impact statement. As part 
of the permit review process, the Corps is evaluating the environmental 
effects of these similar actions.
    The primary Federal involvement associated with the Proposed Action 
is the discharge of dredged or fill material into Waters of the United 
States, including jurisdictional wetlands. Issuance of Federal 
authorizations for the Proposed Activities would constitute a ``Major 
Federal Action.'' Based on the continued applications for expanded 
mining in the CFPD, the size of the project area, the CFPD 
characteristics, and the potential environmental impacts, both 
individually and cumulatively, of the Proposed Action, the Corps will 
prepare an Areawide Environmental Impact Statement (AEIS) in compliance 
with the National Environmental Policy Act (NEPA) to render a final 
decision on the permit applications.
    The Corps' decision will be to either issue, issue with 
modifications, or deny Department of the Army permits for the Proposed 
Action. The Draft AEIS (DAEIS) is intended to be sufficient in scope to 
address Federal, State, and local requirements and environmental issues 
concerning the Proposed Action and permit reviews. The U.S. 
Environmental Protection Agency (U.S. EPA) has agreed to be a 
cooperating agency on the study.

DATES: The Corps plans to hold public scoping meetings on March 23 and 
25, 2011 at 6:30 p.m. Eastern Standard Time (EST).

ADDRESSES: The first meeting will be held March 23, 2011 at 6:30 p.m. 
EST at the The Lakeland Center, 701 West Lime Street, Lakeland, FL 
33815, 863-834-8100. The second meeting will be held March 25, 2011 at 
6:30 p.m. EST at the Charlotte Harbor Event Center, 75, Taylor Street, 
Punta Gorda, FL, 33950, 941-833-5444.

FOR FURTHER INFORMATION CONTACT: Questions about the Proposed Action 
and Draft AEIS should be directed to Mr. John Fellows, Corps Regulatory 
Project Manager, by telephone at (813) 769-7067 or by e-mail at 
John.P.Fellows@usace.army.mil. Written comments should be addressed to 
the U.S. Army Corps of Engineers, Attn: Mr. John Fellows, 10117 
Princess Palm Avenue, Suite 120, Tampa, FL 33610-8302 or by facsimile 
at (813) 769-7061.

SUPPLEMENTARY INFORMATION:
    a. Project Background and Authorization. The Corps will study the 
environmental impacts of the Proposed Action within the CFPD. The CFPD 
consists of an area of approximately 1.32 million acres (or +/-2,100 sq 
mi) in Hardee, Hillsborough, Manatee, Polk, and DeSoto counties (an 
area of approximately 1,000 acres within Sarasota County is also 
included in the CFPD). Mining in the CFPD has occurred for over 100 
years.
    The Corps has issued CWA Section 404 permits for phosphate mining 
in the region since 1977, with some existing permits authorizing mining 
through 2028. The Corps has determined as recently as June 2010 that 
the cumulative effects, past, present and reasonably foreseeable, of 
phosphate mining from 1977 to 2028 in the Peace River watershed, part 
of which lies within the CFPD Region, had not reached the significance 
threshold. Based on the continued applications for expanded mining in 
the CFPD and the need for additional information on the cumulative 
effects of past, present, and reasonably foreseeable actions throughout 
the CFPD, the AEIS will consider the potential for significant 
cumulative effects of the proposed phosphate mines and mine expansions 
in the CFPD.
    b. Purpose and Need. The basic purpose of the proposed action is to 
mine phosphate ore. The overall purpose is to mine phosphate ore from 
reserves located within the CFPD. The Corps recognizes that there is a 
public and private need for phosphate.
    c. Prior EAs, EISs. The U.S. EPA issued a final Areawide EIS on the 
Central Florida Phosphate Industry in November 1978.
    d. Alternatives. An evaluation of alternatives to the Applicants' 
preferred alternative initially being considered includes a No Action 
alternative, alternatives that would avoid, minimize, and mitigate 
impacts to the aquatic resources within the CFPD, alternative practices 
or analysis methods for minimizing or evaluating cumulative effects of 
mining, and other reasonable alternatives that will be developed 
through the project scoping process which may also meet the identified 
purpose and need.
    e. Issues. The following issues have been identified for analysis 
in the DAEIS. This list is preliminary and is intended to facilitate 
public comment on the scope of the DAEIS. The DAEIS will consider the 
effects on Federally listed threatened and endangered species, health 
and safety, socioeconomics, aesthetics, general environmental concerns, 
wetlands and other aquatic resources, historic properties, cultural 
resources, fish and wildlife values, land use, transportation, 
recreation, water supply and conservation, water quality, energy needs, 
mineral needs, considerations of property ownership, in general, the 
needs and welfare of the people, and other issues identified through 
scoping, public involvement, and interagency coordination. At the 
present time, the primary areas of environmental concern are the loss 
of wetland functions and value, mitigation of such losses, the effect 
of proposed mining on groundwater and surface water quality, and 
potential cumulative effects. The issues of concern and the methods 
used to evaluate those issues will be defined through the scoping 
process.
    f. Scoping Process. CEQ regulations (40 CFR 1501.7) require an 
early and open process for determining the scope of an EIS and for 
identifying significant issues related to the proposed action. The 
Corps is furnishing this notice to advise other Federal and State 
agencies, affected Federally recognized Tribes, and the public of our 
intentions. This notice announces the initiation of a 45-day scoping 
period which requests the public's involvement in the scoping and 
evaluation process of the DEIS. Stakeholders will be notified through 
advertisements, public notices and other means. All parties who express 
interest will be given an opportunity to participate in this process. 
The process allows the Corps to obtain suggestions and information on 
the scope of issues and an opportunity to provide reasonable 
alternatives to be included in the Draft AEIS. (See DATES and ADDRESSES 
for meeting schedules)
    g. Public Involvement. The Corps invites Federal agencies, American 
Indian Tribal Nations, State and local governments, and other 
interested

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private organizations and parties to attend the public scoping meetings 
and provide comments in order to ensure that all significant issues are 
identified and the full range of issues related to the permit request 
are addressed.
    h. Coordination. The proposed action is being coordinated with a 
number of Federal, State, regional, and local agencies including but 
not limited to the following: U.S. Fish and Wildlife Service, U.S. 
National Marine Fisheries Service, U.S. Environmental Protection 
Agency, U.S. Department of Agriculture, Florida Department of 
Environmental Protection, Southwest Florida Water Management District, 
Florida State Historic Preservation Officer, local counties, and other 
agencies as identified in scoping, public involvement, and agency 
coordination.
    i. Agency Role. The Corps will be the lead agency for the AEIS. The 
U.S. EPA has agreed to be a cooperating agency. The Corps expects to 
receive input and critical information from the U.S. Fish and Wildlife 
Service, United States Geological Service, and other Federal, State, 
and local agencies.
    j. Availability of the Draft AEIS. The Corps currently expects the 
DAEIS to be made available to the public by October 2011. A public 
meeting will be held during the public comment period for the DAEIS. 
Written comments will be accepted at the meeting.

    Dated: February 9, 2011.
Donald W. Kinard,
Chief, Regulatory Division.
[FR Doc. 2011-3738 Filed 2-17-11; 8:45 am]
BILLING CODE 3720-58-P