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SEA Mosaic – Wingate East Mine

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Supplemental Environmental Assessment, Draft Clean Water Act Section 404(b)(1) Guidelines Analysis, and Draft Public Interest Review for Department of the Army (DA) Permit Application SAJ-2009-03221; Mosaic – Wingate East Mine.

TO WHOM IT MAY CONCERN: The Regulatory Division, Jacksonville District, U.S. Army Corps of Engineers (Corps) is circulating this notice to provide the public with a supplemental environmental assessment, draft Clean Water Act (CWA) Section 404(b)(1) Guidelines analysis, and draft public interest review for DA permit application SAJ-2009-03221; Mosaic – Wingate East Mine.

BACKGROUND AND PURPOSE: The Corps issued the original public notice for DA Permit Application 2009-03221 on June 1, 2012. On May 3, 2013, the U.S. Army Corps of Engineers (Corps), U.S. Environmental Protection Agency (EPA), and Florida Department of Environmental Protection (FDEP) published a notice of availability for the Final Areawide Environmental Impact Statement on Phosphate Mining in the Central Florida Phosphate District (Final EIS). The scope of action for the Final EIS includes Department of the Army (DA) Permit Application SAJ-2009-03221. See Final EIS page 1-21 to 1-31. On July 12, 2013, the Corps, EPA, and FDEP published an Addendum to the Final EIS. The Final EIS and the Addendum are available at: http://www.saj.usace.army.mil/Missions/Regulatory/Items-of-Interest/

The Final EIS states, "A draft of the Section 404(b)(1) and public interest review analyses for each project will be made available for public review and comment." See e.g., Final EIS page 5-2. Therefore, the Corps is exercising its discretion pursuant to the CWA (33 U.S.C. § 1344(a)), the National Environmental Policy Act (NEPA) (40 C.F.R. § 1506.6), and its public interest review (33 C.F.R. § 320.4), to provide additional opportunity for public review and comment on the draft CWA Section 404(b)(1) Guidelines analysis and public interest review for DA Permit Application SAJ-2009-03221. Furthermore, pursuant to 40 C.F.R. §§ 1501.3(b) and 1502.9(c)(2), the Corps is also exercising its discretion to prepare an environmental assessment (EA) on DA Permit Application SAJ-2009-03221 in order to assist with the permit decision and further the purposes of NEPA. This draft analysis does not include any of the final determinations required by the CWA Section 404(b)(1) Guidelines or the public interest review as the Corps cannot make such determinations until the conclusion of the permit application review process. Comments made in response to this notice will be considered in making those final determinations. The conclusions of the CWA Section 404(b)(1) analysis and public interest review will be published in the record of decision and statement of findings (RODSOF) for DA Permit Application SAJ-2009-03221. The Corps plans to adopt the Final EIS and this EA in the RODSOF.

Attached to this Public Notice are a copy of the EA/draft 404(b)(1) Guidelines analysis/draft public interest review document and its attachments.

COMMENTS regarding the potential authorization of the work proposed should be submitted in writing to the attention of the District Engineer through the West Branch Mining Team, 10117 Princess Palm Avenue, Suite 120, Tampa, Florida 33610, within 30 days from the date of this notice.

QUESTIONS concerning this application should be directed to the project manager, Mark E. Peterson, in writing at the West Branch Mining Team, 10117 Princess Palm Avenue, Suite 120, Tampa, Florida 33610; by electronic mail at mark.e.peterson@usace.army.mil; by facsimile transmission at (813)769-7061; or, by telephone at (813)769-7065.

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