20230502_ADI_23-01

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ROY COOPER
Governor ? i' - r
ELIZABETH S.BISER
Secretary
Q AM VIOL
DOUGLAS R.ANSEL NORTH CAROLINA
Interim Director Environmental Quality
May 2, 2023
Certified Mail
Return Receipt Requested
7008 1300 0000 1127 1500
Jason Fisher
Albemarle US,Inc.
4250 Congress Street, Suite 900
Charlotte,NC 28209
RE: Kings Mountain Mine-East
Mining Permit No. 23-01
Cleveland County
Broad River Basin
Dear Mr. Fisher:
We have reviewed the modification request your company submitted for the referenced mine site. In order for this
office to complete its review of the referenced project in accordance with N.C.G.S. §74-50 and§74-51 of the Mining
Act of 1971,please provide the additional or revised information in accordance with the following comments:
1. Please complete page 1 of the application. The name of the applicant contact, email,telephone need to
be completed.
2. Please verify the address for receipt of official mail, it does not match what the Department currently
has on file.
3. In section A.2 please list the materials mined for which this permit is issued.
4. In section A.6 please provide an estimated life of the operation in years.
5. Please clarify the name of the applicant. Albemarle U.S. Inc. is not listed on the Secretary of State's
Website.
6. Please verify that Jose Fernando Rodriguez is an officer of the company or provide documentation
showing that they can sign on behalf of the company.
7. Please see the enclosed comments from the US Fish and Wildlife Service (USFWS) and the North
Carolina Wildlife Resources Commission (NCWRC). Please provide a biological
assessment/biological evaluation, and/or a mitigation plan to mitigate potential adverse impacts to
wildlife.
8. Please verify that no fuel tanks, solvents, or other chemical reagents are to be stored on site. If these
any of these items are to be stored onsite, please correct your response to C.12 in the mine permit
application and clearly indicate and label on the mine map the location of these items.
9. Please refer to Section D of the mine permit application and provide a reclamation map that clearly
illustrates the reclamation plan for the entire site. The map should clearly illustrate the post mining use
of the entire site. It should also include all italicized items listed in the application.
D E Q North Carolina Department of Environmental Quality I Division of Energy,Mineral and Land Resources
512 North Salisbury Street 1 1612 Mail Service Center I Raleigh,North Carolina 27699-1612
NORTH CAROLINA -
oaae�emai Environmental Quality /`� 919.707.9200

Certified Mail
Mr. Fisher
Page 2
10. Please provide a response to items D.3, DA, D.5, and D.6 that address the reclamation plan of this
permit.
11. Please complete section G. Land Entry Agreement of the Mine Permit Application.
Please note, this office may request additional information not included in this letter, as the mining application
review progresses. Be advised that our review cannot be completed until all of the items listed above have been
fully addressed.
In order to complete the processing of your application,please forward two (2) copies of the requested information
to my attention at the following address:
Division of Energy,Mineral and Land Resources
Department of Environmental Quality
1612 Mail Service Center
Raleigh,NC 27699-1612
If hand delivering or delivering by shipping company(e.g.,FedEx,UPS),please deliver to our physical address:
Division of Energy,Mineral,and Land Resources
Department of Environmental Quality
512 N. Salisbury Street, 5th Floor
Raleigh,NC 27604
As required by 15A NCAC 5B.0113,you are hereby advised that you have 180 days from the date of your receipt
of this letter to submit all of the requested information. If you are unable to meet this deadline and wish to request
additional time,you must submit information,in writing,to the Director clearly indicating why the deadline cannot
be met and request that an extension of time be granted. If an extension of time is not granted, a decision will be
made to grant or deny the mining permit based upon the information currently in the Department's files at the end
of the 180-day period.
Though the preceding statement cites the maximum time limit for your response,we encourage you to provide the
additional information requested by this letter as soon as possible. Your prompt response will help us to complete
the processing of your application sooner.
Please contact me at(919) 707-9220 if you have any questions.
Sincerely,
Adam Parr
Assistant State Mining Engineer
Enclosures: Comments from USFWS and NCWRC
cc: Mr. Zahid Khan

P�MeNT of ryF FISH&WILDLIFE
United States Department of the Interior q RVICE
o
FISH AND WILDLIFE SERVICE
''gRCH s,,a°� Asheville Field Office
160 Zillicoa Street Suite B
Asheville,North Carolina 28801
April 4, 2023
Mr. Adam Parr
Assistant State Mining Engineer
Division of Energy,Mineral, and Land Resources
1612 Mail Service Center
Raleigh,North Carolina 27699
Subject: Scoping for Kings Mountain East Mine in Kings Mountain, Cleveland County,North Carolina.
Dear Mr. Parr:
On March 31,2023,we received(via email)your information requesting our comments on the subject
project. We have reviewed the information that you presented for this request and the following
comments are provided in accordance with the provisions of section 7 of the Endangered Species Act of
1973, as amended(16 U.S.C. 1531 - 1543) (Act).
Proiect Description
According to the information provided,Albemarle US, Inc. is applying for a mining permit modification
from the NC Division of Energy,Mineral, and Land Resources(DEMLR) associated with development of
15.2 acres of roads and 9.8 acres of drill pads,laydown, and support areas at the Kings Mountain East
Mine in Kings Mountain,Cleveland County,North Carolina.
Federally Listed Species
Under section 7 of the Act, federal agencies must consult with the U.S. Fish and Wildlife Service
(Service)when any action the agency carries out, funds, or authorizes(federal nexus)may affect either a
species listed as threatened or endangered under the Act,or any critical habitat designated for it. It is the
federal action agency's responsibility to make this determination. At this time, it is unclear if the proposed
mine project will have a federal nexus and be subject to section 7 consultation.
If a federal nexus is established,below is a list of species known from Cleveland County that should be
considered in a biological assessment and/or biological evaluation prepared for this project.
Species Status'
Dwarf-flowered heartleaf Hexastylis naniflora T
Tricolored bat Perimyotis subflavus PE
'PE=proposed endangered, and T=threatened.
If there is no federal nexus for the proposed activities,then section 7 consultation is not required.
However, section 9 of the Act(Prohibited Acts) (a)(1)(B) still applies and explicitly states that it is
unlawful for any person—including private and public entities—to"take"individuals of an endangered
species and,by regulation, a threatened species(16 U.S.C. §1533(d).

Fish and Wildlife Resource Recommendations
We offer the following general recommendations for the benefit of fish and wildlife resources:
• Erosion and Sedimentation Control.Construction activities near aquatic resources, streams,
and wetlands have the potential to cause bank destabilization,water pollution, and water quality
degradation if measures to control site runoff are not properly installed and maintained. In order
to effectively reduce erosion and sedimentation impacts,best management practices specific to
the extent and type of construction should be designed and installed prior to land-disturbing
activities and should be maintained throughout construction.Natural fiber matting(coir) should
be used for erosion control as synthetic netting can trap animals and persists in the environment
beyond its intended purpose. Land disturbance should be limited to what can be stabilized
quickly,preferably by the end of the workday. Once construction is complete, disturbed areas
should be revegetated with native riparian grass and tree species as soon as possible. For
maximum benefits to water quality and bank stabilization,riparian areas should be forested;
however, if the areas are maintained in grass,they should not be mowed. The Service can provide
information on potential sources of plant material upon request.
A complete design manual that is consistent with the requirements of the North Carolina
Sedimentation and Pollution Control Act and Administrative Rules, can be found at the following
website: https:lldeq.nc.govlabout/divisions/energy-mineral-land-resources.
• Invasive Exotic Species.We are concerned about the introduction and spread of invasive exotic
species in association with the proposed project. Without active management, including the
revegetation of disturbed areas with native species,project corridors will likely be sources of(and
corridors for)the movement of invasive exotic plant species. Exotic species are a major
contributor to species depletion and extinction, second only to habitat loss. Exotic species are a
factor contributing to the endangered or threatened status of more than 40 percent of the animals
and plants on the Federal List of Endangered and Threatened Wildlife and Plants.' It is
estimated that at least 4,000 exotic plant species and 2,300 exotic animal species are now
established in the United States, costing more than$130 billion a year to control.Z Additionally,
the United States Government has many programs and laws in place to combat invasive species
(see www.invasivespeciesinfo.gov). Specifically, Section 2(a)(3)of Executive Order
13112 -Invasive Species(February 3, 1999)directs federal agencies to"not authorize, fund, or
carry out actions that it believes are likely to cause or promote the introduction or spread of
invasive species in the United States or elsewhere." Despite their short-term erosion control
benefits,many exotic species used in soil stabilization seed mixes are persistent once they are
established,thereby preventing the reestablishment of native vegetation. Many of these exotic
plants3 are also aggressive invaders of nearby natural areas,where they are capable of displacing
established native species. Therefore,we strongly recommend that only species native to the
natural communities within the project area be used in association with all aspects of this project.
'D.S.Wilcove,D.Rothstein,J.Dubow,A.Phillips,and E.Losos. 1998. Quantifying threats to imperiled species in
the United States.BioScience 48:607-615.
ID.Pimentel,L.Lach,R.Zuniga,and D.Morrison.2000. Environmental and economic costs of nonindigenous
species in the United States.BioScience 50:53-65.
3Lists of invasive exotic plants can be found on the Internet at http://www.tneppc.orgl and
http://www.invasive.org/eastern/srs/(exotic wildlife links).
2

The Service appreciates the opportunity to provide these comments. Please contact Ms.Rebekah Reid of
our staff at [e-mail], if you have any questions. In any future correspondence concerning
this project,please reference Log Number 4-2-23-367.
Sincerely,
- -original signed--
Janet Mizzi
Field Supervisor
3

9 North Carolina Wildlife Resources Commission 9
Cameron Ingram, Executive Director
MEMORANDUM
TO: Brenda M. Harris,Mining Program Secretary
Land Quality Section
FROM: Olivia Munzer,Western Piedmont Coordinator J'
Habitat Conservation Division
DATE: 21 April 2023
SUBJECT: Mining Permit Modification for Albemarle,U.S., Inc.,Kings Mountain Mine-East—
Permit No. 23-01, Cleveland County,North Carolina.
Biologists with the North Carolina Wildlife Resources Commission(NCWRC)have reviewed the subject
permit application. Our comments are provided in accordance with provisions of the Mining Act of 1971
(as amended, 1982) (G.S. 74-46 through 74-68 15 NCAC 5).
Albemarle U.S.,Inc. is requesting a modification of its permit for the Kings Mountain Mine—East
located north at 348 Holiday Inn Drive in Kings Mountain, Cleveland County,North Carolina. The
applicant is requesting a permit modification for conducting pre-mining activities such as preparing
drilling rig pads, and associated laydown and access paths. The current boundary encompasses 614.31
acres, and the total affected acreage will increase from 7.50 acres to 22.70 acres.
Kings Creek and unnamed tributaries to Kings Creek in the Broad River basin flow through or adjacent to
the site. The applicant is requesting a 50-foot buffer between disturbed areas and streams and wetlands,
and a 25-foot buffer between disturbed areas and man-made lakes and impoundments with appropriate
erosion and sedimentation measures.
We have records of the federally proposed endangered tricolored bat(Perimyotis subflavus), state special
concern timber rattlesnake(Crotalus horridus) and seagreen darter(Etheostoma thalassinum)near the
site. The U.S. Fish and Wildlife Service also lists the threatened dwarf-flowered heartleaf(Hexastylis
naniflora)and the candidate monarch butterfly(Danaus plexippus)as potentially occurring at the site if
suitable habitat is present. The lack of records from the project area does not imply or confirm the
absence of federal or state protected species; we are unaware of any protected-species surveys having
occurred within or adjacent to the project area. The tricolored bat is known to occur in Cleveland County.
We recommend contacting the U.S. Fish and Wildlife Service(USFWS)at(828)258-3939 to ensure that
any issues related to this species are addressed.
Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh,NC 27699-1721
Telephone: [phone] • Fax: [phone]

Page 2
21 April 2023
Kings Mountain Mine-East
Permit No.23-01
We offer the following recommendations to minimize impacts to aquatic and terrestrial wildlife species.
1. We recommend maintaining a 50-foot undisturbed,native forested buffer around Executive Club
Lake and South Creek Reservoir because they drain to streams.We prefer maintaining a
minimum 100-foot undisturbed,native, forested buffer along perennial streams,particularly
Kings Creek and its unnamed tributaries.We also recommend maintaining a 50-foot undisturbed,
native forested buffer around wetlands and intermittent streams that occur south of I-85.
2. Avoid tree clearing activities during the maternity roosting season for bats(May 15—August 15)
because of the decline in populations of several tree-roosting bat species.
3. We do not recommend seeding with tall fescue,Kobe lespedeza,lespedeza,Bahiagrass, common
Bermuda, and redtop even though NC Department of Environmental Quality has these species on
their seeding specifications. These species are non-native plants and/or invasive. Instead,we
recommend rye,browntop,oats,wheat,and/or clover for temporary seeding,and native grasses
and other plants for permanent vegetative cover. A list of alternatives to non-native species has
been attached. Specifically,this project would be ideal for planting native,wildflower seed mixes
that will create pollinator habitat within the reclaimed areas.
4. The use of biodegradable and wildlife-friendly sediment and erosion control devices is
strongly recommended.Natural fiber matting is recommended over matting made of or
containing plastic that can impinge and entrap small animals. Silt fencing that has been reinforced
with plastic or metal mesh should be avoided as it impedes the movement of terrestrial wildlife
species.
Thank you for the opportunity to comment on this permit application. Further information on native
plants and free technical guidance from the NCWRC,please contact me at(336)269-0074 or
olivia.munzer(kncwildlife.org.
ec: Adam Parr,DEMLR

RECOMMENDED NATIVE ALTERNATIVES FOR NON-NATIVE GRASSES IN
NORTH CAROLINA"
(Species are appropriate for all geographic regions unless otherwise indicated)
NON-NATIVE SPECIES NATIVE SPECIES
Big bluestem Andropogon gerardii
Little bluestem Schizachyrium scoparium
Indiangrass Sorghastrum nutans
Crownvetch Switchgrass Panicum virgatum
Centipede Beaked panicgrass Panicum anceps
Bermuda Purpletop Tridens flavus
Roundheaded bushclover Lespedeza capitata
Deer tongue Dicanthelium clandestinum
Sensitive partridge pea Chamaecrista nictitans
Partridge pea Chamaecrista asciculata
Big bluestem Andropogon gerardii
Little bluestem Schizachyrium scoparium
Indiangrass Sorghastrum nutans
Switchgrass Panicum virgatum
Kentucky bluegrass Beaked panicgrass Panicum anceps
Tall fescue Purpletop Tridens flavus
Sudangrass Broomsedge Andropogon virginicus
Deer tongue Dicanthelium clandestinum
Canadian wildrye Elymus canadensis
Virginia wildrye Elymus virginicus
Sensitive partridge pea Chamaecrista nictitans
Partridge pea Chamaecrista asciculata
Switchgrass Panicum virgatum
Splitbeard bluestem Andropogon ternarius
Sericea lespedeza Beggarlice Desmodium spp.
Kobe lespedeza Deer tongue Dicanthelium clandestinum
Sensitive partridge pea Chamaecrista nictitans
Partridge pea Chamaecrista asciculata

NC Native Plant Recommendations
**A recommended revegetation/stabilization mix would ideally include a combination
of the species listed in this table. In addition, please note that additional consideration
may be needed in areas that are (highly) erodible and/or have sloped terrain. The
following species could be included in all regions for additional stabilization and
wildlife benefit:
Black-eyed susan: Rudbeckia hirta
Plains coreopsis: Coreopsis tinctoria
Lance-leaved coreopsis: Coreopsis lanceolata
Narrow-leaved sunflower: Helianthus angustifolius
Created October 2018