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HomeMy WebLinkAbout20230523_ADI_Received_app SWCA a y,North Sour Drive Suit.120 Cary,Nosh Carolina 27511 WN800ad JN IN I W T.1919.292.2200 www.swca.com.com .kinvirio GNHI ENVIRONMENTAL CONSULTANTS -s Sound Science.Creative Solutions." EZOl E (13A13038 Adam Parr Assistant State Mining Engineer Division of Energy, Mineral and Land Resources Department of Environmental Quality 1612 Mail Service Center Raleigh, NC 27699-1612 Subject: Kings Mountain Mine-West, Mining Permit No. 23-34, Cleveland County, Broad River Basin. 1. Please complete page 1 of the application. The name of the applicant contact, email, telephone need to be completed. Response: A revised application has been prepared and is attached. 2. Please verify the address for receipt of official mail, it does not match what the Department currently has on file. Response: The address listed in the application is the address to be used for receipt of official mail. The Department files should be updated to reflect this address. 3. In section A.2 please list the materials mined for which this permit is issued. Response: Sandspar(tailings sand)will continue to be excavated at the site. 4. In section A.6 please provide an estimated life of the operation in years. Response: An estimate of 10 years for the operation has been provided Section A.6. 5. Please clarify the name of the applicant. Albemarle U.S. Inc. is not listed on the Secretary of State's Website. Response: Albemarle U.S., Inc.is listed on the Secretary of States Website. Secretary of State ID 0652066 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. Response: Mr. Christopher Danauskas, Site Director, is authorized to sign on behalf of the company. A Delegation of Authority is provided as Appendix A. 7. Please seethe 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. Response: Responses to the U.S. Fish and Wildlife Service(USFWS) and the North Carolina Wildlife Resources Commission (NCWRC) comments are provided as Appendix B Page 2 SWCA ENVIRONMENTAL CONSULTANTS N36 Sound Science.Creative Solutions! 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. Response: No fuel tanks, solvents, or other chemical reagents are stored within the permit boundary. Fueling of excavation equipment is done by mobile fuelers from an off-site source. 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. Response: A Reclamation Map(s) has been provided in the plan set. 10. Please provide a response to items D.3, DA, D.5, and D.6 that address the reclamation plan of this permit. Response: Items D.3, DA, D.5, and D.6 have been addressed in the application and Reclamation Map. Details are provided on Revised Attachment A. 11. Please complete section G. Land Entry Agreement of the Mine Permit Application. Response: Section G. Land Entry Agreement of the Mine Permit Application has been completed on the revised application. 12. Please clearly identify and label on the mine map the location of the 48-acre sand tailings extraction area. Response: The 48-acre sand tailings extraction area has been clearly identified on the Mine Map(s). 13. Please provide a response to item B.6. of the mine permit application. Please clarify methods to prevent slope instability of the tailings extraction. Please provide a cross section of this area. Response: The current excavation area maintains slopes at a minimum of 3H:1V and drain internally to the excavation area. See attached Mine Map(s)and Revised Attachment A. Should you have any questions regarding the above or enclosed please do not hesitate to contact me at 352.818.8995 or by email at steve.adams(cDswca.com Sincerely yours � 1 s� �St �u ve Adams Principal Project Manager Cc: John Kuhn Albemarle NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh,NC 27699-1612 Division of Energy,Mineral,and Land Resources (919)707-9220 NOTE:it is recommended that you contact the appropriate Regional Office or the Raleigh Central Office for a PRE- APPLICATION MEETING to discuss your intentions and address any questionsRECEIVED 1. Name of Mine Kings Mountain Mine-West MAY 2 3 iiii3 County Cleveland River Basin Broad LAND QUALITY Latitude(decimal degrees to four MINING PROGRAM places) 35 21'25" Longitude(decimal degrees to four places) 81 20'40" 2. Name of Applicant Albemarle U.S., Inc. Applicant Contact John Kuhn Consultant Contact Steve Adams Applicant Email john.kuhn@albemade.com Consultant Email steve.adams@swca.com Telephone Telephone Cell Phone 704.231.4208 Cell Phone 352.818.8995 3 Permanent Address for Receipt of Official Mail• 348 Holiday Inn Drive Kings Mountain, NC 28086 4. Mine Office Address 348 Holiday Inn Drive Kings Mountain, NC 28086 5. Mine Manager Christopher Danauskas Mine Manager Email christopher.danauskas@albemarle.com Telephone 704.734.2711 Cell Phone 302.563.0074 1 certify that all details contained in this permit application are true and correct to the best of our knowledge.We fully understand that any willful misrepresentation of facts will be cause for permit revocation. Signature"' /_A ��— Date S I a a Print Name - hris�topher"Danauskas Title Site Director 'This will be the name that the mining permit will be issued to and the name that must be indicated on the reclamation bond(security)that corresponds to this site. "The Division of Energy,Mineral,and Land Resources must be notified of any changes in the permanent address or telephone number. "Signature of company officer required. G.S.74-51 provides that the Department shall grant or deny an application for a permit within 60 days of receipt of a complete application or,if a public hearing is held,within 30 days following the hearing and the filing of any supplemental information required by the Department.All questions must be addressed,and all required maps provided before this application can be considered complete.Attach additional sheets as needed. P�vll t,d Srl,i,mn H !I ,1_1 P e c ) It 1 1 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh,NC 27699-1612 Division of Energy,Mineral,and Land Resources (919)707-9220 NOTE:All the following questions must be thoroughly answered regarding your mining operation for the Intended life of the mine.All responses must be clearly conveyed on a corresponding,detailed mine map. A.GENERAL CHARACTERISTICS OF THE MINE 1. Answer all the following that apply: F-1 This is an application for a NEW permit. Indicate the total acreage at the site to be covered by the permit (This is the acreage the new permit fee MI be based upon.) Of this acreage,how much is owned and how much is leased? Acres owned: Acres leased: Property owner if leased: FX� This is an application for a MODIFICATION to a mining permit. Mining Permit Number: 23-34 Total permitted acreage: 157.40 Does the modification involve acreage within the previously approved permitted boundary? ❑^YES NO If yes,indicate the acreage to be covered by this modification 57.50 Does the modification involve acreage outside the previously approved permitted boundary? YES a NO If yes,indicate the additional acreage to be covered by this modification NOTE:You must complete all of Section F of this application form entitled Notification of Adjoining Landowners Of the acreage to be added to the permit,will any portion be affected(i.e.:disturbed,ground cover removed by the mining operation? YES FINO If yes,indicate the acreage to be affected within the acreage to be added to the permit The modification fee is based upon the proposed new affected acreage within the previously approved permitted boundary plus the proposed total acreage to be added outside the previously approved permitted boundary. This is an application for TRANSFER of a mining permit. Mining Permit Number: Total permitted acreage: Revised September 21, 20?1 P a a e 12 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh,NC 27699-1612 Division of Energy,Mineral,and Land Resources (919)707-9220 MINING FEE SCHEDULE A nonrefundable permit application processing fee when filing for a new mining permit,permit modification,or transferred permit is required as follows: APPLICATION TYPE 0—25 ACRES 26+ACRES New Permit Applications $3,750.00 $5,000.00 Permit Modifications $750.00 $1,000.00 Permit Transfers $100.00 $100.00 Annual Operating Fee $400.00 $400.00 Acres for new permits means the total acreage at the site to be covered by the permit.Acres for modification of permits means the new affected acres within the previously approved permitted boundary plus the proposed total acreage to be added outside the previously approved permitted boundary. 2. Name of all materials mined: Sandspar(sand)will continue to be excavated as previously approved under the April 23,2018 modification. 3. Mining Method: Hydraulic Dredge 0 Front-end Loader&Truck Shovel&Truck Dragline&Truck ❑Self-loading Scraper Excavator&Truck Other(please explain): 4. Expected maximum depth of mine(feet) 10 Depth is relative to what benchmark?(e.g.,natural ground level,mean seal level,road elevation,etc.) natural grounnd level Expected average depth of mine(feet) 5 5. Has an area at this site been mined in the past? YES X NOH If yes,when and by whom was this activity conducted?Albemarle U.S., Inc. 6. Estimated life of the operation(years): 10 NOTE:The Department may request clarification on how life of mine was calculated. Revised September 21, 021 Page 3 r NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh,NC 27699-1612 Division of Energy,Mineral,and Land Resources (919)707-9220 B.MAPS 1. Clearly mark and label the location of your mining operation on six(6)copies of a 7.5-minute quadrangle and a county highway map.These maps,in addition to six(6)copies of all mine maps and reclamation maps,must be submitted with each permit application. 7.5-minute quadrangles may be obtained from the N.C.Geological Survey: Mailing Address Physical Address 1612 Mail Service Center 512 N.Salisbury St.,5t'Floor Raleigh,NC 27699-1612 Raleigh,NC 27604 Http://portal.ncdenr.org/web/Ir/geological_home (919)733-2423 County highway maps may be obtained from the N.C.Department of Transportation: Mailing Address Physical Address NCDOT GIS Unit NCDOT GIS Unit 1587 Mail Service Center 3401 Carl Sandburg Court Raleigh,NC 27699-1587 Raleigh,NC 27610 http://www.ncdot.rg/iYgis (919)212-6000 2. A table/chart must be provided on the mine map that clearly lists the approximate acreage of tailings/sediment ponds, stockpiles,waste piles,processing areas/haul roads,mine excavations and any other major aspect of the mining operation that is proposed to be affected/disturbed during the life of the mining permit.A table/chart similar to the following will be acceptable: AFFECTED ACREAGE TABLE: For new permits,complete only the total affected acreage column. For modifications,complete all columns. CATEGORY CURRENT AFFECTED PROPOSED CHANGE TO TOTAL AFFECTED ACREAGE AFFECTED ACREAGE ACREAGE Tailings/Sediment Ponds 0.00 0.00 0.00 Stockpiles 0.00 0.00 0.00 Waste piles 0.00 0.00 0.00 Processing Areas/Haul Roads 3.00 2.00 5.00 Mine Excavations 48.00 0.00 48.00 Other(Please explain) 3.00 1.50 4.50 Total Affected Acreage 54.00 3.50 57.50 Total Permitted Acreage 157.40 157.40 157.40 Re Ised S tember 21 2 i2l1 Page 14 f NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh,NC 27699-1612 Division of Energy,Mineral,and Land Resources (919)707-9220 3. Mine maps must be accurate and appropriately scaled drawings,aerial photographs,or enlarged topographic maps of the entire mine site.All aspects of the mine site must be clearly labeled on the maps along with their corresponding(approximate)acreage.Thus,all mine and reclamation maps must denote those activities that are intended to be conducted during the life of the mining permit.All maps must be of a scale sufficient to clearly illustrate the following,at a minimum: a) Property lines of the tract or tracts of land on which the proposed mining activity is to be located including easements and rights-of-way. b) Existing or proposed permit boundaries with geographic controls(e.g.metes and bounds,coordinates)labeled c) Initial and ultimate limits of clearing and grading d) Outline and width of all buffer zones(both undisturbed and unexcavated) e) Outline and acreage of all pits/excavations f) Outline and acreage of all stockpile areas g) Outline and acreage of all temporary and/or permanent overburden disposal areas h) Location and acreage of all processing plants(may be described as to location and distance from mine if sufficiently far removed) i) Locations and names of all streams,rivers,and lakes j) Outline and acreage of all settling and/or processing wastewater ponds k) Outline and acreage of all planned and existing access roads and on-site haul roads 1) Location of planned and existing on-site buildings m) Location and dimensions of all proposed sediment and erosion control measures n) Location of 100-year floodplain limits and wetland boundaries o) Names of owners of record,both public and private,of all tracts of land that are adjoining the mining permit boundary;if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, names of owners of record of tracts adjoining these tracts that are within 1,000 feet of the mining permit boundary must be provided on the mine map. p) Names of owners of record,both public and private,of all tracts of land that are adjoining the mining permit boundary which lie directly across and are contiguous to any highway,creek,stream,river,or other watercourse, railroad track,or utility or other public right-of-way.If an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract,names of owners of record of tracts adjoining these tracts,that are within 1,000 feet of the mining permit boundary,must be provided on the mine map(s).NOTE:"Highway"means a road that has four lanes of travel or less and is not designated as an Interstate Highway. q) Map legend 1) Applicant name 5) Scale 2) Mine name 6) Symbols used and corresponding names 3) North arrow 7) Date prepared and revised 4) County 8) Name and title of person preparing map Map scales should meet the following guidelines: PERMITTED ACREAGE MAP SCALE 0—49 acres 1"=50' 50—199 acres 1"=100' 200+acres 1"=200' NOTE:Smaller scaled maps may be acceptable if they clearly illustrate the above items. NOTE:In addition to the above,the maps must also Include any site-specific information that is provided in the answers to the following questions(italicized questions/statements)in this application form.This application will not be considered complete without all relevant items being adequately addressed on the mine maps. Revised Septeniber 21., 2021 P a g e ( 5 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh,NC 27699-1612 Division of Energy,Mineral,and Land Resources (919)707-9220 C.PROTECTION OF NATURAL.RESOURCES 1. Describe in detail the sequence of events for the development and operation of the mine and reference the sequence to the mine map(s).Attach additional sheets as needed. This permit modification is a continuance of the modification submitted in 2018 to allow land clearance for conducting pre-mine activities such as preparing drilling rig pads, and associated support area such as laydown and access paths which may result in minor land disturbances. Drill pads are are approximately 40' x 80'. Access paths may be required from within the existing internal road network and would not exceed 30' in width. Laydown areas, as needed, are proposed not to exceed 100' x 100' 2. Describe specific erosion control measures to be installed prior to land disturbing activities and during mining to prevent offsite sedimentation(include specific plans for sediment and erosion control for mine excavation(s),waste piles,access/mine roads,and process areas),and give a detailed sequence of installation and schedule for maintenance of the measures.Locate and label all sediment and erosion control measures on the mine maps)and provide typical cross-sections/construction details of each measure.Engineering designs and calculations are required to justify the adequacy of any proposed measures. Similar to the previous modification(approved April 23, 2018)for drill pads and access roads, appropriate sediment control measures will be implemented based on locations of the proposed drill pad, access road, and support area. Sediment and erosion control measures are as follows: Type A:Adjacent to Wetland or Stream Type B:Tree/brush clearing Type C: Internal Drainage(No connection to State Waters) Details of each type are provided revised Attachment A. 3. A)Will the operation involve wash in the material mined,recycling process water,or other wastewater handling? FIYES X NO If yes,briefly describe all such processes including any chemicals to be used. The excavation operation does not involve the washing of material mines, recycling process water, or other wastewater handing. B)Will the operation involve discharging fresh or wastewater from the mine or plant as a point discharge to the waters of the State? FIYES �NO If yes,briefly describe the nature of the discharge and locate all proposed discharge points(along with their method of stabilization)on the mine map(s). The excavation operation does not involve the discharge of fresh or wastewater from the mine as a point discharge to Waters of the State. Revised September 21, 2021 Page ( 6 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh,NC 27699-1612 Division of Energy,Mineral,and Land Resources (919)707-9220 C)Will any part of the proposed mine excavation(s)extend below the water table? YES FX NO If yes,do you intend to dewater the excavation(s)? FIYES FX NO Estimated withdrawal rate in gallons per day: If yes,what impact,if any,will mine dewatering have on neighboring wells?Locate all existing wells on the mine map(s)that lie within 500 feet of the proposed excavation area.Provide data to support any conclusions or statement made,including any monitoring well data,well construction data,and current water withdrawal rates.Indicate whether the proposed mine locale is served by a public water system or private wells. The excavation operation does not extend below the water table or requires dewatering. D)If you answered yes to any of the above questions,provide evidence that you have applied for or obtained the appropriate water quality permit(s)(i.e.,non-discharge,NPDES,Stormwater,etc.)from the Stormwater Program.In addition,the applicant is required to register water use with the Division of Water Resources,Ground Water Management Branch,if the operation withdraws more than 10,000 gallons per day and needs a capacity use permit from the Division of Water Resources,Ground Water Management Branch,if the operation lies in a capacity use area and withdraws more than 100,000 gallons per day. The excavation operation will not require withdrawal of groundwater. 4. A)Will the operation involve crushing or any other air contaminant emissions? FYES RXNO If yes,indicate evidence that you have applied for or obtained an air quality permit issued by the Division of Air Quality or local governing body. The excavation operation does not involve crushing or any other air contaminant emissions. B)How will dust from stockpiles,haul roads,etc.,be controlled? Dust from internal haul roads will be controlled by wet suppression (watering). Revised September 21, 2021 P a c e ( 7 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh,NC 27699-1612 Division of Energy,Mineral,and Land Resources (919)707-9220 5. A)A buffer will be required between any mining activity and any mining permit boundary or right-of--way.It may be an unexcavated buffer(no excavation,but roadways,berms,and erosion&sedimentation control measures may be installed within it),an undisturbed buffer(no disturbance within the buffer whatsoever),or a combination of the two, depending upon the site conditions.Note that all buffers must be located within the mining permit boundaries. How wide a buffer will be maintained between any mining activity and any mining permit boundary or right-of-way at this site?A minimum buffer of 25 feet is recommended,although a wider buffer may be needed depending on site conditions.Show all buffer locations and widths on the mine map(s). Buffers are shown on the Mine Maps submitted with the application. A minimum 25' buffer between the mine permit boundary and proposed activities will be maintained, except where the mine permit boundary adjoins the Kings Mountain-East(Permit No.23-01) mine permit boundary. A minimum 50' buffer will be maintained from activities and the Former Radioactive Steel Area per the Operating Condition 9.B. of the previous mine permit modification approved April 23, 2018. B)A minimum 50 foot wide undisturbed buffer will be required between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands unless smaller undisturbed buffers can be justified. Depending on site conditions,a buffer wider than 50 feet may be needed. How wide an undisturbed buffer will be maintained between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands at this site?Show all buffer locations and widths on the mine map(s). With the use of appropriate erosion and sediment measures as provided in C.2. above, a 25' buffer is proposed activities adjacent to the man-made lakes and impoundments and a 50' buffer is proposed adjacent to wetlands, waterways, and streams. These buffers, in combination with appropriate erosions and sediment control measures as described in C.2 above, and in Revised Attachment A, will provide adequate protection to wetlands, waterways and streams. 6. A)Describe methods to prevent landslide or slope instability adjacent to adjoining permit boundaries during mining. Minimum 2 horizontal to 1 vertical slopes or flatter for clayey material and minimum 3 horizontal to 1 vertical slopes or flatter for sandy material are generally required unless technical justification can be provided to allow steeper slopes. Previous mining activities ended in the 1990's and no further mining activities were conducted until 2017 when the former sand tailings area excavation was initiated under a permit modification. All previously disturbed areas have stable slopes and are vegetated. The current excavation area maintains slopes at a minimum of 3H:1 V and drain internally to the excavation area. See attached Mine Map and Revised Attachment A. B)Provide a cross-section on the mine map(s)for all fill slopes(berms,waste piles,overburden disposal areas,etc.), clearly indicating the intended side slope gradient,installation of any benches and/or slope drains(with supporting design information)if needed,and the method of final stabilization. See Revised Attachment A. Revised September 21, 2021 Pan e 18 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh,NC 27699-1612 Division of Energy,Mineral,and Land Resources (919)707-9220 C)In excavation(s)of unconsolidated(non-rock)materials,specify the angle of all cut slopes including specifications for benching and sloping.Cross-sections for all cut slopes must be provided on the mine map(s). The current excavation area maintains slopes at a minimum of 3H:1 V and drain internally to the excavation area. See attached Mine Map and Revised Attachment A. D)In hardrock excavations,specify proposed bench widths and heights in feet.Provide cross-sections of the mine excavation clearly noting the angles of the cut slopes,widths of all safety benches and mine benches,and the expected maximum depth of the excavation. There are no hard rock excavation. 7. Describe other methods to be taken during mining to prevent physical hazard to any neighboring dwelling,house, public road,or public,commercial or industrial building from any mine excavation.Locate all such structures on the mine map if they are within 300 feet of any proposed excavation. There are no structures within 300 feet of the proposed excvation area. 8. Describe what kind of barricade will be used to prevent inadvertent public access along any high wall area and when it will be implemented.Vegetated earthen berms,appropriate fencing and adequate boulder barriers may be acceptable high wall barricades.A construction detaiUcross-section and location of each type of barricade to be used must be indicated on the mine map(s). Access to the site is controlled by security personnel. 9. Are acid roducing minerals or soils present? YES FXINO If yes,how will acid water pollution from the excavation,stockpiles,and waste areas be controlled? There are no acid producing soil or minerals associated with the excavation of the former sand tailings area. Revised September 21, 2021 Page 9 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh,NC 27699-1612 Division of Energy,Mineral,and Land Resources (919)707-9220 10. A)Describe specific plans(including a schedule of implementation)for screening the operation from public view such as maintaining or planting trees,bushes or other vegetation,building berms or other measures.Show the location of all visual screening on the mine map(s)and provide cross-sections through all proposed berms or proposed spacing, sizes and species for tree plantings. The permit area is surrounded by vegetated berms and natural wooded areas to obstruct public view. In areas where there may be a potential of public view, temporary screening will be utilized rather than permanent, as the land clearing activities are temporary in nature. B)Could the operation have a significantly adverse effect on the purposes of a publicly owned park,forest,or recreation area?If so,how will such effects(i.e.,noise,visibility,etc.)be mitigated? There are no publicly owned parks, forest or recreation areas that would be impacted by the proposed activities. 11. Will ex losives be used? YES FX NO If yes,specify the types of explosive(s)and describe what precaution(s)will be used to prevent physical hazard to persons or neighboring property from flying rocks or excessive air blasts or ground vibrations.Depending on the mine's location to nearby structures,more detailed technical information may be required on the blasting program(such as a third-party blasting study).Locate the nearest offsite occupied structures)to the proposed excavation(s)on the mine map and indicate its approximate distance to the proposed excavation. No blasting is proposed with this modification. 12. will fuel tanks,solvents,or other chemical reagents be stored on-site? FIYES INO 1^1 If yes,describe these materials,how they will be stored and method of containment in case of spill.Indicate the location(s)of all storage facilities on the mine map(s). No fuel tanks, solvents, or other chemical reagents are stored within the permit boundary. Fueling of excavation equipment is conducted by mobile fuelers. Revised September ?1, 2021 P a cI e 110 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh,NC 27699-1612 Division of Energy,Mineral,and Land Resources (919)707-9220 D.RECLAMATION PLAN 1. Describe your intended plan for the final reclamation and subsequent use of all affected lands and indicate the sequence and general methods to be used in reclaiming this land.This must include the method of reclamation of settling ponds and/or sediment control basins and the method of restoration or establishment of any permanent drainage channels to a condition minimizing erosion,siltation and other pollution. This information must be illustrated on a reclamation map and must correspond directly with the information provided on the mine map(s).In addition, design information,including typical cross-sections,of any permanent channels to be constructed as part of the reclamation plan and the location(s)of all permanent channels must be indicated on the reclamation map. Previous mining activities ended in the 1990's and no further mining activities were conducted until 2017 when the former sand tailings area excavation was initiated under a permit modification. All previously disturbed areas have stable slopes and are vegetated. The current excavation area maintains slopes at a minimum of 3H:1 V and drain internally to the excavation area. At the conclusion of excavation within the former sand tailings area, the area will be seeded and vegetated per Item D.7 below. See attached Reclamation Map and Revised Attachment A. 2. Is an excavated or impounded body of water to be left as part of the reclamation? FXIYES �NO If yes,illustrate the location of the body(s)of water on the reclamation map and provide a scaled cross-sections) through the proposed body(s)of water.The minimum water depth must be at least 4 feet,measured from the normal low water table elevation,unless information is provided to indicate that a shallower water body will be productive and beneficial at this site. Will the body(s)of water be stocked with fish? YES FX]NO If yes,specify species. No fish stocking is proposed for the water bodies. 3. Describe provisions for safety to persons and to adjoining property in all completed excavations in rock including what kind of permanent barricade will be left.Acceptable permanent barricades are appropriate fencing,large boulders placed end-to-end,etc.Construction details and locations of all permanent barricades must be shown on the reclamation map. The permit area is currently surrounded by vegetated berms and forested areas. Revised September 21., 2021 P a g e 111 � 4 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh,NC 27699-1612 Division of Energy,Mineral,and Land Resources (919)707-9220 4. Indicate the method(s)of reclamation of overburden,refuse,spoil banks or other such on-site mine waste areas, including specifications for benching and sloping.Final cross-sections and locations for such areas must be provided on the reclamation map. Previous mining activities ended in the 1990's and no further mining activities were conducted until 2017 when the former sand tailings area excavation was initiated under a permit modification.All previously disturbed areas have stable slopes and are vegetated. The current excavation area maintains slopes at a minimum of 3H:1 V and drain internally to the excavation area.At the conclusion of excavation within the former sand tailings area, the area will be seeded and vegetated per Item D.7 below.See attached Reclamation Map and Revised Attachment A. 5. A)Describe reclamation of processing facilities,stockpile areas,and on-site roadways. There are no process facilities or stockpile areas within the former sand tailings excavation area. Internal dirt road network areas will be seeded and vegetated per Item D.7 below. B)Will any on-site roadways be left as part of the reclamation? YES aNQ If yes,identify such roadways on the reclamation map and provide details on permanent road and ditch line stabilization. The internal road network will be seeded and vegetated per Item D.7 below. 6. Describe the method of control of contaminants and disposal of scrap metal,junk machinery,cables,or other such waste products of mining.(Note definition of refuse in The Mining Act of 1971.) No off-site-generated waste shall be disposed of on the mine site without prior written approval from the NC Department of Environmental Quality,Division of Energy,Mineral,and Land Resources and either the Division of Waste Management(DWM)or local governing body.If a disposal permit has been issued by DWM for the site,a copy of said permit must be attached to this application.All temporary and permanent refuse disposal areas must be clearly delineated on the mine map(s)and reclamation map,along with a list of items to be disposed in said areas. See Revised Attachment A for details. Revise J ")eptember 21, 0-11 P a 12 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh,NC 27699-1612 Division of Energy,Mineral,and Land Resources (919)707-9220 7. Describe your plan for revegetation or other surface treatment of the affected areas.This plan must include recommendations for year-round seeding,including the time of seeding and the amount and type of seed,fertilizer, lime and mulch per acre.The recommendations must include general seeding instructions for both permanent and temporary revegetation.Revegetation utilizing only tree plantings is not acceptable.Recommendations can be sought from: a. Authorized representatives of the local Soil and Water Conservation District; b. Authorized representatives of the NC Forest Service,Department of Agriculture and Consumer Services; c. Authorized county representatives of the North Carolina Cooperative Extension Service,specialists and research faculty with the Colleges of Agriculture and Life Sciences and Forest Resources at North Carolina State University; d. North Carolina licensed landscape architects; e. Private consulting foresters referred by the NC Forest Service,Department of Agriculture and Consumer Services; f. N.C.Erosion and Sedimentation Control Planning and Design Manual; g. N.C.Surface Mining Manual:A Guide for Permitting,Operation and Reclamation; h. Others as may be approved by the Department. Lime Rate of Application(tonslacre): 1 Fertilizer Analysis and Rate of Application(Ibslacre): 8-8-8110-10-10 at 1000lbs/acre Seed type(s)and rate(s)of application included year-round seeding schedule(Ibslacre): NOTE:Include legumes See Revised Exhibit A. SEED TYPES SEEDING DATES SEEDING RATES NC Steep Slope Mix(ERNMX-310) all dates 45 Ibslacre Native Habitat Strip Mine Mix(ERNMX-111) all dates 20 ibs/acre Native Steep Slope Mix w/Annual Rye(ERNMX-181) Feb 15-Aug 15 60 ils/acre Native Steep Slope Mix w/Grain Rye(ERNMX-181-2) Aug 15-Feb 15 75 lbs/acre Mulch Type,Rate of Application(Ibslacre),and Method of Anchoring: Small grain straw 2000 Ibs/acre to be tacked or mechanically tied down Other Vegetative Cover(s)Type(s)and Rate(s)of Application Including Seeding Schedule(Ibslacre,trees/ acre,spacing of trees/shrubs,etc.): Temporary Cover Brown Top Millet Feb 15-Aug 15 10 Ibslacre Annual Rye Grain Aug 15-Feb 15 30 Ibs/acre Revegetation and/or reforestation Ian approved by: Signature tgn�� LWDate 05/15/2023 Print Name S eve Adams Title Principal Project Manager Agency SWCA Revised September 21, 20?1 P ;:i a e 113 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh,NC 27699-1612 Division of Energy,Mineral,and Land Resources (919)707-9220 E.DETERMINATION OF AFFECTED ACREAGE AND BOND The following bond calculation worksheet is to be used to establish an appropriate bond(based upon a range of$500 to$5,000 per affected acre)for each permitted mine site based upon the acreage approved by the Department to be affected during the life of the mining permit.Please insert the approximate acreage,for each aspect of the mining operation,that you intend to affect during the life of this mining permit fin addition,please insert the appropriate reclamation cost/acre for each category from the Schedule of Reclamation Costs provided with this application form)OR you can defer to the Department to calculate your bond for you based upon your maps and standard reclamation costs: CATEGORY AFFECTED RECLAMATION RECLAMATION ACREAGE COSTIACRE COST Tailings/Sediment Ponds Ac. X $ /Ac. = $ 0.00 Stockpiles Ac. X $ /Ac. = $ 0.00 Waste Piles Ac. X $ /Ac. = $ 0.00 Processing Area/Haul Roads Ac. X $ /Ac. = $ 0.00 Mine Excavation Ac. X $ /Ac. = $ 0.00 Other Ac. X $ /Ac. = $ 0.00 TOTAL AFFECTED AC.: 0.00 Ac. TOTAL PERMITTED AC.: Ac. Temporary&Permanent Sedimentation&Erosion Control Measures: Divide the TOTAL AFFECTED AC.above into the following two categories:a)affected acres that drain into proposed/existing excavation and/or b)affected acres that will be graded for positive drainage where measures will be needed to prevent offsite sedimentation and sedimentation to onsite watercourses and wetlands. a) Internal Drainage Ac. b) Positive Drainage Ac. X $1,500.00 = $ 0.00 SUBTOTAL COST:$ 0.00 Inflation Factor: SUBTOTAL COST LIFE OF MINING OPERATION OR LIFE INFLATION COST OF LEASE(YEARS) 0.02 X $ 0.00 X = $ 0.00 Total Reclamation Bond Cost: See Revised Attachment A. ETOTALECLAMATION BOND COST= SUBTOTAL+INFLATION = $0.00 Round down to the nearest$100.00 NOTE:The reclamation bond cannot exceed$1 million per GS 74-54 Revised September 21, 2021 P a e 114 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh,NC 27699-1612 Division of Energy,Mineral,and Land Resources (919)707-9220 SCHEDULE OF RECLAMATION COSTS Based upon range of$500-$5,000 per affected acre COMMODITY CODES: SG Sand and/or Gravel DS Dimension Stone PF Pyrophyllite CL Clay/Shale GS Gemstone FS Feldspar OL Olivine PE Peat Borrow Borrow/fill dirt MI Mica KY Kyanite/SillimanitelAndalusite AU Gold CS Crushed Stone LI Lithium PH Phosphate TI Titanium OT Other TYPE TIS PONDS STOCKPILES WASTE PILES P.AREA/H.R. MINE EXCAVATION SG,GS,Borrow $500/ac.(L) $1800/ac. $2000/ac. $18001ac. $500/ac.(L) 1500(FI) 2000(PD) CS,DS,FS,MI,LI, 500(L) 1800 2000 2000 500(L) PF,OL,KY 1500(FI) 2500(PD) 1000(L) 2500 5000 5400 2440(L) PH 2500(FI) 5040(PD) 1000(L) 2500 5000 5000 2000(L) CL 2500(FI) 3740(PD) 1000(L) 2000(L) PE,AU,TI,OT 2500(FI) 2540 3000 3540 5000(PD) (L)=Reclamation to a lake and revegetating side slopes (FI)=Reclamation by filling in and revegetating (PD)=Reclamation by grading for positive drainage&revegetating AS PER NCAC 15A 5B.00031 IF YOU DISAGREE WITH THE BOND AMOUNT DETERMINED BY THE BOND CALCULATION WORKSHEET,YOU MAY SUBMIT AN ESTIMATE OF RECLAMATION COSTS FROM A THIRD-PARTY CONTRACTOR. SAID ESTIMATE MUST BE PROVIDED WITHIN 30 DAYS TO THE FOLLOWING ADDRESS: Mining Program,1612 Mail Service Center,Raleigh,North Carolina 27699.1612 ALL ESTIMATES MUST INCLUDE THE FOLLOWING,AS A MINIMUM: •FINAL GRADING COSTS PER ACRE •LIME AND FERTILIZER COSTS PER ACRE •YEAR-ROUND SEEDING MIXTURE COSTS PER ACRE(FROM APPROVED REVEGETATION PLAN IN APPLICATIONIPERMIT DOCUMENT) •MULCH AND ANCHORING COSTS PER ACRE •ANY OTHER RECLAMATION COSTS NECESSARY TO COMPLY WITH THE APPROVED RECLAMATION PLAN FOR THE SITE IN QUESTION YOU WILL BE NOTIFIED AS SOON AS POSSIBLE OF THE DIRECTOR'S FINAL BOND DETERMINATION. Revised September 21, 2021 P a a 6 115 t NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh,NC 27699-1612 Division of Energy,Mineral,and Land Resources (919)707-9220 F.NOTIFICATION OF ADJOINING LANDOWNERS The"Notice"form,or a facsimile thereof,attached to this application must be sent certified or registered mail,return receipt requested,to: (1)the chief administrative officer of each county and municipality in which any part of the permitted area is located as indicated on the mine map(s); (2)all owners of record,both public and private,of all tracts of land that are adjoining the mining permit boundary;if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract,all owners of record of tracts adjoining these tracts must be notified(that are within 1,000 feet of the mining permit boundary)as indicated on the mine map(s);and (3)all owners of record,both public and private,of all tracts of land that are adjoining the mining permit boundary which lie directly across and are contiguous to any highway,creek,stream,river,or other watercourse,railroad track, or utility or other public right-of-way.If an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract,all owners of record of tracts adjoining these tracts must be notified(that are within 1,000 feet of the mining permit boundary)as indicated on the mine map(s)."Highway"means a road that has four lanes of travel or less and is not designated as an Interstate Highway. The only exception to the above method of giving notice is if another means of notice is approved in advance by the Director, Division of Energy,Mineral,and Land Resources. A copy of a tax map(or other alternative acceptable to the Department)must be mailed with the completed"Notice"form(the proposed overall permit boundaries and the names and locations of all owners of record of lands adjoining said boundaries must be clearly denoted on the tax map). The"Affidavit of Notification"attached to this application must be completed,notarized and submitted to the Department,with the remainder of the completed application form before the application will be considered complete. NOTES: THIS SECTION MUST BE COMPLETED FOR ALL APPLICATIONS FOR NEW MINING PERMITS AND ALL MODIFICATIONS OF A MINING PERMIT TO ADD LAND TO THE PERMITTED AREA,AS REQUIRED BY NCGS 74-50(b1). SEE THE NEXT TWO PAGES FOR THE"NOTICE"FORM AND THE"AFFIDAVIT OF NOTIFICATION" Revised September 21, 2021 P a a e 116 c NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh,NC 27699-1612 Division of Energy,Mineral,and Land Resources (919)707-9220 NOTICE Pursuant to provisions G.S.74-50(b1)of The Mining Act of 1971,Notice is hereby given that has applied on to the Division of Energy, (Applicant Name) (Date) Mineral,and Land Resources,North Carolina Department of Environmental Quality,1612 Mail Service Center,Raleigh,North Carolina 27699-1612,for(check one): a new surface mining permit, Fla modification of an existing surface mining permit to add land to the permitted area;or Fla modification of an existing surface mining permit to add land to the permitted area with no disturbance in the area proposed. Please note that future modification(s)may be submitted by the applicant to allow disturbance within this area without re-notification of adjoining landowners. The applicant proposes to mine on acres located (Mineral,Ore) (Number) (Number) miles of off/near road (Direction) (Nearest town) (Number,Name) in County. *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S.74-50(b1),the mine operator is required to make a reasonable effort,satisfactory to the Department,to notify all owners of record,both public and private,of all tracts of land that are adjoining the mining permit boundary;if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract,all owners of record of tracts adjoining these tracts must be notified(that are within 1,000 feet of the mining permit boundary).In addition,the mine operator must also notify the chief administrative officer of the county or municipality in which any part of the permitted area is located. Any person may file written comment(s)to the Department at the above address within thirty(30)days of the issuance of this Notice or the filing of the application for a permit,whichever is later. Should the Department determine that a significant public interest exists relative to G.S.74-51,a public hearing will be held within 60 days of the end of the 30-day comment period specified above. A copy of the permit application materials is on file and available for public review during normal business hours at the above listed address as well as at the appropriate regional office.For information regarding the specifics of the proposed mining activity,please contact the applicant at the following telephone number: For information on the mining permit application review process,please contact the Mining Program staff at(919)707-9220. Please note that the Department will consider any relevant written comments/documentation within the provisions of the Mining Act of 1971 throughout the application review process until a final decision is made on the application. Addressee/Owner of Record's Name and Address Name of Applicant Include Contact Person&Company Name,if Applicable Date of Issuance of this Notice/Mailed to Addressee/Owner of Record Address of Applicant Revised Septeniber 21, 2021 P a g e 117 � o NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh,NC 27699-1612 Division of Energy,Mineral,and Land Resources (919)707-9220 AFFIDAVIT OF NOTIFICATION an applicant,or an agent,or employee of an applicant,for a new Mining Permit,or a modification of an existing Mining Permit to add land to the permitted area,from the N.C.Department of Environmental Quality,being first duly sworn,do hereby attest that the following are all known owners of record,both public and private,of all tracts of land that are adjoining the mining permit boundary(including,where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract,all owners of record of tracts adjoining these tracts,that are within 1,000 feet of the mining permit boundary)and that notice of the pending application has been caused to be mailed,by certified or registered mail,return receipt requested,to said owners of record at their addresses shown below,such notice being given on a form provided by the Department: Adjoining Landowner Name Address Attach additional list if necessary. I do also attest that the following individual is the chief administrative officer of the county or municipality in which any part of the permitted area is located and that notice of the pending application has been caused to be mailed,by certified or registered mail, return receipt requested,to said office at the following address: Chief Administrative Officer Name Address (i.e.:City Manager,County Manager,Mayor,etc.) The above attestation was made by me while under oath to provide proof satisfactory to the Department that a reasonable effort has been made to notify all known owners of record,both public and private,of all tracts of land that are adjoining the mining permit boundary(including,where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract,all owners of record of tracts adjoining these tracts,that are within 1,000 feet of the mining permit boundary)and the chief administrative officer of the county or municipality in which any part of the permitted area is located in compliance with N.C.G.S. 74-50(b1)and 15A NCAC 5B.0004(d).I understand that it is the responsibility of the applicant to retain the receipts of mailing showing that the above notices were caused to be mailed and to provide them to the Department upon request. Signature of Applicant or Agent Date If person executing Affidavit is an agent or employee of an applicant,provide the following information: Name of Applicant Title of person executing Affidavit a Notary Public of the County of State of North Carolina,do hereby certify that appeared before me this day and under oath acknowledged that the above Affidavit was made by him/her. Witness my hand and notarial seal,this day of 20 Notary: My commission expires: Revised September 21, 2021 P a 0, e IS NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh,NC27699-1612 Division of Energy,Mineral,and Land Resources (919)707-9220 G.LAND ENTRY AGREEMENT We hereby grant to the Department or its appointed representatives the right of entry and travel upon our lands or operation during regular business hours for the purpose of making necessary field inspections or investigations as may be reasonably required in the administration of the Mining Act of 1971 pursuant to G.S.74-56. We further grant to the Department or its appointed representatives the right to make whatever entries on the land as may be reasonably necessary and to take whatever actions as may be reasonably necessary in order to carry out reclamation which the operator has failed to complete in the event a band forfeiture is ordered pursuant to G.S.74-59. LANDOWNER: APPLICANT: /J Signature n Signature" //�jt • _G=--�� � Print Name ChristopherDanauskaS Print Name Christopher Danauskas Title(if applicable) Site Director Title Site Director Company(if applicable) Albemarle U.S., Inc Company Albemarle U.S., Inc Address 348 Holiday Inn Drive Mine Name Kings Mountain Mine-West Kings Mountain, NC 28086 Telephone 704.734.2711 Telephone 704.734.2711 Date Signed S�I 0 I23 Date Signed S I)W a-3 'Signature must be the same as the individual who signed Page 1 of this application. One original and five(5)copies of the completed application,six(6)copies of all location maps,mine maps and reclamation maps,and the appropriate processing fee in the form a check or money order payable to the North Carolina Department of Environmental Quality must be sent to the Raleigh Central Office at the address listed on the front cover of this application form. Inquiries regarding the status of the review of this application should be directed to the Mining Program staff at(919)707-9220, Revised September 21, 2021 P %i ri e 119 RECEIVED REVISED ATTACHMENT A NAY 2 3 EJ Kings Mountain Mine-West Permit Number 23-34 LAND QUALITY Additional Information MINING PROGRAM MODIFICATION HISTORY • February 4, 2013: Corporate name change from Chemetall Foote Corporation to Rockwood Lithium, Inc • July 25, 2017., Increased affected acreage to 50.0 acres for excavating sand from 48-acre sand tailings area and 2.0 acres for exploratory drilling activities, including 1.0 acre for access roads and 1.0 acre for drill pads and laydown and support areas. All disturbed areas to be protected with appropriate erosion and sediment control devices. • December 1, 2017. Permit issued for life of the site. • April 23, 2018: Increased affected acreage to 54.0 acres for continued excavation of sand from 48-acre sand tailings area and an additional 4.0 acres for Phase 2 exploratory drilling activities, including 2.0 acres for access roads and 2.0 acres for drill pads and laydown and support areas. All disturbed areas to be protected with appropriate erosion and sediment control devices. PROPOSED MODIFICATION The proposed modification will increase the affected acreage to 57.5 acres. The permitted area will remain at 157.4 acres. The affected area would include continuation of excavation of sand from the 48-acre sand tailings area and an additional 3.50 acres for clearing of drill pads, access paths, laydown yards,and similar activities conducted during Calendar Year 2022 and proposed activities to be conducted in Calendar Year 2023. 2022 Activities This application includes approximately 2.00 acres of disturbance for the 2022 drilling activity including 1.00 acre for access paths(roads)and 1.00 acre for drill pads and laydown and support areas.All 2022 activities were protected with appropriate erosion and sediment control devices.The 2022 activities are identified on the attached Mine Map(s). 2023 Activities Activities to be conducted in Calendar Year 2023 are identified on the attached Mine Map(s). Locations identified are tentative. Specific locations may vary based on site conditions such as slope and heavy vegetative cover. Approximately 2.00 acres are proposed to be affected for the 2023 activities including 1.00 acre for access paths(roads)and 0.50 acre for drill pads and laydown and support areas.All disturbed areas will be protected with appropriate erosion and sediment control devices. The total requested affected acreage, including 2022 and 2023 activities, is 3.50 acres (2.00 acres for access paths (roads) and 1.50 acres for drill pads, laydown, and support areas. The Annual Mine Reports will provide an accounting of actual affected acreage for the 2022 and 2023 activities and will identify location and affected acreage of the clearing conducted for access paths(roads) and drill pads and laydown and support areas. A. GENERAL CHARACTERISTICS OF THE MINE 2. Name of all materials mined Sandspar(sand tailings)will continue to be mined as approved in the July 25, 2017 and April 23, 2018 modifications. 3. Mining Method: Other: Excavation of sand tailings from the 48-acre sand tailings area will continue as approved in the July 25, 2017, and April 23, 2018, modifications. A front end-loader will be utilized to excavate tailings and load them onto trucks for shipment off site. During excavation, slopes will be maintained a minimum of 31­1:1V during excavation. Drainage will be internally. Additional activities, to be included under this modification include the 2022 activities that were carried out in the same manner as activities approved in the July 25, 2017, and April 23, 2018, modifications. The proposed 2023 activities will include both resource and geotechnical drill pad preparation,access paths(roads),as needed,to drill locations,and associated support areas such as laydown yards.Area cleared for drill pads will be approximately 40'X 80'.Access paths(roads) to drill pad locations may be required from within the existing internal road network and will not exceed 30' in width. Laydown and other support areas, as needed, are proposed not to exceed 100,X 1001 . Resource/exploratory drilling will use water recirculation. A sump will be constructed on the drill pad for capture and treatment of water. The typical sump will be 4'x 4' and 3.5' deep and will act as a settling pond. Water from the drilling activities will discharge to the sump and be recirculated. Overflow from the sump (clear water)will discharge across the drill pad and be controlled by the erosion control measures specified for the location to ensure that no sediment containing water will reach waters of the State. Typical plan view and cross-section are provided on the attached Mine Maps(s). C. PROTECTION OF NATURAL RESOURCES 2. Describe the specific erosion control measures to be installed prior to land disturbing activities and during mining to prevent offsite sedimentation (include specific plans for sediment and erosion control for mine excavation(s), waste piles, access/mine roads, and process areas), and give a detailed sequence of installation and schedule for maintenance of the measures. Locate and label all sediment and erosion control measures on the mine map(s) and provide typical cross-sections/construction details of each measure. Engineering designs and calculations are required to justify the adequacy of any proposed measures: Similar to previous drilling activities modifications (July 25, 2017, and April 23, 2018, modifications), appropriate erosion and sediment control measures will be implemented based on the location of the drill pad, access path (road) and support areas. Erosion and sediment control measures are as follows: Type A: Adjacent to Wetland or Stream: For those disturbance areas adjacent to wetlands or streams, a combination of silt fence and straw wattles or hay bales will be installed on the downstream side of the disturbed area to prevent sediment from entering wetlands or streams.On sloped areas, a combination of silt fence and straw wattles or hay bales may also be installed on the upstream side to allow run off to bypass(go around)the disturbed area. Type B: Not Adjacent to Wetland or Streams: For those disturbance areas located in an area that is distant from waters of the State, but where slopes and topography could cause runoff in the direction of water of the State. Straw wattles or hay bales will be installed on the down slope side of the disturbed areas to prevent erosion and sedimentation across the landscape. On significantly sloped areas, erosion and sediment control measures may also be installed on the upslope side of the disturbed areas to attenuate runoff from upslope areas from entering the area of disturbance. Type C: Internal Drainage: These disturbed areas are not connected to State waters and drain to existing internal features such as the mine pit. No erosions or sediment control devices are proposed for these areas. Typical details of these Types are provided on the attached Mine Map(s). The sand tailings excavation area drains internally and there is no off-site discharge to Waters of the State. Cross-sections of the excavation area is provided on the Mine Map(s). S. B) A minimum 50-foot-wide undisturbed buffer will be required between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands unless smaller undisturbed buffers can be justified.Depending on site conditions, a buffer wider than 50 feet may be needed. How wide an undisturbed buffer will be maintained between any land disturbing activities with the mining permit boundaries and any natural watercourses and wetlands at the site? i r Show all buffer locations and widths on the mine map(s): A 50-foot buffer is proposed between disturbed areas and natural watercourses and wetlands and is shown on the Mine Map(s). A 25- foot buffer is proposed between disturbed areas and man-made lakes and impoundments as these areas are primarily internal drainage with no discharge to waters of the State. 6.A) Describe methods to prevent landslide or slope instability adjacent to adjoining permit boundaries during mining. Minimum 2 horizontal to 1 vertical slopes or flatter for clayey material and minimum 3 horizontal to 1 vertical slopes or flatter for sandy material are generally required unless technical justification can be provided to allow steeper slopes. During excavation of the sand tailings, slopes will be maintained at a minimum of 3H:1V or flatter to maintain slope stability during excavation. 6. B)Provide a cross-section on the mine map(s)for all fill slopes(berms, waste piles, overburden disposal areas, etc.), clearly indicating the intended side slope gradient, installation of any benches and/or slope drains(with supporting design information)if needed,and the method of final stabilization. Cross-sections of the excavation area is provided on the Mine Map(s). 6.C)In excavation(s)of unconsolidated (non-rock) materials,specify the angle of all cut slopes including specifications for benching and sloping. Cross-sections for all cut slopes must be provided on the mine map(s). Excavation will be a maximum 10 ft in depth with an average depth of 5 ft. Slopes will be maintained at 3H:1V or flatter during excavation. Cross- sections are provided on the Mine Map(s). D. RECLAMATION PLAN 1. Describe your intended plan for the final reclamation and subsequent use of all affected lands and indicate the sequence and general methods to be used in reclaiming this land. This must include the method of reclamation of settling ponds and/or sediment control basins and the method of restoration or establishment of any permanent drainage channels to a condition minimizing erosion,siltation and other pollution. This information must be illustrated on a reclamation map and must correspond directly with the information provided on the mine map(s).In addition, design information,including typical cross-sections, of any permanent channels to be constructed as part of the reclamation plan and the location(s)of all permanent channels must be indicated on the reclamation map. Previous mining activities ended in the 1990's and no further mining activities were conducted until 2017 when the former sand tailings area excavation was initiated under a permit modification.All previously mined areas have revegetated into forested uplands and herbaceous uplands through natural recruitment. Internal dirt roadways will be revegetated with the following seed mix: Seeding Seeding Seed Mix Type Dates Rates NC Steep Slope Mix(ERNMX-310) all dates 45 Ibs/acre Native Habitat Strip Mine Mix(ERNMX-111) all dates 20 Ibs/acre Native Steep Slope w annual rye(ERNMX- Feb 15-Aug 181) 15 60lbs/acre Native Steep Slope w grain rye(ERNMX-181- Aug 15-Feb 2) 16 75 Ibs/acre Slopes in the excavation area will be stabilized at a minimum of 3H:1 V or flatter and seeded with native species as indicated above. Cross-sections are provided on the Reclamation Map(s). 3. Describe provisions for safety to persons and to adjoining property in all completed excavations in rock including what kind of permanent barricade will be left.Acceptable permanent barricades are appropriate fencing, large boulders placed end-to-end,etc. Construction details and locations of all permanent barricades must be shown on the reclamation map. Currently the permit area is surrounded by vegetative berms and adjacent to the East Mine permit boundary. No High are present.The reclamation plan includes installing a chain-link security fence around the perimeter of the permit boundary except where the permit boundary adjoins the west mine permit boundary.The location of the security fence is provided on the Reclamation Map(s). Impoundments that remain from previous mining activities are gradually sloped (3H:1 V or greater)with vegetated wetland fringes. For those areas deeper than 10 ft., permanent access points will be provided.These are shown on the Reclamation Map(s). 4. Indicate the method(s)of reclamation of overburden, refuse,spoil banks or other such on-site mine waste areas, including specifications for benching and sloping. Final crosssections and locations for such areas must be provided on the reclamation map. Mining on the project site was halted in the 1990's and with excavation of sane tailings initiated in 2017.Overburden, refuse, spoil banks, and other waste areas slopes are stable.These areas are also heavily vegetated as either forested uplands or herbaceous uplands by natural recruitment. The forested upland community is a mix of deciduous and evergreen forest species including American sweetgum(Liquidambar styraciflua), loblolly pine(Pinus taeda),tulip tree(Liriodendron tulipifera), American beech (Fagus grandifolia), black cherry(Prunus serotina), red maple(Acer rubrum),white oak(Quercus alba), red oak(Quercus rubra), mockernut hickory (Carya tomentosa), and chestnut oak(Quercus montana). Understory species commonly observed in the forested areas are flowering dogwood(Corpus florida), greenbrier(Smilax spp.), blackberry (Rubus spp.), spicebush (Lindera benzoin), and various successional hardwoods (oaks, hickories, sweetgum, maples). The herbaceous upland community consist of non-wetland areas dominated by non-woody vegetation. Dominant herbaceous species include broom-sedge(Andropogon virginicus),wild garlic/onion(Album spp.), Kentucky bluegrass(Poa pratensis), goldenrod (Solidago spp.), clover(Trifolium spp.), hemp dogbane(Apocynum cannabinum),Japanese honeysuckle (Lonicera japonica), American burnweed (Erechtites hieraciifolia),wild strawberry (Fragaria virginiana), and southern crabgrass(Digitaria ciliaris). Cross-sections for the reclaimed excavation area are provided on the Reclamation Map(s). 5.A) Describe reclamation of processing facilities,stockpile areas,and on-site roadways. Onsite dirt roadways will be vegetated with native seed material including: Seeding Seeding Seed Mix Type Dates Rates NC Steep Slope Mix(ERNMX-310) all dates 45 Ibs/acre Native Habitat Strip Mine Mix(ERNMX-111) all dates 20 Ibs/acre f Feb 15-Aug Native Steep Slope w annual rye(ERNMX-181) 15 60lbs/acre Native Steep Slope w grain rye(ERNMX-181- Aug 15-Feb 2) 16 75 Ibs/acre 6.Describe the method of control of contaminants and disposal of scrap metal,junk machinery,cables,or other such waste products of mining.(Note definition of refuse in The Mining Act of 1971.) No off-site generated waste shall be disposed of on the mine site without prior written approval from the NC Department of Environmental Quality, Division of Energy, Mineral,and Land Resources and either the Division of Waste Management (DWM)or local governing body.If a disposal permit has been issued by DWM for the site, a copy of said permit must be attached to this application.All temporary and permanent refuse disposal areas must be clearly delineated on the mine map(s)and reclamation map, along with a list of items to be disposed in said areas. A former radioactive steel disposal area is located on the permit area and identified on the Mine Map(s)and Reclamation Maps(s).This area was subject to Operating Conditions 9.13. of the previous mine permit modification dated April 23,2023. DETERMINATION OF AFFECTED ACREAGE AND BOND Total Reclamation Bond Cost: In lieu of calculation of a specific bond amount as based on disturbance,Albemarle has elected to voluntarily provide a bond in the amount of$1,000,000(the maximum bond amount that could be assessed) to cover reclamation costs associated with the West Mine (Permit 23-24) and the East Mine (Permit 23-01). Modifications proposed for the East Mine will be addressed under a separate modification request. A copy of the bond is provided as Exhibit 1. EXHIBIT 1 SURETY RIDER To be attached to and form a part of Bond No. 9250503 dated May 26,2017 effective (MONTH-DAY-YEAR) executed by Albemarle U.S.Inc. ,as Principal, (PRINCIPAL) and by Fidelity and Deposit Company of Maryland ,as Surety, in favor Of State of North Carolina (OBLIGEE) in consideration of the mutual agreements herein contained the Principal and the Surety hereby consent to changing The Bond Amount from: One Hundred Seventy-one Thousand Nine Hundred&00/100($171,900.00) To: One Million&00/100($1,000,000.00) Nothing herein contained shall vary,alter or extend any provision or condition of this bond except as herein expressly stated. This rider December 14,2022 j is effective (MONTH-DAY-YEAR) Signed and Sealed December 14,2022 IMONTH-DAY-YEAR) Albemarle U.S.Inc. I INCI By. ��� (PRINCIPAL) Fidelity and Deposit Company of Maryland (SURrfWIVA ? 'tea 0��01� ye 4S u By. i T m� Sa h ajor,Atlomey-in-Fact 4 tM j 0 I &04431GEEF 10199 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY pLL MEN BY THESE PRESENTS:Than the ZUR1C11 AMERICAN MSURANCE COMPANY,a corporation ofthe State of New th COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois,and the FIDELITY 11'e pDEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by bertD.Murray,Vice President,in pursuance of authority granted by Article V,Section 8,of the By-Laws of said Companies,which etforth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, tland appoint Sarah Major its true and lawful nt and Attorney-in-Fact,to make,execute,seal and deliver,for,and on its behalf as surety,and as its act and deed: any and all bonds an undertakings,and the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Companies, as fully and amply,to all in and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the ra' ZURICH AMERICAN INSURANCE COMPANY at its office in New York,New York.,the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland.,and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF,the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this I I th day of July,A.D.2019. OMP ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY �j FIDELITY AND DEPOSIT COMPANY OF MARYLAND —v By: Robert D.Murray Vice President By Dawn E.Brown Secretary State of Maryland County of Baltimore On this I Ith day of July, A.D.2019, before the subsrnber,a Notary Public of the State of Maryland,duly commissioned and qualified,Robert D. Murray,Vice President and Dawn E.Brown,Secretary of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly swom,deposeth and saith,that hershe is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duty affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hernnto set my hand and affixed my Official Seal the day and year first above written. ov . �� Dunn,Non }t'S rpu:a„s�° Constance A.Du Notary Public 4 .,<„�,�., My Commission Expires:July 9,2023 EXTRACT FROM BY-LAWS OF THE COMPANIES ale V.Section 8,Attorneys-in-Fact The Chief Executive Officer,the President,or any Executive Vice President or Vice President written instrument under the attested corporate scat, appoint attomcys-in-fact with authority to execute bonds, policies, ;¢ances,stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such ���y-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that Article V,Section 8,of the By-Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seat of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994,and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the I0th day of May,1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-Prosident,Secretary,or Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF,I have hereunto subscribed my time and affixed the corporate seals of the said Companies, thus' 14th day of December 2022 a.- j`�t*aw�ti se Brian M.Hodges,Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND,PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND,THE BOND NUMBER,AND YOUR CONTACT INFORMATION TO: f Zurich Surety Claims 1299 Zurich Way Schaumburg,IL 60196-1056 www.reportsfclaims(azurichna.com 800-626-4577 APPENDIX A RECEIVED A ALBEMARLE® MAY 2 3 2323 Albemarle Corporation J.Kent Masters LAND QUALITY 4250 Congress Street,Suite 900 Chief Executive WgIG PROGRAM Charlotte,North Carolina 28209-4865 Kent.Masters@albemarle.com February 16, 2023 Delegation of Authority for Reports to be Filed ByAlbemarleU.S.Inc.-KinesMountain.North Carolina Effective immediately, I,Kent Masters, Chief Executive Officer and Chairman of the Board of Albemarle Corporation, hereby delegate to Mr. Christopher Dnuauskus the authority to sign any and all reports and/or documents which are required to be or may be filed on behalf of Albemarle U.S., Inc.'s plant located in Kings Mountain, North Carolina under permits or licenses issued by: Department of the Treasury, Alcohol and Tobacco Tax and Trade Bureau North Carolina Department of Environment and Conservation U.S.Department of Homeland Security U.S.Department of Transportation U.S.Environmental Protection Agency U.S. Fish and Wildlife Service U.S.Drug Enforcement Administration Mr.Danauskas is the Site Director of Albemarle U.S.,Inc.'s Kings Mountain Plant and is responsible for the entire operation of the facility. This Delegation of Authority shall remain in effect for the duration of the permits referenced above unless earlier revoked. Any such revocation will be by written notification from the undersigned. J. Kent Masters ALBEMARLE CORPORATION Chief Executive Officer cc: Christopher Danauskas Andrew Waaso j David Lima i