20230616_Modification_23-34

ROY COOPER
Governor
ELIZABETH S. BISER a"0 0
Secretary .� wa`'
DOUGLAS R.ANSEL NORTH CAROLINA
Interim Director Environmental Quality
June 16,2023
John Kuhn
Albemarle US, Inc.
348 Holiday Inn Drive
Kings Mountain,NC 28086
RE: Kings Mountain Mine- West
Mining Permit No. 23-34
Cleveland County
Broad River Basin
Dear Mr. Kuhn:
Your recent request to have the above referenced mining permit modified has been approved. The modification is
to increase the affected acreage at this site to 59.0 acres as indicated in the application, on the map received May
31,2023 and additional information received on March 24,2023 and May 23,2023. The modification includes the
includes 2022 and 2023 exploratory drilling activities at the site, including the installation and maintenance of all
associated erosion and sediment control measures. A copy of the modified permit is enclosed.
The conditions in the modified permit were based primarily upon the initial application. Modifications were made
as indicated by the modification request and as required to ensure compliance with The Mining Act of 1971. The
mine name and permit number shall remain the same as before the modification. I would like to draw your particular
attention to the following conditions where minor additions or changes were made: IIIAY, III.5, III.6, III.9, IV,VI.
The issuance of a mining permit and/or any modification to it does not supersede local zoning regulations. The
responsibility of compliance with any applicable zoning regulations Iieswitfi yod.
As a reminder,your permitted acreage at this site is 157.40 acres and the amount of land you are approved to disturb
is 59.0 acres.
Please contact me at(919)707-9220 if you have any questions.
Since
David Miller, PE
State Mining Engineer
DM/ap
Enclosures
cc: Mr. Zahid Khan
9�r North Carolina Department of Environmental Quality I Division of Energy.Mineral and Land Resources
512 North Salisbury Street 11612 Mail Service Center I Raleigh,North Carolina 27699-1612
N 919.707.9200

DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY,MINERAL,AND LAND RESOURCES
LAND QUALITY SECTION
PERMIT
For the operation of a mining activity
In accordance with the provisions of N.C.G.S. §74-46 through 68,"The
Mining Act of 1971,"Mining Permit Rule 15A NCAC 0513,and other
applicable laws,rules,and regulations
Permission is hereby granted to:
Albemarle US, Inc.
Kings Mountain Mine- West
Cleveland County-Permit No.23-34
for the operation of a
Industrial Minerals Mine
Which shall provide that the usefulness,productivity and scenic values of
all lands and waters affected by this mining operation will receive the
greatest practical degree of protection and restoration.

Page 2
In accordance with the application for this mining permit, which is hereby approved by the Department of
Environmental Quality,hereinafter referred to as the Department,and in conformity with the approved Reclamation
Plan attached to and incorporated as part of this permit, provisions must be made for the protection of the
surrounding environment and for reclamation of the land and water affected by the permitted mining operation.
This permit is expressly conditioned upon compliance with all the requirements of the approved Reclamation Plan.
However,completed performance of the approved Reclamation Plan is a separable obligation,secured by the bond
or other security on file with the Department,and may survive the revocation or suspension of this permit.
This permit is not transferable by the permittee with the following exception: If another operator succeeds to the
interest of the permittee in the permitted mining operation, by virtue of a sale, lease, assignment or otherwise,the
Department may release the permittee from the duties imposed upon him by the conditions of his permit and by the
Mining Act with reference to the permitted operation, and transfer the permit to the successor operator, provided
that both operators have complied with the requirements of the Mining Act and that the successor operator agrees
to assume the duties of the permittee with reference to reclamation of the affected land and posts a suitable bond or
other security.
In the event that the Department determines that the permittee or permittee's successor is not complying with the
Reclamation Plan or other terms and conditions of this permit or is failing to achieve the purposes and requirements
of the Mining Act,the Department may give the operator written notice of its intent to modify, revoke or suspend
the permit,or its intent to modify the Reclamation Plan as incorporated in the permit. The operator shall have right
to a hearing at a designated time and place on any proposed modification, revocation, or suspension by the
Department. Alternatively,and in addition to the above,the Department may institute other enforcement procedures
authorized by law.
I. Definitions. N.C.G.S. §74-49.
Wherever used or referred to in this permit, unless the context clearly indicates otherwise,terms shall have
the same meaning as supplied by the Mining Act,N.C.G.S. §74-49.
II. Modifications. N.C.G.S. 74-52.
February 4.2013: The corporate name on this permit has been changed from Chemetall Foote Corporation
to Rockwood Lithium, Inc.
July 25, 2017: This permit has been modified to increase the affected acreage at this site to 50.0 acres as
indicated on the Updated Mine Map sealed by Mr. David W. Wasiela on May 5,2017. The modification
includes excavating sand tailings from the existing 48-acre sand tailings area and allows exploratory drilling
activities, including the installation and maintenance of all associated erosion and sedimentation control
measures,as defined on the Updated Mine Map. All areas affected by exploratory drilling activities must
be seeded and mulched within 15 days following completion of such activities. In addition,the corporate
name has been changed from Rockwood Lithium, Inc.to Albemarle US,Inc.
December 1.2017: This permit has been issued for the life of site or the duration of the lease term.
April 23,2018: This permit has been modified to increase the affected acreage at this site to 54.0 acres as
indicated on the Phase 2 Exploratory Drilling West Mine Land Disturbance Map dated February 2018. The
modification includes Phase 2 exploratory drilling activities at the site, including the installation and
maintenance of all associated erosion and sedimentation control measures. All areas affected by
exploratory drilling activities must be seeded and mulched within 15 days following completion of such
activities.

Page 3
June 16,2023: This permit has been modified to increase the affected acreage at this site to 59.0 acres as
indicated in the application,on the 2022-2023 Activities Program Map Received May 31,2023,and in the
supplemental information received March 24, 2023, and May 23, 2023. The modification includes 2022
and 2023 exploratory drilling activities at the site, including the installation and maintenance of all
associated erosion and sediment control measures. All areas affected by exploratory drilling activities must
be seeded and mulched as specified on sheet 3.0 of the 2022-2023 Activities Program Map Received May
311)2023,after completion of such activities.
This permit is valid for the life of the site or life of lease, if applicable, as defined by Session Law 2017-
209 and has no expiration date. However, all provisions of N.C.G.S. §74-51 and N.C.G.S. §74-52 still
apply for new,transferred,and modified mining permits.
III. Operating Conditions. N.C.G.S.
This Permit shall be subject to the provisions of the Mining Act, N.C.G.S. §74-46, et. seq., and to the
following conditions and limitations:
1. Wastewater and Quarry Dewaterina.
A. Any wastewater processing or mine dewatering shall be in accordance with the permitting
requirements and rules promulgated by the N.C.Environmental Management Commission.
B. Any stormwater runoff from the affected areas at the site shall be in accordance with any
applicable permit requirements and regulations promulgated by the Environmental
Protection Agency and enforced by the N.C. Environmental Management Commission. It
shall be the permittee's responsibility to contact the Stormwater Program to secure any
necessary stormwater permits or other approval documents.
2. Air_Quality and Dust Control.
A. Any mining process producing air contamination emissions shall be subject to the
permitting requirements and rules promulgated by the N.C. Environmental Management
Commission and enforced by the Division of Air Quality.
B. During mining operations, water trucks or other means that may be necessary shall be
utilized to prevent dust from leaving the permitted area.
3. Buffer Zones.
A. Any mining activity affecting waters of the State,waters of the U. S.,or wetlands shall be
in accordance with the requirements and regulations promulgated and enforced by the N.
C. Environmental Management Commission.
B. Sufficient buffer (minimum 100 foot undisturbed) shall be maintained between any
affected land and any adjoining waterway or wetland to prevent sedimentation of that
waterway or wetland from erosion of the affected land and to preserve the integrity of the
natural watercourse or wetland.
4. Erosion and Sediment Control.
A. Adequate mechanical barriers including but not limited to diversions, earthen dikes,
sediment check dams, sediment retarding structures, rip rap pits, or ditches shall be
provided in the initial stages of any land disturbance and maintained to prevent sediment
from discharging onto adjacent surface areas or into any lake, wetland, or natural
watercourse in proximity to the affected land.

Page 4
B. Adequate fencing shall be installed to prevent opportunity for foot traffic from the Kings
Mountain Gateway Trail(under construction)to areas of active mining.
C. All drainage from the affected area around the mine excavation shall be diverted internal
to said excavation.
D. Mining activities associated with excavating sand tailings from the existing 48-acre sand
tailings area and exploratory drilling at the site, including the installation and maintenance
of all associated erosion and sediment control measures,shall be conducted as indicated on
the Updated Mine Map sealed by Mr.David W.Wasiela on May 5,2017 and supplemental
information received May 9,2017 and June 9,2017 with the following stipulations:
i. All areas affected by exploratory drilling activities must be seeded and mulched
within 15 days following completion of such activities.
ii. A minimum 50-foot buffer shall be maintained at all times between any excavation
of sand tailings and the boundary of the Former Radioactive Steel Area within the
48-acre sand tailings area as shown on the approved Updated Mine Map.
E. Mining activities associated with the Phase 2 exploratory drilling at the site, including the
installation and maintenance of all erosion and sedimentation control measures, shall be
conducted as indicated on the Phase 2 Exploration Drilling East Mine Land Disturbance
Map dated February 2018 and the supplemental information received February 26, 2018.
All areas affected by exploratory drilling activities must be seeded and mulched within 15
days following completion of such activities.
F. Mining activities associated with the 2022-2023 exploratory drilling at the site, including
the installation and maintenance of all erosion and sedimentation control measures, shall
be conducted as indicated on the in the application, on the 2022-2023 Activities Program
Map Received May 31,2023 and in the supplemental information received March 24,2023
and May 23,2023. All areas affected by exploratory drilling activities must be seeded and
mulched as specified on sheet 3.0 of the 2022-2023 Activities Program Map Received May
31,2023 after completion of such activities
G. Prior to conducting any land disturbing activities at this site other than the approved
exploratory drilling activities noted above, a mining permit modification outlining the
proposed activities shall be submitted to and approved by the Division of Energy,Mineral,
and Land Resources
5. Groundwater Protection.
Groundwater monitoring wells shall be installed and monitored as deemed appropriate by the
Department.
6. Permanently Marked Boundaries.
All affected area boundaries (59.0 acres) shall be permanently marked at the site on 100-foot
intervals unless the line of sight allows for larger spacing intervals.
7. Graded Slopes and Fills.
The angle for graded slopes and fills shall be no greater than the angle which can be retained by
vegetative cover or other adequate erosion control measure, structure, or device. In any event,
exposed slopes or any excavated channels,the erosion of which may cause off-site damage because
of siltation, shall be planted, or otherwise provided with groundcover, devices, or structures
sufficient to restrain such erosion.

Page 5
8. Surface Drainage.
The affected land shall be graded so as to prevent collection of pools of water that are,or likely to
become, noxious or foul. Necessary structures such as drainage ditches or conduits shall be
constructed or installed when required to prevent such conditions.
9. Blasting.
A. The operator shall monitor each blast with a seismograph located at a distance no farther
than the closest off site regularly occupied structure not owned or leased by the operator.
A seismographic record including peak particle velocity, air overpressure, and vibration
frequency levels shall be kept for each blast(except as provided under Operating Condition
Nos.III.9.0 and III.9.E of this permit).The following blasting conditions shall be observed
by the mine operator to prevent hazard to persons and adjacent property from surface
blasting:
B. In all blasting operations,the maximum peak particle velocity of any component of ground
motion shall not exceed Figure 9-1(below) at the immediate location of any regularly
occupied building outside of the permitted area such as a dwelling house,church, school,
or public,commercial,or institutional building.
Figure 9-1-Allowable Peak Parlicle Velocity by Frequency
10.0 10.0
r
0
m �0 2 in/sec
> 2.0
' 1.5
v 1
1.0 t.0
0 0.9 0.75 intsee 1 0.9
0.6 0.7
1 1
C 0.5
°•4 0,4
E 0.3 0.3
3 � I
1 1
x 11
1 0.2
1 i
� 1
t 4 10 20 30 100
81ast Vibration Frequency, H=
Figure ? Altemative blasting level criteria
(Source mod;f ed from figure B-1. Bureau Of,'dries R185,07)

Page 6
C. In the event of seismograph malfunction or other condition which prevents monitoring,
blasting shall be conducted in accordance with the following formulas:
W=(D/DS)2 (EQ. 8.1)
DS=D/W" (EQ. 8.2)
V= 160(DS)-1.6 (EQ. 8.3)
W = Maximum charge weight of explosives per delay period of 8.0
milliseconds or more(pounds).
D = Distance from the blast site to the nearest inhabited building not owned or
leased by the mine operator.(feet).
DS = Scaled distance factor.
V = Peak Particle Velocity(inches per second).
The peak particle velocity of any component shall not exceed 1.0 inch per second, for the
purposes of this Section.
D. Air blast overpressure resulting from surface blasting shall not exceed 129 decibels linear
(dBL)as measured at the immediate location of any regularly occupied building not owned
or leased by the operator outside of the permitted area such as a dwelling house, church,
school, or public, commercial,or institutional building, unless an alternate level based on
the sensitivity of the seismograph microphone as specified below is being used:
Lower Frequency Limit of Measuring System(Hz) Max Level(dBL)
0.1 Hz or lower-flat response 134 peak
2.0 Hz or lower-flat response 133 peak
6.0 Hz or lower-flat response 129 peak
E. In the event of seismograph malfunction or other condition which prevents monitoring,
blasting shall be conducted in accordance with the following formulas:
U= 82 (D/Wo-")-1.2 (EQ 8.4)
To convert U(psi)to P(dBL):
P=20 x log(U/2.9x10-9) (EQ 8.5)
Confined Air blast/Overpressure(dBL)for quarry situation:
A=P- 35 (EQ8.6)
U = Unconfined air overpressure(pounds per square inch).
W = Maximum charge weight of explosives per delay period of 8.0
milliseconds or more(pounds).

Page 7
D = Distance from the blast site to the nearest inhabited building not owned or
leased by the mine operator(feet).
P = Unconfined air overpressure(decibels).
A = Air blast or air overpressure for typical quarry situations(decibels).
The air blast/overpressure shall not exceed 129 decibels,for the purposes of this Section.
F. The operator shall maintain records on each individual blast describing:
i. date and time of the blast.
ii. the total number of holes.
iii. pattern of holes and delay of intervals.
iv. depth and size of holes.
V. type and total pounds of explosives.
vi. maximum pounds per delay interval.
vii. amount of stemming and burden for each hole.
viii. blast location.
ix. distance from blast to closest offsite regularly occupied structure.
X. weather conditions at the time of the blast.
Records shall be maintained at the permittee's mine office and copies shall be provided to
the Department upon request.
G. If ground vibration or Air blast limits are exceeded, the operator will immediately report
the event with causes and corrective actions to the Department. Use of explosives at the
blast site that produced the excessive reading shall cease until corrective actions approved
by the Department are taken. However,blasting may occur in other approved areas within
the permitted boundary. Authorization to blast at the blast site may be granted at the time
of the verbal reporting of the high ground vibration or high air blast reading if the
circumstances justify verbal approval. Failure to report will constitute a permit violation.
H. The operator shall take all reasonable precautions to ensure that flyrock is not thrown
beyond areas where the access is temporarily or permanently guarded by the operator.
Failure to take corrective measures to prevent flyrock and repeated instances of flyrock
shall be considered a violation of the Mining Permit.
I. Should flyrock occur beyond the permitted and guarded areas, the operator shall
immediately report the incident to the Department. Further use of explosives on the mine
site shall be suspended until the following actions have been taken:
i. A thorough investigation as to the cause(s)of the incident shall be conducted.
ii. A report detailing the investigation shall be provided to the Department within 10
days of the incident. The report shall,at a minimum,document the cause(s)of the
incident along with technical and management actions that will be taken to prevent
further incidents. The report shall meet with the approval of the Department before
blasting may resume at the mine site.
J. The operator shall provide to the Department a copy of the findings of any seismic studies
conducted at the mine site in response to an exceedance of a level allowed by these blasting
conditions. The operator shall make every reasonable effort to incorporate the studies'
recommendations into the production blasting program.

Page 8
K. The operator shall,when requested by the Department,give 24-hour advance notice to the
Division of Energy,Mineral and Land Resources'Regional Office prior to any blast during
a period for which notice is requested.
10. Highwall Barrier
A physical barrier consisting of large boulders placed end-to-end or fencing shall be maintained at
all times along the perimeter of any highwall to prevent inadvertent public access. In addition, a
minimum 10 foot wide horizontal safety bench shall be provided at the junction between the top of
rock and the toe of any overburden cut slope.
11. Visual Screening.
Existing vegetation shall be maintained between the mine and public thoroughfares to screen the
operation from the public. Additional screening methods,such as constructing earthen berms,shall
be employed as deemed appropriate by the Department.
12. Buffer Between Mining Permit Boundaries and/or Right-of-ways.
A. Sufficient buffer shall be maintained between any excavation and any mining permit
boundary or right-of-way to protect adjacent property.
B. A minimum 50-foot undisturbed buffer zone shall be maintained between any mining
activity and the boundary encompassing the Former Radioactive Steel Area within the 48-
acre sand tailings area.
C. A minimum 25-foot undisturbed buffer zone shall be maintained between any mining
activity and the berm surrounding the 48-acre sand tailings area.
13. Refuse Disposal.
A. No on-site disposal of refuse or other solid waste that is generated outside of the mining
permit area shall be allowed within the boundaries of the mining permit area unless
authorization to conduct said disposal has first been obtained from both the Division of
Waste Management and the Division of Energy,Mineral and Land Resources,Department
of Environmental Quality. The method of disposal shall be consistent with the approved
reclamation plan.
B. Mining refuse as defined by N.C.G.S. §74-49 (14) of The Mining Act of 1971 generated
on-site and directly associated with the mining activity may be disposed of in a designated
refuse area. All other waste products must be disposed of in a disposal facility approved
by the Division of Waste Management. No petroleum products, acids, solvents or their
storage containers or any other material that may be considered hazardous shall be disposed
of within the permitted area.
C. For the purposes of this permit, the Division of Energy, Mineral and Land Resources
considers the following materials to be "mining refuse" (in addition to those specifically
listed under N.C.G.S. §74-49(14)of the N.C. Mining Act of 1971):
i. on-site generated land clearing debris.
ii. conveyor belts.
iii. wire cables.
iv. v-belts.
V. steel reinforced air hoses.

Page 9
vi. drill steel.
D. If mining refuse is to be permanently disposed within the mining permit boundary, the
following information must be provided to and approved by the Division of Energy,
Mineral and Land Resources prior to commencement of such disposal:
i. the approximate boundaries and size of the refuse disposal area.
ii. a list of refuse items to be disposed.
iii. verification that a minimum of 4 feet of cover will be provided over the refuse.
iv. verification that the refuse will be disposed at least 4 feet above the seasonally
high-water table;and,
V. verification that a permanent vegetative groundcover will be established.
IV. Annual Reclamation Report and Annual Operating Fee. N.C.G.S.
An Annual Reclamation Report and Annual Operating Fee of$400.00 shall be submitted to the Department
by September 1 of each year until reclamation is completed and approved for release by the Department.
V. Prior Approval Required for Plan Modification. N.C.G.S. §74-52.
The operator shall notify the Department in writing of the desire to delete,modify or otherwise change any
part of the mining,reclamation,or erosion/sediment control plan contained in the approved application for
a mining permit or any approved revision to it. Approval to implement such changes must be obtained
from the Department prior to on-site implementation of the revisions.
VI. Bonding. N.C.G.S. ,74-54.
The security,which was posted pursuant to N.C.G.S. §74-54 in the form of a$1,000,000.00 blanket surety
bond,is sufficient to cover the operation as indicated in the approved application. This security must remain
in force for this permit to be valid. The total affected land shall not exceed the bonded acreage.
VII. Archaeological Resources. N.C.G.S. $7� 0=3.
1. Minimum Requirements.
A. Authorized representatives of the Division of Archives and History shall be granted access
to the site to determine the presence of significant archaeological resources.
B. Pursuant to N.C.G.S. §70-3, "The Unmarked Human Burial and Human Skeletal Remains
Protection Act," should the operator or any person in his employ encounter human skeletal
remains, immediate notification shall be provided to the county medical examiner and the
chief archaeologist,North Carolina Division of Archives and History.
VIII. Approved Reclamation Plan. N.C.G.S.
The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition on the
continuing validity of that Mining Permit. Additionally,the Reclamation Plan is a separable obligation of
the permittee,which continues beyond the terms of the Mining Permit.
To comply with N.C.G.S. §74-53 the approved plan will provide:

Page 10
1. Minimum Standards.
A. The final slopes in all excavations in soil,sand,gravel,and other unconsolidated materials
shall be at such an angle as to minimize the possibility of slides and be consistent with the
future use of the land.
B. Provisions for safety to persons and to adjoining property must be provided in all
excavations in rock.
C. All overburden and spoil shall be left in a configuration which is in accordance with
accepted conservation practices and which is suitable for the proposed subsequent use of
the land.
D. No small pools of water shall be allowed to collect or remain on the mined area that are,or
are likely to become noxious,odious,or foul.
E. The revegetation plan shall conform to accepted and recommended agronomic and
reforestation practices as established by the North Carolina Agricultural Experiment
Station and the North Carolina Forest Service.
F. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein
incorporated. These activities shall be conducted according to the time schedule included
in the plan,which shall to the extent feasible provide reclamation simultaneous with mining
operations and in any event, provide reclamation at the earliest practicable time after
completion or termination of mining on any segment of the permit area and shall be
completed within two years after completion or termination of mining.
2. Reclamation Conditions.
A. Provided further, and subject to the Reclamation schedule, the planned reclamation shall
be to regrade and satisfactorily revegetate any disturbed areas.
B. The specifications for surface gradient restoration to a surface suitable for the planned
future use are as follows:
i. All the final perimeter sideslopes shall be graded to a 3 horizontal to 1 vertical or
flatter slope.
ii. All areas of unconsolidated material such as overburden or waste piles shall be
graded to a 2 horizontal to 1 vertical or flatter slope and terraced as necessary to
insure slope stability.
iii. Any settling ponds and sediment control basins shall be backfilled, graded, and
stabilized or cleaned out and made into acceptable lake areas.
iv. The processing, stockpile, and other disturbed areas neighboring the mine
excavation shall be leveled and smoothed.
V. Compacted surfaces shall be disced, subsoiled, or otherwise prepared before
revegetation.
vi. No contaminants shall be permanently disposed of at the mine site. On-site
disposal of waste shall be in accordance with Operating Conditions Nos. II1.13.A
through I11.13.D.
vii. The affected land shall be graded to prevent the collection of noxious or foul water.
3. Revegetation Plan.
After site preparation,all disturbed land areas shall be revegetated as per the following:

Page 11
Permanent Seeding Specifications
Dates Species Rate,Lbs./Acre
February 15-April 1 Kobe Lespedeza 10
Fescue 40
Redtop 1
Winter rye(grain) _ 15
April I-July 31 Common Bermuda 50
August 1-October 25 Lespedeza(unscarified) 30
German millet 40
October 25-February 15 Rye(grain-temporary) 120
Soil Amendments
Lime 2000 lbs./acre or follow recommendations from a soil test.
Fertilizer 1000 lbs./acre 8-8-8 or 10-10-10 or follow recommendations from a soil test.
Mulch All seeded areas shall be mulched using small grain straw at a rate of 2000
lbs./acre and anchored appropriately.
Whenever possible, disturbed areas should be vegetated with native warm season grasses such as
switch grass, Indian grass,bluestem,and gamma grass.
In addition,the permittee shall consult with a professional wildlife biologist with the N.C. Wildlife
Resources Commission to enhance post-project wildlife habitat at the site.
4. Reclamation Plan.
Reclamation shall be conducted simultaneously with mining to the extent feasible. In any event,
reclamation shall be initiated as soon as feasible after completion or termination of mining of any
mine segment under permit. Final reclamation, including revegetation, shall be completed within
two years of completion or termination of mining.
IX. Issuance and Modification Summary. N.C.G.S. §74-51 and §74-52.
This permit, issued to Chemetall Foote Corporation December 18, 2002 and transferred to Rockwood
Lithium,Inc.renewed February 4,2013 and modified July 25,2017,December 1,2017,and April 23 2018,
is hereby modified this 16th day of June,2023 pursuant to N.C.G.S. §74-52.
By:_2 X W44v�
Douglas R.Ansel, Interim Director
Division of Energy, Mineral,and Land Resources
By Authority of the Secretary
Of the Department of Environmental Quality