20231120_Attachment A

ATTACHMENT A
Kings Mountain Mine -West
Permit Number 23-34
Additional Information
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 5.0 acres for continued excavation of sand from 48-
acre sand tailings area and an additional 40 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.
• June 16, 2023: Increased affected acreage to 59.0 acres for continued excavation of sand from a
48-acre sand tailings area and an additional 5.0 acres for 2022 and 2023 drilling activities and
support areas including 3.05 acres for access roads and 1.95 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 includes the following components:
• Drill Pad Access Roads and Drill Pads: The affected area would include an additional
0.02 acres of disturbance for drill pad access roads (30 ft in width) and 0.22 acres for drill
pads (40 ft X 80 ft). Specific locations may vary based on site conditions such as slope and
heavy vegetative cover. All disturbed areas will be protected by appropriate erosion and
sediment control devices.
Natural Gas Line Removal (Demo): A natural gas line currently supplies natural gas to
facilities within the Kings Mountain area with an 8" diameter buried distribution line. This
gas line has been determined to be redundant and conflicts with potential future
development. The line will be decommissioned, purged, and removed. Approximately
2252 linear feet of gas line is to be removed in the West Permit boundary. An approximately
20 ft corridor will be required for equipment to remove the utility for a disturbance of 1.03
acres. Prior to removal activities, silt fencing and straw waddles will be installed along the
length of the corridor. After removal of the line, the area will be backfilled and seeded.
Erosion and sediment control devices will be removed once vegetative cover is
established.
Natural Gas Line Reroute (Installation): A new gas line will be installed to replace the
existing gas line that is scheduled for removal (demo). A portion of the new gas line will
cross the West Mine permit boundary. Approximately 697 linear feet of 8" gas line will be
installed. An approximately 20 ft corridor will be required for activities for a disturbance of
0.32 acres. Prior to installation activities, silt fencing and straw waddles will be installed
along the length of the corridor. A trench will be excavated, and the line installed and
backfilled with approximately 2 ft of cover and seeded. Erosion and sediment control
devices will be removed once vegetative cover is established.
• Sewer Line Removal (Demo): A 4" buried sewer line runs within of the West Mine permit
boundaries. This line is to be abandoned and rerouted to another location.

Decommissioning will involve the removal of all waste from the line prior to removal to
prevent spills of sewage into the surrounding landscape. Approximately 4612 linear feet of
line will be removed. A 20 ft corridor will be established for the removal activities resulting
in 2.12 acres of disturbance. Prior to removal activities, silt fencing and straw waddles will
be installed along the length of the corridor. After removal of the line, the area will be
backfilled and seeded. Erosion and sediment control devices will be removed once
vegetative cover is established.
Sewer Line Reroute (Installation): Portions of the sewer line reroute will be within the
West Mine permit boundaries. Approximately 2325 linear feet of 4' new sewer line will be
installed. An approximately 20 ft corridor will be required for activities for a disturbance of
1.07 acres. Prior to installation activities, silt fencing and straw waddles will be installed
along the length of the corridor. A trench will be excavated, and the line installed and
backfilled with approximately 2 ft of cover and seeded. Erosion and sediment control
devices will be removed once vegetative cover is established.
44kV Electrical Distribution Line Removal (Demo): A 44 kV line crosses portions of the
West Mine permit boundary. Structures and lines are to be removed. Silt fencing and straw
waddles will be used at each structure location for equipment to remove the structures and
electrical line. An approximately 70 ft corridor will be needed for equipment to remove
structures and lines. The length of the 44kV line removal within the West Mine permit
boundary is 2626 linear feet for a disturbance area of 4.22 acres. Erosion and sediment
control devices will be removed once vegetative cover is established.
44kV Electrical Distribution Line Reroute (Installation): There is no 44kV reroute
activities within the West Mine permit boundary.
12.47kV Electrical Distribution Line Removal (Demo): A 12.47kV line crosses portions
of the West Mine permit boundary. Poles and lines are to be removed. Silt fencing and
straw waddles will be used long the length of the demo area for equipment to remove poles
and electrical lines. An approximately 40 ft corridor will be needed for equipment to remove
poles and lines. The length of the 12.47kV line removal within the West Mine permit
boundary is 1469 linear ft for a disturbance area of 1.35 acres. Erosion and sediment
control devices will be removed once vegetative cover is established.
• 12.47kV Electrical Distribution Line Reroute (Installation): Portions of the 12.47kV
electrical line will occur in the West Mine permit boundary. Approximatelty189 linear feet
of line will be installed requiring a 40 ft corridor for a disturbance area of 0.17 acres. Prior
to installation activities, silt fencing and straw waddles will be installed along the length of
the corridor. Disturbance areas will be seeded, and erosion and sediment control devises
will be removed once vegetative cover is established.
• Site Access Road #2; A new site access dirt road. 32 ft in width, will be established within
the West Mine permit boundary as indicated on the Mine Map(s) to provide access for
vehicles and equipment at various points within the permit boundary. Approximately 0.44
acres of disturbance will be required. Prior to disturbance, the roadways will be lined with
silt fence and straw waddles for erosion and sediment control and left in place until the
roadway is stable.
• Site Access Road Widening: Existing site access roads will be widened to 32 ft to allow
for safe two-way traffic for vehicles and equipment access and are indicted on the Mine
Map(s). Approximately 2.06 acres will be disturbed. Prior to disturbance, the roadways will
be lined with silt fence and straw waddles for erosion and sediment control and left in place
until the roadway is stable.

• Security Fence: A security fence will be installed along portions of the West Mine permit
boundary adjacent to 1-85. Clearing for fence installation will be approximately 20 ft in width.
Approximately 0.87 acres will be disturbed. The security fence will be used as the safety
fence for reclamation. Prior to disturbance the fence footprint will be lined with silt fences
and straw waddles for erosion and sediment control and left in place until after fence
installation and removed once vegetative cover is established.
• Dewatering Pipeline: A dewatering pipeline will be placed within the existing roadway as
indicated on the Mine Map(s). This pipeline is being placed in anticipation of future
dewatering of the existing Mine Pit Lake that is within the East Mine Permit (23-01)
boundary. No additional disturbance will result from this activity.
The following provides a summary of new disturbance:
Disturbance
Activity (Ac)
Drill Pad Access Roads
0.02
Drill Pads
0.22
Gas Line Demo
1.03
Gas Line Install
0.32
Sewer Line Demo
2.12
Sewer Line Install
1.07
44kV Line Demo
4.22
44kV Line Install
0.00
12.47 kV Line Demo
1.35
12.47 kV Line Install
0.17
Site Access Road#2
0.44
Site Access Road
Widening
2.06
Security Fence
0.87
Dewatering Pipeline
0.00
Total New Disturbance 13.89
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, April 23, 2018, and June 16, 2023, 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, April 23, 2018, and June 16,2023 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 31-1:1 V or flatter during excavation. Drainage is
internally to the excavation site.
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 modifications (July 25, 2017, April 23, 2018, and June16,2023
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 are provided on the Mine Map(s).
Erosion and sediment control measures for the utility demos and relocations include silt screens
and straw waddles along the corridors to be placed prior to work efforts. These measures will
remain in place until a vegetative cover is established.
All erosion and sediment control designs are consistent with the requirements of the North Carolina
Sedimentation and Pollution Control Act and Administrative Rules.
5. 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?
Show all buffer locations and widths on the mine map(s): There are no buffer requirements
for the Broad River basin and Cleveland County does not have a buffer requirement. 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
impoundments as these areas are primarily internal drainage with no discharge to Waters of the
State. In addition, robust sediment and erosion control devices will be utilized for further
protection of water resources.
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 of sand tailings will be a maximum 10 ft in
depth with an average depth of 5 ft. Slopes will be maintained at 3H:1 V 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 roadways will be revegetated with the following seed
mix:
Seed Mix Type
NC Steep Slope Mix (ERN MX-310)
Native Habitat Strip Mine Mix (ERNMX-111)
Native Steep Slope w annual rye (ERNMX-
181)
Native Steep Slope w grain rye (ERNMX-181-
2)
Seeding
Seeding
Dates
Rates
all dates
45 lbs./acre
all dates
20 lbs./acre
Feb 15-Aug
15
60lbs/acre
Aug 15-Feb
16
75 lbs./acre
Slopes in the excavation area will be stabilized at a minimum of 3H:1V or flatter and seeded with
native species as indicated above. Cross -sections are provided on the Reclamation Map(s).
Utility demo and relocations, access roads and laydown areas will be seeded with native species
as indicated above.
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 (23-01) boundary. No High Walls are present. The installed chain link fence
will be used as the safety 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 flatter) 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 cross -
sections 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 sand 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 (Allium 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 lbs./acre
Native Habitat Strip Mine Mix (ERNMX-111)
all dates
20 lbs./acre
Feb 15-Aug
Native Steep Slope w annual rye (ERNMX-181)
15
60 lbs./acre
Native Steep Slope w grain rye (ERNMX-181-
Aug 15-Feb
2)
16
75 lbs./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.B. 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.
ADDITIONAL INFORMATION
Streams and Wetlands
Streams and wetlands have been delineated on all Albemarle owned property including the West
Mine permit area. Streams, wetlands, and impoundments are depicted on the Mine Map(s)_.
Threatened and Endangered Species
This permit modification is a continuance of the modification approved June 16, 2023, to provide
for additional drill pads and access roads, utility modifications (demolition and reroutes), and site
access. Sand mining in the former 48-acre area will continue as approved in previous modifications.
Surveys for listed plant species was conducted on all Albemarle owned property (approximately
1403 acres) including the West Mine permit area in 2022. No listed plant species were observed
during presence/absence surveys conducted in 2022.
The Tricolored bat was detected during acoustic surveys on the Albemarle owned property in 2022.
This species is a proposed candidate species. During the spring, summer, and fall, it primarily
roosts among live and dead leave clusters of live and recently dead deciduous hardwoods trees.
During winter it hibernates in caves, culverts, and abandoned water wells. Foraging is both in
treetops and closer to the ground. The proposed permit modification has an affected area of 13.89
acres. Tree removal, as needed, will occur during the October to March timeframe. The proposed
activity will not result in a "take" of this species.
The Threatened and Endangered species survey report is provided as Exhibit 2.
Cultural Resources
An archaeological survey was conducted on all Albemarle owned property which included the West
ine permit area. No significant archaeological resources were found during the survey.

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.
(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
is effective December 14, 2022
(MONTH -DAY -YEAR)
Signed and Sealed December 14, 2022
By:
By:
S-0443/GEEF 10/99
(MONTH -DAY -YEAR)
Albemarle U.S. Inc.
Fidelity and Deposit Company of Maryland
, as Principal,

ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
Fbe
W ALLMEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New
the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY
DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by
rt D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which
are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate,
constitute, and appoint Sarah Major , its true and lawful
agent 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
and 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 intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the
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 1 lth day of July, A.D. 2019.
NN
•-� �o �• BSAL
MIX
ATTEST:
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
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 subscriber, 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 he/she 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 duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year fast above written.
Constance A. Dunn, Notary Public
My Commission Expires: July 9, 2023

EXTRACT FROM BY-LAWS OF THE COMPANIES
PF
e V, Section 8, Attomevs-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President
written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies,
,ces, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such
-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 Seal 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 1 Oth day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature
of any Vice -President, 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 name and affixed the corporate seals of the said Companies,
this 14th day of December 1 2022
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:
Zurich Surety Claims
1299 Zurich Way
Schaumburg, IL 60196-1056
[e-mail]
800-626-4577

Federally and State -Listed Species
Report for the Kings Mountain
Lithium Mine, Cleveland County,
North Carolina
SEPTEMBER 2023
PREPARED FOR
Albemarle U.S., Inc.
PREPARED BY
SWCA Environmental Consultants

FEDERALLY AND STATE -LISTED SPECIES REPORT
FOR THE KINGS MOUNTAIN LITHIUM MINE,
CLEVELAND COUNTY, NORTH CAROLINA
Prepared for
Albemarle U.S., Inc.
348 Holiday Inn Drive
Kings Mountain, North Carolina 28086
Attn: John Kuhn
Prepared by
SWCA Environmental Consultants
113 Edinburgh South Drive, Suite 120
Cary, North Carolina 27511
[phone]
www.swca.com
SWCA Project No. 70316
September 2023

Federally and State -Listed Species Report for the Kings Mountain Lithium Mine, Cleveland County, North Carolina
CONTENTS
1 Introduction.......................................................................................................................................... l
1.1 Location........................................................................................................................................1
1.2 Project Area Description............................................................................................................... 1
2 Methods................................................................................................................................................. 4
2.1 Desktop Analysis..........................................................................................................................4
2.2 Field Surveys................................................................................................................................ 4
2.2.1 Wetland Delineations.......................................................................................................... 5
2.2.2 Bat Surveys......................................................................................................................... 5
2.2.3 Aquatic Surveys.................................................................................................................. 5
2.2.4 Monarch Butterfly Habitat Assessment.............................................................................. 5
2.2.5 Plant Surveys...................................................................................................................... 5
3 Results....................................................................................................................................................6
3.1 Habitat..........................................................................................................................................
6
3.1.1 Forested Upland................................................................................................................
10
3.1.2 Herbaceous Upland...........................................................................................................
11
3.1.3 Shrub-Scrub......................................................................................................................
11
3.1.4 Wetlands...........................................................................................................................
11
3.2 Federally Listed Species.............................................................................................................
12
3.2.1 Northern Long -Eared Bat.................................................................................................
13
3.2.2 Tricolored Bat...................................................................................................................
13
3.2.3 Little Brown Bat...............................................................................................................
16
3.2.4 Dwarf -Flowered Heartleaf................................................................................................
16
3.2.5 Monarch Butterfly.............................................................................................................
16
3.3 State -Listed Species....................................................................................................................
19
3.3.1 Regulatory Background....................................................................................................
19
3.3.2 Species List.......................................................................................................................
19
4 Summary and Conclusions................................................................................................................
28
5 Literature Cited..................................................................................................................................29
Appendices
Appendix A. Aerial Photographs Showing Historic Mining in the Project Area
Appendix B. U.S. Fish And Wildlife Service Information for Planning and Consultation Resource
List
Appendix C. North Carolina Natural Heritage Program Resource Report

Federally and State -Listed Species Report for the Kings Mountain Lithium Mine, Cleveland County, North Carolina
Figures
Figure1. Project location..........................................................................................
Figure 2. Aerial imagery of the Project area.............................................................
Figure 3. NRCS mapped soil types within the Project area ......................................
Figure 4. Water resources in the Project area...........................................................
Figure 5. Vegetation communities within the Project area .......................................
Figure 6. Bat acoustic survey locations within the Project area ................................
Figure 7. Dwarf -flowered heartleaf survey areas ......................................................
Figure 8. Monarch butterfly habitat survey areas .....................................................
Figure 9. Smooth sunflower and American bittersweet survey areas .......................
Tables
.................................. 2
.................................. 3
.................................. 7
.................................. 8
.................................. 9
................................ 15
................................ 17
................................ 18
................................ 25
Table 1. USFWS Federally Listed Species with Potential to Occur within the Project Area ..................... 12
Table 2. Acoustic Tricolored Bat Survey Detections.................................................................................. 14
Table 3. State -listed Species for Cleveland County and their Potential to Occur ....................................... 19

Federally and State -Listed Species Report for the Kings Mountain Lithium Mine, Cleveland County, North Carolina
1 INTRODUCTION
On behalf of Albemarle U.S., Inc. (Albemarle), SWCA Environmental Consultants (SWCA) has prepared
an assessment of federally and state -listed species for the Kings Mountain Lithium Mining Project
(Project) in southeastern Cleveland County, North Carolina. This assessment addresses plant and animal
species protected under the Endangered Species Act of 1973, as amended (ESA), as well as North
Carolina state -listed species protected under Endangered and Threatened Wildlife and Wildlife Species
of Special Concern of the State of North Carolina (North Carolina General Statutes 113-331). A desktop
review in combination with field observations was used to determine the potential for listed plants and
wildlife to occur in the Project area.
1.1 Location
The Project is on private land owned or leased by Albemarle and consists of approximately 1,106 acres
(Project area). The Project is located approximately 2 miles south of downtown Kings Mountain, North
Carolina, and is on the U.S. Geological Survey (USGS) Kings Mountain, North Carolina, 7.5 minute
quadrangle (Figure 1). The Project area is divided by Interstate 85 (I-85), with the main parcel on the
north side of the highway and a smaller parcel on the south side of the highway. The main parcel
is bordered by South Battleground Avenue (State Route 216), Parkgrace Road, and Tin Mine Road to the
west; Quarry Road to the north; and 1-85 to the south and east.
1.2 Project Area Description
Currently, the main parcel is mostly developed/disturbed and includes Albemarle's lithium salts and
compound processing facility and Albemarle's Global Technical Center. The west side along South
Battleground Avenue includes a recently closed drive-in theater with recreational vehicle campground,
remnants of a textile mill, and an old school building. Five utility rights -of -way (ROWS) cross the
northern and central portions of the parcel. The parcel directly south of I-85 is mostly undeveloped, but
previously disturbed by mining. The Kings Mountain Gateway Trail goes around the northern and eastern
boundaries of this parcel with an access point and parking area off Galilee Church Road. Additionally,
three utility ROWS cross the parcel running northeast —southwest.
The Project area is surrounded by residential, commercial, and industrial development to the north, west,
and south (Figure 2). The Martin Marietta mine borders the Project area to the north. To the east
is primarily undeveloped land, Crowders Mountain State Park, and some low -density residential
development. Mining occurred from the 1940s until 1994, heavily disturbing approximately 509 acres
within the Project area (see Figure 2). This included a mine pit, sand tailings, waste rock piles, and water
storage areas. Agricultural disturbance and residential development have also occurred within the Project
area since at least the 1950s (EDR 2023; Historic Aerials 2023). See Appendix A for historic aerials
throughout the years showing disturbance followed vegetation recovery over the years.

Federally and State -Listed Species Report for the Kings Mountain Lithium Mine, Cleveland County, North Carolina
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Federally and State -Listed Species Report for the Kings Mountain Lithium Mine, Cleveland County, North Carolina
2 METHODS
SWCA methodology consisted of a desktop analysis of available literature and databases and field
surveys. The following categories were used to define the potential for protected species to occur based
on these study methods.
• Very low: The Project area is outside the known range of the species or is within the range, but
there is no suitable habitat or the species is historical.
• Low: The Project area is within the known range of the species, but there is limited suitable
habitat or the species has not been observed in the vicinity.
• Moderate: Known species' range includes the Project area, and suitable habitat is present.
• High: There are known species occurrences within the Project area.
2.1 Desktop Analysis
A preliminary desktop analysis was completed for the Project prior to field surveys by using
a combination of existing information obtained from available public sources, consisting of reports,
published literature, online databases, and geographic information system (GIS) data. The following
publicly available data sources were used to complete a desktop analysis.
• USGS National Land Cover Database (USGS 2019a)
• Natural Resources Conservation Service (MRCS) Web Soil Survey maps (MRCS 2022)
• USGS National Hydrology Dataset (USGS 2019b)
• U.S. Fish and Wildlife Service (USFWS) National Wetlands Inventory maps (USFWS 2022a)
• USFWS list of threatened and endangered species within the Project area and county
(USFWS 2022b, 2022c, 2023)
• North Carolina Natural Heritage Program (NCNHP) data and planning tools (NCNHP 2020,
2021, 2022a, 2022b, 2023)
• North Carolina Wildlife Resources Commission (NCWRC) state -listed species information
(NCWRC 2022)
• Historical aerial imagery (EDR 2023; Historic Aerials 2023; Google Earth 2023)
These sources were used to characterize the resources in the Project area and surrounding area.
2.2 Field Surveys
Field surveys were completed by SWCA in spring, summer, and fall 2022, consisting of a general field
reconnaissance, comprehensive wetland delineation (SWCA 2022a), bat acoustic surveys, aquatic
surveys, a monarch butterfly (Danaus plexippus) habitat assessment, and presence/absence surveys for the
federally listed dwarf -flowered heartleaf (Hexastylis naniflora) and state -listed American bittersweet
(Celastrus scandens) and smooth sunflower (Helianthus laevigatus).
Surveys continued in spring/summer 2023 in parcels that were recently acquired, including additional
wetland delineations and habitat assessments for monarch butterfly and dwarf -flowered heartleaf.

Federally and State -Listed Species Report for the Kings Mountain Lithium Mine, Cleveland County, North Carolina
Presence/absence surveys for the state -listed American bittersweet and smooth sunflower were conducted
in late August 2023.
2.2.1 Wetland Delineations
SWCA conducted field evaluations to determine the likely presence or absence of wetlands and other
jurisdictional waters in accordance with methods in the Corps of Engineers Wetlands Delineation
Manual (U.S. Army Corps of Engineers [USACE] 1987) and Regional Supplement to the Corps
of Engineers Wetland Delineation Manual: Eastern Mountains and Piedmont Region (Version
2.0) (USACE 2012). Wetlands were identified by positive indicators of hydrology, hydrophytic
vegetation, and hydric soils (SWCA 2022a, 2023). Data collected were used to approximate the wetland
boundary and were recorded on USACE Eastern Mountains and Piedmont wetland determination data
forms. Wetland boundaries were recorded using GPS units capable of submeter accuracy and were
flagged.
2.2.2 Bat Surveys
Bat acoustic surveys were conducted in June 2022 following the USFWS's Range -wide Indiana Bat and
Northern Long-eared Bat Survey Guidelines (USFWS 2022d). Approximately 600 acres of forested
habitat within the Project area were considered potentially suitable summer habitat for bats. In summer
2022, acoustic detectors were deployed at 15 locations within suitable bat roosting habitat for 7 nights
(Figure 6). Ten detectors were within forested habitat within the project boundary, and an additional five
detectors were within forested habitat to the north and east of the project boundary (SWCA 2022b).
2.2.3 Aquatic Surveys
Observations from wetland delineations and other habitat surveys were used when determining suitable
habitat and sampling areas for the aquatic surveys. Aquatic surveys were conducted in August 2022 using
three primary methods to assess the aquatic habitats: trapping fish within pond habitats, electrofishing
in streams, and conducting visual and tactile surveys of streams for aquatic macroinvertebrates (primarily
freshwater mollusks and crayfish). In total, 61 minnow traps and 21 hoop nets were deployed at No. 1
Mill Pond, Mud Pond 1, Mud Pond 2, South Creek, the Pit, and Executive Club Lake (Figure 4).
Electrofishing surveys were conducted at South Creek and Kings Creek. All collected animals were
identified to the species level and released at their capture location. Additional data including animal
lengths and sexual characteristics were collected. Details are provided in the aquatic assessment report
(SWCA 2022c).
2.2.4 Monarch Butterfly Habitat Assessment
In spring and summer 2022, biologists surveyed potentially suitable monarch habitat (open, herbaceous
habitats) and completed a monarch butterfly habitat assessment, which involved meandering surveys
focused on identifying milkweed (Asclepias spp.) and nectar plants. The survey assessed the quantity and
quality of habitat, not the presence or absence of individual butterflies or larva; however, biologists
looked for monarch butterflies during the habitat assessment. Details are provided in the monarch report
(SWCA 2022d).
2.2.5 Plant Surveys
Dwarf -flowered heartleaf presence/absence surveys were conducted in May 2022 during the flowering
period (March 1 through May 31). Biologists walked meandering transects throughout potential habitat
5

Federally and State -Listed Species Report for the Kings Mountain Lithium Mine, Cleveland County, North Carolina
within the Project area to search for dwarf -flowered heartleaf plants. When plants within the genus
Hexastylis were encountered, biologists observed the flowers, if present, and measured the calyx tube and
the calyx tube opening to determine whether these characteristics were consistent with the dwarf -flowered
heartleaf. In the fall, biologists conducted surveys to confirm the presence or absence of American
bittersweet and smooth sunflower by walking meandering transects throughout potential habitat.
Additional presence/absence surveys for American bittersweet and smooth sunflower in newly acquired
parcels occurred in August 2023 during the fruiting and/or flowering seasons for these species. Additional
presence/absence surveys for the federally listed dwarf -flowered heartleaf in newly acquired parcels will
occur during its flowering period in spring 2024.
3 RESULTS
3.1 Habitat
Factors such as elevation, soil type, and vegetation cover are considered when determining a species'
potential to occur. Elevation in the Project area ranges from approximately 755 to 1,074 feet above mean
sea level. The Project area generally drains toward lower elevations to the south. The highest elevation in
the surrounding area is Crowders Mountain State Park, at approximately 1,700 feet above mean sea level.
Figure 3 shows the 16 mapped soil types within the Project area (MRCS 2022). Soils consist primarily
of Udorthents, loamy, 0 to 15 percent slopes (32% of Project area); Madison -Bethlehem complex, 2 to
8 percent slopes (9% of Project area); and Madison -Bethlehem complex, 8 to 15 percent slopes (8% of
Project area). Most of the soil types within the Project area are classified as well drained, and only
approximately 2% are considered hydric soils (NRCS 2022). Hydric soils are soils that are saturated
or inundated with water long enough to have a higher likelihood of supporting wetland conditions (NRCS
2018).
The Project area is within the Kings Creek (hydrologic unit code [HUC] 0305010509) and Buffalo Creek
(HUC 0305010508) watersheds of the Broad River Basin (North Carolina Department of Environmental
Quality 2022). The Broad River is located approximately 15 miles west—southwest of the Project area.
Kings Creek and South Creek are tributaries of the Broad River that run through the Project area
(Figure 4). SWCA scientists conducted a field investigation to delineate wetlands and waterbodies within
the Project area in February and March 2022, and July 2023. SWCA biologists identified 42 wetlands
(38.64 acres total), 33 stream segments (20,580 linear feet total), and 12 waterbodies. The waterbodies
(ponds and lakes) are all human -made (excavated with berms), and the mine pit filled with water to create
a waterbody (see Figure 4). Details are provided in the wetland and waterbody delineation reports
(SWCA 2022a, 2023).
The landscape has been significantly altered in the Project area due to historic mining, as well
as agriculture. Land cover maps (USGS 2019a) indicate the Project area consists primarily of deciduous
forest, mixed forest, and evergreen forest with smaller portions of pasture/herbaceous, medium- to high -
intensity development, open water (e.g., ponds, lakes, mining pits), and wetland habitats. Based on review
of historic aerial imagery dated from 1956 through 2020, natural recruitment of forest habitat has
occurred over waste rock piles and other areas historically disturbed by mining and agriculture (EDR
2023; Historic Aerials 2023). Boundaries of vegetation communities and their dominant species were
mapped during field surveys (Figure 5). Outside of developed areas and open water, habitat in the Project
area falls into the categories described below.
6

Federally and State -Listed Species Report for the Kings Mountain Lithium Mine, Cleveland County, North Carolina
MCC2
CaB2
Ta ❑
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7

Federally and State -Listed Species Report for the Kings Mountain Lithium Mine, Cleveland County, North Carolina
.� x�irms
�d Mud Pond 1
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Figure 4. Water resources in the Project area.
0

Federally and State -Listed Species Report for the Kings Mountain Lithium Mine, Cleveland County, North Carolina
KINGS MOUNTAIN LITHIUM MINE
Vegetation
Communities
Approximate
Extent of Historic
Mining
(19S6-1994)
0 Project Boundary
Vegetation
Communities
�. Developed
Forested Upland
Mixed
Forested Upland
Deciduous
_ Forested Upland
Evergreen
Herbaceous Upland
Scrub -Shrub
Upland
Wetland
Open Water
Figure 5. Vegetation communities within the Project area.
Cleveland County, INC
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ENVIRONMENTAL COH5ULT, T5

Federally and State -Listed Species Report for the Kings Mountain Lithium Mine, Cleveland County, North Carolina
3.1.1 Forested Upland
The forested upland communities (i.e., deciduous, mixed, and evergreen forest) are the dominant habitats
present in the Project area making up approximately 602 acres (55%) of the land cover. Many of the
forests are from natural recruitment after historical mining activities ended. There is a variety of forest
successional stages throughout the Project area, with some likely being 30 or more years old, whereas
others are early successional forests less than 10 years old. The older, mature forests are generally along
aquatic features and sloped areas.
3.1.1.1 DECIDUOUS
Mature deciduous forests in the Project area are generally characterized by relatively widely spaced, large
trees with a developed understory of smaller trees, shrubs, and some herbaceous plants. Dominant canopy
tree species are American sweetgum (Liquidambar styrac flua), tulip tree (Liriodendron tulipifera),
American beech (Fagus grandifolia), 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 mature deciduous forest are flowering dogwood (Cornus
Florida), black cherry (Prunus serotina), American holly (Ilex opaca), American hornbeam (Carpinus
caroliniana), eastern red cedar (Juniperus virginiana), greenbrier (Smilax spp.), blackberry (Rubus spp.),
and spicebush (Lindera benzoin). These understory species generally fill in the gaps between trees, with
the blackberry and greenbrier species occupying areas with greater sunlight access. In younger,
successional forests that were more recently logged or disturbed, the dominant species are American
sweetgum, tulip tree, red maple, and white oak with blackberry and greenbrier species in the understory.
These successional forests are generally more dense and less diverse than the mature deciduous forests.
Both mature and successional deciduous forests have portions with dense blackberry and greenbrier. The
deciduous forests are most common on hillslopes, lower elevation areas, and along streams.
3.1.1.2 EVERGREEN
The evergreen forest community is dominated by stands of loblolly pine (Pinus taeda). Other less
common evergreen trees observed were Virginia pine (Pinus virginiana) and shortleaf pine (Pinus
echinata). There are both mature pine forests and successional pine forests throughout the Project area,
commonly in the higher elevations. Mature pine forests generally contain evenly spaced large trees with
a moderate amount of understory vegetation, primarily the dominant successional deciduous species
discussed above. Successional pine forests generally contain dense, young pine trees and lack a developed
understory. Similar to the deciduous forests, blackberry and greenbrier species are common in portions
of both the mature and successional pine forests.
3.1.1.3 MIXED
The mixed forest community is the most common forest type and includes a combination of the dominant
deciduous and evergreen trees and shrubs mentioned in the previous sections. There are both mature and
successional mixed forests throughout the Project area. The mixed forests observed generally do not have
well -developed herbaceous layers, but often consisted of Christmas fern (Polystichum acrostichoides),
ground cedar (Diphasiastrum digitatum), Japanese honeysuckle (Lonicera japonica), and wild
onion/garlic (Allium spp.) when present. Early successional mixed forests are denser and have less
diversity than the mature mixed forests.
10

Federally and State -Listed Species Report for the Kings Mountain Lithium Mine, Cleveland County, North Carolina
3.1.2 Herbaceous Upland
The herbaceous upland and edge communities consist of areas dominated by non -woody vegetation.
These communities are common within the existing ROWs, in recently disturbed or cleared areas, and
along edge habitats (e.g., forest edges, roadsides). Dominant herbaceous species are broom -sedge
(Andropogon virginicus), wild onion/garlic, Kentucky bluegrass (Poa pratensis), goldenrod (Solidago
spp.), clover (Trifolium spp.), hemp dogbane (Apocynum cannabinum), Japanese honeysuckle, American
burnweed (Erechtites hieraciifolius), wild strawberry (Fragaria virginiana), and southern crabgrass
(Digitaria ciliaris). Approximately 101.66 acres of herbaceous uplands are present (9% of the Project
area).
3.1.3 Shrub -Scrub
The shrub -scrub upland community is dominated by blackberry, Chinese privet (Ligustrum sinense),
winged sumac (Rhus copallinum), Chickasaw plum (Pmnus angustifolia), tree of heaven (Ailanthus
altissima), and sweetgum. This community is found primarily along Executive Club Lake, along the edge
of the evergreen forest adjacent to South Creek Reservoir, within portions of the ROWs, and various
recently disturbed areas throughout the Project area in an early stage of succession. Shrub -scrub areas are
generally dense and have plant heights up to approximately 15 feet. Blackberry thickets are common
understory species in many of the taller shrub -scrub areas. Approximately 36 acres of herbaceous uplands
are present (3% of the Project area).
3.1.4 Wetlands
Wetlands are areas where water covers the soil or is present either at or near the surface of the soil all year
or for varying periods of time during the year, including during the growing season. Based on field
delineations, approximately 35.9 acres of potentially USACE jurisdictional wetlands are present in the
Project area (SWCA 2022a, 2023). There is additional wetland habitat that is not considered
jurisdictional.
3.1.4.1 PALUSTRINE EMERGENT WETLAND
The emergent wetland communities consist of a prevalence of hydrophytic non -woody vegetation less
than 3 feet in height. Dominant herbaceous species are giant cane (Arundinaria gigantea), bushy bluestem
(Andropogon glomeratus), lamp rush (Juncus effusus), woolgrass (Scirpus cyperinus), lesser poverty rush
(Juncus tenuis), fowl bluegrass (Poa palustris), shallow sedge (Carex lurida), and goldenrod
species. Based on wetland delineations, approximately 4.7 acres of emergent wetlands are present in the
Project area (SWCA 2022a, 2023). Many of the emergent wetlands are along pond and stream edges,
or in small depressional areas where woody vegetation has not developed. Most emergent wetlands are
subject to period inundation rather than permanent flooding.
3.1.4.2 PALUSTRINE FORESTED WETLAND
The forested wetland community consists of a prevalence of hydrophytic woody species over 20 feet tall.
The tree strata are dominated by red maple, American sycamore (Platanus occidentalis), water oak
(Quercus nigra), sugarberry (Celtis laevigata), American elm (Ulmus americana), and American
sweetgum. Based on wetland delineations, approximately 21.7 acres of forested wetlands are present
in the Project area (SWCA 2022a, 2023). Most of the forested wetlands are mature forests with large trees
along streamsides or within flooded areas influenced by human and/or beaver dams. Smaller forested
wetlands are generally associated with the emergence of groundwater on hillsides adjacent to streams and
likely do not have year-round surface water.
11

Federally and State -Listed Species Report for the Kings Mountain Lithium Mine, Cleveland County, North Carolina
3.1.4.3 PALUSTRINE SHRUB -SCRUB WETLAND
The shrub -scrub wetland communities consist of a prevalence of hydrophytic woody vegetation less than
20 feet tall. The shrub -scrub strata are dominated by brookside alder (Alnus serrulata), American
sycamore, black willow (Salix nigra), Chinese privet, and red maple. Based on delineations,
approximately 9.5 acres of palustrine shrub -scrub wetlands are present in the Project area (SWCA 2022a,
2023). Most of the shrub -scrub wetlands in the Project area are in linear depressional areas along the
Gateway Trail or within portions of the Executive Club Lake wetland complex subject to periodic
flooding.
3.2 Federally Listed Species
Species are designated by the USFWS as threatened, endangered, proposed, candidate, or under review
under the ESA. Federally listed threatened and endangered species are protected from "take." Take
is defined as "to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt
to engage in any such conduct." Two federally listed threatened species, one candidate, one proposed, and
one species currently under review were identified in the USFWS Information for Planning and
Consultation resource list (Appendix A) as having potential to occur in the Project area or vicinity
(Table 1). Under the ESA, the USFWS can also propose and designated critical habitats for threatened
or endangered species. There are no USFWS-designated critical habitats for federally listed species within
the Project area (USFWS 2022b, 2023).
Table 1. USFWS Federally Listed Species with Potential to Occur within the Project Area
Common Name
Listed Status
Habitat
Potential to Occur within
(Scientific Name)
Project Area
Northern long-eared bat
Endangered
Summer roosting in trees with loose bark over 3
Very low; not detected during
(Myotis septentrionalis)
inches in diameter, winters in caves, forages in
2022 bat acoustic surveys.
forest understory.
Outside of 2023 revised
geographic range.
Tricolored bat
Proposed
During the spring, summer, and fall (i.e., non-
High; detected during 2022 bat
(Perimyotis subflavus)
endangered
hibernating seasons), it primarily roosts among
acoustic surveys.
live and dead leaf clusters of live or recently
dead deciduous hardwood trees. During winter, it
hibernates in caves, culverts, and abandoned
water wells. Forages both in treetops and closer
to ground.
Little brown bat
Under review
Roosts include trees, buildings, wood piles, and
Low; not detected during 2022
(Myotis lucifugus)
under rocks. Forages around water sources and
bat acoustic surveys.
forest edges.
Monarch butterfly
Candidate
Prairies, meadows, grasslands, and roadsides
Low; very limited suitable
(Danaus plexippus)
with milkweed (Asclepias spp.) and flowering
habitat along utility ROWs;
plants.
individuals not identified during
2022-2023 habitat surveys.
Dwarf -flowered heartleaf
Threatened
Acidic soils along bluffs and adjacent slopes,
Low; suitable habitat observed,
(Hexastylis naniflora)
boggy areas next to streams and creek heads,
however, this species was not
and along slopes of nearby hillsides and ravines.
identified during
Endemic to upper Piedmont of North Carolina
presence/absence surveys in
and South Carolina.
2022.
Source: USFWS (2022b, 2023).
12

Federally and State -Listed Species Report for the Kings Mountain Lithium Mine, Cleveland County, North Carolina
3.2.1 Northern Long -Eared Bat
The range of northern long-eared bat (Myotis septentrionalis) extends throughout most of southern
Canada and the eastern and midwestern United States (excluding parts of the southeast United States); the
species is primarily associated with North American forests (USFWS 2015). Foraging occurs over open
fields near caves and forests where the bats roost (USFWS 2015). Caves and mines are used for winter
hibernation (November 15—March 31), and the bats require very high humidity associated with selected
hibernacula. Fall swarming occurs within 5.0 miles of hibernacula from October 15 through November
14. After hibernation, the bats are found in wooded or semi -wooded habitats for the remainder of the year
(April 1—October 14 in North Carolina) (USFWS 2023). The northern long-eared bat uses crevices and
loose bark on trees (>3.0 inches in diameter at breast height) for roosting, although it is considered to be
opportunistic (USFWS 2015). Northern long-eared bat populations are declining due primarily to white -
nose syndrome.
Northern long-eared bats are not likely to hibernate in the Project area because of the lack of suitable
habitat (i.e., no caves or mines). The northern long-eared bat was not detected during the summer 2022
acoustic bat surveys (SWCA 2022b).
The USFWS has recently reclassified the northern long-eared bat from threatened to endangered, which
took effect on March 31, 2023 (87 Federal Register 73488). The species' range map was also updated
at that time and the Project area is now outside of the southeastern edge of the known range of the
northern long-eared bat, although it was considered within range at the time of the 2022 survey. Since the
species was not detected and the Project area is outside of the species current range, the potential for this
species to occur is considered very low. Survey results are valid for 5 years.
3.2.2 Tricolored Bat
Tricolored bats (Perimyotis subflavus) are on the decline from white -nose syndrome in North Carolina.
Whereas they used to be common from the mountains to the coastal plain, they are now common only
in patches and uncommon everywhere else. Some tricolored bats may migrate long distances, but most
retreat to caves and mines to mate (mid -August to mid -October) and then hibernate for winter (mid -
October to spring) (USFWS 2021). In the spring and summer, tricolored bats can be found in a variety
of habitats, from woodlands to small towns and farms, though usually not in heavily populated areas.
They may roost in trees or sometimes in old buildings, culverts, or tunnels. Tricolored bats roost in
foliage of live trees and may form small maternity colonies during the pup -rearing season (May 1— July
31) (North Carolina Bat Working Group 2013). The smallest bat in North America, the tricolored bat flies
slowly in the evening to forage over openings, water, and farm fields.
Due to its decline from white -nose syndrome, tricolored bats are considered "rare or uncommon" in North
Carolina. Tricolored bats have not been previously documented in Cleveland County; however, variable
survey efforts are likely to contribute to lacking records (LeGrand et al. 2022; NCNHP 2022b). In
September 2022, the USFWS proposed to list the tricolored bat as an endangered species in response to
observed population declines resulting primarily from white -nose syndrome (Federal Register 87:56381).
A final decision regarding the listing status of the species is expected in the fall of 2023. The tricolored
bat was detected at 13 of the 15 detector locations during the acoustic bat surveys for a total of 1,031 calls
recorded over the 99 valid detector nights (Figure 6) (SWCA 2022b). Detectors at the other two locations
(KING 2 and KING 15) experienced equipment malfunction and did not record data. Approximately 36%
of the total calls were recorded at KING 7 next to No. 1 Mill Pond, 15% at KING 9 near the mine pit
waterbody, and 13% at KING 6 near South Creek Reservoir (Table 2) suggesting they use the
waterbodies in the Project area for foraging.
13

Federally and State -Listed Species Report for the Kings Mountain Lithium Mine, Cleveland County, North Carolina
Table 2. Acoustic Tricolored Bat Survey Detections
Location
Location Description
Percent of Total Detections
KING 1
Near Executive Club Lake
5%
KING 2
Along Kings Creek
0% (equipment malfunction)
KING 3
Forested area in proximity to South Creek tributaries
12%
KING 4
Off -site forested habitat
11 %
KING 5
Off -site forested habitat
1 %
KING 6
Near South Creek Reservoir
13%
KING 7
Next to No. 1 Mill Pond
36%
KING 8
Open area near small pond
<1%
KING 9
Off -site forested in proximity to the mine pit
15%
KING 10
Off -site forested habitat
3%
KING 11
Near South Creek Reservoir
<1%
KING 12
Near Mud Pond 1
1%
KING 13
South side of the mine pit
<1%
KING 14
Off -site forested habitat
1%
KING 15
Along Kings Creek
0% (equipment malfunction)
14

Federally and State -Listed Species Report for the Kings Mountain Lithium Mine, Cleveland County, North Carolina
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15

Federally and State -Listed Species Report for the Kings Mountain Lithium Mine, Cleveland County, North Carolina
3.2.3 Little Brown Bat
The little brown bat (Myotis lucifugus) has a widespread range in North America from Alaska —Canada
boreal forests south through most of the contiguous United States and into central Mexico (USFWS
2022e). In the winter (October to mid -March), little brown bats primarily hibernate in caves and cave -like
structures (NatureServe 2022). In spring and summer, they can be found in trees, artificial structures, and
bat houses, and under rocks and in piles of wood. Foraging habitat includes areas with streams and other
bodies of water, particularly in woodlands near water. In September and October these bats swarm and
mate near their winter hibernating sites.
This species was once abundant but has declined, particularly in eastern North America, due to white -
nose syndrome. The USFWS is currently reviewing the status of the little brown bat as a result of these
described threats. The little brown bat was not detected during the acoustic bat surveys (SWCA 2022b).
3.2.4 Dwarf -Flowered Heartleaf
The federally threatened dwarf -flowered heartleaf is a perennial woodland herb generally found in acidic
soils along bluffs and adjacent slopes, in boggy areas next to streams and headwaters, and along the
slopes of nearby hillsides and ravines (USFWS 2017). This plant is usually associated with mountain
laurel (Kalmia latifolia) or American pawpaw (Asimina triloba) (Krings et al. 2021). The flowering
period is March 1 through May 31.
Approximately 18 acres of potentially suitable habitat for the dwarf -flowered heartleaf are present in the
Project area consisting of forested slopes adjacent to stream sides. SWCA botanists conducted
presence/absence surveys within 13 acres of the potentially suitable habitat on May 2-5, 23, and 24, 2022.
Several populations of the little heartleaf (Hexastylis minor), a common Hexastylis species, were
observed during the surveys. No dwarf -flowered heartleaf individuals were observed (SWCA 2022e).
The remaining 5 acres of suitable habitat will be surveyed in 2024 during the flowering period (Figure 7).
3.2.5 Monarch Butterfly
The monarch butterfly is a candidate for listing across most of the United States and is known to occur
within North Carolina during migration from its overwintering habitat in Mexico. The USFWS is
anticipated to determine whether the monarch butterfly should be listed under the ESA in 2024. Monarch
breeding habitat includes agricultural fields; pastureland; prairie remnants; and urban and suburban
residential gardens, trees, and roadsides. This species is highly dependent on the presence of milkweed for
breeding and a diversity of flowering nectar plants for foraging (Monarch Joint Venture 2022; USFWS
2020, 2022f). Unsuitable habitat includes areas such as grasslands dominated by invasive grass species,
or woody thickets too dense to support herbaceous flowering vegetation.
In spring and summer 2022 and summer 2023, approximately 38 acres of potential monarch butterfly
habitat were surveyed to assess the suitability of the habitat for monarch (SWCA 2022d). Surveys focused
on utility ROWS that may provide open herbaceous habitat with nectar plants. Butterfly milkweed
(Asclepias tuberosa) and common milkweed (Asclepias syriaca) were observed during summer surveys,
but these host plants were generally uncommon with sparse distribution where observed. Many of the
areas surveyed were densely populated with blackberry (Rubus spp.) and other shrubs and lacked the
open, herbaceous habitat preferred by monarch butterflies. Overall, 27 acres were low quality and
11 acres were moderately suitable for monarch (Figure 8). Based on the data review and field
reconnaissance, the potential for monarch butterflies to occur within the Project area is low due to the
limited quantity and quality of the habitat. No monarch individuals were observed during surveys.
16

Federally and State -Listed Species Report for the Kings Mountain Lithium Mine, Cleveland County, North Carolina
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17

Federally and State -Listed Species Report for the Kings Mountain Lithium Mine, Cleveland County, North Carolina
ALBEMARLE KINGS MOUNTAIN MINE
Monarch Butterfly
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Law
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Figure 8. Monarch butterfly habitat survey areas.
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m

Federally and State -Listed Species Report for the Kings Mountain Lithium Mine, Cleveland County, North Carolina
3.3 State -Listed Species
3.3.1 Regulatory Background
In North Carolina, endangered, threatened, and special concern fauna (referred to as "state -listed" in this
report) are protected by the NCWRC under the North Carolina Endangered Species Act of 1987; flora are
protected by the North Carolina Plant Conservation Program under the North Carolina Plant Protection
and Conservation Act of 1979. The Acts also state that they do not limit the rights of a landowner in the
lawful management of his/her land. Generally, state -listed plants are protected from collection, selling,
and poaching on private property without permission from the property owner and a permit from the
North Carolina Department of Agriculture and Consumer Services. Overall, state -listed plants and
animals receive little protection on private land.
State endangered species are those determined by the NCWRC to be in jeopardy. State threatened species
are likely to become an endangered species within the foreseeable future throughout all or a significant
portion of its range. State special concern species are determined by the NCWRC to require monitoring
but may be taken under adopted regulations. Significantly rare designations indicate rarity and need for
population monitoring and conservation action. Significantly rare is a non -regulatory NCNHP
designation, and species are not legally protected but have been included in the assessment below.
3.3.2 Species List
The list of state -listed species for Cleveland County was reviewed to assess whether the species have
potential to occur in the Project area (Table 3) (NCNHP 2022a, 2022b, 2023). Five species are considered
historical in the county, which, according to NCNHP, are species either extirpated that have not been
found in recent surveys, or that have not been surveyed recently enough to be confident they are still
present, but there is still some expectation that the species may be rediscovered. Occurrences are regarded
as historical after 20 to 40 years depending on the species and the amount of habitat alteration in the area.
A county status of "historical" in Table 3 should not be regarded as a definitive statement that the species
is gone from the county, but rather, indicates that its continued existence is uncertain.
According to occurrence records provided by NCNHP (2022a, 2022b, 2023), no state -listed threatened,
endangered, or special concern plant or animal species have been identified within the Project area
(Appendix B). Four state -listed species have been observed approximately 1 mile or more from the
project area within Crowder Mountain State Park: timber rattlesnake (Crotalus horridus), Carolina pygmy
rattlesnake (Sistrurus miliarius miliarius), dwarf juniper (Juniperus communis var. depressa), and bear
oak (Quercus ilicifolia). Oldfield deermouse (Peromyscus polionotus) was observed within 1 mile of the
Project area in 1977 and its status is considered historical.
Table 3. State -listed Species for Cleveland County and their Potential to Occur
Common Name
Scientific Name
State Listing
Status
County
Status
Potential to Occur
Birds
Bald eagle
Haliaeetus
leucocephalus
Threatened
Current
Very low; lack of rivers and lakes.
Loggerhead shrike
Lanius ludovicianus
Special Concern
Current
Low; lack of open lands.
Barn owl
Tyto alba
Special Concern
Current
Low; lack of open lands.
19

Federally and State -Listed Species Report for the Kings Mountain Lithium Mine, Cleveland County, North Carolina
Common Name
Scientific Name
State Listing
County
Potential to Occur
Status
Status
Mammals
Oldfield deermouse
Peromyscus polionotus Special Concern
Historical
Very low; last observed in 1977 and lack of
habitat.
Northern long-eared
Myotis septentrionalis
Threatened
Current
Very low; not identified during 2022 bat acoustic
bat
surveys. Outside of 2023 revised range
boundary.
Little brown bat
Myotis lucifugus
Significantly Rare
Current
Low; not detected during 2022 bat acoustic
surveys.
Reptiles
Timber rattlesnake
Crotalus horridus
Special Concern
Current
Low; recorded over 1 mile from Project, but lack
of suitable habitat.
Carolina pygmy
Sistrurus miliarius
Special Concern
Historical
Low; recorded over 1 mile from Project in 1990,
rattlesnake
miliarius
and limited suitable habitat.
Crustaceans
Carolina foothills
Cambarus johni
Significantly Rare
Current
Low; not detected during 2022 aquatic surveys.
crayfish
Broad River stream
Cambarus lenati
Significantly Rare
Current
Low; not detected during 2022 aquatic surveys.
crayfish
Broad River spiny
Cambarus spicatus
Special Concern
Current
Low; not detected during 2022 aquatic surveys.
crayfish
Fish
Carolina quillback
Carpiodes sp. cf.
Significantly Rare
Current
Very low; not detected during 2022 aquatic
cyprinus
surveys.
Seagreen darter
Etheostoma
Significantly Rare
Current
Low; not detected during 2022 aquatic surveys.
thalassinum
Mollusks
Dwarf threetooth
Triodopsis fulciden
Special Concern
Current
Low; not known to occur in the vicinity.
Plants
American
Celastrus scandens
Endangered
Current
Low; potential habitat observed, but not
bittersweet
identified during 2022 presence/absence
surveys.
Smooth sunflower
Helianthus laevigatus
Special Concern —
Historical
Low; potential habitat observed, but not
Vulnerable
identified during 2022 presence/absence
surveys.
Dwarf -flowered
Hexastylis naniflora
Threatened
Current
Low; potential habitat observed, but not
heartleaf
identified during 2022 presence/absence
surveys.
Dwarf juniper
Juniperus communis
Threatened
Current
Low; recorded 1.1 miles east, but lack of
var. depressa
suitable habitat.
Rough blazing -star
Liatris aspera
Special Concern —
Historical
Low; no basic soils with high pH present.
Vulnerable
Spotted phacelia
Phacelia maculata
Endangered
Current
Low; lack of rivers, not near known occurrences.
Dwarf chinquapin
Quercus prinoides
Endangered
Historical
Very low; lack of suitable rocky slope habitat,
oak
historical.
Bear oak
Quercus ilicifolia
Endangered
Current
Low; recorded over 1 mile from Project, not
known in Cleveland County, lack of suitable
habitat.
Pursh's wild petunia
Ruellia purshiana
Special Concern —
Current
Very low; lack of suitable habitat, very rare in
Vulnerable
the southwestern Piedmont.
Sources: NCNHP (2022a, 2022b, 2023)
i

Federally and State -Listed Species Report for the Kings Mountain Lithium Mine, Cleveland County, North Carolina
3.3.2.1 BALD EAGLE
The bald eagle (Haliaeetus leucocephalus) is one of the largest raptors in North America and was listed
under the ESA until 2007. The eagle is still federally protected under the Migratory Bird Treaty Act and
the Bald and Golden Eagle Protection Act. The bald eagle prefers habitat near lakes, large rivers, and
shorelines of sounds and bays (NCWRC 2022). It perches and nests in tall, isolated trees. Nests can be
up to 8 feet wide and 20 feet deep. Pairs often return to the same nest each year and layer new nest
material over the old.
The bald eagle has a very low potential to nest in the Project area or vicinity. There are no bald eagle
nests present within the Project area. According to the NCWRC (personal communication, Clint Barden,
Biologist, NCWRC, with Simon King, SWCA Environmental Consultants, July 29, 2022), the closest
nesting pair was documented in 2021 at Moss Lake approximately 6.5 miles northwest of the Project area.
According to the eBird database, there are no records within the Project area and a low (0%-10%)
frequency of reporting in the Kings Mountain area (eBird 2022). There is a low probability of bald eagles
to forage at the lakes and reservoir in the Project area and bald eagles could occasionally fly over, but
no eagles have been observed during the 2022 or 2023 biological surveys.
3.3.2.2 LOGGERHEAD SHRIKE
The loggerhead shrike (Lanius ludovicianus) is a songbird that inhabits large open areas with short
vegetation and well -spaced shrubs or low trees, particularly those with spines or thorns (Cornell Lab
of Ornithology 2019). They frequent agricultural fields, pastures, old orchards, riparian areas, desert
scrublands, savannas, prairies, golf courses, and cemeteries. Loggerhead shrikes are often seen along
mowed roadsides with access to fence lines and utility poles, which they use for viewing prey when
foraging. Populations are declining, likely due to changes in agricultural practices and the use of certain
pesticides (NCWRC 2020).
The NCWRC (2022) states that this species can be "locally fairly common" in Cleveland County, likely
due to the high amount of agricultural land in the county, where this species has open fields and fences
to support its behavior. However, according to the eBird database, there are no records within the Project
area and a low (00/o-2%) frequency of reporting in the Kings Mountain area (eBird 2022). The Project
area lacks open fields, and potential habitat is limited to the ROWS with open habitat for foraging and
utility poles for perching. No loggerhead shrikes were observed during the 2022 or 2023 biological
surveys. Therefore, this species is not expected to occur.
3.3.2.3 BARN OWL
Barn owls (Tyto alba) generally occur in open rural areas with farmland and where there are barns
or abandoned buildings for nesting (Cornell Lab of Ornithology 2019; NCWRC 2022). They also nest
in woodland areas or within city limits where there are good open areas for foraging, although this is less
typical. This species likely occurs in parts of Cleveland County considering the high amounts of
agricultural land. The recent population decline is attributed to habitat loss due to changes from
agriculture and open land to urban developed land.
According to the eBird database, there are no records within the Project area and a low (0%-2%)
frequency of reporting in the Kings Mountain area (eBird 2022). The Project area lacks large open areas
for hunting. The Project area is largely forested, and the open areas that do exist are mainly disturbed
areas associated with the mine. No barn owls were observed during 2022 or 2023 biological surveys;
however, this species is mostly active at night. Overall, the barn owl has a low potential to occur.
21

Federally and State -Listed Species Report for the Kings Mountain Lithium Mine, Cleveland County, North Carolina
3.3.2.4 OLDFIELD DEERMOUSE
The oldfield deermouse is a burrowing species that strongly favors sandy soils in brushy and weedy
grasslands and fields (LeGrand et al. 2022). This species can occur along the sandy borders of cultivated
fields, as well as overgrown sites. The oldfield deermouse tends to avoid wet habitats and forests. The
oldfield deermouse can be locally common in South Carolina but is rare in North Carolina.
According to the Cleveland County inventory, this rare species has been confirmed only from Rutherford
County and from evidence of its distinctive mounds along the median of I-85 in southeastern Cleveland
County in 1977 (NCNHP 2003, 2022a, 2023). The Project area lacks the grasslands and weedy fields with
sandy soils preferred by this mouse. Due to its historic status and lack of suitable habitat in the Project
area, the oldfield deermouse is not expected to be present. No species -specific surveys were conducted.
3.3.2.5 NORTHERN LONG-EARED BAT
See Section 3.2.1.
3.3.2.6 LITTLE BROWN BAT
See Section 3.2.3.
3.3.2.7 TIMBER RATTLESNAKE
The timber rattlesnake is a large venomous snake that feeds on rodents and birds. Most timber
rattlesnakes rely on their camouflage for protection and are reluctant to rattle or bite (NC Partners
in Amphibian and Reptile Conservation 2022). In North Carolina, this snake is most common in the
mountains and the Coastal Plain. Their populations are declining due to agriculture and development.
Timber rattlesnakes are often found in wooded rocky hillsides or in mature hardwood forests with many
downed logs and a layer of leaves and humus. This species is difficult to observe in the field due to its
secretive nature, strong camouflage abilities, and generalized habitat.
Timber rattlesnake has not been recorded in the Project area but was observed over 1 mile away at
Crowders Mountain State Park in 2019 (NCNHP 2003, 2022b). The state park contains suitable timber
rattlesnake habitat, including numerous rock outcroppings with surrounding forests. Based on habitat
suitability, there is a low potential for this snake to occur in the Project area where there are waste rock
piles with forest canopy. However, the Project area generally lacks the exposed rock outcroppings with
surrounding mature forests the snake prefers. No timber rattlesnakes were observed during the 2022
or 2023 biological surveys that included a diversity of habitats such as mature forests and floodplains.
However, species -specific presence/absence surveys were not conducted because the secretive nature
of the species makes the snake difficult to detect, likely leading to inconclusive results.
3.3.2.8 CAROLINA PYGMY RATTLESNAKE
The Carolina pygmy rattlesnake is the smallest species of rattlesnake in the United States. In North
Carolina, this snake is found in pine flatwoods, pine/oak sandhills, and other pine/oak forests in the
southeastern Coastal Plain and Sandhills (NC Partners in Amphibian and Reptile Conservation 2022).
The Carolina pygmy rattlesnake is very rare in the Piedmont but has been observed on dry, rocky
locations in the Crowders Mountain/Kings Mountain area.
The Project area generally lacks the dry, rocky habitat that this species is known to use in the Piedmont.
There are historic (1990s) observations at Crowders Mountain State Park, but dry rocky habitat, steep
slopes, and higher elevations are very limited in the Project area and this snake is not expected to occur.
22

Federally and State -Listed Species Report for the Kings Mountain Lithium Mine, Cleveland County, North Carolina
No Carolina pygmy rattlesnakes were observed during the 2022 or 2023 biological surveys; however,
no species -specific surveys were conducted.
3.3.2.9 CAROLINA FOOTHILLS CRAYFISH
The Carolina foothills crayfish (Cambarus johni) in known only from headwater streams in the Yadkin -
Pee Dee, Catawba, and Broad River Basins of the Blue Ridge Foothills and Upper Piedmont Plateau
(NCWRC 2022). Streams are typically 3 to 4 meters wide with sandy substrates, beneath undercut banks,
and in leaf packs and root wads. Threat and trends have not been assessed, but the species' wide range
is indicative of a secure status for a state endemic species (NatureServe 2022).
The upper reaches of Kings Creek and South Creek and larger streams east of the Project boundary have
potential suitable habitat. However, both Kings Creek and South Creek have upstream industrial or
residential development, which generally reduces crayfish diversity abundance (NatureServe 2022). This
species was not found within Kings Creek or other waterbodies surveyed during the 2022 aquatic
assessment (SWCA 2022e).
3.3.2.10 BROAD RIVER STREAM CRAYFISH
The Broad River stream crayfish (Cambarus lenati) occurs in small to medium streams in the Broad
River drainage. This species is found only in the headwaters of the First Broad River subdrainage, which
is in the northern portion of the river basin (NCNHP 2003; NCWRC 2022). It is not known to occur in the
Kings Creek subdrainage. This species was not found within Kings Creek or other waterbodies surveyed
during the 2022 aquatic assessment (SWCA 2022e).
3.3.2.11 BROAD RIVER SPINY CRAYFISH
The Broad River spiny crayfish (Cambarus spicatus) occurs in small to medium streams with debris
in the channel and along margins (NCWRC 2022). It is known to occur in the First Broad River and
North Pacolet subdrainages of the Broad River drainage, which are west of the Project area (NCNHP
2003; NCWRC 2022). It is not known to occur in the Kings Creek subdrainage. This species was not
found within Kings Creek or other waterbodies surveyed during the 2022 aquatic assessment (SWCA
2022e).
3.3.2.12 CAROLINA QUILLBACK
The Carolina quillback (Carpiodes cyprinus) is restricted to the Broad, Catawba, and Yadkin River
Basins. This species is found in warm, low- to moderate -gradient reaches of most major rivers, including
upper portions of associated reservoirs (South Carolina Department of Natural Resources 2015a). The
Project area lacks the large, deep, and slow -moving streams and rivers preferred by this species, and
therefore, this species is not expected to be present. This species was not found within Kings Creek
or other waterbodies surveyed during the 2022 aquatic assessment (SWCA 2022e).
3.3.2.13 SEAGREEN DARTER
The seagreen darter (Etheostoma thalassinum) is endemic to North Carolina and South Carolina and
is restricted to the Broad and Catawba River Basins. This species is found in rock, rubble, or gravel riffles
in large creeks and rivers with moderate to swift currents (South Carolina Department of Natural
Resources 2015b). Within the Project area, this species has a low potential to occur in the upper portions
of Kings Creek and South Creek. This species was not found within Kings Creek or other waterbodies
surveyed during the 2022 aquatic assessment (SWCA 2022e).
23

Federally and State -Listed Species Report for the Kings Mountain Lithium Mine, Cleveland County, North Carolina
3.3.2.14 DWARF THREETOOTH
The dwarf threetooth (Triodopsis fulciden) is a small terrestrial snail species. It is endemic to North
Carolina in the southwestern Piedmont in Burke, Catawba, Cleveland, and Lincoln Counties (NatureServe
2022). There is little information available about this species due to lack of research. Based on the very
broadly defined habitat (NCNHP 2020), suitable habitat is potentially present in the more dense, moist
forests along South Creek. No species -specific surveys were conducted due to lack of information on this
species.
3.3.2.15 AMERICAN BITTERSWEET
American bittersweet is a high -climbing or sprawling woody vine reaching 30 feet. Habitat includes
woodlands, stream banks, rocky hillsides, thickets, fence rows, and roadsides. In North Carolina, the
species is typically only found on moist slopes with rich soils over mafic rocks in mesic and rich cove
forests. Mafic rocks are igneous rocks with a high content of magnesium, iron, and often calcium that
typically weather into deeper, higher -pH (less acidic) soils that can be rich and productive (U.S. Forest
Service 2022). It generally does not grow along forested borders where the invasive Asiatic bittersweet
(Celastrus orbiculatus) grows. The native American bittersweet is being replaced in the northeastern
United States by the more aggressive Asiatic bittersweet, which has escaped from cultivation (University
of Texas 2012). Potentially suitable habitat is present along the upper portions of South Creek and
a tributary. The flowering period is May through June, but this plant can be identified by its showy scarlet
fruit in the fall.
From October 24 through 28, 2022, SWCA biologists conducted surveys within 8 acres of potential
habitat to confirm the presence or absence of American bittersweet in potential suitable habitat (Figure 9).
An additional 5 acres of potential habitat were surveyed during the flowering/fruiting period in August
2023. No American bittersweet was observed during the 2022 and 2023 surveys. The invasive Asiatic
bittersweet was observed along some forested edges of the Gateway Trail on the Project area, south of
I-85. The bittersweet observed had five or greater seeds per fruit, broadly obovate leaves, and fruits
scattered along the branches, which are all characteristics of Asiatic bittersweet, not American bittersweet
(LeGrand et al. 2022; USGS 2007). Based on the surveys, it is unlikely the American bittersweet is
present within the Project area.
24

Federally and State -Listed Species Report for the Kings Mountain Lithium Mine, Cleveland County, North Carolina
A:,R$M.AP LE KINGS MOUNTAIN MINE
Smooth
Sunflower and
American
Bittersweet
Survey Areas
2022 American Bittersweet Habitat
Survey Area
2022 Smooth Sunflower Habitat Survey
Area
3 2023 American Bittersweet Habitat
Survey Area
=� 2023 Smooth Sunflower Habitat Survey
Area
Q Project Boundary
Cleveland County, INC
USG5 7.5' Quadrangle,
Kings Mountain, NC, 35081-83
NAD 1983 UTM Zone 17N
35,2156°N 81,3534'W
Base AWp: ESRI AM60l Orrh-,
accessed August M3
Updalad: SW2023
Project Ne. 70316
Layaul: 70316_Sunfi weir
Apra 70316_TE_Species _2023
Figure 9. Smooth sunflower and American bittersweet survey areas.
❑ I nno-
0 250 J
N 1 n NC
1:24,OOO
SWCA
LM/ILOMMMAL CONSULTWrrS
25

Federally and State -Listed Species Report for the Kings Mountain Lithium Mine, Cleveland County, North Carolina
3.3.2.16 SMOOTH SUNFLOWER
Smooth sunflower occurs locally in Maryland, West Virginia, Virginia, western North Carolina, and
northern South Carolina. Although smooth sunflower has a somewhat restricted range, it is abundant
in glades, barrens, and along roadsides within that range, especially in Virginia (NatureServe 2022).
In North Carolina and South Carolina, all occurrences are in disturbed areas on slate -derived soils. The
principal threats to this species are fire suppression, succession to woody species, and invasion by exotic
plant species. Other threats include development, herbicide use, and mowing during the flowering and
growing seasons. This sunflower has a potential to occur in suitable habitat along woodland edges and
within the existing ROWS. This plant grows up to 7 feet tall and flowers from August through November.
From October 24 through 28, 2022, SWCA biologists conducted surveys within 61 acres of potentially
suitable habitat to confirm the presence or absence of smooth sunflower (see Figure 9). An additional
11 acres of potential habitat were surveyed during the flowering/fruiting period in August 2023. Habitats
surveyed included both open and dense ROWS, and open areas adjacent to on -site roads and the Gateway
Trail. No smooth sunflower individuals were observed during the 2022 and 2023 surveys. Another
Helianthus species, the small wood sunflower (Helianthus microcephalus) was observed in a few areas
within ROWS and along the edges of the Gateway Trail. The observed Helianthus species had longer leaf
stalks (> 1 centimeter, typically 1-3 centimeters) and lacked the typical "rubbery" texture of H. laevigatus
(LeGrand et al. 2022). Based on the surveys, it is unlikely the smooth sunflower is present within the
Project area.
3.3.2.17 DWARF -FLOWERED HEARTLEAF
See Section 3.2.4.
3.3.2.18 DWARF JUNIPER
The dwarf juniper (Juniper communis) is a low -spreading, evergreen shrub, with bluish berry -like fruits
and no flowers. This species is widely distributed throughout the United States; however, it is rare and
local in the southwestern Piedmont, where it occurs only in a restricted set of habitats (very dry west -
facing slopes). The variety in North Carolina (Juniper communis var. depressa) is found in thin, rocky
soils on slopes around granitic domes and rocky summits (LeGrand et al. 2022). Dwarf juniper is
susceptible to juniper blight.
Dwarf juniper was recorded 1.1 miles east of the Project area at Crowder Mountain State Park in 2003
and 2018 (NCNHP 2022a, 2022b, 2023). This is one of only three populations known in the state
(NCNHP 2003). The Project area lacks the required rocky slope habitat, and this species is not expected
to be present in the Project area. No species -specific surveys were conducted due to lack of suitable
habitat.
3.3.2.19 ROUGH BLAZING -STAR
Rough blazing -star (Liatris aspera) is found in dry soil of prairies and plains, openings in rocky
woodlands, and along power lines and roadsides through these habitats. This species prefers basic soils
with high pH (LeGrand et al. 2022). This flower is rare in the southwestern Piedmont. It is found in dry
and often rocky places in the southwestern part of the state (LeGrand et al. 2022). All recorded
occurrences in Cleveland County are either extirpated, have not been found in recent surveys, or have not
been surveyed recently enough to be confident they are still present. Rough blazing -star has lavender
flowers from August through September and fruits starting in early October.

Federally and State -Listed Species Report for the Kings Mountain Lithium Mine, Cleveland County, North Carolina
The Project area contains acidic soils (MRCS 2022), which are unlikely to support this species.
The Project area also generally lacks open, dry habitats. Therefore, rough blazing -star is not expected
to be present. No species -specific surveys were conducted due to lack of suitable habitat.
3.3.2.20 SPOTTED PHACELIA
The spotted phacelia (Phacelia maculata) is an annual herb found in granite flatrocks and bottomland
openings that flowers in April. The spotted phacelia is moderately widespread from south—central North
Carolina south to Georgia and west to Mississippi. It is most abundant in the southwestern part of its
range and very rare in North Carolina (NatureServe 2022). There are only two known occurrences
in North Carolina along a river in Cleveland County, where it occurs in openings in bottomland forests
(LeGrand et al. 2022). The source does not state the location or which river it is located along; however,
it is restricted to undisturbed outcrops. This plant is not expected to be present in the Project area as it is
considered very rare and there is a lack of suitable habitat. No species -specific surveys were conducted
due to lack of suitable habitat.
3.3.2.21 DWARF CHINQUAPIN OAK
The dwarf chinquapin oak (Quercus prinoides) is a deciduous shrub, typically 5 to 6 feet tall (LeGrand et
al. 2022). It grows in dry or mesic edge or opening habitat in acidic soils. Most records are from dry
acidic slopes with openings or other early successional vegetation, often with rocky areas. This species is
very rare and strongly declining in the Piedmont. Declines are likely due to fire suppression. All recorded
occurrences in the county are from the 1950s, and this species has not been found in recent surveys
(NCNHP 2003). Therefore, it is considered historic in Cleveland County. The Project area lacks rocky
slopes other than the waste rock piles and the potential for dwarf chinquapin oak to occur in these areas is
very low. No species -specific surveys were conducted due to lack of suitable habitat and this species'
historical status.
3.3.2.22 BEAR OAK
Bear oak is a small deciduous tree, typically only reaching 15 to 20 feet tall. These trees are typically
found as scattered individuals or very small stands (LeGrand et al. 2022). In North Carolina it is restricted
to thin, dry, acidic soils near the highest elevations of a ridge or mountain. Bear oak is not known to occur
in Cleveland County but has been recorded over 1 mile from the project area at higher elevations in
Crowder Mountain State Park in 2003 (NCNHP 2022a, 2022b). The populations in the park are
experiencing shading from competing vegetation leading to declines from competition with other woody
species (NCNHP 2003). The Project area lacks suitable rocky outcrop, mountainous habitat, and bear oak
is not expected to be present in the Project area. According to LeGrand et al. (2022), it is unlikely new
sites will be discovered for this species. No species -specific surveys were conducted due to lack of
suitable habitat.
3.3.2.23 PURSH'S WILD PETUNIA
Pursh's wild petunia (Ruellia purshiana) is a perennial herb restricted to dry to somewhat mesic, high -pH
soil in partly shaded conditions (LeGrand et al. 2022). It favors glades and barrens, woodland borders,
open woods, and other similar sites. In the Piedmont, this species blooms in May. There are disturbed
areas on the main site north of 1-85 that are relatively similar to the barren, open forest habitat preferred
by this species. However, based on field observation of that area, it would be unlikely to support this
plant. Soils within the Project area are acidic, ranging from 4.6 to 6.2 pH (MRCS 2022). Therefore, this
species is not expected to be present in the Project area. No species -specific surveys were conducted due
to lack of suitable habitat.
27

Federally and State -Listed Species Report for the Kings Mountain Lithium Mine, Cleveland County, North Carolina
4 SUMMARY AND CONCLUSIONS
No federally listed species have been identified within the Project area. The northern long-eared bat was
not detected during acoustic surveys, and the Project area is now just outside of its range which was
updated in 2023. Although suitable habitat is present, the dwarf -flowered heartleaf was not identified
during 2022 presence/absence surveys. Additional dwarf -flowered heartleaf surveys will occur in spring
2024. The limited potential monarch butterfly habitat within the Project area is mostly low quality and
there is little milkweed present to support this species.
Timber rattlesnake, American bittersweet, and smooth sunflower are state -listed species that have
potential to occur based on suitable habitat. However, surveys in 2022 and 2023 did not find American
bittersweet or smooth sunflower to be present. Surveys were not conducted for timber rattlesnake due
to the lack of predictive survey areas within the Project area (e.g., rock outcrops) and the secretive nature
of the species. However, numerous biological surveys were conducted throughout a diversity of habitats
(e.g., forests, floodplains) in the Project area during various seasons in 2022 and 2023, and no timber
rattlesnakes were observed. Therefore, it is unlikely for this species to be encountered during Project
activities. All other state -listed species have a low or very low potential to occur, primarily due to lack
of suitable habitat.
Tricolored bat, a habitat generalist, was detected throughout the Project area during acoustic surveys. This
bat is not currently state or federally listed, but the USFWS has proposed listing this species as
endangered under the ESA. Development within the Project area would impact forested habitat used
by this species and other bats during the summer season. Recommended management practices that may
be beneficial to all bat species include minimizing forest clearing, avoiding impacts to large and intact
contiguous forested blocks, and avoiding impacts to water quality by limiting stream/wetland impacts and
implementing erosion and sediment controls along waterways. Additionally, revegetating with native
grassland species using a pollinator mix could promote prey diversity and abundance, which would also
benefit other wildlife such as monarch butterflies.
USFWS has not yet provided any guidance for tricolored bat. Should the tricolored bat become listed
as endangered, consultation with the USFWS is recommended to determine suitable measures, such
as habitat conservation or enhancement, to address any potential adverse effects. The tricolored bat
is expected to be present in the Project area from April through October. As a forest -dwelling species,
there is risk of direct mortality if occupied roost trees are removed during a time when they are occupied.
Because the species is a habitat generalist that typically roosts in foliage of living trees, it is difficult
to determine specific roost trees. Avoiding the removal of forested habitat from April through October
is likely to avoid the potential for direct mortality, and habitat modification at a small scale is unlikely
to result in harm to individuals.

Federally and State -Listed Species Report for the Kings Mountain Lithium Mine, Cleveland County, North Carolina
5 LITERATURE CITED
Cornell Lab of Ornithology. 2019. All About Birds. Cornell Lab of Ornithology, Ithaca, New York.
Available at: https://www.allaboutbirds.org. Accessed August 2022.
eBird. 2022. eBird: An online database of bird distribution and abundance. Ithaca, New York: Cornell
Lab of Ornithology. Available at: http://www.ebird.org. Accessed August 2022.
EDR. 2023. The EDR Aerial Photograph Decade Package. Years 1950, 1956, 1961, 1964, 1973, 1976,
1984, 1994, 1999, 2006, 2009, 2012, 2016, and 2020. Aerial Photographs provided to SWCA
Environmental Consultants on August 16, 2023.
Historic Aerials. 2023. Historic Aerial Map Viewer for Kings Mountain. Years 1956, 1971, 1973, 1984,
and 1994. Available at: https:Hhistoricaerials.com/viewer. Accessed August 2023.
Krings, A., S. Goyette, D. Suiter, and M. Samuels. 2021. Rare plants of North Carolina. Available at:
https://herbarium.ncsu.edu/rare/. Accessed April 2022.
LeGrand, H., L. Gatens, E. Corey, and T. Howard. 2022. Mammals of North Carolina: their Distribution
and Abundance. Raleigh: North Carolina Biodiversity Project and North Carolina State Parks.
Available at: https://authl.dpr.ncparks.gov/mammals/accounts.php. Accessed August 2023.
LeGrand, H., B. Sorrie, and T. Howard. 2022. Vascular Plants of North Carolina. Raleigh: North Carolina
Biodiversity Project and North Carolina State Parks. Available at:
https://authl.dpr.ncparks.gov/flora/index.php. Accessed August 2022.
Monarch Joint Venture. 2022. Monarch Habitat Evaluator. Available at:
https://monarchjointventure.org/mjvprograms/science/roadside-habitat-for-monarchs. Accessed
August 2023.
Natural Resources Conservation Service (MRCS). 2018. Field Indicators ofHydric Soils in the United
States, Version 8.2, edited by J.F. Berkowitz, G.W. Hurt, and L.M. Vasilas. Natural Resources
Conservation Service in cooperation with the National Technical Committee for Hydric Soils.
Available at: https://www.nres.usda.gov/sites/default/files/2022-
09/Field Indicators_of Hydric_Soils.pd£ Accessed August 2023.
2022. Web Soil Survey. Available at: http://websoilsurvey.nres.usda.gov/. Accessed April 2022.
NatureServe. 2022. NatureServe Explorer. Available at: https:Hexplorer.natureserve.org/. Accessed
September 2022.
NC Partners in Amphibian and Reptile Conservation. 2022. Amphibians and Reptiles of North Carolina.
Available at: https://herpsofnc.org/. Accessed August 2023.
North Carolina Bat Working Group. 2013. Bats of North Carolina. Available at:
https://www.ncbwg.orgibats-of-north-carolina/. Accessed September 2022.
North Carolina Department of Environmental Quality. 2022. Find Your HUC in North Carolina.
Available at: https:Hdata-ncdenr.opendata.arcgis.com/apps/ncdenr::find-your-huc-in-north-
carolina/explore. Accessed August 2023.
017

Federally and State -Listed Species Report for the Kings Mountain Lithium Mine, Cleveland County, North Carolina
North Carolina Natural Heritage Program (NCNHP). 2003. An Inventory of the Significant Natural Areas
of Cleveland County, North Carolina. Prepared by North Carolina Natural Heritage Program
Office and Foothills Conservancy of North Carolina. April.
2020. List of Rare Animal Species of North Carolina. Available at:
https://www.ncnhp.org/references/publications/2022-rare-animal-list. Accessed August 2023.
2021. List of Rare Plant Species of North Carolina. Available at: h
https://www.ncnhp.org/references/publications/2022-rare-plant-list. Accessed May 2022.
2022a. Natural Heritage Element Occurrences, Natural Areas, and Managed Areas within a 1-
mile Radius of the Project Area, Albemarle Main Boundary, Project No. 00070316-000-RDU.
February 9, 2022.
2022b. Species/Community Search. Cleveland County. Available at: https://www.ncnhp.org/
data/speciescommunity-search. Accessed August 2022.
2023. Natural Heritage Element Occurrences in Cleveland County. GIS data received July 2023.
North Carolina Wildlife Resources Commission (NCWRC). 2020. Loggerhead shrike species profile.
Available at:
https://www.ncwildlife.org/Portals/0/Leaming/documents/ProfilesBirds/Loggerhead-Shrike-
Profile.pdf. Accessed August 2023.
2022. North Carolina Species. Available at: https://www.ncwildlife.org/Leaming/Species.
Accessed August 2022.
South Carolina Department of Natural Resources. 2015a. Supplemental Volume: Species of Conservation
Concern — Quillback (Carpiodes sp. cf. cyprinus). Available at: https://www.dnr.sc.gov/
swap/supplemental/freshwaterfish/quillback2015.pdf. Accessed August 2022.
2015b. Supplemental Volume: Species of Conservation Concern — Seagreen Darter (Etheostoma
thalassinum). Available at:
https://www.dnr.sc.gov/swap/supplemental/freshwaterfish/seagreendarter20l5.pdf. Accessed
August 2022.
SWCA Environmental Consultants (SWCA). 2022a. Wetland and Waterbody Delineation Report for the
Albemarle Kings Mountain Lithium Mining Project, Cleveland County, North Carolina. April.
Cary, North Carolina: SWCA Environmental Consultants.
2022b. Bat Survey Report for the Albemarle Kings Mountain Lithium Mining Project, Cleveland
County, North Carolina. September. Cary, North Carolina: SWCA Environmental Consultants.
2022c. Aquatic Assessment for the Albemarle Kings Mountain Lithium Mining Project,
Cleveland County, North Carolina. September. Cary, North Carolina: SWCA Environmental
Consultants.
2022d. Monarch Habitat Assessment for the Albemarle Kings Mountain Lithium Mining Project,
Cleveland County, North Carolina. September. Cary, North Carolina: SWCA Environmental
Consultants.

Federally and State -Listed Species Report for the Kings Mountain Lithium Mine, Cleveland County, North Carolina
2022e. Dwarf -flowered Heartleaf Survey Report for the Albemarle Kings Mountain Lithium
Mining Project, Cleveland County, North Carolina. September. Cary, North Carolina: SWCA
Environmental Consultants.
2023. Wetland and Waterbody Delineation Report for the Albemarle Kings Mountain Lithium
Mining Project, Cleveland County, North Carolina. Revised August 2023. Cary, North Carolina:
SWCA Environmental Consultants.
University of Texas. 2016. Lady Bird Johnson Wildflower Center Plant Database. Available at:
https://www.wildflower.org/plants/. Accessed September 2022.
U.S. Forest Service (USFS). 2022. Rock Types: Granitic Bedrock and Granitic Gneiss Bedrock.
Available at: https://nctrails.org/vitalityindex/topography-and-geology/rock-types.html.
Accessed August 2023.
U.S. Fish and Wildlife Service (USFWS). 2015. Endangered and Threatened Wildlife and Plants;
Threatened Species Status for the Northern Long -Eared Bat With 4(d) Rule; Final Rule and
Interim Rule. Federal Register 80(63):17974-18033. Available at: https://www.govinfo.gov/
content/pkg/FR-2015-04-02/pdf/2015-07069.pdf. Accessed April 2022.
2017. Dwarf -flowered heartleaf (Hexastylis naniflora). Available at:
https://www.fws.gov/species/dwarfflower-heartleaf-hexastylis-naniflora. Accessed August 2023.
2020. Monarch (Danaus plexippus) Species Status Assessment Report, version 2.1. Available
at: https:Hecos.fws.gov/ServCat/DownloadFile/191345. Accessed June 2021.
2021. Species Status Assessment Report for the Tricolored Bat (Perimyotis subflavus), Version
1.1. December 2021. Hadley, Massachusetts: U.S. Fish and Wildlife Service.
2022a. National Wetland Inventory (N WI) Surface Waters and Wetlands. Available at:
https://fwsprimary.wim.usgs.gov/wetlands/apps/wetlands-mapper/. Accessed February 2022.
2022b. Information for Planning and Consultation. Available at: https:Hipac.ecosphere.fws.gov/.
Accessed August 2023.
2022c. Listed species believed to or known to occur in Cleveland, North Carolina.
https://ecos.fws.gov/ecp/report/species-listings-by-current-range-county?fips=37045. Accessed
April 2022.
2022d. Range -wide Indiana Bat and Northern Long-eared Bat Survey Guidelines. March 2022.
Available at: https://www.fws.gov/library/collections/range-wide-indiana-bat-and-northern-long-
eared-bat-survey-guidelines. Accessed June 2022.
2022e. Little Brown Bat. Available at: https://www.fws.gov/species/little-brown-bat-myotis-
lucifugus. Accessed September 2022.
2022f. Species profile for monarch butterfly (Danaus plexippus). Available at:
https://ecos.fws.gov/ecp/species/9743. Accessed April 2022.
31

Federally and State -Listed Species Report for the Kings Mountain Lithium Mine, Cleveland County, North Carolina
2023. Inactive season dates for northern long-eared bats in summer habitat outside of
swarming/staging areas. Available at:
https://www. fws.gov/sites/default/files/documents/Inactive%20Season%20Dates%20for%20Are
as%200utside%20of%20Swarming%20and%20Staging%20Areas_O.pd£ Accessed August
2023.
U.S. Geological Survey (USGS). 2007. American and Oriental Bittersweet Identification. Available at:
https://www.fs.usda.gov/Internet/FSE_DOCUMENTS/fsbdev3_0l7307.pdf. Accessed August
2023.
2019a. National Land Cover Database (NLCD). Available at:
https://www.usgs.gov/data/national-land-cover-database-nlcd-2019-products. Accessed March
2022.
2019b. National Hydrography Dataset. USGS National Hydrography Dataset by 4-digit
Hydrologic Unit. Available at: https://www.usgs.gov/national-hydrography/access-national-
hydrography-products. Accessed February 2022.
32

B
Aerial Photographs Showing Historic Mining in the Project Area

ALBEMARLE KING'S MOUNTAIN
MINE
Historic Mining -
1964
Mining Disturbance - 1964
Approximate Extent of Historic Mining
(1956-1994)
Project Boundary
Cleveland County, NC
USGS 7.5' Quadrangle:
Kings Mountain, NC, 35081-133;
Grover, NC,35081-B4
NAD 1983 StatePlane North
Carolina FIPS 3200 Feet
35.215°N 81.3533°W
Base Map: Esri ArcG18 Online,
accessed August 2023
Updated: 8/31/2023
Project No, 70316
Layout: 70316 ProjectAerial
Ap- 70316_HistoricMining
0 500 1,000
Feet
Meters
0 200 400
N
A AOW
1:18,000
SWCA
ENVIRONMENTAL CO115UI W N75

lift
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ALBEMARLE KING'S MOUNTAIN MINE Mining Disturbance - 1976
Historic Mining - Approximate Extent of Historic Mining
1976
(1956-1994)
Project Boundary
Cleveland County, NC
I 0 500 1.000
USGS 7.5' Quadrangle:
Feet Meters
Kings Mountain, NC, 35081-133;
o 200 400
Grover, NC,35081-B4
NAD 1983 StatePlane North
Carolina FIPS 3200 Feet
N
35.215°N 81.3533°W
Base Map: Esri ArcG18 Online,
1 : 1 8, 000
accessed August 2023
Updated: /2023
)♦ ]
o, 70316
Project No. 70316
`J ■y/��►
SW�
Layout: 70316 ProjectAerial
Ap- 70316_HistoricMining
ENVIRONMENTAL CONSIHWNIS

ALBEMARLE KING'S MOUNTAIN MINE Mining Disturbance - 1984
Historic Mining - Approximate Extent of Historic Mining
1984
(1956-1994)
Project Boundary
Cleveland County, NC
USGS 7.5' Quadrangle:
Kings Mountain, NC, 35081-133;
Grover, NC,35081-B4
NAD 1983 StatePlane North
Carolina FIPS 3200 Feet
35.215°N 81.3533°W
Base Map: Esri ArcGIS Online,
accessed August 2023
Updated: 8/31/2023
Project No, 70316
Layout: 70316 ProjectAerial
Ap- 70316_HistoricMining
0 500 1,000
Feet
Meters
0 200 400
N
A AOW
1:18,000
SWCA
ENVIRONMENTAL CO115UI W N75

w � -
ALBEMARLE KING'S MOUNTAIN MINE Mining Disturbance - 1999
Historic Mining - Approximate Extent of Historic Mining
1999
(1956-1994)
Project Boundary
Cleveland County, NC
USGS 7.5' Quadrangle:
Kings Mountain, NC, 35081-133;
Grover, NC,35081-B4
NAD 1983 StatePlane North
Carolina FIPS 3200 Feet
35.215°N 81.3533°W
Base Map: Esri ArcGIS Online,
accessed August 2023
Updated: 8/31/2023
Project No, 70316
Layout: 70316 ProjectAerial
Ap- 70316_HistoricMining
0 500 1,000
Feet AOW
Meters
0 200
aoo
N
A
1:18,000
SVVCA
ENVIRONMENTAL CON5IIiGH}5

ALBEMARLE KING'S MOUNTAIN MINE Mining Disturbance - 2006
Historic Mining - Approximate Extent of Historic Mining
2006
(1956-1994)
Project Boundary
Cleveland County, NC
USGS 7.5' Quadrangle:
Kings Mountain, NC, 35081-133;
Grover, NC, 35081-134
NAD 1983 StatePlane North
Carolina FIPS 3200 Feet
35.215°N 81.3533°W
Base Map: Esri ArcG/S Online,
accessed August 2023
Updated: 8/31/2023
Project No, 70316
Layout: 70316 ProjectAerial
Ap- 70316_HistoricMining
0 500 1,000
Feet
Meters
0 200 400
N
A AOW
1:18,000
SWCA
ENVIRONMENTAL CO115UI W N75

ALBEMARLE KING'S MOUNTAIN 11111NF Mining Disturbance - 2009
Historic Mining - Approximate Extent of Historic Mining
2009
(1956-1994)
Project Boundary
Cleveland County, NC
USGS 7.5' Quadrangle:
Kings Mountain, NC, 35081-133;
Grover, NC, 35081-134
NAD 1983 StatePlane North
Carolina FIPS 3200 Feet
35.215°N 81.3533°W
Base Map: Esri ArcG/S Online,
accessed August 2023
Updated: 8/31/2023
Project No, 70316
Layout: 70316 ProjectAerial
Ap- 70316_HistoricMining
0 500 1,000
Feet
Meters
0 200 400
N
A AOW
1:18,000
SWCA
ENVIRONMENTAL CO115UI W N75

ALBEMARLE KING'S MOUNTAIN
MINE
Historic Mining -
2012
Mining Disturbance - 2012
Approximate Extent of Historic Mining
(1956-1994)
Project Boundary
Cleveland County, NC
USGS 7.5' Quadrangle:
Kings Mountain, NC, 35081-133;
Grover, NC,35081-B4
NAD 1983 StatePlane North
Carolina FIPS 3200 Feet
35.215°N 81.3533°W
Base Map: Esri ArcG18 Online,
accessed August 2023
Updated: 8/31/2023
Project No, 70316
Layout: 70316 ProjectAerial
Ap- 70316_HistoricMining
0 500 1,000
Feet
Meters
0 200 400
N
A AOW
1:18,000
SWCA
ENVIRONMENTAL CO115UI W N75

ALBEMARLE KING'S MOUNTAIN MINE Mining Disturbance - 2016
Historic Mining - Approximate Extent of Historic Mining
2016
(1956-1994)
Project Boundary
Cleveland County, NC
USGS 7.5' Quadrangle:
Kings Mountain, NC, 35081-133;
Grover, NC,35081-B4
NAD 1983 StatePlane North
Carolina FIPS 3200 Feet
35.215°N 81.3533°W
Base Map: Esri ArcGIS Online,
accessed August 2023
Updated: 8/31/2023
Project No, 70316
Layout: 70316 ProjectAerial
Ap- 70316_HistoricMining
0 1,000 2,000
Feet
Meters
0 250 500
N
A AOW
1:18,000
SWCA
ENVIRONMENTAL CONSIH W N75

ALBEMARLE KING'S MOUNTAIN MINE Mining Disturbance - 2020
Historic Mining - Approximate Extent of Historic Mining
2020
(1956-1994)
Project Boundary
Cleveland County, NC
USGS 7.5' Quadrangle:
Kings Mountain, NC, 35081-133;
Grover, NC,35081-B4
NAD 1983 StatePlane North
Carolina FIPS 3200 Feet
35.215°N 81.3533°W
Base Map: Esri ArcGIS Online,
accessed August 2023
Updated: 8/31/2023
Project No, 70316
Layout: 70316 ProjectAerial
Ap- 70316_HistoricMining
0 1,000 2,000
Feet
Meters
0 250 500
N
A AOW
1:18,000
SWCA
ENVIRONMENTAL CONSIH W N75

APPENDIX B.
U.S. Fish and Wildlife Service Information for Planning and
Consultation Resource List

8/3/23, 1:25 PM IPaC: Explore Location resources
IPaC U.S. Fish & Wildlife Service
IPaC resource list
This report is an automatically generated list of species and other resources such as critical
habitat (collectively referred to as trust resources) under the U.S. Fish and Wildlife Service's
(USFWS) jurisdiction that are known or expected to be on or near the project area referenced
below. The list may also include trust resources that occur outside of the project area, but that
ffatdd pytmatM lytied lye ¢tf�pjactrmFiffac*wever,
ffettRer ffbjXtthedykbhUeah Airutt-Rt�sotaof(3 typically
h0gLgra&-gattlaObng3pddids) siafzkfse piedi project-speci
(e.g., magnitude and timing of proposed activities) information.
Below is a summary of the project information you provided and contact information for the
f ¢tira6elkfteeiiretteDdEthe introduction to -.- i
each section that follows (Endangered Species, Migratory Birds, USFWS Facilities, and NWI
Wetlands) for additional information applicable to the trust resources addressed in that
section.
Location
Cleveland County, North Carolina
re-IL,10=1 ire
'0"
&I
.0
i
Mheville Ecological Services Field O
t. [phone]
JEJ [phone]
160 Zillicoa Street
https://ipac.ecosphere.fws.gov/location/QCNOJGWPUNDOBJCJBHXOJLJ5AY/resources 1/14

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IPaC: Explore Location resources
Asheville, NC 28801-1082
Foy
https://ipac.ecosphere.fws.gov/location/QCNOJGWPUNDOBJCJBHXOJLJ5AY/resources 2/14

8/3/23, 1:25 PM IPaC: Explore Location resources
Endangered species
This resource list is for informational purposes only and does not constitute an analysis of
project level impacts.
The primary information used to generate this list is the known or expected range of each
flleeme$AAk odiosip�ailesaarefaiso considered. An AOI includes
ffcc�ad bytkdiieiti thel reties range if the species could be indirectly a
fihE0c(p* iffWatf#iupstream of a
flam site, may indirectly impact the species by reducing or eliminating water
downstream). Because species can move, and site conditions can change, the species on this
list are not guaranteed to be found on or near the project area. To fully determine any
ffeP*1&spmafWtional site-speci
required. a
gbqt&aWagttkeeErkd�'ngquedtS#ekbesSAct-etary
IX
information whether any species which is listed or proposed to be listed may be present in the
area of such proposed action" for any project that is conducted, permitted, funded, or licensed
*thin be ab8AisM@yhkltetlt&r from the local o
offgyirement can ffDd optKiileedliWrepeiEthegdlreo'
ffitMet:61W Review section in IPaC (see directions below) or from the local
For project evaluations that require USFWS concurrence/review, please return to the IPaC
Obb c litsi�4gE3dbL,frgmhe following:
D.raw the project location and click CONTINUE.
Mick DEFINE PROJECT.
Bog in (if directed to do so).
Rrovide a name and description for your project.
GJick REQUEST SPECIES LIST.
Listed speciesl and their critical habitats are managed by the Eofological Services Program
tlhetL-S.dFinsibionobWWlifiBfi0nd�®(d#-'�S) and the
and Atmospheric Administration (NOAA Fisheries).
sand critical habitats under the sole responsibility of NOAA Fisheries are
this list. Please contact 1110AA Fisheries species under theirjurisdiction
Species listed under the FaTdahgea ieerk[Angered; IPaC also
shows species that are candidates, or proposed, for listing. See the Ifuting status page
more information. IPaC only shows species that are regulated by USFWS (see FAQ).
2. NOAA Fisheriesfhlo6 known as the National Marine Fisheries Service (NMFS), is an o
the National Oceanic and Atmospheric Administration within the Department of
Commerce.
https://ipac.ecosphere.fws.gov/location/QCNOJGWPUNDOBJCJBHXOJLJ5AY/resources 3/14

8/3/23, 1:25 PM
fbby\mbhgiijffscllie!tlairEl tiotially a
IPaC: Explore Location resources
Mammals
NAME
Tricolored Bat flWifnyotis sub
VL6 reve r fo u n d
No critical habitat has been designated for this species
https://ecos.fws.gov/ecp/species/10515
Insects
STATUS
Proposed Endangered
NAME STATUS
Monarch Butter Danaus plexippus Candidate
Mbreverfound
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/9743
Flowering Plants
NAME STATUS
ir(kd Heartleaf OeKastylis nani Threatened
Mbreverfound or
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/2458
Critical habitats
ffdWtdiefi6cal habitat(s) in this location must be analyzed along with the
endangered species themselves.
There are no critical habitats at this location.
Wfoiis mmaill required to determine if your project(s) may have e
above listed species.
Bald &Golden Eagles
Bald and golden eagles are protected under the Enid tNfld Golden Eagle Protection Act
Migratory Bird Treaty Act
https://ipac.ecosphere.fws.gov/location/QCNOJGWPUNDOBJCJBHXOJLJ5AY/resources
4/14

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IPaC: Explore Location resources
Any person or organization who plans or conducts activities that may result in impacts to bald
or golden eagles, or their habitats, should follow appropriate regulations and consider
implementing appropriate conservation measures, as described below
Additional information can be found using the following links:
• Eagle Managment https://www.fws.ggv//program/eagle-management
• Measures for avoiding and minimizing impacts to birds
https://www.fws.gov/library/collections/avoiding-and-minimizing-incidental-take-migratory_
birds
• Nationwide conservation measures for birds
f ddwwenfs&gtimA3W��rd-conservation-
measures.pdf
There are bald and/or golden eagles in your project area.
For guidance on when to schedule activities or implement avoidance and minimization
measures to reduce impacts to migratory birds on your list,click on the PROBABILITY OF
PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be
present and breeding in your project area.
NAME
Bald Eagle Haliaeetus leucocephalus
This is not a Bird of Conservation Concern (BCC) in this area, but
warrants attention because of the Eagle Act or for potential
fbscepEt�bdilifmin certain types of
development or activities.
li .
Probability of Presence Summary
BREEDING SEASON
Breeds Sep 1 to Jul 31
The graphs below provide our best understanding of when birds of concern are most likely to
be present in your project area. This information can be used to tailor and schedule your
project activities to avoid or minimize impacts to birds. Please make sure you read and
understand the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before
using or attempting to interpret this report.
Probability of Presence ( )
Each green bar represents the bird's relative probability of presence in the 10km grid cell(s)
your project overlaps during a particular week of the year. (A year is represented as 12 4-week
ffrib(ftks.) A taller bar indicates a higher probability of species presence. The survey e
Bel�me)i❑.1ln6punimhtce estaieliOna lEmelhffvmn
ffgiimmb VrWi�gbr:esence score if the corresponding survey e
How is the probability of presence score calculated? The calculation is done in three steps:
https://ipac.ecosphere.fws.gov/location/QCNOJGWPUNDOBJCJBHXOJLJ5AY/resources 5/14

8/3/23, 1:25 PM
IPaC: Explore Location resources
The probability of presence for each week is calculated as the number of survey events in
the week where the species was detected divided by the total number of survey events for
that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee
was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is
0.25.
to properly present the pattern of presence across the year, the relative probability of
presence is calculated. This is the probability of presence divided by the maximum
probability of presence across all weeks. For example, imagine the probability of presence
in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12
(0.25) is the maximum of any week of the year. The relative probability of presence on week
12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2.
Re relative probability of presence calculated in the previous step undergoes a statistical
conversion so that all possible values fall between 0 and 10, inclusive. This is the probability
of presence score.
To see a bar's probability of presence score, simply hover your mouse cursor over the b
$reeding Season )
..*%
Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds
across its entire range. If there are no yellow bars shown for a bird, it does not breed in your
project area.
they E (1)I lllli�n %OF
Vertical black lines superimposed on probability of presence bars indicate the number of
surveys performed for that species in the 10km grid cell(s) your project area overlaps. The
number of surveys is expressed as a range, for example, 33 to 64 surveys.
UtswgE�sitaply toyer your mouse cursor over the bar.
No Data —)
A week is marked as having no data if there were no survey events for that week.
Survey Timeframe
Surveys from only the last 10 years are used in order to ensure delivery of currently relevant
fttferftl ftiln.cTds1pxwabpt®bitd tleltuimarmaslEased
on all years of available data, since data in these areas is currently much more sparse.
probability of presence breeding season Ifflctrvey e — no data
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Bald Eagle Non -BCC 11111111 Illp ____ 11111111 Pill III
Vulnerable
mat does IPaC use to generate the potential presence of bald and golden eagles in my speci
location?
https://ipac.ecosphere.fws.gov/location/QCNOJGWPUNDOBJCJBHXOJLJ5AY/resources 6/14

8/3/23, 1:25 PM
IPaC: Explore Location resources
The potential for eagle presence is derived from data provided by the Avian Knowledge Network (AKN).. The
AKN data is based on a growing collection of 2aday,*gib radd citizen science datasets
fi:ered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project
ateGeasra apb iu�Jat�enitiderktecause they are a BCC species in
that area, an eagle (_ eiOyments may apply). To see a list of all birds potentially present in your
project area, please visit the Rapid Avian Information Locator (RAIL) Tool.
What does IPaC use to generate the probability of presence graphs of bald and golden eagles in my
€ipldoication?
The Migratory Bird Resource List is comprised of USFWS Ehndlsocif trmservation Concern (BCC),
species that may warrant special attention in your project location.
The migratory bird list generated for your project is derived from data provided by the Avian Knowledge
NMe/AllfaN, is based on a growing collection of survey, banding, and citizen science
datasetsfb rdttquieitieichanItt of those birds reported as occurring in the 10km grid
i3elll)rirting�r�dtattlerrt�i®at�aa�li;leat have been identi
they are a BCC species in that area, an eagle (Bagleiftments may apply), or a species that has a
#aotrietAoa \aitiira-o&kdbtrbopcunent. �
Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It
is not representative of all birds that may occur in your project area. To get a list of all birds potentially
present in your project area, please visit the Rapid Avian Information Locator (RAIL) Tool.
What if I have eagles on my list? V4'NS\W1
-`
If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating
the Eagle Actfibi6Lybisuch impacts occur. Please contact your local Fish and Wildlife Service Field O
have questions.
Mi rator �ir s
g y
Certain birds are protected under the Migratory Bird Treaty Acts and the Bald and Golden
Eagle Protection Acts.
Any person or organization who plans or conducts activities that may result in impacts to
migratory birds, eagles, and their habitats should follow appropriate regulations and consider
implementing appropriate conservation measures, as described below
The I`�fgY &Sry Birds Treaty Act
the B916940J Golden Eagle Protection Act
Additional information can be found using the following links:
• Birds of Conservation Concern https://www.fws.gov//program/migratory-birds/species
• Measures for avoiding and minimizing impacts to birds
https://www.fws.gov/library/collections/avoiding-and-minimizing-incidental-take-migratory_
birds
https://ipac.ecosphere.fws.gov/location/QCNOJGWPUNDOBJCJBHXOJLJ5AY/resources 7/14

8/3/23, 1:25 PM IPaC: Explore Location resources
• Nationwide conservation measures for birds
fato�d�uuwe�nfgtim�f rd -co n se rvat i o n-
measures.pdf
The birds listed below are birds of particular concern either because they occur on the
WBEWSiStrmiswbfmn&g iehhaa�Fbafrtion in your project
-6c)Jda m more about the levels of concern for birds on your list and how this list is
generated, see the FAQ belowfi&ii3 thi3dbealti rmfremeay bird you may
guarantee that every bird on this list will be found in your project area. To see exact locations
of where birders and the general public have sighted birds in and around your project area,
visit the Klb�r:cbdtea pup�wg loa desired date range and a species on
Pleattji)iEioiCp etddlFtadrudomraps and models detailing
the relative occurrence and abundance of bird species on your list are available. Links to
additional information about Atlantic Coast birds, and other important information about your
migratory bird list, including how to properly interpret and use your migratory bird report, can
be found below < VJ
For guidance on when to schedule activities or implement avoidance and minimization
measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF
PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be
present and breeding in your project area. \.) '111111100,
NAME r�o BREEDING SEASON
Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to Jul 31
This is not a Bird of Conservation Concern (BCC) in this area, but
warrants attention because of the Eagle Act or for potential
fbsrep bdilifmrn certain types of
development or activities.
%'000 N.41F
Chimney Swift Chaetura pelagica Breeds Mar 15 to Aug 25
This is a Bird of Conservation Concern (BCC) throughout its range
in the continental USA and Alaska.
Eastern Whip -poor -will Antrostomus vociferus Breeds May 1 to Aug 20
This is a Bird of Conservation Concern (BCC) throughout its range
in the continental USA and Alaska.
Prairie Warbler Dendroica discolor Breeds May 1 to Jul 31
This is a Bird of Conservation Concern (BCC) throughout its range
in the continental USA and Alaska.
Wood Thrush Hylocichla mustelina Breeds May 10 to Aug 31
This is a Bird of Conservation Concern (BCC) throughout its range
in the continental USA and Alaska.
https://ipac.ecosphere.fws.gov/location/QCNOJGWPUNDOBJCJBHXOJLJ5AY/resources 8/14

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IPaC: Explore Location resources
Probability of Presence Summary
The graphs below provide our best understanding of when birds of concern are most likely to
be present in your project area. This information can be used to tailor and schedule your
project activities to avoid or minimize impacts to birds. Please make sure you read and
understand the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before
using or attempting to interpret this report.
Probability of Presence ( )
Each green bar represents the bird's relative probability of presence in the 10km grid cell(s)
your project overlaps during a particular week of the year. (A year is represented as 12 4-week
ffrt)(Aks.) A taller bar indicates a higher probability of species presence. The survey e
fielme)ina&b(pamhtxe estaieliOna IemeIh Dn
ffq[iiismi 3ntftg .esence score if the corresponding survey e
How is the probability of presence score calculated? The calculation is done in three steps:
The probability of presence for each week is calculated as the number of survey events in
the week where the species was detected divided by the total number of survey events for
that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee
was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is
0.25. Vim% *_0
10 properly present the pattern of presence across the year, the relative probability of
presence is calculated. This is the probability of presence divided by the maximum
probability of presence across all weeks. For example, imagine the probability of presence
in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12
(0.25) is the maximum of any week of the year. The relative probability of presence on week
12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2.
the relative probability of presence calculated in the previous step undergoes a statistical
conversion so that all possible values fall between 0 and 10, inclusive. This is the probability
of presence score.
To see a bar's probability of presence score, simply hover your mouse cursor over the bar.
$reeding Season )
Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds
across its entire range. If there are no yellow bars shown for a bird, it does not breed in your
project area.
Ivey E (1)
Vertical black lines superimposed on probability of presence bars indicate the number of
surveys performed for that species in the 10km grid cell(s) your project area overlaps. The
number of surveys is expressed as a range, for example, 33 to 64 surveys.
UatswgdjsitupLyrlaeyner your mouse cursor over the bar.
No Data —)
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IPaC: Explore Location resources
A week is marked as having no data if there were no survey events for that week.
Survey Timeframe
Surveys from only the last 10 years are used in order to ensure delivery of currently relevant
ff ferftbl ila.cbw1t wabpt®bitd tlelt0msr&agkmased
on all years of available data, since data in these areas is currently much more sparse.
probability of presence breeding season Itfiarvey e — no data
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Bald Eagle
Non -BCC
Vulnerable
Chimney Swift
BCC Rangewide
(CON)
Eastern Whip -
poor -will
BCC Rangewide
(CON)
IIII IIII IIII IIII IIII IIII 111k ---- ON IIII IIII low-
----
- III IIII IIII IIII IIII IIII- ---- ---- --
.... ... - -
- --mi IIII IIII III- ____ '-��-
Prairie Warbler . . __ __ __ _-- —
BCC Rangewide �� �� k-
(CON)
Wood Thrush . . . . , , __ --__ _—_+ _E
BCC Rangewide
(CON)
1r
---- ---- ----
---- ---- ---- ----
Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory
birds.
Pdatjolrib.dder(1Eo3vffB&A hmt vela` olgavoid and minimize impacts to all
birds at any location year round. Implementation of these measures is particularly important when birds are
most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of
any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when
birds are most likely to occur and be breeding in your project area, view the Probability of Presence
Summary. Additional measures permits may be advisable depending on the type of activity you are
conducting and the type of infrastructure or bird species present on your project site.
@thlmtdtiesi?PaC use to generate the list of migratory birds that potentially occur in my speci
The Migratory Bird Resource List is comprised of USFWS BindlsoclifiConservation Concern (BCC),
species that may warrant special attention in your project location.
The migratory bird list generated for your project is derived from data provided by the Avian Knowledge
Nhte/ A16M is based on a growing collection of survey, banding, and citizen science
datasetsffan*ttque ieldianItt of those birds reported as occurring in the 10km grid
i3dll)ririmgegeItattiertbieQt�e>i;leat have been identi
they are a BCC species in that area, an eagle (Er ei► mments may apply), or a species that has a
factieLlehi\yitik,EeoaW§VfttoW ent.
https://ipac.ecosphere.fws.gov/location/QCNOJGWPUNDOBJCJBHXOJLJ5AY/resources 10/14

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IPaC: Explore Location resources
Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It
is not representative of all birds that may occur in your project area. To get a list of all birds potentially
present in your project area, please visit the Rapid Avian Information Locator (RAIL) Tool.
What does IPaC use to generate the probability of presence graphs for the migratory birds potentially
fidducitipM my speci
The probability of presence graphs associated with your migratory bird list are based on data provided by
the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey., banding, and
citizen science datasets
Probability of presence data is continuously being updated as new and better information becomes
available. To learn more about how the probability of presence graphs are produced and how to interpret
them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link.
How do I know if a bird is breeding, wintering or migrating in my area?
To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating
or year-round), you may query your location using the Fed IhW4 at the range maps provided for
fdscovf�rreea�lhtbe�¢r�tralof�iiteli�r�f a bird on your
migratory bird species list has a breeding season associated with it, if that bird does occur in your project
fid-_# YBeeed-saE)Jmvlhesg' Oesent at some point within the timeframe speci
indicated, then the bird likely does not breed in your project area. .
J NOOF
What are the levels of concern for migratory birds? V,::)
Migratory birds delivered through IPaC fall into the following distinct categories of concern:
7BCC Rangewide" birds are BBflCkthrabnserubtrmm Ccmtleroughout their
fElakiqdayRdm to \Ritlo(ratl&tU8 N(I giThLldlaigcHOwa i i, the Paci
2BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the
continental USA; and
3lon-BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either
because of the jagLqk8ffltnents (for eagles) or (for non -eagles) potential susceptibilities in
More errfrgfrkwadeOaillertypes of development or activities (e.g. o
RMggne
ffhbmhghld ibrrrWoftt to try to avoid and minimize impacts to all birds, e
particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of
rangewide concern. For more information on conservation measures you can implement to help avoid and
minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics.
fibnMIppioutsbirds that are potentially a
For additional details about the relative occurrence and abundance of both individual bird species and
gbR*-dai-ftbd0c&pst,cWemONi3iyd)lae project area o Northeast Ocean Data
PortalfTiFtid.0orbAchisi6comation about other taxa besides birds that may be helpful to you
fesyoadprlyjagttlhfOwtAlltelalctely, you may download the bird model results
through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird
Aft&m titmhVagd.Abundance on the Atlantic Outer Continental Shelf
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IPaC: Explore Location resources
Bird tracking data can also provide additional details about occurrence and habitat use throughout the year,
including migration. Models relying on survey data may not include this information. For additional
information on marine bird tracking data, see the Div[hftird Study ra>rru¢Ua10 tudies Caleb
Spiegel or Pam Loring.
What if I have eagles on my list?
If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating
the Eagle Act should such impacts occur.
Proper Interpretation and Use of Your Migratory Bird Report
The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority
concern. To learn more about how your list is generated, and see options for identifying what other birds
may be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds
dti®radiricRLale�iealmyasp�bis report provides the "probability of
presence" of birds within the 10 km grid cell(s) that overlap your project; not your exact project footprint. On
ffit(gndpd-AgYdodlbd,Y.idbK§s-cwtkBIda*Xarfffully at the survey e
f)rlt tbd-e< piaos*cbherl'no data" indicator (a red horizontal bar). A high survey e
ffrd-ie 1§40,e"n the probability of presence score can be viewed as more dependable. I
foinbaispranlmalagarbey means a lack of data and, therefore, a lack of certainty about
presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of
concern have the potential to be in your project area, when they might be there, and if they might be
breeding (which means nests might be present). The list helps you know what to look for to con
presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize
(iutmhtTad leWao03cfreabfiatr project activities, should presence be con
conservation measures, visit the FAQ "Tell me about conservation measures I can implement to avoid or
minimize impacts to migratory birds" at the bottom of your migratory bird trust resources page.
Facilities �[
V�
i
Cam`
National Wildlife Refuge lands
Any activity proposed on lands managed by the I`. igtio ralriMidlifaftUe
a 'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges
to discuss any questions or concerns.
There are no refuge lands at this location.
Fish hatcheries
lkhd�tadneaieB at this location.
https://ipac.ecosphere.fws.gov/location/QCNOJGWPUNDOBJCJBHXOJLJ5AY/resources 12/14

8/3/23, 1:25 PM
IPaC: Explore Location resources
Wetlands in the National Wetlands Inventory
(NWI)
Impacts to fah d wtftWTa#uatic habitats may be subject to regulation under
Section 404 of the Clean Water Act, or other State/Federal statutes.
For more information please contact the Regulatory Program of the local U.S. Army Corps of
Engineers District
Please note that the NWI data being shown may be out of date. We are currently working to
update our NWI data set. We recommend you verify these results with a site visit to determine
the actual extent of wetlands on site.
This location overlaps the following wetlands:
ISol &M.CW%IIISol ► Ia101111STIMaII_101111
PEM1 Kx
PEM1 Fh
FRESHWATER FORESTED/SHRUB WETLAND
PSS1 Ah
PF01C
PF01Ah
FRESHWATER POND
PUBHh
01?4*A-
PUSKx
PUBHx
PUSCx
PUSCh
PUBKx
RIVERINE
R2UBH
R4SBC
R5UBH
A full description for each wetland code can be found at the National Wetlands Inventory
website
Mi#9ckdzrhmEqjtii*dneation to determine whether
wetlands occur. Additional information on the NWI data is provided below.
Data limitations
https://ipac.ecosphere.fws.gov/location/QCNOJGWPUNDOBJCJBHXOJLJ5AY/resources 13/14

8/3/23, 1:25 PM
IPaC: Explore Location resources
The Service's objective of mapping wetlands and deepwater habitats is to produce reconnaissance level
information on the location, type and size of these resources. The maps are prepared from the analysis of
�igba��ti e e o�fVe� lrnl�sh bdegl�iand geography. A
margin of error is inherent in the use of imagery; thus, detailed on -the -ground inspection of any particular
fittbarnaE�stabbktied-t!Iai-siaglofi evadalydi!boundaries or classi
The accuracy of image interpretation depends on the quality of the imagery, the experience of the image
fiaUbjst&Otke amount and quality of the collateral data and the amount of ground truth veri
conducted. Metadata should be consulted to determine the date of the source imagery used and any
mapping problems.
WbtMN&T*uther mapped features may have changed since the date of the imagery or
fa betM IhdiddDdMita bc)rcbpided on
the map and the actual conditions on site.
Data exclusions
Certain wetland habitats are excluded from the National mapping program because of the limitations of
aerial imagery as the primary data source used to detect wetlands. These habitats include seagrasses or �
submerged aquatic vegetation that are found in the intertidal and subtidal zones of estuaries and nearshore
fiiiEhste[ma )Some&Iee*ateexehfdmInmunities (coral or tuber .00
from the inventory. These habitats, because of their depth, go undetected by aerial imagery.
Data precautions
G��
fied3ErrdlOR&Mdpand local regulatory agencies with jurisdiction over wetlands may de
>>i{ n-daro nerdhan that used in this inventory. There is no attempt, in either the design or
pEodhfldUsrdfstbfspnyenMziyytjuidEdiction of any Federal, state, or local
government or to establish the geographical scope of the regulatory programs of government agencies.
fiatiwn& ndingIlOeegIage WvtkmbRtdMnAlmodi
fieleIgllt're y"kelaffomypropriate Federal, state, or local agencies concerning speci
ffcbgrKtmse&dtPmprietaryjurisdictions that may a
�O
https://ipac.ecosphere.fws.gov/location/QCNOJGWPUNDOBJCJBHXOJLJ5AY/resources 14/14

APPENDIX C.
North Carolina Natural Heritage Program Resource Report

Roy Cooper, Governor
0■ ■■IF NC DEPARTMENT OF
■ !
■■k�■A NATURAL AND CULTURAL RESOURCES
■ ■■■
February 9, 2022
Simon King
SWCA Environmental Consultants
4001 Winecott Drive
Apex, NC 27502
RE: Albemarle Main Boundary; 00070316-000-RDU
Dear Simon King:
D. Reid Wilson, Secretary
Misty Buchanan
Deputy Director, Natural Heritage Program
NCNHDE-17108
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
Based on the project area mapped with your request, a query of the NCNHP database indicates that
there are no records for rare species, important natural communities, natural areas, and/or
conservation/managed areas within the proposed project boundary. Please note that although there
may be no documentation of natural heritage elements within the project boundary, it does not
imply or confirm their absence; the area may not have been surveyed. The results of this query
should not be substituted for field surveys where suitable habitat exists. In the event that rare
species are found within the project area, please contact the NCNHP so that we may update our
records.
The attached 'Potential Occurrences' table summarizes rare species and natural communities that
have been documented within a one -mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile
radius of the project area, if any, are also included in this report.
If a Federally -listed species is found within the project area or is indicated within a one -mile radius of
the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for
guidance. Contact information for USFWS offices in North Carolina is found here:
https://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37.
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
The NC Natural Heritage Program may follow this letter with additional correspondence if a
Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or Federally -
listed species are documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at rod nev.butler(o)ncdcr.gov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEPARTMENT OF NATURAL. AND CULTURAL RESOURCES
1:1 W. JONES STREET, RALEIGI 4_ NC 27fiO3 - 1651 MAIL SERVICE CENTER, RALCIGH. NC 27699
OFC 915707.9120 • FA 919.707.4121

Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area
Albemarle Main Boundary
Project No. 00070316-000-RDU
February 9, 2022
NCNHDE-17108
Element Occurrences Documented Within a One -mile Radius of the Project Area
Taxonomic EO ID Scientific Name Common Name Last Element Accuracy Federal State Global State
Group Observation Occurrence Status Status Rank Rank
AL IN�m Date Rank
Mammal 38341 Peromyscus polionotusOldfield Deermouse 1977 H 4-Low --- Special G5 S1
Concern
Natural 1261 Low Mountain Pine --- 2010 NR 4-Low --- --- G3G4 S2?
Community Forest (Montane Pine
Subtype)
Vascular Plant 17711 Pycnanthemum torreyi Torrey's Mountain -mint 1935-07-23 H 4-Low --- Significantly G2 S1
Rare
Throughout
No Natural Areas are Documented Within a One -mile Radius of the Project Area
Managed Areas Documented Within a One -mile Radius of the Project Area
Managed Area Name Owne Owner Type
City of Kings Mountain Open Space City of Kings Mountain Local Government
City of Kings Mountain Open Space City of Kings Mountain Local Government
City of Kings Mountain Open Space City of Kings Mountain Local Government
City of Kings Mountain Open Space City of Kings Mountain Local Government
Crowders Mountain State Park NC DNCR, Division of Parks and Recreation State
Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.ora/help. Data query generated on February 9, 2022; source: NCNHP, Q4, January 2022.
Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database.
Page 2 of 3

NCNHBE-17108: Albemarle Main Boundary
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February 9, 2022
❑ Project Boundary
❑ Buffered Project Boundary
j Managed Area (MAREA)
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0 0-5 1 2 km
Sources: Esn, HERE, Garmin, Inlermap, in—rit P Corp., GEWO, u9GS.
FAO, NPS, NRCAN, G—a 3—. IGN, Kadasler NL, Ordnance Survey, Esri ,[Ek"n.
MEr1. Z.
China (Heng Korgj- IQ) Open$4,Wap umr,,vlors, and the GIS
user Community
Page 3 of 3