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Home My WebLink About1_2023_Modification_Narrative_Vicinity_Map • Mine Permit Modification Altapass Mine - Mining Permit No. 61--16 The Quartz Corp USA Mitchell County, North Carolina CaR`��%i S&ME Project No. 213314 �.�`�'. • - .�r,'�, : SEA L r: = C H PREPARFD QuartzThe • . . . Pine,Spruce Charlotte, NC 28273 November i 2023 w II1 0 November 10, 2023 RECEIVE , North Carolina Department of Environmental Quality Nov 2 8 2023 1612 Mail Service Center DEMLR Raleigh, North Carolina 27699-1612 L — — Attention: Mr. Adam Parr, PE—Assistant State Mining Engineer Reference: Mine Permit Modification — Response to Comments Altapass Mine—Mining Permit No. 61-16 The Quartz Corp USA Mitchell County, North Carolina S&ME Project No. 213314 Dear Mr. Parr: S&ME has received and reviewed the comments for the above referenced mining permit application provided via email between the North Carolina Department of Environmental Quality (NCDEQ), and Jeffery Curtis of The Quartz Corp (TQC) on September 20, 2023. S&ME has provided the foSlowing responses to the requested modifications. Please find NCDEQ's comments in bold and italics, and S&ME's response follows: NCDEQ Comment No. 7: Please provide proof, such as a copy of the signed return receipts from certified mail, that all adjoining landowners and chief administrative officers of each county and municipality have been properly notified. S&ME Response 1: Public notification certified mail tickets have been added as Appendix V. NCDEQ Comment No. 2:-Your NPDES Wastewater Permit NCO000353 expired on February 28, 2076. Please clarify if you intend to renew this permit or provide justification as to why this permit is no longer required. If you intend to renew this permit,please provide proof of submission of the application. S&ME Response 2: TQC submitted permit application packages on July 10, 201S and May 4, 2018; and received a draft permit from NCDEQ on October 17, 2018. A description of the wastewater permitting has been added to the narrative as Section 3.4 and proof of submission has been added as Appendix XI. NCDEQ Comment No. 3_A 407 Water Quality Certification is required for this project. Please clarify your intent to submit an application. Please be advised that any changes to the design, including final grading, that may occur as a result of pending topographic survey information may need to be updated in a mining permit modification if not covered in this application. S&ME Response 3: S&ME initially submitted a PCN to the USACE and NCDWR in parallel with this Mine Permit Modification but withdrew the PCN after discussion with USACE and NCDWR. A new PCN will be submitted after selection of a freshwater reservoir design alternative such that all proposed stream and wetland impacts related to site development can be considered at one time. No stream or wetland impacts will be conducted prior to receipt of both a Mining Permit and applicable 404/401 permits. Section 3.3 of the narrative has been updated accordingly. S&ME, Inc.J 2016 Ayrsley Town Blvd., Suite 2-A I Charlotte, NC 28273 1 p 704.523.4726 1 www_smeinc.com Mine Permit Modification — Response to Comment Altapass Mine — Mining Permit No. 61-16 Mitchell County, North Carollnc IS&ME Project No. 213314 NCDEQ Comments No. 4: Please clearly identify and label on the mine map the location of the pits/excavations, stockpile area, temporary and permanent overburden storage area, and processing plants- S&ME Response 4: Drawing 2 has been added to clearly show land usage within the permit boundary. NCDEQ Comments No. 5: Your application stated that the 25'buffers would be undisturbed. Please label on the mine map that the buffers are undisturbed buffers. S&ME Response 5: The drawings have been updated to clarify that the 25-ft buffers are undisturbed buffers. NCDEQ Comments No 6:A minimum SO-foot-wide undisturbed buffer is required between any land-disturbing activities and any natural water courses and wetlands unless smaller buffers can be justified. You've proposed 25' buffers, please provide a justification for the 2S'buffers. Please keep in mind that Grassy Creek is on the 303(d) list of impaired waters for an impaired biological community. S&ME Response 6: The existing permit utilizes a 25-ft stream and wetland buffer as shown on the existing Mine Permit Map in Appendix I. We propose maintaining a 25-ft stream and wetland buffer which is consistent with the existing Permit, NCDEQ Comments No 7. The buffers on the mine map sheet 1 state there is a "note 1"however, there is no note for further explanation. The buffers on mine map sheet 2 state there is a "note 2", however there is no note for further explanation. The wetland and streams on sheet 2 state there is a "note 1'; however there is no note for further explanation. Please clarify. S&ME Response 7: The note and reference numbering on the Drawings has been corrected.. NCDEQ Comments No 8:Please clearly identify and label on the mine map all affected areas. S&ME Response 8: Drawing 2 has been added to clearly show land usage within the permit boundary. NCDEQ Comments No 9: Please clarify the name of the mine. The name provided in the application does not match the name on the current permit. Please include the name of the mine on the mine maps. S&ME Response 9: The name of the mine is "Altapass Mine". The application has been updated accordingly and is provided as Appendix IV. NCDEQ Comments No 10: The permit boundary on the map provided as part of this modification application includes a parcel labeled as US Gypsum on the last approved mine map. Please clarify if you intend to include this area as part of the permitted boundary. S&ME Response 10: The US Gypsum property is not intended to be added as part of this Mine Permit Modification. An updated property boundary survey is included as Appendix II. The Drawings have been updated as shown in Appendix III. November 10, 2023 2 Mine Permit Modification — Response to Comments_ Altapass Mine—Mining Permit No. 61-16 �• Mitchell County, North Carolina S&ME Project No. 213314 NCDEQ Comments No 17: The affected area includes the rail between your plant north of the rail, and your pits, south of the rail.All affected areas must be included within the mine permit boundary. S&ME Response 11:The permit boundary has been updated to provide one contiguous boundary including the railroad areas between the plant and pits as shown on the Drawings in Appendix III. NCDEQ Comments No 12: Your previous application referenced chemical tanks stored on site, however, this application states there will be no storage of fuel tanks, solvents, or other chemical reagents to be stored on site. Please clarify. S&ME Response 12: Pages 6 and 10 of the Mine Permit Application have been updated to describe the chemicals which are stored on-site as part of mineral processing operations. The Mine Permit Application is included as Appendix IV. NCDEQ Comments No 13: Your previous application stated no explosives will be utilized for mining purposes but may be used for construction on an extremely limited basis. However, this application states there will be no explosives used. Please clarify. S&ME Response 13: Explosives are not proposed to be used for activities described in this Mine Permit Modification. A subsequent Mine Permit Modification will be submitted for future work which may require explosives_ Page 10 of the Mine Permit Application has been updated accordingly. The Mine Permit Application is included as Appendix IV. NCDEQ Comments No 74:Please provide construction and maintenance details of the gate and fence used for a permanent barricade as part of the reclamation plan. Please label the location of these barricades on the mine map. S&ME Response 14:A gate and fence will be located across the new access road from Highway 226 as shown on the Drawings. A Reclamation Plan has been added to the Drawing set as Drawing 3. As shown in the Reclamation Plan a fence will be added around the Excavation Area near the confluence of Grassy Creek and the North Toe River. Gate and fence details have been added to the Drawing. The updated Drawings are included as Appendix III. NCDEQ Comments No IS:Please refer to Section D of the mine permit application and provide a reclamation map that clearly illustrates the reclamation plan for the entire site. The map should clearly illustrate the post-mining use of the entire site. It should also include all italicized items listed in the application. S&ME Response 15:A Reclamation Plan has been added to the Drawing set as Drawing 3. The updated Drawings are included as Appendix III. NCDEQ Comments No 16:Please clarify the intent of the improved access from Highway 226. Please clearly identify and label on the mine map any haul roads that connect this improved access to other areas of the mine. S&ME Response 16: Quartz Corp is in the process of evaluating several potential grading alternatives for a freshwater reservoir that will be constructed within the permit boundary. The freshwater reservoir is necessary to provide suitable water during time periods when the water in Grassy Creek is too turbid for use in mineral processing operations. A subsequent Mine Permit Modification application package will be submitted upon selection and design of the freshwater November 10, 2023 3 Mine Permit Modification — Response to Comments Altapass Mine—Mining Permit No. 61-16 Mitchell County, North Carolina III E S&ME Project No. 213314 reservoir configuration. The subsequent Mine Permit Modification application package will demonstrate how the improved access road from Highway 226 shown in this application will be extended to the proposed reservoir location. No stream or wetland impacts will be conducted prior to receipt of both a Mining Permit and applicable 404/401 permits. This clarification is included in the Narrative Section 1.0. Please contact us at your earliest convenience if you have any questions or need additional information. Sincerely, S&ME, Inc. 1601 Christopher'J. L. Stahl, P.E. Cedric H. Ruhl, P.E. Director of Energy Senior Engineer cstahl@smeinc.com cruhl@smeinc_com Attachments: '%top" Mine Permit Modification application package November 10, 2023 4 Mine Permit Modification—Response to Comments a Altapass Mine—Mining Permit No. 61-16 \.00 The Quartz Corp USA I IIMitchell County, North Carofina Emom S&ME Project No. 213314 Table of Contents 1.0 INTRODUCTION.............................................................................................................I 1.1 Existing and Proposed Land Use.................................................................................................1 1.2 Additional Parcel........................................•---................................................................................2 2.0 NATURAL AND CULTURAL RESOURCES..............................................................2 2.1 Stream and Wetland Delineation.................................................................................................2 2.2 Threatened and Endangered Species Habitat Assessment.......................................................3 2.1.1 Gray Bat............................................................................................................................................4 2.1.2 Northern Long-eared Bat..............................................•........................................... 2.1.3 Tricolored Bat..............................................................................•--•..................................................6 2.1.4 Bog Turtle•........................................................................................................................................6 2.1.5 Appalachian Elktoe..................................................... .....................................................................7 2.1.6 Monarch Butterfly..................................................................................... 2.1.7 Virginia Spiraea................................................................................................................................7 2.1.8 Rock Gnome Lichen...........................................................................................................................S 2.3 Scoping Letters to Regulatory Agencies.....................................................................................8 2.4 Cultural Resources.........................................................................................................................9 3.0 PERMITTING....................................................................................................................9 3.1 Mine Permit Modification.............................................................................................................9 3.1.1 Buffers ...........................................................................................9 3.1.2 Denial Criteria..................................................................................................................................9 3.1.3 Reclamation Bond................................................................ ..•.•. ..11 3.1.4 Calculations.....................................................................................................................................12 3.1.4.1 Stormwater Management................................................................................................................12 3.1.4.2 Temporanj Holding Basin...............................................................................................................12 3.2 NCDOT Driveway Permit........................................................................................................... 12 3.3 401/404 Permit...............................................................................................................................12 3.4 NPDES Wastewater Permit.........................................................................................................13 November 10, 2023 i Mine Permit Modification — Response to Comments Altapass Mine-- Mining Permit No. 61-16 � The Quartz Corp USA Mitchell County, North Carolina E S&ME Project No. 213314 4.0 CONSTRUCTION..........................................................................................................13 4.1 Construction Sequencing............................................................................................................13 4.1.1 Construction ...................................................................................................................................13 4.1.2 E&SC and Construction (Stream/Culvert Installation).................................................................14 4.1.3 E&SC and Construction (Temporary Holding Basin)....................................................................15 4.1.4 Close Out.........................................................................................................................................15 4.2 Erosion and Sediment Control...................................................................................................15 Figures Figure 1 -Site Vicinity Quadrangle Map Figure 2-Site Vicinity Highway Map Appendices Appendix I-Existing Mine Permit Map Appendix II-Property Boundary Survey Appendix III-Mine Permit Modification Drawings Appendix TV-North Carolina Mining Permit Application Appendix V-Public Notification Documentation Appendix VI-Reclamation Bond Appendix VII-Scoping Letters and Responses Appendix VIII- Archaeological Survey Appendix DC-NCDOT Driveway Permit Figure and Approval Appendix X -Calculations Appendix XI-NPDES Wastewater Permit Submittals November 10, 2023 �i Mine Permit Modification— Response to Comments Altapass Mine—Mining Permit No. 61-16 The Quartz Corp USA Mitchell County, North Carolina S&ME Project No. 213314 7.0 INTRODUCTION S&ME, Inc. (S&ME) is pleased to submit this Mining Permit Modification on behalf of The Quartz Corp USA (Quartz Corp). Quartz Corp has an active mining permit(Permit No. 61-16) for their Altapass Mine Site in Spruce Pine, Mitchell County, North Carolina.The most recent permit modification was approved on June 19, 2007. Quartz Corp intends to construct a temporary holding basin on the land covered by the active permit, add one additional parcel (PIN: 0799-09-16-2177) which is contiguous to the active permit, and construct an improved access road from Highway 226 across the additional parcel. Quartz Corp is in the process of evaluating several potential grading alternatives for a freshwater reservoir that will be constructed within the permit boundary. The freshwater reservoir is necessary to provide suitable water during time periods when the water in Grassy Creek is too turbid for use in mineral processing operations. A subsequent Mine Permit Modification application package will be submitted upon selection and design of the freshwater reservoir configuration. The subsequent Mine Permit Modification application package will demonstrate how the improved access road from Highway 226 shown in this application will be extended to the proposed reservoir location. No stream or wetland impacts will be conducted prior to receipt of both a Mining Permit and applicable 404/401 permits. 1.1 Existing and Proposed Land Use The project area is located in Spruce Pine, Mitchell County, North Carolina as shown on Figures 1 and 2. The existing land conditions generally consist of steep wooded terrain south of the North Toe River, and industrial and residential areas north of the North Toe River. The existing permitted land use is shown on the existing Mining Map included as Appendix I and consists of stockpile and processing facilities north of the North Toe River, processing, excavation, and stockpile areas on the east side of Grassy Creek near the confluence of the North Toe River, and relatively large areas of unallocated land abutting the east and west banks of Grassy Creek. The existing permitted limits do not include access to North Carolina Highway 226.A new property boundary survey was conducted as part of this Mine Permit Modification and is included as Appendix II. The proposed land use is shown on the Drawings in Appendix III and includes construction of a lined temporary holding basin with associated pump and pipe infrastructure and an improved access road from Highway 226. The temporary holding basin consists of an approximately 715,000-gallon reservoir with a double-liner system that can temporarily store wastewater effluent during outages of the primary treatment system. The wastewater stored in the basin will be pumped back to the treatment system as early as practical. The emergency basin will not require clearing to construct. Erosion and sediment control measures will be installed prior to land disturbance and will remain in place until the tributary drainage area is stabilized with permanent ground cover. The design, including final grading plans are subject to change pending incorporation of geotechnical information that was obtained from recent drilling activities. The proposed land use does not include mining for commercial activities. November 10, 2023 1 Mine Permit Modification —Response to Comments Altapass Mine—Mining Permit No. 61-16 ,%Mr/ The Quartz Corp USA I Mitchell County, North Carolina S&ME Project No. 213314 1.2 AdditionaI Parcel The proposed Mining Permit Modification includes the addition of one parcel between the currently permitted mining limits and NC Highway 226 to provide highway access. The parcel is shown on the Drawings in Appendix III and described in the North Carolina Mining Permit Application in Appendix IV. The parcel ID and acreage are summarized as follows: Parcel ID = 0799-09-16-2177. Area = 6.56 acres. Property owners adjacent to the proposed additional parcel have been notified as required. Proof of notification is provided in Appendix V. 2.0 NATURAL AND CULTURAL RESOURCES S&ME has performed natural and cultural resources due diligence activities in the footprint of the proposed freshwater reservoir and access roads, summarized as follows. `-- 2.1 Stream and Wetland Delineation S&ME performed a jurisdictional delineation to identify the location of jurisdictional Waters of the U.S.within the boundaries of the project areas in September 2022.Jurisdictional waters are those waters, including wetlands, which are subject to Section 404 of the Clean Water Act (CWA) under the federal regulatory authority of the U.S. Army Corps of Engineers (USACE), as well as Section 401 of the CWA under the regulatory authority of the North Carolina Division of Water Resources (NCDWR).Our approach to performing the jurisdictional delineation included: Assessment and documentation of site conditions as to the presence and/or absence of wetland areas, using the three-parameter approach (hydric soils, hydrophytic vegetation, and wetland hydrology) set forth in the 1987 USACE Wetlands Delineation Manual and appropriate Regional Supplement. Identification and demarcation of waterways (rivers, streams, and other jurisdictional linear features), takes, and ponds, considered to be Waters of the U.S. under the jurisdiction of the USAGE and NCDWR utilizing the North Carolina Division of Water Quality's (NCDWQ's) Stream Identification Method and Form (Version 4.11)_ Identification and demarcation of upland/wetland boundaries and waterway boundaries with sequentially numbered flagging. Relevant supporting information, including Mitchell County GIS data, U.S.Geological Survey (USGS) topographic maps, Mitchell County Topographic Maps, the Mitchell County Soil Survey, the U.S. Department of Agriculture publication Hydric Soils of the U.S., and representative aerial imagery were reviewed prior to conducting field work. Upon completion of the field delineation, the delineated boundaries were located in the field with a Trimble(K) GeoXH Global Positioning System (GPS) unit capable of sub-meter accuracy. November 10, 2023 2 Mine Permit Modification —Response to Comments A " Altapass Mine—Mining Permit No. 61-16 N%R.. The Quartz Corp USA Mitchell County, North Carolina S&ME Project No. 213314 The location of potentially jurisdictional streams and wetlands are shown on the Drawings in Appendix Ill. The design including final grading plans are subject to change pending receipt of topographic survey information. Impacts to streams and wetlands have been minimized and will be avoided where possible. Stream and wetland impacts will be permitted as described in Section 3.3 of this report. 2.2 Threatened and Endangered Species Habitat Assessment To determine compliance with applicable sections of the ESA of 1973 (16 USC 1531-1543), S&ME biologists visited the site in September 2022 to conduct surveys for relevant federally protected species. Prior to the site visit, S&ME submitted a request for information to the NC Natural Heritage Program (NCNHP). The NCNHP responded with a report dated August 15, 2022 that listed element occurrences, natural areas, and managed areas within a one-mile radius of the project area.The report identified two element occurrences, neither of which hold federal protection status, and one natural area within the project area. No managed areas were recorded within the project area-The report identified eight element occurrences, none of which hold federal protection status, two natural areas, and seven managed areas within one mile of the project area. Three of the managed areas are owned by the State of North Carolina. S&ME also consulted the US Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC} system for a list of species that are known or expected to be near the assessment area. The IPaC report identified the species listed in Table 1 as having potential to be directly or indirectly affected by activities in the project area. Table 1:FederallyListed S ecies Sum ma Foraging habitat present. No caves/portals observed. Site Gray Bat Myotis grisescens Endangered clearing for construction will occur outside of maternity roosting season for bats. Northern Myotis Foraging habitat present. No caves/portals observed.Site Lang-eared Bat septentrionalis Threatened clearing for construction will occur outside of maternity roosting season for bats. Proposed Foraging habitat present. No caves/portals observed. Site Tricolored Bat Perimyotis subflavus Endangered clearing for construction will occur outside of maternity roosting season for bats. s Clemm y Similarity of Bog Turtle No habitat observed within project LOD. muhlenbergii Appearance (Threatened) Appalachian Alasmidonta Endangered Suitable habitat observed in Grassy Creek. No impacts to Elktoe raveneliona creels proposed. Monarch Butterfly Danaus plexippus Candidate No open fields or meadows observed on-site. November 10,2023 3 Mine Permit Modification —Response to Comments Altapass Mine--Mining Permit No. 61-16 `r..l The Quartz Corp USA AMEU Mitchell County, North Carolina S&ME Project No. 213314 Virginia Spiraea Spiraea vlrginlana Threatened Potential habitat along lower portions of Grassy Creek. LOD sited to avoid these areas. Rock Gnome Gymnoderma lineare 'Endangered No habitat observed. Lichen Descriptions of the relevant species taken from USFWS sources are provided below. 2.1.1 Gray Bat Status: Endangered Biological Determination: May Affect, Not Likely to Adversely Affect Gray bat has unicolored dorsal fur (gray after the mid-summer molt, at other times sometimes chestnut brown or russet), paler below, with hairs darker basally;wing membrane (gray) connects to the foot at the ankle. There is a distinct sagittal crest on the skull. Gray bat is most likely to be confused with M. lucifugus, M. sodalis, M. austroriparius, and M. septentrionalis. It is distinguished from these by uniform-colored dorsal fur from base to tip (all others have contrasting shades, bi- or tri-colored dorsal fur) and by attachment of wing membrane at the ankle, not at base of toe. Mating occurs in September-October.Adult females store sperm through the winter and become pregnant soon after emergence from hibernation. One young is born late in May or in early June. Larger colonies are more successful in raising young. Most young are able to fly in 20-35 days, depending on colony size. Individual females typically do not produce young until their second year_ Recorded maximum longevity approximately 14-17 years but may be longer. Maternity colonies include from a few hundred to many thousands of individuals. Wintering caves often are hundreds of kilometers from summer range_ Individuals regularly migrate 10-27D miles between summer maternity sites and winter hibernacula. In some areas, the same caves are used in winter and summer; in other areas (e_g_, Missouri,Arkansas) many caves used in summer are vacant in winter. Females depart wintering caves in late March and early April, males in late April and May. Evidence suggests that bats migrate in small flocks (Barbour and Davis 1969).Small caves may be used as rest stops. Gray bats show strong philopatry to both summering and wintering sites. Roost sites are nearly exclusively restricted to caves throughout the year, though only a few percent of available caves are suitable.Winter roosts are in deep vertical caves with domed halls. Large summer colonies utilize caves that trap warm air and provide restricted rooms or domed ceilings; maternity caves often have a stream flowing through them and are separate from the caves used in summer by males. In the summer, maternity colonies prefer caves that act as warm air traps or that provide restricted rooms or domed ceilings that are capable of trapping the combined body heat from thousands of clustered individuals_ Undisturbed summer colonies may contain up to 2S0,000 bats, and average 10,000 to 25,000. Summer caves are nearly always located within 0.6 mile of a river or reservoir over which the bats forage. November 10, 2023 4 Mine Permit Modification—Response to Comments err► ; Altapass Mine—Mining Permit No. 61-16 ...i The Quartz Corp USA Mitchell County, North Carolina S&ME Project No. 213314 Young often feed and take shelter in forest areas near the entrance to cave roosts. Foraging is generally parallel to streams, over the water at heights of 6 to 9 feet. The energy demands on adult females are tremendous during lactation, and individual females sometimes feed continuously for seven or more hours per night. They feed mostly upon flying insects, including mayflies and beetles. S&ME's assessment of the project area did not identify caves or portals that would serve as suitable roost sites within the proposed limits of disturbance. However, according to the USGS Mineral Resources online spatial database, one mine was identified on the site, and ten other mines are recorded in a 0.50-mile radius of the project area. The mine site recorded on the site is identified as the C.W. Allen Prospect of unknown operator type (35.90203, -82.06928). The record likely relates to surface excavation that occurred along the western project area boundary. Although no evidence of caves, mine shafts or portals were observed on-site, the project area contains suitable foraging habitat for this species. Primary clearing activities will be scheduled outside of March 15- November 1, thereby avoiding the gray bat's period of highest activity. 2.1.2 Northern Long-eared Bat Status: Threatened Biological Determination: May Affect, Not Likely to Adversely Affect The northern long-eared bat (Myotis septentrionahs) is a medium-sized bat about three to 3.7 inches in length but with a wingspan of 9 to 10 inches. This bat generally is associated with old-growth forests composed of trees 100 years old or older. It relies on intact interior forest habitat, with low edge-to-interior ratios. Relevant late- successional forest features include a high percentage of old trees, uneven forest structure (resulting in multilayered vertical structure), single and multiple tree-fall gaps, standing snags, and woody debris. Foraging occurs within forests, along forest edges, over forest clearings, and occasionally over ponds. Eleven individuals (10 males, 1 female) tagged with chemical lights observed during the summer in Missouri, foraged almost exclusively among the trees of hillside and ridge forests, rather than utilizing floodplain and riparian forests; frequently foraging occurred within one to three meters of the ground. Foraging bats doubled back frequently and only slowly moved out of the observation area. In Iowa, females were found primarily foraging in mature deciduous uplands with adjacent deep ravines and in a disturbed riparian area with an adjacent floodplain and agricultural lands. Hibernation occurs primarily in caves, mines, and tunnels, typically those with large passages and entrances, relatively constant and cool temperatures, high humidity, and no air currents_ Hibernators frequently roost in crevices, drill holes, and similar sites where they may be overlooked during surveys but roosting in the open is not uncommon. A lack of suitable hibernacula may prevent occupancy of areas that otherwise have adequate habitat. Although no evidence of caves, mine shafts or portals were observed on-site, the project area contains suitable foraging habitat for this species. November 10, 2023 5 Mine Permit Modification—Response to Comments Altapass Mine—Mining Permit No. 61-16 s `..•l The Quartz Corp USA Mitchell County, North Carolina I S&ME Project No. 213314 Primary clearing activities will be scheduled outside of March 15- November 1, thereby avoiding the gray bat's period of highest activity_ 2.1.3 Tricolored Bat Status: Proposed Endangered Biological Determination: May Affect Not Likely to Adversely Affect The tricolored bat (Perimyotis subflavus) is the smallest bat within found in the eastern and midwestern states. It typically weighs about 1.5-3 ounces and its length is 3-3.5 inches from head to toe.The tricolored bat gets its name due to its pelage hair upon close examination being brown at the tip, yellow in the middle, and dark at the base.These bats have oblong ears_These bats also tend to be slow fliers with erratic and fluttering patterns while foraging. Tricolored bats appear to inhabit landscapes that are partly open, with large trees and plentiful woodland edges. They are found in a variety of terrestrial habitats, including grasslands, old fields, suburban areas, orchards, urban areas and woodlands, especially hardwood woodlands. They generally avoid deep woods as well as large, open fields. They require specific habitats for hibernating, roosting and foraging. These bats will hibernate in caves, mines and even buildings with variations in hibernation site selection by region. They also tend to occupy the very back of the caves and other hibernation sites,where temperature is highest and least variable, the walls of the cave are warmer, and humidity levels are higher. Tricolored bats will roost in a wide variety of habitats, again varying by region.They may be found in caves, crevices, trees and anthropogenic structures such as barns.They tend to feed over water bodies such as rivers or lakes, where insect populations are highest.They also tend to select for more open foraging sites,with higher canopies where canopies occur at all. Primary clearing activities will be scheduled outside of March 15 - November 1, thereby avoiding the gray bat's period of highest activity. 2.1.4 Bog Turtle Status: Similarity of Appearance (Threatened) Biological Determination: No Effect The bog turtle (Clemmys muhlenbergic) is the smallest turtle inhabiting North America. Its length typically does not exceed three to four inches and its weight is usually around four ounces. On its neck there is a orange/yellow patch coloration found which helps distinguish it from other turtles. This species emerges from its hibernation in early to mid-April and begin mating as early as May. A female typically lays a clutch of one to six small,white, elliptical eggs in a shallow nest of sphagnum moss or tuft of grass above the water line.After seven to eight weeks, the hatchlings emerge. Hatchlings often spend their first year near the nest. Bog turtles live in the mud, grass and sphagnum moss of bogs, swamps, and marshy meadows. These wetlands are usually fed by cool springs flowing slowly over the land, creating the wet, muddy soil needed by the turtles. November 10, 2023 6 Mine Permit Modification —Response to Comments Altapass Mine—Mining Permit No. 61-16 ,%Wr The Quartz Corp USA �. Mitchell County, North Carolina S&ME Project No. 213314 Species that are threatened due to similarity of appearance are not biologically endangered or threatened and are not subject to Section 7 consultation_ However, the project as proposed should have no effect on bog turtles because the site does not contain suitable habitat for this species. Although some of the onsite wetlands can be characterized as seeps, they are either located in wooded areas or flow across the existing gravel access road where the substrate and duration of soil saturation is not likely considered conducive. 2.1.5 Appalachiali Elktoe Status: Endangered Biological Determination: May Affect, Not Likely to Adversely Affect The Appalachian elktoe (Alasmidonto roveneliona) is a thin, kidney-shaped mussel with a shell that reaches a maximum length of 117 millimeters. The shell ranges in color from yellowish brown to dark brown. Dark green rays of varying widths occur on some shells of this species_ The Appalachian elktoe inhabits relatively shallow, medium-sized creeks and rivers with cool, well-oxygenated and moderate-to-fast flowing water_ It has been observed in a variety of substrate types including gravel mixed with cobble and boulders, in cracks within bedrock, and occasionally in relatively silt-free, coarse sand. The project as proposed may affect, but not likely to adversely affect the Appalachian Elktoe because the project site is located adjacent to suitable habitat for this species. However, the project has been designed to avoid impacts to Grassy Creek. 2.1.6 Mmarch .butterfly Status: Candidate Biological Determination: No Effect The monarch butterfly (Donous plexippus) is reddish/orange in color with black vein like markings. It has a black border around its wings with white spots. In the spring and summer, the monarch butterfly's primary habitat is open field and meadows containing milkweed. In the winter it can be found on the coast of southern California as well as high altitudes of central Mexico_ Species listed as candidate are not biologically endangered or threatened and therefore are not subject to formal Section 7 consultation. However, the project as proposed should have no effect on the monarch butterfly because the project site does not contain open fields or meadows. 2.1.7 Virgifiia Spiraea Status: Threatened Biological Determination: May Affect, Not Likely toAdversely Affect Virginia spiraea (Spiraea virginiona) is a shrub endemic to the southern Appalachians.This plant species that typically exists in clumps. Mature plants reach a height of three to ten feet. Young stems are greenish yellow to dark brown and mature stems are dark gray. The roots form a complex system.The creamy white flowers are in tightly packed bunches. November 10,2023 7 Mine Permit Modification— Response to Comments Altapass Mine— Mining Permit No. 61-16 14 , The Quartz Corp USA Mitchell County, North Carolina I S&ME Project No. 213314 Habitat for the Virginia spiraea includes periodically flood-scoured banks of high-gradient mountain streams, meander scrolls, point bars, natural levees, and braided features of lower stream reaches, and occasionally near disturbed rights-of-way. This plant is often found on geologically active areas with erosion, deposition, and slumping, along rivers with dynamic flooding regimes, sandbars, scoured river shores and flat rocks with crevices. These areas also are associated with cobbles, boulders, and massive rock outcrops with sandy or clay soils and can be periodically xeric. These plants are often seen in silt, mud, and sand. In North Carolina, this species occurs along rocky bars at river edges. It grows between boulders and in fine alluvial sand and other alluvial deposits. These sites tend to be seasonally saturated. Portions of the lower edge of the banks along Grassy Creek exhibited potentially suitable habitat for this species. Although no populations of Virginia spiraea were observed, the assessment was not conducted during the optimal survey window, so the absence of this species cannot be definitely ruled out. However, the project should not affect adversely affect this species because the LOD does not encroach within portions of Grassy Creek's banks where potentially suitable habitat was observed. 2.1.8 Rock Gnome Lichen Status: Endangered Biological Determination: No Effect The rock gnome lichen (Gymnodermo lineare), of the reindeer moss family, grows in dense colonies of narrow, strap-like lobes, called squamules.The squamules are blue gray on the upper surface and typically shiny white on the lower surface. Near the base of the lobe, the color darkens to black. The squamules are less than one millimeter wide and one to two centimeters long. The small fruiting bodies occur at the tips of the squamules from July to September. The fruits are colored black or brown and no larger than one millimeter. The rock gnome lichen only grows in areas with a great deal of humidity, such as high elevations (above 5,000 feet)where fog often occurs or in deep river gorges at lower elevations. Habitat is restricted to vertical rock faces occasionally exposed to seepage water.This plant does well on moist, generally open sites with northern exposures but needs partial canopy coverage on southern or western aspect because it is intolerant of high- intensity solar radiation.This plant will also occur in high elevation coniferous forests, containing red spruce and Fraser fir, usually on rocky outcrop or cliff habitats present within. The project as proposed should have no effect on rock gnome lichen because the project site does not contain suitable habitat for this species. 2.3 Scoping Letters to Regulatory Agencies S&ME previously submitted Scoping letters to the following regulatory agencies: ..r North Carolina Division of Water Resources (NCDWR); North Carolina State Historic Preservation Office (NCSHPO); North Carolina Wildlife Resources Commission (NCWRC); November 10, 2023 8 Mine Permit Modification — Response to Comments Altapass Mine--Mining Permit No. 61-16 �.. The Quartz Corp USA Mitchell County, North Carolina S&ME Project No. 213314 United States Army Corps of Engineers (USACE); and United States Fish and Wildlife Service (USFWS). Responses were received from the regulatory agencies except for NCDWR. The scoping letters and responses are included in Appendix VII. A Phase 1 Archaeological Study was conducted based on comments from NCSHPO which is described in Section 2.4 of this report. 2.4 Cultural Resources S&ME conducted a Phase 1 Archaeological Study in the footprint of the proposed freshwater reservoir and access roads in October 2022. The Archaeological Study used both pedestrian and shovel test pit methods for identifying and evaluating archaeological sites for inclusion in the National Register of Historic Places (NRHP). One archaeological site, a historic house site, was identified and recommended as not eligible for inclusion in the NRHP_The Archaeological Study is included in Appendix Vill. 3.0 PERMITTING The proposed activities will require a Mine Permit Modification, NCDOT Driveway Permit, and 401/404 Permit, described as follows. 3.1 Mine Permit Modification The Mine Permit Modification document consists of this report and all associated attachments including Drawings and North Carolina Mining Permit Application. This Mine Permit Modification application includes buffers and addresses denial criteria as described below. 3.1.1 Buffers Buffers are shown on the Drawings in Appendix Ill. An undisturbed buffer of 25 feet is incorporated where the mine permit extents adjoin property not owned by The Quartz Corp,with the exception of the proposed driveway access at NC Highway 226 and existing developed areas north of the North Toe River. A buffer of 25 feet is applied to delineated streams and wetlands including Grassy Creek. The 25-foot buffer width is consistent with the existing Mining Permit as shown on the map included as Appendix 1. Due to the nature of the site some construction activities will be conducted within streams, wetlands, and their buffers. Stream and wetland impacts will be permitted as described in Section 3.3 of this report. No stream or wetland impacts will be conducted prior to receipt of both a Mining Permit and applicable 404/401 permits. 3.1.2 Denial Criteria North Carolina General Statute (NCGS) §74-51(d) describes seven criteria that may be invoked to deny the permit modification. The following sections describe how this modification will not invoke any of the seven denial criteria. The denial criteria is provided in bold text and the description is provided in standard text. November 10, 2023 9 Mine Permit Modification—Response to Comments Altapass Mine—Mining Permit No. 61-16 *..., The Quartz Corp USA Mitchel[ County, North Carolina S&ME Project No. 213314 Criteria 1 - §74-51(d)(1) That any requirement of this Article or any rule promulgated hereunder will be violated by the proposed operation. The activities described in this Mine Permit Modification will not violate any requirements of NCGS Chapter 74 Article 7 or any rule promulgated hereunder. Criteria 2 - §74-51(d)(2) That the operation will have unduly adverse effects on potable groundwater supplies, wildlife, or fresh water, estuarine, or marine fisheries. The activities described in this Mine Permit Modification will not have unduly adverse effects on potable groundwater supplies, wildlife, or fresh water, estuarine, or marine fisheries. `— Criteria 3 - §74-51(d)(3) That the operation will violate standards of air quality, surface water quality, or groundwater quality that have been promulgated by the Department. The activities described in this Mine Permit Modification will not violate standards of air quality, surface water quality, or groundwater quality that have been promulgated by the Department. Erosion and sediment control measures will be installed prior to conducting land disturbance, and those E&SC measures will remain in place until stabilization of the tributary drainage area with permanent vegetation or as otherwise specified on the Drawings. Dust control measures will be utilized as required during construction to prevent significant amounts of wind-borne dusting. The temporary storage basin will incorporate two geomembrane liners to protect underlying soils and groundwater. Criteria 4 - §74-51(d)(4) That the operation will constitute a direct and substantial physical hazard to public health and safety or to a neighboring dwelling house, school, church, hospital, commercial or industrial building, public road or other public property, excluding matters relating to use of a public road. The activities described in this Mine Permit Modification will not constitute a direct and substantial physical hazard to public health and safety or to a neighboring dwelling house, school, church, hospital, commercial or industrial building, public road or other public property, excluding matters relating to use of a public road. November 10, 2023 10 Mine Permit Modification —Response to Comments Altapass Mine—Mining Permit No. 61-16 �..� The Quartz Corp USA Mitchell County, North Carolina S&ME Project No. 213314 Criteria 5 - §74-51(d)(5) That the operation will have a significant adverse effect on the purposes of a publicly owned park, forest or recreation area. The activities described in this Mine Permit Modification will not have a significant adverse effect on the purposes of a publicly owned park, forest or recreation area. Criteria 6 - §74-51(d)(6) That previous experience with similar operations indicates a substantial possibility that the operation will result in substantial deposits of sediment in stream beds or lakes, landslides, or acid water pollution. Land disturbance associated with this Mine Permit Modification consists of construction activities that have a limited duration. Land disturbance will not be conducted until installation of relevant erosion and sediment control (E&SC) measures. E&SC measures will not be removed until the tributary drainage area is stabilized with permanent vegetation or as specified on the Drawings_ Erosion and sediment control measures have been designed and specified in accordance with the North Carolina Department of Environmental Quality Erosion and Sediment Control Planning and Design Manual_ Criteria 7 - §74-51(d)(7) That the applicant or any parent, subsidiary, or other affiliate of the applicant or parent has not been in substantial compliance with this Article, rules adopted under this Article, or other laws or rules of this State for the protection of the environment or has not corrected all violations that the applicant or any parent, subsidiary, or other affiliate of the applicant or parent may have committed under this Article or rules adopted under this Article and that resulted in a. Revocation of a permit, b. Forfeiture of part or all of a bond or other security, c. Conviction of a misdemeanor under G.S. 74-64, d. Any other court order issued under G.S. 74-64, e. Final assessment of a civil penalty under G.S. 74-64, [or] f. Failure to pay the application processing fee required under G.S. 74-54.1. The Quartz Corp (applicant) and its parents and subsidiaries are in substantial compliance with NCGS Chapter 74 Article 7 and other relevant laws of the state. 3.1.3 Reclamation Bona Quartz Corp currently holds a reclamation bond in the amount of one million dollars, which is the maximum amount required by statute_ Reclamation bond information is included in Appendix VI. November 10, 2023 11 Mine Permit Modification —Response to Comments Altapass Mine—Mining Permit No. 61-16 wwrwr �✓ The Quartz Corp USA aw. Mitchell County, North Carolina I �r■�r S&ME Project No. 213314 3.1.4 Calculations Engineering calculations were prepared to evaluate various aspects of the proposed features. The calculations are included in Appendix X and summarized as follows. 3.1.4.1 Storrnuyater Managernent Construction of the improved access road will require installation of stormwater features including: Culverts; Energy dissipators; and Temporary and Permanent Erosion and sediment control practices. The access road culvert crossing at an unnamed tributary to Grassy Creek has been designed to minimize changes from existing conditions upstream or downstream. The proposed dual 48-inch diameter reinforced concrete pipes will pass the anticipated flows from a 100-year, 24-hour storm without overtopping the access road. The receiving riprap energy dissipator has been designed to provide downstream stability for culvert outflows from the 100- year, 24-hour design storm. 3.7.42 Temporary Holding Basin The temporary holding basin will have an approximate operating volume of 715,000 gallons,with an additional two feet of freeboard. Filling and dewatering times were evaluated for a range of pump flow rates. The temporary holding basin will provide storage for 4 hours of plant operations assuming a constant inflow rate of 2,500 gpm. 3.2 NCDOT Driveway Permit Construction of the freshwater reservoir and access roads includes a new driveway to provide access to the site from North Carolina Highway 226. The Quartz Corp received Driveway Permit Approval from the North Carolina Department of Transportation (NCDOT) on November 10, 2022. The NCDOT approval letter and driveway permit figure are included as Appendix IX. 3.3 401/404 Permit Temporary and permanent impacts to jurisdictional waters will occur at an unnamed tributary to Grassy Creek as part of construction of an improved access road. The Drawings in Appendix III show field-delineated streams and wetlands and conceptual grades. Impacts to Waters of the U.S. (jurisdictional waters) are regulated by the USACE through Section 404 of the Clean Water Act (CWA).The Wilmington District of the USACE handles Section 404 regulatory review. Section 401 of the CWA grants corresponding regulatory authority to individual states. In North Carolina, the Section 401 regulatory agency is the NCDWR. November 10, 2023 12 Mine Permit Modification —Response to Comments Altapass Mine—Mining Permit No, 61-16r `%..+' The Quartz Corp USA Mitchell County, North Carolina I S&ME Project No. 213314 S&ME initially submitted a pre-construction notification (PCN)for Nationwide Permit(NWP) No.44 through the USACE Asheville Regulatory Field Office, and North Carolina's Water Quality Certification (WQC) General Certification (GQ No.4267 by the state but withdrew the PCN after discussion with USACE and NCDWR. A new PCN will be submitted after selection of a freshwater reservoir design alternative such that all proposed stream and wetland impacts related to site development can be considered at one time. No stream or wetland impacts will be conducted prior to receipt of both a Mining Permit and applicable 404/401 permits. 3.4 NPDES Wastewater Permit Quartz Corp has a National Pollutant Discharge Elimination System (NPDES)Waste Water Permit(NC0000353) that expired in 2016. Quartz Corp submitted a letter to NCDENR (now NCDEQ) on July 10, 2015 requesting renewal of the permit. The NCDEQ prepared a draft NPDES permit renewal on October 17, 2018 which was received by The Quartz Corp in 2020. Quartz Corp submitted a letter and supporting documents for a permit renewal application to the NCDEQ on May 4, 2018. The initial July 10, 2015 letter requesting renewal;the NCDEQ draft permit dated October 17, 2018; and the Mayo, 2018 application are included in Appendix XI. 4.0 CONSTRUCTION 4.1 Construction Sequencing The proposed construction sequence is provided as follows: 4.1.1 Cmistructiafz 1. Ensure all applicable permits have been obtained. No stream or wetland impacts will be conducted prior to receipt of both a Mining Permit and applicable 404/401 permits. 2. Notify the North Carolina Department of Environmental Quality (NCDEQ) Mining Program prior to land disturbance: Shawna Riddle, 828-296-4617, Shawna.Riddle(a)ncdenr.goy. 3. Hold pre-construction meeting if requested by NCDEQ. 4. Prior to any site disturbance activities (clearing, grubbing, grading, or excavation), install erosion and sediment control measures. Compost filter socks can be installed as a silt fence alternative if site constraints dictate. 5. Begin construction activities. Ensure all disturbed areas drain towards an installed erosion and sediment control device. 6_ Place compacted fill to meet design grades where necessary. 7. Upon completion of construction stabilize disturbed areas in accordance with the seeding specifications or as shown on the Drawings. November 10, 2023 13 Mine Permit Modification —Response to Comments i Altapass Mine—Mining Permit No, 61-16 s 'r..r The Quartz Corp USA Mitchell County, North Carolina S&ME Project No. 213314 8. Inspect all erosion control devices at weekly intervals and after every rainfall exceeding 1.0-in.within any 24-hour period to verify that they are functioning properly. Any accumulated sediment shall be removed and placed in a designated spoil disposal area. Conduct periodic inspections of all erosion and sedimentation controls and make any repairs or modifications necessary to assure continued effective operation of each device. 4.1.2 E&SC and Coizstruction (Stream/Culvert Installation) 9. Temporarily remove E&SC measures to facilitate culvert installation. 10. Install coffer dams according to plans and dewater ditch using pumps and filter bags if necessary. Any dewatering shall be done through filter bags. 11. Contractor shall access stream for placement of coffer dam by foot within limits of disturbance shown on the plans. 12. Setup pumps interior of coffer dam, hoses, filter bags, intakes, and diffusers as shown on the detail and in a location as directed by the owner's on-site representative. 13. Prepare area for coffer dam by removing rocks and debris within streambed in order to prepare a level, depressed area for placement of coffer dams. Reserve any streambed material for replacement when coffer dams are removed. 14. Continue stacking sandbags as tightly as possible as shown on the detail until the upstream coffer dam is in place and secure. 15. Contractor shall ensure tight seal of sandbag coffer dam during all phases of installation. 16. Sandbags should be placed along the edges of the coffer dam to keep water from cutting around the coffer dam. 17. Concurrently, install the downstream coffer dam in the same manner. 18. With temporary dewatering piping, pump, filter bag, and compost filter sock in place, begin pumping water from between the coffer dams. Keep pump set up in place during construction to continue pumping if necessary.Additional pump equipment, filter bags, and compost filter socks should be un- hand in the event of storm events. 19. Contractor shall monitor weather and work in dry conditions to the best extent passible. Contractor is responsible for stabilizing the construction site to the best extent practical during a storm event. 20. Excavate for the culvert structure. Strip substrate and stockpile. Excavate subgrade soil and stockpile. Undercut and replace existing soft fill or residual soils beneath culvert area with compacted structural fill materials as required by pipe specifications. November 10, 2023 14 Mine Permit Modification —Response to Comments Altapass Mine—Mining Permit No. 61-16 �.� The Quartz Corp USA I �a Mitchell County, North Carolina S&ME Project No. 213314 21. The culvert structure shall be installed in accordance with manufacturers specifications. 22. Culvert backfilling shall be performed in accordance with the engineered fill/backfill requirements. 23. Where indicated, install coir matting, reinstall silt fence or compost filter sock, and install slope matting. 24. Finalize crossing construction activities per plans. 25. Remove timber mats (if utilized). 26. Remove downstream coffer dam (if utilized). Replace any stockpiled streambed material. 27. Continue pumping any sediment laden material through the filter bag. 28. Remove upstream coffer dam and replace stockpiled streambed material. 29. Apply soil amendments, seed, and mulch to remaining disturbed areas according to the seeding specifications. 4.1.3 E&SC and Construction (Temporary Holding Basin) 30_ Excavate to design subgrade grades. 31. Smooth temporary holding basin irregularities of the subgrade as shown on the plans. Install the geomembrane liner per the manufacturers specifications. Extend liner into anchor trench as shown on the detail, and grade to final grades as indicated on the plans. Place compacted fill to meet design grades where necessary. 32. Install influent and effluent pipes from the temporary holding basin to the facility as shown on the plans. 4.1.4 Close Out 33. Finalize construction activities. 34. Seed, amend soils, and mulch disturbed areas with seeding. 35. Establish permanent vegetation in disturbed areas. 36_ Upon establishment of permanent vegetation remove temporary erosion control measures, as applicable. Temporary matting, if used, shall be left in place. 4.2 Erosion and Sediment Control Land disturbance will not be conducted until installation of relevant erosion and sediment control (E&SC) measures. E&SC measures will not be removed until the tributary drainage area is stabilized with permanent November 10, 2023 15 Mine Permit Modification —Response to Commentsr Altapass Mine—Mining Permit No. 61-16 The Quartz Corp USA ' i Mitchell County, North Carolina ■E �rw► S&ME Project No. 213314 vegetation or as specified on the Drawings. Erosion and sediment control measures have been designed and specified in accordance with the North Carolina Department of Environmental Quality Erosion and Sediment Control Planning and Design Manual. November 10, 2023 16 Figures 1. Site Vicinity Quadrangle Map ( l 2. Site Vicinity Highway Map 1 n14,0 L.. JU ot Ron - ® CEO ® ooQ (? ULZ I k,% N, Y 0 lau Liu 72 sp.-Pm. P�2,19a 338sLiu Im o Ri it Clarrissa&Hawk I is j N W, wmL lit f 4m tllg t',i tj -4— J lim y , /* ,lig Ci bl, Ws� R 1,7 .1 1 Jackson Kb � ENLARGED MUNICIPAL AND SUBURBAN AREAS Z;I 4'. MITCHELL COUNTY NORTH CAROLINA F—DBYTHE z. AANORTH CAROLINA DEPARTMENT OF TRANSPORTATION OPERATIONS PROGRAM MANAGEWN7 MAPPING SECTION IN COOPERATION WRH THE Us.DEPARTMENT OF TRANSPORTATION Spruce Pine and Vicinity FEDERAL HIGHWAY ADMINISTRATION SGLE MILES SHEET 30F3 1 DisTsicn MITCHELLCOUNTY N 1211