20240118_ADI_23-34

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ROY COOPER
Governor
ELIZABETH S.BISER
Secretary �AM° *
WILLIAM E. TOBY VINSON,JR. NORTH CAROLINA
Interim Director Environmental Quality
January 18,2024
Certified Mail
Return Receipt Requested
7022 0410 0003 1066 5863
John Kuhn
Albemarle U.S., Inc.
348 Holiday Inn Drive
Kings Mountain,NC 28086
RE: Kings Mountain Mine -West
Mining Permit No.23-34
Cleveland County
Broad River Basin
Dear Mr. Kuhn:
We have reviewed the modification request your company submitted for the referenced mine site. In order for this
office to complete its review of the referenced project in accordance with N.C.G.S. §74-50 and§74-51 of the Mining
Act of 1971,please provide the additional or revised information in accordance with the following comments:
1. Verify that impact to the tricolored bat, a proposed endangered species detected on the site, will be
mitigated by avoiding tree clearing during their active season(April 1—November 14)as recommended
in your Federally and State-listed species report.
2. Drill location HAC-013 appears to have the straw wattle on the uphill side of the drill pad. East of that
location a drainage flow arrow is flowing uphill against the contours.Please update mine map with the
correct arrow directions and/or contour lines.
3. The sewer reroute enters the wetlands buffer several times. Please confirm that the wetlands will be
unaffected by the installation of the sewer line reroute.
4. Please provide a right-of-way buffer on the mine maps for the sections of the Norfolk Southern railway
within the permit boundaries.
5. Please add the 100-year floodplain limits to the mine map or confirm that the mine is not in the 100-
year floodplain.
6. On the mine map please provide the names of owners of record,both public and private, of all tracts of
land that are adjoining the mining permit boundary.
Please note, this office may request additional information, not included in this letter, as the mining application
review progresses. Be advised that our review cannot be completed until all of the items listed above have been
fully addressed.
D EQl
r—A- North Carolina Department of Environmental Quality I Division of Energy,Mineral and Land Resources
512 North Salisbury Street 1 1612 Mail Service Center I Raleigh,North Carolina 27699-1612
NORhI CAROLINA
oanenmem of Envimomenmi Quality /� 919.707.9200

Certified Mail
7022 0410 0003 1066 5863
Page 2
In order to complete the processing of your application,please forward two(2)copies of the requested information
to my attention at the following address:
Division of Energy,Mineral and Land Resources
Department of Environmental Quality
1612 Mail Service Center
Raleigh,NC 27699-1612
If hand delivering or delivering by shipping company(e.g.,FedEx,UPS),please deliver to our physical address:
Division of Energy,Mineral, and Land Resources
Department of Environmental Quality
512 N. Salisbury Street, 5th Floor
Raleigh,NC 27604
As required by 15A NCAC 5B.0113,you are hereby advised that you have 180 days from the date of your receipt
of this letter to submit all of the requested information. If you are unable to meet this deadline and wish to request
additional time,you must submit information,in writing,to the Director clearly indicating why the deadline cannot
be met and request that an extension of time be granted. If an extension of time is not granted, a decision will be
made to grant or deny the mining permit based upon the information currently in the Department's files at the end
of the 180-day period.
Though the preceding statement cites the maximum time limit for your response,we encourage you to provide the
additional information requested by this letter as soon as possible. Your prompt response will help us to complete
processing your application sooner.
Please contact me at(919)707-9228 if you have any questions.
Sincerely,O
Cmea
CoreyOClaytonO
Assistant State Mining Engineer
cc: Zahid Khan,PE