20100527_Agency_Comments

North Carolina Wildlife Resources Commission
Gordon Myers, Executive Director
MEMORANDUM
TO: Brenda M. Harris, Mining Program Secretary
Land Quality Section
FROM: Ron Linville. Regional Coordinator
Habitat Conservation Program
DATE: May 27, 2010
SUBJECT: Mining Permit Application, Steel Gray Mine Quarry. North Toe River (DWQ
Classification WS-III, Trout), Mitchell County
This correspondence responds to your request for our review of the referenced mine permit
modification. Biologists with the North Carolina Wildlife Resources Commission (NC WRC) are
familiar with habitat values in the area. These comments are provided in accordance with certain
provisions of the Mining Act of 1971 (as amended, 1982: G.S. 74-46 through 74-68: 15 NCAC
5) and the North Carolina General Statutes (G.S. 113-131 et seq.). The NCWRC is authorized to
comment and make recommendations which relate to the impacts of this project on fish and
wildlife pursuant to Clean Water Act of 1977, North Carolina Environmental Policy Act, US
National Environmental Policy Act, Endangered Species Act (16 U. S. C. 1531-1543: 87 Stat
884), the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d)
and/or Federal License of Water Resource Project Act (Federal Power Act-16 U.S.C. 791a et
seq.) as applicable.
The minim application is for a new mining operation near Altapass, North Carolina and the
North Toe River. The mining operation is to extract granite using shovel and truck
methodologies. Waters in the area are Designated Public Mountain Trout Waters that are
Hatchery Supported. Brown, Book and Rainbow trout are stocked in these waters. Wild Brown
and Rainbow trout are known from the watershed. Based on our recent trout economic study, the
average Delayed Harvest fishery is estimated to be worth $2,200.000.00. The Appalachian
elktoe, .41asmidonta raveneliana (FE. NCE) and wavy -rayed lampmussel, Lampsilis fasciola
(NCSC) occur in the North Toe River from the Cane River confluence upstream to near Penland
and may be re -colonizing recovering habitat upstream toward Spruce Pine. Sharphead darter.
Etheostoma acuticeps (FSC, NCT); olive darter, Percina squamata (FSC, NCSC); blotched
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh. NC_7699-1721
Telephone: [phone] • Fax: [phone]

Steel Gray Wine
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7. All local municipalities, including Bakersville. Spruce Pines and Mitchell County should
be notified of this mine permit request prior to any mine permit approvals.
8. We recommend that the mine operation consult with a professional North Carolina
Wildlife Resources Commission biologist(s) to discuss mine planting schedules an
d mine
reclamation activities. To arrange this consultation, project proponents should contact this
office. Additional planting suggestions and plant supply sources may be obtained from
Stewardship biologist, Elizabeth Hughes at 828-651-8380.
Thank you for the opportunity to review and comment on this project. If you have any questions
regarding these comments, please contact me at 336-769-9453.
Attachment: Seed Mixes for Revegetating Disturbed Sites
Native Fruiting Trees & Shrubs for Piedmont Stormwater Ponds
Fishery Management Fact Sheet 21003
Cc: Mr. Brad Gager, dine Manager
Appalachian Stone. Inc.
8487 US Highway 221 North
Marion. North Carolina 28752

Steel Grav dine Page 4 \tag 2010
Seed Mixes for Revegetating Disturbed Sites
Roo:.. &4;,v
aiwoa�. a.aa s
Oats (Mar -Jun), Wheat (Jul -Nov). or Rye Grain (Dec -Feb)
1-2 bags/ ac
, S 5-10 bag
Red Clover Tri olium pratense
10 lbs / acre
I S 3 ! lb
Creeping Red Fescue Festuca rubra
20 lbs / acre
S 2-3 / lb
-The Basic Mix can be sown on disturbed sites in the mountains and upper piedmont year round but
spring or fall seeding will result in a better stand. it is important to use all of the components of the Basic
Mix. The cover crop grain & legume provide rapid green -up while the creeping red fescue is developing.
These components can be obtained locally.
- Grains like oats, wheat. and rye may be sold by weight (pounds) or by volume (bushels).
To simplify things, this mix recommends 1 — 2 BAGS of grain rather than pounds or bushels. With this
mix, 1 bag or about .50 — 60 lbs per acre should be adequate for most sites, but where slope or soil
conditions warrant, increase grain amounts to 100 — 120 lbs (use 2 bags).
-The perennial grass will establish within the first year and is the key to good site stabilization. Creeping
red fescue has a wide range of adaptation when used for erosion control along roads and highways: cuts.
tills, and other disturbed areas: and for stream and channel bank stabilization. It thrives in sun or shade.
and is drought -resistant after establishment.
For permanent seeding of harsh dry sites, Hard Fescue Festuca 10 lbs / acre ! S 31' lb
oreviDila (svn. trachvphylla) can be added to the Basic Mix '
:application Notes
- Disturbed sites with loose soils can usually be sown without extensive seedbed preparation if seeded as
soon as the other work is completed.
- Where necessary, prepare seedbed with conventional farm equipment (tractor and disk), or the soil
surface can be bladed and then tracked with a bulldozer. Hydro -seeding can be used with the Basic Mix
for slopes where equipment access is difficult.
- Red fescue is adapted to sandy and acid soils so extensive soil amendments are usually not needed. On
poor and subsoil sites. a low nitrogen fertilizer such as 5-10-10 may be required. -
- If required.' apply any necessary soil amendments, then drill or broadcast the seed mix.
- The larger cover crop grains can be sown separately first and covered lightly to prevent loss of seed
from wildlife such as turkeys and doves.
-The rest of the seed mix should then be sown, but not covered with soil. It is better to firm the small seed
into the soil than to try to cover it.
- Culti-pack conventional seedbeds to ensure good seed -to -soil contact. Tracked sites will fill in on their
own from rainfall.

Steel Grav Mine Page %lay '?. _U I U
- Apply straw mulch at a minimum of 15 bales per acre to help enhance soil moisture as well as hold the
soil in place until the seed germinates. Use higher rates as site conditions warrant.
- If the site calls for it, natural fiber matting is recommended over plastic matting or matting that contains
strands of plastic that can entrap small animals.
- Monitor the site until the perennial grass component is fully established. Mature stands of the Basic Mix
are short-statured and will not require mowing. The seeded mix should persist for many years. but will
eventually yield to developing successional species.
- Native wildflowers and grasses can be added to the Basic Mix to beautify and diversify the site, and
provide food and cover for wildlife such as deer, turkey, quail, and songbirds. The following lists contain
native species that are reasonably priced as natives go. The easy, proven performers are listed at the top of
the tables, with the more challenging species towards the bottom. These seeds can be ordered from a
reputable seed dealer. For sources, refer to Wildlife Seed List at
httQ"www ncNt'ildlife or« Wildlife Species Con.WSC WP%vl.htm .
- Mixes with native seed can be culti-packed or tracked in with a bulldozer; hydro -seeding is apparently
not recommended. Mixes with mainly wildflowers can be sown in early fall.
Note - when adding native Panicum grass seed, sow the mix in late fall, winter. or early spring to subject
the seed to cool. moist soil conditions necessary to break seed dormancy. Sowing during the warmer
months may delay Panicum germination until the following year, and some seed may be lost in the
interim.
- For information on each native species listed here, visit http: "plants.usda.Lro',- : type in the scientific
name in the search box. Note - adding natives will increase the height of the resulting stands. providing
good wildlife habitat. Frequent mowing destroys food & cover and is not recommended. Mow once every
few years, in late winter, only if absolutely necessary to remove encroaching woody vegetation.
Notiwa enar;pe fnr dry citEQ —add to Basic Mix at 1-2 lbs / acre
L . as %- J
Black Eyed Susan Rudbeckia hirta
$ 16 ' lb
Showy Partridge Pea Chamaecrista (Cassia) asiculata
$ 14 lb
Lanced -leaved Coreo sis Coreo sis lanceolate
$ 1�4 lb
Switch ass Panicum vie atum `Blackwell'
$ 8/lb
Big Bluestem Andro o on gerardii
$ 10 / lb
Purple Cqneflower Echinacea purpurea
$ 20 / lb
Deerton ' e Dicanthelium (Panicum) clandestinum `Tio
$ 12 f lb
Native s Ape for dnmn sites— add to Basic Mix at 1 lb / acre
Showy Bidens Bidens aristosa
$ I6 / lb
Black Eyed_ Susan Rudbeckia hirta
$ 16 / lb
Showy Partridge Pea Chamaecrista (Cassia) asiculata
$ 14/ lb
Pennsylvania Smartweed Polygonum pensylvanicum
$ 16 / lb
Switch ass Panicum vie atum `Cave -in -Rock' or `Kanlow'
$ 9/lb
Smooth or Fall Panic ass Panicum dichotomi onum
$ 10 / lb
Beaked Panic ass Panicum ance s
$ 16 / lb

Steel Gray Mine Page 6 Slav 27. 201 U
Native Fruiting Trees & Shrubs
Use for planting around the perimeter of Piedmont stormwater ponds.
These fast-growing natives will provide food and cover for songbirds. Trees and shrubs can be
grouped according to mature size or planted randomly at a minimum of 100 per acre
(approximately 20 feet x 20 feet). Select at least four species so that no more than 25% of the
plantings will be of a single species.
Large Deciduous Trees (hei 40-50 feet, space 20-25 feet apart)
Sugarberry Celtis laevigata
Red Mulberry _1forus rubra
Small Trees and Larne Shrubs (height 15-30 feet, space 10-15 feet mart)
Wax Myrtle _Vfyrica cerifera
Arrowwood Viburnum dentatum _
Devils Walking Stick Aralia spinosa — may spread by rhizomes
Small Shrubs (height to 10 feet, space 10 feet apart)
Silky Dogwood Cornus amomum
Elderberry Sambucus canadensis
Application notes
- These species are adapted to moist well -drained soil, but will not survive in saturated sites;
plant around, not in, pond.
- Plant dormant (bareroot) seedlings December thru March.
- Balled and burlapped (B&B) plants can be set out any time except in summer.
- Potted plant material can be planted at any time as long as the plants are watered adequately
after they are set out.
- Use of hydro -gel particles such as Terra -Sorb can improve first year survival.
- Super.trVe phosphate can improve survival by stimulating root growth. Do not use any other
fertilizer. in. the hole.
- Refer to attached sheet `Planting Trees and Shrubs' — follow recommendations to ensure best
survival of woody plant material.
- It is expected that 80% of the woody plants planted on the site will be present and in good
growing condition after five years.
The NC Cooperative Extension Service can provide a list of local nurseries and growers. For
mail order sources, refer to 'Native Fruit and Mast Producing Trees and Shrubs' at
liter: Species Con/WSC WP%j.htm .

Steel Gray %line Page 7
*400
May 27. '0
Fisheries Management Fact Sheet 2003
What: Environmental Impacts Caused by Ponds. Ponds provide aesthetic benefits, water for crop
irrigation and livestock. as well as fishing opportunities and wildlife habitat. However, ponds can be
detrimental to fish, wildlife, and water quality if constructed improperly. Ponds that are created by
damming streams, and ponds of any type that continuously release water back into a stream can be
especially harmful.
Where: Poorly designed ponds can impact aquatic life and water quality statewide, but the impacts are
greatest around ponds located in and near coldwater streams in the mountains and foothills.
When: Historically, ponds were built on farms to supply water for livestock and crop irrigation. In recent
years, the rate of pond construction has increased as more and more people move to the mountains and
build ponds to improve the appearance of their property or to provide fishing opportunities.
Why. There are two major problems that ponds can cause. First, a pond created by damming a stream
impedes the migration of many aquatic organisms along the stream, including fish. mussels, and
amphibians. The second problem is related to the release of warm water from ponds. Because
impounded water warms more quickly than moving water, water is considerably warmer in ponds than in
free flowing streams. Furthermore, the warmest water within a pond will be at the surface, while the
coolest water will be found near the pond bottom. Within most ponds, the water that flows out of the
pond and back into adjacent streams is drawn off the surface. When this warm surface water is released.
water temperatures within the stream increase, harming trout, smallmouth bass, and other species adapted
to cooler water temperatures. While there can be thermal impacts below ponds that only release water
periodically during heavy rain events, the impacts will be most severe below ponds that constantly
release water.
How to build ponds without damming the stream channel: To ensure that the migration of aquatic
organisms within streams are not blocked when building a pond, consider locating new ponds away from
streams-andusing surface runoff, springs, or water pumped from wells as water sources. Ponds can also
be filled --by `building them adjacent to a stream and diverting or pumping a small portion of the stream
water into the pond to fill it. Water should only be diverted into the pond continuously while the pond is
being filled. Once the pond is filled, water should only be diverted into the pond as needed to maintain
water levels.
How to reduce the thermal impacts of pond outflows: Thermal impacts caused by ponds that
continuously release surface water into streams can be reduced in ponds that are equipped with a standpipe
to regulate water levels. The installation of a bottom drawoff device (see diagram on next page) over the
existing standpipe helps reduce the temperature of water released by the pond by siphoning off the cooler
water found near the pond bottom. Furthermore, a bottom drawoff also helps prevent fish kills in ponds
by removing the stagnant, low oxygen water from the pond bottom. The drawoff pipe needs to be large

Steel Gmv Mine Pave 3 tav 27. 2010
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enough in diameter so that the cross -sectional area of the space between the two wipes is greater than the
cross -sectional area of the drainpipe. The pipe needs to be long enough to reach into the cooler/deeper
waters of the pond, and should leave at least a couple feet of clearance above the bottom to avoid future
interference from sediment accumulation. The drawoff pipe should be constructed of a relatively light but
rigid material (aluminum is best). Heavy pipes are difficult to mount and put extra strain on the standpipe
that could eventually cause its failure. If the drawoff pipe material isn't sufficiently rigid it may collapse
under the suction pressure. Typically drawoff pipes are mounted by inserting two crossbars through the
pipe 6-12 inches from the top end, then putting the drawoff pipe over the standpipe so that these crossbars
rest on the top of the standpipe. Three bolts or pins can be inserted into the pipe several feet down from
the top to serve as spacers that will keep the drawoff pipe vertical and centered on the standpipe.
Bottom water withdrawal devices do have their limitations. Ponds that are very shallow and/or small may
not benefit since the water temperatures near the bottom and at the surface will be more similar. Also. if
the outflow ffom a pond is going directly into a stream, then the water should be aerated by routine it to
splash onto rocks or other hard, jagged surfaces as it re-enters the stream.
More information concerning pond construction and management is found in the "Pond Management
Guide" published by the N.C. Wildlife Resources Commission and the N.C. agricultural Extension
Service. This guide can be obtained online at www.gwildlife.org or by calling 919 -33-3633.
N.C. Wildlife Resources Commission Division of Inland Fisheries
www.ncwildlife.o _ [phone]

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United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Field Office
160 Zillicna Street
Asheville. North Carolina 28801
June ?, 2010
,-UN 07 2010
Ms. Brenda M. Harris
Mining Program Secretary
Land Quality Section
North Carolina Department of Environment and Natural Resources
1612 Mail Service Center
Raleigh. North Carolina 27699-1612
Dear Ms. Harris:
Subject: dining Permit Application for Appalachian Stone. Inc., Steel Gray Mine, Mitchell
County. North Carolina
On May 20. 2010, we received a copy of the subject mining permit application with your letter
dated May 17. 2010. Your letter asked that comments be returned to your office by June 11.
2010. Please note that it is our policy to have responses to requests for comments mailed
within 30 days of receipt of the request. The quantity of projects we review generally does
not allow for a quicker response. Asking for our response in a shorter period would force
us to give priority to some projects over others; we respond to projects in the order
received and will continue to do so. If you would like our response by a particular date,
please ask for our comments at least a month in advance. The following comments are
provided iln- accordance with the provisions of the National Environmental Policy Act; Fish and
Wildlift Coordination Act, as amended (16 U.S.C. 661-667e); Migratory Bird Treaty Act
(16 U.S.C. 703); and section 7 of the Endangered Species Act of 1973. as amended (16 U.S.C.
1531-1543) ( Act).
The subject application is for a permit to mine granite in a 14.37-acre area. The mine will
include 0.46 acre for a processing area and haul roads, 0.33 acre for sediment ponds, 0.89 acre
for waste piles, and 3.48 acres for excavation. The project area is bordered to the south by the
North Toe River and to the east by an unnamed tributary to the North Toe River.

Our major concerns with this project are the likely impacts to the North Toe River from activities
conducted in the floodplain. Our concerns are heightened because of the presence of the
federally endangered Appalachian elktoe (Alasmidonta raveneliana) downstream of the project
area. .-according to the North Carolina Floodplain Mapping Program
(http://%t-wvv.rtrtIoodmaps.com), a considerably greater proportion of the project area lies within
the 100-year floodplain than is mapped on the project plans. We remind you that Executive
Order 11988 requires federal agencies (and their designated nonfederal representatives) to
consider and protect floodplain functions. We believe the recent examples of flooding
throughout North Carolina highlight the importance of avoiding the "long- and short-term
impacts associated with the occupancy and modification of floodplains" and that we should
.'avoid direct and indirect support of floodplain development." Therefore, we do not believe that
any aspect of this mining operation should in any way result in the alteration (fill or excavation)
of the 100-year floodplain. Additionally, because the North Toe River is a tributary to the French
Broad River, a Nationwide Section 26a Permit from the Tennessee Valley Authority (TVA) ma�-
be needed for this project with the proposed impacts to the floodplain (both excavation and fill).
Section 26a of the TVA Act contains regulations regarding both the location of construction
projects and the types of activities carried out within the Tennessee River or any of its tributaries.
A tributary is defined as any watercourse whose contents, if not obstructed, diverted. or
consumed, will ultimatelv flow into the Tennessee River: thus. TVA*s jurisdiction extends to the
limits of the Tennessee River's watershed. Section 26a is designed to ensure that construction
along the shoreline and in waters of the Tennessee River system does not have a negative effect
on TVA*s management of the river system or its ability to carry out what the TVA Act describes
as the "unified development and regulation of the Tennessee River."
The potential detrimental effects of floodplain mining are serious and numerous. For example.
stockpiles of overburden and gravel left or abandoned in the channel or floodplain can alter
channel hydraulics during high flows; dry -pit and wet -pit mining in floodplains may reduce
groundwater elevations, reduce stream flows, increase water temperature, and create the potential
for fish entrapment; and, the destruction of the riparian zone during extraction operations can
have multiple deleterious effects on aquatic species habitat.
Floodplains and terraces (former floodplains) are the sites of sediment storage in stream systems
and can contain large quantities of sand and gravel. Floodplain mining can disrupt the
preexisting balance between sediment supply and transporting capacity and can result in channel
incision add bed degradation. A floodplain .mine also can become the nucleus of major
instability in the adjacent stream channel when lateral channel movement or overbank flows
redirect the active channel through the excavation pit. When floodplain pits "capture" the active
channel. off -channel mines become in -stream mines that then produce the negative symptoms
associated with in -stream excavation. Channel capture often happens abruptly and usually
occurs where the excavation pit offers flood flows a path of less resistance, often where the path
is a shorter distance for flow to move down valley. Captured pits that are large relative to the
stream channel create lake -like environments that can locally change environmental conditions
and therefore the biological community.
I

lqw+ `7■pc�
It is critical that no sediment from the project enter the North Toe River. Sediment that is
removed from sediment traps should be disposed of at an upland site and should never be
"flushed" into adjacent waterways. Siltation has been documented to adversely affect native
freshwater mussels, both directly and indirectly.' Siltation degrades water and substrate quality.
limiting the available habitat for freshwater mussels (and their fish hosts), thereby limiting their
distribution and potential for the expansion and maintenance of their populations: irritates and
clogs the gills of filter -feeding mussels, resulting in reduced feeding and respiration: smothers
mussels if sufficient accumulation occurs; and increases the potential exposure of the mussels to
other pollutants. Less than 2.5 centimeters (I inch) of sediment deposition causes high mortality
in most mussel species. Sediment accumulations that are less than lethal to adults may adversely
affect or prevent the recruitment of juvenile mussels into the population. In addition. sediment
loading in rivers and streams during periods of high discharge is abrasive to mussel shells.
Erosion of the outer shell allows acids to reach and corrode underlying layers that are composed
primarily of calcium. which dissolves under acid conditions.
The map included with the application indicates there will be a 50-foot buffer between the
mining area and the North Toe River. As you are aware, on the majority of land -disturbance
activities within the watersheds of streams that support federally endangered or threatened
species. we strongly recommend undisturbed forested buffers' (forested with native trees, shrubs.
and herbaceous plants) for all intermittent streams. perennial streams, and wetlands ( minimum
buffers of 100 feet on intermittent streams and wetlands and 200 feet on perennial streams).
Additionally, we encourage the implementation of buffers on ephemeral streams due to the
important functions they provide as headwater streams. Thus. to protect the federally endangered
Appalachian elktoe, we recommend that the buffer on the North Toe River be extended to
200 feet or the 100-year floodplain, whichever is greater; doing so will greatly reduce the
likelihood of adverse impacts to the North Toe River and the Appalachian elktoe.
In accordance with section 7 (a)(2) of the Endangered Species Act and 50 CFR Part 402.01,
before any federal authorization/permits or funding can be issued for this project. it is the
responsibility of the appropriate federal regulatory/permitting and/or funding agency(ies), or their
non-federal representative, to determine whether the project may affect any federally endangered
or threatened species (listed species) or designated critical habitat. If it is determined that this
project may affect the Appalachian elktoe or its designated critical habitat (which begins
downstream of the Town of Spruce Pine), you must initiate section 7 consultation with this
office.
ID. W. Aldridoe. B. S. Payne. and A. C. Miller. 1987. The effects on intermittent exposure to suspended solids .:::d
turbulence on three species of freshwater mussels. Environmental Pollution 1987:17-28: M. M. Ellis. 1936. Erosion
silt as a factor in aquatic environments. Ecology. 17:29-42: L. L. Marking and T. D. Bills. 1979. Acute effects of
silt and sand sedimentation on freshwater mussels. Pp. 204-211 in J. L. Rasmussen, ed. Proc. of the UMRCC
symposium on the Upper Mississippi River bivalve mollusks. UMRCC. Rock Island. IL. 270 pp.
"Buffers should be measured horizontally from the edge of the stream bank. which may result in wider buffers at
higher Lradients. and must be provided over the entire length of the stream. including headwater streams.
3

We are also concerned about the introduction and spread of invasive exotic species (lespedeza,
fescue. Bermuda ;rays, crown vetch) in association with reclamation and erosion control for the
subject mine. Without active management, including the revegetation of disturbed areas with
native species, project corridors will likely only be sources of (and corridors for) the movement
of invasive exotic plant species. Exotic species are a major contributor to species depletion and
extinction, second only to habitat loss. Exotics are a factor contributing to the endangered or
threatened status of more than 40 percent of the animals and plants on the Federal List of
Endangered and Threatened Wildlife and Plants.' It is estimated that at least 4.000 exotic plant
species and 2,300 exotic animal species are now established in the United States, costing more
than $130 billion a year to control.' Additionally, the U.S. Government has many programs and
laws in place to combat invasive species (see wit,m invash-especies.gov) and thus cannot spend
money to counter these efforts. Specifically, Section 2(a)(3) of Executive Order 13112 - Invasive
Species (February 3. 1999) directs federal agencies to "not authorize, fund, or carry out actions
that it believes are likely to cause or promote the introduction or spread of invasive species in the
United States or elsewhere." Despite their short-term erosion -control benefits. many exotic
species used in soil stabilization seed mixes are persistent once they are established, thereby
preventing the reestablishment of native vegetation. Many of these exotic plants' are also
aggressive invaders of nearby natural areas, where they are capable of displacing
alreadv-established native species. Therefore, if this project is permitted, we strongly
recommend that only native plant species be used in association with all aspects of this project.
Thank you for allowing us to provide these comments. Please provide us with a copy of any
decision documents for this project. If we can be of assistance or if you have any questions.
please do not hesitate to contact Mr. Allen Ratzlaff of our staff at 828/258-3939, Ext. 229. In
any future correspondence concerning this project, please reference our Log dumber 4-2-10-166.
cc:
Mr. David McHenry, Mountain Region Reviewer, North Carolina Wildlife Resources
Commission. 20830 Great Smoky Mtn. Expressway. Waynesville. NC 28786
GIs. Susan B. Fuhr. Manager, Holston -Cherokee -Douglas Watershed Team. 3726 E. Morris
Boulevard, MOC IA -MOT, Morristown. TN 37813-1270
'D. S. Wilcove, D. Rothstein, J. Dubow, A. Phillips. and E. Losos. 1998. Quantifying threats to imperiled species
in the United States. BioScience 48:607-615.
D. Pimentel. L. Lach. R. ZuniQa, and D. Morrison. 2000. Environmental and economic costs of nonindieenous
species in the United States. BioScience 50:53-65.
Lists of invasive exotic plants can be found at http://lt-tt-tt-.ttieppc.org/and littp://tit,vt-it-.im-asit-e.org/eastern/srs/on
the Internet.
4

Beverly Eaves Perdue, Governor
Linda A. Carlisle, Secretary
Jeffrey J. Crow, Deputy Secretary
June 7, 2010
MEMORANDUM
YYilg._$n
Iv _ a,
1
North Carolina Department of Cultural Resources
State Historic Preservation Office
Peter B. Sandbeck Administrator
Office of Archives and History
Division of Historical Resources
David Brook, Director
TO: Brenda Harris
Land Quality Section
Division of Land Resources, NCDENR ''�``
FROM: Peter Sandbeck �Q/ P.� SAAAl t �'
SUBJECT: Application for Mining Permit, Appalachian Stone, Inc., Steel Gray Mine, Mitchell County,
ER 10-0919
Thank you for giving us the opportunity to review and comment on the above project pursuant to Chapter 74,
Article 7 of the North Carolina General Statutes.
Because of the location and topographic situation of the proposed project area, it is unlikely that any
archaeological sites which may be eligible for inclusion in the National Register of Historic Places will be
affected by the proposed borrowing. We, therefore, recommend that no archaeological investigation be
conducted in connection with this project.
While we note that this project review is only for a state permit, the potential for federal permits may require
further consultation with us and compliance with Section 106 of the National Historic Preservation Act
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
please contact Renee Gledhill -Earley, environmental review coordinator, at 919-807-6579.
JUN 10 2010
Location: 109 Last Jones Strvvq Raleigh NC 27601 Mailing Address: 4617 Mad Service Center, Raleigh NC 27699A617 Telephone/Fax: [phone]-6599

06-10-'10 13:53 FROM-NCDENB - ABO 828-299-704^ T-060 P0001/0002 F-059
MINING PERMIT APPLICATION REVIEW FORM
for the .
DIVISION OF WATER -QUALITY
4
Project/Number. � 'aunty: MP
—Due Date for Comments Back to Land Quality
0 tY Section:
Will the ope ion, as proposed, violsto standards of water quality?
Comments:
�r 58,-m Q-- _- L3c11qun'i rrg PU -nXZ. (pF • WeTUiZS_,,,�
Watershed/Stream Name &Classification: r r������ ��� W W fk
�
YES IN
NPrJcS perimit required
NPOES permit existing (Permit
Nondischarge permit required
Nondischarge permit existing Permit #____)
Wetlands disturbed,. P •
401 Wetland Cert_ required
401 Wetland Cert. existing (Permit =�)
J9=04
Reviewed by: Date:
Print Name:
Cancrai Office Reviewer

06-10-'10 13:53 FROM-NCDENR - ARO
828-299-704" T-060 P0002/0002 F-059
MINING PERMIT APPLICATION REVIEW FORM
fork the
0IVISION OF AIR QUALITY
projeeJNumber: I County: M i
J,l/
777
"Oue. bate for Comments Back to Land Quality Section:
Will :he operation, as proposed, violatecr air qualiI? NO
Comments:
YES NO
;fir hermit required ✓
. _ . , it permit existing _ .__.CPerr-nit -4r
Other Comments:
Reviewed by: date:
C Print Name,
�,,,
09/ZQCS cantral :~es Advieswer.

..r
Wehner, Judy
u
From:
Riddle, Shawna
Sent:
Thursday, June 10, 2010 1:52 PM
To:
Wehner, Judy
Cc:
Riddle, Shawna
Subject:
Comments for Steel Gray Mine # 61-19
Judy -
I inspected the site yesterday.
omments -
. Determination of affected acreage and bond is blank.
AApplication page is not signed.
Affidavit off Notification is not signed or notarized.
4. and entry agreement Is not signed/dated.
Map and calculations are sufficient. Will fax water and air comments. Just noticed that Susan didn't sign her comment
page from water. Will fax it anyway- she's out today.
Thanks-Shawna
Shawna Riddle - Shawna. Riddle @ncdenr.gov_
North Carolina Dept. of Environment and Natural Resources
Asheville Regional Office
Division of Land Resources - Land Quality Section
2090 U.S. 70 Highway
Swannanoa, NC 28778 p X
Tel:[phone]
Fax: [phone] \
�rn
>r

9 North Carolina Wildlife Resources Commission
Gordon Myers, Executive Director
MEMORANDUM
TO: Brenda M. Harris, Mining Program Secretary
Land Quality Section
FROM: Ron Linville, Regional Coordinator
Habitat Conservation Program
DATE: May 27, 2010
SUBJECT: Mining Permit Application, Steel Gray Mine Quarry, North Toe River (DWQ
Classification WS-III, Trout), Mitchell County
This correspondence responds to your request for our review of the referenced mine permit
modification. Biologists with the North Carolina Wildlife Resources Commission (NCWRC) are
familiar with habitat values in the area. These comments are provided in accordance with certain
provisions of the Mining Act of 1971 (as amended, 1982; G.S. 74-46 through 74-68; 15 NCAC
5) and the North Carolina General Statutes (G.S. 113-131 et seq.). The NCWRC is authorized to
comment and make recommendations which relate to the impacts of this project on fish and
wildlife pursuant to Clean Water Act of 1977, North Carolina Environmental Policy Act, US
National Environmental Policy Act, Endangered Species Act (16 U. S. C. 1531-1543; 87 Stat
884), the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d)
and/or Federal License of Water Resource Project Act (Federal Power Act-16 U.S.C. 791a et
seq.) as applicable.
The mining application is for a new mining operation near Altapass, North Carolina and the
North Toe River. The mining operation is to extract granite using shovel and truck
methodologies. Waters in the area are Designated Public Mountain Trout Waters that are
Hatchery Supported. Brown, Book and Rainbow trout are stocked in these waters. Wild Brown
and Rainbow trout are known from the watershed. Based on our recent trout economic study, the
average Delayed Harvest fishery is estimated to be worth $2,200,000.00. The Appalachian
elktoe, Alasmidonta raveneliana (FE, NCE) and wavy -rayed lampmussel, Lampsilis fasciola
(NCSC) occur in the North Toe River from the Cane River confluence upstream to near Penland
and may be re -colonizing recovering habitat upstream toward Spruce Pine. Sharphead darter,
Etheostoma acuticeps (FSC, NCT); olive darter, Percina squamata (FSC, NCSC); blotched
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]

Steel Gray Mine 11� Page 2 \"V/ May 27, 2010
chub, Erimystax insignis (FSC, NCSR); are also present in the North Toe River to just upstream
from Spruce Pine. Olive darter, Percina squamata (FSC, NCSC) is also known from Cane
Creek, a tributary to the North Toe, in Mitchell County. The Hellbender, Cryptobranchus
alleganiensis (NCSC, FSC) is known from the basin.
Based on our in -office review, we will not object to issuance of a permit providing the following
recommendations are implemented:
1. During any new land clearing activities, woody debris (slash or large trees) removed
during development of the site should be placed along the outer stockpile/compost area
construction limits in the form of brush piles and downed logs to provide cover and
nesting habitat for wildlife.
2. Should any stream relocation activities become necessary, relocations should use state-of-
the-art bioengineering techniques. Clean Water Act 404 permits and 401 certifications
must be obtained from the US Army Corps of Engineers and the NC Division of Water
Quality prior to any channel relocation. Native riparian plants should be incorporated into
stream relocation. Any channel relocations and riparian plantings should be planned and
constructed by a company having previous natural stream channel (professional
bioengineering) restoration training, permitting and work expertise within the state of
North Carolina.
3. Minimum fifty (50) foot undisturbed natural buffers should be established for intermittent
channels and one hundred (100) foot undisturbed natural buffers should be established for
perennial streams. If any aquatic federally threatened or endangered species are found in
the area, these recommended buffer widths should be doubled.
4. Any stream crossings necessary should provide for aquatic life passage. Bridges are
preferred over culverts and pipes. Culverts 48" diameter or larger should be buried a foot
into the streambed. Culverts less than 48" diameter should be buried to a depth equal to or
greater than 20% their size to allow for aquatic life passage. These measurements must be
based on natural thalweg depths.
5. Stringent erosion and sediment control measures should be installed and maintained
throughout the life of the mine operation and site reclamation. To protect listed species
and trout, sediment and erosion control measures should meet design standards for
sensitive watersheds (15A NCAC 4B .0024).
6. Native plants should be used for revegetation and reclamation activities. Please see the
attached recommendations for planting disturbed sites and stormwater ponds. Ponds
should have forested buffers except for dams to reduce direct sunlight exposure to avoid or
reduce increases of discharge water temperatures. Project proponents should be advised
that shade is important to maintain cool water discharges. Any stormwater ponds (as well
as large sedimentation basins) should have a cold water release with an aerated discharge
and be designed to meet applicable water quality standards for the North Toe River.

Steel Gray Mine Page 3 llft� May 27, 2010
7. All local municipalities, including Bakersville, Spruce Pines and Mitchell County should
be notified of this mine permit request prior to any mine permit approvals.
8. We recommend that the mine operation consult with a professional North Carolina
Wildlife Resources Commission biologist(s) to discuss mine planting schedules and mine
reclamation activities. To arrange this consultation, project proponents should contact this
office. Additional planting suggestions and plant supply sources may be obtained from
Stewardship biologist, Elizabeth Hughes at 828-651-8380.
Thank you for the opportunity to review and comment on this project. If you have any questions
regarding these comments, please contact me at 336-769-9453.
Attachment: Seed Mixes for Revegetating Disturbed Sites
Native Fruiting Trees & Shrubs for Piedmont Stormwater Ponds
Fishery Management Fact Sheet 2003
Cc: Mr. Brad Gager, Mine Manager
Appalachian Stone, Inc.
8487 US Highway 221 North
Marion, North Carolina 28752

Steel Gray Mine Page 4 ll.d May 27, 2010
Seed Mixes for Revegetating Disturbed Sites
Basic tViia
Oats R (Mar -Jun), Wheat Jul -Nov), or e Grain (Dec -Feb)
1-2 bags / ac
$ bag
Red Clover Tri olium ratense
10 lbs /acre
$ 3 3 / / l lb
Creeping Red Fescue Festuca rubra
201bs /acre
$ 2-3 / lb
-The Basic Mix can be sown on disturbed sites in the mountains and upper piedmont year round but
spring or fall seeding will result in a better stand. It is important to use all of the components of the Basic
Mix. The cover crop grain & legume provide rapid green -up while the creeping red fescue is developing.
These components can be obtained locally.
- Grains like oats, wheat, and rye may be sold by weight (pounds) or by volume (bushels).
To simplify things, this mix recommends 1— 2 BAGS of grain rather than pounds or bushels. With this
mix, 1 bag or about 50 — 601bs per acre should be adequate for most sites, but where slope or soil
conditions warrant, increase grain amounts to 100 —120 lbs (use 2 bags).
-The perennial grass will establish within the first year and is the key to good site stabilization. Creeping
red fescue has a wide range of adaptation when used for erosion control along roads and highways; cuts,
fills, and other disturbed areas; and for stream and channel bank stabilization. It thrives in sun or shade,
and is drought -resistant after establishment.
For permanent seeding of harsh dry sites, Hard Fescue Festuca
10 lbs / acre
$ 3 / lb
brevi ila (syn. trachy h lla) can be added to the Basic Mix
Application Notes
- Disturbed sites with loose soils can usually be sown without extensive seedbed preparation if seeded as
soon as the other work is completed.
- Where necessary, prepare seedbed with conventional farm equipment (tractor and disk), or the soil
surface can be bladed and then tracked with a bulldozer. Hydro -seeding can be used with the Basic Mix
for slopes where equipment access is difficult.
- Red fescue is adapted to sandy and acid soils so extensive soil amendments are usually not needed. On
poor and subsoil sites, a low nitrogen fertilizer such as 5-10-10 may be required.
- If required, apply any necessary soil amendments, then drill or broadcast the seed mix.
- The larger cover crop grains can be sown separately first and covered lightly to prevent loss of seed
from wildlife such as turkeys and doves.
-The rest of the seed mix should then be sown, but not covered with soil. It is better to firm the small seed
into the soil than to try to cover it.
- Culti-pack conventional seedbeds to ensure good seed -to -soil contact. Tracked sites will fill in on their
own from rainfall.

Steel Gray Mine %0 Page 5 **a/ May 27, 2010
- Apply straw mulch at a minimum of 15 bales per acre to help enhance soil moisture as well as hold the
soil in place until the seed germinates. Use higher rates as site conditions warrant.
- If the site calls for it, natural fiber matting is recommended over plastic matting or matting that contains
strands of plastic that can entrap small animals.
- Monitor the site until the perennial grass component is fully established. Mature stands of the Basic Mix
are short-statured and will not require mowing. The seeded mix should persist for many years, but will
eventually yield to developing successional species.
- Native wildflowers and grasses can be added to the Basic Mix to beautify and diversify the site, and
provide food and cover for wildlife such as deer, turkey, quail, and songbirds. The following lists contain
native species that are reasonably priced as natives go. The easy, proven performers are listed at the top of
the tables, with the more challenging species towards the bottom. These seeds can be ordered from a
reputable seed dealer. For sources, refer to Wildlife Seed List at
htti)7//www.ncwildlife.org/Wildlife Species Con/WSC WPM.htm .
- Mixes with native seed can be culti-packed or tracked in with a bulldozer; hydro -seeding is apparently
not recommended. Mixes with mainly wildflowers can be sown in early fall.
Note - when adding native Panicum grass seed, sow the mix in late fall, winter, or early spring to subject
the seed to cool, moist soil conditions necessary to break seed dormancy. Sowing during the warmer
months may delay Panicum germination until the following year, and some seed may be lost in the
interim.
- For information on each native species listed here, visit hM7//nlants.usda.gov/; type in the scientific
name in the search box. Note - adding natives will increase the height of the resulting stands, providing
good wildlife habitat. Frequent mowing destroys food & cover and is not recommended. Mow once every
few years, in late winter, only if absolutely necessary to remove encroaching woody vegetation.
Wr ...........:... a .. d..., a:+aa _add to Raaio Mir at 1-2 His / acre
Black Eyed Susan Rudbeckia hirta
$ 16 / Ib
Showy Partridge Pea Chamaecrista (Cassia) fasiculata
$ 14 / lb
Lanced -leaved Coreo sis Coreo sis lanceolata
$ 14 / lb
Switchgrass Panicum vir alum `Blackwell'
$ 8/lb
Big Bluestein Andropogon gerardii
$ 10 / lb
Purple Coneflower Echinacea PurPurea
$ 20 / lb
Deertongue Dicanthelium Panicum) clandestinum `Tlo
$ 12 / lb
s . dam. ailaa.- add to Raaic Mil at 1 lb / acre
Sho Bidens Bidens aristosa
$ 16 / lb
Black Eyed Susan Rudbeckia hirta
$ 16 /lb
Showy Partridge Pea Chamaecrista (Cassia) asiculata
$ 14 / lb
Pennsylvania Smartweed Polygonuin en Ivanicum
Switchgrass Panicum vir atum `Cave -in -Rock' or `Kanlow'
$ 16 / lb
$ 9/lb
Smooth or Fall Panic ass Panicum dichotomi orum
$ 10 / 16
Beaked Panicgrass Panicum ance s
$ 16 / Ib

Steel Gray Mine V./ Page 6 N"W May 27, 2010
Native Fruiting Trees & Shrubs
Use for planting around the perimeter of Piedmont stormwater ponds.
These fast-growing natives will provide food and cover for songbirds. Trees and shrubs can be
grouped according to mature size or planted randomly at a minimum of 100 per acre
(approximately 20 feet x 20 feet). Select at least four species so that no more than 25% of the
plantings will be of a single species.
Large Deciduous Trees (height 40-50 feet. space 20-25 feet apart)
Sugarberry Celtis laevigata
Red Mulberry Morus rubra
Small Trees and Large Shrubs (height 15-30 feet, space 10-15 feet apart)
Wax Myrtle Myrica cerifera
Arrowwood Viburnum dentatum
Devils Walking Stick Aralia spinosa - may spread by rhizomes
Silky Dogwood Cornus amomum
Elderberry Sambucus canadensis
Application notes
- These species are adapted to moist well -drained soil, but will not survive in saturated sites;
plant around, not in, pond.
- Plant dormant (bareroot) seedlings December thru March.
- Balled and burlapped (B&B) plants can be set out any time except in summer.
- Potted plant material can be planted at any time as long as the plants are watered adequately
after they are set out.
- Use of hydro -gel particles such as Terra -Sorb can improve first year survival.
- Super triple phosphate can improve survival by stimulating root growth. Do not use any other
fertilizer in the hole.
- Refer to attached sheet `Planting Trees and Shrubs' - follow recommendations to ensure best
survival of woody plant material.
- It is expected that 80% of the woody plants planted on the site will be present and in good
growing condition after five years.
The NC Cooperative Extension Service can provide a fist of local nurseries and growers. For
mail order sources, refer to `Native Fruit and Mast Producing Trees and Shrubs' at
htIR7//www.ncwildlife.org/Wildlife Species Con/WSC-WPM.htm.

Steel Gray Mine `0, Page 7 v May 27, 2010
i
Fisheries Management Fact Sheet 2003
What: Environmental Impacts Caused by Ponds. Ponds provide aesthetic benefits, water for crop
irrigation and livestock, as well as fishing opportunities and wildlife habitat. However, ponds can be
detrimental to fish, wildlife, and water quality if constructed improperly. Ponds that are created by
damming streams, and ponds of any type that continuously release water back into a stream can be
especially harmful.
Where: Poorly designed ponds can impact aquatic life and water quality statewide, but the impacts are
greatest around ponds located in and near coldwater streams in the mountains and foothills.
When: Historically, ponds were built on farms to supply water for livestock and crop irrigation. In recent
years, the rate of pond construction has increased as more and more people move to the mountains and
build ponds to improve the appearance of their property or to provide fishing opportunities.
Why: There are two major problems that ponds can cause. First, a pond created by damming a stream
impedes the migration of many aquatic organisms along the stream, including fish, mussels, and
amphibians. The second problem is related to the release of warm water from ponds. Because
impounded water warms more quickly than moving water, water is considerably warmer in ponds than in
free flowing streams. Furthermore, the warmest water within a pond will be at the surface, while the
coolest water will be found near the pond bottom. Within most ponds, the water that flows out of the
pond and back into adjacent streams is drawn off the surface. When this warm surface water is released,
water temperatures within the stream increase, harming trout, smallmouth bass, and other species adapted
to cooler water temperatures. While there can be thermal impacts below ponds that only release water
periodically during heavy rain events, the impacts will be most severe below ponds that constantly
release water.
How to build ponds without dammine the stream channel: To ensure that the migration of aquatic
organisms within streams are not blocked when building a pond, consider locating new ponds away from
streams and using surface runoff, springs, or water pumped from wells as water sources. Ponds can also
be filled by building them adjacent to a stream and diverting or pumping a small portion of the stream
water into the pond to fill it. Water should only be diverted into the pond continuously while the pond is
being filled. Once the pond is filled, water should only be diverted into the pond as needed to maintain
water levels.
How to reduce the thermal impacts of pond outflows: Thermal impacts caused by ponds that
continuously release surface water into streams can be reduced in ponds that are equipped with a standpipe
to regulate water levels. The installation of a bottom drawoff device (see diagram on next page) over the
existing standpipe helps reduce the temperature of water released by the pond by siphoning off the cooler
water found near the pond bottom. Furthermore, a bottom drawoff also helps prevent fish kills in ponds
by removing the stagnant, low oxygen water from the pond bottom. The drawoff pipe needs to be large

Steel Gray Mine *Ad Page 8 %NW May 27, 2010
enough in diameter so that the cross -sectional area of the space between the two pipes is greater than the
cross -sectional area of the drainpipe. The pipe needs to be long enough to reach into the cooler/deeper
waters of the pond, and should leave at least a couple feet of clearance above the bottom to avoid future
interference from sediment accumulation. The drawoff pipe should be constructed of a relatively light but
rigid material (aluminum is best). Heavy pipes are difficult to mount and put extra strain on the standpipe
that could eventually cause its failure. If the drawoff pipe material isn't sufficiently rigid it may collapse
under the suction pressure. Typically drawoff pipes are mounted by inserting two crossbars through the
pipe 6-12 inches from the top end, then putting the drawoff pipe over the standpipe so that these crossbars
rest on the top of the standpipe. Three bolts or pins can be inserted into the pipe several feet down from
the top to serve as spacers that will keep the drawoff pipe vertical and centered on the standpipe.
12'
ti
}
18
Bottom water withdrawal devices do have their limitations. Ponds that are very shallow and/or small may
not benefit since the water temperatures near the bottom and at the surface will be more similar. Also, if
the outflow from a pond is going directly into a stream, then the water should be aerated by routing it to
splash onto rocks or other hard, jagged surfaces as it re-enters the stream.
More information concerning pond construction and management is found in the "Pond Management
Guide" published by the N.C. Wildlife Resources Commission and the N.C. Agricultural Extension
Service. This guide can be obtained online at www.ncwildlife.ort or by calling 919 733-3633.
N.C. Wildlife Resources Commission Division of Inland Fisheries
www.ncwildlife.org [phone]

r.r
M NN
=, United States Department of the Interior
3 a
FISH AND WILDLIFE SERVICE
Asheville Field Office
160 Zillicoa Street
Asheville, North Carolina 28801
June 2, 2010
JUN 07 2w
Ms. Brenda M. Harris
Mining Program Secretary
Land Quality Section
North Carolina Department of Environment and Natural Resources
1612 Mail Service Center
Raleigh, North Carolina 27699-1612
Dear Ms. Harris:
Subject: Mining Permit Application for Appalachian Stone, Inc., Steel Gray Mine, Mitchell
County, North Carolina
On May 20, 2010, we received a copy of the subject mining permit application with your letter
dated May 17, 2010. Your letter asked that comments be returned to your office by June 11,
2010. Please note that it is our policy to have responses to requests for comments mailed
within 30 days of receipt of the request. The quantity of projects we review generally does
not allow for a quicker response. Asking for our response in a shorter period would force
us to give priority to some projects over others; we respond to projects in the order
received and will continue to do so. If you would like our response by a particular date,
please ask for our comments at least a month in advance. The following comments are
provided in accordance with the provisions of the National Environmental Policy Act; Fish and
Wildlife Coordination Act, as amended (16 U.S.C. 661-667e); Migratory Bird Treaty Act
(16 U.S.C. 703); and section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C.
1531-1543) (Act).
The subject application is for a permit to mine granite in a 14.37-acre area. The mine will
include 0.46 acre for a processing area and haul roads, 0.33 acre for sediment ponds, 0.89 acre
for waste piles, and 3.48 acres for excavation. The project area is bordered to the south by the
North Toe River and to the east by an unnamed tributary to the North Toe River.

Our major concerns with this project are the likely impacts to the North Toe River from activities
conducted in the floodplain. Our concerns are heightened because of the presence of the
federally endangered Appalachian elktoe (Alasmidonta raveneliana) downstream of the project
area. According to the North Carolina Floodplain Mapping Program
(http://www.ncfloodmaps.com), a considerably greater proportion of the project area lies within
the 100-year floodplain than is mapped on the project plans. We remind you that Executive
Order 11988 requires federal agencies (and their designated nonfederal representatives) to
consider and protect floodplain functions. We believe the recent examples of flooding
throughout North Carolina highlight the importance of avoiding the "long- and short-term
impacts associated with the occupancy and modification of floodplains" and that we should
"avoid direct and indirect support of floodplain development." Therefore, we do not believe that
any aspect of this mining operation should in any way result in the alteration (fill or excavation)
of the 100-year floodplain. Additionally, because the North Toe River is a tributary to the French
Broad River, a Nationwide Section 26a Permit from the Tennessee Valley Authority (TVA) may
be needed for this project with the proposed impacts to the floodplain (both excavation and fill).
Section 26a of the TVA Act contains regulations regarding both the location of construction
projects and the types of activities carried out within the Tennessee River or any of its tributaries.
A tributary is defined as any watercourse whose contents, if not obstructed, diverted, or
consumed, will ultimately flow into the Tennessee River; thus, TVA's jurisdiction extends to the
limits of the Tennessee River's watershed. Section 26a is designed to ensure that construction
along the shoreline and in waters of the Tennessee River system does not have a negative effect
on TVA's management of the river system or its ability to carry out what the TVA Act describes
as the "unified development and regulation of the Tennessee River."
The potential detrimental effects of floodplain mining are serious and numerous. For example,
stockpiles of overburden and gravel left or abandoned in the channel or floodplain can alter
channel hydraulics during high flows; dry -pit and wet -pit mining in floodplains may reduce
groundwater elevations, reduce stream flows, increase water temperature, and create the potential
for fish entrapment; and, the destruction of the riparian zone during extraction operations can
have multiple deleterious effects on aquatic species habitat.
Floodplains and terraces (former floodplains) are the sites of sediment storage in stream systems
and can contain large quantities of sand and gravel. Floodplain mining can disrupt the
preexisting balance between sediment supply and transporting capacity and can result in channel
incision and bed degradation. A floodplain mine also can become the nucleus of major
instability in the adjacent stream channel when lateral channel movement or overbank flows
redirect the active channel through the excavation pit. When floodplain pits "capture" the active
channel, off -channel mines become in -stream mines that then produce the negative symptoms
associated with in -stream excavation. Channel capture often happens abruptly and usually
occurs where the excavation pit offers flood flows a path of less resistance, often where the path
is a shorter distance for flow to move down valley. Captured pits that are large relative to the
stream channel create lake -like environments that can locally change environmental conditions
and therefore the biological community.
2

It is critical that no sediment from the project enter the North Toe River. Sediment that is
removed from sediment traps should be disposed of at an upland site and should never be
"flushed" into adjacent waterways. Siltation has been documented to adversely affect native
freshwater mussels, both directly and indirectly.' Siltation degrades water and substrate quality,
limiting the available habitat for freshwater mussels (and their fish hosts), thereby limiting their
distribution and potential for the expansion and maintenance of their populations; irritates and
clogs the gills of filter -feeding mussels, resulting in reduced feeding and respiration; smothers
mussels if sufficient accumulation occurs; and increases the potential exposure of the mussels to
other pollutants. Less than 2.5 centimeters (1 inch) of sediment deposition causes high mortality
in most mussel species. Sediment accumulations that are less than lethal to adults may adversely
affect or prevent the recruitment of juvenile mussels into the population. In addition, sediment
loading in rivers and streams during periods of high discharge is abrasive to mussel shells.
Erosion of the outer shell allows acids to reach and corrode underlying layers that are composed
primarily of calcium, which dissolves under acid conditions.
The map included with the application indicates there will be a 50-foot buffer between the
mining area and the North Toe River. As you are aware, on the majority of land -disturbance
activities within the watersheds of streams that support federally endangered or threatened
species, we strongly recommend undisturbed forested buffers (forested with native trees, shrubs,
and herbaceous plants) for all intermittent streams, perennial streams, and wetlands (minimum
buffers of 100 feet on intermittent streams and wetlands and 200 feet on perennial streams).
Additionally, we encourage the implementation of buffers on ephemeral streams due to the
important functions they provide as headwater streams. Thus, to protect the federally endangered
Appalachian elktoe, we recommend that the buffer on the North Toe River be extended to
200 feet or the 100-year floodplain, whichever is greater; doing so will greatly reduce the
likelihood of adverse impacts to the North Toe River and the Appalachian elktoe.
In accordance with section 7 (a)(2) of the Endangered Species Act and 50 CFR Part 402.01,
before any federal authorization/permits or funding can be issued for this project, it is the
responsibility of the appropriate federal regulatory/permitting and/or funding agency(ies), or their
non-federal representative, to determine whether the project may affect any federally endangered
or threatened species (listed species) or designated critical habitat. If it is determined that this
project may affect the Appalachian elktoe or its designated critical habitat (which begins
downstream of the Town of Spruce Pine), you must initiate section 7 consultation with this
office.
'D. W. Aldridge, B. S. Payne, and A. C. Miller. 1987. The effects on intermittent exposure to suspended solids and
turbulence on three species of freshwater mussels. Environmental Pollution 1987:17-28; M. M. Ellis. 1936. Erosion
silt as a factor in aquatic environments. Ecology. 17:29-42; L. L. Marking and T. D. Bills. 1979. Acute effects of
silt and sand sedimentation on freshwater mussels. Pp. 204-211 in J. L. Rasmussen, ed. Proc. of the UMRCC
symposium on the Upper Mississippi River bivalve mollusks. UMRCC. Rock Island, EL. 270 pp.
2Buffers should be measured horizontally from the edge of the stream bank, which may result in wider buffers at
higher gradients, and must be provided over the entire length of the stream, including headwater streams.
3

We are also concerned about the introduction and spread of invasive exotic species (lespedeza,
fescue, Bermuda grass, crown vetch) in association with reclamation and erosion control for the
subject mine. Without active management, including the revegetation of disturbed areas with
native species, project corridors will likely only be sources of (and corridors for) the movement
of invasive exotic plant species. Exotic species are a major contributor to species depletion and
extinction, second only to habitat loss. Exotics are a factor contributing to the endangered or
threatened status of more than 40 percent of the animals and plants on the Federal List of
Endangered and Threatened Wildlife and Plants.3 It is estimated that at least 4,000 exotic plant
species and 2,300 exotic animal species are now established in the United States, costing more
than $130 billion a year to control.4 Additionally, the U.S. Government has many programs and
laws in place to combat invasive species (see www.invasivespecies.gov) and thus cannot spend
money to counter these efforts. Specifically, Section 2(a)(3) of Executive Order 13112 - Invasive
Species (February 3, 1999) directs federal agencies to "not authorize, fund, or carry out actions
that it believes are likely to cause or promote the introduction or spread of invasive species in the
United States or elsewhere." Despite their short-term erosion -control benefits, many exotic
species used in soil stabilization seed mixes are persistent once they are established, thereby
preventing the reestablishment of native vegetation. Many of these exotic plants are also
aggressive invaders of nearby natural areas, where they are capable of displacing
already -established native species. Therefore, if this project is permitted, we strongly
recommend that only native plant species be used in association with all aspects of this project.
Thank you for allowing us to provide these comments. Please provide us with a copy of any
decision documents for this project. If we can be of assistance or if you have any questions,
please do not hesitate to contact Mr. Allen Ratzlaff of our staff at 828/258-3939, Ext. 229. In
any future correspondence concerning this project, please reference our Log Number 4-2-10-166.
cc:
Mr. David McHenry, Mountain Region Reviewer, North Carolina Wildlife Resources
Commission, 20830 Great Smoky Mtn. Expressway, Waynesville, NC 28786
Ms. Susan B. Fuhr, Manager, Holston -Cherokee -Douglas Watershed Team, 3726 E. Morris
Boulevard, MOC 1A-MOT, Morristown, TN 37813-1270
3D. S. Wilcove, D. Rothstein, J. Dubow, A. Phillips, and E. Losos. 1998. Quantifying threats to imperiled species
in the United States. BioScience 48:607-615.
4D. Pimentel, L. Lach, R. Zuniga, and D. Morrison. 2000. Environmental and economic costs of nonindigenous
species in the United States. BioScience 50:53-65.
5Lists of invasive exotic plants can be found at http://www.tneppc.org/and http://Www.invasive.orgleastemisrs/on
the Internet.
4

��A ..
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, P.G., P.E. Beverly Eaves Perdue, Governor
Director and State Geologist Dee Freeman, Secretary
May 17, 2010
MEMORANDUM BPC GEP
TO: Mr. Brian P. Cole �_ RSB CTAR
Application Review Coordinator TVIAC T 'T
U.S. Fish and Wildlife Service MAY 202g10
FROM: Brenda M. Harris ` Jr� F_... _ ___ NC
Mining Program Seary cre ALG NR _
Land Quality Section D.`:'iL— LR
SUBJECT: Mining Permit Application for Appalachian Stone Inc.
Steel Gray Mine
Mitchell County
Please find attached for your review a copy of the mining permit application request for the above referenced
project.
Please review this information and advise as to the probability of this operation having unduly June 11, 2010
so that we may complete our review of this request within our statutory time limits.
As is the case in our review of all mining permit applications, renewals and modifications, this office will
carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain
erosion and off -site sedimentation. However, any comments your agency can provide regarding effects on wildlife and
freshwater fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended
that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of
your comments to the person noted in the application. PLEASE RETURN ALL APPLICATION MATERIALS AND
Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner [phone] if you
have any questions.
/bmh
cc: Ms. Janet Boyer
JUN 07 2010
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 0919-733-4574 / FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina, 27604

Beverly Eaves Perdue
Govemor
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Thomas A. Reeder
Director
June 02,2010
TO: Judy Wehner
Land Quality Section
FROM: Paul Williams
Ground Water Management Section
Division of Water Resources
SUBJECT: Comments on the Mining Permit Application Request for:
Appalachian Stone, Inc.
Steel Gray Mine
Mitchell County
RECEIVED
JUN 02 2010
LAND QUALITY
MINING PROGRAM
Dee Freeman
Secretary
Please find attached a copy of the mining permit application request for the above referenced project.
The Steel Gray Mine located in Mitchell County does not appear to have an unduly adverse effect on ground
water supplies since there is no dewatering proposed on site. If it becomes necessary to begin pumping water
from the mine to stabilize mining activities, the Division of Water Resources would like to be contacted so that
it may further investigate any potential effects on potable ground water supplies.
Facilities not in the fifteen county Central Coastal Plain Capacity Use Area are required to register their water
withdrawals in accordance with the North Carolina General Statute G.S. 143-215.22H. This statue requires any
non-agricultural water user who withdraws 100,000 gallons or more in any one day of ground water or surface
water to register and update withdrawals. This statue also requires transfers of 100,000 gallons or more in any
one day of surface water from one river basin to another river basin to register and update their water transfers.
Water withdrawal registrants must complete the annual water use reporting form by April 1 for the previous
year.
If you have further questions please contact the Division of Water Resources at [phone] or send
correspondence to 1611 Mail Service Center, Raleigh NC 27699-1611.
1611 Mail Service Center, Raleigh, North Carolina 27699-1611
Phone: [phone]FAX: [phone] Internet: www.ncwater.org
An Eoual Onwtlunitv 1 ARnalive Anion Emolover— 50% Rwvcled 110% Posl Consumer Panel
One
NorthCarolina
Na&ralfil

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, P.G., P.E.
Director and State Geologist
May 17, 2010
MEMORANDUM
TO: Mr. Nat Wilson
Habitat Hydrogeology Group
Division of Water Resources
FROM: Brenda M. Harris
6p: �/
Mining Program Secre ary
Land Quality Section
SUBJECT: Mining Permit Application for Appalachian Stone Inc.
Steel Gray Mine
Mitchell County
Beverly Eaves Perdue, Governor
Dee Freeman, Secretary
Mine Dewatering Proposed ® No Mine Dewatering Proposed
Please find attached for your review a copy of the mining permit application request for the above referenced
project.
Please review this information and advise as to the probability of this operation having unduly adverse effect on
June 11, 2010 so that we may complete our review of this request within our statutory time limits.
Any comments your agency can provide regarding potential effects on potable groundwater supplies and
groundwater quality will be appreciated. We would like to have any recommendations you may provide for permit
conditions, for reasonable protection of groundwater quantity or quality.
If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this
request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the
application.
PLEASE RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS
OFFICE.
Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner [phone] if you have
any questions.
/bmh
Attachments
cc: Ms. Janet Boyer
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-4574 / FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina, 27604

.,.
..
Name of project:
County:
Log In #: � F-
DPR/RRS ljdining Permit Application Review
a /
RRS Contact: 6 N /1
A , /I /) A
Proposed activity is
If yes, identify the park:
Manager/agency name:
(contact name):
(phone; fax):
► IIN fi��,^ ACC
ie2Y "' I `i k(,r—
is not _ within 5 miles of a public park or recreation area.
(e-mail):
Review conducted by:. ft Date: i
PLEASE RETURN APPLICATION MATERIALS WITH YOUR REVIEW/COMMENTS.
YOU CAN ALSO E-MAIL YOUR COMMENTS TO:
Adrien neXuchniana,ncm ail.net
THANKS!
x�c�n p
Return form and materials to:
Adrienne Kuchnia �V� 0 2 Min
DENR/Division of Parks & Recreation
1615 MSC - - -� � F1tyq.._�pt!0�
Raleigh, NC 27699-1615
(Please Print on COLOR Paper)

dad
Mining Permit Review Log in # 764 Mitchell County
Mining Permit for New 14.3 acre mine — Appalachian Stone Inc.
Proposed activity is within 5 miles of public park
Manager/Agency Name: Town of Spruce Pine
Contact Name: Richard Canipe, Town Mgr.
Phone; fax: [phone]
Email: [e-mail]
Manager/Agency Name: Blue Ridge Parkway
Contact Name: Gary Johnson
Phone; fax: [phone]
Email: [e-mail]
Manager/Agency Name: Avery County Parks & Recreation
Contact Name: Robbie Willis, Director
Phone; fax: [phone]
Email: [e-mail]
Review conducted by: LuAnn Bryan

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, P.G., P.E.
Director and State Geologist
May 17, 2010
MEMORANDUM
TO: Mr. Lewis Ledford, Director
Division of Parks and Recreation
FROM: Brenda M. Harris Xs;z&
Mining Program Secretary
Land Quality Section
SUBJECT: Mining Permit Application for Appalachian Stone Inc.
Steel Gray Mine
Mitchell County
project.
Beverly Eaves Perdue, Governor
Dee Freeman, Secretary
Please find attached for your review a copy of the mining permit application request for the above referenced
Please review this information and advise as to the probability of this operation having unduly June 11, 2010
so that we may complete our review of this request within our statutory time limits.
As is the case in our review of all mining permit applications, renewals and modifications, this office will
carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain
erosion and off -site sedimentation. However, any comments your agency can provide regarding effects on publicly
owned parks, forests or recreation areas would be greatly appreciated. If your staff wishes to perform a site
inspection, it is recommended that they contact the person submitting this request to set up a convenient date and
time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL
APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE.
Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner [phone] if you
have any questions.
/bmh
Attachments
cc: Ms. Janet Boyer
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-4574 / FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina, 27604

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Soil & Water Conservation
Beverly Eaves Perdue Patricia K. Harris
Governor Director
Memorandum
To: Brenda M. Harris, Mining Program Secretary
Division of Land Resources
From: Natalie Woolard, CREP Managernv
Date: 5/21/10
Subject: Appalachian Stone Inc.
Mitchell County
Dee Freeman
Secretary
NC Division of Soil and Water Conservation has reviewed the Appalachian Stone Inc.
application for a new mining permit. The Conservation Reserve Enhancement Program (CREP)
database does not reflect said property being enrolled in a conservation easement. Therefore
CREP has no programmatic concerns with moving forward with this permit modification
request.
Please contact me should you have any questions or concerns at 252-948-3902.
1614 Mail Service Center, Raleigh, North Carolina 27699-1614
Phone: [phone] FAX: [phone] Internet: www.enr.state.nc.us/DSWC
An Equal Opportunity 1 AKnnahe Action Employer
MAY 2 5 2010
Nne
orthCarolina
Nahmallry

North Carolina
James D. Simons, P.G., P.E.
Director and State Geologist
!11 WONRGG\911
NCDENR
Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
May 17, 2010
Beverly Eaves Perdue, Governor
Dee Freeman, Secretary
TO: Ms. Natalie Woolard
Application Review Coordinator
Division of Soil and Water Conservation MAY R 5 2010
FROM: Brenda M. Harris
Mining Program Secretary _
Land Quality Section
SUBJECT: Mining Permit Application for Appalachian Stone Inc.
Steel Gray Mine
Mitchell County
Please find attached for your review a copy of the mining permit application request for the above referenced
project.
Please review this information and advise as to the probability of this operation having unduly June 11,
2010 so that we may complete our review of this request within our statutory time limits.
As is the case in our review of all mining permit applications, renewals and modifications, this office will
carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to
restrain erosion and off -site sedimentation. However, any comments your agency can provide regarding effects
on wildlife and freshwater fisheries would be greatly appreciated. If your staff wishes to perform a site
inspection, it is recommended that they contact the person submitting this request to set up a convenient date
and time. Also, please send a copy of your comments to the person noted in the application. PLEASE
Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wenner [phone] if
you have any questions.
/bmh
cc: Ms. Janet Boyer
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 e 919-733-4574 / FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina, 27604