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Attachment 9
Threatened and Endangered Species Assessment
RECEIVED
MAR 3 1 1011
LAND QUALITY
MINING PROGRAM
u
MEMO i /aRC/aDIS C:—oitany
for natural and
builtaseets
Arcadia G&M of North Carolina, Inc.
To:
Copies:
1 Centerview Drive
Chris Bucy — Buechel Stone
Chris Peters - Arcadis
suite 208
Corporation
Greensboro
North Carolina 28277
Tel 336 292 2271
From:
Ron Johnson, PWS
ARCADIS G&M of North Carolina, Inc.
NC Engineering License # C-1869
Date:
Arcedis Project No.:
NC Surveying License # C-1669
March 18,2022
30105159
Subject:
Rare, Threated, and Endangered Species Habitat Review
Buechel Stone Corporation — Steel Gray Mine, Spruce Pine, North Carolina
This Rare, Threatened, and Endangered Species (RTE) Memo summarizes the results of a habitat
assessment for RTE species conducted on February 25, 2022, by Arcadis G&M of North Carolina, Inc.
(Arcadis) on behalf of Buechel Stone Corporation (Buechel) for the Steel Gray Mine Permit Modification
Application Project (Project) in Spruce Pine, Mitchell County, North Carolina (Attachment 1, Figure 1). The
survey was focused on an approximate 12-acre area north of Altapass Highway (Attachment 1, Figure 1).
The purpose of this delineation was to assess the presence or absence of potential RTE habitat that may
be impacted by the proposed Project. The habitat assessment was completed in response to the December
21, 2021 request from the North Carolina Department of Environmental Quality (NCDEQ).
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Prior to conducting the Habitat Assessment, Arcadis reviewed the following resources to identify the
potential locations and extent of caves and portals within the Project area:
United States Geological Survey (USGS) topographic map, Spruce Pine, NC (USGS, 1994).
Aerial Photography (Google Earth, 2022).
The USGS topographic data, which identify intermittent and perennial streams, do not show mapped
streams north of the North Toe River within the environmental survey area.
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A review of 2022 aerial photography (Google Earth, 2022) of the Project area (Attachment 1, Figure 1)
shows that the surrounding land use is predominantly rural residential and agricultural with the survey area
being an active stone mine.
METHODOLOGY AND SURVEY RESULTS
Vegetative Communities
The environmental survey area comprises early to mid -successional forest and a floodplain field within an
existing stone mine. While most of the mined areas are cleared, the early to mid -successional forest canopy
community was dominated by sycamore (Platanus occidentalis), white oak (Quercus alba), sweetgum
(Liquidambar styraciflua), eastern hemlock (Tsuga canadensis), and red maple (Acer rubrum). Forest
understory was dominated by fescue (Festuca sp.), broomsedge (Andropogon virginicus), blackberry
(Rubus argutus), and goldenrod (Solidago canadensis). Representative photographs of the mine and
vegetative communities are included in Attachment 3. Locations of the photographs are shown on
Attachment 1, Figure 1.
RTE Species
Comment letters received from the U.S. Fish and Wildlife Service (USFWS) and NCDEQ indicated that two
of the RTE species with the potential to occur in the County would require a habitat assessment to determine
if there is a potential for these species to occur within the Project area. The NCDEQ stated that the
assessment should be conducted for the gray bat (Myotis grisescens -Endangered and Appalachian elktoe
%law (Alasmidonta raveneliana)- Endangered) (Attachment 2).
OEM
The gray bat roosts and hibernates in caves and portals that have specific temperature requirements
depending on the time of year. Caves are often deep and include large underground rooms. Based on the
site topography and soil types, one would not expect to find suitable winter or summer roosting habitat for
the gray bat in the Project area. No openings, passages, or other entrances to underground voids were
observed during the habitat assessment, confirming the lack of suitable habitat. Because of the lack of
habitat and that the site is an active stone mine that utilized blasting, the Project will have no effect on the
gray bat.
The Appalachian elktoe is mussel species that prefers 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 in bedrock; and occasionally in relatively
silt -free, coarse sand. No streams or rivers are located in the proposed Project area, therefore activities
conducted at this site would have no effect on the Appalachian elktoe.
CONCLUSION
This memo summarizes the results of a RTE habitat assessment review conducted by Arcadis within the
environmental survey area at the Steel Gray Mine in Spruce Pine, North Carolina, on February 25, 2022.
Arcadis did not identify suitable habitat for the gray bat or the Appalachian elktoe withing the proposed
Project area, therefore the Project will have no effect on these species.
If you have questions, please feel free to contact me at 704-488-8054, or ron.johnson@arcadis.com.
Sincerely,
arcadis corn
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MEMO
,4111imille Arcadis G&M of North Carolina, Inc.
Ron Johnson, PWS
Principal Environmental Scientist
Attachments: 1 — Figure 1- Buechel Stone Corporation Mine Map with Photo Locations
2 — NCDEQ Letter
3 — Representative Photographs
REFERENCES
Aerial Photography. 2022. Google Earth
United States Geological Survey (USGS). 1994. Spruce Pine. 1:24,000 7.5 Minute Series. Available online
at http://store.usgs.gov/b2c—usgs/usgs/maplocator/. Accessed February 2022.
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Attachment 1
Figure 1- Buechel Stone Corporation Mine Map with Photo
Locations
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Attachment 2
NCDEQ Letter
ROY COOPER
Governor
ELIZABETH S. BISER
Secretory
BRIAN WRENN
Director
Certified Mail
Return Receipt Requested
7016 2140 0000 4367 7505
Chris Bucy
Buechel Stone Corporation
7274 Highway 221 North
Marion, NC 28752
RE: Steel Gray Mine
Mining Permit No. 61-19
Mitchell County
French Broad River Basin
Dear Mr. Bucy:
NORTH CAROLINA
Environmental Quality
December 21, 2021
We have reviewed the modification and transfer 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 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:
This permit is currently issued to Blue Ridge Quarries Inc. Please clarify if the intent of this
modification is to also transfer the permit to Buechel Stone Corporation. Part of the transfer process
requires that:
a. The proposed new permittee must request in writing that the existing permit be transferred and
clearly state the new operator's name (company or individual). The proposed new permittee
must also indicate that he accepts any and all responsibilities and liabilities with respect to the
Mining Act of 1971.
b. A letter from the existing permittee must be submitted requesting that the mining permit be
transferred to the proposed new permittee. The existing mine name and permit number must
be identified in the letter.
2. Please provide the required application fee of $750.00 for this modification. See the enclosed request
dated November 18, 2021.
3. Please provide proof, such as copy of the signed return receipts from certified mail, that all adjoining
landowners and chief administrative officer of each county and municipality have been properly
notified.
4. Please clarify the intent to dewater the mine. Question C.3C of the mining permit application was left
blank.
North Carolina Department of Environmental Quality I Division of Energy. Mineral and Land Resources
512 North Sallsbury Street 1 1612 Mail Service Center I Raleigh. North Carolina 27699-1612
919.707.9200
Certified Mail
Mr. Bucy
Page 2
5. Please provide proof of application for an NPDES permit as indicated in the mining permit application
question C.313.
6. Mining has been indicated in the floodplain. Please provide proof of notice and approval from the
jurisdictional floodplain manager.
7. Please clarify the activity that appears to have caused disturbed area outside the mining permit north of
the western mining area and on either side of the haul road.
8. Please clarify the activity that appears to have caused disturbed area outside the mining permit east of
the easter mining area. Drilling associated with this mining operation would be considered affected
area.
9. Please clarify the difference between proposed final grade and proposed limits of mining shown in the
cross sections on sheet 7 and sheet 8.
10. N.C.G.S. §74-49 defines "affected land" as the surface are of land that is mined, the surface area of
land associated with a mining activity so that soil is exposed to accelerated erosion, the surface area of
land on which overburden and waste is deposited, and the surface area of land used for processing or
treatment plant, stockpiles, nonpublic roads, and settling ponds. Please clearly indicate and label on
the mine map that the haul road to the nearest public road is included in the Mine permit boundary.
11. Please clarify the statement on question C.6C of the mine permit application. There is a blank for the
maximum bench height.
12. Please clarify the Year 3 and Year 10 sequence of mining. Statements were provided that haul road
will need to be rerouted. Please clearly indicate and label on the mine map the location of any proposed
roads.
13. Please clearly identify and label on the mine map the location of any explosive storage as stated in the
blasting plan.
14. Please clearly identify and label on the mine map the location and acreage of any waste pile area and
stockpile areas.
15. Please clarify the acreages provided in the acreage table on page 4 of the mine permit application.
Acreage for tailing/sediment ponds and waste piles are negative. Acreage for the sediment ponds have
not been clearly identified in the total affected acreage totals.
16. Please clarify how sediment basins located in the 1 % annual chance flood plain are protected against
washout in the event of a storm event which could cause sediment loss into surface waters.
17. Please provide Operation and maintenance details for the sediment ponds and any other erosion and
sediment control (E&SC) Measures.
18. NC Wildlife Resources Commission (NCWRC) and US Fish and Wildlife Service (USFWS) have
raised concerns with the invasive exotic species included in the seeding mixture, specifically Korean
lespedeza, fescue, common Bermuda, and crown vetch. Please review the recommendations for year-
round seeding provided on page 13 of the mine permit application to mitigate the use of invasive exotic
species.
19. USFWS has identified the potential for threatened and endangered species in the project area. Please
provide a biological assessment and/or biological evaluation (BABE) for the Gray bat (Myotis
Certified Mail
Mr. Bucy
Page 3
`/ grisescens) and Appalachian elktoe (Alasmidonta raveneliana). Comments from USFWS have been
included for your reference.
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.
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
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) 707-9220 if you have any questions.
Sincerely,
Adam Parr, PE
Assistant State Mining Engineer
Enclosures:
Fee Request letter
Comments from USFWS
cc: Ms. Shawna Riddle
Attachment 3
Representative Photographs
Photo 1. View of Access Road Bridge over river.
ARGADIS
Photo 2. View along North Toe River.
ARCADIS
Photo 3. View of borrow pit facing access area. Photo 4. View along access road south of existing mined area
ng mined area.
ARCADIS
Photo 6. View of North Toe Rive floodplain.
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Photo 7. View of slope at edge of mined area.
Photo 8. View of rock wall at the edge of mined area.
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Photo 9. View of rock wall at borrow pit. Photo 10. Additional view of borrow pit near access bridge