20220405_ADI_Received

Freeman Environmental Consulting, LLC
411 Lower Hanging Rock Road
Spruce Pine, NC 28777
Cell 828-765-3571
e-mail: [e-mail]
March 31, 2022
Adam Parr
Assistant State Mining Engineer
Division of Energy, Mineral and Land Resources
North Carolina Department of Environmental Quality
Mailing Address: 1612 Mail Service Center
Raleigh, North Carolina 27699-1612
Subject: Mountain Mist Mine, Waycaster Stone Co. Inc.
Marion NC, McDowell County
Catawba River Basin
Dear Mr. Parr,
Please find attached the response to your request for information dated February 7, 2022. This response
replies to your questions and comments in the numerical order of your letter as follows:
1. Please see attached reclamation map for post mining (reclamation) cross sectional profiles per
your request.
2. Please see attached reclamation map for the roads to be left post mining (entrance road only).
3. Please see waste areas shown on the attached reclamation map.
4. Please see attached, reworded page 12 from application which should eliminate any reference to
buildings. No buildings are planned for needed at the site. This should clear up this issue.
5. Please find attached a habitat assessment for the site performed by Civil and Environmental
Consultants, Inc. per your request.
This should answer your questions and concerns listed in you correspondence and should you have
questions or comments about this information I can be reached at 828-765-3571.
Regards,
Consulting, LLC
CC: K Waycaster, Mountaineer Land Surveying and FEC Files

APPLICATION FOR A MINING PERMIT
4. Indicate the method(s) of reclamation of overburden, refuse, spoil banks or other such on -site mine
waste areas, including specifications for benching and sloping. Final cross -sections and locations for
such areas must be provided on the reclamation map.
All overburden and waste materials will be dumped in levels not to exceed 45' in height. A 8'
(minimum) bench will be used to carry runoff from slopes above. Finished slopes will be a minimum
of 2:1 and flatter as natural slope permits.
5. a. Describe reclamation of processing facilities, stockpile areas, and on -site roadways.
The entrance road and existing roads needed to access adjoining property, forestlands and farmlands
will be left for access. The areas will be graded, sloped and vegetated to blend with surrounding
topography.
b. Will any on -site roadways be left as part of the reclamation? Yes X No ❑.
If yes, identify such roadways on the reclamation map and provide details on permanent road and ditch
line stabilization.
The existing road will be left as an access to the lands past the mining site.
6. Describe the method of control of contaminants and disposal of scrap metal, junk machinery, cables, or
other such waste products of mining. (Note definition of refuse in The Mining Act of 1971.)
No off -site generated waste shall be disposed of on the mine site without prior written approval
from the NC Department of Environment and Natural Resources, Land Quality Section and either
the Division of Waste Management (DWM) or local governing body. If a disposal permit has been
issued by DWM for the site, a copy of said permit must be attached to this application. All
temporary and permanent refuse disposal areas must be clearly delineated on the mine map(s) and
reclamation map, along with a list of items to be disposed in said areas.
Solid Waste generated by the mining activity will be shipped offsite for proper disposal. Scrap metal
and other usable materials will be recycled on as regular and as needed basis.
-12-

Civil & Environmental Consultants, Inc.
March 10, 2022
ELECTRONIC SUBMITTAL
freemanenviromen(c0ellsouth.net
Mr. Thomas Freeman
Freeman Environmental Consulting, LLC
411 Lower Hanging Rock Rd
Spruce Pine, NC, 28777-5342
Dear Mr. Freeman:
Subject: Desktop Review and Protected Species Habitat Assessment/Pedestrian
Survey at the Mountain Mist Mine, Waycaster Stone Company
Marion, North Carolina
CEC Project 321-741
Civil & Environmental Consultants, Inc. (CEC) is pleased to provide Freeman Environmental
Consulting, LLC (Client) the results of the Protected Species Desktop Review and On -site Habitat
Assessment/ Pedestrian Survey, conducted in an approximate 2.8 Acre (Survey or Survey Area),
located on Waycaster Stone Company parcels 079400711905 & 079400719500 totaling
approximately 38.3 acres, near the town of Marion, McDowell County, NC (Figure 1).
It is CEC's understanding the Client is currently working with Waycaster Stone Company and the
NC Division of Energy, Mineral and Land Resources (DEMLR); Department of Environmental
Quality (DEQ) to obtain a mine permit for the existing operations. CEC understands, that the Client
has requested a Protected Species Habitat Assessment/ Pedestrian Survey, specifically for
federally listed Threatened and Endangered Species.
This report summarizes the methods and results of the protected species desktop review, on -site
habitat assessmem/pedestrian survey. Supporting information is included in the following
supplemental materials:
Figure 1: Vicinity Map;
Figure 2: USGS Topo Map;
Figure 3: Aerial Map;
Figure 4: Current Soils;
Figure 5: NWI Map;
Figure 6: Protected Species Habitat Assessment Map;
Attachment A: USFWS IPaC Report; and
Attachment B: Representative Photographs.
3701 Arco Corporate Drive, Suite 400 1 Charlotte. NC 28273 1 p: 980-237-0373 f: 980-237-0372 1 www.cecinc.com

Mr. Thomas Freeman - Freeman Environmental Consulting, LLC
CEC Project 321-741
Page 2
March 10, 2022
1.0 DESKTOP REVIEW
CEC reviewed supporting information from publicly -available databases to identify potential
ecological effects the Project may have on federally -managed resources and document relevant
site -specific details, such as topography (Figure 2), level of disturbance and plant community
structure (Figure 3), soil composition (Figure 4) and potential water resource locations (Figure 5).
CEC utilized the U.S. Fish and Wildlife Service (USFWS) Information for Planning and
Consultation (IPaC) project planning tool to identify designated Critical Habitats or state- and/or
federally -protected threatened or endangered species known to have current or historic populations
on -site or within the general Project vicinity. The results of the IPaC database review (Attachment
A) are summarized in Table 1 of this report.
The IPaC databases indicated the Project may directly or indirectly affect the following species:
Northern long-eared bat (Myotis septentrionalis), Gray bat (Myotis grisescens), Bog Turtle
(Glyptemys muhlenbergii), small whorled pogonia (Isotria medeoloides) and White Irisette
(Sisyrinchium dichotomum). The IPaC report indicated no presence of critical habitats within the
Project Area.
i'aule 1: mountain Mist Mine,—Yederall_y Listed Threatened or Endangered Species Database Review Results
Common Name
Scientific Name
_
Protection
Status per
Authority'
Preferred Habitat
Potential Suitable USFWS Optimal
Habitat Present? Survey Window
Northern long-eared bat
FT
Moderate to heavy forests, underneath bark, in
N May 1— Sept 15
Myotis septentrionalis
cavities or crevices of both live and dead trees,
and in structures, like bams and sheds. Hibernate
in caves and mines.
Gray bat
FE
With rare exceptions, gray bats live in caves year-
N May 1— Aug 15
Myotis grisescens
round. During the winter, gray bats hibernate in
deep, vertical caves. In the summer, they roost in
caves which are scattered along rivers. These
caves are in limestone karst areas of the
southeastern United States. They do not use
houses or barns.
Bog Turtle
FT
Small wetlands or contiguous wetland
N --
Glyptemys muhlenbergii
complexes of early successional wetland habitats
associated with the emergence of spring water and
loose, mucky soils or tunnels. In North Carolina,
suitable conditions are found in wet meadows,
bogs, cattle pastures and beaver complexes.
Small whorled pogonia
FT
Mid -successional mixed woods with trees 40 to
N mid May - early July
Isotria medeoloides
75 years old and 8-18" in diameter. Maple and
oak, beech, and white pine are common tree
species. The shrub and herb layers where small
whorled pogonia grows are usually sparse. Most
small whorled pogonia populations grow on
gently sloping ground, often with thick leaf litter.
White Irisette
FE
This rare herb is typically found in open dry to
N late May — July
Sisyrinchium
mesic oak -hickory forests on mid -elevation
dichotomum
mountain slopes and on open, disturbed sites,
such as woodland edges and roadsides.
F = Federal Listed; S = State Listed; T = Threatened; E = Endangered; C = Candidate; SP = Special Concern
Civil & Environmental Consultants, Inc.

Mr. Thomas Freeman - Freeman Environmental Consulting, LLC
CEC Project 321-741
Page 3
March 10, 2022
2.0 ON -SITE PROTECTED SPECIES HABITAT ASSESSMENT/PEDESTRL4,N
SURVEY
Information obtained during the desktop review was integrated into the habitat
assessment/pedestrian survey to refine field investigation efforts. On February 22, 2022, CEC
ecologist Kevin Thomas, Professional Wetland Scientist (PWS) and North Carolina Licensed Soil
Scientist (NC LSS) performed the on -site visit (Figure 6 and Attachment B).
The on -site habitat assessment entailed documenting local plant communities and habitats within
the Survey Area to evaluate potential presence of listed protected species based on the
presence/absence of suitable habitat conditions or observed occurrences of listed species. Suitable
habitats are those that may or, presently, do support the life requisites of listed threatened and
endangered species, as described in Table 1. The results of the habitat assessment/pedestrian
survey are detailed, hereafter and sumamrized in Table 2.
The Survey Area consists mainly of disturbed existing mined lands with, early successional mixed
conifer forest, and limited early successional hardwood forest. The Survey Area is surrounded by
undeveloped woodlands with the exception of few residential homes and associated
infrastructures.
Dominant canopy species on -site included Virginia pine (Pinus virginiana) and sweetgum
(Liquidambar styracii lua) with fringe areas comprised of mature Chestnut and Scarlet oaks
(Quercus montana) & (Quercus rubra), and immature red maple (Ater rubrum) and eastern
redcedar (Juniperus virginiana). Domnate shrub species is rhododendron (Rhododendron
maximum), and dominant woodland floor species was limited to Christmas fern (Polystichum
acrostichoides).
l nOle L:
long-eared bat Y N May Affect, Not Likely to Adversely Affect
N N No Effect
Turtle
N
N
No Effect
.1 whorled pogonia
N
N
No Effect
e Irisette
N
N
No Effect
CEC observed oak trees, less than 0.1 acre total, that maybe considered potential NLEB summer
roosting habitat, which includes live or dead trees that are generally >_ 3 inches diameter at breast
height (DBH) with cracked or exfoliating bark, broken limbs, cavities, or crevices. Section 4(d) of
the Endangered Species Act (ESA) authorizes the USFWS to administer regulations necessary to
conserve species listed as threatened. This applies particularly to "take," which can include any act
that kills or injures threatened species, and may include habitat modification. The ESA prohibits
any take of species listed as endangered, but take that does not interfere with survival and recovery
of threatened species may be allowed.
Civil & Environmental Consultants, Inc.

Mr. Thomas Freeman - Freeman Environmental Consulting, LLC
CEC Project 321-741
Page 4
March 10, 2022
3.0 RECOMMENDATIONS
This report represents our best professional judgment concerning the presence or absence of listed
protected species and habitats within the Survey Area. Based on the findings of the on -site habitat
assessment/pedestrian survey, CEC does not believe the Project will jeopardize the existence of
species listed in Table 1. Although no individuals of listed species were observed, the Client should
implement appropriate measures to avoid incidental take and minimize potential adverse effects
on listed species.
Thank you for the opportunity to provide these services on this project. Please do not hesitate to
contact Kevin Thomas at (410) 2594745 or [e-mail] should you have any questions
or comments regarding this report.
Sincerely,
CIVIL & ENVIRONMENTAL CONSULTANTS, INC.
Jena Turner
Assistant Project Manager
Attachments
Civil & Environmental Consultants, Inc.
Kevin Thomas, PWS, NC LSS
Principal
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LEGEND
Q Permitted Mine
Boundary (-38.3 Acres)
Approx. Survey Area
-' (-2.8 Acres)
REFERENCES AND NOTES
ESRI Street Imagery /ArcGIS Map Service:
http://goto.arcgisonline.com/maps/world imagery
Accessed: 3/1012022, Updated 51//2021
•
SCALE IN FEET
0 1,000 2,000 4,000 APPROXIMATE SITE LOCATION
,�,=,� FREEMAN E MOUONNMENTAL TAIN MIST MOINEULTING, LLC
Civil & Environmental Consultants, Inc. MCDOWELL COUNTY, NORTH CAROLINA
3701 Arco Corporate Drive Suite 400 - Charlotte, NC 28273
[phone] - [phone] VICINITY MAP
w .cecinc.com
DRAWN BY: JST CHECKED BY: KAT APPROVED BY: KAT` I FIGURE NO. DATE: 3/10/2022 SCALE: 1 "=2,000' PROJECT NO: 321-741 1 of (� `�

REFERENCES AND NOTES
1. USA Topographic Maps:
- - -
http://goto.amgisonline.com/maps/
_
2. USGS 7.5 Minute To pogrephic Map
Little Switzerland, North Carolina Quadrangle
NORTH
- / WQOdlavm
Published: 1979.
Marion West. North Carolina Quadrangle
Work Center
Published: 1986
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LEGEND
Permitted Mine
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Boundary (-'38.3 Acres)
N
Approx. Survey Area SCALE IN FEET
p •:
' (-2.8 Acres) 0 1,000 2,000
4,000
APPROXIMATE SITE LOCATION
5
0
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FREEMAN ENVIRONMENTAL CONSULTING, LLC
[1A A 7
MOUNTAIN MIST MINE
Civil & Environmental Consultants, Inc.
MCDOWELL COUNTY, NORTH CAROLINA
3701 Arco Corporate Drive - Suite 400 • Charlotte, NC 28273
'
[phone] • [phone]
USGS TOPOGRAPHIC MAP
3
w .cecinc.com
DRAWN BY: JST
CHECKED BY: KAT
APPROVED BY:
KAT"
FIGURE NO: c
1"
DATE: 3/10/2022
SCALE: 1 "=2,000'
PROJECT No:
321-741
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'Hand Signature on file

REFERENCES AND NOTES
1. ESRI Street Imagery /ArcGIS Map Service:
http://goto.arogisonline.com/mapstwodd_Imagery
5 Accessed: 3/10/2022
-. 2. Parcels derived from NC One map webslte:
NORTH 'v+ vnconemap.gov _
1 1
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1
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- - — — — - — — — — — — —1—
LEGEND
Permitted Mine
Boundary (-38.3 Acres)
Approx. Survey Area
�' (-2.8 Acres)
McDowell County
Parcels
Civil & Environmental Consultants, Inc.
3701 Arco Corporate Drive • Suite 400 - Charlotte, INC 28273
[phone] • [phone]
w .cecinacoml
DRAWN BY: JST I CHECKED BY: i<A
DATE: 3/10/2022 I SCALE: 1 " = 300
SCALE IN FEET
0 150 300 600
FREEMAN ENVIRONMENTAL CONSULTANTS,
MOUNTAIN MIST MINE
MCDOWELL COUNTY, NORTH CAROLINA
AERIAL MAP
APPROVED BY: icAT" FIGURE NO:
PROJECT NO: 321-741 Of 6

REFERENCES AND NOTES
1. ESRI Street Imagery /ArcGIS Map Service:
http:/lgoto.amgisonline.wn V mapstwodd_imagery
Accessed: 3/10/2022
2. USDA, NRCS Soil Survey Geographic (SSURGO)
NORTH
Database, Updated 2019
_
/ 1
a ,
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1 1
1
v 1
1
— — — — — — — — — — — — — — - — — — — - - — — — — —1
It.
SCALE IN FEET
LEGEND 0 150 300 600
Permitted Mine
0 Map UnitDeserition H cStatus Acres
Boundary (-38.3 Acres) Symbol p �'
- _ Approx. Survey Area I leD Ha esville-Evard complex, 15-25% slopes Not Listed 0.6170
- -' (-2.8 Acres) IoA lotla sandy loam, 0-2% slopes, occasionally flooded Predominantly Nonh dric 0.08
--1 Soil Map Unit 1bE Junatuska-Brasstown complex, 25-60% slopes Not Listed 36.37
LnC Lonon-Northcove complex. 6-15% slopes Not Listed 126
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Civil & Environmental Consultants, Inc.
P 3701 Arco Corporate Drive • Suite 400 • Charlotte, NC 28273
[phone] - [phone]
www.cecinc.com
DRAWN BY: T CHECKED BY: KAT
DATE, 3I10/2022 1 SCALE: 1 " = 300 '
FREEMAN ENVIRONMENTAL CONSULTANTS,
MOUNTAIN MIST MINE
MCDOWELL COUNTY, NORTH CAROLINA
NRCS CURRENT SOILS MAP
APPROVED BY: KAT' I FIGURE NO:
PROJECT NO: 321-741 Ot 6

6
NORTH
LEGEND
0 Permitted Mine
Boundary (-38.3 Acres)
— Approx. Survey Area
(-2.8 Acres)
0 NWI Resources
— 10' Contours
2' COntourS
Aw
AV
r IV r
7
Civil & Environmental Consultants, Inc.
3701 Arco Corporate Drive • Suite 400 • Charlotte, NC 28273
[phone] - [phone]
www.eacinc.com
DRAWN BY: JST I CHECKED BY: KA
DATE: 3/10/2022 1 SCALE: 1 " = 300
REFERENCES AND NOTES
1. ESRI Street Imagery IArcG1S Map Service:
http:/)goto.arcgiwnline.com/mapshvodc imagery
Accessed: 3110/2022
2. Contours derived from NC One map website:
www.nconemap.gov
3. National Wetland Inventory (NWI)derived
North Carolina
SCALE IN FEET
0 150 300 600
FREEMAN ENVIRONMENTAL CONSULTANTS,
MOUNTAIN MIST MINE
MCDOWELL COUNTY, NORTH CAROLINA
NATIONAL WETLAND INVENTORY
(NWI) MAP
APPROVED BY: KAT' I FIGURE NO:
PROJECT NO: 321-741 °t

7 REFERENCES AND NOTES
1 �' F 1. ESRI Street Imagery /ArcGIS Map Service:
http://goto.arcglsonline.c0 ps/worid_imagery
. ..� Accessed: 3/10/2022
2. CEC's site visit took place on February 22. 2022.
NORTH
t r.
f
1
1
1
1
1
t
1
f
LEGEND
_ Approx. Survey Area
(-2.8 Acres)
0 Permitted Mine
Boundary (-38.3 Acres)
i Photo Point
A AV
A IA
Civil & Environmental Consultants, Inc.
3701 Arco Corporate Drive - Suite 400 - Charlotte, INC 28273
[phone] - [phone]
www.cecincxom
SCALE IN FEET
0 60 120 240
FREEMAN ENVIRONMENTAL CONSULTING, LLC
MOUNTAIN MIST MINE
MCDOWELL COUNTY, NORTH CAROLINA
ASSESSMENT MAP
DRAWN BY: JST CHECKED BY: KAT APPROVED BY: KAT' FIGURE NO: 6 of 6 I
DATE: 3/10/2022 SCALE: 1 " = 120 ' PROJECT NO: 321-741 V

ATTACHMENT A
USFWS IPAC REPORT

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, NC 28801-1082
Phone: [phone] Fax: [phone]
htip://www.fws.gov/nc-es/es/counryfr.htm]
In Reply Refer To:
Project Code: 2022-0011295
Project Name: 321-741 Mountain Mist Mine
am"
February 22, 2022
Subject: List of threatened and endangered species that may occur in your proposed project
location or may be affected by your proposed project
To Whom It May Concern:
The enclosed species list identifies threatened, endangered, proposed and candidate species, as
well as proposed and final designated critical habitat, that may occur within the boundary of your
proposed project and/or may be affected by your proposed project. The species list fulfills the
requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the
Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.).
New information based on updated surveys, changes in the abundance and distribution of
species, changed habitat conditions, or other factors could change this list. Please feel free to
contact us if you need more current information or assistance regarding the potential impacts to
federally proposed, listed, and candidate species and federally designated and proposed critical
habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the
Act, the accuracy of this species list should be verified after 90 days. This verification can be
completed formally or informally as desired. The Service recommends that verification be
completed by visiting the ECOS-IPaC website at regular intervals during project planning and
implementation for updates to species lists and information. An updated list may be requested
through the ECOS-IPaC system by completing the same process used to receive the enclosed list.
The purpose of the Act is to provide a means whereby threatened and endangered species and the
ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the
Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to
utilize their authorities to carry out programs for the conservation of threatened and endangered
species and to determine whether projects may affect threatened and endangered species and/or
designated critical habitat.
A Biological Assessment is required for construction projects (or other undertakings having
similar physical impacts) that are major Federal actions significantly affecting the quality of the
human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2)

02/22/2022
(c)). For projects other than major construction activities, the Service suggests that a biological
evaluation similar to a Biological Assessment be prepared to determine whether the project may
affect listed or proposed species and/or designated or proposed critical habitat. Recommended
contents of a Biological Assessment are described at 50 CFR 402.12.
If a Federal agency determines, based on the Biological Assessment or biological evaluation, that
listed species and/or designated critical habitat may be affected by the proposed project, the
agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service
recommends that candidate species, proposed species and proposed critical habitat be addressed
within the consultation. More information on the regulations and procedures for section 7
consultation, including the role of permit or license applicants, can be found in the "Endangered
Species Consultation Handbook" at:
http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF
Migratory Birds: In addition to responsibilities to protect threatened and endangered species
under the Endangered Species Act (ESA), there are additional responsibilities under the
Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to
protect native birds from project -related impacts. Any activity, intentional or unintentional,
resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by
the U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more
information regarding these Acts see https://www.fws.gov/birds/policies-and-regulations.php.
The MBTA has no provision for allowing take of migratory birds that may be unintentionally
killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to
comply with these Acts by identifying potential impacts to migratory birds and eagles within
applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan
(when there is no federal nexus). Proponents should implement conservation measures to avoid
or minimize the production of project -related stressors or minimize the exposure of birds and
their resources to the project -related stressors. For more information on avian stressors and
recommended conservation measures see https://www.fws.gov/birds/bird-enthusiasts/threats-to-
birds.php.
In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies
to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities
that might affect migratory birds, to minimize those effects and encourage conservation measures
that will improve bird populations. Executive Order 13186 provides for the protection of both
migratory birds and migratory bird habitat. For information regarding the implementation of
Executive Order 13186, please visit https://www.fws.gov/birds/Policies-and-regulations/
executive-orders/e0-13186.php.
We appreciate your concern for threatened and endangered species. The Service encourages
Federal agencies to include conservation of threatened and endangered species into their project
planning to further the purposes of the Act. Please include the Consultation Code in the header of
this letter with any request for consultation or correspondence about your project that you submit
to our office.

02/22/2022
Attachment(s):
■ Official Species List
■ Migratory Birds
■ Wetlands

02/22/2022
Official Species List
This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the
requirement for Federal agencies to "request of the Secretary of the Interior information whether
any species which is listed or proposed to be listed may be present in the area of a proposed
action".
This species list is provided by:
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, NC 28801-1082
[phone]

02/22/2022
2
Project Summary
Project Code: 2022-0011295
Event Code: None
Project Name: 321-741 Mountain Mist Mine
Project Type: Mixed -Use Construction
Project Description: 321-741 Mountain Mist Mine
Project Location:
Approximate location of the project can be viewed in Google Maps: https://
www.goople.com/maps/(@35.75073295.-82.04198519778308.14z
J
2X �. �--lee0
Mc" Gropel Loup
Counties: McDowell County, North Carolina

02/22/2022
Endangered Species Act Species
There is a total of 6 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheriesl, as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
Mammals
NAME
Gray Bat Myotis grisescens
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.pov/ecp/species/6329
Northern Long-eared Bat Myotis septentrionalis
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.eov/ecp/species/9045
Reptiles
NAME
Bog Turtle Glyptemys muhlenbergii
Population: U.S.A. (GA, NC, SC, TN, VA)
No critical habitat has been designated for this species.
Species profile: https://ecos.fws. og v/ecp/species/6962
Insects
NAME
Monarch Butterfly Danaus plexippus
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/9743
STATUS
Endangered
Threatened
STATUS
Similarity of
Appearance
(Threatened)
STATUS
Candidate

02/22/2022
Flowering Plants
NAME STATUS
Small Whorled Pogonia Isotria medeoloides Threatened
Population:
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/1890
White Irisette Sisyrinchium dichotomum Endangered
No critical habitat has been designated for this species.
Species profile: https:/Iecas.fws. ov/ecp/species/8097
Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECTAREA UNDER THIS OFFICE'S
JURISDICTION.

02/22/2022
Migratory Birds
Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle
Protection Act2.
Any person or organization who plans or conducts activities that may result in impacts to
migratory birds, eagles, and their habitats should follow appropriate regulations and consider
implementing appropriate conservation measures, as described below.
1. The Migratory Birds Treaty Act of 1918.
2. The Bald and Golden Eagle Protection Act of 1940.
3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)
The birds listed below are birds of particular concern either because they occur on the USFWS
Birds of Conservation Concern (BCC) list or warrant special attention in your project location.
To learn more about the levels of concern for birds on your list and how this list is generated, see
the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that
every bird on this list will be found in your project area. To see exact locations of where birders
and the general public have sighted birds in and around your project area, visit the E-bird data
mapping tool (Tip: enter your location, desired date range and a species on your list). For
projects that occur off the Atlantic Coast, additional maps and models detailing the relative
occurrence and abundance of bird species on your list are available. Links to additional
information about Atlantic Coast birds, and other important information about your migratory
bird list, including how to properly interpret and use your migratory bud report, can be found
below.
For guidance on when to schedule activities or implement avoidance and minimization measures
to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE
SUMMARY at the top of your list to see when these birds are most likely to be present and
breeding in your project area.
BREEDING
NAME SEASON
Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to
This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Aug 31
because of the Eagle Act or for potential susceptibilities in offshore areas from certain types
of development or activities.
https•//ecos.fws. og v/ecp/�ecies/1626
Canada Warbler Cardellina canadensis Breeds May 20
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA t0 Aug 10
and Alaska.

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BREEDING
NAME SEASON
Eastern Whip -poor -will Antrostomus vociferus Breeds May 1
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 20
and Alaska.
Prothonotary Warbler Protonotaria citrea Breeds Apr 1 to
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Jul 31
and Alaska.
Wood Thrush Hylocichla mustelina Breeds May 10
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 31
and Alaska.
Probability Of Presence Summary
The graphs below provide our best understanding of when birds of concern are most likely to be
present in your project area. This information can be used to tailor and schedule your project
activities to avoid or minimize impacts to birds. Please make sure you read and understand the
FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting
to interpret this report.
Probability of Presence (m)
Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your
project overlaps during a particular week of the year. (A year is represented as 12 4-week
months.) A taller bar indicates a higher probability of species presence. The survey effort (see
below) can be used to establish a level of confidence in the presence score. One can have higher
confidence in the presence score if the corresponding survey effort is also high.
How is the probability of presence score calculated? The calculation is done in three steps:
1. The probability of presence for each week is calculated as the number of survey events in
the week where the species was detected divided by the total number of survey events for
that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee
was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is
0.25.
2. To properly present the pattern of presence across the year, the relative probability of
presence is calculated. This is the probability of presence divided by the maximum
probability of presence across all weeks. For example, imagine the probability of presence
in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12
(0.25) is the maximum of any week of the year. The relative probability of presence on
week 12 is 0.25/0.25 =1; at week 20 it is 0.05/0.25 = 0.2.
3. The relative probability of presence calculated in the previous step undergoes a statistical
conversion so that all possible values fall between 0 and 10, inclusive. This is the
probability of presence score.
Breeding Season( )

ozizzi2022
Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across
its entire range. If there are no yellow bars shown for a bird, it does not breed in your project
area.
Survey Effort (1)
Vertical black lines superimposed on probability of presence bars indicate the number of surveys
performed for that species in the 10km grid cell(s) your project area overlaps. The number of
surveys is expressed as a range, for example, 33 to 64 surveys.
No Data (—)
A week is marked as having no data if there were no survey events for that week.
Survey Timeframe
Surveys from only the last 10 years are used in order to ensure delivery of currently relevant
information. The exception to this is areas off the Atlantic coast, where bird returns are based on
all years of available data, since data in these areas is currently much more sparse.
■ probability of presence breeding season I survey effort — no data
SPECIES JAN FEB MAR APR MAY IUN JUL AUG SEP OCT NOV DEC:
Bald Eagle "f
Non -BCC _ —___ _.—_.__.. --- - I— — Al
Vulnerable riViii i���t+ �r�� ��� ig®�� ■■�1 ���YT; �IrCt .•.
Canada Warbler
BCC Rangewide — --
(corr) '-' Al 111 E."
—_..;e II—' — — — — — — — — --- ----
Eastern Whip -poor- �;. 1
Will --- --- --=—= IIN _- — ----- — — — — — — — — ----
BCC Rangewide Ni
(CON)
Prothonotary __------- 1111 IIII IIN NII ---� ---- ---- ---
Warbler
BCC Rangewide
(COI)
Wood Thrash
angew ____ ____ ____ _— —III IIII Nil 1111---- — — — — — — — — — — — —
BCC Rangewide
(CON)
Additional information can be found using the following links:
• Birds of Conservation Concern htto://www.fws.gov/birds/management/manapeed-species/
birds-of-conservation-concem.oho
• Measures for avoiding and minimizing impacts to birds http://www.fws.gov/birds/
management/project-assessment-tools-and-guidance/
conservation-measures.oho

02/22/2022
• Nationwide conservation measures for birds http://www.fws.Pov/migratoiybirds/pdf/
management/nationwidestandardconservationmeasures.pdf
Migratory Birds FAQ
Tell me more about conservation measures I can implement to avoid or minimize impacts
to migratory birds.
Nationwide Conservation Measures describes measures that can help avoid and minimize
impacts to all birds at any location year round. Implementation of these measures is particularly
important when birds are most likely to occur in the project area. When birds may be breeding in
the area, identifying the locations of any active nests and avoiding their destruction is a very
helpful impact minimization measure. To see when birds are most likely to occur and be breeding
in your project area, view the Probability of Presence Summary. Additional measures or permits
may be advisable depending on the type of activity you are conducting and the type of
infrastructure or bird species present on your project site.
What does IPaC use to generate the migratory birds potentially occurring in my specified
location?
The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern
(BCQ and other species that may warrant special attention in your project location.
The migratory bird list generated for your project is derived from data provided by the Avian
Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding,
and citizen science datasets and is queried and filtered to return a list of those birds reported as
occurring in the lOkm grid cell(s) which your project intersects, and that have been identified as
warranting special attention because they are a BCC species in that area, an eagle (Eagle Act
requirements may apply), or a species that has a particular vulnerability to offshore activities or
development.
Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your
project area. It is not representative of all birds that may occur in your project area. To get a list
of all birds potentially present in your project area, please visit the AKN Phenology Tool.
What does IPaC use to generate the probability of presence graphs for the migratory birds
potentially occurring in my specified location?
The probability of presence graphs associated with your migratory bird list are based on data
provided by the Avian Knowledge Network (AKN). This data is derived from a growing
collection of survey, banding, and citizen science datasets .
Probability of presence data is continuously being updated as new and better information
becomes available. To learn more about how the probability of presence graphs are produced and
how to interpret them, go the Probability of Presence Summary and then click on the "Tell me
about these graphs" link.
How do I know if a bird is breeding, wintering, migrating or present year-round in my
project area?
To see what part of a particular bird's range your project area falls within (i.e. breeding,
wintering, migrating or year-round), you may refer to the following resources: The Cornell Lab

02/22/2022
of Ornithology All About Birds Bird Guide. or (if you are unsuccessful in locating the bird of
interest there), the Cornell Lab of Ornithology Neotropical Birds guide. If a bird on your
migratory bird species list has a breeding season associated with it, if that bird does occur in your
project area, there may be nests present at some point within the timeframe specified. If 'Breeds
elsewhere" is indicated, then the bird likely does not breed in your project area.
What are the levels of concern for migratory birds?
Migratory birds delivered through IPaC fall into the following distinct categories of concern:
1. 'BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern
throughout their range anywhere within the USA (including Hawaii, the Pacific Islands,
Puerto Rico, and the Virgin Islands);
2. 'BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation
Regions (BCRs) in the continental USA; and
3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on
your list either because of the Eagle Act requirements (for eagles) or (for non -eagles)
potential susceptibilities in offshore areas from certain types of development or activities
(e.g. offshore energy development or longline fishing).
Although it is important to try to avoid and minimize impacts to all birds, efforts should be made,
in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC
species of rangewide concern. For more information on conservation measures you can
implement to help avoid and minimize migratory bird impacts and requirements for eagles,
please see the FAQs for these topics.
Details about birds that are potentially affected by offshore projects
For additional details about the relative occurrence and abundance of both individual bird species
and groups of bird species within your project area off the Atlantic Coast, please visit the
Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides
birds that may be helpful to you in your project review. Alternately, you may download the bird
model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical
Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic
Outer Continental Shelf project webpage.
Bird tracking data can also provide additional details about occurrence and habitat use
throughout the year, including migration. Models relying on survey data may not include this
information. For additional information on marine bird tracking data, see the Diving Bird Study
and the nanotag studies or contact Caleb Spiegel or Pam Loring.
What if I have eagles on my list?
If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid
violating the Eagle Act should such impacts occur.
Proper Interpretation and Use of Your Migratory Bird Report
The migratory bird list generated is not a list of all birds in your project area, only a subset of
birds of priority concern. To learn more about how your list is generated, and see options for
identifying what other birds may be in your project area, please see the FAQ "What does IPaC
use to generate the migratory birds potentially occurring in my specified location". Please be

02/22/2022
aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that
overlap your project; not your exact project footprint. On the graphs provided, please also look
carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no
data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey
effort is high, then the probability of presence score can be viewed as more dependable. In
contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of
certainty about presence of the species. This list is not perfect; it is simply a starting point for
identifying what birds of concern have the potential to be in your project area, when they might
be there, and if they might be breeding (which means nests might be present). The list helps you
know what to look for to confirm presence, and helps guide you in knowing when to implement
conservation measures to avoid or minimize potential impacts from your project activities,
should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell
me about conservation measures I can implement to avoid or minimize impacts to migratory
birds" at the bottom of your migratory bird trust resources page.

02/22/2022
Wetlands
Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section
404 of the Clean Water Act, or other State/Federal statutes.
For more information please contact the Regulatory Program of the local U.S. Army Corps of
Engineers District.
Please note that the NWI data being shown may be out of date. We are currently working to
update our NWI data set. We recommend you verify these results with a site visit to determine
the actual extent of wetlands on site.
THERE ARE NO WETLANDS WITHIN YOUR PROJECT AREA.

02/22/2022
IPaC User Contact Information
Name: Janelle Turner
Address:
3701 Arco Corporate Drive, Suite 400
City:
Charlotte
State:
NC
Zip:
28273
Email
[e-mail]
Phone:
9802370373

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REPRESENTATIVE PHOTOGRAPHS

ON & Environmental Consultants, Inc.
Charlotte, NC
Phone [phone] • Toll Free: 855/859-9932 www.cecinc.com
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HABITAT ASSESSMENT
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CEC PRorEcr No.321-741

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Charlotte, NC
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Civil & Environmental Consultants, Inc.
Charlotte, NC
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Civil & Environmental Consultants, Inc.
Charlotte, NC
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HABITAT ASSESSMENT
FREEMAN ENVIRONMENTAL
Civil & Environmental Consultants, Inc.
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Charlotte, NC
MOUNTAIN MIST MINE
Phone [phone] • Toll Free: 855/859-9932 www.cecinc.com
MCDOwELL COUNTY, NORTH CAROLINA
CEC PROJECT No. 321-741
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Civil & Environmental Consultants, Inc.
Charlotte, NC
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CEC PROJECT No.321-741

Civil & Environmental Consultants, Inc.
Charlotte, NC
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CEC PRoaEcr No. 321-741

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Charlotte, NC
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Date: February 22, 2022
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CEC PROJECT No. 321-741

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Charlotte, NC
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Civil & Environmental Consultants, Inc.
Charlotte, NC
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Civil & Environmental Consultants, Inc.
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CEC PROJECT No. 321-741

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W,BITAT ASSESSMENT
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MCDOWELL COUNTY, NORTH CAROLINA
CEC PRorEc-r No. 321-741