20110188 Ver 1_EEP Receipt_20110425

Ecosystem
PROGRAM
February 22,2011
Peter Flynn
Kings Mountain Minerals
102 Concept Drive
Kings Mountain, NC 28056 Expiration of Acceptance: November 22,2011
Project: H I Kings Mountain Mine County: Cleveland
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program(NCEEP) is willing to accept
payment for impacts associated with the above referenced project. Please note that this decision does not assure that the payment will
he approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact these
agencies to determine if payment to the NCEEP will be approved. You must also comply with all other state,federal or local
government permits regulations or authorizations associated with the proposed activity including SL 2009-337:An Act to Promote
Compensatory Mitigation by Private-Mitigation Banks.
This acceptance is valid for nine months from the date of this letter and is not transferable. If we have not received a copy of the
issued 404 Permit/401 Certillcation/CAMA permit within this time frame,this acceptance will expire. It is the applicant's
responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s)an invoice will be issued based
on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the In
Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at www.nceep.net.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the following
table. _
River CU Stream(feet) Wetlands(acres) Buffer I Buffer II
Basin Location (Sq. Ft.) (Sq, Ft.)
- .-------....------
Cold Cool Warm Riparian Non-Riparian Coastal Marsh
Impact Broad 03050105 0 0 280 0 0 0 0 0
Credits Broad 03050105 0 0 �Up to 0 0 0 0 0
560
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies require
mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional mitigation,the
applicant will need to submit a mitigation request to NCET:P for approval prior to permit issuance. The mitigation will be performed
in accordance with the N.C. Department of Environment and Natural Resources' Ecosystem Enhancement Program In-Lieu Fee
Instrument dated July 28, 2010.
If you have any questions or need additional information,please contact Kelly Williams at(919)716-1921.
Sincerely,
William D.Gilmore, PE
Director
cc: Ian McMillan. NCDWQ Wetlands/401 Unit
Tyler Crumbley, USAGE-Asheville
Alan Johnson, NCDWQ-Mooresville
Jennifer Robertson, agent
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North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652/919-715.0476/www.neeep.net

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Ecosystem
P 110GRAM
INVOICE
March 1,2011
Peter Flynn
Kings Mountain Minerals
102 Concept Drive
Kings Mountain,NC 28086
Project: H1 Kings Mountain Minerals invoice expires: May 1,2011
County: Cleveland
DWQ# 11-0188
COE#: none given
EEP#: 20562
Location: Broad 03050105
You have elected to satisfy the compensatory mitigation requirements of the Section 401/404/CAMA permit(s) issued for the above
referenced project through payment of a fee to the North Carolina Ecosystem Enhancement Program(NCEEP). In accordance with
15A NCAC 21-1.0500, the amount you owe is based upon the 2010-201 1 Fee Schedule and has been calculated as follows(Please note:
payment for wetlands is calculated in increments of 0.25 acres). If you have any questions concerning this payment,please call Kelly
Williams at(919) 716-1921.
Habitat Type Invoiced Amount Fee Schedule Cost
Stream 250 linear feet x $ 338.00 = $84,500.00
TOTAL AMOUNT DUE if paid within 60 days $84,500.00
If payment is not received within 60 days of the date of this invoice, it will expire. Note that your permit(s)may require payment
before this date. Subsequent invoice extensions will be based on the fee schedule in effect on the date they are issued. Extensions
may be requested by emailing the NCEEP In-Lieu Fee Program Coordinator at [e-mail]. Please send a check
payable to NCEEP for the Total Amount Due to the appropriate address below and enclose a copy of this invoice.
US Mail: Physical Address(for other delivery services):
NCDENR Ecosystem Enhancement Program NCDENR Ecosystem Enhancement Program
1652 Mail Service Center 2728 Capital Boulevard, Suite 1 H 103
Raleigh, NC 27699-1652 Raleigh,NC 27604
If the account name on the check is not the same as the permit holder's name please include a signed statement by the permit holder
that the check is being written on behalf of and with full knowledge and authorization of the permit holder. Refunds of payments
made to NCEEP are only approved under certain conditions. All refund requests must be submitted in accordance with ESP's refund
policy at www.nceep.net.
YOU IINJUST BE IN POSSESSION OF THE PAYMENT RECEIPT FROM NCEEP PRIOR TO COMMENCING THE ACTIVITIES
AUTHORIZED BY THE DEPARTMENT OF ARMY 404 PERMIT,CAMA PERMIT AND/OR THE 401 WATER QUALITY
CERTI FICATION.
cc: Ian McMillan,NCDWQ Wetlands/401 Unit
Tyler Crumbley,USAGE-Asheville
Alan Johnson,NCDWQ-Mooresville
Jennifer Robertson, agent
File
Prot2Gt, Ou,Y ftatee M
NCDENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652/919-715-0476/www.nceep.net

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PROGRAM
RECEIPT
April 25,2011
Peter Flynn
Kings Mountain Minerals
102 Concept Drive
Kings Mountain,NC 28086
Project: H1 Kings Mountain Mine
County: Cleveland
DWQ# 11-0188
COE#: none given
EEP#: 20562
Amount Paid: $84,500.00
Check Number: 3500002584
The North Carolina Ecosystem Enhancement Program(NCEEP)has received a check as indicated above as payment for the
compensatory mitigation requirements of the 401 Water Quality Certification/Section 404/CAMA Permit(s)issued for the
above referenced project. This receipt serves as notification that your compensatory mitigation requirements assigned to
NCEEP associated with the authorized activity as specified below have been satisfied. You must also comply with all other
conditions of this certification and any other state,federal or local government permits or authorization associated with this
activity including SL 2009-337,An Act to Promote Compensatory Mitigation Banks.
The NCEEP,by acceptance of this payment,acknowledges that the NCEEP is responsible for the compensatory mitigation
requirements indicated below associated with the project permit and agrees to provide the compensatory mitigation as
specified in the permit. Mitigation responsibility assigned to the NCEEP is nontransferable. The mitigation will be
performed in accordance with the N.C.Department of Environment and Natural Resources' Ecosystem Enhancement
Program In-Lieu Fee Instrument dated July 28,2010.
River Basin Stream Credits Wetland Credits Buffer I& II
HUC (linear feet) (acres) (Sq. Ft.)
Cold Cool Warm Riparian Non-Riparian Coastal Marsh
Broad 0 0 250 0 0 0 0
03050105
Refunds of payments made to NCEEP are only approved under certain conditions. All refund requests must be submitted in
accordance with EEP's refund policy at www.nceep.net. If you have any questions or need additional information,please
contact Kelly Williams at(919)716-1921.
Sincerely,
ell
William D. Gilmore,PE
Director
cc: Ian McMillan,NCDWQ Wetlands/401 Unit
Tyler Crumbley,USACE-Asheville
Alan Johnson,NCDWQ-Mooresville
Jennifer Robertson,agent
Jennifer Graham,Imerys
File
R"torr;�... E ... Protect, Oar State A►�R
NCDENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652/919-715-0476/www.nceep.net