20110188 Ver 2_401 Application_20180628

Action History (UTC -05:00) Eastern Time (US & Canada)
Submit by Anonymous User 6/28/2018 5:13:08 PM (Start Event)
Accept by Montalvo, Sheri A 7/2/2018 2:12:47 PM (Non DOT Initial Review)
• The task was assigned to Montalvo, Sheri A. The due date is: July 3, 2018 5:00 PM
6/28/2018 5:15 PM

DWR
Division of water Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
January 31, 2018 Ver 2.3
Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all mandatory questions are answered.
Also, if at any point you wish to print a copy of the E -PCN, all you need to do is right -click on the document and you can print a copy of the form.
Below is a link to the online help file.
https://edocs.deq.nc.govMaterResources/0/edocl6247041PCN%20Help%20File%202018-1-30.pdf
A. Processing Information
County (or Counties) where the project is located:*
Cleveland
Is this project a public transportation project?*
f Yes f• No
This is any publicly funded by nunicipal,state or federal funds road, rail, airport transportation project.
1a. Type (s) of approval sought from the Corps:*
V Section 404 Permit (wetlands, streams and waters, Clean Water Act)
F Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
1b. What type(s) of permit(s) do you wish to seek authorization?*
IJ Nationwide Permit (NWP)
r Regional General Permit (RGP)
r Standard (IP)
This form may be Corps to initiate the standard/individual permit process. Please contact your Corps representative for submittal of standard permits.
All required items that are not provided in the E -PCN and be added to the miscellaneous upload located at the bottom of this form.
Nationwide Permit (NWP) Number: 18 - Minor Discharges
NWP Number Other:
List all IWV nurrbers you are applying for not on the drop down list.
1c. Type(s) of approval sought from the DWR:*
check all that apply
IJ 401 Water Quality Certification - Regular r 401 Water Quality Certification - Express
F Non -404 Jurisdictional General Permit r Riparian Buffer Authorization
r Individual Permit
*
1d. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
O Yes O No
For the record only for Corps Permit: O Yes O No

1e. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
If so, attach the acceptance letter from mitigation bank or in -lieu fee program
f Yes C No
1f. Is the project located in anyof NC's twentycoastal counties?*
r Yes C No
1h. Is the project located in a designated trout watershed?*
f Yes f• No
Link to trout information: http://vmw.saw.usace.army.mil/Missions/Regulatory-Permit-ProgranVAgency-Coordination/Trout.aspx
B. Applicant Information
1a. Who is the Primary Contact?*
Jennifer Robertson
1b. Primary Contact Email:*
[e-mail]
1c. Primary Contact Phone:*
(XXX)XXX-XXXX
[phone]
1d. Who is applying for the permit?
❑ Owner V Applicant (other than owner) r Agent/Consultant
(Check all that apply)
2. Owner Information
2a. Name(s) on recorded deed:
NEISLER BROS INC
2b. Deed book and page no.:
Book: 4G Pg: 073
2c. Responsible party:
(for Corporations)
Imerys Mica Kings Mountain Inc. Angela Shuford (plant controller)
2d. Address
Street Address
1469 South Battleground Avenue
Address Line 2
city
Kings Mountain
Fbstal / Zip Code
28086
2e. Telephone Number:
(XXX)XXX-XXXX
[phone]
2f. Fax Number:
(XXX)XXX-)O=
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Applicant is:
State/ Province/ Fbgion
NC
Country
USA

O Agent
f• Other long term lease holder for mining operations
If other please specify.
3b. Name:
Angela Shuford (plant controller)
3c. Business Name:
('rf applicable)
Imerys Mica Kings Mountain, Inc.
3d. Address
Street Address
1469 S. Battleground Avenue
Address Line 2
City
Kings Mountain
F bstal / Zip Code
28086
3e. Telephone Number:
[phone]
(XXX)XXX-XXXX
Fax Number:
(x)x)xxx-:ocxx
3g. Email Address:*
[e-mail]
State / Province / Fbgion
NC
Country
Cleveland
C. Project Information and Prior Project History
1. Project Information
1a. Name of project:*
Imerys: 1-11 Mine
1b. Subdivision name:
('rf appropriate)
N/A
1c. Nearest municipality/ town:*
Kings Mountain
1d. Driving directions*
If it is a new project and can not easily be found in a CPS rrapping system Please provide directions.
Google Maps driving directions attached as "Miscellaneous attachments"
2. Project Identification
2a. Property Identification Number:
(tax RN or parcel ID)
Parcel No. 11496 PIN: 2583129880
2b. Property size:
(in acres)
71
2c. Project Address

Street Address
Concept Rd
Address Line 2
aty State/ Province/ Region
Kings Mountain NC
Pastal / Zip Code Country
28086
2d. Site coordinates in decimal degrees
Please collect site coordinates in decimal degrees. Use between 4-6 digits (unless you are using a survey -grade GPS device) after the decimal place as
appropriate, based on how the location was determined. (For example, most mobile phones with GPS provide locational precision in decimal degrees to
map coordinates to 5 or 6 digits after the decimal place.)
Latitude:* Longitude:*
35.194688 -81.408926
ex: 34.208504 -77.796371
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Long Branch
3b. Water Resources Classification of nearest receiving water:*
Class C
Surface Water Lookup
3c. What river basin(s) is your project located in?*
Broad
River Basin Lookup
4. Project Description
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:*
The project is located at the H1 mine operated by IMERYS Mica Kings Mountain Inc. The H1 mine site is primarily a
Mica which also produces sand and clay in economic quantities. Much of the ground within the project boundary
consist a mine pit, BMP settling ponds, and vegetated buffer around site, and the proposed area to expand the
current mine pit.
4b. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for
DWR)
Qick the upload button or drag and drop files here to attach docurrent
topo.pdf 296.63KB
File type mast be pdf
4c. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site.
(for DWR)
nick the upload button or drag and drop files here to attach docurrent
web soil survey.pdf 687.78KB
File type mist be pdf
4d. List the total estimated acreage of all existing wetlands on the property:
No Wetlands
4e. List the total estimated linear feet of all existing streams on the property:
(interrrittent and perennial)
83 linear feet of intermittent stream
4f. Explain the purpose of the proposed project:*
To expand the current mine pit to access economical reserves of mica

4g. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
Excavation and stripping will occur adjacent to the current mine pit to expand and access the economical reserves
of muscovite mica. Drill tests indicate that the concentrations of near surface mica exceed 10% and is of high
quality. The mine walls will be terraced as excavation progresses and all top soil will be stock piled for future
reclamation. 53 linear feet of the stream would be excavated for the pit expansion
4h. Please upload project drawings for the proposed project.
nick the upload button or drag and drop files here to attach document
File type must be pdt
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas? *
f• Yes r No r Unknown
Comments:
During a site visit with Cathy J. (USAGE) on 4/23/2018 the delineation was
field verified, Alan J. verbially agreed with endpoint during field visit on
4/26/2018
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
r Preliminary r Approved C Unknown f• N/A
Corps AID Number:
Example: SokW-2017-99999
SAW -2010-01173
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
J Sinclair, A Baggarley, J Robertson
Atlas Environmental Inc.
5d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
The Corps and DWR conducted site visits in April 2018.
MI. Jurisdictional determination upload
Qick the upload button or drag and drop files here to attach document
File type mast be FDF
6. Project History
6a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past?
r Yes r No r Unknown
6b. If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW -0000-00000).
SAW -2010-01173 and DWQ# 11 -0 188
Project History Upload
nick the upload button or drag and drop files here to attach document
11 Corps 404.pdf 3.85MB
12 DWQ 401.pdf 1.98MB
File type mast be FDF
7. Future Project Plans
7a. Is this a phased project?*
ryes r No
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the
proposed project or related activity? This includes other separate and distant crossing for linear projects that require Department of the
Army authorization but don't require pre -construction notification.

D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
r- Wetlands V Streams -tributaries r-' Buffers
r- Open Waters F Pond Construction
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites
impacted.
3a. Reason for impact*3b.lmpact 3c. Type of impact*3d. Stream name* 3e. Stream 3f. Type of 3g. Stream 3h. Impact s
type* Type* Jurisdiction* width* length*
S1 Mine Pit Expansion P Excavation UT to Long Branch Intermittent Both 3 53 1
Nbp label (e.g. toad Grossing F2rnanent (F) or Perennial (FEP� or Average (linear feet) 5
1) Tenporary (T) internittent (INT) (feet) 9
— All Perennial or Intermittent streams must be verified by DWR or delegated local government
3i. Total jurisdictional ditch impact in square feet:
0
311. Total permanent stream impacts:
53
31. Total temporary stream impacts:
0
3i. Total stream and tributary impacts:
53
3j. Comments:
Corps and NC DWR verified jurisdiction ends 83 LF up from property line. Existing permitted impacts (30 LF rip -
rap at property line) will not be altered. S1 impact will extent from the upper limit of the existing impact to the end of
Corps and DWR jurisdiction.
E. Impact Justification and Mitigation
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:*
The extents of impacts have been minimized to the greatest extent possible while still being able to mine the
reserves of muscovite mica. The downstream 30 LF closest to the property line will not be altered. Down stream
flow will be maintained as normal from NPDES permitted and monitored storm water discharge. Potential
downstream impacts resulting from sedimentation during expansion will be resolved by grading drainage away
from the property line onto the site, not working in wet conditions, and stabilizing ground as necessary to prevent
erosion.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:*
The expanded mine pit will be terraced in standard 10 ft x 10 ft cuts. This will allow equipment to safely access the
reserves of mica without grading side slopes. Due to proposed pit depth graded side slopes instead of terraced
would potentially impact greater amounts of waters and reduce amounts of product available to mining and
production.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?

f Yes r No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
Project does not require mitigation due to required impacts being limited to 53 LF
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
— Recent changes to the stormwater rules have required updates to this section .***
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection
Rules?
f Yes r No
For a list of options to meet the diffuse flow requirements, click here.
If no, explain why:
Waters from the expanded mine pit are pumped to an elevated pond at ground surface where it gravity flows to a monitored NPDES
wastewater BMP and will flow to the previously permitted 30 foot rip -rap section of stream.
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?
f Yes f• No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?*
r Yes
f No
To look up low density requirement click here 15A NCAC 02H.1003(2)
G. Supplementary Information
1. Environmental Documentation
1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?*
f Yes r No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H.0500), Isolated Wetland Rules (15A NCAC 2H .1300), or
DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)? *
f Yes O No
2b. Is this an after -the -fact permit application?*
f Yes O No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact
nearby downstream water quality?*
f Yes r No
3b. If you answered "no," provide a short narrative description.
The requested permit to expand the mine permit will allow for mining the remaining economical reserves of mica on
site. No future impacts will occur and no additional development will occur.
4. Sewage Disposal (DWR Requirement)

4a. Is sewage disposal required by DWR for this project?*
f Yes f Nor N/A
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
f Yes r No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
f Yes r No
5d. Is another Federal agency involved?*
f Yes r No r Unknown
5e. Is this a DOT project located within Division's 1-8?*
f Yes r No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
r Yes f No
5g. Does this project involve bridge maintenance or removal?
f Yes r No
Link to the NLEB SLOPES document: http://saw-reg.usace.army.mil/NLEB/1-30-17-signed_NLEB-SLOPES&apps.pdf
5h. Does this project involve the construction/installation of a wind turbine(s)?*
f Yes r No
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers,
mechanized pile drivers, etc.?
f Yes C No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
IPAC, NC Natural Heritage Program, USFWS county species listing,
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
f Yes r No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
NOAA EFH mapper
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data: http://gis.ncdcr.gov/hpoweb/
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural
preservation status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)?*
r Yes r No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
NC HPO buffer tool and downloaded GIS datasets
7c. Historic or Prehistoric Information Upload
Click the upload button or drag and drop files here to attach docurrent
SHPO results.pdf 557.04KB
File rrust be FDF
8. Flood Zone Designation (Corps Requirement)

Link to the FEMA Floodplain Maps: https://msc.fema.gov/portal/search
8a. Will this project occur in a FEMA -designated 100 -year floodplain?
f Yes r No
8c. What source(s) did you use to make the floodplain determination?*
GIS Dataset and Google Maps FEMA NFHL plug-in
Miscellaneous
Miscellaneous attachments not previously requested.
(lick the upload button or drag and drop files here to attach docurrent
Aerial 2004.pdf
1.33MB
Aerial 2016.pdf
2MB
01 Preliminary ORM Data Entry Fields for New Actions .pdf
158.8KB
02 Cover Letter.pdf
201.35KB
03 Agent Authorization Form. pdf
75.74KB
5a Sketch Map 20180424.pdf
3.69MB
5b ORM aquatic resource sheet.pdf
23.76KB
13 11x17 Impact Map (overall).pdf
1011.56KI3
14 8.5x11 Impact Map (close up).pdf
898.78KB
15 Impact and Sketch Map.pdf
3.9MB
File mast be FDF or 1,aE
Signature
rJ By checking the box and signing below, I certify that:
■ I have given true, accurate, and complete information on this form;
■ I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic
Transactions Act');
■ I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic
Transactions Act');
■ I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
■ I intend to electronically sign and submit the PCN form.
Full Name:*
Jennifer Lee Robertson
Signature
OX. -Olt. �
Date Submitted:
6/27/2018
Initial Review
Is this project a public transportation project?*(?)
r Yes r No
Change only if needed.
Has this project met the requirements for acceptance in to the review process?*
r Yes
f No
BIMS # Assigned *

20110188
Version#*
Reviewing Office*
Mooresville Regional Office - [phone]
Select Project Reviewer*
Alan Johnson:eads\adjohnson1
Is a payment required for this project?*
f No payment required
r Fee received
r Fee needed - send electronic notification
What amout is owed?*
r $240.00
f $570.00

Project Name: H1 Stream Impact Permitting
Location: H1 Mine
For: Imerys Mica Kings Mountain Inc.
Coordinates: 35.19424, -81.41286 Date: April 23, 2018
H1 boundary
Streets
2 Ft contours
Legend
0 250 500 750 1000 ft
Topographic Map
Soil Map—Cleveland County, North Carolina
(Imerys Mica Kings Mountain: H1 Mine Site)
Natural Resources
Conservation Service
Web Soil Survey
National Cooperative Soil Survey
4/25/2018
Page 1 of 3389370038939003894100389430038945003894700389490038951003895300389370038939003894100389430038945003894700389490038951003895300461600461800462000462200462400462600462800463000463200463400463600463800464000
461600 461800 462000 462200 462400 462600 462800 463000 463200 463400 463600 463800 464000
35° 12' 0'' N 81° 25' 21'' W35° 12' 0'' N81° 23' 38'' W35° 11' 5'' N
81° 25' 21'' W35° 11' 5'' N
81° 23' 38'' WN
Map projection: Web Mercator Corner coordinates: WGS84 Edge tics: UTM Zone 17N WGS84
0 500 1000 2000 3000
Feet
0 150 300 600 900
Meters
Map Scale: 1:12,000 if printed on A landscape (11" x 8.5") sheet.
MAP LEGEND MAP INFORMATION
Area of Interest (AOI)
Area of Interest (AOI)
Soils
Soil Map Unit Polygons
Soil Map Unit Lines
Soil Map Unit Points
Special Point Features
Blowout
Borrow Pit
Clay Spot
Closed Depression
Gravel Pit
Gravelly Spot
Landfill
Lava Flow
Marsh or swamp
Mine or Quarry
Miscellaneous Water
Perennial Water
Rock Outcrop
Saline Spot
Sandy Spot
Severely Eroded Spot
Sinkhole
Slide or Slip
Sodic Spot
Spoil Area
Stony Spot
Very Stony Spot
Wet Spot
Other
Special Line Features
Water Features
Streams and Canals
Transportation
Rails
Interstate Highways
US Routes
Major Roads
Local Roads
Background
Aerial Photography
The soil surveys that comprise your AOI were mapped at
1:24,000.
Please rely on the bar scale on each map sheet for map
measurements.
Source of Map: Natural Resources Conservation Service
Web Soil Survey URL:
Coordinate System: Web Mercator (EPSG:3857)
Maps from the Web Soil Survey are based on the Web Mercator
projection, which preserves direction and shape but distorts
distance and area. A projection that preserves area, such as the
Albers equal-area conic projection, should be used if more
accurate calculations of distance or area are required.
This product is generated from the USDA-NRCS certified data as
of the version date(s) listed below.
Soil Survey Area: Cleveland County, North Carolina
Survey Area Data: Version 20, Sep 26, 2017
Soil map units are labeled (as space allows) for map scales
1:50,000 or larger.
Date(s) aerial images were photographed: Apr 23, 2014—Feb 8,
2017
The orthophoto or other base map on which the soil lines were
compiled and digitized probably differs from the background
imagery displayed on these maps. As a result, some minor
shifting of map unit boundaries may be evident.
Soil Map—Cleveland County, North Carolina
(Imerys Mica Kings Mountain: H1 Mine Site)
Natural Resources
Conservation Service
Web Soil Survey
National Cooperative Soil Survey
4/25/2018
Page 2 of 3
Map Unit Legend
Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI
HhB Hulett gravelly sandy loam, 2
to 8 percent slopes
2.1 2.9%
MaB2 Madison gravelly sandy clay
loam, 2 to 8 percent slopes,
moderately eroded
40.9 57.0%
MbB2 Madison-Bethlehem complex,
2 to 8 percent slopes, stony,
moderately eroded
24.9 34.7%
McC2 Madison-Bethlehem complex,
8 to 15 percent slopes, very
stony, moderately eroded
3.9 5.5%
Ur Urban land 0.0 0.0%
Totals for Area of Interest 71.8 100.0%
Soil Map—Cleveland County, North Carolina Imerys Mica Kings Mountain: H1
Mine Site
Natural Resources
Conservation Service
Web Soil Survey
National Cooperative Soil Survey
4/25/2018
Page 3 of 3
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID: 2010-01173 County: Cleveland USGS Quad: NC- Grover
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: Peter Flynn. Kings Mountain Minerals.Inc.
for Neisler Brothers. Inc.
Address: 102 Concent Drive
Kines Mountain. NC 28086
Telephone No. : 704-300-3863
Size and location of properly (water body, road name/number, town, etc.): The nroiect site is on a UT to
Lons Branch off Dixon Dairv Road and Margrace Road. near Hishwav 29 in Kings Mountain.
Cleveland Countv. NC. Coordinates in Decimal DeErees are: 35.196305 N. -81.406888 W.
Description of projects area and activity: This permit authorizes 30 LF of nermanent impacts
associated with rip-rap installation as a dissipator nad.
Applicable Law: X Section 404 (Clean Water Act, 33 USC 1344)
! Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: RegionalGeneralPermitNumber:
Nationwide Permit Number: 18
Additional Remarks andlor Special Permit Conditions:
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
affached conditions and your plans submitt ed on 24 FEB 1 I . Any violation of the attached conditions or deviation
from your submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate
legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization
is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit
authorization is reissued and/or modified, this verification u'ill remain valid until the expiration date identified
below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit
authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with
the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or
are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity
is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation,
of Authorized I
Total Loss of Waters of the U.S. (ac Total Loss of Waters of the U.S. (l
ired Stream Mitisationuired Wetland Mitisation (ac
unless discretionary authority has been exercised on a case-by-case basis to modifu, suspend or revoke the
authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Qualtty
Certification. You should contact the NC Division of Water Quality (telephone [phone]) to determine
Section 40 I requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area
Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other
required Federal, State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of
Engineers regulatory program, please contact Tyler Crumbley at828-271-7980.
corps Regulatory official r:,rc, c*^arc:, AhA W2 March.2otl
B.
c.
D.
Determination of Jurisdiction :
fl nased on preliminary information, there appear to be waters of the US including wetlands within the above
described project area. This preliminary deterrnination is not an appealable actionunder the Regulatory
Program Administrative Appeal Process ( Reference 33 CFR part 331).
E T.h"t are Navigable Waters of the United States within the above described project area subject to thepermit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act.
Unless there is a change in the law or our published regulations, this determination may be relied upon for aperiod not to exceed five years from the date ofthis notification.
[l there are waters of the US and/or wetlands within the above described project area subject to the permit
requirements of Section 404 of the Clean water Act (CWA)(33 USC $ 1344). Unless theri is a change in the
law or our published regulations, this determination may be relied upon for a period not to exceed fivi years
from the date of this notification.
X the iurisdictional areas within the above described project area have been identified under a previous action.Please reference jurisdictional determination issued 21 October. 2010. Action ID: SAW 2010-OlI73
Basis of Jurisdictional Determination: The stream channels on the properfy are UTs to UT to Long Branch. UT
flows to Long Branch, which flows into the Upper Broad River, wnictr is Seition 10 Navigable in South Carolina.
Appeals Information: (This information does not apply to preliminary determinations as indicated by paragraph A.
above).
Attached to this verification is an approved jurisdictional determination. If you are not in agreement with that
approved jurisdictional determination, you can make an administrative appeal under 33 CFR 331. Enclosed you will
find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal
this determination you must submit a completed RFA form to the following address:
Disfict Engineer, Wilmington Regulatory program
Attn: Tyler Crumbley, project Manager
151 Patton Avenue, Room 208
Asheville, North Carolina 28801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the
criteria for appeal under 33 CFR part 331.5, and that it has been received by the DivisiorOffice within 60 days of
the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address within 60
days from the Issue Date below.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.**
corps Regulatory official: ryrc, c* arcy -TLu'l*- U'rc
Issue Date: 2 March.2011 Expiration Date: Five vears from Issue Date
The Wihnington District is committed to providing the highest level of support to the public. To help us ensure wecontinue to do so, please complete the Customer Satisfaction Survey located at ow website at
http://per2.nwp.usace.army.mivsurvey.html to complete the survey online.
Copy Furnished:
Jennifer Robertson, Atlas Environmental, lnc.
Permit Number: 2010-01173
Permit Type: NWl8
Name of County: Cleveland
Name of Permittee: Peter Flynn, Kings Mountain Minerals, Inc. for Neisler Brothers, Inc.
Date of Issuance: 2March,2}II
Project Manager: Tyler Crumbley
Upon completion of the activity authorized by this permit and any mitigation required by the
permit, sign this certification and return it to the following address:
U.S. Army Corps of Engineers
Attention: CESAW-RG-A
151 Patton Avenue, Room 208
Asheville, North Carolina 2880 1 -5006
Please note that your permitted activity is subject to a compliance inspection by an U.S. Army
Corps of Engineers representative. If you fail to comply with this permit you are subject to
permit suspension, modifi cation, or revocation.
I hereby certify that the work authorizedby the above referenced permit has been completed in
accordance with the terms and conditions of the said permit, and required mitigation wils
completed in accordance with the permit conditions.
Signature of Permittee Date
Applicant: Peter Flynn, Kings Mountain Minerals,Inc. for
Neisler Brothers, Inc.
File Number: 2010-01 173 Date:2 March,2011
Attached is:See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)A
PROFFERED PERMIT (Standard Permit or Letter of permission)B
PERMIT DENIAL C
X APPROVED ruRISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATI ON E
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'-tl.'i.5ll*S1**i*Yilllrlll{va:44..1..19:9.;Y,..:1.i€silEffiffifuEI ji eFR Fart ii i. '
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the
Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit,
including its terms and conditions, and approved jurisdictional determinations associated with the permit.
OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit
be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be
received by the district engileer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future.
Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your
concerns, (b) modiff the permit to address some of your objections, or (c) not modify the permit having determined that the permit should
be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your
reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the
Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit,
including its terms and conditions, and approved jurisdictional determinations associated with the permit.
APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may
appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending
the form to the division ensineer. This form must be received by the division ensineer within 60 days of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer
within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide
new information.
ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notifu the Corps within 60 days of the date of this
notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal
Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding
the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which
may be appealed), by contacting the Corps district for further instruction. Also you may provide new information
for fuither consideration by the Corps to reevaluate the JD.
REASONS FOR APPEAL OR OBJECTIONS: (Describe yow reasons for appealing the decision or your objections to an initial
proflered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of
the appeal conference or meeting, and any supplemental information that the review offrcer has determined is needed to clariSr the
administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide
additional information to clarifu the location of information that is already in the administrative record.
.j
!4
If you have questions regarding this decision and,/or the appeal process
you may contact:
Tyler Crumbley, Regulatory Specialist
USACE, Asheville Regulatory Field Office
151 Patton Ave
RM 208
Asheville, NC 28806
828-271-7980
If you only have questions regarding the appeal process you may
also contact:
Jason Steele
Administrative Appeals Review Officer
60 Forsl'th Street, SW (Room 9M10)
Atlanta, GA 30303-8801
404-562-5137
RIGHT OF ENTRY: Yow sigrrature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to
conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site
investigation, and will have the opportunity to participate in all site investigations.
Sisnature ofapoellant or asent.
Date:Telephone number:
&).lcDINR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
February 28,2011
DWQ# 1 1-0188
Cleveland County
Mr. Peter Flynn
Kings Mountain Minerals, Inc.
102 Concept Dr.
Kings Mountain, NC 28086
Subject: H1 Mine, Kings Mountain Minerals
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Flynn:
You have our approval, in accordance with the general certification and those conditions listed
below, to impact 280 linear feet (lf) of unnamed stream to Long Branch in order to conduct the
proposed mining activity in Cleveland,County, as described in your appljcation r:eceived by the
Division of Water Quality (DWO) on February 24,2100. After reviewing your application, we have
determined that this project is covered by Water Quality General Certification Number 3821, which
can be viewed on our web site at http://portal.ncdenr.org/web/wq/swp/wsi401. The General
Certification allows you to use Nationwide Permit Number 18 once it is issued to you by the U.S.
Army Corps of Engineers. Please note that you should get any other federal, state or local permits
before proceeding with your project, including those required by (but not limited to) Sediment and
Erosion Control, Non-Discharge, and Water Supply Watershed regulations.
The above noted Certification will expire when the associated 404 permit expires unless
otheru,uise specified in the General Certification. This approval is only valid for the purpose and
design that you described in your application. lf you change your project, you must notify us in
writing, and you may be required to send us a new application for a new certification. lf the property
is sold, the new owner must be given a copy of the Cerlification and approval letter; and is thereby
responsible for complying with all conditions.
ln addition to the requirements of the certification, you must also comply with the following
conditions:
1. The Moor,esville Regional Office shall ber'notified in writing once construction at thelapproved
impact areas has commenced.
Dee Freeman
Secretary
NBitrrcarolina
,ATatura//y
Mooresville Regional Office
Location: 610 East Center Avenue, Suite 301 , Mooresville, NC 281 1 5
Phone: [phone]\Fax: (704)'663-6040\ Customer Service: 1-877-623-6748
Internet: http://portal.ncdenr.org/web/wq
An Equal Opportunity/Affirmative Action Employer - 50o/o Recycled/10% Post Consumer Paper
r
\
2.
3.
4.
5.
Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you wish to make a payment to the Stream Restoration Fund administered by the
NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement. This has been
determined by the DWQ to be a suitable method to meet the mitigation requirement. Untilthe
EEP receives and clears your check (made payable to: DENR - Ecosystem Enhancement
Program Office), no impacts specified in this Authorization Certificate shall occur. The EEP
should be contacted at [phone] if you't'laVe any questions concerning payment into a
restoration fund. You have 60 days from the date of this approvalto make this payment. For
accounting purposes, this Author:ization Certificate authorizes payment into the fund to meet the
following compensatory mitigation requirement:
Compensatory Mitigation
Required
River and Sub-basin
Number
Stream 250 (feet)Broad (03050105)
Wetlands (acres)
Waters (acres)
Must comply with the all conditionr of the General Storm Water Permit for Mining (NCG020089)
issued for this operation.
Storm water discharge structures at this site shall be constructed in a manner such that the potential
receiving streams (of the discharge) will not be impacted due to sediment accumulations, scouring
or erosion of the stream banks.
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the Preconstruction Notification application. All construction
activities associated with this project shall meet, and/or exceed, those requirements specified in the
most recent version of the North Carolina Sediment and Erosion Control Manual and shall be
conducted so that no violations of state water quality standards, statutes, or rules occur.
Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. lf placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored within two months of the date the
Division of Land Resources has released the project.
Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of
Completion" form to the -401A//etlands Unjt of the NC DWQ,
Continuing Compliance. The applicant (Kings Mountain Minerals, lnc.) shall conduct all activities in
a manner so as not to contravene any state water quality standard (including any requirements for
compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of
state and federal law. lf DWQ determines that such standards or laws are not being met (including
the failure to sustain a designated or achieved use) or that state or federal law is being violated, or
that further conditions are necessary to assure compliance, DWQ may reevaluate and modify this
certification to include conditions appropriate to assure compliance with such standards and
requirements in accordance with 15 A NCAC 2H.0507(d). Before codifying the certification, DWQ
shall notify the applicant and the US Army Corps of Engineers, provide public notice in accordance
with 15A NCAC 2H.0503, and provide opportunity for public hearing in accordance with 15A NCAC
2H.0504. Any new or revised conditions shall be provided to the applicant in writing, shall be
7.
8.
provided to the United States Army Corps of Engineers for reference in any permit issued pursuant
to Section 404 of the Clean Water Act. and shall also become conditions of the 404 Permit for the
project.
lf you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing,
send a written petition that conforms'to Chapter 150B of the North Carolina General Statutes to the
Office of Administrative Hearings, 6714 Mail"Service Center, Raleigh, N.C. 27699-6714. This
certification and its conditions are final and binding u'nless you ask for a hearing.
This letter completes the review of DWQ under Section 401 of the Clean Water Act. lf you have
any questions, please telephone Mr. Alan Johnson in the Mooresville Regional Office at 704-663-1699
or lan McMillan in the Central Office in Raleigh 919-733-9721.
Sincerely,
"*"---ffi{G8
forColeen
Attachments
cc: Army Corps of Engineers, Asheville
lan McMillan, Wetlands Unit
MRO, Land Quality
Jennifer Robertson, Atlas Env., PO Box 882, Canton, NC 28716
Project Name: H1 Mine: SHPO Map
Owner/Developer: Imerys Mica Kings Mountain
Coordinates: 35.19404, -81.41011 Date: 04/25/2018
Location: Kings Mountain NC
NC HPO Buffer Tool Results
1 Mile
Project Name: H1 Stream Impact Permitting
Location: H1 Mine
For: Imerys Mica Kings Mountain Inc.
Coordinates: 35.19424, -81.41286 Date: April 23, 2018
H1 boundary
Streets
Aerial Imagery: 2004
Legend
0 250 500 750 1000 ft
Aerial Imagery: 2004
Project Name: H1 Stream Impact Permitting
Location: H1 Mine
For: Imerys Mica Kings Mountain Inc.
Coordinates: 35.19424, -81.41286 Date: April 23, 2018
H1 boundary
Streets
Aerial Imagery: 2016
Legend
0 250 500 750 1000 ft
Aerial Imagery: 2016
Preliminary ORM Data Entry Fields for New Actions

SAW – 201 - BEGIN DATE [Received Date]:

Prepare file folder Assign Action ID Number in ORM

1. Project Name [PCN Form A2a]:

2. Work Type: Private Institutional Government Commercial

3. Project Description / Purpose [PCN Form B3d and B3e]:

4. Property Owner / Applicant [PCN Form A3 or A4]:

5. Agent / Consultant [PCN Form A5 – or ORM Consultant ID Number]:

6. Related Action ID Number(s) [PCN Form B5b]:

7. Project Location - Coordinates, Street Address, and/or Location Description [PCN Form B1b]:

8. Project Location - Tax Parcel ID [PCN Form B1a]:

9. Project Location – County [PCN Form A2b]:

10. Project Location – Nearest Municipality or Town [PCN Form A2c]:

11. Project Information – Nearest Waterbody [PCN Form B2a]:

12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form B2c]:

Authorization: Section 10 Section 404 Section 10 & 404

Regulatory Action Type:

Standard Permit
Nationwide Permit #
Regional General Permit #
Jurisdictional Determination Request
Pre-Application Request
Unauthorized Activity
Compliance
No Permit Required

ATLAS Environmental, Inc.
712 English Tudor Lane
Charlotte, North Carolina 28211
704-512-1206 (o) / 828-712-9205 (m)
www.atlasenvi.com / Offices in Asheville and Charlotte

June 27, 2018

US Army Corps of Engineers NC Division of Water Quality
Attn: Mrs. Cathy Janiczak Attn: Mr. Paul Wojoski
151 Patton Ave, Room 208 1617 Mail Service Center
Asheville, North Carolina 28801-5006 Raleigh, North Carolina 27699-1617

Re: Kings Mountain Minerals, Inc. H1 Mica Mine – PCN Request
Kings Mountain, Cleveland County, North Carolina

Cathy/Paul:

The attached Pre-Construction Notification (PCN) is being submitted on behalf of Mrs.
Angela Shuford with Imerys Mica Kings Mountain, Inc. to allow for the excavation of 53
linear feet of intermittent stream in Cleveland County, North Carolina on Dixon Dairy
Road. A previous permit was issued in 2011 for 250 linear feet of excavation and 30
linear feet of rip-rap. The 30 linear feet of rip-rap has been installed. The excavation
did not occur, and the permit approvals expired on March 18, 2012.

Atlas staff delineated the property in early 2018 since the previous JD had expired. The
Corps and DWR during site visits in April 2018 agree that the stream is 83 linear feet.
The bottom 30 linear feet has been impacted under the previous permit approval. The
upper 53 linear feet has not been impacted and is included in the PCN request.

Feel free to contact me if you have any questions regarding the attached PCN.

Thanks,

Jennifer L Robertson

Digital Copy To:
Mr. Alan Johnson, NC DWQ - Mooresville
Project Name: H1 Mine Sketch Map
Location: H1 Mine
For: Imerys Mica Kings Mountain Inc.
Coordinates: 35.19424, -81.41286 Date: April 24, 2018
H1 boundary
Potential Waters of the U.S.
Intermittent Stream
Streets
Legend
0 200 400 600 800 ft
H1 Mine: Potential Waters of the U.S.
Project Name: H1 Mine Sketch Map
Location: H1 Mine
For: Imerys Mica Kings Mountain Inc.
Coordinates: 35.19424, -81.41286 Date: April 24, 2018
H1 boundary
Potential Waters of the U.S.
Intermittent Stream
Streets
2 ft_Contours
Legend
0 200 400 600 800 ft
H1 Mine: Potential Waters of the U.S.
Project Name: H1 Mine Sketch Map
Location: H1 Mine
For: Imerys Mica Kings Mountain Inc.
Coordinates: 35.19424, -81.41286 Date: April 24, 2018
H1 boundary
Potential Waters of the U.S.
Intermittent Stream
Streets
Aerial Imagery: 2016
Legend
0 200 400 600 800 ft
H1 Mine: Potential Waters of the U.S.
Project Name: H1 Mine Sketch Map
Location: H1 Mine
For: Imerys Mica Kings Mountain Inc.
Coordinates: 35.19424, -81.41286 Date: April 24, 2018
H1 boundary
Potential Waters of the U.S.
Intermittent Stream
Legend
0 50 100 150 200 ft
H1 Mine: Potential Waters of the U.S.
Waters_NameStateCowardin_Code HGM_Code Meas_Type Amount Units Waters_Type Latitude Longitude Local_WaterwayCH 100North CarolinaR4 Linear 83 Foot Delineate 35.19431000 -81.41320000
Project Name: H1 Mine Sketch Map
Location: H1 Mine
For: Imerys Mica Kings Mountain Inc.
Coordinates: 35.19424, -81.41286 Date: April 24, 2018
H1 boundary
Streets
2 ft_Contours
Delineation 2018
Ephemeral
Intermittent
Legend
0 0.125 0.25 0.375 0.5 Miles
Topographic Map
Project Name: H1 Mine Sketch Map
Location: H1 Mine
For: Imerys Mica Kings Mountain Inc.
Coordinates: 35.19424, -81.41286 Date: April 24, 2018
H1 boundary
Streets
2 ft_Contours
Delineation 2018
Ephemeral
Intermittent
Legend
0 0.125 0.25 Miles
Aerial Imagery
Project Name: H1 Mine Sketch Map
Location: H1 Mine
For: Imerys Mica Kings Mountain Inc.
Coordinates: 35.19424, -81.41286 Date: April 24, 2018
H1 boundary
Delineation 2018
Intermittent
Legend
0 50 100 150 200 Feet
Stream Impact Detail