20190035 Ver 1_Approval Letter_20191021

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
Piedmont Lithium, Inc
Attn: Patrick Brindle
5706 Dallas-Cherryville Highway
Bessimer City NC 28016
NORTH CAROLINA
Environmental Quality
October 21, 2019
DWR # 20190035
Gaston County
Subject: Approval of Individual 401 Water Quality Certification with Additional Conditions
Piedmont Lithium Project
USACE Action ID. No. SAW-2018-01129
Dear Mr. Brindle:
Attached hereto is a copy of Certification No. WQC004201 issued to Mr. Patrick Brindle and Piedmont
Lithium, Inc., dated October 21, 2019. Please note that you should get any other federal, state or local
permits before proceeding with the subject project, including those required by (but not limited to)
Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations.
This approval and its conditions are final and binding unless contested. This Certification can be
contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an
administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty (60)
calendar days.
A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's
Office at [phone] for information. A petition is considered filed when the original and one (1)
copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday
through Friday between 8:00am and 5:00pm, excluding official state holidays).
The petition may be faxed to the OAH at [phone], provided the original and one copy of the
petition along with any applicable OAH filing fee is received by the OAH within five (5) business days
following the faxed transmission.
Mailing address for the OAH:
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
Noa.�cnnou
wow..n awn 919.707.9000

Piedmont Lithium Project
DWR Project #20190035
Individual Certification #WQC004201
Page 2 of 10
If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699-6714 Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DEQ:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
Unless such a petition is filed, this Certification shall be final and binding.
This certification completes the review of the Division under section 401 of the Clean Water Act and 15A
NCAC 02H .0500. Contact Sue Homewood at 336-776-9693 or sue.homewoodCcDncdenr.gov if you have
any questions or concerns.
Sincerely,
Mac Haupt, Acting Supervisor
401 & Buffer Permitting Branch
cc: Kelly Thames, HDR (via email)
David Shaeffer, USACE Charlotte Regulatory Field Office (via email)
Byron Hamstead, USFWS (via email)
Olivia Munzer, NC WRC (via email)
Todd Bowers, EPA, (via email)
DWR MRO 401 file
DWR 401 & Buffer Permitting Branch file
Filename: 20190035PiedmontLithiumProject(Gaston)_IP.docx

Piedmont Lithium Project
DWR Project #20190035
Individual Certification #WQC004201
Page 3 of 10
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC004201 is issued in conformity with the requirements of Section 401, Public Laws
92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H .0500,
to Mr. Patrick Brindle and Piedmont Lithium, Inc., who have authorization for the impacts listed below, as
described within your application received by the N.C. Division of Water Resources (Division) on January 4,
2019 and subsequent information on May 31, 2019, July 3, 2019, and September 5, 2019 and by Public
Notice issued by the U. S. Army Corps of Engineers and received by the Division on January 17, 2019.
The State of North Carolina certifies that this activity will not violate the applicable portions of Sections
301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if conducted in accordance with the
application, the supporting documentation, and conditions hereinafter set forth.
This approval requires you to follow the conditions listed in the certification below.
Conditions of Certification:
1. The following impacts are hereby approved. No other impacts are approved, including incidental
impacts. [15A NCAC 02H .0506(b) and/or (c)]
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Stream
Impact 1— Stream 2*
178 (linear feet)
0 (linear feet)
Impact 2 — Stream 3
1,090 (linear feet)
0 (linear feet)
Impact 3 — Stream 8*
249 (linear feet)
0 (linear feet)
Impact 4— Stream 8
549 (linear feet)
0 (linear feet)
Impact 5 — Stream 9
77 (linear feet)
0 (linear feet)
Impact 6 — Stream 10
520 (linear feet)
0 (linear feet)
Impact 7 — Stream 11
30 (linear feet)
0 (linear feet)
Impact 8 — Stream 15
1,126 (linear feet)
0 (linear feet)
Impact 9 — Stream 15*
81(linear feet)
0 (linear feet)
Impact 11— Stream 12
917 (linear feet)
0 (linear feet)
Impact 12— Stream 12*
700 (linear feet)
0 (linear feet)
Impact 13—Stream 12*
55 (linear feet)
0 (linear feet)
Impact 15—Stream 1213
240 (linear feet)
0 (linear feet)
404/401 Wetlands
Impact 14 — Wetland 9
0.18 (acres)
0 (acres)
Indirect Impacts:
Wetlands 1-8, 11-13, 16
7.46 (acres)
0 (acres)
Open Waters
Impact 10 — Pond 3
0.08 (acres)
0 (acres)
Impact 15 — Pond 4
0.08 (acres)
0 (acres)
* Indicates perennial stream, mitigation required

Piedmont Lithium Project
DWR Project #20190035
Individual Certification #WQC004201
Page 4 of 10
2. Mitigation must be provided for the proposed impacts as specified in the table below. The Division
has received an acceptance letter from the NC Division of Mitigation Services (DMS) to meet this
mitigation requirement. Until the DMS receives and clears your payment, and proof of payment has
been provided to this Office, no impacts specified in this Authorization Certificate shall occur. For
accounting purposes, this Authorization Certificate authorizes payment to the DMS to meet the
following compensatory mitigation requirement [15A NCAC 02H .0506 (b)(6)]:
Compensatory Mitigation
River & Sub -basin Number
Required
Stream
1,263 (linear feet)
Catawba
03050102
Wetlands
7.64 (acres)
Catawba
03050102
3. The Permittee shall conduct surveys for state -listed mussel and crayfish species within the project
limits prior to project commencement in accordance with recommendations from North Carolina
Wildlife Resource Commission. Survey results shall be supplied to the NCWRC prior to project
commencement. [15A NCAC 02H .0506(b)(2) and 15A NCAC 04B .0125]
4. Streams within the project limits that have been avoided by direct impacts from the project shall be
monitored for surface flow by the Permittee to establish any loss of hydrologic function/flow and to
determine if the streams continue to provide aquatic life propagation and biological integrity per
required in North Carolina Administrative Code 15A NCAC 2B .0211(1). Continuous flow
measurement shall occur through gauges installed at the locations identified as 401-1 through 401-8
as shown on the attached Monitoring Location Map:
Background flow measurements shall be conducted for a minimum of 1 year prior to the
commencement of pit dewatering activities and shall continue until a it can be demonstrated that all
possible pit dewatering conditions have been realized for a sufficient period of time to document
flow trends during each season, and any hydrologic function/flow impacts have been sufficiently
monitored. Annual reports of monitoring shall be submitted to the Winston-Salem Regional Office
on June 1 of each year.
If monitoring of stream flow indicates a reduction of flow of greater than 10% at any sampling
location, then the Permittee shall submit a report to the Division which includes an analysis of of
hydrologic and aquatic function of the stream. If the Division determines that there has been a loss
of functioning accordance with 15A NCAC 2B .0211(1) the Permittee shall submit a mitigation plan
to the Division.
S. Upon the start of pit dewatering activities, groundwater levels shall be continuously monitored in
observation wells OB-1 through OB-13 as shown on the Mine Map provided with the July 3, 2019
supplement provided to the Division. Groundwater levels in the observation wells shall be recorded
a minimum of 24 hours prior to the start of pit dewatering. The Permittee shall provide a minimum
of 1 year of baseline monitoring from previously established monitoring locations (MW-1 to MW-5,

Piedmont Lithium Project
DWR Project #20190035
Individual Certification #WQC004201
Page 5 of 30
OW-2S, OW-21), PW-1, OW-1S and OW-11)) to represent groundwater elevations across the site
prior to the commencement of pit dewatering. Annual reports of monitoring results shall be
submitted to the Winston-Salem Regional Office on June 1 of each year. If observation well show
lowering of the groundwater table below that predicted by the technical memo submitted to the
Division on July 3, 2019 then the Permittee shall provide an updated report that addresses impacts
to surrounding public water supply wells.
6. A copy of the stormwater outfall/surface water monitoring plan, as approved by the Division of
Energy, Mineral and Land Resources NPDES Permit and/or Mining Permit shall be submitted to the
Division prior to the commencement of mining activities. Additional surface water monitoring
requirements may be added by the Division upon review of the surface water monitoring plan(s)
approved by the Division of Energy, Mineral and Land Resources. [15A NCAC 02H .0506(b)(5)]
7. Stormwater runoff from impervious surfaces throughout the entire project site shall be addressed in
one or more of the regulated programs: an approved Sediment and Erosion Control Plan, a NPDES
stormwater permit, a NPDES wastewater permit, a Division approved Stormwater Management Plan.
[15A NCAC 02H .0506(b)(5)11
8. This approval is for the purpose and design described in your application and as described in the Public
Notice and as amended in supplemental information supplied to the Division. The plans and
specifications for this project are incorporated by reference and are an enforceable part of the
Certification. Any modifications to the project require notification to DWR and may require an
application submittal to DWR with the appropriate fee. [15A NCAC 02H .0501 and .05021
9. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint of the
impacts (including temporary impacts) as authorized under this Certification. [15A NCAC 02H .0501
and .0502]
10. All construction activities shall be performed and maintained in full compliance with G.S. Chapter
113A Article 4 (Sediment and Pollution Control Act of 1973).
11. Sediment and erosion control measures shall not be placed in wetlands or waters except within the
footprint of temporary or permanent impacts authorized under this Certification. [15A NCAC 02H
.0501 and .0502]
12. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along
streambanks or within wetlands. [15A NCAC 02B .0201]
13. An NPDES Construction Stormwater Permit (NCG010000) is required for construction projects that
disturb one (1) or more acres of land. The NCG010000 Permit allows Stormwater to be discharged
during land disturbing construction activities as stipulated in the conditions of the permit. If the
project is covered by this permit, full compliance with permit conditions including the erosion &
sedimentation control plan, inspections and maintenance, self -monitoring, record keeping and
reporting requirements is required. [15A NCAC 02H .0506(b)(5) and (c)(5)]

Piedmont Lithium Project
DWR Project #20190035
Individual Certification #WQC004201
Page 6 of 30
14. All work in or adjacent to streams shall be conducted so that the flowing stream does not come in
contact with the disturbed area. Approved best management practices from the most current version
of the NCSediment and Erosion Control Manual, or the NC DOTConstruction and Maintenance
Activities Manual, such as sandbags, rock berms, cofferdams, and other diversion structures shall be
used to minimize excavation in flowing water. [15A NCAC 02H .0506(b)(3) and (c)(3)j
15. Culverts shall be designed and installed in such a manner that the original stream profiles are not
altered and allow for aquatic life movement during low flows. The dimension, pattern, and profile of
the stream above and below a pipe or culvert shall not be modified by widening the stream channel or
by reducing the depth of the stream in connection with the construction activity. The width, height,
and gradient of a proposed culvert shall be such as to pass the average historical low flow and spring
flow without adversely altering flow velocity. [15A NCAC 02H .0506(b)(2) and (c)(2)].
Placement of culverts and other structures in streams shall be below the elevation of the streambed
by one foot for all culverts with a diameter greater than 48 inches, and 20% of the culvert diameter
for culverts having a diameter less than or equal to 48 inches, to allow low flow passage of water and
aquatic life.
If multiple pipes or barrels are required, they shall be designed to mimic the existing stream cross
section as closely as possible including pipes or barrels at flood plain elevation and/or sills where
appropriate. Widening the stream channel shall be avoided.
If bedrock is discovered during construction, then DWR shall be notified by phone or email within 24
hours of discovery.
Installation of culverts in wetlands shall ensure continuity of water movement and be designed to
adequately accommodate high water or flood conditions. When roadways, causeways, or other fill
projects are constructed across FEMA-designated floodways or wetlands, openings such as culverts
or bridges shall be provided to maintain the natural hydrology of the system as well as prevent
constriction of the floodway that may result in destabilization of streams or wetlands.
The establishment of native woody vegetation and other soft stream bank stabilization techniques
shall be used where practicable instead of rip -rap or other bank hardening methods.
16. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas and/or
wetlands shall be conducted at agronomic rates and shall comply with all other Federal, State and
Local regulations. Fertilizer application shall be accomplished in a manner that minimizes the risk of
contact between the fertilizer and surface waters. [15A NCAC 02B .0200 and 15A NCAC 02B .0231]
17. If concrete is used during construction, then all necessary measures shall be taken to prevent direct
contact between uncured or curing concrete and waters of the state. Water that inadvertently
contacts uncured concrete shall not be discharged to waters of the state. [15A NCAC 02B .02001

Piedmont Lithium Project
DWR Project #20190035
Individual Certification #WQC004201
Page 7 of 30
18. No temporary impacts are allowed beyond those included in this Certification. All temporary fill and
culverts shall be removed, and the impacted area shall be returned to natural conditions within 60
calendar days after the temporary impact is no longer necessary. The impacted areas shall be
restored to original grade, including each stream's original cross -sectional dimensions, planform
pattern, and longitudinal bed profile. All temporarily impacted sites shall be restored and stabilized
with native vegetation. [15A NCAC 02H .0506(b)(2) and (c)(2)]
19. All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams shall be installed as
outlined in the most recent edition of the North Carolina Sediment and Erosion Control Planning and
Design Manual or the North Carolina Surface Mining Manual or the North Carolina Department of
Transportation Best Management Practices for Construction and Maintenance Activities so as not to
restrict stream flow or cause dis-equilibrium during use of this Certification. [15A NCAC 02H
.0506(b)(2) and (c)(2)]
20. Any riprap required for proper culvert placement, stream stabilization, or restoration of temporarily
disturbed areas shall be restricted to the area directly impacted by the approved construction activity.
All riprap shall be buried and/or "keyed in" such that the original stream elevation and streambank
contours are restored and maintained. Placement of riprap or other approved materials shall not
result in de -stabilization of the stream bed or banks upstream or downstream of the area. [15A NCAC
02H .0506(b)(2)]
21. This Certification does not relieve the applicant of the responsibility to obtain all other required
Federal, State, or Local approvals before proceeding with the project, including those required by, but
not limited to Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and Trout
Buffer regulations.
22. All mechanized equipment operated near surface waters shall be inspected and maintained regularly
to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other toxic
materials. Construction shall be staged in order to minimize the exposure of equipment to surface
waters to the maximum extent practicable. Fueling, lubrication and general equipment maintenance
shall not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuels and
oils. [15A NCAC 02H .0506(b)(3) and (c)(3) and 15A NCAC 02B .0211 (12)]
23. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to
minimize soil disturbance. [15A NCAC 02H .0506(b)(3) and (c)(3)]
24. In accordance with 143-215.85(b), the applicant shall report any petroleum spill of 25 gallons or more;
any spill regardless of amount that causes a sheen on surface waters; any petroleum spill regardless
of amount occurring within 100 feet of surface waters; and any petroleum spill less than 25 gallons
that cannot be cleaned up within 24 hours.

Piedmont Lithium Project
DWR Project #20190035
Individual Certification #WQC004201
Page 8 of 10
25. Mr. Patrick Brindle and Piedmont Lithium, Inc. shall conduct construction activities in a manner
consistent with State water quality standards (including any requirements resulting from compliance
with section 303(d) of the Clean Water Act) and any other appropriate requirements of State and
Federal law. [15A NCAC 02B .0200] If the Division 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, the Division may
reevaluate and modify this Certification. Before modifying the Certification, the Division shall notify
Mr. Patrick Brindle and Piedmont Lithium, Inc. and the U.S. Army Corps of Engineers, provide public
notice in accordance with 15A NCAC 02H .0503 and provide opportunity for public hearing in
accordance with 15A NCAC 02H .0504. Any new or revised conditions shall be provided to Mr. Patrick
Brindle and Piedmont Lithium, Inc. in writing, shall be provided to the U.S. 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.
26. Upon completion of all permitted impacts included within the approval and any subsequent
modifications, the applicant shall be required to return a certificate of completion (available on the
DWR website https://edocs.deg.nc.gov/Forms/Certificate-of-Completion). [15A NCAC 02H .0502(f)]
27. If the property or project is sold or transferred, the new Permittee shall be given a copy of this
Certification (and written authorization if applicable) and is responsible for complying with all
conditions. [15A NCAC 02H .0501 and .0502]
28. This Certification neither grants nor affirms any property right, license, or privilege in any waters, or
any right of use in any waters. This Certification does not authorize any person to interfere with the
riparian rights, littoral rights, or water use rights of any other person and this Certification does not
create any prescriptive right or any right of priority regarding any usage of water. This Certification
shall not be interposed as a defense in any action respecting the determination of riparian or littoral
rights or other rights to water use. No consumptive user is deemed by virtue of this Certification to
possess any prescriptive or other right of priority with respect to any other consumptive user
regardless of the quantity of the withdrawal or the date on which the withdrawal was initiated or
expanded.
29. This certification grants permission to the director, an authorized representative of the Director, or
DENR staff, upon the presentation of proper credentials, to enter the property during normal business
hours. [15A NCAC 02H .0502(e)]
30. Non-compliance with or violation of the conditions herein set forth by a specific project may result in
revocation of this General Certification for the project and may also result in criminal and/or civil
penalties.

Piedmont Lithium Project
DWR Project #20190035
Individual Certification #WQC004201
Page 9 of 10
31. The permittee shall report to the Mooresville Regional Office any noncompliance with this
certification, any violation of stream or wetland standards [15A NCAC 02B .0200] including but not
limited to sediment impacts, and any violation of state regulated riparian buffer rules [15A NCAC 02B
.0200]. Information shall be provided orally within 24 hours (or the next business day if a weekend
or holiday) from the time the applicant became aware of the circumstances. A written submission
shall also be provided within 5 business days of the time the applicant becomes aware of the
circumstances. The written submission shall contain a description of the noncompliance, and its
causes; the period of noncompliance, including exact dates and times, if the noncompliance has not
been corrected, the anticipated time compliance is expected to continue; and steps taken or planned
to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Division may waive the
written submission requirement on a case -by -case basis.
This approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in
your application shall expire upon expiration of the 404 or CAMA Permit. The conditions in effect on the
date of issuance shall remain in effect for the life of the project, regardless of the expiration date of this
Certification. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506]
This the 21'` day of October 2019
MkE Haupt, Acting Supervisor
401 & Buffer Permitting Branch
449.1
WQC004201

Piedmont Lithium Project
DWR Project #20190035
Individual Certification #WQC004201
Page 10 of 30