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HomeMy WebLinkAboutNCG020716_COMPLETE FILE - HISTORICAL_20151119r AM STORMWATER DIVISION CODING SHEET NCG PERMITS PERMIT NO. /V C� �� D � I DQC TYPE -�T-H ISTORICAL FILE ❑ MONITORING REPORTS DOC DATE ❑ Q0161111 YYYYMMDD North Carolina Department of Environmental Duality Pat McCrory Governor Gregory Taveras The Quartz Corp USA P.O. Box 309 Spruce Pine, NC 28777 Dear Mr. Taveras: Donald R. van der Vaart Secretary November 19, 201S Subject: General Permit No. NCG020000 The Quartz Corp USA - Pete Lawson Mine COC NCG020716 Mitchell County In accordance with your request for renewal of a discharge permit received on June 30, 2014, we are forwarding herewith the subject certificate of coverage to discharge under the subject state - NPDES general permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection Agency dated October 15, 2007 (or as subsequently amended). Please take notice that this certificate of coverage is not transferable except after notice to the Division of Energy, Mineral, and Land Resources. The Division may require modification or revocation and reissuance of the certificate of coverage (COC). Please be advised that EPA Region 4 staff who performed a Compliance Sampling Inspection (CSI) at the end of March 2015 and follow-up sampling in June 2015 at other industrial mineral mines in North Carolina raised concerns about metals levels in the discharges. The Stormwater Permitting Program identified mines like this one that have similar activities. During the term of this General Permit, this site may be evaluated further for an alternative permitting action, such as applying to the Division of Water Resources (DWR) for an individual NPDES discharge permit (or modification of its existing wastewater individual permit) prior to the expiration of this General Permit in 2020. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Energy, Mineral, and Land Resources, or permits required by the Division of Water Resources (DWR), Coastal Area Management Act, or any other federal or local governmental permit that may be required. If the conditions as stipulated in the COC are unacceptable to you, you may apply sooner for an individual NPDES discharge permit. Division of Energy, Mineral, and Land Resources Energy Section • Geological Survey Section • Land Quality Section 512 North Salisbury Street, Raleigh, North Carolina 27604 • Internet: http:/Iportal.ncdenr.org/web/ir/ Mailing Address: 1612 Mail Service Center, Raleigh, North Carolina 27699-1612.919.707-9200 / FAX: 919-715-8801 An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper NCG020716 Renewal COC November 19, 2015 Page 2 If you have any questions concerning this permit, please contact Bradley Bennett at telephone number (919) 807-6378, or Bethany Georgoulias at telephone number (919) 807-6372. Sincerely, U for Tracy E. Davis, P.E., CPM cc: Toby Vinson, DEMLR Land Quality Section Tom Belnick, DWR Water Quality Permitting Section Stan Aiken, DEMLR Asheville Regional Office RE Linda Wiggs, DWR Asheville Regional Office Kip Tyler, EPA Region IV NPDES Permitting and Enforcement Branch Stormwater Permitting Program Files DWR Central Files Certificate of Coverage Page i of 1 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL AND LAND RESOURCES GENERAL PERMIT NO. NCG020000 CERTIFICATE OF COVERAGE No. NCGO20716 STORMWATER AND WASTEWATER DISCHARGES NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, The Quartz Corp USA is hereby authorized to discharge stormwater and/or wastewater, as provided in the original Certificate of Coverage (COC), or subsequent COC modification, from a facility located at. - Pete Lawson Mine Gouges Creek Rd Spruce Pine Mitchell County to receiving waters designated as Gouges Creek, class WS-IV;Tr water(s) in the French Broad River Basin(s) in accordance with the stormwater pollution management requirements, monitoring and reporting requirements, and other conditions set forth in Parts I, 1I, III, IV, V, and VI of General Permit No. NCG020000 as attached. This Certificate of Coverage shall become effective October 1, 2015. This Certificate of Coverage shall remain effective for the duration of the General Permit_ Signed this day October 1, 2015. upr. 1 i for Tracy E. Davis, P.E., CPM Director, Division of Energy, Mineral and Land Resources By the Authority of the Environmental Management Commission http://portal.ncdenr.org/web/Ir/2015-crenewal 11 / 19/2015 North Carolina Department of Environmental Quality C& Technical Bulletin for N.C. General NPDES Permit NCG020000 (Mining Env"nnwnrur Activities) Division of Energy, Mineral, and Land Resources Quality Technical Bulletin for NCGO2000D (Mining) Last Revised 10/812015 What activities are covered by this general permit? NCG020000 coverage authorizes: • Stormwater discharges associated with mining and quarrying of non-metallic minerals (except fuels), mine excavation, processing, and vehicle maintenance activities (VMA) at mine sites. • Wastewater discharges (dewatering, process wastewater, wastewater recycle system overflows). • Operation of wastewater treatment systems (Authorization to Construct no longer required). NCG020000 ,coverage is NOT APPLICABLE to: • Borrow Pits covered by the NC DOT statewide stormwater permit. • Peat mining, coal mining, metal mining, or oil & gas extraction operations. • Wastewater not specifically identified by the general permit. What are key stormwater requirements? NCG020000 requires periodic discharge monitoring and a Stormwater Pollution Prevention Plan (SPPP): • Develop and implement an SPPP, and update it at least annually. • Inspect Stormwater Best Management Practices (BMPs) once every seven (7) calendar days. • Semi-annual analytical monitoring and qualitative (visual) monitoring. • Report stormwater monitoring data once a year by March 1 st to DEG Central Office. • Report benchmark exceedances or Tier 2 monitoring to the DEMLR Regional Office within 30 days. • Respond to benchmark exceedances according to Tier response requirements. What are key wastewater requirements? NCG020000 stipulates wastewater treatment facility operational requirements and periodic discharge monitoring: • Notify DEG if facility fails to perform satisfactorily or creates nuisance conditions. . Only DEG-evaluated'flocculants may be used, if administered according to maximum application doses. • Quarterly analytical monitoring for first year, or until four consecutive samples comply with all limits (then semi-annual monitoring allowed). Quarterly monitoring schedule resumes upon any limit violation. • Settleable solids (SS) monitoring applies to discharges to HQW, ORW, SA, SB, PNA, or Tr designated waters. • Total Suspended Solids (TSS) limits specific to industrial sand mines, and to any mine discharging to HQW. • Report wastewater effluent monitoring data once a year (by March 1 st) to DEG Central Office, • Report effluent limitation violations to the DEMLR Regional Office within 30 days. • Effluent turbidity levels above the water quality standard prompt upstream and downstream monitoring. What has changed from the previous permit? Some changes specific to Stormwater: • Reduced BMP inspections (weekly) for active mines; additional allowances for inactive mines that qualify for "dormant status." • Changes to SPPP Annual Update. • "Measureable storm event" (any size that results in a discharge) replaces "Representative" event. • New benchmarks and Tiers specific to turbidity. • Total Flow and event duration no longer required. • pH removed from VMA monitoring. Some changes specific to Wastewater: • May drop to semi-annual W W monitoring after four quarterly samples that comply with all limitations. • Turbidity instream monitoring is required if effluent levels above the water quality standard. • SS monitoring for sensitive waters only (HQW, etc.) • TSS limits apply to industrial sand mines gnd HQWs. Changes from the fast permit are detailed in the "Response to Comments and Summary of Changes" Document for the 2015 NCG02 GP on our website. PAGE TECHNICAL BULLETIN FOR N.C. GENERAL NPDES PERMIT NCG020000 (MINING ACTIVITIES) Frequently Asked Questions What if my mine is inactive? The permit makes allowances for inactive mines that have sus- pended all industrial activities and that certify to DEMLR that the site has been stabilized. If approved for "dormant status," these operations quality for re- duced BMP inspections and may be exempted from outfoll moni- toring by the Regional Engineer. Do I have to monitor all outfalls? Yes. However, you may request Representative Outfall Status (ROS). If approved, ROS allows monitoring at fewer outfalls. To request ROS, submit an ROS Re- quest Form to the DEMLR Region- al Office. The form is available on our website (below). Also, the Regional Office may exempt mines with "dormant sta- tus" from analytical and/or quali- tative monitoring. What if I sell my business, or the name changes? You are required to notify DEMLR of those changes in writing, and continuation of permit coverage is subject to the Director's ap- proval. Please submit the Name/ Ownership Change form located on our Program website. What do I do when my permit expires? Permitees are not required to sub- mit an application for renewal un- less directed by the Division. The permittee should continue to abide by this general permit if it expires and renewed coverage has not yet been issued. What is wastewater, and what is stormwater at a mine site? Any water contacting an actively mined area, water used to pro- cess mined materials, and mine dewatering water are all consid- ered "wastewater." For some mines, "mine dewatering" also means wet pit overflows, and not just pumped -out water. Any stormwater that commingles with these waters is "wastewater." "Stormwater" includes runoff from areas related to mining, pro- cessing, or raw material storage areas, such as haul roads or pro- cessing plant areas at the mine. Sometimes the answer is not clear because of how broad the defini- tions are. For example, N.C. con- siders runoff from areas that con- tain overburden only (no mined or processed material), and that does not commingle with wastewater (including runoff from the mine), to be stormwater. It you are unsure about discharges, please contact the DEMLR Re- gional Office for assistance. Does a certified lab need to analyze my samples? Monitoring'under NPDES permits must be conducted in accord- ance with test procedures ap- proved in federal regulations in 40 CFR § 136. All labs certified by LAST REV. 10/8I15 North Carolina perform analysis in accordance with those proce- dures. While N.C. certification re- quirements do not apply to testing stormwater-onlydischarges, data gathered under an NPDES permit must still conform to federal re- quirements. Using a North Caroli- na certified lab is one way to en- sure compliance. A list of certified labs is available from: http:// portal.ncdenr.org/web/wq/lab/ cert/ What if I pull samples for my analytical monitoring, and I'm unable to get a sample or valid results for a parameter? If this happens, please sample for the missing parameter during the next measureable storm event or wastewater discharge. If I sample my discharge, do I have to do visual monitoring at the same time? You may, but it is not necessary under NCG02. Some other gen- eral permits require it, however. What if there is no flow for a period between two samples that exceed a benchmark? Are those consecutive exceedances? Yes. This scenario still puts you in Tier 2. The new permit is more clear about how the Tier 2 trigger omits periods of no discharge. Who can help me with" questions?,;, Your questions about stormwater permit requirements ^� can be addressed to the DEMLR Offices: Asheville Office ........... (828) 296-4500 Washington Office....... (252) 946-6481 Fayetteville Office....... (910) 433-330D Wilmington Office........ (910) 796-7215 Mooresville Office....... (704) 663-1699 Winston-Salem Office... (336) 776-9800 Raleigh Office............ (919) 791-4200 Central Office ............. (919) 707-9220 _Helniul link: DEMLR Stormwater Permitting Program: http://portal.ncdenr.org/web/ir/stormwater `!71 e ANNUAL SUMMARY DISCHARGE MONITORING REPORT (DMR) — STORMWATER SUBMIT TO CENTRAL OFFICE* General Permit No. NCG020000 Calendar Year "Report ALL STORMWATER monitoring data on this form (include "No Flout/No Discharge" and Benchmark Exceedances) from the previous calendar year to the DEQ by MARCH 1 of each year. Certificate of Coverage No. N0002 Facility Name: County: Phone Number: (^ Certified Laboratory Lab #. Lab # Total no. of SDOs monitored Stormwater Discharge Outfall. (SDO) No. VMA Outfall? , Yes ❑ No ❑ Is this outfall currently in Tier 2 for any parameter? Yes ❑ No ❑ Was this outfall ever in Tier 2 during the past year? Yes ❑ No ❑ If this outfall was in Tier 2 last year, was monthly monitoring discontinued? Yes, enough consecutive samples below benchmarks to decrease frequency ❑ Yes, received approval from DEMLR to reduce monitoring frequency ❑ No, turbidity benchmark exceedances did not require monthly monitoring ❑ Other ❑ � 1 •r. 1� 7W ', �'r r }. Ouifall,No - t {% { �, iota[ Rainfall inches '�- 1..1 �,''Upstream S, m911': � .. •' '�' S' 1 E� m51 �.. h..!'S .f' S� 1 r'F fires f, E .• Turbtdtt Yr 1NTU � ir7 Cfif 1 ?T'T; L '�Y {U} Turbidity, NTU -r sf' -Lj. Downstream (D} Turbidity, NTU.� i w ; k .�. _ ,"'� '.�"'Yr. Non olar` R, �&d, mg11 {VMA) " Motor Oil? -Usage allmo: ) Stormwater Benchmarks a,dkale Nor F`o""r a lkable Benchmark 100150 , 0.1 Benchmark 501251:10 . NIA Sttaandard applies NIA Standard applies C 5, r• average pe requi55 res` T 8G monkorlSS and olar Date Sample Collectedr < molddl r Permit Date 10/112015 — 9130/2020 Last Revised 10-2-2015 Certificate of Coverage No. N0002 ❑❑❑❑ Additional Outfall Attachment (make copies as needed for additional outfalls) Stormwater Discharge Outfall (SDO) No. VMA Outfall? Yes ❑ No ❑ Is this outfall currently in Tier 2 for any parameter? Yes ❑ No ❑ Was this outfall ever in Tier 2 during the past year? Yes ❑ No ❑ If this outfall was In Tier 2 last year, was monthly monitoring discontinued? Yes, enough consecutive samples below benchmarks to decrease frequency ❑ Yes, received approval from DEMLR to reduce monitoring frequency ❑ No. turbidity benchmark exceedances did not require monthly monitoring ❑ Other ❑ - ` Outfall No: - Total Rainfall' : inches. TSS,, : m 11 g f ' Upsfream SS,r ' Turbidity, (U) Turbidity, mlll - = NTU - NTU r - .. - - - Downstream New >' (D) Turbidity, • Nori-polar ;Motor 0iI' : O&G, m If' NTU , , 9, Usage (VMA) allmo:` a -"- - - St�ormwater Benchmarks Indk:are No Wff0.1,.. @F` x Circle Benchmark 100150 • clrcla Benchmark . NIA 5Q125114 Standard ap'wie. ' >55 gavnw, NIA aranspe r.qrea Standard p#€e: 15 T aand , hori ar ng ,Date',Sample .'; ,,Collected, =M! molddl r -: MIN M M ME Permit Date 10/112015 — 9/30/2020 Last Revised 10-2-2015 Certificate of Coverage No. NGG02 ❑❑❑❑ Additional Outfall Attachment (make copies as needed for additional outfalls) Stormwater Discharge Outfall (SDO) No. VMA Outfall? Yes ❑ No ❑ Is this outfall currently in Tier 2 for any parameter? Yes ❑ No ❑ Was this outfall ever in Tier 2 during the past year? Yes ❑ No ❑ If this outfall was in Tier 2 last year, was monthly monitoring discontinued? Yes, enough oonsecutive samples below benchmarks to decrease frequency ❑ Yes, received approval from DEMLR to reduce monitoring frequency ❑ No, turbidity benchmark exceedances did not require monthly monitoring ❑ Other Cl �`•'- f '4utfallr c „No Total _ irc4es TSS; SS; - lIF Turbidity, NTU � ; ",Ups trearTi (U).Turbidity, �NTU - �Dowristream (D), Turbid. ity, NTU ,Grm , Non -polar, 08 11rr New -.Motor Oil -,Usage=Rainfall, allrho.) Stormwater Benchmarks Wdkale MO ,FLOC" Circle Benchmark 100/50 .0.1_ circle Benchmark' 50/25/10 NIA sta�dare °applies . - NIA standarQuality a: 15 average F*qwres T0&0 MonSS and itoring DateSample . ` Collected, . �,molddl r z Permit Date 10/1/2015 — 9130/2020 Last Revised 10-2-2015 Certificate of Coverage No. NCG02 ❑0C1❑ CERTIFICATION "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." (Required by 40 CFR §'122.221 Signature Date Mail Annual Summary Stormwater DMR to the NCDEQ Central, Officer Note the address is correct - Central Files is housed in DWR (not DFMLR) N.C. Department of Environmental Quality (DEQ) Division of Water Resources Attn: DWR Central Files 1617 Mail Service Center Raleigh, NC 27699-1617 Central Files Telephone (919) 807-6300 Questions? Contact DEMLR Stormwater Permitting Staff in the Central Office at: (919) 707-9220 Permit Date 10/112015 — 9130/2020 Last Revised 10-2-2015 ANNUAL SUMMARY DISCHARGE MONITORING REPORT (DMR) —WASTEWATER SUBMIT TO CENTRAL OFFICE* General Permit No. NCG020000 Calendar Year 'Report ALL WASTEWATER monitoring data on this form (include "No Flow'/'No Discharge" and Limit Violations) from I the previous calendar year to the DEQ by MARCH 1 of each year. Certificate of Coverage No. NCG02 Facility Name: County: Phone Number: (� Certified Laboratory Lab # Lab # Total no. of outfalls monitored Wastewater (WW) Discharge Outfall No. Is this an industrial sand mine (See 40 CFR §436 Subpart D)? Yes ❑ No ❑ Does this outfall discharge WW to SA waters? Yes ❑ No ❑ Does this outfall discharge WW to'SB or PNA waters? Yes ❑ No ❑ Does this outfall discharge WW to HQW or ORW waters? Yes ❑ No ❑ If so, what is the 7Q10 flow rate? or Tidally influenced waters, 7Q10 not available ❑ Does this outfall discharge WW to Trout (Tr) -designated waters?. Yes ❑ No ❑ Were there any limit violations in the calendar year? Yes ❑ No ❑ .: Outfali No n - .. Daily,Flow .Rate, cfs - , _ pH,-, . '" SU > TSS,.'". Imgll _, t+ SS, ; ,mllE> t'. "l a 11ca pP aro 4Discharge. Turbidity; NTU .:c; , � ! _ .'Upstream: {U} Turbidity,.{D) 1 , NTU Downstream Turbidity, NTU= __Fecal Coliform, coI1100 ml Effluent Mo. Ave 1 Daily Max. HQW orORW, 50%,of 7Q10 r"dkah'� Vitro v freshwater 6.0-9.0 6::a8't-a8t.r 5 Industrial sand 25145 HUWor0RW 20130 Now or oRw AW Tr or PHA 10115 HGW.ORW, stiSa.PHA. o'arTruu -0.110.2 No Limit lrcli Quality Standard dwt amuse: 550125110 - , NIA 'lty Standard NIA Water Standpee NIA _ Date Sample ollecte`'d . rnolddl' Permit Date 10/1/2015 — 9/30/2020 Last Revised 10-2-2015 Certificate of Coverage No. NCG02 ❑❑❑❑ Additional ©utfall Attachment (make copies as needed for additional outfalls) Wastewater (WW) Discharge Outfall No. Is this an industrial sans! mine (See 40 CFR W6 Subpart D)7 Yes ❑ No ❑ Does this outfall discharge WW to SA waters? Yes ❑ No ❑ Does this outfall discharge WW to SB or PNA waters? Yes ❑ No ❑ Does this outfall discharge WW to HQW or ORW waters? Yes ❑ No ❑ If so, what is the 7Q10 flow rate? or Tidally influenced waters, 7010 not available ❑ Does this outfall discharge WW to Trout (Tr) designated waters? Yes ❑ No ❑ Were there any limit violations in the calendar year reported? Yes ❑ No ❑ Daily Flow Ratej-cfs pH, SU ' ' TSS, mgA" J SS,' ` mill`" : frappacahre Discharge Turbidity, NTU 'Upstream (U) Turbidity, NT•U YDownstreain (D) Turbidity, NTU 'Cvliforrr;i co11100 ml SA _ HQW orORw Effluent 50% of Limitations 7Q10 - No. Ave 1 Daily Max. Indicate NO FLOW • HaAAfkabta freshwater 6.0-9.0_ •�rC►watere- 6•y'8•J Industrial Sand . 25145 -How.roRW . 20/30 HQ,.o,w =Tr or PNA 1 0115 HQW ORW, s .S13,pNA. or any Trout 0.1/0.2 • No Limit QualitylS andard thatapplles: 50/25/1 0 NIA Sttaandard applies - NIA Staand�ard apples NIA Date Zample Collected, #.' molddl r Permit Date 10/112015 — 9/30/2020 Last Revised 10-2-2015 Certificate of Coverage No. NCG02 ❑❑❑❑ Additional Outfall Attachment (make copies as needed for additional outfalls) Wastewater (WW) Discharge Outfall No. Is this an industrial sand mine (See 40 CFR §436 Subpart D)? Yes ❑ No ❑ Does this outfall discharge WW to SA waters? Yes ❑ No ❑ Does this outfall discharge WW to SS or PNA waters? Yes ❑ No ❑ Does this outfall discharge WW to HOW or ORW waters? Yes ❑ No ❑ If so, what is the 7Q10 flow rate? or Tidally influenced waters, 7Q10 not available ❑ Does this outfall discharge WW to Trout (Tr) designated waters? Yes ❑ No ❑ Were there any limit violations in the calendar year reported? Yes ❑ No ❑ Daily Flow. {OutfallTNo., ; Rate, cfs „1 pH, 3U . ,TSS, _ SS, mgll mlll • . _ ' rr apa+�abro Discharge Turbidity,-- , "NTU Upstream. (U) Turbidity; - NTU Downstream. ,(D) Tuirbidity, NTU •Fecal. Coliform;• i c6lh(i0 ml' SA HOW or ORw Effluent 50% of Limitations 7Q10 . Mo. Ave r Daily Max. Indicate NO FLOW !lapplrcablo fivah atm 6.0=9.0 saltwater 6.8-8.5 MduatrW Smod . 25145 MQW, ORW, 11aWor0RW SA, sa,PNA. 20I30 or am Trout Haw or,,w 0.110.2 = Tr or PNA 10i15. . No Limit Quaff ty Water ndard that applies: 50/25/10 NIA' Sttaanddard applies NIA.. Standard applies NIA ' `Date Sample' r . -Collected;' molddl r='. Permit Date 1011I2015 -- 9/30/2020 Last Revised 10-2-2015 Certificate of Coverage No, NCG02 ❑❑❑❑ CERTIFICATION "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the infonmation submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." (Required by 40 CFR §122.221 Signature Date Mail Annual Summary Wastewater DMR to the NCDEQ Central Office: Note the address is correct — Central Files is housed in DWR (ndt DEMLR) N.C. Department of Environmental Quality (DEQ) Division of Water Resources Attn: DWR Central Files 1617 Mail Service Center Raleigh, NC 27699-1617 Central Files Telephone (919) 807-6300 Questions? Contact DEMLR Stormwater Permitting Staff in the Central Office at: (919) 707-9220 Permit Date 1011/2015 — 9/30/2020 Last Revised 10-2-2015 I BENCHMARK EXCEEDANCE or TIER 2 DISCHARGE MONITORING REPORT (DMR) - STORMWATER 7_ SUBMIT. TO REGIONAL.OFFICE* General Permit No. NCG020000 "Use this form if any stormwater samples have EXCEEDED A BENCHMARK or if the.facility is.in TIER 2 MONITORING for any parameter (including TIER 2 for Turbidity). Send sample results to the DEMLR Regional Office within 30 days of receipt from the laboratory. Certificate of Coverage No. NCG02 Facility Name: Sample Collection Period: Period 1 ❑ Period.2 ❑ Calendar Year County: For Monthly Monitoring: Month Phone Number: (�� Person Collecting Samples: Certified Laboratory: Lab #, Lab•# Has this.facitity had 4 or more benchmark .exceed ances for any.singie parameter, -at any one SW discharge outfail (SDO)? Yes ❑ No ❑ Have you contacted the Regional Office? Yes ❑ No ❑ Whom at the Region did you speak with? Part A: Stormwater Monitorina Reauirements (no VMA. see next oaae for outfalls with VMA) •y_ h "> `-•-�- :Outfall No �`;�. _ Date.Sample�. ;Collected. ��- - ,} k Total " Rainfall , . ,1. :'=~ IsAhis.SDO in Tier 2? ,. •- Total- Law.' - T• :-'f "''Suspended Solids (TSS), . .`Mgll . ,- .4 , '-. Settleable Solids ;- " mill y — . '? l+x �--, - - �- Tu�bidity,3NTU �, . , _ ' 1 :r Upstream (U)' Twrbidity,� _NTU •.F ,e.. - - • `w Downstream (D) : Turbidity, _ NTU ' �;, . :�-;, Molddlyr L[ t V n O�NOFLaW r..►"-: ,,3ci �' ..'..: - Inches .r YIN _ - 100 50 lattw, HOW, Tr, pNA) .0.1 • 50 25 gakes,reaemirs,sattwaters) O �tresMrater7rdealpnated strew lakss and resemlrs NIA Water Quality Standard applies NIA Water Quality Standard applies Permit Date 101112015 — 9/30/2020 Last Revised 10-2-2015 Page 1 of 3 Certificate of Coverage No. NCG02 ❑❑❑❑ Part A: Stormwater Monitoring Requirements (no VMA), Cont. Out1`ail No.= * DateiSample Collected _. ,Total ' "Rainfall : - . s"Ais.sDO in Tier 2? :Total ;:Suspended: '_.Solids (TSS),. m 11 ' r Settleable Solids; mII1.. _ _Tu"rbidity, NTU„ y �tJpstream'(U) Turbidity;-;._ :NTU Downstream (13) 'Turbidity, _. NTU: +molddlyr rs i ri NO�FLOW. ` inches S` . ,.,1s YIN - 100 �-50 (ORW,HQWJr,PNA),- 0.1 - 25 (lakes, reservoirs, salt waters) '�10 (=roshwater7rdesignated streams lakes and reservoirs N/A Water Quality Standard applies NIA Water Quality Standard applies Part B: Stormwater Monitoring Requirements for SDOs with Vehicle Maintenance Activities (VMA) where facilities use > 55 gallons of new motor oil'a month if averaged over the calendar year. NOTE: Other parameters only for outfalls that include both mining activities and VMA. VMA ' :.VMA only ,. VMA, only ° " !f applicable . Ifapplicable"' If applicable If licbble. -- - �. L f} ©ate Sample Total,-,, - 1TSS,, 4 Non polar New Motor �' SSA, Turtiidity, Upstream (U) Doinrrisfrea"m (D) Outfall 1 Collected Rainfall -- -mg11. : O&G, mg11' Oil Use mill: NTU Turbidity„ Turbidity, L 'k <c a`, (gallmo.) •- - NTU, _ NTU 7. Y (. .h <-1 �* f •)i�' - ta, Y: 1 �Y. '!T, _ ., tf� 1 -W...: �..� y , or "NOFLOW" "- inches . ' 100I50 15 55 . 0.1 50/25/10 N/A NIA Permit Date-101112015 — 9/3012020 Last Revised 10-2-2015 Page 2 of 3 Certificate of Coverage No. NCG02 ❑❑❑❑ CERTIFICATION "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted, Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." [Required by 40 CFR §122,22] Signature Date Mail Benchmark Exceedance/Tier 2 DMR to Your DEMLR Regional Office Land Quality Section: 2090 US Highway 70 Swannanoa, NC 28778 (828) 296-4500 RALEIGH,REGIONAL.OFFICE 3800 Barrett Drive Raleigh, NC 27609 (919) 7914200 WINST._ ON-SALEM-REGiONAL OFFICE 450 Hanes Mill Road, Suite 300 Winston-Salem, NC 27103 (336) 776-9800 Permit Date 10/1/2015 — 9/30/2020 FAYETTEVILLE REGIONAL OFFICE ~ 225 Green Street Systel Building Suite 714 Fayetteville, NC 28301-5043 (910)433-3300 WASHINGTON'REGIONAL OFFICE 943 Washington Square Mall Washington, NC 27889 (252) 946-6481 CENTRAL OFFICE Questions for The Central Office Stormwater Permitting Program? (919) 707-9220 M_ OORESVILLE REGIONAL OFFICE 610 East Center Avenue/Suite 301 Mooresville, NC 28115 (704) 663-1699 ,�YILMINGTON REGIONAL OFFICE 127 Cardinal Drive Extension Wilmington, NC 28405-2845 (910) 796-7215 Last Revised 10-2-2015 Page 3 of 3 LIMIT VIOLATION DISCHARGE MONITORING REPORT (DMR) — WASTEWATER SUBMIT TO REGIONAL OFFICE* Gerweral Permit`No. NCG020000' `Use this form if any wastewater samples have EXCEEDED A WASTEWATER LIMIT for any parameter. Send sample results to,the DEMLR Regional Office within 30 days of receipt from the laboratory. Certificate of Coverage No. NCG02 Facility Name: Sample Collection Period: Qtr 1 ❑ Qtr 2 ❑ Qtr 3 ❑ Qtr 4 ❑ Calendar Year County: if Monthly Monitoring: Month Phone Number: Person Collecting Samples: Certified Laboratory: Lab # Lab # Is this an industrial sand mine? Yes ❑ No ❑ Discharge to HQW or ORW waters? Yes ❑ No ❑ Discharge to SA waters? Yes ❑ No ❑ Discharge to Tr (Trout) waters? Yes ❑ No ❑ Discharge to SB or PNA waters? Yes ❑ No ❑ If HQW, what is the 7010 flow rate? or Tidal, 7Q10 not available ❑ Wastewater Monitorina Reauirements 74.-:�.:s.;.w+,�;i.F Outsell F, •r--+r°•e;� .....-..w-.�-..-�:.:. .+:;�'r=•.+••..�a:. � ��` . 7_ ikDate"SampledDailyFlow_. '' �Caliected ` `a- --.�..--+.-.�., Yr ..,.-w..y..� y3- `'4' � n ?�': Rate, efs y .T•� r.- L -.. �+se•�'s--'+ : � �.-.4.i' �`�w^ -, x; ``pH;� ',SU q. .�' 1 '.� r% r-.-y •.v.�=T�tal.�. _.� - Suspended ; ,Solids (TSS), �.� � � 2 mgll . y - ""` .�' ' � ��,�,�._�;;. -w -r'• 'Settleable ' �Salids, �,;���. _. m 111 "•;..17.PPfle.b7o 3 +---1i-•� �:,i..�. ;R 5w ` DischargeUpstream;(U) `Turbidity; NTU ,;1' Y� 7---� '�. +i•.,. �+•-•• �• - � -.t. 'L. -Turbidity, ' -. s =NTU �- .r' ' w.. ..- � - Downstream .(Dy Turbidity,-. _ NTU _ - � _ �.r Feca!` , 'Coliform, co11100 ml' � .^]A s.;yc ,t • molddlyr or 'NO FLOW° HOW orORW ` '50% of 7Q10 lRekat. NO FLOWNappiicMe freshwater 6.0-9.0 aalhvatgr ._ 6.8.8.5 - lndwtrlal Sand 25145 _ HQvreroRw 20130 HQW or ORW 7d Tr or PHA 10115 H W, ORW, SA, S8, PQhIA or.nyTmut 0.110.2 . - -» y' 'No Limit alrcl.wMet � 9„l �seanaara_ 50/25/10 NIA Standard P NIA Standard °;oaci.. NIA Pennit Date 10/112015 — 9/30/2020 Last Revised 11-18-2015 Page 1 of 3 Certificate of Coverage No. NCG02 ❑QQ❑ wastewater monitoring Kequirements, cons. Qutfall Date'.Sample Collected Daily. Flow -Rate cfs Y pH; SU , .Suspended_ Solids (TSS), _._ f. mgll f�� Settleable ; G'.Solids;r k'mlll;:�,� '�llippflcebta _ � Discharge- Turbidity, NTU -n a e _ :Upstream (U) _Downstream, Twbidity, (D) Turbidity; NTU NTU: •h' _ • Fecal Coliform, ' col/.100 m1. molddLyr Or "NO ROM HQWorORW S0% of 7, 1Q • IndrekaAW FLOw 11 lke6N freshwater 6.0-9,0 `°"Mate' 6.8-8.5 industrial Sand _25/45: - HQWorORW 20I3Q HOW or ORW A6g Tr or PNA 10/15 maw, oRw,an se PNA,o►anyTrout 0���0.2 No Limit CIrcleWoterQualttyStandard that eAPtlee: 50125I10 NIA NIA Water Quality Water Standard aPPlles standard aPPhae - NIA Permit Date 10/112015 — 9/30/2020 Last Revised 11-18-2015 Page 2 of 3 Certificate of Coverage No. NCG02 ❑EQ❑ CERTIFICATION "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." [Required by 40 CFR §122.22] Signature Date Mail Limit Violation DMR to Your DEMLR Regional Office Land Quality Section: 2090 US Highway 70 Swannanoa, NC 28778 (828) 2964500 3800 Barrett Drive Raleigh, NC 27609 (919) 791-4200 WINSTON-SALEM REGIONAL OFFICE 450 Hanes Mill Road, Suite 300 Winston-Salem, NC 27103 (336) 776-9800 Permit Date 10/112016 — 9/30/2020 FAYETTEVILLE REGIUNAI,:OFFICE 225 Green Street Systel Building Suite 714 Fayetteville, NC 28301-5043 (910) 433-3300 943 Washington Square Mall Washington, NC 27889 (252) 946-6481 Questions for The Central Office Stormwater Permitting Program? (919) 707-9220 MOORESVILLE REGIONAL OFFICE 610 East Center Avenue/Suite 301 Mooresville, NC 28115 (704)663-1699 127 Cardinal Drive Extension Wilmington, NC 28405-2845 (910)796-7215 Last Revised 11-18-2015 Page 3 of 3 A+�� `' A NCDENR Stormwater Discharge Outfall (SDO) Qualitative Monitoring Report Forguidance on filling out this form, please visit: httl2b(IpQrtal.ncdenr.org/web/lr/ni2dts-stormmoter/ Permit No.:/�/�/�/�/_/^/_ _/�/ or Certificate of Coverage No.: Facility Name: County: Phone No. Inspector: Date of Inspection: Time of Inspection: Total Event Precipitation (inches): Was this a "Representative Storm Event" or "Measureable Storm Event" as defined by the permit? (See information below.) ❑ Yes ❑ No Please verify whether Qualitative Monitoring must be performed during a "representative storm event" or "measureable storm event" (requirements vary, depending on the permit). Qualitative monitoring requirements vary. Most permits require qualitative monitoring to be performed during a "representative storm event" or during a "measureable storm event." However, some permits do not have this requirement. Please refer to these definitions, if applicable. A "representative storm event" is a storm event that treasures greater than 0.1 inches of rainfall and that is preceded by at least 72 hours (3 days) in which no storm event measuring greater than 0.1 inches has occurred. A single storm event may contain up to 10 consecutive hours of no precipitation. A "measurable storm event" is a storm event that results in an actual discharge from the permitted site outfall. The previous measurable storm event must have been at least 72 hours prior. The 72-hour storm interval does not apply if the permittee is able to document that a shorter interval is representative for local storm events during the sampling period, and the permittee obtains approval from the local DWQ Regional Office. By this signature, I certify that this report is accurate and complete to the best of my knowledge: (Signature of Permittee or Designee) Pagel of 2 SWU-242, Last modified 7/31/2013 L: 1. Outfall Description: Outfall No. Structure (pipe, ditch, etc.) Receivine Stream: Describe the industrial activities that occur within the outfall drainage area: 2. Color: Describe the color of the discharge using basic colors (red, brown, blue, etc.) and tint (light, medium, dark) as descriptors: 3. Odor: Describe any distinct odors that the discharge may have (i.e., smells strongly of oil, weak chlorine odor, etc.): 4. Clarity: Choose the number which best describes the clarity of the discharge, where 1 is clear and 5 is very cloudy: 1 2 3 4 5 5. Floating Solids: Choose the number which best describes the amount of floating solids in the stormwater discharge, where 1 is no solids and 5 is the surface covered with floating solids: 1 2 3 4 5 6. Suspended Solids: Choose the number which best describes the amount of suspended solids in the stormwater discharge, where 1 is no solids and 5 is extremely muddy: 1 2 3 4 5 7. Is there any foam in the stormwater discharge? Yes No 8. Is there an oil sheen in the stormwater discharge? Yes No 9. Is there evidence of erosion or deposition at the outfall? Yes No 10. Other Obvious Indicators of Stormwater Pollution: List and describe Note: Low clarity, high solids, and/or the presence of foam, oil sheen, or erosion/deposition may be indicative of pollutant exposure. These conditions warrant further investigation. Page 2 of 2 SWU-242, Last modified 7/31/2013 NCDENR Stormwater Discharge Outfall (SDO) Qualitative Monitoring Report Forguidance on fitting out this form, please visit. httR;//portal.ncdenr.orglweb/lrjnpdes-stormwater! Permit No.: LI/�/ _/�/_/_/_ f /�/ or Certificate of Coverage No.. Facility Name: County: Inspector: Date of Inspection: Time of Inspection: Total Event Precipitation (inches): Phone No. Was this a "Representative Storm Event" or "Measureable Storm Event" as defined by the permit? (See information below.) ❑ Yes ❑ No Please verify whether Qualitative Monitoring must be performed during a "representative storm event" or "measureable storm event" (requirements vary, depending on the permit). Qualitative monitoring requirements vary. Most permits require qualitative monitoring to be performed during a "representative storm event" or during a "measureable storm event." However, some permits do not have this requirement. Please refer to these definitions, if applicable. A "representative storm event" is a storm event that measures greater than 0.1 inches of rainfall and that is preceded by at least 72 hours (3 days) in which no storm event measuring greater than 0.1 inches has occurred. A single storm event may contain up to 10 consecutive hours of no precipitation. A "measurable storm event" is a storm event that results in an actual discharge from the permitted site outfall. The previous measurable storm event must have been at least 72 hours prior. The 72-hour storm interval does not apply if the permittee is able to document that a shorter interval is representative for local storm events during the sampling period, and the permittee obtains approval from the local DWQ Regional Office. By this signature, I certify that this report is accurate and complete to the best of my knowledge: (Signature of Permittee or Designee) Page 1 of 2 SWU-242, Last modified 7/31/2013 1. Outfall Description: Outfall No. Structure (pipe, ditch, etc.) Receiving Stream: Describe the industrial activities that occur within the outfall drainage area: 2. Color: Describe the color of the discharge using basic colors (red, brown, blue, etc.) and tint (light, medium, dark) as descriptors: 3. Odor: Describe any distinct odors that the discharge may have (i.e., smells strongly of oil, weak chlorine odor, etc.): 4. Clarity: Choose the number which best describes the clarity of the discharge, where 1 is clear and 5 is very cloudy: 1 2 3 4 5 5. Floating Solids: Choose the number which best describes the amount of floating solids in the stormwater discharge, where 1 is no solids and 5 is the surface covered with floating solids: 1 2 3 4 5 6. Suspended Solids: Choose the number which best describes the amount of suspended solids in the stormwater discharge, where 1 is no solids and 5 is extremely muddy: 1 2 3 4 5 7. is there any foam in the stormwater discharge? Yes No 8. Is there an oil sheen in the stormwater discharge? Yes No 9. Is there evidence of erosion or deposition at the outfall? Yes 10. Other Obvious Indicators of Stormwater Pollution: List and describe No Note: Low clarity, high solids, and/or the presence of foam, oil sheen, or erosion/deposition may be indicative of pollutant exposure. These conditions warrant further investigation. Page 2 of 2 SwU-242, Last modified 7/31/2013 Georgoulias, Bethany From: Georgoulias, Bethany Sent: Thursday, October 29, 2015 11:02 AM To: stodd.mickleborough@thequartzcorp.com' Cc. Bennett, Bradley; Pickle, Ken Subject: NPDES General Permit NCG02 Renewal Update - Special Notification for NCG020716 Dear Mr. Mickleborough, We are writing to notify you that your facility will receive a paper renewal package for this permit instead of an email about renewing your Certificate of Coverage (COC) on-line for this mine site, covered under Certificate of Coverage No. NCG020716 (Pete Lawson Mine). We realize that you requested the on-line renewal option and have been waiting for those instructions and PIN to complete it. We wanted to get in touch about why you'll receive something different. Inspections and sampling by U.S. EPA Region 4 staff earlier this year at three industrial mineral mines in western NC have raised questions about whether this General Permit provides appropriate coverage for the discharges from similar types of mining and processing operations. We will renew your facility's coverage under the General Permit, but we will communicate special information with the renewal package. This site may need to apply for an individual NPDES permit in the future. Please be on the lookout for important correspondence from us in the coming weeks. Regards, The Stormwater Permitting Program Bethany Georgoulias Environmental Engineer Stormwater Permitting Program, Division of Energy, Mineral, and Land Rcsources N.C. Dcparlmctit of Environmental Quality 919 807 6372 office belltany.gcor oulias a,nedenr.�,ov 1612 Mail Service Center, Raleigh, NC 27699-1612 (mailing) 512 N. Salisbury Street, Raleigh, NC 27604 (location) Website: http://portal.ncdenr,org/web/Ir/stonnwater MEC.... Nothing Compares Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. ; AF NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P. E. John Skvada Governor Director Secretary February 13, 2013 Gregory Taveras The Quartz Corp, USA PO Box 309 Spruce Pine, NC 28777 Subject: NPDES General Permit NCG020000 Certificate of Coverage NCG020716 Pete Lawson Mine Mitchell County - Dear Mr. Taveras: Division personnel received your request to revise your stormwater permit Certificate of Coverage to accurately reflect your new company and/or facility name. Please find enclosed the revised Certificate of Coverage. The terms and conditions contained in the General Permit remain unchanged and in full effect. This revised Certificate of Coverage is issued under the requirements of North Carolina General Statutes 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency. If you have any questions, please contact the Stormwater Permitting Unit at 919-807-6300. Sincerely, ORIGINAL SIGNED B) KEN PICKLE for Charles Walcild, P.E. cc: Asheville Regional Office Central Files Stormwater Permitting Unit Wetlands and Stormwater Branch 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Localion: 512 N. Salisbury 5t. Raleigh, North Caroiina 27604 Phone. 919-807-63001 FAX: 91M07-64941 Customer Service: 1.877.623.6748 Internet: www,ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer One NorthCarolina ;Vatmoally STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG020000 CERTIFICATE OF COVERAGE No. NCGO20716 STORMWATER DISCHARGES NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted_by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, The Quartz Corp, USA is hereby authorized to discharge stormwater from a facility located at Pete Lawson Mine Thomas Rd Spruce Pine Asheville County to receiving waters designated as Gouges Creek, a class' WS-IV, TR, waters in the French Broad River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions sett forth in Parts 1, 11, III, IV, V and VI of General Permit No. NCG020000 as attached. This certificate of coverage shall became effective February 13, 2013. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed This day February 13, 2013. for ORIGINAL SIGNED Bl KEN PICKLE Charles Wakild, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Division of Water Quality / Surface Water Protection National Pollutant Discharge Elimination System NCDENR ��"u"°" PERMIT NAME/OWNERSHIP CHANGE FORM k_.:v r0»..rtx" are 4�tU-�- Ihri.w4e.0 FOR AGENCY USE ONLY Date Received Year Month Da I. Please enter the permit number for which the change is requested. NPDES Permit (or) Certificate of Coverage N 10 1 S 10 1 1 1 1 N C G 0 12 10 17 1 6 11. Permit status prior to requested change. a. Permit issued to (company name): THE FELDSPAR CORPORATION b. Person legally responsible for permit: GREGORY TAVERAS First MI Last OPERATIONS DIRECTOR Title P.O. BOX 309 Permit Holder Mailing Address SPRUCE PINE NC 28777 City state Zip (828) 765-8956 (828)765-6304 Phone Fax c. Facility name (discharge): PETE DAWSON MINE d. Facility address: GOUGES CREEK ROAD Address SPRUCE PINE NC 28777 City State Zip e. Facility contact person: 765-8956 828 DORTCH PEGGY { ) First I MI I Last Phone III. Please provide the following for the requested change (revised permit). a. Request for change is a result of: ❑ Change in ownership of the facility ® Name change of the facility or owner If other please explain: b. Permit issued to (company name): c. Person legally responsible for permit: FER G 35 2013 u f D NR - wAT niDUALITY] wetlarad51 S,nwatg. Branch d. Facility name (discharge): e. Facility address: f. Facility contact person: THE QUARTZ CORP., USA GREGORY TAVERAS First MI Last OPERATIONS DIRECTOR `title P.O. BOX 309 Permit Holder Mailing Address SPRUCE PINE NC 28777 City State Zip (828) 765-8956 x7012 Phone E-mail Address PETE LAWSON MINE THOMAS ROAD Address SPRUCE PINE NC 28777 Cn Slate Zip TODD WICKLEBOROUGH First MI Last (828) 467-6673 Phone t-mail Address IZ Revised 2012Apr23 r , ti NPDES PERMIT NAME/OWNERSHIP CHANGE FORM Page 2of2 IV. Permit contact information (if different from the person legally responsible for the permit) Permit contact: PEGGY A DORTCH First MI Last ENVIRONMENTAL MANAGER Title P.O. BOX 309 Mailing Address SPRUCE PINE NC 28777 City Slate Zip (828 )765-8956 peggy.dortch@thequartzcorp.com Phone E-mail Address Will the permitted facility continue to conduct the same industrial activities conducted prior V. to this ownership or name change? x❑ Yes ❑ No (please explain) V1. Required Items: THIS APPLICATION WILL. BE RETURNED UNPROCESSED IF ITEMS ARE INCOMPLETE OR MISSING: x❑ This completed application is required for both name change and/or ownership change requests. ❑ Legal documentation of the transfer of ownership (such as relevant pages of a contract deed, or a bill of sale) is required for an ownership change request. Articles of incorporation are not sufficient for an ownership change. The certifications below must be completed and signed by both the permit holder prior to the change, and the new applicant in the case of an ownership change request. For a name change request, the signed Applicant's Certification is sufficient. PERMITTEE CERTIFICATION (Permit holder prior to ownership change): 1, , attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application arenot completed and that if all required supporting information is not included., this application package will be returned as incomplete. APPLICANTCER 1, GREGattest that complete to the be t completed and th• returned as into c Signature FLCATION Date i' applica ' n for a name/ownership change has been reviewed and is accurate and �f�my kn edge.. I understand that if all required parts of this application are not all requ rcd supporting information is not included, this application package will be e. t4�� Ibg(a Siu ture Date PLEASE SEND THE COMPLETE APPLICATION PACKAGE TO: Division of Water Quality Surface Water Protection Section 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Revised 712008 t NORTH CAROLINA ' ' Department of The Secretary of State To all whom these presents shall come, Greetings: 19 • VJi l \ F . 1• 1f 1A1ti711r1JJiJ I V V Vl V L[i1 Y VL V LGLLV V L "1V kJ L{ hereby certify the following and hereto attached to be a true copy of ARTICLES OF MERGER OF THE QUARTZ CORP USA INTO K-T FELDSPAR CORPORATION WHICH CHANGED ITS NAME TO THE QUARTZ CORP USA . the original of which was filed in this office on the 13th day of December, 2012. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal at the City of Raleigh, this 13th day of December, 2012 Secretary of State Document Id: C201234802199 SOSID: 0073741 Date Filed: 121IR2012 4:45:00 PM Effective: 12I31/2012 Elaine F. Marshall North Carolina Secretary of State C201234802199 ARTICLES OF MERGER OF THE QUARTZ CORD USA (Parent Corporation) WITH AND INTO K-T FELDSPAR CORPORATION (Subsidiary Corporation) rursuant to ,i"Wn 1-U5 or the North Carolina Business Corporation Act, K-T Feldspar Corporation, a North Carolina corporation, as the surviving corporation, hereby submits the following Articles of Merger. I. The name of the merging corporation is The Quartz Corp USA, a corporation organized under the laws of the State of Delaware. 2. The name of the surviving corporation is K-T Feldspar Corporation, a corporation organized under the laws of the State of North Carolina. 3. An Agreement and Plan of Merger has been approved by each merging corporation in the manner required by law. 4. The Agreement and Plan of Merger provides that the surviving corporation will amend its Articles of Incorporation to change the name of the surviving corporation to "The Quartz Corp USA." 5. These Articles of Merger and the merger contemplated hereby shall be effective at 11:59 p.m. local time on December 31, 2012. ISignalure on jollorwingpage) LEGAL.oz33497108v3 I IN WITNESS WHEREOF, K-T Feldspar Corporation has caused this Certificate of Merger to be executed by a duly authorized officer this 13th day of December , 2012. LEGAL021334973080 K-T FELDSPAR CORPORATION By: usan S. Radcliffe -2. — Americas and Secretary NORTH'CAROLINA Department of The Secretary of State To all whom these presents shall come, Greetings: hereby certify the following and hereto attached to be a true copy of ARTICLES OF MERGER OF THE FELDSPAR CORPORATION INTO K-T FELDSPAR CORPORATION the original of which was filed in this office on the 13th day of December, 2012. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal at the City of Raieigh, this 13th day of December, 2012 Secretary of State Document Id: C201234802198 C201234802198 SOSID: 0073741 ` Date Filed: M13/2012 4:39:00 PM Effective: 12/31 /2012 Elaine F. Marshall North Carolina Secretary of State C201234802198 ARTICLES OF MERGER OF THE FELDSPAR CORPORATION (a North Carolina corporation) WITH AND INTO K-T FELDSPAR CORPORATION (a North Carolina corporation) Pursuant to Section 55-11-05 of the North Carolina Business Corporation Act, K-T Feldspar Corporation, a North Carolina corporation, as the surviving corporation, hereby submits the following Articles of Merger. 1. The name of the merging corporation is The Feldspar Corporation, a corporation organized under the laws of the State of North Carolina. 2. The name of the surviving corporation is K-T Feldspar Corporation, a corporation organized under the laws of the State of North Carolina. 1 An Agreement and Plan of Merger has been approved by each merging corporation in the manner required by law. 4. These Articles of Merger and the merger contemplated hereby shall be effective at 11:58 p.m. local time on December 31, 2012. [Signature on following page] LEQAL=3495517v3 ` C201234802198 L! .. IN WITNESS WHEREOF, K-T Feldspar Corporation has caused this Certificate of Merger to be executed by a duly authorized officer this _13Lh day of December , 2012. K-T FELDSPAR CORPORATION -2- LEG A LOIS34955 f 70 Vice President, Deputy General Counsel — Americas and Secretary F \N A 0 9pG Beverly Eaves Perdue, Governor r,1 Dce Freeman, Secretary >_ North Carolina Department of Environment and Natural Resources � Y COICCn If. Sullins, Director Division of Walcr Quality SURFACE WATER PROTECTION SECTION PERMIT NAME/OWNERSHIP CHANGE FORM I. Please enter the permit number for which the change is requested. NPDES Permit (or) Certificate of Coverage N G 0 0 N G G 0 2 Q 7 TTM II. Permit status 1Lior to requested change. a. Permit issued to (company name): The Feldspar Corporation b. Person legally responsible for permit: Gregory Taveras I-irst MI Last Operations Manatrer "Title 530 Altapass Road, P.O. Box 99 Permit I-Ioldcr Mailing Address Spruce Pine NC 28777 _ City State Zip (828) 765-9621 (828) 765-6304 Phone Fax c. Facility name (discharge): Pete Lawson Mine d. Facility address: Gouges Creek Road Address Spruce Pine NC 28777 City State Zip e. Facility contact person: Greg Taveras 828 765-9621 First / MI / Last Phone Ill. Please provide the foilowing for the requested change (revised permit). a. Request for change is a result of: X Change in ownership of the facility ❑ Name change of the facility or owner If other please explain: Change Owner from Imerys USA, Inc to The Quartz Corp USA b. Permit issued to (company name): The Feldspar Corporation c. Person legally responsible for permit: Gregory Taveras First M I Last MAY 0 4 2011 POINT SOURCE BRANCH US Operations Director 'title 530 Alta ass Road, P.O. Box 99 Permit Holder Mailing Address Spruce Pine NC 28777 City State Zip (828) 765-9621 Greg.taveras crthequartzcorp.eom Phone E-mail Address d. Facility name (discharge): Pete Lawson Mine e. Facility address: Gouges Creek Road Address Spruce Pine NC 28777 City State Zip f. Facility contact person: Todd Mickieborough _ First Nil Last (828) 765-5500 Stodd.mickleborough crtliequartzcorp.coni Phone I: -mail Address Revised 812008 PERMIT NAME/OWNERSHIP CHANGE FORM Page 2 of 2 1V. Permit contact information (ii different from the person legally responsible for the permit) Permit contact: Peggy A Dorich First MI kasl Environmental Manager Tille P.O. Box 309 Mailing Address Spruce Pine NC 28777 City State Zip (828) 765-8956 Peggy.dortch cat Phone F-mail Address V. Will the permitted facility continue to conduct the same industrial activities conducted prior to this ownership or name change`! X Yes ❑ No (please explain) V1. Required Items: THIS APPLICATION WILL BE RETURNED UNPROCESSED IF ITEMS ARE INCOMPLETE OR MISSING: X This completed application is required for both name change and/or ownership change requests. X Legal documentation of the transfer of ownership (such as relevant pages of a contract deed, or a bill of sale) is required for an ownership change request. Articles of incorporation arc not sufficient for an ownership change. The certifications below must be completed and signed by both the permit holder prior to the change, and the new applicant in the case of an ownership change request. For a name change request, the signed Applicant's Certification is sufficient. PERMITTEE CERTIFICATION (Permit holder prior to ownership change): 1, Grego TavoAs, attest that this application for a name/ownership change has been reviewed and is accurate and complete o the best of my knowledge. I understand that if all. required parts of this application are not completed al hat if 11 required supporting; information is not included, this application package will be returned as on : . Signature ?—,9—/ Date APPDICANT CERTIFICATION I, Gre wr y Taveras attest that this application for a name/ownership change has been reviewed and is accurate and complete to e/b/alre ny knowledge. I understand that if all required parts of this application are not completed and UiFquired supporting information is not included, this application package will be returned as in mnlet armature Date PLEASE SEND THE COMPLETE APPLICATION PACKAGE TO: Division of Water Quality Surface Water Protection Section 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Revised 712008 THE QUARTZ' CORP Spruce Pine Operations The Feldspar Corporation & K T Feldspar Corporation DELEGATION OF AUTHORITY April 1: 2011 Signature Authorization For National Pollutant Discharge Elimination System (NPDES) Discharge Monitoring Reports (DMR's), Permit Applications And Related Documents; For All Mine Permit Applications and Related Documents, And All Other Permits and Licenses Associated With Spruce Pine Feldspar Operations Whereas our NPDES permits, Radioactive Materials Licenses and our Land Quality permit requirements have become more involved, and to better manage these requirements, as of the signature date below, the following employees, or employees who may subsequently hold the same positions, are authorized agents of the principle executive officer to sign the NPDES and Land Quality mine permit renewal and modification applications and related documents. Employees registered as the Operator in Responsible Charge (ORC) pursuant to North Carolina State Regulations (I 5a NCAC 8g) are specifically authorized by rule to sign NPDES Discharge Monitoring Reports (DMR's). This delegation of authority applies to The Feldspar Corporation and K-T Feldspar Corporation raining and production operations in and related to S rsece Pine NC. � ;"a- .r ;;Pei t it�Autiioriti „ _ + 4.. 4 erator5iri'Res onsible.Cliar e'. ORC)�Adtlio6t Greg Taveras — U.S, Operations Manager Eddie Duncan — ORC for KT Feldspar S. Todd Miekleborough —Mining Engineer, Spruce Danny 'Thomas — Backup ORC for KT Feldspar Pine Operations Glenn Young — Feldspar Production Manager, K-T Tim Calloway — ORC for The Feldspar Corporation Fells ar Jerry Prosser — Feldspar Production Manager. The Joe Pittman —Backup ORC for The Feldspar Fells xrr Car porotion Corporation Peggy Dor•tch — Environmental Manager, Spruce Pine Operations Jeff Stoll — Health & Sgpty Manager RSO Authority for KT Feldspar and The Felchl"r Car ratio Witness ` , 1 . l i Date Dad ✓� STOCK PURCHASE AGRELM_ENT THIS STOCK PURCHASE AGREEMENT (this "A re_g ement") is dated as of March J i, 2011, by and between Imerys USA, Inc., a Delaware corporation ("Seller"),, and The Quartz Corp USA, a Delaware corporation ("Purchaser".). WHEREAS, Seiler and Mircal S.A. ("Mircal") are related entities within the larger Imerys group of companies; WHEREAS, Seller owns 100% of the shares (the "Shares") of both The Feldspar Corporation, a North Carolina corporation (' C"), and K-T Feldspar Corporation; a North Carolina corporation ("K-T") (collectively, the "Purchased Entities"), both of which are a part of the Imerys quartz business; WHEREAS, Mircal has entered into that certain Master Agreement dated December 23, 2010 (the "Master Agreement") with Norsk Mineral A.S. ("Norsk"), pursuant to Which .(a) MircaFs affiliate Imerys USA, Inc. has agreed to transfer the shares of the?urchased..Entities to The Quartz Corp USA, a company owned by The Quartz Corp SAS and (b) Norsk has.agreed to transfer the shares of certain subsidiaries to The Quartz Corp SAS; WHEREAS, pursuant to the Master Agreement and, in order to consummate the transactions contemplated thereby, Seller desire_ s to sell to Purchaser, and _ Purchaser desires to purchase from Seller, the Shares; and WHEREAS, capitalized terms used herein but not otherwise defined herein shall' havelhe meaning ascribed to such terms in the Master Agreement. NOW THEREFORE, pursuant to the Master Agreement and in consideration of the purchase price, mutual agreements set forth below and othergood and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties -agree as follows: 1. Sale of Shares. (a) Transfer of Shares. Seiler agrees to sell, transfer, assign and deliver the Shares to Purchaser on the Closing Date. (b) Consideration. Upon the execution of this Agreement acid as the sole and exclusive consideration for the We of the Shares, Purchaser agrees to pay. to Seller $12,000,000.00 for the shares of K-T and $18,000,000.00 for the shares of TFC; for an aggregate purchase price of $30,000,000.00, by wire transfer of immediately available U.S. Dollars on -the Closing Date. 2. The Closing. (a) Closing Date. The purchase and sale of the Shares shall take place on the Closing Date. LEGAt.(1 2"2357v8 1 (b) Deliveries. On the Closing Date, Seller shall deliver to Purchaser, or shall caused to be delivered to Purcbaser, the following: W original stock certificates representing the Shares executed for transfer or accompanied by executed stock powers; (ii) all company books, stock transfer records; corporate seals, certificate of incorporation and other corporate and shareholder records (all of which shall be up- to-date) of both of the Purchased Entities; (iii) unconditional resignation letters, effective on the Closing Date, from all the directors of the Purchased Entities; (iv) evidence with regard to the transactions contemplated by the Master. Agreement that, in accordance with applicable labor laws, all required consultation procedures have been duly carried out at the local level; (v) a list of all bank accounts and names of all persons having signature authority over any such account and a list of the names of each person or entity holding a proxy, general or special power of attorney, or other similar instrument from the Purchased Entities; and (vi) an assignment document assigning the lmerys Excluded 'Quartz Assets and Liabilities from the Purchased Entities to Seller. (c) Excluded Assets and Liabilities_ Pursuant to the>Master Agreement, Seller shall not sell and Purchaser shall not purchase or acquire and Purchaser shall not assume or become liable for -any assets or liabilities, as the case may be, contained in the.Ifiierys Excluded Quartz Assets and Liabilities. 3. R resentations and Warranties. (a) By Seller, Seller hereby represents and warrants to Purchaser as follows: (i) Seller. is the record and beneficial owner of the Shares. The, Shares represent 100% of the outstanding capital stock of the Purchased �Entities,,and.-represent all of Seller's right, title and interest in the Purchased Entities_ Seller hasgdod and rnarketable� title to the Shares and the absolute right to transfer the Shares to Purchaser and such Shares; upon transfer -to Purchaser, will be free and clear of all claims, liens, pledges, restrictions or encumbrances of any nature whatsoever. (ii) Seller has the power and authority to execute and deliver this Agreement and to consummate the transactions contemplated by this Agreement; and this Agreement is valid and binding upon and enforceable against Seller in accordance with its terms. -2- LFGAL02132442357v8 (b) By Purchaser. Purchaser hereby represents and warrants to Seller as follows: W Purchaser has the power and authority to execute and deliver this Agreement and to consummate the transactions contemplated by this Agreement; and this Agreement is valid and binding upon and enforceable against Purchaser in accordance with its terms. (ii) Purchaser is acquiring the Shares for its own account, with the intention of holding the Shares for investment and with no present intention of dividing or allowing others to participate in this investment or of reselling or otherwise paradipating, directly or indirectly, in a distribution of the Shares; and it will not make any sale, transfer or other disposition of the Shares without registration under the Securities Act of 1933, as amended (the "Securities Act"), and any state securities laws unless an exemption from registration is available under the Securities Act and any state securities laws. 4. GoodFaith_Efforts. further Assurances,. Cooperation. Seller.and Purchaser shall in good faith undertake to perform thew obligations.in this Agreeirtent and;cause.the transactions contemplated in this Agreement to be carried out promptly in accordance with the terms -of this Agreement. Upon the execution of this Agreement -and thereafter, each party shall promptly, execute such documents and other instruments and take such further actions as may, be reasonably requested by the other party in order more effectively to consummate -or to document the transactions contemplated by this Agreement. 5. Miscellaneous. (a) Effective Date. Notwithstanding the date first above written, Mircal' and Norsk have agreed, pursuant to Section -3.1 of the Master Agreement, that for accounting and financial purposes, the transactions contemplated by this Agreement shall be deemed to be effective as of January 1, 2011. (b) Master Agreement. Nothing contained in this Agreementshall be deemed to supersede, diminish, enlarge on or modify any provision or any obligations, agreements, covenants or representations and warranties of Mircal or Norsk contained in the Master Agreement (all of which survive the execution and delivery of this Agreement as.provided, and subject to the limitations set forth, in the Master Agreement). if any conflict.,exists between the terms of this Agreement and the Master Agreement, then the terms of the Master Agreement shall govern and control. (c) Survival, All the covenants, provisions, agreements, representations and warranties provided by this Agreement shall survive the execution and delivery of this Agreement and all of the transactions contemplated hereby. (d) Assiamen. This Agreement may not be assigned or delegated by any party without the prior written consent of the other. -3- LEGALO' M442357v& (e) Entire Agreement. Ibis Agreement constitutes the entire agreement of the parties with respect to the matters set forth in this Agreement and supersedes any prior understanding or agreement, oral or written, with respect to such matters- (f) Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective permitted successors and assigns. (g) Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be an original, and all such counterparts shall constitute one and the same Agreement, binding 'on all the parties notwithstanding that all the parties are not signatories to the same counterpart. [Signatures on following page] -4- LEGALA'_M4433514 IN WITNESS WHEREOF, the parties have caused this Stock Purchase Agreement to be executed as of the date first written above. SELLER: Im+ PURCHASER: The Quartz orp USA By: Name: Title: V r LEGALM2442357A cN�c.c CONTOUR 0404t NTAL, LLC SPu F�� Environmental and Natural Resource Consulting Services REPORT OF WETLAND DELINEATION PETE LAWSON MINE SITE SOUTHEASTERN PORTION West of Gouges Creek and Gouges Creek Road Spruce Pine, Mitchell County, North Carolina Project Number: CE07FSC:01 Prepared For: THE FELDSPAR CORPORATION 530 Altapass Road (P.O. Box 99) Spruce Pine, North Carolina 28777 Submitted To: UNITED STATES ARMY CORPS OF ENGINEERS Regulatory Branch, Wilmington District Asheville Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 Prepared By: CONTOUR ENVIRONMENTAL, LLC 1955 Vaughn Road, Suite 101 Kennesaw, Georgia 30144 August 15, 2007 1955 Vaughn Road, Suite 101 - Kennesaw, GA 30144 • Phone: (770) 794-0266 — Fax: (770) 794-9483 Environmental and Natural Resource Consulting Services August 15, 2007 Mr. Jerry Prosser The Feldspar Corporation 530 Altapass Road P.O. Box 99 Spruce Pine, North Carolina 28777 RE: Report of Jurisdictional Wetland/Water Delineation Pete Lawson Mine Site — Southeastern Portion Gouges Creek Road Spruce Pine, Mitchell County, North Carolina Project No: CE07FSC:01 Dear Mr. Prosser, Contour Environmental, LLC has completed the authorized Jurisdictional Wetland/Waters Delineation on the above referenced site. This report briefly summarizes the findings, conclusions, and recommendations of this delineation. GENERAL SITE DESCRIPTION: The Pete Lawson Mine site property consists of approximately f/- 225 acres located west of Gouges Creek and Gouges Creek Road. The area of focus for the delineation was the southeastern portion of the site. The site property is located outside the city limits of Spruce Pine, Mitchell County, North Carolina. Latitude: N 350 56' 49" Longitude: W 82' 3' 6". 2-- 9�{09 Q ; . 651-7 The area of focus currently consists of undeveloped, overgrown vegetated/wooded land. Several unimproved roads traverse throughout the site property. It is evident that the portions of site property has previously been timbered/logged. No buildings or 1955 Vaughn Road, Suite 101 - Kennesaw, GA 30144 • Phone: (770) 794-0266 — Fax: (770) 794-9483 Report of Jurisdictional wetlandlwater Delineation August 15, 2007 Pete Lawson Mine Site — Southeastern Portion Contour Proiect: CE07FSC:01 structures are located on the focus area. The site is overgrown and dominated by mountain laurel (Kalmia latifolia), tulip poplar (Liriodendron tulpifera), sweet gum (Lliquidambar styraciflua), white pine (Pines strobus), Carolina hemlock (Tsuga caroliniana), and black locust (Robinia pseudoacacia) growth. Two (2) stream systems originate in the south-central portion of the site and generally flow in an easterly direction. These drainage features flow off -site and eventually form a confluence with Gouges Creek. The drainage features potentially meet federal regulatory authority under Section 404 of the Clean Water Act (CWA), emphasis of this delineation was placed in this area. A Site Location map, depicted on the United States Geological Survey (USGS) "Spruce Pine, North Carolina" topographic quadrangle, is attached as Figure 1. AVAILABLE MAP REVIEW: Based on review of a topographic survey provided by the client and the USGS "Spruce Pine, North Carolina" topographic quadrangle map, the topographic highpoint is located in the northwestern portion of overall mine site at approximately 3,712 feet above mean sea level (amsl). Elevations range from approximately 3,712 feet in the northwestern corner of the site to approximately 2,850 feet in the eastern portion of the site. Based on surficial topography and site observations, groundwater in the area of focus is inferred to generally flow in an easterly direction. According to the USGS topographic map "Spruce Pine, North Carolina", no blue -line streams are depicted within the property boundaries of the site property. Gouges Creek is depicted as a blue -line stream located approximately 200 feet east of the overall mine site. According to the Department of Interior (DOI) National Wetland Inventory (NWI) Map (Spruce Pine, North Carolina), no drainage features are depicted within the property boundaries of the overall mine site. The NWI map is attached as Figure 4. According to the FEMA Flood Zone Map (Panel Number: 130451 0375 C), the majority of the site property is within Zone X. Zone X is defined as areas determined to be outside the 500-year flood plain. The FEMA map is attached as Figure 5. According to soils information the U.S. Department of Agriculture Natural Resource Conservation Service (NRCS) website (http:/iwebsoilsurvey.nres.usda.gov/apt), soils located at the site consists of Cashiers sandy loam (CaE and CaF); Chandler-Micavil Ie complex (CeD, CeE, and CeF), Cullasaja cobbly fine sandy loam (CsD), Dillsboro clay 2 ff 2 • Report of Jurisdictional WetlandMMter Delineation August 15, 2007 Pete Lawson Mine Site — Southeastern Portion Contour Pro'ect: CE07FSC:01 loam (DrC), Saunook-Thunder complex (SaB, ScC, SdD, TsC, TsD, and TsE), Udorthents (Un), and Watauga sandy loam (WgC and WgD). These soils are described as follows: a The Cashiers series consists of very deep, well drained soils on cooler, north to east facing or shaded ridges and side slopes in the Blue Ridge (MLRA 130). They formed in residuum that is affected by soil creep in the upper part, and are weathered from high-grade metamorphic rocks high in mica such as mica schist and mica gneiss. Slope ranges from 8 to 95 percent. Near the type location, mean annual precipitation is about 80 inches and mean annual air temperature is about 55 degrees F. Taxonomic class: Fine -loamy, micaceous, mesic Typic Dystrudepts. u The Chandler series consists of very deep, somewhat excessively drained soils on gently sloping to very steep ridges and side slopes in the Blue Ridge (MLRA 130). Slopes are 2 to 95 percent. They formed in residuum that is affected by soil creep in the upper part, and weathered from high-grade metamorphic rocks high in mica content such as mica gneiss, mica schist, and pegmatite . Near the type location mean annual air temperature is about 56 degrees, and mean annual precipitation is about 64 inches. Taxonomic class: Coarse -loamy, micaceous, mesic Typic Dystrudepts. u The Cullasaia series consists of very deep, well drained soils on benches, toe slopes, foot slopes, drainageways, and fans in coves in the Blue Ridge (MLRA 130). They formed in colluvium derived from materials weathered from felsic to mafic high-grade metamorphic and igneous rocks such as granite, mica gneiss, hornblende gneiss, and schist. Near the type location, mean annual air temperature is about 52 degrees F., and mean annual precipitation is about 70 inches. Slope ranges from 8 to 95 percent. Taxonomic class: Loamy -skeletal, isotic, mesic Humic Dystrudepts. u The Dillsboro series consists of very deep, well drained, moderately permeable soils on high stream terraces and colluvial fans in the Blue Ridge (MLRA 130). They formed from old alluvium and/or colluvium derived from materials weathered from felsic to mafic, igneous and high-grade metamorphic rocks. Near the type location, mean annual air temperature is about 56 degrees F., and mean annual precipitation is about 49 inches. Slope ranges from 2 to 50 percent. Taxonomic class: Fine, mixed, active, mesic Humic Hapiudults. 3 Retort of Jurisdictional WetlandANater Delineation August 15. 2007 Pete Lawson Mine Site — Southeastern Portion Contour Project: CE07FSC701 ❑ The Micaville series consists of deep, somewhat excessively drained soils with moderately rapid permeability. They formed in residuum affected by soil creep in the upper part, weathered from high-grade metamorphic rocks having a high mica content such as mica gneiss, mica schist and pegmatite. These soils are on ridges and side slopes in the Blue Ridge (MLRA 130). Slope ranges from 8 to 95 percent. Mean annual precipitation is about 57 inches and mean annual air temperature is about 52 degrees F., near the type location. Taxonomic class: Coarse -loamy, micaceous, mesic Typic Dystrudepts. ❑ The Saunook series consists of very deep, well drained, moderately permeable soils on benches, fans, and toe slopes in coves in the Blue Ridge (MLRA 130). They formed in colluvium derived from materials weathered from felsic to mafic, igneous and high-grade metamorphic rocks. Slope ranges from 2 to 60 percent. Near the type location, mean annual temperature is 53 degrees F., and mean annual precipitation is 55 inches. Taxonomic class: Fine -loamy, mixed, superactive, mesic Humic Hapludults. ❑ The Thunder series consists of very deep, well drained, moderately rapid permeable soils on colluvial toe slopes, in drainageways and in coves. They formed in rocky colluvium from granite, hornblende gneiss, amphibolite or dioritein the central and southern Blue Ridge. Slopes range from 2 to 80 percent. Mean annual air temperature is 55 degrees F. Mean annual precipitation is 49 inches. Taxonomic class: Loamy -skeletal, mixed, active, mesic Humic Hapludults. ❑ The Watauga series consists of very deep, well drained soils on gently sloping to very steep ridges and side slopes of the Blue Ridge (MLRA 130). Slope ranges from 2 to 50 percent. They formed in residuum that is affected by soil creep in the upper part, and is weathered from high-grade metamorphic rocks that are high in mica content such as mica gneiss and mica schist. Mean annual air temperature is about 52 degrees F., and mean annual precipitation is about 52 inches near the type location. Taxonomic class: Fine -loamy, paramicaceous, mesic Typic Hapludults. a No information regarding the Udorthents soils was available. Of the soils series listed for the site property, the Dillsboro, Saunook, Thunder and Udorthents series are units that have hydric inclusions. However, none of the soils are 4 i Report of Jurisdictional WetlandfWater Delineation August 15, 2007 Pete Lawson Mine Site — Southeastern Portion Contour_ Project: CE07FSC:01 depicted within the focus area of the site. The remaining soils are not listed as being hydric on the Hydric Soils List for North Carolina. A Soils Map is attached as Figure 6_ FIELD DELINEATION PROCEDURES: The purpose of this delineation was to identify on -site jurisdictional wetlands/waters of the U.S. or State Waters, which are subject to federal permitting authority under Section 404 of the Clean Water Act (CWA). Contour personnel, in order to assess the site property for potential wetlands and waters of the U.S, as defined in the 1987 Corps of Engineers Wetland Delineation Manual, utilized the Routine Wetland Determination, Level 2 methodology, as well as observing the North Carolina Wetland Assessment Method (NC WAM) and Identifications Methods for the Origins of Intermittent and Perennial Streams used by the North Carolina Division of Water Quality (NC DWQ). The wetland delineation fieldwork was conducted in mid August 2007. Copies of representative USACE data point forms are attached as Appendix B. Copies of representative NC DWQ stream identification forms are attached as Appendix C. We should note that per request of The Feldspar Corporation, the northern, western, central portions, and property located east of Gouges Creek Road (which includes Gouges Creek) of the Pete Lawson Mine property were not delineated during this assessment. The exclusive area of focus for the delineation was the southeastern portion of the site. FEDERAL REGULATORY INFORMATION OVERVIEW: The objective of the Clean Water Act (CWA) is to restore and maintain the chemical, physical, and biological integrity of the nation's waters. Section 404 of the CWA specifically prohibits the discharge of dredged or fill material into waters of the U.S. (including wetlands, surface water bodies, and drainage channels) without USACE authorization. The discharge of soil and other fill materials, riprap, backfill, dredged material, or other such material into jurisdictional areas requires a permit pursuant to Section 404 of the CWA. An integral part of the USACE regulatory program is the concept of general permits for minor activities within waters of the United States, including wetlands. General permits are designed to relieve some of the administrative burden associated with permit processing for both the applicant and regulatory agencies. These permits are based on 5 Report of Jurisdictional WetlandlWater Delineation August 15, 2007 Pete Lawson Mine Site — Southeastern Portion Contour Pro'ect: CE07FSC:01 site -specific activity and/or project location. Nationwide permits (NWPs) are a form of general permits issued by the USACE and are commonly used throughout the United States. If conditions that qualify an activity for authorization under one of the several NWPs are met, the specified activity may be able to proceed without a complex Individual Section 404 Permit (IP) or Regional Permit (RP). For certain NWPs, Pre -Construction Notification (PCN) is required. The PCN process requires the applicant to submit project information to the USACE, including a delineation of jurisdictional boundaries for wetlands and other waters of the U.S., amount of jurisdictional area to be impacted, and background information. The PCN process is designed to be a 45-day review and natural resource agency comment solicitation period. After the review period, a response as to whether the permit is granted or denied is issued by the USACE. FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS: The following describes jurisdictional wetlands/waters of the U.S. that were identified and delineated on the site by Contour and subsequently field -located using a Trimble GPS GeoXH rover unit: AREA 1: Consists of a stream complex located in the east -central portion of the focus area. The main component of this system consists of perennial, relatively permanent, non -navigable water. The perennial stream drains in an easterly direction, moderately meandering off -site and eventually forming a confluence with Gouges Creek. The width of the stream channel averages approximately ten (10) to thirty (30) inches and the depth of the channel from the ordinary high water mark (OHWM) averages approximately three (3) to ten (10) inches. The stream channel substrate sorting is apparent containing primarily sand and gravel with some moderate sandy point bar development along small meander bends. The stream channel has moderately incised channel banks. Portions of the stream channel in the southern reaches have been compromised due to previous logging activities. The upper limits of the perennial stream consists of five (5) intermittent reaches. The five (5) intermittent streams originate on -site and flows into the perennial stream complex within the focus area. The following table describes each onsite area delineated by Contour in AREA 1: 6 Report of Jurisdictional WetlandNVater Delineation August 15, 2007 Pete Lawson Mine Site - Southeastern Portion Contour _Proieot: GE07FSCV .. iairt1RE � ACRESISQ6ilAE FEET ' _: 'LIINEAR"FEET Perennial Stream NIA +!- 1,152 Intermittent Stream N/A +1- 2,11S NIA + NOT APPLICABLE AREA 2: Consists of a stream complex located in the southeastern portion of the focus area. The main component of this system consists of perennial, relatively permanent, non-navigabie water. The perennial stream drains in an easterly direction, weakly meandering off -site and eventually forming a confluence with Gouges Creek. The width of the stream channel averages approximately ten (10) to twenty (20) inches and the depth of the channel from the ordinary high water mark (OHWM) averages approximately three (3) to six (6) inches. The stream channel substrate sorting is apparent containing primarily sand and gravel with some moderate sandy point bar development along small meander bends. The stream channel has weakly incised channel banks. Portions of the stream channel in the upper reaches have been compromised due to previous fogging activities. The upper limits of the perennial stream consists of four (4) intermittent reaches. The four (4) intermittent streams originate on -site and flows into the perennial stream complex within the focus area. M Report of Jurisdictional Wetland/Water Delineation August 15, 2007 Pete Lawson Mine Site — Southeastern Portion Contour Pro'ect: CE07FSC:01 The following table describes each onsite area delineated by Contour in AREA 2: FEATUREa ACRESISQUARE FEET,'.. LINEAR;FEET,,,, Perennial Stream 1 NIA 1 +1- 766 Intermittent Stream I NIA 1 +1- 451 'MOTES: WA - NOT APPLICABLE AREA 3: Consists of a stream complex located south of the focus area. The majority of the drainage system is offsite of the overall mine site and focus area. The main component of this system consists of perennial, relatively permanent, non -navigable water. The perennial stream drains in an easterly direction, weakly meandering off -site and eventually forming a confluence with Gouges Creek. The width of the stream channel averages approximately ten (10) to twenty (20) inches and the depth of the channel from the ordinary high water mark (OHWM) averages approximately three (3) to six (6) inches. The stream channel substrate sorting is apparent containing primarily sand and gravel with some moderate sandy point bar development along small meander bends. The stream channel has moderately incised channel banks. The upper limits of the perennial stream consists of two (2) intermittent reaches and one (1) ephemeral channel. However, only the ephemeral channel originates on -site within the focus area and flows off -site and drains into the perennial stream complex off of the site property. y� I AW-A—M� Report of Jurisdictional WetlandlWater Delineation August 15, 2007 Pete Lawson Mine Site — Southeastern Portion Contour Proieot: CE07FSC:01 The following table describes each onsite area delineated by Contour in AREA 3: FEATURE ACRES/SQUARE.FEET LINEAkTEET Ephemeral Channel I NIA 1 +1- 138 -NOTF,s: NIA - NOT APPLICABLE Please refer to the attached Wetland Boundary Map (Figure 2) for the approximate location, dimension, and size of the drainage features delineated on the site by Contour. Waters indicated on this plan have been delineated and, for planning purposes, mapped with a GPS unit (designed to have up to sub -meter accuracy). This accuracy of field location of waters is sufficient to comply with U.S. Army Corps of Engineers requirements for regulatory verification. However, traditional field surveying may be necessary for the final planning and engineering process. The on -site drainage features constitute waters of the U.S. and therefore would be subject federal permitting authority under Section 404 of the Clean Water Act (CWA), if altered/impacted. In addition, the stream channels could also require buffer set -backs as regulated by the NC DWQ. Please be advised that a state buffer variance, required for activities encroaching into the vegetated buffer adjacent to streams within the state is not a Federal Section 404 permit, regulated by the USACE. The state buffer variance is an entirely separate process from that with the USACE. Likewise, a Section 404 permit is not a permit to encroach within the state -protected stream buffer, and receipt of a Section 404 permit does not make a buffer variance easier to obtain. During the plan routing process through the legal issuing authority, you may have been informed whether a stream buffer variance would be required for your project. Local agency representatives are typically the primary point of contact for final jurisdictional state waters determination as indicated in any formal guidance they may provide you during their site inspection. Therefore, we suggest submitting the enclosed materials in a request for jurisdictional determination (JD) to the USACE in order to best safeguard that any future site 9 Ns- Report of Jurisdictional Wetland/Water Delineation August 15, 2007 Pete Lawson Mine Site - southeastern Portion _ _ ... Contour Project: CE07FSCV development will have the benefit of a final appraisal of the extent of regulated features present on the project property. rim irski 1"1rem We appreciate the opportunity to provide our Natural Resource Consulting services to The Feldspar Corporation. If you have any questions regarding this report or if we may be of further service to you, please call our office at (770) 794-0266. Sincerely, CONTOUR ENVIRONMENTAL, LLC c�- Chris C. Brookshire adam 4hite Senior Ecologist Senior Biologist Enclosure: Report of Jurisdictional Wetland/Water Delineation (Addressee Copies: 3) Attachments: Figure 1: Site Location Map Figure 2: Wetland Boundary Map Figure 3: Aerial Photograph Figure 4. National Wetland inventory (NWI) Map Figure 5: F.E.M.A. Flood Insurance Rate Map Figure 6: Soils Information Appendix A: Site Photographs Appendix B: Data Point Forms Appendix C: NC DWQ Stream Identification Forms Appendix D: USACE Request Form 10 Elm Soil Map -Mitchell County, North Carolina Map Unit Legend Mitchell County, North Carolina (NC121) Map Unit Symbol Map Unit Name Acres In AOI Percent of A01 CaE Cashiers sandy loam, 30 to 50 3.2 0.9% percent slopes, stony CaF Cashiers sandy loam, 50 to 95 28.4 8A% percent slopes, stony CeD Chandler-Micaville complex, 15 23.6 6.9% to 30 percent slopes, stony CeE Chandler-Micaville complex, 30 52.4 15.4% to 50 percent slopes. stony CeF Chandler-Micaville complex, 50 113.9 33.5% to 95 percent slopes, stony CsD Cullasaja cobbty line sandy 0.4 0 1%' loam, 8 to 30 percent slopes, very bouldery DrC Dillsboro clay loam, 8 to 15 7.7 2.3% percent slopes, stony Sae Saunook sill loam, 2 to 8 23.7 7.0% percent slopes ScC Saunook silt loam, 8 to 15 1.3 0.4% percent slopes, stony SOD Saunook-Thunder complex, 15 0.5 0.1% to 30 percent slopes, stony TsC Thunder-Saunook complex, 8 2.9 0.9% to 15 percent slopes, very bouldery, TsD Thunder-Saunook complex, 15 47.2 13 9% to 30 percent slopes, very bouldery TsE Thunder-Saunook complex. 30 6.1 1.8% to 50 percent slopes, very bouldery Un Udorthents, loamy, stony 7.1 2.1% WgC Watauga sandy loam, 8 to 15 2.6 0.8% percent slopes, stony WgD Watauga sandy loam, 15 to 30 18.6 5.5% percent slopes, stony Totals for Area of Interest (A01) } 339,5 100.0% USDA Natural Resources Web Soil Survey 2.0 7/30/2007 am Conservation Service National Cooperative Soil Survey Page 3 of 3 Hydric Soils Mitchell County, North Carolina Map symbol and Component Percent of map Landform Hydric Hydric map unit name unit rating criteria BdA: Bandana sandy loam, 0 to 3 percent Ela, undrained 5 Depressions, Flood Yes 283 slopes, occasionally flooded plains B mA: Biltmore sand, 0 to 3 percent slopes, Toxaway, undrained 5 Depressions, Flood Yes 283 frequently flooded plains Dek Dellwood-Reddies complex, 0 to 3 Ela, undrained 5 Depressions, Flood Yes 2B3 percent slopes, occasionally flooded plains Do13: Dillsboro clay loam, 2 to 8 percent Hemphill, undrained 5 Depressions, Stream Yes 2133 slopes terraces Rok Rosman fine sandy loam, 0 to 3 Toxaway, undrained 5 Depressions, Flood Yes 283 percent slopes, occasionally flooded plains TSB: Thunder-Saunook complex, 2 to 8 Ela, undrained 2 Depressions, Yes 2B3 percent slopes, very bouldery Drainageways Un: Udorthents, loamy, stony Aquents 3 Depressions, Flood Yes 283 plains Explanation of hydric criteria codes: 1. All Histels except for Folistels, and Histosols except for Folists. 2. Soils in Aquic suborders, great groups, or subgroups, Albolls suborder, Historthels great group, Histoturbels great group, Pachic subgroups, or Cumulic subgroups that: A. are somewhat poorly drained and have a water table at the surface (0.0 feet) during the growing season, or B, are poorly drained or very poorly drained and have either: 1.) a water table at the surface (0.0 feet) during the growing season if textures are coarse sand, sand, or fine sand in all layers within a depth of 20 inches, or 2.) a water table at a depth of 0.5 foot or less during the growing season if permeability is equal to or greater than 6.0 inlhr in all layers within a depth of 20 inches, or 3.) a water table at a depth of 1.0 foot or less during the growing season if permeability is less than 6.0 inlhr in any layer within a depth of 20 inches. 3. Soils that are frequently ponded for long or very long duration during the growing season. 4. Soils that are frequently flooded for long or very long duration during the growing season. USDA Natural Resources Tabular Data Version: 4 Conservation Service Tabular Data Version Date: 01/19/2007 Page 1 of 1 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) VEGETATION Dominant Ptanl Spices Stratum Indicator Dominant Plant Species Stratum Indicator­ Kalmia laliifolia T. SIS FACU a ­L 2 Liriodendron tut itera T FAC 9 3 Li uidambar at raciflua T FAC+ 10 4 Pinus slobus T FACU 11 5 Tsu a Carolinians T FACU 12 6 rtnhinie pqcudoacacia S!S UPLAND 13 7 1 14 Percent of Dominant Species that are OBL, FACW or FAG {excluding FAC-y. 33% Remarks: DPA does not satisfy the hydrophytic vegetation parameter. HYDROLOGY ❑ Recorded Data (describe in Remarks) Wetland Hydrology Indicators: ❑ Stream, Lake, or Tide Gauge ❑ Aerial Photographs Prima ❑ Indicators. Inundated Secondary Indicators (2 or more required): ❑ Oxidized Root Channels in Upper 12" ElOther ElSaturated in Upper 12 inches ❑ Water -Stained Leaves ® No recorded data available ❑ Water Marks Drift Lines ❑ ❑ Local Soil Survey Data FAC-Neutral Test Field Observations: Depth of Surface Water: NONE (In.) ❑ Sediment Deposits ❑ Other (explain in remarks) Depth to Free Water in Pit: NONE Depth to Saturated Soil: NONE (In.) (In.) ❑ Drainage Pattems in Wetlands Remarks: DP-1 does not satisfy the hydrology parameter. SOILS Map Unit Name (Series and Phase): Taxonomy (Subgroup): Watauga Typic Ha ludults Drainage Class: WELL Circle Field Observations Confirm Mapped Type? Yes No Profile Descri Gon Depth inches Horizon Matrix Color Munsell Moist Mettle Colors Munsell Moist Mottle Abundance! Size/Contrast TeKiure, Conereliens, Sln,clure, etc. 0-7 A 10YR 413 LOAM 7-12 AS 7,5YR 516 LOAM H dric Soil Indicators: ❑ Histosci ❑ Histic Epipedon ❑ Sulfidic Odor ❑ Aquic Moisture Regime ❑ Reducing Conditions ❑ Gieyed or Law-Chroma Colors ❑ Concretions ❑ Organic Streaking in Sandy Soils ❑ High Organic Content in Surface Layer in Sandy Soils ❑ Listed on National Hydric Solis List © Listed on Local Hydric Soils List ® Other (explain in remarks) Remarks: Chroma change > 2. DP-1 satisfies the hydric soil parameter, TERMIN Hydrophylic Vegetation Present. ❑ Yes No Is this Sampling Point Within a Wetland? = Yes [M No Wetland Hydrology Present? ❑ Yes ® No Hydric Soils Present? ® Yes ❑ No Remarks: OP-1 is not a jurisdictional wetland. DPA is located in AREA 1, adjacent to the perennial stream. Form Content Approved by HQUSACE 3192 Oata Point - I DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project Site: Pete Lawson Mine Site— SE Portion Date: 8l3167 Applicant/Owner: The Feldspar Corporation County: Mitchell Investigator: Chris Brookshire State: North Carolina On Normal Circumstances exist on the site? ® Yes ❑ No Community ID: Upland Is the site significantly disturbed (Atypical Situation)? Yes ❑ No Is Area a Potential Problem Area? (if needed, explain on reverse) ❑ Yes ® No Plot ID: pP-2 VEGETATION Dominant Plant Spices Stratum Indicator Dominant Plant Species Stratum Indicator 1 Kalmis laliifolia T, SfS FACU 8 2 Liriodendron tul itera T FAG 9 3 Li uidambar @l ractua T FAC+ 10 4 Robinia prieudoacacia T. SIS UPLAND 11 5 Tsu a caroliniana T FACU 12 8 13 7 14 Percent of Dominant Species that are OBL, FACW or FAC (excluding FAC-): 40% Remarks: DP-2 does not satisfy the hydrophytic vegetation parameter. HYDROLOGY :orded Data (describe in Remarks) Stream, Lake, or Tide Gauge Aerial Photographs Other recorded data available Field Observations: Depth of Surface Water: NONE (In.) Depth to Free Water In Pit: NONE (in.) Depth to Saturated Soil: NONE (In.) Remarks: DP-2 does not satisfy the hydrology parameter. SOILS Wetland Hydrology Indicators: EPnma Indicators: Inundated ❑ Saturated in Upper 12 inches ❑ Water Marks ❑ Drift Lines Sediment Deposits Drainage Patterns in Wetlands Secondary Indicators (2 or more required): ❑ Oxidized Root Channels in Upper 12" ❑ Water -Stained Leaves ❑ Local Soil Survey Data FAC-Neutral Test Other (explain In remarks) Map Unit Name (Series and Phase): Taxonomy (Subgroup): Watauga T io Ha luduhs Drainage Class: WELL Circle Field Observations Confirm Mapped Type? Yes No Prefk Descri lion: Depth inches Horizon Matrix Color Munsell Moist Mottle Colors Munsell Moist Mottle Abundance! SizelContrast Texture, Concretions, Structure, etc. 0.4 A 10YR 414 LOAM 4.12 AB 10YR 413 LOAM H dric Soil Indicators: ❑ Histpsol ❑ Histic Epipedon ❑ Sulfldic Odor ❑ Aquic Moisture Regime Reducing Conditions Gleyed or Low-Chroma Colors Concretions go Organic Streaking In Sandy Soils El High Organic Content in Surface Layer in Sandy Soils El Listed on National Hydric Soils List El Listed on Local Hydric Soils List ® Other (explain in remarks) Remarks: DP-2 does not satisfy the hydre soil parameter. Wt I LAND Dt t tKIYIIN Hydrophytic Vegetation Present. ❑ YNo Is this Sampling Point Within a Weiland . = Yes EC No Wetland Hydrology Present? ❑ Yeses AM No Hydric Soils Present? ElYes No Remarks. DP-2 is riot a jurisdictional wetland. DP-2 is located in AREA 2, adjacent to the perennial stream. Form Content Approved by HOUSACE 3192 Data Point - 2 l i North Carolina Division of Water Quality - Stream Identification Form; Version 3.1 Date: 3 Project: t••.�Soa M , �E Latitude: ',5 ' N 5 G ' y ' Evaluaton, 4 a%s 'BQoo k s A I rL i" Site; S5, Longitude; 8 7_*W 3' ( 1 4 Total Points: Other Stream is at feast intermittent County: .` if? 19or erennialifz30 7-7C� tTG HE�t t-0 e.q: Quad Name: Sp1Z A. Geomorphology (Subtotal = 12 Absent Weak Moderate Strong 18, Continuous bed and bank 0 1 3 2. Sinuosity 0 1 3 3. In -channel structure, riffle -pool sequence 0 1 2 3 4. Soil texture or stream substrate sorting 0 1 2 3 5. Activelrelic floodpiain 0 1 2 3 6. Depositional bars or benches 0 1 2 3 7. Braided channel 0 1 2 3 8. recent alluvial deposits 0 1 2 3 9 8 Natural levees 0 2 3 10. Headcuts 0 1 2 3 11. Grade controls 0 0.5 1 1. 12. Natural valley or drainageway 0 0.5 1 .5 13. Second or greater order channel on existing USGS or NRCS map or other documented evidence. No = 0 Yes = 3 R Hvrirnlnnv ('Ruhtntal = r0 ] 14. Groundwater flow/discharge 0 1 2 15. Water in channel and > 48 hrs since rain, or Water in channel - dry or growing season 0 1 2� 3 16. Leaflitter 1.5 1 0.5 0 17, Sediment on plants or debris 0 0.5 1 1.5 18. Organic debris lines or piles (Wrack lines) 0 0.5 1 1.5 19. Hydric soils (redoximorphic features) present? o = 0 Yes = 1.5 C, Biololav (Subtotal = I } 20 , Fibrous roots in channel 2 1 0 21b . Rooted plants in channel 3 2 1 0 22. Crayfish 0 0.5 1 1.5 23. Bivalves 0 1 2 3 24, Fish 0 0.5 1 1.5 25, Amphibians 0 0.5 11 1.5 26, Macrobanthos (note diversity and abundance) 0 0.5 1 1.5 27. Filamentous algae; periphyton 0 1 2 3 28, Iron oxidizing bacteriatfungus. 0 0.5 1 1.5 29 . Wetland plants in streambed FAC = 0.5; FACW = 0.75; OBL = 1.5 SAV = 2,0; Cher = Items 20 and 21 focus on the presence of upland plants, Item 29 focuses on the presence of aquatic or wetland plants. Notes: (use back side of this form for additional notes.) Sketch: 1 AREA f c, I :CU rcw k WOS4 a} LA e r L 54 V e Q rVq Cuero ssd A � t_ a L" SJ / cOk II I North Carolina Division of Water Quality - Stream Identification Form; Version 3.1 Date: s 2, o Project: Latitude: SS 90 54' Evaluator: Site Longitude: ' G+12� S t3ti❑t7�s t� [ ¢ar � s E 'P A LZ Tt o 4-N � Total Points: Other Stream is at (east intermittent County: if t 19 or perennial if a 30 'L 3 l�r tiT� 4iE.l_t� 60 • e.g. Quad Name. Sj;1R v�C% P 10B t N A. Geomor holo Subtotal = ) Absent Weak Moderate Strong 1'. Continuous bed and bank 0 0 2 3 2. Sinuosity M 0 2 3 3. In -channel structure: riffle -pool sequence 0 0 2 3 4. Soil texture or stream substrate sorting 0 1 3 5. Activelrelic floodplain 1 2 3 6. Depositional bars or benches 1 2 3 7. Braided channel 0 02 3 8. Recent alluvial deposits 6D 1 2 3 9 a Natural levees M 1 1 2 3 10, Headcuts CO-)1 2 1 3 11. Grade controls 0 0.5 1 1.5 12. Natural valley or drainageway 0 0.5 1 .5 13. Second or greater order channel on existing USGS or NRCS map or other documented evidence. Na = 0 Yes = 3 A Hvrtrninnv tfiuhtntA = S 1 14, Groundwater flowidischarge 0 1 3 15. Water in channel and > 48 hrs since rain, or Water in channel - dry or growing season 0 1 3 16. Leaflitter 1.5 0.5 0 17. Sediment on plants or debris C 1 0.5 1 1.5 18. Organic debris lines or piles (Wrack lines) 0 0.5 1 1.5 19. Hydric soils (redoximorphic features) present? o = Yes = 1.5 C. Bioioav (Subtotal = ) 20 . Fibrous roots in channel 3 2 1 0 21 , Rooted plants in channel 2 1 0 22, Crayfish 0 1 1.5 23. Bivalves 0 1 2 3. 24. Fish 0 0.5 1 1.5 25. Amphibians 0 0.5 1 1.5 26. Macrobenthos (note diversity and abundance) 0 0.5 L= 1.5 27. Filamentous algae; periphyton 0 1 2 3 28. Iron oxidizing bacteria/fungus. 0.5 1 11,5 29 , Wetland plants in streambed FAC = 0.5; FACW = 0.75; QBL = 1.5 SAV = 2.0; then = - Items 20 and 21 focus on the presence of upland plants, Item 29 focuses on the presence of aquatic or wetland plants, Notes: (use back side of this form for additional notes.) Sketch: 0� Aem S} r co, yr r-v o SSe 5 ct r o.cc`-' rC &A -- A/ North Carolina Division of Water Duality - Stream Identification Form; Version 3.1 Date: Q Project: pjE�,-,F t_A_0 Sz�,j .1,&atitude: S 50,, 51-' q 9 " Evaluator: C+i�tS � o►c5+ tt�iv Site: SE �aR'Tt0.3 Longitude: $Z�v� 3' Total Plaints: Other Stream is at least intermittent Z� Enty: *A t if k 19 or perennial if a 30 1 JC u- CO . e.g. Quad Name: rjfRUGE t�►Ei MC, A. Geomorphology (Subtotal = `S } Absent Weak Moderate Strong 10. Continuous bed and bank 0 1 3 2, Sinuosity 0 1 3 3. In -channel structure: riffle -pool sequence 0 1 3 4, Soil texture or stream substrate sorting 0 1 3 5. Active/relic floodplain n2 1 2 3 6. Depositional bars or benches 0 1 2 3 7. Braided channel 1 2 3 8. Recent alluvial deposits CO)1 2 3 9 a Natural levees 0 1 2 3 10. Headcuts 1 2 3 11. Grade controls 0 0.5 1 12. Natural valley or drainageway 0 0.5 1 13. Second or greater order channel on existing USGS or NRCS map or other documented evidence. ND-O Yes = 3 S. Hvdrnlonv (Subtatal = C; ) 14. Groundwater flow/discharge 0 1 3 15. Water in channel and > 48 hrs since rain, or Water in channel - dry or growing season 0 1 'J 3 16. Leaflitter 1.5 1 9 0.5 0 17. Sediment on plants or debris 0 0.5 1 1.5 18, Organic debris lines or piles (Wrack lines) 19 0.5 1 1 1.5 19. Hydric soils (redoximorphic features) present? (No = 0) Yes = 1.5 C. Bioloav (Subtotal = q ) 20 . Fibrous roots in channel U 2 1 0 21 . Rooted plants in channel 3 2 1 0 22. Crayfish 0 1 1.5 23. Bivalves 1 2 3 24. Fish 0.5 1 1.5 25, Amphibians 0 0.5 1 5 _ _ 26, Macrobenthos (note diversity and abundance) 0 0.5 j 1.5 27. Filamentous algae; periphyton a7 1 2 3 28. Iron oxidizing bacteria/fungus. 0.5 1 29 . Wetland plants in streambed FAG = 0.5; FACW = 0.75; OBL = 1.5 SAV = 2,0; Other = Items 20 and 21 focus on the presence of upland plants. Item 29 focuses on the presence of aquatic or wetland plants Sketch: Notes: (use back side of this form for additional notes.) 84,09 3 : OFi<S1-IT- . IMMLbiATc: 'If WEST of crr,C S-re-4-Aw "oSSES (-ov,46S a-e-EE le- "A � . R REQUEST FOR USACE JURISDICTIONAL DETERMINATION WITHIN THE STATE OF NORTH CAROLINA MAIL TO: U. S. ARMY CORPS OF ENGINEERS ATTENTION: REGULATORY BRANCH WILMINGTON DISTRICT, ASHEVILLE FIELD OFFICE 151 PATTON AVENUE ASHEVILLE, NC 28801.5006 PHONE: (828) 271-7980 YOUR NAME Contour Environmental, LLC PHONE 77G-794-0266 Contact: Chris Brookshire YOUR ADDRESS 1955 Vau hn Road, Suite 101 CITY Kennesaw STATE GA ZIP 30144 PROPERTY Pete Lawson Mine Site - Southeastern Portion OWNER'S NAME The Feldspar Corporation T, PHONE 828-467-1978 (Local office) OWNER'S ADDRESS 530 Altapass Road CITY Spruce Pine STATE NC ZIP 28777 LOCATION OF PROPERTY_ NEAREST CITY 5 ruce Pine COUNT' Mitchell NEAREST WATERBODY Go es Creek LAND LOT(S) DIRECTIONS FROM MAIN ROAD From Spruce Pine. travel Highway 19 East. Turn left onto Gouges Creek Road. GO approximately 3 miles._ Turn left onto gravel road next to Gouges Creek Baptist Church. Site will be_past the church on left, QUAD SHEET NAME Spruce Pine, North Carolina J ] YES [ I NO [ X ]?? [ ] YES [ ] NO [X ] ?? SIZE OF PROPERTY 225 ACRES ABOVE HEADWATERS USDA PROGRAM PARTICIPANT [X j YES [ ] NO Has there been any previous land disturbing activity in jurisdictional areas on this property? If yes, please provide the type of activity, dates of occurrence, individuals involved, project names, and previous USACE file numbers. Evidence of logging activities on portions of the site property (date unknown). [ ] YES [ X ] NO Has there been a previous delineation performed on this tract? If yes, please provide the name of the individuals who performed the delineation, dated, previous project name, and previous USACE file number_ PURPOSE FOR JURISDICTIONAL REQUEST (Check appropriate and expiain) [ ] Recreational Pond/Lake [ ] Residential Subivision [ ] Single Family Residence [ ] Commercial/Retail Development [X I Other Proposed mine area, known as Pete Lawson Mine. _ THIS REQUEST MUST INCLUDE A VICINITY MAP AND A SITE MAP SHOWING THE PROJECT'S LOCATION AND BOUNDARIES (portion of a Quadrangle sheet, County road map, or other map showing how to find the site, its size, and boundaries). I hereby request a jurisdictional determination on the above described properly; and 1 give the U. S. Army Corps of Engineers permission to conduct an on -site inspection, and I certify that I have the authority to make this request and give said permission. SIGNED: DATE: dw A r�E1QG Michael F. Easley, Governor CO William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Q ^� Coleen H. Sullins Director Division of Watcr Quality August 10, 2007, Mr. Jerry Prosser Operations Manager . Pete Lawson Mine 530 Altapass Rd. Spruce Pine, NC 28777 Subject: General Permit No. NCGO20000 Pete Lawson Mine COC NCG020716 Mitchell County Dear Mr. Prosser: In accordance with your application for a discharge permit received on August 2, 2007, we are forwarding herewith the subject certificate of coverage to discharge under the subject state —NPDES general permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection Agency dated May 9, 1994 (or as subsequently amended). Please take notice that this certificate of coverage is not transferable except after notice to the Division of Water Quality. The Division of Water Quality may require modification or revocation and reissuance of the certificate of coverage. Please note that this permit does not include an allowance for mine dewatering wastewater. Any discharge of wastewater (and any stormwater commingled with it) is subject to additional requirements not covered by this permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality (DWQ) or permits required by the.Division of Land Resources (DLR), Coastal Area Management Act or any other federal or local governmental permit that may be required. Please note that the DLR permit issued for this facility expires on June 18, 2009. This date is prior to the expiration of the DWQ permit, December 31, 2009. Part II Section A Number 4 of the DWQ general mining permit states that, "Compliance with the [DLR] issued permit is considered a requirement of this [DWQ] general permit." Therefore, please ensure to renew your DLR permit at the appropriate time. If you have any questions concerning this permit, please contact Kelly Johnson at telephone number (919) 733-5083 ext. 376. cerely, for Coleen H. S llins cc: Asheville Regional Office, Starr Silvis Central Files ``Stormwater Permitting Unit files NZ,ri hCaro Iina Naturally North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-5083 Customer Service Internet: www.ncwatenpualitv.ora Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-9612 1-877-623-6744 An Equal OMmundylAtfrmative Action Employer— 50% Recyc1eN10% Post Consumer Paper STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG020000 CERTIFICATE OF COVERAGE No, NCG020716 STORMWATER DISCHARGES NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, ,The Feldspar Corporation is hereby authorized to discharge stormwater from a facility located at Pete Lawson Mine Gouges Creek Road: 35°56'59"/82°02'51" Spruce Pine Mitchell County to receiving waters designated as Gouges Creek, a class WS-IV, Tr water in the French Broad River Basin, in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, H, III, IV, V, and VI of General Permit No. NCG020716 as attached. This certificate of coverage shall become effective August 10, 2007. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this 10'h day of August 2007 for Coleen H. Sullins., Director Division of Water Quality By the Authority of the Environmental Management Commission LOCATION MAP: Latitude:35TY06" N NCG020716 Facility_ Longitude: 82102'51" W County: Mitchell Name The Feldspar Corp. Location ' Stream Class: WS-IV, Tr . Receiving Stream: Gouges Creek / Sub -basin: 04-03-06 (French Broad River Basiu) cffiOttlk Not to Scale Re: Pete Lawson Mine Subject: Re: Pete Lawson Mine From: Starr Silvis <Starr. Silvi s@ncmai l.net> Date: Fri, 13 Jul 2007 11:42:48 -0400 To: Kelly Johnson <kelly.p Johnson@ncmail.net> CC: Laurie Moorhead <Laurie.Moorhead a ncmail.net>, Jim Adams <Jim.Adams cr ncmai1.net> Thanks Kelly. I'coriipletely support the issuance of the stormwater permit:, After visiting the site it was determined that it is not in the critical area, and that no wastewater is proposed. I am available via e-mail for the next few months. Thanks for all the hard work on this one. I gave the new contact your infonnation yesterday so you will probably hear from him soon. Starr Kelly Johnson wrote: All, This is just an update on a situation we ran into a few months ago. Back in December/January, we exchanged many emails about a mine in Mitchell County, the Dogwood Flatts Mine (which was being renamed to the Pete Lawson Mine.). This mine requested a permit to discharge stormwater and mine dewatering (wastewater) into a WS-IV, Tr water, [Gouges Creek (index number 7-7-27)] in Mitchell County. Originally, we thought that the outfall would be within the critical area, but later found during a site visit that that was not the case. We ended up returning the application because of concerns about wastewater (turbidity) in the stream. The previous contact has since left the company, and the new person is interested in applying for a stormwater-only permit (no mine dewatering). The new contact is aware of the history of our interaction with the mine personnel, and he also understands that the no -wastewater component is a very serious requirement. I support issuance of a stormwater-only permit for this facility. Also, FYI, this facility also has an active minim; permit from DLR. This permit expires 6/18/09. The text of our general permit (Part Ill, Section A, Number 4) says, "Compliance with the issued [DLR) permit is considered a requirement of this [DWQ] general permit." It goes on to also allow amendments to the DLR permit, which I would interpret to include a re -issuance of the DLR permit. So, when we issue the DWQ stormwater-only general permit, the permittee can only be in compliance as long as they have a valid DLR permit. Our general permit expires 12/31/09. The applicant will have to re -apply with DLR before ours expires. So, Jim, I thought I would copy you so that you would know that the permit we are probably issuing represents a completely different situation than we encountered six months ago. There is no longer a wastewater component. Starr, we talked yesterday about all of this. Starr/Laurie, this is sort of a unique situation because he hasn't actually applied for the permit yet. So, I will be contacting you soon for your review/approval- Kelly 1)f 2 7113?2007 1 1:44 AM Re-PeteLmwmon Mine -- utazr Silvis - Environmental Ouyiueez North Carolina Dept' of Environment and Natural Resources Asheville Regional office Division of Water Quality - Surface Water Protection Section 2890 DIS' 70 Highway Swanuanoa, NC 28778 Tel: 828-296-4500 Eaz` 828-299-7843 . � Environmental Engineer NC DENR - Asheville Regional Office Div,ision of Water Quality - Surface Water Protection Section m ` ~ 2of2 7/13/2007 11:44A NGGA200N NC(3d:)611 (o 'K. Johnson Formerly returned (NCG 020698) Pete Lawson Mine (formerly, Dogwood Flatts Mine) rev. 3 August 2007 History: An application for this mine was submitted December 2006. It requested a wastewater discharge, and after working with DEH and DWQ regional offices we believed it was inside the critical area. We later determined it was not inside the critical area, but DEH still had concerns about this permit because of the wastewater component so near the WS intake. DWQ Regional staff also had concerns about the wastewater because the water in that area is so turbid. We returned the application, and requested that they re -apply as an individual permit. Six months later, they had not applied. There is a new company contact, and he wants to pursue a non -wastewater general permit. 18 December 2006: Discussed the location of this mine with the Planning Unit. There are two Gouges Creeks. Verified that this is the WS-IV, Tr creek. 19 December 2006: Talked to applicant (Tom Freeman): o Dewatering? Yes (but not right away.) o Wash the stone? No o Other mines in area: Zemex Industrial Minerals is a large company. Portions have been bought/sold several times. Mines owned include Sullins Wise, Chalk Mountain, and Beaver Creek Mine (others?). Zemex Industrial Minerals owns Feldspar Corporation, Cherokee, Kings Mountain, and Zemex Mining. The company has saved money in bonding fees by combining these companies into a single company (one bond for all). The company needs to submit the proper paperwork for ownership changes for all of its mines. Applicant understands. 2 January 2007: The existing ponds are designed to hold the 25-yr storm. These are intended for stormwater treatment. The ponds for the future dewatering operations have not yet been designed. 3 January 2007: o Jim Adams (DEH, Water Supply). • Suggested: • Contact county/city managers (determine history, frequency of problems, etc). The local government (county?) has delegation. Jim does not think that the local government implements its program well, and he has considered contacting DWQ about enforcement (not just about this mine, but in general.) • Needs solids/turbidity limits if discharging wastewater • Inspection of mine is recommended. DEH intake is on the Toe River, just inside Avery County o Starr Silvis ■ If inside critical area, then additional treatment is within our authority. We can require an individual permit with stricter requirements. 11 January 2007: Met with Ken, then Bradley to discuss options (general v/s individual). Decided to return the permit and ask for an individual permit. (Note: Another option would have been to issue the general permit as stormwater only, and require the applicant to re -apply for a new general permit when dewatering operations were to begin. We decided against this route because dewatering was to begin fairly soon.) 17 July 2007: No individual permit has been received. The company's contact (Tom Freeman) has left. The new contact is interested in pursuing the stormwater-only general permit. He understands that dewatering and other wastewater -generating activities are not covered under this permit. 1v Q020000 NIho a071 Lp Formerly returned (NCG 020698) Application review a) The permit application has been signed and sufficiently completed. Yes K.. Johnson b) The SIC code accurately describes this facility's activities and is covered by this general permit. SIC 1442 (Construction Sand and Gravel)._[Note -- wet pit overflows considered wastewater in thiscategory, even if no pumping.] c) Does the facility propose a new or expanding wastewater discharge to ORW waters (not allowed), or waters upstream of ORW (special limits may apply)? No. Originally (Dec 06/Jan 07) they were•gc�ing_to_have wastewater. Now. it will he stormwater only. d) Does. this. facility have other permits? Yes, several other mines e) Hazardous Waste Activities? No. f) DLR Mining Permit status requested: Expires 6/ 18/09. Our permit (text below) requires the permittee to comply with the issued DLR permit. If the DLR permit is expired, then they, are not compli�Lnt with this permit. Erosion and Sediinentation Control, The permittee shall implement the manao.enieut practices and the erosion and sedinienration control nilasures that are included in the mining permit or erosion and 5.dimentation control permit'issued by the Division of Land Resources_ Compliance with the issued pennit is considered a requirement of this general periiut. Any deviaiioa from the issued permit, or amendments the the issued permit, that imacts water quality shall constitute a violation of the terins and conditions of this general permit. A signed copy of the issued perniir including the approved erosion and sedimentation control iiiea5twes and the reclamation plan shall be inaiutained oil the site at all times. Once an area is released bN! Eliot Division of Land Resources ui g) Regional Office input requested: 13 July 2007, (Regional contact: Starr Silvis/Laurie Moorhead). RO Approval received: 13 July, 2007, Note: I talked with the applicant about this permit in advance of his submitting it. Starr and I decided that if the permit application is in line with the measures that we have discussed, then we will issue it when it arrives. h) Is an ATC Required? No, this is a quarry but it has stormwater discharges only i) DEH Approval Required? Not requircd because there is no longer a wastewater component. But, I emailed Jim Adams (DEH) to let hiin know about the situation since he was so heavily involved a few months ago. j) Application approved? Yes Phone logs 12 July 2007: Dennis Dysvanich (spelling?) called. Tom freeman is no longer with Zernex. He is interested in pursuing a general permit without wastewater discharge. Starr Silvis also called. She did a site inspection a while back. %Ve now know that this discharge location is not inside the critical area. THE FELDSPAR CORPORATION PETE LAWSON MINE SITE — SOUTHEASTERN PORTION SPRUCE PINE, MITCHELL COUNTY, NORTH CAROLINA CONTOUR PROJECT CE07FSC:01 PHOTO #L View of entrance sign of the site property (facing west). PHOTO #2. View across the east -central portion of the site property (facing northeast). THE FELDSPAR CORPORATION PETE LAWSON MINE SITE — SOUTHEASTERN PORTION SPRUCE PINE, MITCHELL COUNTY, NORTH CAROLINA CONTOUR PROJECT CE07FSC:01 PHOTO #3. View across the east -central portion of the site property (facing northwest). PHOTO #4. View across the east -central portion of the site property (facing southwest). THE FELDSPAR CORPORATION PETE LAWSON MINE SITE— SOUTHEASTERN PORTION SPRUCE PINE, MITCHELL COUNTY, NORTH CAROLINA CONTOUR PROJECT CE07FSC:01 PHOTO #5. View of the intermittent creek (AREA 2) located in the southeastern portion of the site property (facing west). PHOTO #6. View of the perennial creek (AREA 1) located in the east -central portion of the site property (facing south). THE FELDSPAR CORPORATION PETE LAWSON MINE SITE — SOUTHEASTERN PORTION SPRUCE PINE, MITCHELL COUNTY, NORTH CAROLINA CONTOUR PROJECT CE07FSC:01 PHOTO #7. View of the perennial creek (AREA 3) located south of the site property (facing northwest). PHOTO #8. View of the perennial creek (AREA 1) located in the east -central portion of the site property (facing east). THE FELDSPAR CORPORATION PETE LAWSON MINE SITE - SOUTHEASTERN PORTION SPRUCE PINE, MITCHELL COUNTY, NORTH CAROLINA CONTOUR PROJECT CE07FSC:01 PHOTO #9. View of the perennial creek (AREA 1) located in the east -central portion ol'the site property (facing east). N - PHOTO #10. View of the perennial stream (AREA 2) located in the southeastern portion of the site property at the culverted road crossing (facing east). CONTOUR ENVIRONMENTAL, LLC I-FGFND Site Location Map USES 7.5-Minute Quadrang)c 'Spruce Pine, North Carolina' (1994) Seale: Not to Scale *Site Boundary Approximate" PROJECT Report of Wetland/Water Delineation Pete Lawson Aline Site — SE Portion Gouges Creek Road Spruce Pine, Mitchell County, NC Project No: CE,07FSC:01 lk ". I ;� , I . 1.ti• 4t. �t ��j��-.'Y ��1 ,�j�*� ra ,+t.�!-.'�' '•!:� y � - 't}. �: s� , - �.r,S S4 r^'s��, ..;y, ���• �lV "�3' d, � 't� "'� ♦ /L � � �. � �� � w/ � ` - _ � �'_ /• r a � ��. '�,� is a R, 1.� �\ �.4 �M . 't r �'• ,,,,• ,. 46 �' �`,r � k� •A � 7r �rl, 1 �� 1+_� f,�� 4��, j '1 • ���`:��a� jM . r IN 'A �. � r,y Y x•.•�� z N r` A m z 4 r, �5 r� z Y [�f z 0 m NWI - spruce Pine, North Carolina Z-4-0 W 82-3.30 W 82-3-0 W PUBHh Digftr S ruce_Pinel Nortri Carolina F I i y 82-4-0 W 82-3-30 W 82-3-0 W M This map is a user generated static output from an Intemet mapping site and is for general reference only, Data foyers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION. 82-2-30 W L1 o Cn 82-2-3D W o Map center: 35* 56' 49" N, 82° 3' 6" W Legend CONUS_wet_scan � 0 I 1 � ' Put or range Interstate Major Roads Other Reed N Interstate Stab highway US highway Roads Cities USGS Quad Index 24K Lower 48 Watland Polygons Fri Estuann* and Mann* Deepwater Estuarine and Mann* Welland Freshwater Emergent Wetland ® Freshwater ForestadlShrub Wetland Freshwater Pond Lake Other Rhrenne Lower 48 Avallsbte Wetland Data Non-0Igaal Digital No Data Seen RHO Streams Counties 100K C3 States /00K p South America O North America Scale:1:21,155 370161 THIS AREA IS SHOWN ON M 37121 CO091 638-6620. APPROXIMATE SCALE IN FEES' �nnn n NATIONAL FLORO INSURANCE PROGRAM FIRM FLOOD INSURANCE RATE MAP MITCHELL COUNTY, NORTH CAROLINA AND INCORPORATED AREAS PANEL 100 OF 125 CDffUJ t - eDmMuturr NuMen PMU swu SPRUCE PINE, TOWN OF 371163 0100 C UNINIMPORATEO RREAS 371161 RN C Pa L LOCAnON MAP NUMBER: 37121CO100 C EFFECTIVE BATE: SEPTEMBER 2,1988 1~e*w racy mall -Pineal 4—" This is an 0110681 Copy of a portion of the above referenced flood map. N was extracted using F-MIT On Une This map does not reflect changes or amendments which may have been made subsequent to the date on the title Klock For the latest product inform atlon about National Flood Insurance Program Rood maps Check the FFMA Flood Map Store at �. msc ferns gov LEGEND SPECIAL FLOOD HAZARD ARFAS INUNDATED APPROXIMATE SCALE IN FEET BY 100-YEAR FLOOD ZONE No base flood elevations determined- 2000 0 20DU ZONE AE Base flood elevations determined. ZONE AH Flood depths of 1 to 3 feet (usually areas of ponding); bass flood elevations determined. ZONE AO Flood depths of 1 to 3 feet (usually sheet flow on sloping terrain`; average depths determined, For areas of alluvW fan flood- ing, velocities also determined. M[NATION4 FLOOD INSURANCE PRO:RAM' ZONE A99 To be protected from 10o-year flood by Federal flood protection system under_—_— construction;.no base elevations determined. ZONE V Coastal flood with velocity hazard (wave r�� action); no bars flood elevations deter. r mined. FOOD INSURANCE RATE MAP ZONE VE Coastal flood with velocity hazard (wave action); base flood elevations determined. HELL COUNTY, FLOODWAY AREAS IN ZONE AE NORTH CAROL]NA AND NORTH INCORPORATED AREAS OTHER FLOOD AREAS ZONE X Areas of 500-year flood; areas of PANEL 100 OF 125 100-year flood with average depths of less than 1 foot or with drainage areas less than 1 square mile; and t70NfANS areas protected by levees from 100- emmumi NWKR lMiL SUFFIX year flood. stNuct rent, foNn or almaa tlw c OTHER AREAS UNIK"Poll MEM tlatFl In" c ZONE X Areas determined to be outside 500• year flood plain. ZONE D Areas In which flood hazards are undetermined. Flood Boundary ' - --- Floodway Boundary MAP NUMBER: Zone D Boundary 37121CO100 C Boundary Dividing Special Flood EFFECTIVE DATE: Hazard Zones, and Boundary Ale SEPTEMBER 2, 1988 Dividing Areas of Different Coastal Base Flood Elevations Within Special Flood Hazard Zones. - Federal Emergency Management Agency Base Flood Elevation Line; Ele- vation In feet• v v Cross Section Line portion or is an social copy of a portioof the above leterenced flood map It was extracted ualrrp F-MIr On-line. this map d� not reRecl changes Base Flood Elevation in Feet or amendments which may have been made Subsequent 10 the date on the (EL 987) title block_ For the latest product Information about National Flood Insurance Where Uniform Within Zone* Program food maps check the FEMA Flood Map Store at www,mail; -fema-goo Soil Map —Mitchell County, North Carolina N rwws A 0 157 V' ' am OwFear 0 500 I WO 2.000 3.000 LSD4 Natural Resources Web Soil Survey 2.0 7M/2007 20 Conservation Semce National Cooperative Soil Survey Page 1 of 3 MAP LEGEND Area of Interest €AOI) Area of Interest (AOI) Soils Soil Map Units Special Point Features Blowout ® Borrow Pit X Clay Spot e Closed Depression }, Gravel Pk Gravelly Spot ® Landfill Lava Flow Marsh 5t Mine or Quarry Qo Miscellaneous Water O Perennial Water v Rock Outcrop + Saline Spot Sandy Spot Severely Eroded Spot Sinkhole Slide or Slip 0 Sodic Spot Spoil Area Q Stony Spot Soil Map —Mitchell County, North Carolina Very Stony Spot t Wet Spot AL Other Special Line Features Gully Short Steep Slope Other Polltical Features Municipalities p Cities Urban Areas Water Features Oceans Streams and Canals Transportation +-+. Rails Roads r. Interstate Highways US Routes State Highways N Local Roads Other Roads MAP INFORMATION Original soil survey map sheets were prepared at publication scale. Viewing scale and printing scale. however, may vary from the original. Please rely on the bar scale on each map sheet for proper map measurements Sourceof Map, Natural Resources Conservation Service Web Soil Survey URL: httpalwebsoilsurvey.nres.usda.gov Coordinate System: UTM Zone 17N This product is generated from the USDA -MRCS certified data as of the version dates) listed below SO Survey Area Mitchell County, North Carolina Survey Area Data: Version 4, Jan 19, 2007 Date(s) aerial images were photographed: 41811994 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. Natural Resources Web Soil Survey 2.0 7130/2007 Conservation Service National Cooperative Soil Survey Page 2 of 3 jk 44 44 I � sae L 11 1L go --- 1 JAI 5 \ - �t UPI+i]tUAW i ii rl FIGURE 2: PROJECT - Weiland Boundary Map Report of Wetland/WE tar Delineation CONTOUR ENVIRONMENTAL, LLC Pete Lawson Mine Sets - Southeastern Portion Scale: �" - 300' Spruce Pine, Mitchell County, North Carolina Project Number. CE07FSC:01