20201025 Ver 1_More Info Requested_20201105

DocuSign Envelope ID: 915CC244-BOAO-4268-8CFC-052F9D6B65AA
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
September 23, 2020
DWR # 20201025
Avery County
Sibelco North America, Inc.
Attn: Jeffrey Ferguson
136 Crystal Drive
Spruce Pine, NC 28777
Subject: REQUEST FOR ADDITIONAL INFORMATION
Sibelco — 011is Waste Area Expansion
Dear Mr. Ferguson:
On August 10, 2020, the Division of Water Resources (Division) received your application requesting a
401 Individual Water Quality Certification from the Division for the subject project. The Division has
determined that your application is incomplete and cannot be processed. The application is on -hold
until all of the following information is received:
A complete review of the project cannot be conducted until the U.S. Army Corps of Engineers
has verified all stream and wetland locations per the request to revise the previously issued
jurisdictional determination. [NCAC 02H .0502(a)(7)]
2. If the U.S. Army Corps of Engineers requests a response to any comments received as a result
of the Public Notice, please provide the Division with a copy of your response to the USACE.
[15A NCAC 02H .0502(c)]
Pursuant to Title 15A NCAC 02H .0502(e), the applicant shall furnish all of the above requested
information for the proper consideration of the application. Please respond in writing within 30
calendar days of receipt of this letter by sending one (1) copy of all of the above requested information
to the 401 & Buffer Permitting Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617 OR by
submitting all of the above requested information through this
link: https://edocs.deg.nc.gov/Forms/Supplemental-Information-Form (note the DWR# requested on
the link is referenced above).
If all of the requested information is not received within 30 calendar days of receipt of this letter, the
Division will be unable to approve the application and it will be denied as incomplete. The denial of this
project will necessitate reapplication to the Division for approval, including a complete application
package and the appropriate fee.
Please be aware that you have no authorization under the Section 401 of the Clean Water Act for this
activity and any work done within waters of the state may be a violation of North Carolina General
Statutes and Administrative Code.
DE �� North Carolina Department of Environmental Quality I Division of water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
gnpartm¢ntolEnulr¢nmon,lq-1 itv/`� 919.707,9000

DocuSign Envelope ID: 915CC244-BOAO-4268-8CFC-052F9D6B65AA
Sibelco North America, Inc.
Request for Additional Information
Page 2of2
Please contact Sue Homewood at 336-776-9693 or Sue. [e-mail] if you have any
questions or concerns.
Sincerely,
DOCUSignn�e/d by:
PCLW� W020�
949D91BA53EF4E0...
Paul Wojoski, Supervisor
401 & Buffer Permitting Branch
cc: Clement Riddle, Clearwater Environmental Inc (via email)
Amanda Jones Fuemmeler, USACE Asheville Regulatory Field Office (via email)
Andrea Leslie, NCWRC (via email)
Byron Hamstead, USFWS (via email)
DWR 401 & Buffer Permitting Branch file
Filename: 20201025v1SibelcoOlIisWasteExp (Ave ry)_401_IC_Addinfo.doc

North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Bartos, Administrator
Governor Roy Cooper
Secretary Susi H. Hamilton
October 20, 2020
Nancy Wallace
US Army Corps of Engineers - Wilmington District
Asheville Regulatory Field Office
151 Patton Avenue RM 208
Asheville, NC 28801
Office of Archives and History
Deputy Secretary Kevin Cherry
nancy.wallacegusace.army.mil
Re: Expand 011is Waste Area quartz mining waste pit (35.952972,-81.983778), Brushy Creek Road,
Spruce Pine, Avery County, ER 20-2063
Dear Ms. Wallace:
Thank you for your email of September 17, 2020, regarding the above -referenced undertaking. We have
reviewed the submittal and offer the following comments.
We have conducted a review of the project and are aware of no historic resources which would be affected
by the project. Therefore, we have no comment on the project as proposed.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36
CFR Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579
or environmental.review(ii,)ncdcr.gov. In all future communication concerning this project, please cite the
above referenced tracking number.
�Sincerely,
Ramona Bartos, Deputy
State Historic Preservation Officer
Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: [phone]-6598

A
� North Carolina Wildlife Resources Commission IQ
Cameron Ingram, Executive Director
September 21, 2020
Ms. Amanda Fuemmeler
U.S. Army Corps of Engineers, Regulatory Branch
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
SUBJECT: Sibelco — 011is Waste Area Expansion
UTs to Brushy Creek and wetlands, Avery County
SAW-2019-01042
Dear Ms. Fuemmeler:
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the
individual permit application to culvert 347 ft of two unnamed tributaries (UTs) of Brushy Creek
and fill 0.274 acre of three wetlands in Avery County. I attended a site visit with the applicant
and regulatory staff on March 12, 2020. Our comments on this application are offered for your
consideration under provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et. seq.) and Fish
and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d).
Wild trout should not be impacted by this project, and a moratorium is not needed. The project is
upstream of the North Toe River, which is recognized by the NC Natural Heritage Program as the
North Toe River/Nolichucky River Aquatic Habitat, a natural area rated Very High for the
richness of rare species it contains. In the vicinity of the project, Mimic Shiner (Notropis
volucellus, NC Threatened) and Eastern Hellbender (Cryptobranchus alleganiensis, US Federal
Species of Concern, NC Special Concern) are found. Further downstream, Anglers use this
resource in the spring and summer. The North Toe River is on the 303(d) list of impaired waters
for excess turbidity. In order to protect the aquatic community of the North Toe River, it is
essential to employ effective sediment and erosion control and stormwater management at the
site.
The impacts are associated with the expansion of a tailing disposal site within a 56-acre parcel
that would allow 3.3 million tons of tailing disposal, which is estimated to provide capacity for
17.3 years of mining disposal. A large part of the site has been previously disturbed for mining
activities.
Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]

Sibelco 011is Waste Area Expansion Page 2 September 21, 2020
UTs Brushy Cr & wetlands, Avery Co
Due to the location and size of this tailings spoil area, it has the potential to impact the North Toe
River, which is a focus of restoration and supports numerous state and federal listed species,
including the Appalachian Elktoe (Alasmidonta raveneliana, US and NC Endangered). The
permit application does not include a description of erosion and sediment control measures for
the proposed activities. We ask that the applicant provide a description and applicable drawings
of erosion and sediment control measures that are planned for the site.
Mitigation is proposed at 1:1 for 197 ft of impact to Stream 4 (NCSAM score -Medium), 2:1 for
150 ft of impact to Stream 3 (NCSAM score -High), 1:1 for 0.035 acre impact to Wetland 16 and
0.190 acre impact to Wetland 17 (NCWAM score -Low), and 2:1 for 0.150 acre impact to
Wetland 2 (NCWAM-High). We recommend that a mitigation ratio of 2:1 be used for all stream
impacts, as impact streams rated Medium and High through NCSAM, and the streams drain to
the North Toe River.
We offer the following recommendations to minimize impacts to fish and wildlife resources:
1. It is essential that good erosion and sediment control be used throughout the project's
lifetime. Disturbed areas should be stabilized as quickly as possible, and road beds and
banks maintained so they do not serve as sources of sediment.
2. Any erosion control matting used should be free of plastic or nylon mesh, as this type of
mesh netting frequently entangles wildlife and is slow to degrade, resulting in a hazard that
may last for years.
3. We recommend using a quick growing seed such as Wheat, Rye Grain or Oats and a
permanent native seed mix, with an emphasis on forbs and grasses that would benefit
pollinators.
4. We recommend that the applicant consult with NCWRC and US Fish and Wildlife Service to
develop their long-term reclamation plan, which should emphasize native wildlife -friendly
vegetation.
5. We recommend that a mitigation ratio of at least 2:1 be used for all stream impacts.
Thank you for the opportunity to review and comment on this project. Please contact me at
[phone] if you have any questions about these comments.
Sincerely,
Andrea Leslie
Mountain Region Coordinator, Habitat Conservation Program
ec: Tyson Kurtz, Clearwater Environmental
Andrew Moore, NC Division of Water Resources
Byron Hamstead and Karla Quast, US Fish and Wildlife Service

From: Pace Wilber - NOAA Federal
To: Wallace. Nancy L CIV USARMY CESAW (US); Fuemmeler. Amanda J CIV (USA)
Cc: Fritz Rohde - NOAA Federal; Twyla Cheatwood - NOAA Federal
Subject: [Non-DoD Source] Re: US Army Corps of Engineers Wilmington District Public Notice
Date: Sunday, September 20, 2020 12:06:08 PM
NOAA's National Marine Fisheries Service (NMFS) reviewed the project described in the
public notice SAW-2019-01042. Based on the information in the public notice, we confirm
the Wilmington District's determination that the proposed work would NOT occur in the
vicinity of essential fish habitat (EFH) designated by the South Atlantic Fishery Management
Council, Mid -Atlantic Fishery Management Council, or the NMFS. Present staffing levels
preclude further analysis of the proposed work and no further action is planned.
Consequently, we have no comments or recommendations under the Magnuson -Stevens Act
or the Fish and Wildlife Coordination Act. This position is neither supportive of nor in
opposition to authorization of the proposed work.
Sincerely,
Pace Wilber
On Thu, Sep 17, 2020 at 10:40 AM Wallace, Nancy L CIV USARMY CESAW (US)
<Nancy.Wallace(c�r�usace.army.mil> wrote:
As you requested, you are hereby notified that Wilmington District, United States
Army Corps of Engineers has issued a Public Notice. The text of this document can
be found on the Public Notices portion of the Regulatory Division Home Page. Each
Public Notice is available in ADOBE ACROBAT (.pdf) format for viewing, printing or
download at BlockedhttD://www.saw.usace.armv.miI/Missions/Reaulatorv-Permit-
Program/Public-Notices/
As with anything you download from the internet, be sure to check for viruses
prior to opening. The current notice involves:
Corps Action ID#: SAW-2019-01042
Issue Date: September 17, 2020
Applicant: Sibelco North America, Incorporated

Expiration Date: 5:00 p.m., October 16, 2020
Point of Contact: Amanda Jones Fuemmeler, 828-271-7980 Ext 4225.
Project Description: The Wilmington District, Corps of Engineers (Corps) received
an application from Sibelco North America, Incorporated, seeking Department of the
Army authorization to discharge fill material into 0.274 acre of wetlands and 347
linear feet of stream channel, associated with the expansion of an existing waste
area at the Brushy Creek Mine (project known as 011is Waste Area Expansion), in
Spruce Pine, in Avery County, North Carolina.
Nancy Wallace
USACE Wilmington District
Asheville Regulatory Field Office
151 Patton Avenue RM 208
Asheville, NC 28801
828-271-7980 Ext 4221
nancy.wal Iacedusace.army. mil
Subscribe/Unsubscribe: This email was sent out as a result of subscribing to the
Wilmington District regulatory program public notices. Please reply to this email with
the subject or message "unsubscribe" to remove your address from future mailings.
Pace Wilber, Ph.D.
HCD Atlantic Branch Supervisor
NOAA Fisheries Service

331 Ft Johnson Road
Charleston, SC 29412
843-460-9926 <---- Office Number
843-568-4184 <---- Office Cell Number
Pace.Wilbernnoaa.goy

ua
United States Department of the InteriorSERVIUE
FISH AND WILDLIFE SERVICE
Asheville Field Office
160 Zillicoa StreetFl
Asheville, North Carolina 28801
October 21, 2020
Amanda Fuemmeler
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, NC 28801
[e-mail]
Dear Amanda Fuemmeler:
Subject: Sibelco Quartz Tailings Inc; Avery County, North Carolina Log No. 4-2-20-503
The U.S. Fish and Wildlife Service (Service) has reviewed the information provided in your
Public Notice dated September 17, 2020 wherein you notify the Service of potential project -
mediated impacts to federally protected species. We submit the following comments in
accordance with the provisions of the Fish and Wildlife Coordination Act, as amended
(16 U.S.C. 661-667e); the National Environmental Policy Act (42 U.S.C. §4321 et seq.); and
section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act).
Project Description
According to the information provided, the proposed project would require a Section 404
Nationwide Permit from the U.S. Army Corps of Engineers and entail the expansion of the 011is
Waste Area to receive quartz processing tailings in Spruce Pine, North Carolina. The Applicant
anticipates 3471f of unavoidable stream impacts and 0.274 acres of wetland impacts that will
allow for the disposal of mining waste material. The site is approximately 56 acres in extent with
areas of disturbance due to historical use for mine operations. Additionally, the property consist
of a successional wooded areas, transitional habitats, as well as stream/wetland corridors which
drain into Brushy Creek. Surrounding habitats are dominated by mining development and
wooded lands.
Federally Listed Endangered and Threatened Species
According to Service records, suitable summer roosting habitat may be present in the project
area for the federally threatened northern long-eared bat (Myotis septentrionalis). However, the
final 4(d) rule (effective as of February 16, 2016), exempts incidental take of northern long-eared
bat associated with activities that occur greater than 0.25 miles from a known hibernation site,
and greater than 150 feet from a known, occupied maternity roost during the pup season (June 1
— July 31). Based on the information provided, the project would occur at a location where any
incidental take that may result from associated activities is exempt under the 4(d) rule.
Although not required, we encourage the Applicant to avoid any associated tree clearing
activities during this animal's maternity roosting season from May 15 — August 15.

Service records show multiple occurrences of bog turtles within the project vicinity. We are
concerned about project -mediated impacts to this species that may result from wetland
disturbances. This species is known to occur in open, unpolluted emergent and scrub/shrub
wetlands including fens, sphagnum bogs, marshy meadows, and wet pastures. The southern
population of bog turtle (Glyptemys muhlenbergii) is federally threatened due to similarity of
appearance and is therefore not subject to section 7 consultation. However, detecting and
conserving novel populations of bog turtle may prevent the need for additional regulatory
protections for this animal. Your correspondence states that "species survey and potential habitat
assessment" was conducted January 23 of 2020, but it is unclear if targeted surveys were
completed at that time. Therefore, we encourage, but do not require, that the Applicant survey
for this imperiled animal where its habitat occurs onsite to ensure that it is not inadvertently lost.
Project receiving waters, (North Toe River, approximately 1 mile downstream from the project)
support the eastern hellbender (Cryptobranchus alleganiensis). Our office considers this animal a
species of concern and it is not currently afforded legal protection under the Act. However,
incorporating proactive conservation measures on its behalf may preclude the need to list it in the
future. We encourage project proponents to consider incorporating materials in areas that would
be protected from project mediated impacts. We do not recommend creating and installing
elements of suitable habitat for species within the project impact areas. At your request, the
Service is available to provide specific guidance regarding shelter dimensions and position.
Based on the information provided in the public notice, the proposed activity would authorize
permanent impacts to 347 linear feet total to two unnamed tributaries. Mitigation is proposed at a
1:1 ratio for 197 linear feet of impact to Stream 4 and 2:1 for 150 linear feet of impact to Stream
3. Additionally, the proposed action would authorize fill in three wetlands (totaling 0.274 acres).
These streams and wetlands provide valuable function to onsite habitat supporting a diverse
ecosystem within the project boundaries and receiving waters of Brushy Creek and North Toe
River. The Service would support a minimum of 2:1 mitigation ratio for impacts to Stream 4
which is rated `medium' by NCSAM.
We offer the following general recommendations on behalf of natural resources:
Erosion and Sediment Control
Measures to control sediment and erosion should be installed before any ground -disturbing
activities occur. Grading and backfilling should be minimized, and existing native vegetation
should be retained (if possible) to maintain riparian cover for fish and wildlife. Disturbed areas
should be revegetated with native vegetation as soon as the project is completed. Ground
disturbance should be limited to what will be stabilized quickly, preferably by the end of the
workday. Natural fiber matting (coir) should be used for erosion control as synthetic
netting can trap animals and persist in the environment beyond its intended purpose.
Riparian Buffers
Natural, forested riparian buffers are critical to the health of aquatic ecosystems. They
accomplish the following:
2

1. catch and filter runoff, thereby helping to prevent nonpoint-source pollutants from
reaching streams;
2. enhance the in -stream processing of both point- and nonpoint-source pollutants;
3. act as "sponges" by absorbing runoff (which reduces the severity of floods) and by
allowing runoff to infiltrate and recharge groundwater levels (which maintains stream
flows during dry periods);
4. catch and help prevent excess woody debris from entering the stream and creating
logjams;
5. stabilize stream banks and maintain natural channel morphology;
6. provide coarse woody debris for habitat structure and most of the dissolved organic
carbon and other nutrients necessary for the aquatic food web; and
7. maintain air and water temperatures around the stream.
The Service appreciates the opportunity to provide these comments. Please contact Mr. Byron
Hamstead of our staff at [e-mail], if you have any questions. In any future
correspondence concerning this project, please reference our Log Number 4-2-20-503.
Sincerely,
- - original signed - -
Janet Mizzi
Field Supervisor
3