20110188 Ver 1_401 Application_20110211

r
Corps Submittal Cover Sheet
1. Project Name: Kings Mountain Minerals, Inc H1 Mine (+/- 90 acres)
2 0 1 1 0 1 8 8
2. Name, Mailing Address, Phone Number of Property Owner/Applicant
Company and/or Name: Kings Mountain Minerals, Inc Attn: Mr. Peter Flynn
Address: 102 Concept Drive, Kings Mountain, NC 28086
Phone: [phone]
3. Name of Consultant/Agent: Jennifer L Robertson
4. Related/ Previous Action ID number(s): SAW 2010-01173
5. Site Address: 305 Dixon Dairy Road, Kings Mountain, Cleveland County
6. Subdivision Name: no subdivision
7. City: Kings Mountain
8. County: Cleveland
9. Lat: 035.113486 N Long: 081.242355 W
10. Quadrangle Name: Grover
11. Waterway: UT to Long Branch (Class C)
12. Watershed: Broad River Basin
13. Jurisdictional Features on the Site: (Approximations Only.)
Stream Length: 280 linear feet
Wetland Area: no wetlands acres
Open Water Area: no open water acres
14. Requested Action:
® Nationwide Permit # 18
? General Permit #
? Jurisdictional Determination Request
? Pre-Application Request
EA i?
The following information will be completed by Corps office:
AID: Prepare File Folder Assign number in ORM
Begin Date Authorization: Section 10 Section 404
Project Description / Nature of Activity / Project Purpose:
Site/Waters Name:
Keywords:

4VIRONMENTAL
February 22, 2011
US Army Corps of Engineers NC Division of Water Quality
Attn: Mr. Tyler Crumbley Attn: Mr. Ian McMillan
151 Patton Ave, Room 208 1650 Mail Service Center
Asheville, North Carolina 28801-5006 Raleigh, North Carolina 27699-1650
Re: Kings Mountain Minerals, Inc. H1 Mica Mine - PCN Request
Kings Mountain, Cleveland County, North Carolina
Tyler/Ian:
The attached Pre-Construction Notification (PCN) is being submitted on behalf of Mr.
Peter Flynn with Kings Mountain Minerals, Inc. to allow for the excavation and fill with
rip-rap of a drainage feature that has been determined to be intermittent, unimportant
by the Corps and intermittent by DWQ on approximately 90 acres in Cleveland County,
North Carolina on Dixon Dairy Road. Kings Mountain Minerals, Inc. is seeking a
nationwide permit 18 authorization for 250 linear feet of excavation and 30 linear feet
of rip-rap. The 250 linear feet of impact is necessary in order to mine additional mica
on the property. The 30 linear feet of rip-rap is necessary to stabilize the bed and
banks of the bottom reach of the drainage feature which will receive intermittent flows
from the proposed storm water basin (S13-1). The stream area is not included in the
initial mining boundary but the impacts will be completed, once approved, prior to
March 18, 2012.
Storm flows from the 25-year storm event for the 57 acre drainage area that drains to
the jurisdictional feature will generate 191 cfs of flow in the stream at the property
boundary. Outflow from S13-1 will only generate 0.59 cfs of flow through the skimmer
under normal operating conditions and up to 3.43 cfs during a 10-year storm event and
overflow into the riser. Once sediment and erosion control measures are in place, the
majority of all storm water that now flows into the stream will be diverted and managed
by S13-1. The dramatic decrease in storm flow surge will greatly reduce or eliminate the
erosive forces that are currently eroding the banks of the stream during storm events.
Flow from the sediment pond outlet will flow across a rip-rap outlet dissipater, which
will diffuse the flow even more. The flow will enter the stream near flag 2, which is
located 30' upstream of the property line at flag 1. The proposed rip-rap within the
stream will further ensure stable conditions during the periodic flow events. Velocity
calculations demonstrate that flow from S13-1 will never exceed the self-scouring
velocity and will not generate erosive flow.
ATLAS Environmental Inc
PO Box 882 / 68 Poplar St
Canton, North Carolina 28716
828-712-9205 (m) / 828-648-8801 (o) / 828-648-8802 (1]
1
-lift
VIRONMENTAL
There is ore of value surrounding and under the stream. Kings Mountain Minerals, Inc.
would like to mine as much of the mica ore at the H1 property as possible which will
allow them to work at the property longer and make the property more financially
beneficial. The substrate material at the jurisdictional drainage feature consists of
approximately 35% clay, 50% feldspar/quartz, and 15% mica. The mica present is a
high grade of mica and when there is greater than 10% mica content it is worth mining.
The topsoil layer will be stockpiled and used during reclamation.
Kings Mountain Minerals, Inc. tried to avoid impacts to the jurisdictional feature but
after considerable correspondence and site meetings with the Corps, DWQ, and DWQ
Stormwater it was determined that avoiding impacts was not feasible. The original
intent was to mine the stream area since the mica there was such good quality and
such high content. None of the stream can be avoided, however, the applicant and
consultant feel that the impact is minor in nature given the existing conditions and that
the feature is not important to aquatic habitat or function. The construction equipment
will be kept in good working order and will not pose a threat to water quality.
The Corps does not consider the stream important and will not require mitigation. The
applicant and consultant further feel that DWQ mitigation should not be required for the
proposed impacts. It is our opinion that the intermittent, unimportant stream is not fed
by groundwater. The feature is badly eroded due to the historic agricultural uses at the
property and there is evidence that at least the top reach of the feature was ditched by
a previous owner similar to the other drainage feature on the property. The entire
length that has been determined to be jurisdictional was dry during the January 2011
site evaluation but for a scour hole at flag 11 that had been created by excessive
erosive flows during storm events. Additionally, it had rained the day before that
evaluation. Flow within this surface water is directly related to rain events and flow
within this feature only occurs after a significant enough rain occurs.
DWQ conducted a site visit in early February 2011 and it had rained 0.6" within 24
hours of the visit. There was water at two scour pools during that evaluation (the same
one at flag it previously mentioned and then a scour pool at flag 12). The drainage
feature has been dry during every site evaluation even off property down to where bed
rock is exposed and the groundwater is intersected. The data form completed by DWQ
rated a 19.5 which is just above an ephemeral score of 18.5. The form was rated 6
points for the absence of fibrous roots in streambed and rooted upland plants in stream
bed but the form was completed at the scour pool where no vegetation was present
due to the rate of erosion at the scour pool and presence of standing water. As evident
ATLAS Environmental Inc
PO Box 882 / 68 Poplar St
Canton, North Carolina 28716
828-712-9205 (m) / 828-648-8801 (o) / 828-648-8802 (t)
_ VIRONMENTAL
in the attached on-site photographs there are considerable fibrous roots and rooted
plants within the stream bed throughout the remainder of it except at the other scour
pool. Please refer to the on-site series of photographs and off site photographs which
illustrate the existing conditions which have been taken from August 2010 to February
2011. Groundwater adjacent to flag 11 has been measured this month and is 1.5'
below the stream bed elevation at flag 11. Groundwater adjacent to flag 2 has also
been measured this month and is 1.75' below the stream bed elevation at flag 2.
There is an EEP approval letter enclosed as requested by DWQ for 280' of mitigation
but we strongly feel that DWQ mitigation should not be required. Excavating the
stream bed will eliminate the existing erosion and the construction of S13-1 will treat
storm water flows so that erosive flows no long occur. Kings Mountain Minerals, Inc.
personnel have been working at this property for over two years preparing for the mine
operation and have never witnessed flow within the stream. The only persistent water
has been at the scour pool at flag 11 which is perched due to the high clay content.
Another reason this pool is persistent is because the stream bed elevation increases just
below the pool so the storm water here is trapped and does not percolate through the
soil.
In summary, the water within the stream on site is fed by run-off from storm events as
opposed to groundwater. The impacts are minor and should not require mitigation by
DWQ. The storm water retention ponds will significantly decrease the erosive forces of
storm flow that are currently occurring within the stream. The current eroded stream
banks will be eliminated.
Feel free to contact me if you have any questions regarding the attached PCN.
Thanks,
?A+ dzww
Jennifer L Robertson
Copies To:
Mr. Alan Johnson, NC DWQ - Mooresville
Mr. Peter Flynn - Kings Mountain Minerals
ATLAS Environmental Inc
PO Box 882 / 68 Poplar St
Canton, North Carolina 28716
828-712-9205 (m) / 828-648-8801 (o) / 828-648-8802 (f)
www.tatiaseiivi.com
/-VTLAS
ENVIRONMENTAL
AGENT AUTHORIZATION FORM
Department of the Army
Wilmington District, Corps of Engineers
Attn: Ken Jolley, Chief Regulatory Division
PO Box 1890
Wilmington, North Carolina 28402-1890
-and-
NC Division of Water Quality
Attn: Ian McMillan
1650 Mail Service Center
Raleigh, North Carolina 27699-1650 no
I the current landowner of the property identified below, hhereby authorize Atlas Environmenta`I
Inc to act on my behalf as my agent during the processing of permits to impact Wetlands and
Waters of the US that are regulated by the Clean Water Act and the Rivers and Harbors Act.
Federal and State agents are authorized to be on said property when accompanied by Atlas
Environmental Inc staff. Atlas Environmental Inc is authorized to provide supplemental
information needed for permit processing at the request of the Corps or DWQ.
Property Owner of Record: iv\ .4 d VA A T VA 01, e? G,
Project Address: a rc, ?..?,Ct7 S? ,
Project Address: ? C C-9(
Mailing Address: ec) t V
Mailing Address: ?+0?
Phone Number: boil - ? C)o ° ? gu s
Fax Number: n 0 ? } - ?cl 3-7 3
Email Address: _ N"-IyEfi . PJ\,, L1 V\ C" Q?0A ( e C J , C O'V A
Owners Name: kA l? - G
Owners Signature:
Date:
ATLAS Environmental Inc
PO Box 882 / 68 Poplar St
Canton, North Carolina 28716
828-712-9205 (m) / 828-648-8801 (o) / 828-648-8802 (f)
2"11018-5
TF9QG
" W A
Off
7
1 1 > =i
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre-Construction Notification PCN Form
A. Applicant Information
i- ID
1. t
Processing
1 a. Type(s) of approval sought from the
Corps:
®Section 404 Permit El Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: 18 or General Permit (GP) number:
1 c. Has the NWP or GP number been verified by the Corps? ® Yes ? No
1d. Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit
? 401 Water Quality Certification - Express ? Riparian Buffer Authorization
1 e. Is this notification solely for the record
because written approval is not required? For the record only for DWQ 401
Certification:
? Yes ® No For the record only for Corps Permit:

? Yes ® No
1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu
fee program. ® Yes ? No
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below. ? Yes ® No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No
2. Project Information
2a. Name of project: Kings Mountain Minerals, Inc H1 Mine
2b. County: Cleveland
III? L9 U
L9 Y \V[?? 111)
2c. Nearest municipality / town: Kings Mountain
2d. Subdivision name: not within a subdivision FEB 2 4 2011
2e. NCDOT only, T.I.P. or state
project no: not a DOT project DENR -
WON. QV
3. Owner Information
3a. Name(s) on Recorded Deed: Neisler Brothers, Inc. (leased by Kings Mountain Minerals, Inc.)
3b. Deed Book and Page No. 4G and 073
3c. Responsible Party (for LLC if
applicable):
3d. Street address: 102 Concept Drive
3e. City, state, zip: Kings Mountain, North Carolina 28086
3f. Telephone no.: 704-300-3863
3g. Fax no.. 704-739-3731
3h. Email address: [e-mail]
Page 1 of 11
PCN Form -Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from owner)
4a. Applicant is: ? Agent ? Other, specify:
4b. Name: Peter Flynn
4c. Business name
(if applicable): Kings Mountain Minerals, Inc.
4d. Street address: same as above
4e. City, state, zip: same as above
4f. Telephone no.: same as above
4g. Fax no.: same as above
4h. Email address: same as above
5. Agent/Consultant Information (if applicable)
5a. Name: Jennifer L Robertson
5b. Business name
(if applicable): Atlas Environmental Inc
5c. Street address: 68 Poplar Street / PO Box 882
5d. City, state, zip: Canton, North Carolina 28716
5e. Telephone no.: 828-712-9205 / 828-648-8801
5f. Fax no.: 828-648-8802
5g. Email address: [e-mail]
Page 2 of 11
PCN Form - Version 1.3 December 10, 2008 Version
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID): 4-371 24
Latitude: 035.113486N Longitude: -
1 b. Site coordinates (in decimal degrees): 081.242355W
(DD.DDDDDD) (-DD.DDDDDD)
1 c. Property size: +/- 90 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to Long Branch
proposed project:
2b. Water Quality Classification of nearest receiving water:
2c. River basin: Broad
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
The property consists mainly of fields. The majority of the area that was forested has been logged. A narrow riparian
corridor remains along the drainage feature. The surrounding area is primarily an existing mining operation, cattle farms,
and some residential development.
3b. List the total estimated acreage of all existing wetlands on the property:
<0.002 acre (280 linear feet of stream)
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
280 linear feet
3d. Explain the purpose of the proposed project:
To mine mica which will require a permit for stream impacts including excavation and rip-rap.
3e. Describe the overall project in detail, including the type of equipment to be used:
The property will be mined for mica. There is ore (mica) deposits to 60' to 80' under and surrounding the intermittent
stream. Typical construction equipment will be used including trackhoes, bull dozers, and dump trucks.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
® Yes ? No ? Unknown
project (including all prior phases) in the past?
Comments: September 16, 2010 by the Corps
4b. If the Corps made the jurisdictional determination, what type
? Preliminary Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: S&EC
Name (if known): Wendell Overby Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
September 16, 2010 by the Corps and February 3, 2011 by DWQ
5. Project History
5a. Have permits or certifications been requested or obtained for ? Yes ® No ? Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
no permits have been requested or obtained in the past
Page 3 of 11
PCN Form - Version 1.3 December 10, 2008 Version
6. Future Project Plans
6a. Is this a phased project? ? Yes ® No
6b. If yes, explain.
this project is not a phased project; there are no future project plans beyond those being presented
Page 4 of 11
PCN Form - Version 1.3 December 10, 2008 Version
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
? Wetlands ® Streams - tributaries ? Buffers
? Open Waters ? Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a. 2b. 2c. 2d. 2e. 2f.
Wetland impact Type of jurisdiction
number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact
Permanent (P) or (if known) DWQ - non-404, other) (acres)
Temporary T
W1 ? P ? T ? Yes ? Corps
? No ? DWQ
W2 ? P ? T ? Yes ? Corps
? No ? DWQ
W3 ? P ? T ? Yes ? Corps
? No ? DWQ
W4 ? P ? T ? Yes ? Corps
? No ? DWQ
W5 ? P ? T ? Yes ? Corps
? No ? DWQ
W6 ? P ? T ? Yes ? Corps
? No ? DWQ
2g. Total wetland impacts
2h. Comments: there are no wetlands present on site
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a. 3b. 3c. 3d. 3e. 3f. 3g.
Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact
number - (PER) or (Corps - 404, 10 stream length
Permanent (P) or intermittent DWQ - non-404, width (linear
Temporary (T) (INT)? other) (feet) feet)
S1 ®P ? T rip-rap UT Long Branch ? PER
® INT ® Corps
® DWQ 3 30
S2 ®P ? T excavation UT Long Branch ? PER
® INT ® Corps
® DWQ 3 250
S3 ? P ? T ? PER ? Corps
? INT ? DWQ
S4 ? P ? T ? PER ? Corps
? INT ? DWQ
S5 ? P ? T ? PER ? Corps
? INT ? DWQ
S6 ? P ? T ? PER ? Corps
? INT ? DWQ
3h. Total stream and tributary impacts 280'
3i. Comments: feature has not been observed flowing in over two years, only persistent water present is in one scour pool
Page 5 of 11
PCN Form - Version 1.3 December 10, 2008 Version
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a. 4b. 4c. 4d. 4e.
Open water Name of waterbody
impact number - (if applicable) Type of impact Waterbody type Area of impact (acres)
Permanent (P) or
Temporary T
01 ?P?T
02 ?P?T
03 ?P?T
04 ?P?T
4f. Total open water impacts
4g. Comments: no open water present on property
5. Pond or Lake Construction
If and or lake construction proposed, then complete the chart below.
5a. 5b. 5c. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) Upland
Pond ID Proposed use or purpose (acres)
number of pond
Flooded Filled Excavated Flooded Filled Excavated Flooded
P1
P2
5f. Total
5g. Comments: there is no on-line pond or lake proposed
5h. Is a dam high hazard permit required?
? Yes ? No If yes, permit ID no:
5i. Expected pond surface area (acres): none proposed
5j. Size of pond watershed (acres): none proposed
5k. Method of construction: none proposed
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If an impacts require mitigation, then you MUST fill out Section D of this form.
6a.
? Neuse ? Tar-Pamlico ? Other:
Project is in which protected basin? ? Catawba ? Randleman
6b. 6c. 6d. 6e. 6f. 6g.
Buffer impact
number - Reason Buffer Zone 1 impact Zone 2 impact
Permanent (P) or for Stream name mitigation (square feet) (square feet)
Temporary T impact required?
B1 ?P?T ?Yes
? No
B2 ?P?T ?Yes
? No
B3 ?P?T ?Yes
? No
6h. Total buffer impacts
6i. Comments: this project does not occur within a protected buffer
Page 6 of 11
PCN Form - Version 1.3 December 10, 2008 Version
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
The applicant tried to avoid impacts to the stream, however, after additional correspondence with the Corps, DWQ, and DWQ
stormwater it has become apparent that impacting the entire 280' is necessary and cannot be avoided.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
No more than incidental fallback will occur during excavation. The equipment that will be used will be in good working
condition and will not pose a threat to water quality. The stormwater controls that are proposed will eliminate the current
eroding condition of the stream.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State? ® Yes ? No
2b. If yes, mitigation is required by (check all that apply): ® DWQ ? Corps

2c. If yes, which mitigation option will be used for this

project? ? Mitigation bank

®Payment to in-lieu fee program

? Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter) Type Quantity
3c. Comments: there was not a bank available in the Broad River basin
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. ? Yes
4b. Stream mitigation requested: 280 linear feet
4c. If using stream mitigation, stream temperature: ® warm ? cool ?cold
4d. Buffer mitigation requested (DWQ only): square feet
4e. Riparian wetland mitigation requested: acres
4f. Non-riparian wetland mitigation requested: acres
4g. Coastal (tidal) wetland mitigation requested: acres
4h. Comments: the application letter is attached, EEP will make a decision about approval on February 22, 2011
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 7 of 11
PCN Form -Version 1.3 December 10, 2008 Version
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation? ? Yes ® No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.

Zone 6c.
Reason for impact 6d.
Total impact
(square feet)
Multiplier 6e.
Required mitigation
(square feet)
Zone 1 3 (2 for Catawba)
Zone 2 1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
6h. Comments: no buffer mitigation required
Page 8 of 11
PCN Form - Version 1.3 December 10, 2008 Version
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified ? Yes ® No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
? Yes ? No
Comments:
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? < 10 %
2b. Does this project require a Stormwater Management Plan? ? Yes ® No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why: The project does not require a
stormwater management plan based on imperviousness but a DWQ stormwater permit has been applied for as required
through the mining permit application.
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, na rrative description of the plan:
DWQ stormwater has the documentation; the stormwater devices are also shown on the impact maps
? Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan? ® DWQ Stormwater Program
? DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project?
? Phase II
3b. Which of the following locally-implemented stormwater management programs ? NSW
? USMP
apply (check all that apply): ? Water Supply Watershed
? Other:
3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ? No
attached?
4. DWQ Stormwater Program Review
? Coastal counties
? HQW
4a. Which of the following state-implemented stormwater management programs apply ? ORW
(check all that apply):
? Session Law 2006-246
? Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
attached? ? Yes ® No
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements? ® Yes ? No
5b. Have all of the 401 Unit submittal requirements been met? ® Yes ? No
Page 9 of 11
PCN Form -Version 1.3 December 10, 2008 Version
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ? Yes ® No
use of public (federal/state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State ? Yes ? No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
? Yes
? No
letter.)
Comments: no public funds will be used for this project
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after-the-fact permit application? ? Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes ® No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
There will be no sewage disposal required for this project.
Page 10 of 11
PCN Form - Version 1.3 December 10, 2008 Version
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or ? Yes ® No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act ? Yes ® No
impacts?
E] Raleigh
5c. If yes, indicate the USFWS Field Office you have contacted.
? Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
NC Natural Heritage Program Website and Workroom Map / FWS Website
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
Office of Habitat Protection Website
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation ? Yes ® No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
NC State Historic Preservation Website
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? ? Yes ® No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination? Cleveland County GIS / Map Enclosed
Jennifer L Robertson February 20,
2011
Applicant/Agent's Printed Name ' Date
Applicant/Agent
s Signature
(Agent's signature is valid only if an authorization letter from the applicant
is provided.)
Page 11 of 11
PCN Form -Version 1.3 December 10, 2008 Version
Copyriqht (C) 1997, Maptech, Inc
Copyright (C) 1997, Maotech, Inc
Driving Directions from 151 Patton Ave, Asheville, North Carolina to 305 Dixon Dairy R... Page 1 of 3
'. Notes
K
mapquest
Trip to:
305 Dixon Dairy Rd
Kings Mountain, NC 28086-8228
93.04 miles
1 hour 51 minutes
151 Patton Ave Miles Per Miles
T Asheville, NC 28801-2638 Section Driven
* 1. Start out going SOUTH on GROVE ST toward HILLIARD AVE. Go 0.2 Mi 0.2 mi
2. Turn LEFT onto HILLIARD AVE. Go 0.07 Mi 0.3 mi
3. Take the 1 st RIGHT onto ASHELAND AVE. Go 0.5 Mi 0.7 mi
If you reach FEDERAL ALY you've gone a little too far
t ? 4. ASHELAND AVE becomes US-25 S. Go 14.1 Mi 14.8 mi
t ,t ? 5. Merge onto 1-26 E / US-74 E via the ramp on the LEFT.
If
ou reach S CURETON PL
ou've
one about 0
1 miles too far Go 22.0 Mi 36.8 mi
y
y
g
.
6. Take the US-74 E exit, EXIT 67, toward NC-108 / COLUMBUS / Go 0.3 Mi 37.1 mi
RUTHERFORDTON.
r t T 7. Merge onto US-74 E. Go 38.4 Mi 75.5 mi
tt 8. Merge onto W DIXON BLVD. Go 9.2 Mi 84.6 mi
?asT 9. W DIXON BLVD becomes US-74 E. Go 0.9 Mi 85.5 mi
EXIT 10. Take the US-74-BR exit toward MOSS LAKE. Go 0.3 Mi 85.8 mi
r
err
11. Turn RIGHT onto SHELBY RD / US-74-BR E.
Go 1.7 Mi
87.5 mi
12. Turn RIGHT onto KINGS MOUNTAIN BLVD. Go 2.0 Mi 89.6 mi
KINGS MOUNTAIN BLVD is 0.1 miles past LATHAM DR
13. Turn RIGHT onto S BATTLEGROUND AVE / NC-216 S.
S BATTLEGROUND AVE i
0
1
il
t MARGRACE RD Go 2.5 Mi 92.1 mi
s
.
m
es pas
14. Turn RIGHT onto DIXON DAIRY RD. Go 0.3 Mi 92.4 mi
DIXON DAIRY RD is 0.7 miles past MARGRACE RD
http://www.mapquest.com/print?a=app.core.e30475351482b775d5lce7b4 2/15/2011
Driving Directions from 151 Patton Ave, Asheville, North Carolina to 305 Dixon Dairy R... Page 2 of 3
15. Take the 1 st RIGHT to stay on DIXON DAIRY RD. Go 0.6 Mi 93.0 mi
If you are on KILGORE RD and reach KILGORE DR you've gone
about 0.1 miles too far
. 16-305 DIXON DAIRY RD is on the RIGHT. 93.0 mi
If you reach CONCEPT RD you've gone about 0.6 miles too far
305 Dixon Dairy Rd 93.0 mi 93.0 mi
Kings Mountain, NC 28086-8228
http://www.mapquest.com/print?a=app.core.e30475351482b775d51 ce7b4 2/15/2011
Driving Directions from 151 Patton Ave, Asheville, North Carolina to 305 Dixon Dairy R... Page 3 of 3
Total Travel Estimate: 93.04 miles - about 1 hour 51 minutes
Marshall
O
Morganton Hickory
Glen Alpine C C) ' Conover
Weaverville; Mari
on on{:Vie
Woodfin fJ0 j Newton
Black Mountain,?-?==
C-..._ Glenwood
O
Asheville Maiden
Swannanoa
O
will, Biltmore Fores
L ncolnton
O
Rutherfordton
Q? Forest City
Spindale`: 13211
'
- eA stor
oBrevard 25 olumbus 7S.h
{} ``
O a
N,D TH C tiFOLINA
%A ?? South G
O
in Blacksburg Lake Wylie
tiC.P'"??;w• Affney
Boiling Springs
14 km Travelers Rent (ass 4? Cowpens Hickory Grove U JYork
0 3 mi O ?f.W Spartanburg
©2011 MapQuest - Portions ©2011 Intermap
All rights reserved. Use subject to License/Copyright
Directions and maps are informational only. We make no warranties on the accuracy of their content, road conditions or route usability or
expeditiousness. You assume all risk of use. MapQuest and its suppliers shall not be liable to you for any loss or delay resulting from your use
of MapQuest. Your use of MapQuest means you agree to our Terms of Use
http://www.mapquest.com/print?a=app.core.e30475351482b775d51ce7b4 2/15/2011
Driving Directions from [100-189] W Center Ave, Mooresville, North Carolina to 305 Di... Page 1 of 3
?mapquest" r?t'D
Trip to:
305 Dixon Dairy Rd
Kings Mountain, NC 28086-8228
59.85 miles
1 hour 5 minutes
Notes
Union 310 340 450 550 650 750 840
You are here (351)
Experian 310340 450 550 650 750 840
You are here (364)
EgUIFAX 310 340 450 550 650 750 840
You are here (382)
[100-189] W Center Ave Miles Per Miles
T Mooresville, NC 28115 Section Driven
i 1. Start out going SOUTHEAST on W CENTER AVE toward N MAIN Go 0.01 Mi 0.01 mi
ST / NC-152 / LANDIS HWY.
ro 2. Take the 1st RIGHT onto S MAIN ST/ NC-152 / LANDIS HWY.
' Go 0.07 Mi 0.08 mi
If you are on E CENTER AVE and reach N CHURCH ST you
ve gone
about 0.1 miles too far
r 3. Take the 1 st RIGHT onto NC-152 / W MCLELLAND AVE.
' Go 1.0 Mi 1.0 mi
5 If you reach E CATAWBA AVE you
ve gone about 0.2 miles too far
4. Turn SLIGHT LEFT onto NC-150.
NC-150 is 0
1 miles
ast RIDGE BLUFF RD Go 1.9 Mi 2.9 mi
.
p
V t 5. Merge onto 1-77 S via the ramp on the LEFT toward CHARLOTTE. Go 15.8 Mi 18.7 mi
If you are on RIVER HWY and reach ROLLING HILLS RD you've
gone a little too far
UZI
0
6. Merge onto 1-485 S via EXIT 19B toward SPARTANBURG.
Go 11.6 Mi 30.3 mi
QED 7. Take the 1-85 / US-29 / US-74 exit, EXIT 9-10, toward Go 0.4 Mi 30.7 mi
GREENSBORO / SPARTANBURG / WILKINSON BLVD.
6ul
8. Merge onto 1-85 S via EXIT 10B toward GASTONIA /
SPARTANBURG
Go 26.8 Mi 57.4 mi
.
9. Merge onto US-29 S via EXIT 4. Go 1.5 Mi 58.9 mi
10. Turn RIGHT onto DIXON DAIRY RD. Go 0.3 Mi 59.2 mi
DIXON DAIRY RD is 0.7 miles past MARGRACE RD
11. Take the 1st RIGHT to stay on DIXON DAIRY RD.
' Go 0.6 Mi 59.9 mi
If you are on KILGORE RD and reach KILGORE DR you
ve gone
about 0.1 miles too far
12.305 DIXON DAIRY RD is on the RIGHT.
http://www.mapquest.com/print?a=app.core.e30475351482b775d51 ce7b4 2/15/2011
Driving Directions from [100-189] W Center Ave, Mooresville, North Carolina to 305 Di... Page 2 of 3
N If you reach CONCEPT RD you've gone about 0.6 miles too far 59.9 mi
305 Dixon Dairy Rd 59.9 mi 59.9 mi
T Kings Mountain, NC 28086-8228
http://www.mapquest.com/print?a=app.core.e30475351482b775d51 ce7b4 2/15/2011
Driving Directions from [100-189] W Center Ave, Mooresville, North Carolina to 305 Di... Page 3 of 3
Total Travel Estimate: 59.85 miles - about 1 hour 5 minutes
00 y ? --' p5 steaville ? 2q{?,,,?..
Morganton Hickory 4I Cleveland
Glen Alpine 4 4 * Conover Troutman o
QSo
arion?? _ `?on9.Yie 7:?O 4 Salsbu
Newtonry
Glenwood Sherrills I
Maiden oresville e ViTI
7 Kannapolls
fff k?. (
Lincolnton
O
Concord
=i
Rutherfordton
dale aForest City
' <1 Shelby M Holly
,--
Kings Mo• - -cin on-t- Charlie - 1
V
JA O
,iA South Gastonia
Blacksburg Lake Wylie . fa4" `Matthews a
o p 0?1 q, r New Sale
GAlfney Indian Trail
; rin 6p .. 9 to ;}? `=: •,
lA L Fort Mill
us' cn 14kml Hickory Grave oYork / O Monroe Marshviid
C & mi o ¢f q n
©2011 MapQuest - Portions©2011 Intermap
All rights reserved. Use subject to License/Copyright
Directions and maps are informational only. We make no warranties on the accuracy of their content, road conditions or route usability or
expeditiousness. You assume all risk of use. MapQuest and its suppliers shall not be liable to you for any loss or delay resulting from your use
of MapQuest. Your use of MapQuest means you agree to our Terms of Use
http://www.mapquest.conVprint?a=app.core.e30475351482b775d5 l ce7b4 2/15/2011
` Cleveland Co., NC -- Printable Map
Cleveland County, NC
Page 1 of 1
1 5
10618
11476" 5001 60019
10613 71264
6001, 11496
064
10617
10619
10566
9
6
067 11`x1:
4 114]6
399
4 7
10660
136'7 f'.
/4,945
068 1, 6 1 4
2 1 14,5
1 6 6 i t
10620
r ,.
10S 5 59931
s
I 11509
1,4 4 54179 1149v
0 1000ft 2
DISCLAIMER: The information contained on this page is NOT to be construed or used as a "legal description". Map information is
believed to be accurate but accuracy is not guaranteed.
Tax Parcel Map
http://www.webgis.net Anderson & Associates, Inc. http7/www.andassoc.com
http://arcims2.webgis.net/nc/cleveland/printable2.asp 2/15/2011
Cleveland Co., NC -- Printable Map
Cleveland County, NC
Page 1 of 1
DISCLAIMER: The information contained on this page is NOT to be construed or used as a "legal description". Map information is
believed to be accurate but accuracy is not guaranteed.
Aerial Photography (2009)
http://www.webgis.net Anderson & Associates, Inc. http://www.andassoc.com
http://arcims2.webgls.net/nc/cleveland/printable2.asp
2/15/2011
Cleveland Co., NC -- Printable Map
Cleveland County, NC
Page 1 of 1
In
to

DISCLAIMER: The information contained on this page is NOT to be construed or used as a "legal description". Map information is
believed to be accurate but accuracy is not guaranteed.
2' Contour Map (2007)
http://www.webgis.net Anderson & Associates, Inc. httpJ/www.andassoc.com
http://arcims2.webgis.net/nc/cleveland/printable2.asp 2/15/2011
Cleveland Co., NC -- Printable Map
Cleveland County, NC

k
~?1
i

X
0 4000

Page 1 of 1
Map Legend
f f Arterial Roads
E] Parcels
Streams
Flood Zones
AEFW
AE
A
? SHADED X
Labels: Flood Zones
Labels: Arterial
Roads
DISCLAIMER: The information contained on this page is NOT to be construed or used as a "legal description". Map information is
believed to be accurate but accuracy is not guaranteed.
Flood Zone Map
http://www.webgis.net Anderson & Associates, Inc. http://www.andassoc.com
http://arcims2.webgis.net/nc/cleveland/printable2.asp 2/15/2011
Cleveland Co., NC -- Printable Map
Cleveland County, NC

l:
'?F.1aB? Ur
4 _ y
1t
41
----x?
1A 51
8
ApC
f' 11496
i! I m C B2 H tC by
11495 1
59931
?.\ pB
, ? ? r ?11«i9u
11508
i
`t000ft ;'` ?i ti '?
http://arcims2.webgis.net/nc/cleveland/printable2.asp
Page 1 of 3
2/15/2011
Cleveland Co., NC -- Printable Map Page 2 of 3
Map Legend
,Af Arterial Roads
Parcels
Streams
Soil Types
APB
D APC
D 0.8
D Ca02
D Ca0
D ChA
D CPD
? CPE
CrF
D DAM
D 0.8
D EvD
D EvE
D EwF
D GrD
D GYE
D 11.0
O IIhB
D Inc
D IIuc
11.0
MaB2
D MaC2
D MbB2
McC2
D Mna
MaE
D PaC2
O PaD2
D PnB2
PnC2
D P4D2
D PaD
D Pro
D Prc
O PSB2
PsC2
D Pi D
D -
D Pw
D RaE
D RnE
D?
o SaD
D 1.8
Tac
Tab
D ToA
o UeC
D Ur
0 U, R
f-1 Uue2
http://arcims2.webgis.net/nc/cleveland/printable2.asp 2/15/2011
NC DENR - DIVISON OF WATER QUALITY
.0306 BROAD RIVER BASIN
2B .0300
Class
Name of Stream Description Class Date Index No.
Boween River From source to North C 03/01/63 9-52
Carolina-South Carolina
State Line
Wylies Creek From source to North C 08/03/92 9-52- 1
Carolina-South Carolina
State Line
Buffalo Creek From source to a point 0.3 WS- III 08/03/92 9-53- (1)
mile upstream of Long Creek
Little Creek From source to Buffalo Creek WS -III 08/03/92 9-53- 1.3
Glenn Creek From source to Little Creek WS -III 08/03/92 9-53- 1.3-1
Little Buffalo Creek From source to Buffalo Creek WS -III 08/03/92 9-53- 2
Long Branch From source to Buffalo Creek WS -III 08/03/92 9-53- 2.3
Suck Creek From source to Buffalo Creek WS -III 08/03/92 9-53- 2.7
Buffalo Creek (Kings From a point 0.3 mile WS -III;CA 08/03/92 9-53- (2.9)
Mountain Reservoir) upstream of Long Creek to
dam at Kings Mountain
Reservoir, Buffalo Creek
Long Creek From source to a point 0.3 WS -III 08/03/92 9-53- 3-(1)
mile upstream of mouth
Long Creek From a point 0.3 mile WS -III;CA 08/03/92 9-53- 3-(2)
upstream of mouth to
Buffalo Creek
Whiteoak Creek From source to a point 0.7 WS -III 08/03/92 9-53- 4-(1)
mile upstream of mouth
Whiteoak Creek From a point 0.7 mile WS -III;CA 08/03/92 9-53 -4-(2)
upstream of mouth to Kings
Mountain Reservoir, Buffalo
Creek
Buffalo Creek From dam at Kings Mountain C 08/03/92 9-53 -(5)
Reservoir to North
Carolina-South Carolina
State Line
Muddy Fork From source to Buffalo Creek C 09/01/74 9-53 -6
Gilliam Creek From source to Muddy Fork C 03/01/77 9-53 -6-1
Persimmon Creek From source to Muddy Fork C 09/01/74 9-53 -6-2
Little Persimmon Creek From source to Persimmon C 09/01/74 9-53 -6-2-1
Creek
Potts Creek (Pilot Branch) From source to Muddy Fork C 09/01/74 9-53 -6-3
Roberts Branch (Does Lake) From source to Dam at Joes B 03/01/63 9-53 -7-(1)
Lake
Roberts Branch From Dam at Joes Lake to C 03/01/63 9-53 -7-(2)
Buffalo Creek
Beason Creek From source to Buffalo Creek C 09/01/74 9-53-8
Long Branch From source to Beason Creek C 09/01/74 9-53-8-1
Wolf Branch From source to Long Branch C 09/01/74 9-53 -8-1-1
Jakes Branch From source to Buffalo Creek C 03/01/63 9-53 -9
Lick Branch From source to Buffalo Creek C 09/01/74 9-53 -11
Page 16 of 19 2011-02-12 07:20:40
L-IW aroPoo 'oul `slejougN uiejunolN sbuiN ua!rj
3N `IC4unoo puelanal[) :UOWOOI
fIjE)dOJd IH MI :138lad
- Ilejanp - delN joedwl :deal
L L-B L-a .area aaa4S .00E L .ales
uimmesepe'n wA • 6098 - eb9 - 8a8
9 6LBZ ON 'uc4ue3 Z Jeldod 89
1b1N31MNOaIAN
w
deH-diEj,0C - uoijeneox3,05a
youej8 Buo-1 oaln
mG.IA ueld Ilej8Ao - dew pedwl
6
e
i?N 0,
! U.1
J_
u. a l
ON
l \,
I LU
ll Wit
as
I Y Q
- \.
in ?wv)
\ n V?, ce En
I x 4 LLJ
LLI
\ \
Z ?ww ?
J 0
0 <
QOM
n
? IX iL ?? -
W
N
i
P
OR.
/
` fill
z LXU
~o
W N
f ^ fV Z
o
W N
N N Z Q
Q q
=F. NCL V O
2
i a
_ as N
'o ?M

WZ
?
a
F >

0

F\ \ y
TLAS
VIRONMENTAL
68 Poplar St Canton, NC 28716
828 - 648 - 8801 - wvvw.atiasenvi.com
Scale: 111 = 60' Sheet: Date: 2-1 S-1 1
Map: Impact Map -Close Up
Project: KM HI Property
Location: Cleveland County, NC
Client: Kings Mountain Minerals, Inc. Code: IKMMI-1000
APPROVED JURISDICTIONAL DETERMINATION FORM
U.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
SECTION I: BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): February 1, 2011
B. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington, Asheville Field Office, H1 Kings Mountain Mine, SAW 2010-
01173
C. PROJECT LOCATION AND BACKGROUND INFORMATION:
State:North Carolina County/parish/borough: Cleveland City: Kings Mountain
Center coordinates of site (]at/long in degree decimal format): Lat. 035.113486° N, Long. 081.242355° W.
Universal Transverse Mercator:
Name of nearest waterbody: UT to UT to Long Branch
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Broad River (TNW starts in South
Carolina)
Name of watershed or Hydrologic Unit Code (HUC): Broad River Basin - (03050105)
® Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request.
? Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a
different JD form.
D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
? Office (Desk) Determination. Date:
® Field Determination. Date(s): February 1, 2011
SECTION II: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There Are no "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the
review area. [Required]
? Waters subject to the ebb and flow of the tide.
? Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce.
Explain:
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
There Are "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required]
1. Waters of the U.S.
a. Indicate presence of waters of U.S. in review area (check all that apply): 1
? TNWs, including territorial seas
? Wetlands adjacent to TNWs
? Relatively permanent waters (RPWs) that flow directly or indirectly into TNWs
® Non-RPWs that flow directly or indirectly into TNWs
? Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
? Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
? Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs
? Impoundments of jurisdictional waters
? Isolated (interstate or intrastate) waters, including isolated wetlands
b. Identify (estimate) size of waters of the U.S. in the review area:
Non-wetland waters: 280 linear feet: 3 width (ft) and/or 0.02 acres.
Wetlands: 0.09 acres.
c. Limits (boundaries) of jurisdiction based on: 1987 Delineation Manual
Elevation of established OHWM (if known): 880.26' to 885.63'.
2. Non-regulated waters/wetlands (check if applicable):3
? Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional.
Explain:
' Boxes checked below shall be supported by completing the appropriate sections in Section Ill below.
Z For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
3 Supporting documentation is presented in Section III. F.
SECTION III: CWA ANALYSIS
A. TNWs AND WETLANDS ADJACENT TO TNWs
The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete
Section III.A.1 and Section III.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2
and Section HI.D.1.; otherwise, see Section IILB below.
1. TNW
Identify TNW:
Summarize rationale supporting determination:
2. Wetland adjacent to TNW
Summarize rationale supporting conclusion that wetland is "adjacent":
B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps
determine whether or not the standards for jurisdiction established under Rapanos have been met.
The agencies will assert jurisdiction over non-navigable tributaries of TNWs where the tributaries are "relatively permanent
waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3
months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round
(perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow,
skip to Section III.D.4.
A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and
EPA regions will include in the record any available information that documents the existence of a significant nexus between a
relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even
though a significant nexus finding is not required as a matter of law.
If the waterbody° is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the
waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is
the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.1 for
the tributary, Section III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite
and offsite. The determination whether a significant nexus exists is determined in Section III.C below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: +/-200 acres
Drainage area: +/-57 acres
Average annual rainfall: 48 inches
Average annual snowfall: 6 inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
? Tributary flows directly into TNW.
® Tributary flows through 4 tributaries before entering TNW.
Project waters are 15-20 river miles from TNW.
Project waters are 1(or less) river miles from RPW.
Project waters are 10-15 aerial (straight) miles from TNW.
Project waters are 1 (or less) aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain: no.
Identify flow route to TNW5: UT to UT to Long Branch to Beason Creek to Buffalo Creek to South Carolina to Broad
River.
4 Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and
West.
s Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW.
Tributary stream order, if known: first.
(b) General TributM Characteristics (check all that apply):
Tributary is: ® Natural
? Artificial (man-made). Explain:
? Manipulated (man-altered). Explain:
Tributary properties with respect to top of bank (estimate):
Average width: 3 feet
Average depth:.5 feet
Average side slopes: Vertical (1:1 or less).
Primary tributary substrate composition (check all that apply):
® Silts ? Sands ? Concrete
® Cobbles ? Gravel ? Muck
? Bedrock ? Vegetation. Type/% cover:
® Other. Explain: clay.
Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain: highly eroding, sloughing banks.
Presence of run/riffle/pool complexes. Explain: very little.
Tributary geometry: Relatively straight
Tributary gradient (approximate average slope): <5 %
(c) Flow:
Tributary provides for: Intermittent but not seasonal flow
Estimate average number of flow events in review area/year: 1
Describe flow regime: only during large enough storm events.
Other information on duration and volume: property owners have not observed flow in two years of working there.
Surface flow is: Overland sheetflow. Characteristics: during storm events.
Subsurface flow: Unknown. Explain findings:
? Dye (or other) test performed:
Tributary has (check all that apply):
® Bed and banks
® OHWM6 (check all indicators that apply):
? clear, natural line impressed on the bank
? changes in the character of soil ?
? shelving ?
? vegetation matted down, bent, or absent ?
? leaf litter disturbed or washed away
? sediment deposition ?
? water staining ?
? other (list):
E] Discontinuous OHWM.' Explain:
the presence of litter and debris
destruction of terrestrial vegetation
the presence of wrack line
sediment sorting
scour
multiple observed or predicted flow events
abrupt change in plant community
If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply):
? High Tide Line indicated by: ? Mean High Water Mark indicated by:
? oil or scum line along shore objects ? survey to available datum;
? fine shell or debris deposits (foreshore) ? physical markings;
? physical markings/characteristics ? vegetation lines/changes in vegetation types.
? tidal gauges
? other (list):
(iii) Chemical Characteristics:
Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.).
Explain: water only present in one scour pool during three site visits was clear; water present in one additional scour pool
during one site visit within 24 hours of.6" rain event was muddy.
Identify specific pollutants, if known: none.
6A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow
regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break.
'Ibid.
(iv) Biological Characteristics. Channel supports (check all that apply):
® Riparian corridor. Characteristics (type, average width): thinned, logged, average of 10' wide.
? Wetland fringe. Characteristics:
? Habitat for:
? Federally Listed species. Explain findings:
? Fish/spawn areas. Explain findings:
? Other environmentally-sensitive species. Explain findings:
? Aquatic/wildlife diversity. Explain findings: macroinvertebrates.
2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW
(i) Physical Characteristics:
(a) General Wetland Characteristics:
Properties:
Wetland size:0acres
Wetland type. Explain:
Wetland quality. Explain:
Project wetlands cross or serve as state boundaries. Explain:
(b) General Flow Relationship with Non-TNW:
Flow is: Pick List. Explain:
Surface flow is: Pick List
Characteristics:
Subsurface flow: Pick List. Explain findings:
? Dye (or other) test performed:
(c) Wetland Adjacency Determination with Non-TNW:
? Directly abutting
? Not directly abutting
? Discrete wetland hydrologic connection. Explain:
? Ecological connection. Explain:
? Separated by berm/barrier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands are Pick List river miles from TNW.
Project waters are Pick List aerial (straight) miles from TNW.
Flow is from: Pick List.
Estimate approximate location of wetland as within the Pick List floodplain.
(ii) Chemical Characteristics:
Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed
characteristics; etc.). Explain:
Identify specific pollutants, if known:
(iii) Biological Characteristics. Wetland supports (check all that apply):
? Riparian buffer. Characteristics (type, average width):50.
? Vegetation type/percent cover. Explain:
? Habitat for:
? Federally Listed species. Explain findings:
? Fish/spawn areas. Explain findings:
? Other environmentally-sensitive species. Explain findings:
? Aquatic/wildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary (if any)
All wetland(s) being considered in the cumulative analysis: Pick List
Approximately ( 0 ) acres in total are being considered in the cumulative analysis.
For each wetland, specify the following:
Directly abuts? (Y/N) Size (in acres) Directly abuts? (Y/N) Size (in acres)
Summarize overall biological, chemical and physical functions being performed:
C. SIGNIFICANT NEXUS DETERMINATION
A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed
by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity
of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent
wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW.
Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow
of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent
wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or
outside of a floodplain is not solely determinative of significant nexus.
Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and
discussed in the Instructional Guidebook. Factors to consider include, for example:
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to
TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and
other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that
support downstream foodwebs?
• Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or
biological integrity of the TNW?
Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented
below:
1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain
findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D:
2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into
TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its
adjacent wetlands, then go to Section III.D:
3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of
presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to
Section III.D:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
? TNWs: linear feet width (ft), Or, acres.
? Wetlands adjacent to TNWs: acres.
2. RPWs that flow directly or indirectly into TNWs.
? Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that
tributary is perennial: Observed flow during drought year. definite bed and bank, and substrate.
? Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are
jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows
seasonally:
Provide estimates for jurisdictional waters in the review area (check all that apply):
? Tributary waters: linear feet width (ft).
? Other non-wetland waters: acres.
Identify type(s) of waters:
Non-RPWss that flow directly or indirectly into TNWs.
ED Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a
TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C.
Provide estimates for jurisdictional waters within the review area (check all that apply):
? Tributary waters: linear feet width (ft).
? Other non-wetland waters: acres.
Identify type(s) of waters:
Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
? Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands.
? Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale
indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is
directly abutting an RPW:
? Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is
seasonal in Section 111.13 and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly
abutting an RPW:
Provide acreage estimates for jurisdictional wetlands in the review area: 0.09acres.
Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs.
? Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent
and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this
conclusion is provided at Section III.C.
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and
with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this
conclusion is provided at Section III.C.
Provide estimates for jurisdictional wetlands in the review area: acres.
Impoundments of jurisdictional waters.9
As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional.
? Demonstrate that impoundment was created from "waters of the U. S.," or
? Demonstrate that water meets the criteria for one of the categories presented above (1-6), or
? Demonstrate that water is isolated with a nexus to commerce (see E below).
E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY
SUCH WATERS (CHECK ALL THAT APPLY):10
? which are or could be used by interstate or foreign travelers for recreational or other purposes.
? from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
? which are or could be used for industrial purposes by industries in interstate commerce.
? Interstate isolated waters. Explain:
? Other factors. Explain:
Identify water body and summarize rationale supporting determination:
'See Footnote # 3.
v To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook.
10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for
review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos.
Provide estimates for jurisdictional waters in the review area (check all that apply):
? Tributary waters: linear feet width (ft).
? Other non-wetland waters: acres.
Identify type(s) of waters:
Wetlands: acres.
F. NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
? If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers
Wetland Delineation Manual and/or appropriate Regional Supplements.
? Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce.
? Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the
"Migratory Bird Rule" (MBR).
? Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain:
? Other: (explain, if not covered above):
Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR
factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional
judgment (check all that apply):
? Non-wetland waters (i.e., rivers, streams): linear feet width (ft).
? Lakes/ponds: acres.
? Other non-wetland waters: acres. List type of aquatic resource:
? Wetlands: acres.
Provide acreage estimates for non-jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such
a finding is required for jurisdiction (check all that apply):
? Non-wetland waters (i.e., rivers, streams): linear feet, width (ft).
? Lakes/ponds: acres.
? Other non-wetland waters: acres. List type of aquatic resource:
? Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked
and requested, appropriately reference sources below):
® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant:
? Data sheets prepared/submitted by or on behalf of the applicant/consultant.
? Office concurs with data sheets/delineation report.
? Office does not concur with data sheets/delineation report.
? Data sheets prepared by the Corps:
? Corps navigable waters' study:
? U.S. Geological Survey Hydrologic Atlas:
? USGS NHD data.
? USGS 8 and 12 digit HUC maps.
? U.S. Geological Survey map(s). Cite scale & quad name:
? USDA Natural Resources Conservation Service Soil Survey. Citation:
? National wetlands inventory map(s). Cite name:
? State/Local wetland inventory map(s):
? FEMA/FIRM maps:
? 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
? Photographs: ? Aerial (Name & Date):
or ? Other (Name & Date):
® Previous determination(s). File no. and date of response letter:SAW 2010-01173; October 21, 2010.
? Applicable/supporting case law:
? Applicable/supporting scientific literature:
? Other information (please specify):
B. ADDITIONAL COMMENTS TO SUPPORT JD:
NC DWQ Stream Identification Form Version 4.11
Date: Project/Site: Latitude:
Evaluator.'! " County Longitude:

Total Points.
Stream Determination (circle one) Other
Stream is at least intermittent =--

'
Ephemeral
Intermitterit Perennial
e.g
Quad Name:
if z 19 or perennial if
>_ 30
a . .
A. Geomorphology (Subtotal = Absent Weak Moderate Strong
1a Continuity of channel bed and bank 0 1 2 3
2. Sinuosity of channel along thalweg 0 1, 2 3
3. In-channel structure: ex. riffle-pool, step-pool,
ripple-pool sequence 0 1 2 3
4. Particle size of stream substrate 0 1
" 2 3
5. Active/relict floodplain 0 1 2 3
6. Depositional bars or benches 0 1 2 3
7. Recent alluvial deposits 0 1 2 3
8. Headcuts 0 1 2 3'
9. Grade control 0 0.5 1 1.5
10. Natural valley 0 0 5 1 1.5
11. Second or greater order channel No = 0 Yes = 3
artificial ditches are not rated; see discussions in manual
B. Hydrology (Subtotal =
12. Presence of Baseflow 0 1 2 3
13. Iron oxidizing bacteria 0 1 _2 _ 3
14. Leaf litter 1.5 1 0.5 0
15. Sediment on plants or debris 0 0.5 1 1.5
16. Organic debris lines or piles 0 0 0.5 `1 1.5
17. Soil-based evidence of high water table? No = 0 - Yes = 3
L. biology (Subtotal =
18. Fibrous roots in streambed 3. ' 2 1 0
19. Rooted upland plants in streambed 3 .' 2 1 0
20. Macrobenthos (note diversity and abundance) 0 A 2 3
21. Aquatic Mollusks 0 1 2 3
22. Fish 0 0.5 1 1.5
23. Crayfish 0 0.5 1 1.5
24. Amphibians 0 0.5 1 1.5
25. Algae 0 0.5 1 1.5
26. Wetland plants in streambed FACW = 0.75; OBL = 1.5 Other = 0
'perennial streams may also be identified using other methods. See p. 35 of manual.
Notes:

Sketch: -
l-
Ir
r

r
r?
Ecosystem
PROGRAM
February 22, 2011
Peter Flynn
Kings Mountain Minerals
102 Concept Drive
Kings Mountain, NC 28056
Project: HI Kings Mountain Mine
Expiration of Acceptance: November 22, 2011
County: Cleveland
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to accept
payment for impacts associated with the above referenced project. Please note that this decision does not assure that the payment will
be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact these
agencies to determine if payment to the NCEEP will be approved. You must also comply with all other state, federal or local
government permits, regulations or authorizations associated with the proposed activity including SL 2009-337: An Act to Promote
Compensatory Mitigation by Private Mitigation Banks.
This acceptance is valid for nine months from the date of this letter and is not transferable. If we have not received a copy of the
issued 404 Permit/401 Certification/CAMA permit within this time frame, this acceptance will expire. It is the applicant's
responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice will be issued based
on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the In
Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at www.ticeep.net.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the following
table.
River
Basin CU
Location Stream (feet) Wetlands (acres) Buffer I
(Sq. Ft.) Buffer II
(Sq. Ft.)
Cold Cool Warm Riparian Non-Riparian Coastal Marsh
Impact Broad 03050105 0 0 280 0 0 0 0 0
Credits Broad 03050105 0 0 Up to
560 0 0 0 0 0
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies require
mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional mitigation, the
applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. The mitigation will be performed
in accordance with the N.C. Department of Environment and Natural Resources' Ecosystem Enhancement Program In-Lieu Fee
Instrument dated July 28, 2010.
If you have any questions or need additional information, please contact Kelly Williams at [phone].
cc: Ian McMillan, NCDWQ Wetlands/401 Unit
Tyler Crumbley, USACE-Asheville
Alan Johnson, NCDWQ-Mooresville
Jennifer Robertson, agent
File
Sincerely,
William D. Gilmore, PE
Director
1Znsto?r ... Egha"... Prot-" 0w State
?p?Aw
REISENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
Kings Mountain Minerals, Inc.
H1 Mica Mine
Photograph Descriptions
On-Site
Photograph 1: Looking downstream toward flag 1 and property line. Photograph
was taken in August 2010. There is rooted vegetation in stream bed.
Photograph 2: Looking upstream at flag 2. Photograph was taken in August
2010. There is rooted vegetation in stream bed.
Photograph 3: Looking upstream at flag 2. Photograph was taken in January
2011. There is evidence of rooted vegetation in stream bed. No flow.
Photograph 4: More evidence of rooted vegetation in stream bed and leaf litter.
Photograph was taken in January 2011. There has not been a flow event since
the leaves fell in the fall of 2010.
Photograph 5: Scour pool at flag 11. Photograph was taken in January 2011.
This scour pool was the only water present during the January field evaluation.
The clay content of the soil has caused this scour pool to be perched and not
drain quickly after storm events.
Photograph 6: Scour pool at flag 12. This photograph was taken in August 2010.
This was the location of the DWQ data form completed in early February 2011
(data form is enclosed).
Photograph 7: Scour pool at flag 12. This photograph was taken in January
2011. This scour pool was the location of the enclosed DWQ data form. The
substrate is mostly clay soil with heavy leaf litter from the fall of 2010.
Photograph 8: Feature has eroding banks that actively erode during storm
events. The soil colors are not an indication of hydric conditions but rather the
parent material (saprolite).
Off-Site
Photograph 9: Looking downstream off property from flag 1. Here is additional
evidence of eroding banks but no hydrology.
Photograph 10: Further downstream showing eroding banks.
Photograph 11: Continuing downstream. Bed elevation goes up hill at several
reaches.
Photograph 12: Lots of leaf litter from the fall. No flow events during winter.
Photograph 13: Continuing downstream.
Photograph 14: Trash and leaves completely fill drainage feature.
Photograph 15: More trash and leafs piles filling feature.
Photograph 16: More evidence that feature has not had a flow event since the
leaves fell in the fall of 2010.
Photograph 17: Further downstream, some evidence of storm event flow in this
short reach.
Photograph 18: Further downstream; more evidence of trash and leaves.
Photograph 19: Further downstream close to where bedrock surfaces.
Photograph 20: Bedrock present. This is where the feature intersects
groundwater more than 300' downstream of H1 mine property.
Photograph 21: Further downstream. Flow present.
Photograph 22: Typical stream substrate and stable banks.
Photograph 23: Near confluence with UT to Long Branch.

w 1 1-1 -
1 1,
P4
,Y.sI � M -
'JEW,
41

¦

Off-Site Photographs
't.
i7`a l
r
f 1141 7 • r.
�
n�•'Y`.- .;err .�n '�"�\T � a kF�z G��• �� - ;�
1 �
.�� : - �•'�^bili r � i�v � x. �.; ,S• y'' f�
R
y � %•, . ��. •lilt's : a �., ; T ::. �'C � i;��•_iT'� ''..
,
Ito
� .. .; ...—. �•-ter,. :. ) q
e
vrF ,'�`�`Y^t�!'eg1N���gr ��•' ���tt�,N' + t\; r�• � ,II

Vi �-4'! � z �?r

pit- 4
w
AZ
If
ft
n
S
•7
ri
i
r. s
f;
// / �; ♦ = v
-'Pty,
44
wl-
Al
'I / ` �/?� *�• � ` ���+1� ,'�`Y'F mit .� �": �jn a ,�i'R `4" M`
'•� �`♦ii I�' "�^�~ lig � µ ! w� �' t� � � =�,y„ ,�tiw%,.,
s. " 1 •y t r
/' •..,, S 'ly, 3 ��� +�+.s ,.fit F'. T � \' R � � #
y
���^ ' r ♦ ,. 1
•� \ \ ..ride a�,+ 'li ,F. ', �.
„

LP
Ow.
.ate. . . . . . . . . . .
r.
NX
_jk,
so
OF
VOW
. It"
- tv"

lei(
—44-
St'd,

{ ti
111 ><:T ?????? ? -
lV 4

.1L1?? `? 1
f' w}.:?. ' ??y?. tit •?' -
r I

¦

��,. rte• . ' . , :'� _ t +
1 -
.1:i'�, , �,� J. �. 4�fT•+�,1 F �� ,. ��. ��•a.4�,.. ,�i� r 1R. 4 +.
1 '
All
IN
AV
.. t �� " .' ,. of ��� Ty.—� r 2++ F� ) ' �..1• � � t,>'bt 1 •�f�/�1 � � �� �' '�,.
AL
i40a
. ��if < <� � � ` .._ •� � ,r it k� �� � �\(� 'i.,.� � �,i �'
AI•Yx I 9'•
y _
�t� + "" � 1 / 1"` � yr fn '... �� i�`'� t S) � 1 `�i'y Y �T'♦� � (II j��" �f 1• � \' . i � � � J y �; a'•.�•.�

�r i � � • � � � .. � , yam'----.� �' • .. - ,
a.
r�
I It
. 1 r..
IALN
w�, �s a f`'"� • ' $se , � �, � ' -"� . p �r 4atr �' I • � y � � alb
♦A.
� ,yam 1 R• .,���,,'i+f. '�i` � � �. >
4!
%•ala. .,�, .. \ / ,. �•
14,
��� �" Y � '� a � ' q �. ��, � •. `4 �' 11

f
1�E11 M
T.
;�,� ,r'i' � +e _ .� y,, .*�� tit, •'� �;`"� � •
Ir" a4kiv.
��'� ������"► ` �, it �! ��t r.a � r� T .. � } i
,r ,.. V � I '.%#?mss ,� �. � •yin ��.vate? � .
r
k � `� � � �` `il � �• 1. "at i '
. JA g i 1, � �• ,a 1•..E f , . w J Ji. t�/ -

;e � � .,. / ,�`��.}� •fir ,''�� .1 , t . �
r
,'mss ✓ �° � '° '�'�� r.� -� , ` •fir . ' �.;' ,r}
rV.10-1,�/ :•
.w .�... t. +'P�� t •�� J 511,. � �. n�.. .
19
ww-
10*
t ,F`
f
' � = `=--_ •-\� may' �` ; �, � _ .4
I
JO�
R r
A� Y
r ' y
,
4

J'
~'rsJ ~

c ~ ~ ~ a
~
1 _ ,\,o ~ \N
~ ! ~
SEDIMENT BRSIN-2 ~ g " ' ~ ~
(SB-2) 1.15ACRES~, ~
~ i _ I
_ ~ '
SEDIMENT BASIN-i I~ . \ ~ I ~
(S&i) 2.09 ACRE ((l~ \ ~
1 ~ / ~ ~
u e-~/ III 9~4 P ~
1~
F ~ ~ f 0 i t ~
I i i ~ i I
- - -7---• ,
~~o--~ / ~
~ - i ~ , 4
~ 1 _ ~ ~
- T o~. ~
I i~ i S OCKPILE i
\ 1~ACRES ~ STOC BILE' ~~3-
~ ,a ~ _ y\ ~ ~ ~ , so~~2~
~ `~o~' OC{~R,ILE 2~,
1. ACRES ~ ~ HEAVY F
-~9z~ 1. ULTIIMATE PHASE ~ ~ \ p ~ ~ EQUIPMENJ F
~~'P,ARKING ~ 150'X80'
OF EXCAVATION \ ~ \ / / \ W
~ ~ ` /
/ ~ \ ~ Sp, /
\ \ ~ , - ~ ~ N3 - _ - ~ ~
. ~ V
~
V ~ ~ ~ ~
i r Q' i
~ ~ r~~ ~ i ~ \ !i /
\ ~ / / \ \
s w ~ / 6 - i
' . \
~ r'
IMPACT-S1 ~ r, ® , ~~l/ (J
` _
30' RIP-RAP \ ~ ~ ~ ~ ,
~ ~ \
9oa ~ ~i~ < _ e5a~
~ - ~ ~ ~

IMPACT - S2 ~ S~ ~
250' EXCAVATION g'~ ~ \
c ~ ~ a
< ~ ~ _ _ f~ _ ~ \
s
\ ~ TE PORARY OVERBUR EN \ \ q~%
~ STOCKPbLE #2 G PR 5 ACRES -P S ,r
FE \ I /
\ j
TEMPOR URDEN f-~ ~ /
~ ~ TOCKPILE #1 93 ~ ~
~ ~ 7.39 ACRES ~ ~ ,>o
N
~ / / /

/ ~
` / j . w
u
/ ~ .
/ /p
1~~
ULTIMATE PHASE 7^~^ ~ S V Z~
~~30--- ~ % OF EXCAVATION
~T
ar x T~
x x x~~^
i /
i
I / o~

/
Sealy 1" =140' Sheet; Date: 2-18-11
j Map: Impact Map - Overall
140 560 V
ENVIRONMENTAL Project: KM HI Property
68 Poplar St Canton, NC 28716 iocaaon: Cleveland County, NC
0 280 ° s2s sns-8801 a wwwzdasermi.com Client Kings Mountain Minerals, Inc. Code:IKMMI-1000