20120632 Ver 1_401 Application_20120628

year a Ler
C1earWater Environmental Consultants Inc
www cwenv corn
June 26 2012
Ms Tasha McCormick
US Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue Room 208
Asheville North Carolina 28801 2638
Mr Ian McMillan
NC Division of Water Quality
1650 Mail Service Center
Raleigh North Carolina 27699
RE Ummm Corporation
West School House Mine
Avery County, North Carolina
Corps Action ID 2011 01762
Ms McCormick and Mr McMillan
i
JUN 2 8 2012
DENR WATER QUAL TY
The attached Individual Permit application is being submitted on behalf of the Unimm
Corporation represented my Mr Rolf Pippert The Unimin Corporation is seeking permit
authorization for impacts associated with expansion of a mine pit at the West School House Mine
in Avery County North Carolina
Should you have any questions regarding the attached permit application and supplemental
information please do not hesitate to contact me at 828 698 9800 A copy of this package has
been sent to Mr David McHenry of the NC Wildlife Resources Commission and Mr Bryan
Tompkins of the US Fish and Wildlife Service for review A copy of this application has also
been submitted to the NC Division of Water Quality Asheville Regional Office
Respectfully
Rebekah L Newton
Project Biologist
e(e�i&nent Ri dle P
Pnncipal
Copy Furnished
NC Division of Water Quality Asheville Regional Office — Linda Wiggs
NC Wildlife Resources Commission — David McHenry
US Fish and Wildlife Service — Bryan Tompkins
224 South Grove Street Suite F
Hendersonville NC 28792
828 698 9800 TO
828 698 9003 Fax

Individual Permit Application for
U S Army Corps of Engineers
Section 404 Permit
North Carolina 401 Water Quality Ceri
June 2012
Applicant
Attn Rolf Pippert
P O Bog 588
7638 Highway 226 South
Spruce Pine, NC 28777
Project
West School House Nine Expansion
Prepared by
C1earWater Environmental Consultants, Inc
224 South Grove Street, Suite F
Hendersonville, North Carolina 28792
828 - 698 -9800
20120632
ED
WE;
JUN 2 8 2012

Corps Submittal Cover Sheet
Please provide the following info
1 Project Name Ummm Corporation, West School House Mine Expansion
2 Name of Property Owner /Applicant Ummm Corporation
3 Name of Consultant/Agent C1earWater Environmental Consultants
*Agent authonuthon needs to be attached
4 Related/previous Action ID numbers(s) 2011 01762
5 Site Address US Highway 226
6 Subdivision Name n/a
7 City Spruce Pine
8 County Avery
9 Lat 35 951697N Long 81 989184W (Decimal Degrees Please
10 Quadrangle Name Spruce Pine
11 Waterway UT Brushy Creek
12 Watershed Nolichucky 06010108
13 Requested Action
Nationwide Permit #_
_ General Permit #
X Individual Permit
Jurisdictional Determination Request
Pre Application Request
The following information will be completed by the 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

Adjoining Property Owners
Nikki and Jeffrey Boone
PO Box 526
Belmont North Carolina 28012
Michael Biggerstaff
112 Pine Grove Road
Spruce Pine, North Carolina 28777
Wilma Heaton
PO Box 315
Spruce Pine North Carolina 28777
Terry Lee and Melanie Burse
1643 Brushy Creek Road
Spruce Pine, North Carolina 28777
George Pittman
54 Sky Hook Lane
Spruce Pine North Carolina 28777
Linda Hurd
PO Box 236
Jonas Ridge, North Carolina 28641
Vivian Phillips
7997 S US Hwy 19E
Newland, North Carolina 28657
Frank and Vivian Phillips
55 Altapass Road
Spruce Pine, North Carolina 28777
Kenneth Hughes
165 Huffman Lane
Spruce Pine North Carolina 28777
Mt Calvary Freewill Baptist Church
80 Brushy Creek Road
Spruce Pine, North Carolina 28777
Elmer Erickson Farm, LLC
c/o Rebecca Erickson
142 Spring Hill Road
Skillman New Jersey 85580
Frank Arnett
417 Pine Grove Road
Spruce Pine, North Carolina 28777
Weatherman of Spruce Pine
152 Conrad Lane
Spruce Pine, North Carolina 28777
David 011is
479 Pine Grove Road
Spruce Pine, North Carolina 28777
James 011is
566 Pine Grove Road
Spruce Pine North Carolina 28777
Lance Huffinan Life Estate
37 Huffinan Lane
Spruce Pine North Carolina 28777
Roger Wise
158 Hazel Lane
Spruce Pine North Carolina 28777
Jack Forbes
65 Hazel Lane
Spruce Pine, North Carolina 28777
Frank Phillips
105 Altapass Road
Spruce Pine, North Carolina 28777
RP Sokol
52 Bates Street
Mendon, MA 17560
County of Avery
PO Box 640
Newland, North Carolina 28657
Frank Vance Heirs
c/o James Vance
274 Laurel Wood Lane
Newland North Carolina 28757

Department of the Army
Wilmington District Corps of Engineers
Attn Ken Jolly Chief Regulatory Division
PO Box 1890
Wilnungton NC 28402 1890
and
NC Division of Water Quality
Attn Ian McMillan
1650 Mail Service Center
Raleigh NC 27699 1650
I the current landowner /managing partner of the property identified below hereby
authorize C1earWater Environmental Consultants Inc (CEC) to act on my behalf as my
agent during the processing of pernuts to impact Wetlands and Water of the US that are
regulated by the Clean Water Act and the Rivers and Harbors Act
CEC is authorized to provide supplemental information needed for permit processing at
the request of the USACE or DWQ
Property Owner of Record t , 1 VW 4A — r- p
Property Owner Address �� Aarrc S 1n%n.I nor ra,V-p Pat
Phone Number t$zyi 7 to S- ti 2 -,5-1
Property Location t1 P.rz1 K,•t �-+t dVo� -a i ►,�
Owner/Managing partner Signature
Date (Dl 21 ZD ` Z
224 South Grove Street, Suite F
Hendersonville NC 28792
Phone 828 - 698 9800 Fax [phone]
www cwenv corn

U S ARMY CORPS OF ENGINEERS
OMB APPROVAL NO 0710-0003
APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT
EXPIRES 31 AUGUST 2012
33 Cf 325
Public reporting for this collection of information is estimated to average 11 hours per response including the time for reviewing instructions searching
existing data sources gathering and maintaining the data needed and completing and reviewing the collection, of information Send comments regarding
this burden estimate or any other aspect of the collection of information including suggestions for reducing this burden to Department of Defense
Washington Headquarters Executive Services and Communications Directorate Information Management Division and to the Office of Management and
Budget Paperwork Reduction Project (0710-0003) Respondents should be aware that notwithstanding any other provision of law no person shall be
sutgect to any penalty for failing to comply with a Collection of information it d does not display a currently valid OMB control number Please 00 NOT
RETURN your form to either of those addresses Completed applications must be submitted to the District Engineer having jurisdiction over the location of
the proposed activity
PRIVACY ACT STATEMENT
Authorities Rivers and Harbors Act Section 10 33 USC 403 Clean Water Act Section 404 33 USC 1344 Marine Protection Research and Sanctuaries
Act. Section 103 33 USC 1413 Regulatory Programs of the Corps of Engineers Final Rule 33 CFR 320 -332 Principal Purpose Information provided on
this forth wit be used in evaluating the application for a permit. Routine Uses This information may be shared with the Department of Justice and other
federal state and local government agencies and the public and may be made available as pail of a public notice as required by Federal law Submission
of requested rriformation is voluntary however d information is not provided the permit application cannot be evaluated nor can a permit be sued One set
of original drawings or good reproduable copies which show the location and character of the proposed activity must be attached to this application (see
sample drawings andlor instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity An application
that Is not completed in full will be returned
(ITEMS 1 THRtf 4 TO BE FILLED BY THE CORPS)
1 APPLICATION NO
2 FIELD OFFICE CODE
3 DATE RECEIVED
4 DATE APPLICATION COMPLETE
(ITEMS BELOW TO BE FILLED BY APPLICANT)
5 APPLICANTS NAME
a AUTHORIZED AGENT'S NAME AND TIME (agent is not required)
First Rolf Middle Last Pippert
Fast R Middle Clement Last Rtddlt.
Company Unnnnt Corporation
Conparry ClcarWaier IA%irommental Consultams Inc.
Email Address rptppert(a�unimin corn
E-mail Address CI=Lnt(a)cwLm cam
6 APPLICANT'S ADDRESS
9 AGENTS ADDRESS
Address- Past Office Box 588
Address- 224 South Gm« Sircu Sum. I
City SPruLk. Ptm State NC Zip 28777 Country LISA
City Hendersonvilk state NC Zip _8792 Country USA
7 APPLICANTS PHONE NOs WAREA CODE
10 AGENTS PHONE NOs WAREA CODE
a Residence b Business c Fax
a Residence b Business c Fax
828- 765 428;
828 -098 -9800
STATEMENT OF AUTHORIZATION
11 I hereby authorize ClearWater Environmental to act in my behalf as my agent in the processing of this application and to fumsh upon request
supplemental inl6n, I m in support of this permit apppation.
b
A-V &�=d
SISMTUIREFOF APPLICANT DATE
NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY
12 PROJECT NAME OR TITLE (see instructions)
We%i %Lhoolhow %L Mine
13 NAME OF WATERBODY IF KNOWN (if applicable)
14 PROJECT STREET ADDRESS (d applicable)
UT Brushy Cmvl,
Address Brushy Cret b Ro-id
City S ruLt Pint. State NC Zip- 28777
P
15 LOCATION OF PROJECT
Latitude. N 15 9SI697 Longitude W 81 989184
16 OTHER LOCATION DESCRIPTIONS iF KNOWN (see instructions)
Slate Tax Parcel ID Municipality
Section Township Range
ENG FORM 4345 OCT 2010 EDITION OF OCT 2004 IS OBSOLETE PmpMMI CECW OR

I r DIRECTIONS TO THE SITE
tiu III-ichLd ndrralnL
18 Nature of Activity (Description of project include all features)
ti« attuhe_d ndrrimi.
19 Project Purpose (Describe the reason or purpose of the project, see instna lions)
SeL attached narfam e
USE BLOCKS 20 231F DREDGED ANDIOR FILL MATERIAL IS TO BE DISCHARGED
20 Reasons) for Discharge
Sec, attached narrdtrvc
21 Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards
Type Type Type
Amount in Cubic Yards Amount In Cubic Yards Amount in Cubic Yards
22 Surface Area in Acres of Wetlands or Other Waters Filled (see instructions)
Acres 0 01 acre of %%etland
or
Linear Feet 1 37( lin#.dr feo of smarn
23 Description of Avoidance Mmim¢ation and Compensation (see instructions)
Sec attached n- rams.
ENG FORM 4345 OCT 2010

24 Is Any Portion of the Work Already Complete? ❑Yes ZNo IF YES DESCRIBE THE COMPLETED WORK
25 Addresses of Acfpntng Property Owners Lessees Etc Whose Property Adjoins the Waterbody is mae man be enema here de se it h %v*menai xsn
a Address tree, auaLhed h%l
city Slate Zip
b Address
City State Zip
c. Address-
City State Zip
d Address
City State Zip
e Address -
City State Zip
26 List of Other Certificates or Approvals/Denials recenred from other Federal State or Local Agencies for Work Described in TMs Application
,1C AGENCY TYPE APPROVAL IDENTIFICATION DATE APPLIED DATE APPROVED DATE DENIED
N NUMBER
vU Qb - 0 3
Would include but is not restricted to zoning butldm% and good plain permits
27 Application is hereby made for pemut or permits to authorize the work described in this application I tardy that this kitormation in this application is
complete and accurate I further certify that I possess the authority to undertake the work described herein or am acting as the duly authorized agent of the
applicant
SIGNATURE OF APPLICANT DATE SIGNATURE OF AGENT DATE
The Application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duty
authorized agent d the statement in block 11 has been filled out and signed
18 U S C Section 1001 provides that Whoever in any manner within the jurisdiction of any department or agency of the United States
knoniringiy and willfully falsifies conceals or covers up any trick scheme or disguises a material fact or makes any false fictitious or
fraudulent statements or representations or makes or uses any false writing or document knowing some to contain any false fictitious or
fraudulent statements or entry shall be fined not more than $10 000 or imprisoned not more than five years or both
ENG FORM 4345 OCT 2010

TABLE OF CONTENTS
10 INTRODUCTION TO PROJECT
1 1 Project Location
12 Jurisdictional Waters
20 BACKGROUND
21 Prior Project History
30 EXISTING SITE CONDITIONS
31 Natural Community Types
32 Perennial Streams
33 Soils
34 Fish and Wildlife Use of the Protect Site
35 Threatened and Endangered Species
40 PROJECT PURPOSE
50 PROPOSED PROJECT
51 Mme Pit Expansion
60 DISCUSSION OF ALTERNATIVES
61 Avoidance
62 Minimi zation
63 Alternatives Conclusion
70 CONCEPTUAL MITIGATION PLAN
71 NC Ecosystem Enhancement Program (EEP)
72 Summary
80 US ENVIRONMENTAL PROTECTION AGENCY 404(b)(1) GUIDELINES
81 Factual Determination
82 Potential Impacts on Physical and Chemical Characteristics of the Aquatic Ecosystem
83 Potential Impacts to Biological Characteristics of the Ecosystem
84 Potential Impacts on Special Aquatic Sites
85 Potential Effects on Human Use Characteristics
86 Summary
90 PUBLIC INTEREST CONSIDERATIONS
91 Conservation
92 Economics
93 Aesthetics
94 General Environmental Concerns
95 Wetlands
96 Historic Properties
97 Fish and Wildlife Values
98 Flood Hazards
99 Floodplam Values
910 Land Use
9 12 Shore Erosion and Accretion
913 Recreation
9 14 Water Supply and Conservation
9 15 Water Quality (Stormwater Management)
9 16 Energy Needs
9 17 Safety
9 18 Food and Fiber Production
9 19 Mineral Needs
920 Considerations of Property Ownership
921 Needs and Welfare of the Public
10 0 SECONDARY AND CUMULATIVE EFFECTS
110 SUMMARY
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LIST OF FIGURES
1 Vicinity Map
2 USGS Topographic Map
3 USDA Soils Map
4 West School House Mine Pit Expansion Site Plan
5 Alternatives Analysis Map
LIST OF APPENDICES
Appendix A Jurisdictional Determination Information
Appendix B EEP Letter
M

10 INTRODUCTION TO PROJECT
The Ummm Corporation proposes to impact stream channels and wetlands to facilitate the
expansion of an existing mine pit at the West School House Mine The project, known as
the West School House Mine Expansion, will impact streams and wetlands through
excavation within the proposed expansion boundary
1 1 Protect Location
The School House Mine Expansion is located northeast of downtown Spruce Pine
in Mitchell County, North Carolina To access the site from Asheville, take US
Highway 19/23 North (Future I 26) to Exit 9 (US Highway 19) Continue on US
Highway 19 East past Spruce Pine and turn right onto Brushy Creek Road The
mine and project site are located north of Brushy Creek Road near the Avery
County Airport A site vicinity map and USGS topographic map are attached for
review (Figures 1 and 2)
12 Junsdichonal Waters
Streams within the protect boundary include unnamed tributaries to Brushy Creek
which is a tributary to the North Toe River The North Toe River flows into the
Nolichucky River which is a tributary to the French Broad River The French
Broad River is a navigable in fact water at the Wilson Bridge southeast of
Brevard The unnamed tributaries are classified by the NC Division of Water
Quality (DWQ) as class 'C, Tr waters
There is one wetland located within the project boundary This wetland is small
and abuts the associated channel
The site contains the following amounts of jurisdictional waters within the protect
boundary
On -cite Tntselc
Feature
Amount
Unit
Stream
2,094
linear feet
Wetlands
001
acres
Open Water
0
acres
An `Existing Site Conditions section (Section 3 0) has been included in this
application for review and further describes the jurisdictional waters on site

20 BACKGROUND
Mitchell County is known in the mining industry as the Spruce Pine mining district
Small mines produced gemstones kaolin feldspar, quartz, and mica in the late 1880 s
and early 1900 s Gemstone mining proved unsustainable, and the move away from
mica based electrical conductors to quartz based semiconductors caused many small
mines to close Development of the railroad caused the town of Spruce Pine to grow and
become the industrial center of the county, as well as, open the area to large scale mining
operations Mineral resources currently mined in this district include mica, feldspar, and
quartz As of 1996, three mining companies, operating five mines, extracted
approximately 35% of the nation s production of feldspar and approximately 95% of the
nation s supply and approximately 65% of the world s supply of ultra pure quartz Mica
to a much smaller extent is also still mined The Ummm Corporation was founded in
1970 The Spruce Pine mining district leads the nation in production of high quality
quartz used in semiconductors solar panels, fiber optics, high end lighting and crucibles
21 Prior Project History
Axiom Environmental delineated a portion of the project area on November 18
2010 and submitted a Jurisdictional Determination Request to the US Army Corps
of Engineers (Corps) on July 12, 2011 Supplement information was submitted
on August 31 2011 after a site visit The Corps issued a Notification of
Jurisdictional Determination (JD) on September 27, 2011 (Action ID 2011
01762) and the JD was amended on April 2 2012 The amended JD is attached
for review (Appendix A)
2

3 0 EXISTING SITE CONDITIONS
The project site consists of an operational mine, a reclaimed mine, and forested areas
The site is relatively steep with elevations ranging from 2,765 feet to 2,862 feet above
mean sea level (MSL)
31 Natural Community Tunes
The project site consists of active and inactive mines, and forested areas The
streams on site are bordered by riparian forest This habitat is vaned and contains
mesophyhc and hydrophyhc species Tree species observed within the riparian
corridor include eastern hemlock (Tsuga canadensis), red maple (Acer rubrum),
white oak (Quercus alba), red oak (Quercus rubra), white pine (Pinus strobus),
and chestnut (Castanea dentata) Shrubs observed in this habitat include
rhododendron (Rhododendron maximum), pepperbush (Clethra acuminata), and
doghobble (Leucothoe axillaris) Species observed in the herbaceous layer
include partridge bent' (Mitchella repens) and spotted wintergreen (Chimaphila
maculata)
32 Perennial Streams
Freshwater habitats include the streambeds and banks of unnamed tributaries to
Brushy Creek There are approximately 2,094 linear feet of stream channel
within the project boundary In general these tributaries flow north to south and
eventually into Brushy Creek and the North Toe River Streams and wetlands
within the protect boundary are bordered by riparian forest The stream channel is
between two existing mines (one active and one inactive) Stream channels north
of the gravel access road were delineated by Axiom Environmental on November
18, 2010 Stream channels south of the gravel access road were delineated by
C1earWater Environmental on February 27, 2012
33 Soils
The School House Mine Expansion site is located within the Mountain
physiographic region of North Carolina and more specifically the Southern
Crystalline Ridges and Mountains Ecoregion Soil series present on site include
Chandler Micaville complex Cullowhee, Pits, Udorthents, and Watauga A soils
map and legend have been attached for review (Figure 3)
34 Fish and Wildhfe Use of the Proiect Site
It is assumed that wildlife species inhabiting the site include those typically found
in the forest types of the region previously described above The protect site has
active mining operations to the east and the west so wildlife is likely not
abundant Although site specific studies documenting species utilization of the
School House Mine Expansion project area have not been conducted, general
observations of wildlife use were recorded during site visits (mostly turkeys)
3

35 Threatened and Endangered Species
CEC has conducted a file review of records maintained by the US Fish and
Wildlife Service (FWS) and North Carolina Natural Heritage Program (NHP)
The desktop literature survey involved a review of FWS list of protected species
in Avery County and the Linville Falls USGS Topo Quad on which NHP
identifies current and historic occurrences of listed species for that locale The
NHP database identifies three current and/or historic records of occurrence for the
Linville Falls USGS Topo Quad rock gnome lichen (Gymnoderma hneare),
mountain golden heather (Hudsonta montana) and Heller's blazing star (Ltatrts
hellert) The NHP database identifies one element of occurrence, bog turtle
(Clemmys muhlenbergtt), within a 2 mile radius of the project site Bog turtle
holds a Federal status of T(S /A), threatened due to similarity of appearance, and is
not subject to Section 7 consultation
It is the opinion of CEC that federally protected species are not likely to be present
within the protect boundary As such expansion of the West School House Mme is
not likely to cause an adverse impact to any federally threatened or endangered
species or their critical habitat
4

40 PROJECT PURPOSE
The basic project purpose of the proposed project is to mine and process quartz More
specifically the overall project purpose of the proposed project is to expand existing
mining operations into areas with large volumes of ore so processing of quartz can
continue
5

50 PROPOSED PROJECT
The applicant proposes to permanently impact 1 376 linear feet of stream channel and
0 01 acres of wetlands to achieve the previously stated protect purpose The proposed
project includes the expansion of the existing West School House Mine pit Impacts have
been identified on the site plans, which are enclosed for review (Figure 4)
51 NLne Pit Expansion
The proposed stream and wetland impacts will allow for expansion of the existing
mine pit and access to a large volume of ore at the existing West School House
Mine facility Based on the most current drilling data, the expansion of the
existing West School House Mine pit is estimate to provide many years of
additional ore resources Due to the nature of mining specific numbers cannot be
released, however the pit expansion would provide significant increase to the life
of the West School House Mine Below is a summary of the proposed stream and
wetland impacts
Stream Impacts
Impact Number
Length
1
172 LF
2
1,204 LF
Total
1,376 LF
Wetland Impacts
Impact Number
Area
1
0 01 AC
Total
0 01 AC

60 DISCUSSION OF ALTERNATIVES
This discussion of alternatives is submitted by the applicant to assist the Wilmington
District, Corps in evaluating the application for authorization to discharge dredged or fill
material into waters of the United States including wetlands, under Section 404 of the
Clean Water Act, 33 U S C § 1344 at the West School House Mine Expansion project
An analysis of the Section 404(b)(1) Guidelines (Guidelines) requirements for
consideration of alternatives as required by 40 C F R 230 10(a) is set forth below
The Guidelines alternatives requirements provide that no discharge of dredged or fill
material shall be permitted if there is a practicable alternative to the proposed discharge
which would have less adverse impact on the aquatic ecosystem, so long as the
alternative does not have other significant adverse environmental consequences [See
40 C F R 230 10(a) (emphasis added) ] The record must contain sufficient information
to demonstrate that the proposed discharge complies with the requirements of Section
230 10(a) of the Guidelines The amount of information needed to make such a
determination and the level of scrutiny required by the Guidelines is commensurate with
the seventy of the environmental impact (as determined by the functions of the aquatic
resource and the nature of the proposed activity) and the scope /cost of the project [See
Corps /EPA Memorandum to the Field "Appropriate Level of Analysis Required for
Evaluating Compliance with Section 404(b)(1) Guidelines Alternatives Requirements p
2, dated August 23, 1994, hereinafter the Memorandum ] As noted in the
Memorandum on pages 3 4, the 404(b)(1) Guidelines only prohibits discharges when a
practicable alternative exists which would have less adverse impact on the aquati c
ecosystem [See Memorandum ] If an alleged alteniative is unreasonably expensive to
the applicant, the alteniative is not practicable' [See Guidelines Preamble, Economic
Factors 45 Federal Register 85343 (December 24, 1980) ]
Practicable alternatives for the protect are those alteniatives that are `available and capable
of being done after taking into consideration costs, existing technology, and logistics in
light of overall project purposes' [See 40 C F R 230 10(a)(2) ] Clanfication is provided
in the Preamble to the Guidelines on how cost is to be considered in the determination of
practicability An alternative site is considered "available" if it is presently owned by the
applicant or could reasonably be obtained, utilized, expanded or managed in order to
fulfill the basic purpose of the proposed activity 40 C F R § 230 10(a)(2)
Our intent is to consider those alternatives, which are reasonable in terms of the overall
scope and cost of the proposed project The term economic [for which the term costs
was substituted in the final rule] might be construed to include consideration of the
applicants financial standing, or investment, or market share, a cumbersome inquiry
which is not necessarily material to the objectives of the Guidelines
7

The Environmental Protection Agency (EPA) 404(b)(1) Guidelines state that, we have
chosen instead to impose an explicit, but rebuttable presumption that alternatives to
discharges in special aquatic sites are less damaging to the aquatic ecosystem, and are
environmentally preferable Of course, the general requirements that impacts to the
aquatic system not be acceptable also applies This presumption contains sufficient
flexibility to reflect circumstances of unusual cases" (249 Fed Reg, 85339, December
24, 1980) It is clear from these stipulations that a preferable alternative may allow
filling in certain wetland areas and subsequent mitigation and/or management of other
areas
61 Avoidance
The ore required for the continued operation of the mine and processing plants is
a rare commodity and exists only in a very few locations in the world The
Ummm Corporation has no control over the location of the ore within the mine
boundary and only identifies its location after extensive drilling The Ummm
Corporation intends to mine all ore that meets the quality requirements for various
products therefore, avoidance of jurisdictional waters (with ore beneath) is
difficult because the ore does not exist in other places Additionally as
expansion implies the pit expansion must be located immediately adjacent to
an existing pit Complete avoidance of streams and wetlands in locations that
contain suitable ore would result in a shorter life for the mining operation and
decreased availability of the high quality quartz processed by the mine As a
general rule, the Ummm Corporation minimizes the mining footprint because it
results in lower production costs however they must adhere to pit wall slope
regulations and bench setbacks that yield ground disturbance beyond the location
of the ore in order to maintain safe working conditions for personnel that work in
and around the pit
The Ummm Corporation owns additional mines in the Spruce Pine area (the
Hawkins Mine and the Mill Ridge Mine) The approximate location of these
mines is shown on the attached Alternatives Map (Figure 5) Because of the
quality of the ore produced at the West School House Mine, expansion of these
mines would not produce the same type of ore and therefore would not be a
feasible alternative for this project Ore mined at the Hawkins Mme and Mill
Ridge Mine is of a different quality and therefore used for different products
These products are not compatible with ore mined from the West School House
Mine Ore extracted from the Hawkins Mine and the Mill Ridge Mine cannot be
substituted for ore at the West School House Mine
62 Minimization
The Ummm Corporation has avoided and minimized impacts to streams and
wetlands to the greatest extent practicable and feasible while still accomplishing
the overall project purpose Based on drilling data and extrapolation of that data
ore exists beneath the streams and wetland located north of the access road The
pit expansion reflects the location of this ore Additional streams and wetlands
beyond the pit expansion are not proposed at this time
8

63 Alternatives Conclusion
This discussion of alternatives together with the documents submitted by the
applicant in support of permit issuance, shows that the protect complies with the
Guidelines As this analysis clearly demonstrates, the West School House Mine
Expansion is designed to avoid and minimize impacts to the site to the maximum
extent practicable while maintaining a rational protect design and meeting the
overall project purpose
9

7 0 CONCEPTUAL MITIGATION PLAN
Upon completion and implementation of all practical avoidance and minimization efforts,
1,376 linear feet of stream channel and 0 01 acres (633 square feet) of wetlands impacts
associated with the West School House Mine Expansion are unavoidable According to
the delineation report submitted by Axiom Environmental on July 12, 2011, the wetlands
on property have been degraded by sediment and lack vegetation in most areas Because
the wetland is of small size low quality, and has been identified as sigmficantly
disturbed , wetland mitigation is not proposed The following mitigation plan is
provided in support of the permit
71 NC Ecosystem Enhancement Program (EEP)
The Unimm Corporation proposes to mitigate for the balance of unavoidable
impacts (approximately 1,376 linear feet) through payment into the EEP in lieu
fee program By letter dated May 22, 2012, EEP has indicated they are willing to
accept payment for impacts associated with the West School House Mine
Expansion The acceptance letter is enclosed for review (Appendix B)
72 Summary
The Ummm Corporation is proposing to mitigate for 1,376 linear feet of
unavoidable stream impacts Compensatory mitigation will be in the form of
payment into the EEP The tables below summarize the basic mitigation
requirement and stream mitigation proposed for the West School House Mine
Expansion
Basic Mitigation Reqwrement
Proposed Mitigation
Linear Feet
Compensatory
Basic
Impact
of Impact
Mitigation
Mitigation
Activity
Credit
Ratio z 1
Requirement
1
172
1
172
2
1204
1
1,204
Total Impacts
19376
1
1
Total
Mitigation
1,376
Re wrements
Proposed Mitigation
10
Linear Feet of
Mitigation
Total
Stream
Mitigation
Type
Activity
Credit
Ratio z 1
EEP
1376
Restoration
1
1,376
Total
1,376
1
1
1 1,376
10

8 0 US ENVIRONMENTAL PROTECTION AGENCY 404(b)(1) GUIDELINES
EPA interim regulations providing guidance for specification of deposit on sites for
dredge and fill material were published on September 17, 1993, in 40 C F R 230 per
Section 404(b)l Sub Parts A through I pertain to dredge and fill permits, and apply to
project sites similar to this project
Sub Part D presents a summary of compliance criteria for the 404(b) l guidelines This
section references and defines practicable alternatives and indicates that a dredge and fill
permit shall not be issued if practicable alternatives exist Alternatives reviewed detailed
in Section 6 0, were assessed for compliance with 404(b)1 guidelines
Additional EPA guidance is presented related to general regulatory criteria, wildlife
value, and human health guidelines The discharge of dredge and fill material is
considered permittable under these guidelines if the discharge activity does not
contribute to violation of state water quality standards does not violate toxic effluent
standards does not jeopardize the continued existence of species listed as threatened and
endangered pursuant to the federal Endangered Species Act of 1973 and subsequent
amendments, does not cause degradation to any marine sanctuaries, does not contribute
to significant degradation of waters of the United States " does not adversely affect
human health as it pertains to water supply, does not adversely impact wildlife the food
chain or special aquatic sites does not contribute to the discharge of pollutants that may
affect the food web does not have negative effects on the productivity of the aquatic
ecosystem or their physical values, and does not have adverse impacts on recreation,
aesthetic or economic values Additionally the applicant is required to minimize
potential adverse impacts on the aquatic ecosystem
81 Factual Determination
The Corps is required to determine both potential short term and long term effects
of a proposed discharge of dredge and fill material on the physical, chemical, and
biological components of an aquatic environment
82 Potential Impacts on Physical and Chemical Characteristics of the Aquatic
Ecosystem
Sub Part C of the 40 C F R 230 guidelines lists six physical and chemical
characteristics that must be assessed during the permit review, and the effects of
which must be determined to be minimal on the aquatic ecosystem
8 2 1 Substrate
The proposed pit expansion will consists of excavation, therefore, no fill
will be placed into streams and wetlands Proper sediment and erosion
control devices will be installed prior to and during construction to ensure
that the bottom elevation of remaining streams and wetlands on the
property will not change
11

822 Suspended Particulate /Turbidity (Sediment and Erosion Control)
During construction activities on the site there may be a minimal increase
in suspended particulates that may lead to increased turbidity downstream
However, the increase is anticipated to be minimal and temporary due to
the installation and maintenance of proper sediment and erosion control
measures during construction and shortly thereafter
823 Water Quality
The proposed project should not cause increased chemical contamination
levels within the aquatic ecosystem Specifically changes in clarity,
color odor, and taste of water in addition to possible chemical
contamination shall be minimized or reduced Accumulated water in the
mining pit will be treated by existing stormwater facilities at the site
The Ummm Corporation will be concurrently applying for a DWQ Water
Quality Certification
824 Current Patterns in Water Circulation
The proposed project will modify current water circulation patterns by
obstructing flow, changing direction or velocity of water, and changing
velocity or flow of circulation in the channels proposed for impact
however, mitigation in the form of payment to the EEP with mitigate for
these impacts The channel below the mining pit will continue to receive
treated stormwater discharges and groundwater influences
8 2 5 Normal Water Fluctuations
The proposed protect will modify normal water fluctuations in the
channels proposed for impact, however, mitigation in the form of payment
to the EEP will mitigate for these impacts
8 2 6 Salinity
Because this project is located inland and away from tidally influenced
waters and wetlands no modification to the salinity of on site or adjacent
waters is expected
83 Potential Impacts to Biolomcal Characteristics of the Ecosystem
Sub Part D of the 40 C F R 230 guidelines specifies three areas of concern in
which disposal of dredge and fill material can affect the biological components of
the ecosystem These components are threatened and endangered species fish,
crustaceans, mollusks other aquatic organisms in the food web, and wildlife
12

8 3 1 Threatened or Endangered Species
Expansion of the mine pit has the potential to negatively affect the habitat
of threatened and endangered plant and animal species Listed species
have not been observed on site It is the opinion of CEC that federally
protected species are not likely to be present within the project boundary
As such, the West School House Mine Expansion is not likely to cause an
adverse impact to any federally threatened or endangered species or their
critical habitat A discussion of threatened and endangered species is found
in Section 3 5 of this application
832 Fishes, Crustaceans, Mollusks, and other Aquatic Organisms in the
Food Web
Excavation can alter the food web by impacting animals such as
invertebrates that make up the basis of a food chain The release of
contaminants or an increase in turbidity has the potential to negatively
affect certain aspects of the food web Such releases may also potentially
increase the levels of exotic species
Impacts to primary food chain production within the waters of the US and
wetlands will occur on the project site, however mitigation in the form of
payment to the EEP will mitigate for these impacts Impacts to primary
food chain production are expected to be minimal
8 3 3 Other Wddhfe
Excavation has the potential to negatively affect breeding and nesting
areas escape cover travel corridors and preferred food sources for
resident and migrant wildlife species
Although some evidence of wildlife usage (mainly turkey) was apparent
on site, because the project area is within the boundaries of an operational
mine, wildlife habitat is minimal Noise pollution, denuded vegetation,
and anthropogemc activity make this area less desirable for resident and
migrant wildlife While a loss of wildlife habitat for wetland and stream
dependent species may result from construction of the project the
proposed mitigation should compensate for any minor loss of habitat
13

84 Potential Impacts on Special Aquatic Sites
Sub Part E of the 40 C F R 230 guidelines addresses considerations for potential
impacts on special aquatic sites which include sanctuaries and refuges
wetlands, mud flats, vegetated shallows, coral reefs, and riffle pool complexes
8 4 1 Sanctuaries and Refuges
Excavation has the potential to negatively affect adjacent sanctuaries and
wildlife refuges by impacting water quality, decreasing wildlife habitat,
increasing human access, and creating the need for frequent maintenance
activity, resulting in the establishment of undesirable plant and animal
species which can change the balance of habitat type
Impacts to sanctuaries or refuges will not occur as a result of the West
School House Mine Expansion
842 Wetlands
Excavation has the potential to adversely affect wetlands including
wetland substrate, hydrology and vegetation Excavation can lead to a
loss of wetland values, such as wildlife habitat, flood storage, and
groundwater recharge The West School House Mine Expansion will
impact 0 01 acres of wetlands on site Due to the quality of wetlands and
amount of wetland impacts associated with the proposed protect, wetland
impacts are expected to be minimal
843 Mud Flats
Excavation has the potential to negatively affect mud flats that exist along
inland lakes, ponds and riverme systems There are no mud flat
communities within the protect boundary, therefore loss of these
ecosystems will not occur as a result of the West School House Mine
Expansion
844 Vegetated Shallows
Vegetated shallows are permanently inundated areas that contain rooted
aquatic vegetation This type of habitat generally exists within estuarine
and marine environments and some freshwater lakes and rivers No
vegetated shallow habitats exist within the project boundary therefore, no
impacts to this ecosystem will occur as a result of the West School House
Mine Expansion
8 4 5 Coral Reefs
Coral reefs typically exist within marine ecosystems Coral reefs do not
exist within the protect boundary therefore, no impacts to this ecosystem
will occur as a result of the West School House Mine Expansion
14

8 4 6 Riffle -Pool Complexes
Excavation of riffle pool complexes has the potential to negatively affect
water quality and wildlife value Any permanent impact to riffle pool
complexes will be mitigated for through payment into the EEP
85 Potential Effects on Human Use Characteristics
Sub Part F of the 40 C F R 230 guidelines address potential effects on human use
of wetlands and waterways Factors including water supply recreational and
commercial fisheries, water related recreation, aesthetics, and parks and similar
preserves are considered within this portion of the guidelines
8 5 1 Municipal and Private Water Supply
The public water supply will not increase or decrease due to proposed
activities within the West School House Mine Expansion project
boundary
8 5 2 Recreational and Commercial Fisheries
Excavation has the potential to negatively affect recreational and
commercial fisheries Streams and wetlands on site are not a part of any
recreational or commercial fishery In addition, access to the site by the
general public is prohibited, eliminating any recreational fisheries
opportunities on site The West School House Mine Expansion will not
adversely impact recreational or commercial fisheries
853 Water - Related Recreation
Proposed activities within the West School House Mine Expansion project
boundary will not increase or decrease waterborne recreation in the project
vicinity Access to the site by the general public is prohibited, eliminating
any water- related recreational opportunities on site
854 Aesthetics
The proposed project site is within the boundary of an operational mine
The West School House Mine Expansion is not expected to increase or
diminish the aesthetic value of the area or cause disharmony from an aerial
or neighboring view
8 5 5 Parks, National and Historical Monuments, National Beach Shores,
Wilderness Areas, Research Sites, and Similar Preserves
No areas as described above are present within the West School House
Mine Expansion project boundary
15

86 Summary
Based on the EPA guidelines identified within 40 C F R 230 and enumerated
herein a number of potential environmental impacts have been presented and
subsequently addressed The proposed permanent impact to 1 376 linear feet of
streams and 0 01 acres of wetlands will not cause off site adverse impacts
Proposed mitigation will compensate for on site impacts
16

9 0 PUBLIC INTEREST CONSIDERATIONS
When reviewing this application, the Corps is required to consider the project in terms of
the public interest In considering the public interest, the Corps must evaluate the
probable impacts of the project and evaluate the benefits which reasonably may be
expected to occur from the proposal against reasonably foreseeable detriments In
balancing these interests, the Corps must consider the public and private need for the
proposed protect, the practicability of using reasonable alternative locations, and the
extent and permanence of the beneficial and/or detrimental impacts of the protect The
Corps also considers the following public interest factors
conservation, economics aesthetics, general environmental concerns
wetlands, historic and cultural resources, fish and wildlife values flood
hazards, floodplain values, land use navigation, shore erosion and
accretion recreation, water supply and water quality energy needs, safety,
food and fiber production, mineral needs and considerations of the
property ownership
Pursuant to 33 C F R 323 6 a determination that the project is not contrary to the public
interest must be achieved before permit issuance Public interest considerations are listed
in 33 C F R 320 4 (a)(1) and are discussed below
Furthermore, the Corps regulations state that a permit will be granted unless the district
engineer determines that it would be contrary to the public interest
The Ummin Corporation has extensively evaluated these factors through the planning
process and believes that the proposed project is clearly not contrary to the public
interest
91 Conservation
The applicant is not proposing preservation as a component of the project,
however, those projects completed by the EEP in association with this
protect will be preserved in perpetuity
92 Economics
The Ummm Corporation operates at least three mines within the Spruce
Pine Mining District, which employee hundreds of people Mining
provides an overall benefit to the local economy of the area Any activity
completed in support of the mine and their existing operations will
promote the local economy
17

93 Aesthetics
The proposed project site is within the boundary of an operational mine
The West School House Mine Expansion is not expected to increase or
diminish the aesthetic value of the area or cause disharmony from an aerial
or neighboring view
94 General Environmental Concerns
Other than stream and wetland impacts, proposed development activities
within the West School House Mine Expansion protect boundary will have
no significant identifiable impacts upon other environmental components
95 Wetlands
Excavation has the potential to adversely affect wetlands including
wetland substrate hydrology, and vegetation Discharges can lead to a
loss of wetland values, such as wildlife habitat flood storage and
groundwater recharge The proposed project will impact 0 01 acres of
wetlands on site
96 Historic Properties
A desk review of the National Register of Historic Places records
maintained by the State Historic Preservation Office (SHPO) indicates
several historic properties in Spruce Pme The majority of these properties
are located downtown and not in the immediate vicinity of the Ummm
Corporations West School House Mine The SHPO will be notified via
Public Notice about the projects and will be given the opportunity to
comment on the project and its potential effects on archaeological and
cultural resources
97 Fish and Wddhfe Values
Riparian and wetland areas provide habitat for many types of wildlife
because of their diverse and productive plant communities, complex
structure, and close proximity to surface water Wildlife may be
permanent residents of riparian and wetland areas or occasional visitor that
use the areas for food water, or temporary shelter
Food availability vanes with the type of vegetation in riparian and wetland
area, but includes fait, seed foliage, twigs, buds insects, and other
invertebrates Trees and shrub produce a variety of foods that are eaten by
many animals and may be especially important sources of nutrition during
the winter months Grasses and herbaceous vegetation provide seeds and
forage both within riparian and wetland areas and along the forest border
The stream environment provides moving water for many animals to
drink feed swim, and reproduce Water is also available on the moist
vegetation and in wetlands that are often associated with riparian areas
18

These areas, both permanent and temporary are especially important for
amphibians and macro invertebrates
Riparian and wetland areas provide a sheltered environment for many
species of animals to feed, rest, and reproduce Animals use these areas to
seek shelter from extreme weather and to escape predators and human
activity Riparian and wetland areas may also provide important travel
corridors for some species and are frequently used as stop over points for
migratory birds
Although some evidence of wildlife usage (mainly turkey) was apparent
on site, because the protect area is within the boundaries of an operational
mine, wildlife habitat is minimal Noise pollution, denuded vegetation
and anthropogemc activity make this area less desirable for resident and
migrant wildlife Impacts to these systems will occur at the West School
House Mine Expansion project site, however, adequate avoidance,
minimization, and compensatory mitigation will compensate for lost
functions and values
98 Flood Hazards
The location of the proposed project has a minimal risk of flooding It is
expected that all tributaries on the property will flood occasionally due to
natural fluctuations in weather patterns that increase precipitation The
activities taking place within the West School House Mine Expansion
project boundary are not expected to increase or decrease the natural rate
of flooding at the site or downstream
99 Floodplam Values
Designated floodplams will not be impacted by activities within the West
School House Mine Expansion project boundary (FEMA Map Panel
3710180000K effective date Feb 4, 2009) Flood stages and frequencies
should not increase or decrease as a result of the activities taking place
within the West School House Mine Expansion project boundary
9 10 Land Use
The proposed project will be in compliance with local zoning regulations
and ordinances The protect is consistent with surrounding land use and
development
911 Navigation
Streams within the project boundary include unnamed tributaries to
Brushy Creek which is a tributary to the North Toe River The North Toe
River flows into the Nolichucky River, which is a tributary to the French
Broad River The French Broad River is a navigable in fact water at the
Wilson Bridge southeast of Brevard No development will occur within
19

navigable waters and no activities proposed within the West School House
Mine Expansion project boundary are anticipated to affect navigation
912 Shore Erosion and Accretion
The West School House Mine Expansion will have minimal effects on
erosion and runoff
913 Recreation
Proposed activities within the West School House Mine Expansion project
boundary will not increase or decrease recreation
9 14 Water Supply and Conservation
The public water supply will not increase or decrease due to proposed
activities within the West School House Mine Expansion project
boundary
915 Water Ouahty ( Stormwater Management)
The proposed project should not cause increased chemical contamination
levels within the aquatic ecosystem Specifically, changes in clarity,
color, odor, and taste of water in addition to possible chemical
contamination shall be minimized or reduced Accumulated water in the
mining pit will be treated by existing stormwater facilities at the site
The Unimin Corporation will be concurrently applying for a DWQ Water
Quality Certification
916 Energy Needs
Energy needs will not increase or decrease due to proposed activities
within the West School House Mine Expansion protect boundary Energy
will not be produced as a result of the proposed activities within the West
School House Mine Expansion project boundary
917 Safety
The proposed project will be designed with the maximum possible
considerations for public safety The proposed activities at the West School
House Mine Expansion site will not increase or decrease public safety
Access to the site by the general public is prohibited, eliminating any
threat to public safety
918 Food and Fiber Production
The proposed activities within West School House Mine Expansion
project boundary will not increase or decrease food and fiber production
20

919 NLneral Needs
The proposed project fulfills current mineral needs the Ummm
Corporation s West School House Mine is a producer of high quality
quartz used in the manufacture of semiconductors solar panels, fiber
optics high end lighting, and crucibles Any activity completed in support
of the mine and their existing operations will promote mineral production
at the site
920 Considerations of Property Ownership
The Ummm Corporation owns the property proposed for development and
has the inherent right to develop the land in a reasonable and responsible
manner, which includes adhering to all Federal, State, and local
regulations
The Ummm Corporation
7638 NC Highway 226 South
Spruce Pine, North Carolina 28777
9 21 Needs and Welfare of the Pubhc
The project will positively address the needs and welfare of the public by
promoting mineral production and economic growth in the community of
Spruce Pme, Mitchell County North Carolina
21

10 0 SECONDARY AND CUMULATIVE EFFECTS
The West School House Mine Expansion project site is located within the Nolichucky
River Subbasin 06010108 Approximately 81 percent of this subbasm is forested and the
total land mass includes approximately 630 square miles (403,200 acres) The West
School House Mine Expansion project site is comprised of approximately 128 acres (0 2
square miles) All of the land mass for the West School House Mine Expansion project
site accounts for less than 0 03 percent of the land mass of the basin These percentages
alone limit significant cumulative effects on the watershed Past activities within the
subbasm include logging, agricultural and residential development, road building, and
mining Mining activities are continuing at the Ummin Corporation s West School House
Mine Agricultural and residential development, and road building in the vicinity remains
active however, continued and future development of the watershed is independent of
activities proposed at the West School House Mine Expansion project site Impacts within
the West School House Mine Expansion project boundary include the expansion of the
existing mine pit and excavation of streams and wetlands with the expansion boundary
Avoidance and minimization activities have lessened impacts associated with the relocation
and its effects cumulatively on the watershed will be minimal Activity within the West
School House Mine Expansion protect boundary should not result in a mayor impairment
of the water resources on site or interfere with the productivity and water quality of the
existing aquatic ecosystem
22

110 SUMMARY
The Ummm Corporation proposes to impact 1,376 linear feet of stream channels and 0 01
acre of wetlands to facilitate the expansion of an existing mine pit at the West School
House Mine The project, known as the West School House Mine Expansion, will
impact streams and wetlands through excavation within the proposed expansion
boundary Alternatives have been evaluated and the proposed project is the most
practical and preferred alternative Avoidance and minimization has taken place on site
to reduce impacts Potential impacts to the physical and chemical characteristics of the
ecosystem, biological characteristic of the ecosystem, impacts on special aquatic sites,
and potential effects on human use characteristics will be minimal The project is not
contrary to the public interest and will aid in the continuation of the mining industry that
helps promote the local economy in Spruce Pine
23

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U S ARMY CORPS OF ENGINEERS
WILMINGTON DIS1 RICT
Action 1 D 2011 01762(Modification) County Avery U S G S Quad Linville Falls
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner /Agent The Unimin Corporation (West Schoolhouse Mine)
Attention Rolf Pippert CEC Pro ell? r 01
Address Post Office Box 588
Spruce Pine NC 28777 )016 ! 1 04) 2012
Telephone No 8287654283
�i a� t, �
Property description
Size (acres) Approximately 6 3 acres in area delineated Nearest Town Spruce Pine
Nearest Waterway Brushy Creek River Basin Nolichucky
Coordinates 35 951697 N/ 81 989184 W Hydrologic Unit Code 060101080103
Location Description The site is located off of Brushy Creek Road near Spruce Pine Avery County North Carolina The
site is a trumpet shaped corridor of approximately 1000 feet in length and ranging from approximately 70 to 450 feet in
width The delineation is accurately depicted on a map updated March 30 2012 The site does not contain any wetlands
Indicate Which of the Following Apply
A Preliminary Determination
Based on preliminary information there may be waters and wetlands on the above described property We strongly
suggest you have this property inspected to determine the extent of Department of the Army (DA) junsdiction To be
considered final ajunsdictional determination must be verified by the Corps This preliminary determination is not an
appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 33 1)
B Approved Determination
_ There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act Unless there is a change in the law or
our published regulations this determination may be relied upon for a period not to exceed five years from the date of this
notification
X There are waters on the above described property subject to the permit requirements of Section 404 of the Clean Water
Act (CWA)(33 USC § 1344) Unless there is a change in the law or our published regulations this determination may be
relied upon for a period not to exceed five years from the date of this notification
We strongly suggest you have the waters and wetlands on your property delmeated Due to the size of your property
and/or our present workload the Corps may not be able to accomplish this wetland delmeation in a timely manner For a
more timely delineation you may wish to obtain a consultant To be considered final any delineation must be verified by
the Corps
X The waters on your property have been delineated and the delineation has been verified by the Corps We strongly
suggest you have this delineation surveyed Upon completion this survey should be reviewed and verified by the Corps
Once verified this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property
which provided there is no change in the law or our published regulations may be relied upon for a period not to exceed
five years
_ The waters and wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps
Regulatory Official identified below on Unless there is a change in the law or our published regulations
this determination may be relied upon for a period not to exceed five years from the date of this notification
_ There are no waters of the U S to include wetlands present on the above described property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344) Unless there is a change in the law or our
published regulations this determination may be relied upon for a period not to exceed five years from the date of this
notification

Action id 2011 01762
This del meation/determination has been conducted to identify the limits of COE s Clean Water Act jurisdiction for the
particular site identified in this request The delmeation/determination may not be valid for the wetland conservation
provisions of the Food Security Act of 1985 If you or your tenant are USDA Program participants or anticipate participation
in USDA programs you should request a certified wetland determination from the local office of the Natural Resources
Conservation Service prior to starting work
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act ( .33 USC § 1.311) if you have any questions regarding this
determination and/or the Corps regulatory program please contact Tasha McCormick at 828 271 7980
C Basis For Determination
The site contains stream channels located on the property that exhibit indicators of ordinary high water marls The stream
channel on the property is an unnamed tributary to Brushy Creek which flows into the North Toe River The North Toe River
flows into the Nolichucky River which flows into the French Broad The French Broad River is located within the French
Broad Holston watershed and eventually drains to the Gulf of Mexico Specifically the French Broad River merges with the
Holston River to form the Tennessee River The Tennessee River then drains to the Ohio River and then on to the Mississippi
River before entering the Gulf of Mexico
D Remarks
Site visit conducted on August 10, 2011 with Scott Davis, Axiom Environmental, inc A second field visit was conducted
on March 28, 2012 with Rebekah Newton, ClearWater Environmental During this visit it was apparent that the
wetland areas delineated did not meet all 3 parameters, sites were lacking hydric soils These areas were point bars
located within the stream channel This iurisdictional determination is a modification and supersedes the original issued
on September 27, 2011
E Appeals Information (This information applies only to approved jurisdictional determinations as indicated in
B above)
Attached to this verification is an approved jurisdictional determination If you are not in agreement with that approved
jurisdictional determination you can make an administrative appeal under 33 CFR 331 Enclosed you will find a Notification
of Appeal Process (NAP) fact sheet and request for appeal (RFA) form If you request to appeal this determination you must
submit a completed RFA form to the following address
District Engineer Wilmington Regulatory Program
Attn Tasha McCormick Proiect Manager
151 Patton Avenue Room 208
Asheville North Carolina 28801
In order for an RFA to be accepted by the Corps the Corps must determine that it is complete that it meets the criteria for
appeal under 33 CFR part 331 5 and that it has been received by the Division Office within 60 days of the date of the NAP
Should you decide to submit an RFA form it must be received at the above address by May 29 2012
* *It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence **
Corps Regulatory Official Tasha McCormick
Issue Date APn12, 2012 Expiration Date April 2, 2017
The Wilmington District is committed to providing the highest level of support to the public To help us ensure we continue to
do so please complete the Customer Satisfaction Survey located at our website at hgp //pert mvp usace army mil/survev html
to complete the survey online
CF ClearWater Environmental Rebekah Newton 224 South Grove Street, Suite F Hendersonville NC 28792
N

!r ..-
tXI A� tem1
PROGRAM
May 22, 2012
Rolf Pippart
Ummin Corporation
PO Box 588
Spruce Pine NC 28777
Expiration of Acceptance November 22 2012
Project Unimin School House Mme Expansion County Avery
This letter revises and replaces one issued dated March 7 2012 The purpose of this letter is to notify you that the North Carolina
Ecosystem Enhancement Program ( NCEEP) is willing to accept payment for compensatory mitigation for impacts associated with the
above referenced project as indicated in the table below Please note that this decision does not assure that participation in the NCEEP
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 the
Use of Compensatory Mitigation Banks as amended by
S L 2011 343
This acceptance is valid for six months from the date of this letter and is not transferable If we have not received a copy of the
issued 404 Pernut/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 nceep net
Based on the information supplied by you in your request to use the NCEEP the impacts that may require compensatory mitigation are
summarized in the following table The amount of mitigation required for this impact is determined by permitting agencies
Upon receipt of payment EEP will take responsibility for providing the compensatory mitigation 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
Thank you for your interest in the NCEEP U you have any questions or need additional information please contact Kelly Williams at
[phone]
Sincerely
4 S"Po 4U�--
Mich a llison
Deputy Director
cc Karen Higgins NCDWQ Wedands/401 Unit
Tasha McCormick USACE Asheville
Linda Wiggs NCDWQ Asheville
Rebekah Newton, agent
File
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IF�CE R
North Carolina Ecosystem Enhancement Program 1652 Mad Service Center Raleigh NC 27699 1652 / 919 715 0476 / www nceep net
River
CU
Stream (feet)
Wetlands (acres)
Buffer I
Buffer U
Basin
Location
(Sq Ft)
I (Sq Ft.)
Cold
Cool
Warm
Riparian
Non Riparian
Coastal Marsh
Impact
French
06010108
1376
0
0
0
0
0
0
0
Broad
Upon receipt of payment EEP will take responsibility for providing the compensatory mitigation 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
Thank you for your interest in the NCEEP U you have any questions or need additional information please contact Kelly Williams at
[phone]
Sincerely
4 S"Po 4U�--
Mich a llison
Deputy Director
cc Karen Higgins NCDWQ Wedands/401 Unit
Tasha McCormick USACE Asheville
Linda Wiggs NCDWQ Asheville
Rebekah Newton, agent
File
Rmbru-tg Edwwwg Pro" Our Jta&
IF�CE R
North Carolina Ecosystem Enhancement Program 1652 Mad Service Center Raleigh NC 27699 1652 / 919 715 0476 / www nceep net

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