20120632 Ver 1_Approval Letter_20121026

NC ®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Chuck Wakild, P E Dee Freeman
Governor Director Secretary
October 26, 2012
Mr. Rolf Pippert
Unimin Corporation
PO Box 588
7638 HWY 226 South
Spruce Pine, NC 28777
Re: West School House Mine, Avery County
DWQ #20120632; USACE Action ID. No. SAW- 2011 -07162
Ut to Brushy Creek [040306, 7 -2 -29, C, TR]
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Pippert:
Attached hereto is a copy of Certification No. 3944 issued to Mr. Rolf Pippert and Unimin Corporation,
dated October 26, 2012. In addition, you should get any other federal, state or local permits before you
go ahead with your project including (but not limited-to) Solid Waste, Sediment and Erosion Control,
Stormwater, Dam Safety, Non - discharge and Water Supply Watershed regulations.
You can contest this Certification as provided in Articles 3 and 4 of G.S. 150B by filing a written petition
for an administrative hearing. You may obtain the petition form from the office of Administrative
hearings. You must file the petition with the office of Administrative Hearings within sixty (60) calendar
days of receipt of this Certification. A petition is considered filed when it is received in the office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts
filings Monday through Friday between the hours of 8:00am and 5:00pm, except for official state
holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative
Hearings. The petition may be faxed, provided the original and one copy of the document is received by
the Office of Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings, 6714
Mail Service Center, Raleigh, NC 27699 -6714, Telephone: [phone], Fax: [phone]. A copy
of the petition must also be served on DENR as follows: Mr. William Cary, General Counsel, Department
of Environment and Natural Resources, 1601 Mail Service Center, Raleigh, NC 27699 -1601.
If modifications are made to an original Certification, you have the right to an adjudicatory hearing on
the modifications upon written request within sixty (60) calendar days following receipt of the modified
Certification.
Unless a petition is filed as described above, this Certification shall be final and binding.
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Mr. Rolf Pippert and Unimin Corporation 00
Page 2 of 6
October 26, 2012
if we can be of further assistance, please contact Karen Higgins at 919 - 807 -6360.
Sincerely,
4 ,n
C arles Wakild,
CW /kah /ijm
Attachments: Certificate of Completion
NCDWQ 401 WQC Summary of Permanent Impacts and Mitigation Requirements
cc: Jeff Garnett, EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA 30303
USACE Asheville Regulatory Field Office
Linda Wiggs, DWQ Asheville Regional Office
DLR, Asheville Regional Office
Rebekah Newton, CEC, Inc., 224 South Grove Street, Suite F, Hendersonville, NC 28792
File Copy
Filename: 20120632 WestSchoolHouseMine (Ave ry)401_IC

Mr. Rolf Pippert and Unimin Corporation
Page 3 of 6
October 26, 2012
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92 -500 and
95 -217 of the United States and subject to the North Carolina Division of Water Quality (DWQ) Regulations
in 15 NCAC 2H, Section .0500, to Mr. Rolf Pippert and Unimin Corporation, who have permission to fill or
otherwise impact 0.01acres of 404 /wetland and 1,376 linear feet of stream associated with expansion of
the West School House Mine which is located northeast of downtown Spruce Pine, north of Brushy Creek
Road, Avery County, North Carolina, pursuant to an application dated June 6, 2012, and received by the
DWQ on June 28, 2012, with additional information received on September 28, 2012, and by Public Notice
issued by the USACE on June 26, 2012, and received by the DWQ on June 26, 2012.
The application and supporting documentation provides adequate assurance that the proposed work
will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore,
the State of North Carolina certifies that this activity will not violate the applicable portions of Sections
301, 302, 303, 306, 307 of PL 92 -500 and PL 95 -217 if conducted in accordance with the application, the
supporting documentation, and conditions hereinafter set forth.
This approval is for the purpose and design submitted in the application materials and as described in
the Public Notice. If the project is changed, prior to notification a new application for a new
Certification is required. If the property is sold, the new owner must be given a copy of the Certification
and approval letter and is thereby responsible for complying with all conditions of this Certification. Any
new owner must notify the Division and request the Certification be issued in their name. Should
wetland or stream fill be requested in the future, additional compensatory mitigation may be required
as described in 15A NCAC 2H .0506 (h) (6) and (7). If any plan revisions from the approved site plan
result in a change in stream or wetland impact or an increase in impervious surfaces, the DWQ shall be
notified in writing and a new application for 401 Certification may be required. For this approval to be
valid, compliance with the conditions listed below is required.
Conditions of Certification:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts to
wetlands, streams, and /or buffers, are approved including incidental impacts:
Type of Impact
Amount Approved (Units)
Plan Location or Reference
404 /Wetlands — riparian
0.01 (acres)
Application and Public Notice
Stream
1,376 (linear feet)
Application and Public Notice
Sediment and Erosion Control:
2. Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:

Mr. Rolf Pippert and Unimin Corporation "
Page 4 of 6
October 26, 2012
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor -owned or leased borrow pits associated with the project.
c. Sufficient materials required for stabilization and /or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the 404 /401Permit Application. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion control
Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur;
4. Sediment and erosion control measures shall not be placed in wetlands or waters without prior
approval from the Division. If placement of sediment and erosion control devices in wetlands and
waters is unavoidable, design and placement of temporary erosion control measures shall not be
conducted in a manner that may result in dis- equilibrium of wetlands or stream beds or banks,
adjacent to or upstream and down stream of the above structures. All sediment and erosion
control devices shall be removed and the natural grade restored within two (2) months of the date
that the Division of Land Resources or locally delegated program has released the project;
Protective Fencing - The outside buffer, wetland or water boundary and along the construction
corridor within these boundaries approved under this authorization shall be clearly marked with
orange warning fencing (or similar high visibility material) for the areas that have been approved
to infringe within the buffer, wetland or water prior to any land disturbing activities;
Continuing Compliance:
Mr. Rolf Pippert and Unimin Corporation shall conduct construction activities in a manner
consistent with State water quality standards (including any requirements resulting from
compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements
of State law and federal law. If the Division determines that such standards or laws are not
being met (including the failure to sustain a designated or achieved use) or that State or federal
law is being violated, or that further conditions are necessary to assure compliance, the Division
may reevaluate and modify this Certification to include conditions appropriate to assure
compliance with such standards and requirements in accordance with 15A NCAC 2H.0507(d).
Before modifying the Certification, the Division shall notify Mr. Rolf Pippert and Unimin
Corporation, and the US Army Corps of Engineers, provide public notice in accordance with 15A
NCAC 2H.0503 and provide opportunity for public hearing in accordance with 15A NCAC
2H.0504. Any new or revised conditions shall be provided to Mr. Rolf Pippert and Unimin
Corporation in writing, shall be provided to the United States Army Corps of Engineers for
reference in any Permit issued pursuant to Section 404 of the Clean Water Act, and shall also
become conditions of the 404 Permit for the project;

Mr. Rolf Pippert and Unimin Corporation
Page 5 of 6
October 26, 2012
7. Mitigation:
Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you wish to make a payment to the Stream Restoration Fund administered by
the NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement. This has
been determined by the DIVISION to be a suitable method to meet the mitigation requirement.
Until the EEP receives and clears your check (made payable to: DENR — Ecosystem
Enhancement Program Office), no impacts specified in this Authorization Certificate shall
occur. The EEP should be contacted at (919) 716 -1921 if you have any questions concerning
payment into a restoration fund. You have 120 days from the date of this approval to make this
payment. For accounting purposes, this Authorization Certificate authorizes payment into the
Stream Restoration Fund to meet the following compensatory mitigation requirement:
Type of Impact
Compensatory Mitigation
River and Sub -basin
Required
Number
Stream
1,376 (linear feet)
French
Broad /06010108
8. Construction Stormwater Permit NCG010000
An NPDES Construction Stormwater Permit is required for construction projects that disturb one
(1) or more acres of land. This Permit allows stormwater to be discharged during land disturbing
construction activities as stipulated in the conditions of the permit. If your project is covered by
this permit, full compliance with permit conditions including the erosion & sedimentation
control plan, inspections and maintenance, self- monitoring, record keeping and reporting
requirements is required. A copy of the general permit (NCG010000), inspection log sheets, and
other information may be found at http: / /portal.ncdenr.org /web /wq /ws /su /npdessw #tab -w .
Re- opener Clause
Mr. Rolf Pippert and Unimin Corporation, and its authorized agents shall conduct its activities in
a manner consistent with State water quality standards (including any requirements resulting
from compliance with section 303(d) of the Clean Water Act) and any other appropriate
requirements of State law and federal law. Mr. Rolf Pippert and Unimin Corporation, shall
require its contractors (and /or agents) to comply with all of the terms of this Certification, and
shall provide each of its contractors (and /or agents) a copy of this Certification. A copy of this
Certification shall be included in the construction contract and available on the job site at all
times. If DWQ determines that such standards or laws are not being met (including the failure
to sustain a designated or achieved use) or that State or federal law is being violated, or that
further conditions are necessary to assure compliance, DWQ may reevaluate and modify this
certification to include conditions appropriate to assure compliance with such standards and
requirements in accordance with 15A NCAC 02H.0507(d). Before modifying the certification,
DWQ shall notify Mr. Rolf Pippert and Unimin Corporation, and the US Army Corps of Engineers,
provide public notice in accordance with 15A NCAC 02H.0503 and provide opportunity for public
hearing in accordance with 15A NCAC 02H.0504. Any new or revised conditions shall be
provided to Mr. Rolf Pippert and Unimin Corporation, in writing, shall be provided to the United
States Army Corps of Engineers for reference in any permit issued pursuant to Section 404 of
the Clean Water Act, and shall also become conditions of the 404 Permit for the project.

Mr. Rolf Pippert and Unimin Corporation
Page 6 of 6
October 26, 2012
10. Turbidity
The turbidity standard of 10 NTUs (Nephelometric Turbidity Units) shall not be exceeded as
described in 15 A NCAC 2B.0211 (k).
11. Flow
The UT to Brushy Creek, downstream of the impact, shall be visually monitored by Unimin for
loss of hydraulic function /flow and to determine if the stream continues to provide aquatic life
propagation and biological integrity per required in 15 A NCAC 2B. 0211(1). Visual and
photographic monitoring of the UT below the impacts shall begin immediately and continue
throughout the project during the months of June, July and August. Annual reports of the visual
and photographic documentation shall be submitted to the Asheville Regional Office on
November 1 of each year.
12. Temperature
The temperature shall not exceed 20 degrees C (68 degrees F) 15 A NCAC 213.0211(j)
13. The DWQ Asheville Regional Office shall be contacted 72 hours prior to start of construction.
14. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the Wetlands, Buffers, Stormwater, Compliance and Permitting Unit
(WeBSCaPe), North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699 -1650.
Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application shall expire upon expiration of the 404 or CAMA Permit.
This the 26th day of October 2012
DIVISION OF WATER QUALITY
l�
h rles Wakild, P.E.
3944
CW /kah /ijm