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HomeMy WebLinkAbout20071250 Ver 4_Individual_20130306CLearWaLer C1earWater Environmental Consultants, Inc. www.ewenv.com March 5, 2013 Ms. Tasha McCormick US Army Corps of Engineers Asheville Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, North Carolina 28801 -2638 Ms. Karen Higgins NC Division of Water Quality 1650 Mail Service Center Raleigh, North Carolina 27699 RE: Unimin Corporation Quartz Processing Plant — Tailings Dump Hawldns Mine — South Mine Waste Dump Mitchell County, North Carolina Ms. McCormick and Ms. Higgins, of - taso v j ft� P I�'i @GC aM@ MAR 0 6 2013 The attached Individual Permit application is being submitted on behalf of the Unimin Corporation represented by Mr. Doug Myers. The Unimin Corporation is seeking permit authorization for impacts associated with development of two dumps located in Spruce Pine, Mitchell 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 application 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, ���GU�cus Rebekah L. Newton Project Biologist A? R. CL/ ent Riddle, . S Principal Copy Furnished: NC Division of Water Quality; Asheville Regional Office — Tim Fox 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 Tel 828 - 698 -9003 Fax Individual Permit Application for U.S. Army Corps of Engineers Section 404 Permit North Carolina 401 Water Quality Certification March 2013 Applicant: Attn: Doug Myers P.O. Box 588 7638 Highway 226 South Spruce Pine, NC 28777 Project: Quartz Processing Plant — Tailings Dump and Hawkins Mine — South Mine Waste Dump Prepared by: C1earWater Environmental Consultants, Inc. 224 South Grove Street, Suite F Hendersonville, North Carolina 28792 828 - 698 -9800 Individual Permit Application for U.S. Army Corps of Engineers Section 404 Permit North Carolina 401 Water Quality Certification March 2013 Applicant: Attn: Doug Myers P.O. Bog 588 7638 Highway 226 South Spruce Pine, NC 28777 Project: Quartz Processing Plant — Tailings Dump and Hawkins Mine — South Mine Waste Dump Prepared by: ClearWater Environmental Consultant 224 South Grove Street, Suite F Hendersonville, North Carolina 281 828 -698 -9800 Corps Submittal Cover Sheet Please provide the following info: 1. Project Name: Quartz Processing Plant Tailings Dump and Hawkins Mine South Mine Waste Dump 2. Name of Property Owner /Applicant: Unimin Corporation; Attn: Doug Myers 3. Name of Consultant/Agent: C1earWater Environmental Consultants, Inc. *Agent authorization needs to be attached. 4. Related/previous Action ID numbers(s): 2008 -1254 5. Site Address: NC Highway 226 6. Subdivision Name: n/a 7. City: Spruce Pine 8. County: Mitchell 9. Lat: 35.930598N Long: - 82.096735W (Decimal Degrees Please 10. Quadrangle Name: Spruce Pine 11. Waterway: Little Bear Creek, North Toe River, unnamed tributaries 12. Watershed: Nolichucky 06010108 13. Requested Action: X Individual Permit # General Permit # Jurisdictional Determination Request Pre - Application Request The following information will be completed by the Corps office: I 10 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: CLear r Department of the Army Wilmington District, Corps of Engineers Attn: Ken Jolly, Chief Regulatory Division PO Box 1890 Wilmington, 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 permits 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: )A;P^ f n Property Owner Address: a 5 I m .. NPR (,a r\o o n C D&-740-S-309 Phone Number: 2F,2S - 7 l P 5- q a3? 21 Property Location: Owner/Managing partner S Date: 224 South Grove Street, Suite F Hendersonville, NC 28792 Phone: 828-698-9800 Fax: 828 -698 -9003 www.cwenv.eom Penland Bailey Estate, LLC 1959 N. Peace Haven Road PMB 192 Winston - Salem, NC 27106 Donald Duncan and Maxine Tru 454 Hawkins Branch Road Spruce Pine, NC 28777 Joe and Shirley Hoilman 363 Thompson Road Spruce Pine, NC 28777 Unimin Corporation Adjacent Landowners GP Sullins Heirs Etal c/o RA Dickson PO Box 458 Gastonia, NC 28053 Sam and Rachel Watson 501 Hawkins Branch Road Spruce Pine, NC 28777 Rhonda Buchanan Etal 273 Peaceful Lane Bakersville, NC 28705 Sam Cook 281 Pine Branch Road Spruce Pine, NC 28777 Russell Duncan 446 Hawkins Branch Road Spruce Pine, NC 28777 U.S. ARMY CORPS OF ENGINEERS APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT OMB APPROVAL NO 071 33 CFR 325. The proponent agency is CECW -CO -R EXPIRES 28 FEBRUARY RY 20 2013 3 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 subject to any penalty for fading to comply with a collection of information if it does not display a currently valid OMB control number Please DO 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 form will 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 part of a public notice as required by Federal law. Submission of requested information is voluntary, however, if information is not provided the permit application cannot be evaluated nor can a permit be issued One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application (see sample drawings and/or 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 THRU 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 BYAPPLfCAMI) 5. APPLICANTS NAME 8. AUTHORIZED AGENTS NAME AND TITLE (agent is not required) First - Doug Middle - Last - Myers First - R Middle -Clement Last - Riddle Company - Unimin Corporation Company - ClearWater Environmental Consultants, Inc. E-mail Address - dmyers @unimin.com E -mail Address - clement@cwenv.com 6 APPLICANTS ADDRESS: 9 AGENTS ADDRESS- Address- 7638 NC Highway 226 South Address- 224 South Grove Street, Suite F City - Spruce Pine State - NC Zip - 28777 Country -USA City - Hendersonville State - NC Zip - 28792 Country -USA 7. APPLICANTS PHONE NOs. w /AREA CODE 10. AGENTS PHONE NOs. WAREA CODE a. Residence b. Business c. Fax a. Residence b Business c. Fax 828 - 7654823 828 - 698 -9800 STATEMENT OF AUTHORIZATION 11. 1 hereby authorize, to I y behalf as my agent in the processing of this application and to furnish, upon request, supplemental information In support of this ermi pplication D APPLICANT DATE 7URE ,r NAME, LOCATION, AND DESCRIPTION OF PROJECT OR ACTIVITY 12. PROJECT NAME OR TITLE (see instructions) Quartz Processing Plant - Tailings Dumps and Hawkins Mine - South Mine Waste Dump 13. NAME OF WATERBODY, IF KNOWN rd applicable) 14. PROJECT STREET ADDRESS (if applicable) Little Bear Creek, North Toe River, unnamed tributaries Address NC Highway 226 15. LOCATION OF PROJECT Latitude: -N 35.930598 Longitude. -W - 82.096735 City - Spruce Pine State- NC Zip- 28777 16. OTHER LOCATION DESCRIPTIONS, IF KNOWN (see Instructions) State Tax Parcel ID Municipality Section - Township - Range - r-nv rvmm nava, uL. t zu't[ PREVIOUS EDITIONS ARE OBSOLETE Page 1 of 3 17. DIRECTIONS TO THE SITE From Asheville, take Future 1 -26 North towards Woodfin/Weaverville to Exit 9 (US Highway 19) Take Exit 9 and turn right onto US Highway 19. Travel through the Town of Burnsville and turn left (north) onto NC Highway 226 before entering downtown Spruce Pine. Travel approximately 1.7 miles on NC Highway 226. The Hawkins Quartz processing plant is on the left and the Hawkins Mine is on the right. 18 Nature of Activity (Description of project, include all features) The applicant, the Unimin Corporation, proposes to continue development of two dump sites: the south mine waste dump located at the Hawkins Mine immediately southwest of the active mine area and the tailings dump located at the Quartz processing plant. See application. 19 Project Purpose (Describe the reason or purpose of the project, see Instructions) The purpose of the proposed projects is to continue the development and achieve design capacity at two waste areas, the tailings dump and the south mine waste dump, at the Unimin Corporation's Hawkins Mine and Quartz processing plant. See application narrative. USE BLOCKS 20.23 IF DREDGED AND /OR FILL MATERIAL IS TO BE DISCHARGED 20. Reason(s) for Discharge Fill material in the form of culverts/under drains will be placed in jurisdictional streams and wetlands on the sites. Tailings and raw waste material will be placed in the dump locations. See application narrative. 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 Culverts and under drains. See application. 22. Surface Area in Acres of Wetlands or Other Waters Filled (see instructions) Acres 0.044 AC of wetlands. See application narrative. or Linear Feet 1,305 LF of stream channel. See application narrative. 23 Description of Avoidance, Minimization, and Compensation (see Instructions) See application narrative. tnG wRM 4345, OGT 2012 Page 2 of 3 24. Is Any Portion of the Work Already Complete? []Yes ❑X No IF YES, DESCRIBE THE COMPLETED WORK 25 Addresses of Adjoining Property Owners, Lessees, Etc , Whose Property Adjoins the Waterbody (d more than can be entered here, please attach a supplemental list) a Address- See attached list City - State - 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 received from other Federal, State, or Local Agencies for Work Described in This Application AGENCY TYPE APPROVAL' IDENTIFICATION DATE APPLIED DATE APPROVED DATE DENIED NUMBER Would include but is not resbicted to zoning, building, and flood plain permits 27. Application is hereby made for permit or permits to authorize the work described in ti(isapplication. I certify that this information In this application is complete and accurate. I further certify that I possess the authority to undertake the wo bed It or am acting as the duly authorized agent of the applicant SIGNATURE OF APPLICANT DATE LIGNA Clicant) OF AGENT DATE The Application must be signed by the person who desires to undertake the pro posed y or it may be signed by a duly authorized agent if 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 knowingly 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 same 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 2012 Page 3 of 3 TABLE OF CONTENTS LISTOF FIGURES ..................................................................................................................... ............................... ii 1.0 INTRODUCTION TO PROJECT ................................................................................ ..............................1 1.1 Project Location ......................................................................................................... ............................... 1 1.2 Jurisdictional Waters ................................................................................................... ..............................1 2.0 BACKGROUND/PRIOR PROJECT HISTORY ........................................................ ..............................3 3.0 EXISTING SITE CONDITIONS ................................................................................. ............................... 4 3.1 Disturbed Riparian Forest .......................................................................................... ............................... 4 3.2 Disturbed Mixed Pine Hardwood Forest .................................................................... ............................... 4 3.3 Cleared Area ............................................................................................................... ............................... 4 3.4 Streams and Wetlands ................................................................................................ ............................... 4 3.5 Soils ............................................................................................................................. ..............................5 3.6 Fish and Wildlife Use of the Project Site ................................................................... ............................... 5 3.7 Threatened and Endangered Species .......................................................................... ............................... 5 3.8 Cultural Resources ..................................................................................................... ............................... 5 4.0 PROJECT PURPOSE ................................................................................................... ............................... 7 5.0 PROPOSED PROJECT DEVELOPMENT ................................................................. ..............................8 6.0 DISCUSSION OF ALTERNATIVES .......................................................................... ............................... 9 6.1 Avoidance ................................................................................................................... .............................10 6.2 Minimization .............................................................................................................. .............................11 6.3 Alternatives Conclusion ............................................................................................. .............................12 7.0 CONCEPTUAL MITIGATION PLAN ....................................................................... .............................13 8.0 US ENVIRONMENTAL PROTECTION AGENCY 404(b)(1) GUIDELINES ....... .............................14 8.1 Factual Determination ................................................................................................ .............................14 8.2 Potential Impacts on Physical and Chemical Characteristics of the Aquatic Ecosystem ........................ 14 8.3 Potential Impacts to Biological Characteristics of the Ecosystem .............................. .............................15 8.4 Potential Impacts on Special Aquatic Sites ................................................................ .............................17 8.5 Potential Effects on Human Use Characteristics ........................................................ .............................18 8.6 Summary .................................................................................................................... .............................18 9.0 PUBLIC INTEREST CONSIDERATIONS ................................................................ .............................19 9.1 Conservation ............................................................................................................... .............................19 9.2 Economics .................................................................................................................. .............................19 9.3 Aesthetics ................................................................................................................. ............................... 20 9.4 General Environmental Concerns ............................................................................. ............................... 20 9.5 Wetlands ..................................................................................................................... .............................20 9.6 Historic Properties .................................................................................................... ............................... 20 9.7 Fish and Wildlife Values .......................................................................................... ............................... 20 9.8 Flood Hazards .......................................................................................................... ............................... 21 9.9 Floodplain Values ..................................................................................................... ............................... 21 9.10 Land Use .................................................................................................................. ............................... 22 9.11 Navigation ................................................................................................................ ............................... 22 9.12 Shore Erosion and Accretion .................................................................................... ............................... 22 9.13 Recreation ................................................................................................................... .............................22 9.14 Water Supply and Conservation ............................................................................... ............................... 22 9.15 Water Quality (Stonmwater Management) ............................................................... ............................... 22 9.16 Energy Needs ........................................................................................................... ............................... 22 9.17 Safety .......................................................................................................................... .............................23 9.18 Food and Fiber Production ....................................................................................... ............................... 23 9.19 Mineral Needs .......................................................................................................... ............................... 23 9.20 Considerations of Property Ownership ..................................................................... ............................... 23 9.21 Needs and Welfare of the Public .............................................................................. ............................... 23 10.0 SECONDARY AND CUMULATIVE EFFECTS ..................................................... ............................... 24 11.0 SUMMARY .................................................................................................................... .............................25 LIST OF FIGURES Figure 1 Site Vicinity Map Figure 2 USGS Topographic Map Figure 3a and 3b Soils Map Figure 4a and 4b Site Plan Figure 5 100 Year Floodplain Map LIST OF APPENDICES Attachment A Jurisdictional Determination Information Attachment B EEP Correspondence Attachment C Stream Forms ii 1.0 INTRODUCTION TO PROJECT The applicant, the Unimin Corporation, proposes to continue development of two dump sites: the south mine waste dump located at the Hawkins Mine immediately southwest of the active mine area and the tailings dump located at the Quartz processing plant. 1.1 Proiect Location The Hawkins Mine is located on the east side of Highway 226 and the Quartz processing plant is located west of Highway 226; both sites are located approximately 1.7 miles north of Spruce Pine in Mitchell County, North Carolina. A site vicinity map (Figure 1) and a USGS topographic map are included for review (Figure 2). 1.2 Jurisdictional Waters Quartz Processing Plant — Tailings Dump - Tributaries on site include Little Bear Creek, unnamed tributaries to Little Bear Creek, and unnamed tributaries to the North Toe River. Streams within the Quartz processing plant project boundary are tributaries 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 stream channels on site are classified by the NC Division of Water Quality (DWQ) as class "C, Tr" waters. There are wetlands located within the Quartz processing plant tailings dump project boundary. The wetlands are small and abutting associated stream channels. Hawkins Mine - South Mine Waste Dump — Tributaries on site include unnamed tributaries 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 are no wetlands located within the Hawkins Mine south mine waste dump project boundary. The table below summarizes the total amounts of jurisdictional waters on both sites. On -site Totals Feature Amount Unit Stream 7,800 linear feet Wetlands 0.044 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. 2.0 BACKGROUND/PRIOR PROJECT HISTORY 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 Unimin Corporation was founded in 1970. The Spruce Pine mining district leads the nation in production of high -quality quartz used for semiconductors, solar energy cells, high intensity lighting, quartz tubing, etc. A permit application requesting written authorization for impacts associated with development of a mine waste dump at the Unimin Corporation's Hawkins Mine was submitted by ClearWater Environmental Consultants, Inc. (CEC), on behalf of the Unimin Corporation in April 2008. The NC Division of Water Quality issued the 401 Water Quality Certification on February 27, 2009 (Project # 20071250 Ver. 3) and the US Army Corps of Engineers (Corps) issued the requested permit on May 20, 2009 (Action ID 2008 - 1254). Impacts and required mitigation for this project have been complete and the project has been "closed out" by the Corps. A "Notice of Jurisdictional Determination" was issued by the Corps on May 19, 2011 for the Hawkins Mine south mine waste dump project boundary (Attachment A). A "Notice of Jurisdictional Determination" was issued by the Corps on January 31, 2013 for the Quartz processing plant tailings dump project boundary (Attachment A). k3 3.0 EXISTING SITE CONDITIONS The project sites consists of an operational mine and quartz processing plant, existing dump space, disturbed wooded areas, cleared areas, and associated infrastructure. 3.1 Disturbed Riparian Forest This habitat is varied and often contains mesophytic and hydrophytic species. Communities include tributaries in the bases of coves or at the toes of the slopes. Tree species observed along the stream banks include eastern hemlock (Tsuga canadensis), red maple (Acer rubrum), and tulip poplar (Liriodendron tulipifera). Shrubs observed in this habitat include rhododendron (Rhododendron maximum), pepperbush (Clethra acuminata), and spicebush (Lindera benzoin). Species observed in the herbaceous layer include coneflower (Rudbeckia laciniata), bugleweed (Lycopus sp), goldenrod (Solidago sp), and stiff cowbane (Oxypolis rigidior). This area has been disturbed by historic and active mining. 3.2 Disturbed Mixed Pine Oak Forest This mesic to xeric community is found along the ridges. Trees species observed include white oak (Quercus alba), black oak (Quercus velutina), northern red oak, southern red oak (Quercus falcate), white pine (Pinus strobus), Virginia pine (Pinus virginiana), and eastern hemlock. Species observed in the shrubs layer include mountain laurel (Kalmia latifolia) , rhododendron, and blueberry (Vaccinium sp.). This area has been disturbed by historic and active mining. 3.3 Cleared Area Cleared areas include the operational mine and existing dump space. These areas are devoid of trees and shrubs and include bare rock or dump material. Stabilized areas are vegetated with Johnson grass (Sorghum sp.) or other species commonly used for erosion control. 3.4 Streams and Wetlands Streams on the sites include Little Bear Creek, unnamed tributaries to Little Bear Creek, and unnamed tributaries to the North Toe River. There are approximately 7,800 linear feet of stream channel within the two project boundaries. In general, these tributaries flow north to south and eventually into 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. Generally, stream channels proposed for impact are of low quality as they have been impacted by historic and current land use activities. There are approximately 0.044 acre of wetlands located within the Quartz processing plant tailings dump project boundary. The wetlands are small and adjacent to associated stream channels. 4 3.5 Soils The project sites are located within the Mountains physiographic region of North Carolina and more specifically the Southern Crystalline Ridges and Mountains Ecoregion. Soils in this ecoregion are characterized as well - drained, acidic, loamy soils. Soil series present on the sites include: Biltmore, Cashiers, Chandler - Micaville, Fannin, Saunook, Udorthents, and Watauga. A soils map and legend have been attached for review (Figure 3a and 3b). 3.6 Fish and Wildlife Use of the Proiect Site It is expected that wildlife species inhabiting the sites would include those typically found in the forest types of the region previously described. Although site - specific studies and inventories documenting species utilization of the project area have not been conducted, general observations wildlife (mainly deer) use were recorded during the stream and wetland delineation and during on -site meetings. 3.7 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 review involved a review of the FWS list of protected species in Mitchell County and the NHP Element Occurrence data on which NHP identifies current and historic occurrences of listed species for a specific locale. The NHP database identifies 43 element occurrences (EO) within a 5 -mile radius of the project sites; six EOs hold federal status and are subject to Section 7 consultation. These EOs are listed below. Common Name Scienti c Name Status Appalachian elktoe Alasmidonta raveneliana endangered spreading avens Geum radiatum endangered bog turtle Gl tem s muhlenber ii threatened s/a rock gnome lichen G mnoderma lineare endangered Roan Mountain bluet Houstonia montana endangered Virginia s irea S irea virginiana threatened Due to the active mining and processing activities taking place at the Hawkins Mine and Quartz processing plant and the disturbed nature of the remaining habitats, it is the opinion of CEC that federally protected species are not likely to be present within the project boundaries. As such, the proposed activities at the project sites are not likely to cause an adverse impact to any federally threatened or endangered species or their critical habitat. 3.8 Cultural Resources A desk review of the National Register of Historic Places records maintained by the NC State Historic Preservation Office (SHPO) and available on SHPO's HPOWEB GIS Service indicates five historic properties within 2 miles of the Hawkins Mine and Quartz processing plant project areas: the Penland Post Office and General 5 Store (SHPO Site # ML0069) located southwest approximately 0.5 mile, the Penland School Historic District (NPS Reference # 03001270) located west approximately 1.2 miles, the Henry Willis House (NPS Reference # 88001051) located west approximately 1.9 miles, the Gunter Building (NPS Reference # 02000112) located south approximately 1.9 miles, and the Downtown Spruce Pine Historic District (NPS Reference # 03000855) located south approximately 2 miles. It is the opinion of CEC that activities taking place within the project boundaries will not affect the integrity of the historic sites. The SHPO will be notified via Public Notice about the projects and will be given the opportunity to comment on the projects and their potential effects on archaeological and cultural resources. 6 4.0 PROJECT PURPOSE The purpose of the proposed projects is to continue the development and achieve design capacity at two waste areas, the plant tailings dump and the south mine waste dump, at the Unimin Corporation's Hawkins Mine and Quartz processing plant. 5.0 PROPOSED PROJECT DEVELOPMENT The tailings dump at the Quartz processing plant and the proposed south mine waste dump at the Hawkins Mine were approved by the Division of Land Quality (DLQ) in 1999 and 2005, respectively. The proposed impacts will enable the Unimin Corporation to achieve the original design capacity for these areas as permitted by the DLQ. The proposed project includes the continued development of the tailings dump at the Quartz processing plant (Figure 4a) and the south mine waste dump southwest of the active mine area at the Hawkins Mine (Figure 4b). Impacts to unnamed tributaries to the North Toe River associated with the south mine waste dump and tailings dump are as follows: New Stream hn acts Associated with Modification Linear Feet Impact 1 — quartz processing plant (Figure 4a 84 hn act 3 — quartz processing plant (Figure 4a 325 Impact 5 — quartz processing plant (Figure 4a 126 Impact 6 — quartz processing plant (Figure 4a 70 Impact 8 — south mine waste dump (Figure 4b 110 Impact 9 — south mine waste dump (Figure 4b 590 Total 1,305 New Wetland Impacts Associated with Modification Acres I n act 2 — quartz processing plant (Figure 4a 0.008 I n act 4 — quartz processing plant (Figure 4a 0.001 Impact 7 — quartz processing plant (Figure 4a 0.035 Total 0.044 6.0 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 Hawkins Mine and Quartz processing plant in Mitchell County, North Carolina. 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 severity 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 aquatic ecosystem." [See Memorandum.] "If an alleged alternative is unreasonably expensive to the applicant, the alternative is not practicable." [See Guidelines Preamble, "Economic Factors," 45 Federal Register 85343 (December 24, 1980).] Practicable alternatives for the project are those alternatives 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).] Clarification 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). The 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 applicant's financial standing, or investment, or market share, a cumbersome inquiry which is not necessarily material to the objectives of the Guidelines. 9 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. 6.1 Avoidance In order to meet the stated project purpose, the waste areas must be located in close proximity to the Quartz processing plant (in the case of the tailings dump) and the active mine area (in the case of the mine waste dump). The waste areas must be sited on existing mine property and/or leases and in a location that does not hinder existing Quartz processing plant activities and mining. Waste material cannot be placed over potentially mineable ore. And, waste areas must be easily accessible to limit hauling costs and increased traffic on public roads. Logistically, continuous and central dump space is preferable to multiple small dump locations placed throughout the county. The Quartz processing plant and mine have existing dumps on site. The proposed projects constitute the continued development of these dumps to meet the design capacity for the dumps as a whole. In order to meet design capacity as a whole, additional dump space must be adjacent to the existing dumps on site. The Unimin Corporation operates two types of waste disposal dumps associated with the mining process. The first type, the tailings dump, is located in the area directly northwest of the newly constructed Quartz processing plant. The second type is a mine waste dump which is located in active mining areas. The tailings dump exclusively serves as a repository for waste products generated during mineral processing. This waste product, commonly termed "tailings ", ranges in size from clay and silt to coarse sand. Additionally, this material has a relatively high initial moisture content ( >20 %). As such, after the tailings are loaded and transported to the dump they must be allowed to dry through a combination of mechanical mixing and exposure to the atmosphere. Once suitably dry, the material is spread into 8 to 10 -inch lifts. These lifts are then mechanically compacted to a minimum of 95% of the Standard Proctor maximum dry density. The mine waste dumps are distinctly different from the tailings dump. Mine waste dumps are comprised of raw rock waste generated in the blasting and mining processes. Any material that does not meet quality specifications for processing is separated prior to crushing and deposited into these dumps. The waste material is poorly sorted with a particle size range from silt and clay to 10 small boulders. Mine waste is deposited into these dumps by end- dumping and dozing. As detailed above, the two dump types, the materials disposed, and the methods used for constructing the dumps are distinctly different. However, these are not the only reasons that these dumps are not interchangeable and that the Unimin Corporation must maintain two separate locations. Additional reasons are as follows: • The cost of transporting tailings to the dumps located at the Hawkins Mine is highly impracticable. Currently, a 25 -ton capacity articulated haul truck is used to transport all tailings. This requires approximately 30 round trips of 0.8 miles per trip. One operator is used for loading and hauling. Contrarily, if this material were placed into a mine waste dump in the Hawkins Mine, it would require approximately three tandem dump trucks hauling a total of approximately 60 round trips of 3.2 miles per trip. The incremental cost of three additional operators, haulage, and fuel is unreasonable. The cost of transporting rock waste from the Hawkins Mine to the tailings dump is even more unfavorable due to the high volumes of material comparatively. • The lack of maintaining both of these dumps will also affect the safety of plant personnel and the public. Moving tailings to the mine waste dumps, or vice versa, would greatly increase the crossing traffic on Highway 226. This is a heavily traveled thoroughfare. The Unimin Corporation currently experiences an average of two major vehicular accidents per year at this crossing. Any further traffic will expound upon the existing risk. • Each dump, whether tailings or mine waste dumps, have been specifically designed and permitted to match the slope stability characteristics of the material currently placed into them. Changing the permitted materials of construction may be possible through permit modifications but is potentially costly, lengthy, and uncertain. • Due to the topography of the region in proximity to the Quartz processing plant and mining operations, the availability of suitable property for waste and/or tailings disposal is extremely limited. Thus, the Unimin Corporation must maximize all of its existing disposal areas in order to ensure longevity. 6.2 Minimization The site has been planned to avoid streams and wetlands to the maximum extent practicable while complying with designs approved by DLQ in 1999 and 2005. The table below summarizes the total avoidance and minimization that has taken place within the project boundaries. 11 Amount Percent Feature Avoided and Avoided and Minimized Minimized Streams 6,495 LF 83 Wetlands 0 0 11 6.3 Alternatives Conclusion This discussion of avoidance and minimization, together with the documents submitted by the applicant in support of the 404 Permit, show that the project is in compliance with the Guidelines. As this analysis clearly demonstrates, the proposed projects are designed to avoid and minimize impacts to the sites to the maximum extent practicable while complying with previously approved dump designs. 12 7.0 CONCEPTUAL MITIGATION PLAN Upon completion and implementation of all practical avoidance and minimization efforts, 1,305 linear feet of stream channel and 0.044 acre of wetlands associated with the development of the proposed project are unavoidable. The applicant proposes to mitigate for unavoidable stream impacts (1,305 linear feet of stream) at a mitigation activity ratio of 1:1 through payment into the EEP in -lieu fee program. By letter dated January 22, 2013, EEP has indicated they are willing to accept payment for impacts at the project site. The acceptance letter is enclosed for review (Attachment B). Stream Quality Assessment Forms for the sites are also enclosed for review (Attachment C). 13 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)1. 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, and 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. 8.1 Factual Determination The Corps is required to determine both potential short-term and long -term effects of a proposed discharge of fill material on the physical, chemical, and biological components of an aquatic environment. 8.2 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 Fill material in the form of culverts /under drains will be placed in jurisdictional streams and wetlands on the sites. Any discharge will consist of suitable fill material and will not include any trash, debris, car bodies, asphalt, etc. The fill material will also be free of toxic pollutants in toxic amounts. Proper sediment and erosion control measures will be installed prior to and during construction to ensure that the bottom elevation of remaining streams and wetlands on the sites will not change. 14 8.2.2 Suspended Particulate/Turbidity (Sediment and Erosion Control) During construction activities on the sites, 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. 8.2.3 Water Quality The proposed discharge of fill material 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. All discharges of fill material will be controlled with a sediment and erosion control plan. The applicant will be concurrently applying for a NC Division of Water Quality, Water Quality Certification. 8.2.4 Current Patterns in Water Circulation The discharge of fill material 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, water circulation and patterns will be re- established in the stream channels provided as mitigation. 8.2.5 Normal Water Fluctuations The discharge of fill material associated with these projects is not anticipated to have any significant effect on the downstream hydrologic regimes. 8.2.6 Salinity Because these projects are located inland and away from tidally influenced waters and wetlands, no modification to the salinity of on -site or adjacent waters is expected. 8.3 Potential Impacts to Biological Characteristics of the Ecosystem Sub -Part D of the 40 C.F.R. 230 guidelines specifies three areas of concern in which discharge of fill material can affect the biological components of the ecosystem. These components are threaten and endangered species; fish, crustaceans, mollusks, other aquatic organisms in the food web; and wildlife. 8.3.1 Threatened or Endangered Species CEC has conducted a file review of records maintained by the FWS and NHP. The desktop literature review involved a review of the FWS list of protected species in Mitchell County and the NHP Element Occurrence data on which NHP identifies current and historic occurrences of listed species for a specific locale. The NHP database identifies 43 EOs within a 15 5 -mile radius of the project sites; six EOs hold federal status and are subject to Section 7 consultation. The EOs are listed below. Common Name Scientific Name Status Appalachian elktoe Alasmidonta raveneliana endangered spreading avens Geum radiatum endangered bog turtle Gl tem s muhlenber ii threatened s/a rock gnome lichen G mnoderma lineare endangered Roan Mountain bluet Houstonia montana endangered Virginia s irea S irea vir iniana threatened Due to the active mining and processing activities taking place at the Hawkins Mine and Quartz processing plant and the disturbed nature of the remaining habitats, it is the opinion of CEC that federally protected species are not likely to be present within the project boundaries. As such, the proposed activities at the project sites are not likely to cause an adverse impact to any federally threatened or endangered species or their critical habitat. 8.3.2 Fishes, Crustaceans, Mollusks, and other Aquatic Organisms in the Food Web Discharges of fill material 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 sites; however, food chain production will be re- establish over time in the streams provided as mitigation. Net impacts to primary food chain production are expected to be minimal. 8.3.3 Other Wildlife The discharge of fill material 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 was apparent on the sites, because the project areas are within close proximity to existing mining and processing facilities, wildlife habitat is minimal. Noise pollution, denuded vegetation, and anthropogenic activity make this area less desirable for resident and migrant wildlife. While a loss of wildlife habitat for stream - dependent and wetland species may result from the project, the proposed mitigation will compensate for any minor loss of habitat. 16 8.4 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 The discharge fill material 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. There are no designated sanctuaries of refuges located within the vicinity of the projects; therefore, impacts to sanctuaries or refuges will not occur as a result of the proposed projects. 8.4.2 Wetlands The discharge of fill material 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 discharge of fill material associated with development at the sites will impact 0.044 acre of on -site wetlands. Wetland impacts are minimal. 8.4.3 Mud Flats Discharge of fill material has the potential to negatively affect mud flats that exist along inland lakes, ponds, and riverine systems. There are no mud flat communities within the vicinity of the projects; therefore, loss of these ecosystems will not occur as a result of the proposed projects. 8.4.4 Vegetated Shallows Discharge of fill material has the potential to negatively affect 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 vicinity of the projects; therefore, no impacts to this ecosystem will occur as a result of the proposed projects. 8.4.5 Coral Reefs Discharge of fill material has the potential to negatively affect coral reefs. Coral reefs typically exist within marine ecosystems. Coral reefs do not exist within the vicinity of the projects; therefore, no impacts to this ecosystem will occur as a result of the proposed projects. 17 8.4.6 Riffle -Pool Complexes Discharge of fill material into or upstream of riffle -pool complexes has the potential to negatively affect water quality and wildlife value. Fill has the potential to be placed into riffle -pool complexes. Any permanent impact to riffle -pool complexes will be mitigated for through the proposed mitigation plan. 8.5 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 project boundaries. 8.5.2 Recreational and Commercial Fisheries Discharge of fill material has the potential to negatively affect recreational and commercial fisheries. Streams and wetlands on the project sites are not a part of any recreational or commercial fishery. Activities taking place within the project boundaries will not adversely impact recreational or commercial fisheries. 8.5.3 Water - Related Recreation Proposed activities within the project boundaries will not increase or decrease waterborne recreation in the project boundaries or vicinity. 8.5.4 Aesthetics The proposed project sites are within the boundaries of an operational mine and Quartz processing plant. The proposed projects are 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 will be effected by the proposed projects. 8.6 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 1,305 linear feet of streams and 0.044 acre of wetland will not cause any off -site adverse impacts. Mitigation offered through payment in to the EEP will compensate for any on -site impacts. 18 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 project, the practicability of using reasonable alternative locations, and the extent and permanence of the beneficial and/or detrimental impacts of the project. 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 applicant has extensively evaluated these factors through the planning process and believes that the proposed project is clearly not contrary to the public interest. 9.1 Conservation The applicant is not proposing preservation as a component of the project; however, those projects completed by the EEP in association with these projects will be preserved in perpetuity. 9.2 Economics The Unimin Corporation operates at least two 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. 19 9.3 Aesthetics The proposed project sites are within the boundary of an operational mine and Quartz processing plant. The proposed projects are not expected to increase or diminish the aesthetic value of the area or cause disharmony from an aerial or neighboring view. 9.4 General Environmental Concerns Other than stream and wetland impacts, proposed development activities within the project boundaries will have no significant identifiable impacts upon other environmental components. 9.5 Wetlands The discharge fill material 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 discharge of fill material associated with development at the sites will impact 0.044 acre of on -site wetlands. Wetland impact is minimal. 9.6 Historic Properties A desk review of the National Register of Historic Places records maintained by the NC State Historic Preservation Office (SHPO) and available on SHPO's HPOWEB GIS Service indicates five historic properties within 2 miles of the Hawkins Mine and Quartz processing plant project areas: the Penland Post Office and General Store (SHPO Site # ML0069) located southwest approximately 0.5 mile, the Penland School Historic District (NPS Reference # 03001270) located west approximately 1.2 miles, the Henry Willis House (NPS Reference # 88001051) located west approximately 1.9 miles, the Gunter Building (NPS Reference # 02000112) located south approximately 1.9 miles, and the Downtown Spruce Pine Historic District (NPS Reference # 03000855) located south approximately 2 miles. It is the opinion of CEC that activities taking place within the project boundary will not affect the integrity of the historic site. The SHPO will be notified via Public Notice about the projects and will be given the opportunity to comment on the projects and their potential effects on archaeological and cultural resources. 9.7 Fish and Wildlife 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 varies with the type of vegetation in riparian and wetland areas, but includes fruit, seed, foliage, twigs, buds, insects, and other 20 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 moist vegetation and in wetlands that are often associated with riparian areas. 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 was apparent on the sites, because the project areas are within close proximity to existing mine and processing facilities, wildlife habitat is minimal. Noise pollution, denuded vegetation, and anthropogenic activity make this area less desirable for resident and migrant wildlife. While a loss of wildlife habitat for stream - dependent species may result from the proposed projects, the proposed mitigation should compensate for any lost functions and values. 9.8 Flood Hazards It is likely that some tributaries on the project sites will flood occasionally due to natural fluctuations in weather patterns that increase precipitation. The activities taking place within the project boundaries are not expected to increase or decrease the natural rate of flooding at the sites or downstream. 9.9 Floodnlain Values Designated floodplains do exist downslope of the railroad tracks adjacent to the North Toe River within the Hawkins Quartz processing plant tailings dump project boundary (FEMA Map Panel 0880, effective February 4, 2009). However, designated floodplains will not be impacted by activities within Hawkins quartz processing plant tailings dump project boundary. Flood stages and frequencies should not increase or decrease as a result of the activities taking place within the quartz processing plant project boundary. A map showing the 100 -year floodplain boundary is included for review (Figure 5). 21 9.10 Land Use The proposed projects will be in compliance with local zoning regulations and ordinances. The projects are consistent with surrounding land use and development. 9.11 Navigation Streams on both sites are tributaries 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. Activities proposed at the project sites are not likely to affect navigation. 9.12 Shore Erosion and Accretion The projects should have minimal effects on erosion and runoff. Erosion control plans will be implemented as part of the construction plan for the projects. During the construction process, best management practices (BMPs) will be followed. These BMPs will include the construction of swales, erosion and sediment control structures, turbidity barriers, and other measures that will prevent sediment transport off the project sites and into adjacent waters. Activities proposed at the project sites are not likely to cause significant erosion or accretion. 9.13 Recreation Proposed activities will not increase or decrease waterborne recreation on the sites or in the vicinity of the projects. 9.14 Water Supply and Conservation The public water supply will not increase or decrease due to proposed activities within the project boundaries. 9.15 Water Ouality (Stormwater Management) No short term or long term adverse water quality impacts are anticipated. BMPs will be incorporated during construction. The applicant will be concurrently applying for a NC Division of Water Quality, Water Quality Certification. 9.16 Energy Needs Activities taking place within the proposed project boundaries, during construction and at full build out, are not expected to significantly increase energy demands beyond the capacity of the local facility. Energy will not be produced as a result of the proposed activities within the proposed project boundaries. 22 9.17 Safety The proposed projects will be designed with the maximum possible considerations for public safety. The proposed activities at the project sites will not increase or decrease public safety. Access to the sites by the general public is prohibited, eliminating any threat to public safety. 9.18 Food and Fiber Production The proposed activities within the project boundaries will not increase or decrease food and fiber production. 9.19 Mineral Needs The proposed projects fulfill the need for high- quality quartz. The Unimin Corporation's Hawkins Mine is a producer of high- quality quartz used in semiconductors, solar energy cells, high intensity lighting, quartz tubing, etc. Any activity completed in support of the mine and existing operations will promote mineral production at the site. 9.20 Considerations of Property Ownership The Unimin Corporation owns and/or leases 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 Unimin Corporation 7638 NC Highway 226 South Spruce Pine, North Carolina 28777 9.21 Needs and Welfare of the Public The projects will positively address the needs and welfare of the public by promoting mineral production and economic growth in the community of Spruce Pine, Mitchell County, North Carolina. 23 10.0 SECONDARY AND CUMULATIVE EFFECTS The proposed projects are located within the French Broad River Subbasin 04- 03 -06. Approximately 87 percent of this subbasin is forested and the total land mass includes approximately 445 square miles (297,600 acres). The two proposed project sites are comprised of approximately 257 acres (0.40 square miles). All of the land mass for the project sites account for less than 0.08 percent of the land mass of the basin. These percentages alone, limit significant cumulative effects on the watershed. Past activities within the subbasin include logging, agricultural and residential development, road building, and mining. Mining activities are continuing at the Unimin Corporation's Hawkins Mine and competitors' mines. 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 Hawkins Mine and Quartz processing plant. Impacts within the project boundaries include fill of stream channels through the development of the tailing dump and south mine waste dump. Avoidance and minimization activities have lessened impacts associated with the proposed projects and their effect cumulatively on the watershed will be minimal. Activity within the project boundaries should not result in a major impairment of the water resources on site or interfere with the productivity and water quality of the existing aquatic ecosystem. 24 11.0 SUMMARY The development of the tailings dump at the Hawkins Quartz processing plant and the south mine waste dump at the Hawkins Mine includes 6 permanent stream impacts and 3 permanent wetland impact associated placement of culverts /under drains and subsequent placement of fill. Alternatives have been discussed and the project as proposed is the least damaging practical alternative which meets the project purpose. 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 continued growth of Mitchell County. 25 Unimin - Quartz Processing Plant Tailings Dump and South Mine Waste Dump Now- ? PO Legend .r pajAve Svtut Aw — Mining Permit Boundary 4" sd Spruce � Iv V. Pine N New Mining Permit Boundary Fn ®lish Rd i` Active Mine Area c b g� 1153 V%%( Permitted Area 0 0.25 0.5 1 1.5 QProcess Plant Boundary iiiiii Miles P" Drawn b��l �1 15.12 cat Mitchell County, CLearWater Vicinity Map North Carolina Figure 1 224 South Grove Street, Suite F Hendersonville, North Carolina 28792 Unimin - Quartz Processing Plant Tailings Dump and South Mine Waste Dump Unimin - Quartz Processing Plant Tailings Dump � •dr 4 r 1s .; ;, .. 0 Legend Process Plant Boundary Soils BmA Biltmore CeE Chandler - Micaville ScC Saunook Ud; Un Udorthents W Water W9C; WgD; WgE Watauga Mitchell County, North Carolina OwarWater 224 South Grove Street, Suite F Hendersonville, North Carolina 28792 V� s jf i USDA Soils Map Figure 3a Unimin - South Mine Waste Dump c ` t 1 P Legend Mining Permit Boundary New Mining Permit Boundary ® Active Mine Area Permitted Area Soils CaF Cashiers FeC2; FeD2 Fannin SaB;ScC Saunook Un Udorthents WgC; WgD; WgE Watauga Mitchell County, North Carolina Permitted Area Corps Action ID 2008 -1254 DWQ Project # 20071250 a Fe s ,1� CLearWater 224 South Grove Street, Suite F Hendersonville, North Carolina 28792 a �� q ' � a 0 250 500 1,000 1,500 i USDA Soils Map Figure 3b Unimin - Quartz Processing Plant Tailings Dump ( +/- 172 AC) ```/ .4 N I + 1 inch = 500 feet 0 250 500 1,000 1,500 Feet Drawn by: RLN 01.17.13; CEC Project #693 Mitchell County, North Carolina A-- Project Data Total Project Area +/- 257 acres Jurisdictional Waters of the US Stream 7,800 linear feet Wetland 0.044 acres Open Water 0 acres Jurisdictional Impacts Stream (processing plant) 605 LF Stream (south mine waste) 700 LF Total Stream Impacts 1,305 LF Wetland (processing plant) 0.044 acres Wetland (south mine waste) 0 acres Total Wetland Impacts 0.044 acres Avoidance Streams 6,495 linear feet Wetlands 0 acres Mitigation Streams (EEP) 1,305 linear feet Wetlands (EEP) 0 acres CLear\A/ater 224 South Grove Street, Suite F Hendersonville, North Carolina 28792 Impact 1 84 LF Impact 2 0.008 AC Impact 3 f 325 LF VIA VA ._ FIA I ilv"A +1 #r1kJVV 'A -)A �Affir Legend 1 inch = 100 feet - Culvert Proposed Waste Area Stream Existing Basins (non jurisdictional) Wetland = Processing Plant Boundary Impact Map Figure 4a Unimin -South Mine Waste Dump ( +/- 85 AC) .egend Culvert ® Proposed Waste Area '- Stream Existing Basin (non - jurisdictional) ® Active Mine Area ' Mining Permit Boundary Permitted Area New Mining Permit Boundary �p X r 0 250 500 1,000 1,500 Feet Mitchell County, North Carolina Project Data Total Project Area +/- 257 acres Jurisdictional Waters of the US Stream 7,800 linear feet Wetland 0.044 acres Open Water 0 acres Jurisdictional Impacts Stream (processing plant) 605 LF Stream (south mine waste) 700 LF Total Stream Impacts 1,305 LF Avoidance Mitigation Wetland (processing plant) 0.044 acres Wetland (south mine waste) 0 acres Total Wetland Impacts 0.044 acres Streams 6,495 linear feet Wetlands 0 acres Streams (EEP) 1,305 linear feet Wetlands (EEP) 0 acres Permitted Area Corps Action ID 2008 -1254 DWQ Project # 20071250 Active Mine Area Not Delineated N _( r CLearWater 224 South Grove Street, Suite F Hendersonville, North Carolina 28792 Impact 8 110 LF Impact 9 590 LF 1 inch = 100 feet Drawn by: RLN 01.17.13; CEC Project #693 Impact Map Figure 4b Unimin - Quartz Processing Plant Tailings Dump Attachment A Jurisdictional Determination Information Hawkins Mine South Mine Waste Dump (dated May 20, 2011) Hawkins Quartz Processing Plant Tailings Dump (dated January 31, 2013) U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action I.D.: 2008 -1254 County: Mitchell U.S.G.S. Quad: Spruce Pine NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner /Agent: Address: Telephone No.: The Unimin Corporation Attention: Rolf Pippert Post Office Box 588 Spruce Pine, NC 28777 828 - 765 -4283 Property description: Size (acres): Approximately 85 acres in area delineated Nearest Waterway: North Toe River Coordinates: 35.9442/- 82.0789 Nearest Town: Spruce Pine River Basin: Nolichucky Hydrologic Unit Code: 06010108 Location Description: The site is located off of NC Hwy 226, near Spruce Pine, Mitchell County, North Carolina. The delineation is accurately depicted on the updated map submitted via email on May 4, 2011. 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) jurisdiction. To be considered final, a jurisdictional 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 331). 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 and wetlands 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 delineated. Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation 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 and wetlands 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.: 2008 -1254 This delineation/determination has been conducted to identify the limits of COE's Clean Water Act jurisdiction for the particular site identified in this request. The delineation/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 § 1311). 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 This site contains stream channels located on the property that exhibit indicators of ordinary high water marks. The stream channels on the property are unnamed tributaries to the North Toe River. The North Toe flows into the Nolichucky River which flows into the French Broad. The French Broad merges with the Holston River to form the Tennessee River. Tennessee River drains to the Ohio River then to the Mississippi before entering the Gulf of Mexico. D. Remarks Site visit conducted on May 3.2011 with Rebekah Newton and Clement Riddle, ClearWater Environmental Consultants. 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, Project 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 10, 2011. "`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: Issue Date: May 19, 2011 Expiration Date: May 19.2016 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 http:// pert .nwp.usace.army.mil/survey.html to complete the survey online. CF: Clearwater Environmental Consultants, Inc. 224 South Grove Street, Hendersonville, NC 28792 Attention: Rebekah Newton U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action I.D.: 2008 -1254 County: Mitchell U.S.G.S. Quad: Spruce Pine NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner /Agent: Address: Telephone No.: The Unimin Corporation Attention: Rolf Pippert Post Office Box 588 Spruce Pine, NC 28777 828 - 7654283 Property description: Size (acres): Approximately 85 acres in area delineated Nearest Waterway: North Toe River Coordinates: 35.9442/ - 82.0789 Nearest Town: Spruce Pine River Basin: Nolichucky Hydrologic Unit Code: 06010108 Location Description: The site is located off of NC Hwy 226, near Spruce Pine, Mitchell County, North Carolina. The delineation is accurately depicted on the updated map submitted via email on May 4, 2011. Indicate Which of the Following Army: 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) jurisdiction. To be considered final, a jurisdictional 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 331). 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 and wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water Act (CWAx33 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 delineated. Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation 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 and wetlands 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.: 2008 -1254 This delineation/determination has been conducted to identify the limits of COVs Clean Water Act jurisdiction for the particular site identified in this request. The delineation/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 § 1311). 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 This site contains stream channels located on the property that exhibit indicators of ordinary high water marks. The stream channels on the property are unnamed tributaries to the North Toe River. The North Toe flows into the Nolichucky River which flows into the French Broad. The French Broad merges with the Holston River to form the Tennessee River. Tennessee River drains to the Ohio River then to the Mississippi before entering the Gulf of Mexico. D. Remarks Site visit conducted on May 3.2011 with Rebekah Newton and Clement Riddle, ClearWater Environmental Consultants. 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, Project 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 10, 2011. * *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: Issue Date: May 19, 2011 Expiration Date: May 19.2016 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 hM: // pert .M.usace.army.mil /survgy.htmi to complete the survey online. CF: Clearwater Environmental Consultants, Inc. 224 South Grove Street, Hendersonville, NC 28792 Attention: Rebekah Newton Attachment B EEP Acceptance (dated January 22, 2013) Y E1 1W 'emsm1 PROGRAM January 22, 2013 Doug Myers Unimin Corporation 7638 NC Highway 226 Spruce Pine, NC 28777 Project: Hawkins Processing Plant and Mine Expiration of Acceptance: July 22, 2013 County: Mitchell 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 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.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. If you have any questions or need additional information, please contact Kelly Williams at (919) 707 -8915. Sincerely, Suza Klimek Acting Director cc: Karen Higgins, NCDWQ Wetlands/401 Unit Tasha McCormick, USACE- Asheville Tim Fox, NCDWQ - Asheville Rebekah Newton, agent File mtoru;t9... Enka"— Pro" Our Stag a ill AMM North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699 -1652 / 919 - 919 - 707 -8976 / www.nceep.net River CU Stream (feet) Wetlands (acres) Buffer I Buffer II Basin Location (Sq. Ft.) (Sq. Ft.) Cold Cool Warm Riparian Non-Riparian Coastal Marsh Impact French 06010108 1,305 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. If you have any questions or need additional information, please contact Kelly Williams at (919) 707 -8915. Sincerely, Suza Klimek Acting Director cc: Karen Higgins, NCDWQ Wetlands/401 Unit Tasha McCormick, USACE- Asheville Tim Fox, NCDWQ - Asheville Rebekah Newton, agent File mtoru;t9... Enka"— Pro" Our Stag a ill AMM North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699 -1652 / 919 - 919 - 707 -8976 / www.nceep.net Attachment C Stream Quality Assessment Worksheets USACE AID# DWQ # Site # (indicate on attached map) STREAM QUALITY ASSESSMENT WORKSHEET r Provide the following information for the stream reach under assessment: 1. Applicant's name: Unimin Corporation 2. Evaluator's name: R. Newton, C. Riddle 3. Date of evaluation: 11/18/10 4. Time of evaluation: 11:30 AM 5. Name of stream: UT North Toe River 6. River basin: Nolichuckv 7. Approximate drainage area: +/- 30 Acres 8. Stream order: First Order 9. Length of reach evaluated: AAurox. 100 LF 10. County: Mitchell 11. Site coordinates (if known): 35.936564.-82.085301 12. Subdivision name (if any): n/a 13. Location of reach under evaluation (note nearby roads and landmarks and attach map identifying stream(s) location):_ Small unnamed tributM in center of site 14. Proposed channel work (if any): fill 15. Recent weather conditions: Cloudy, rain within 48 hours 16. Site conditions at time of visit: Could 17. Identify any special waterway classifications known: _Section 10 _Tidal Waters _Essential Fisheries Habitat X Trout Waters _Outstan ding Resource Waters — Nutrient Sensitive Waters _Water Supply Watershed _(I -IV) 18. Is there a pond or lake located upstream of the evaluation point? YES NO If yes, estimate the water surface area: 19. Does channel appear on USGS quad map? YES NO 20. Does channel appear on USDA Soil Survey? YES NO 21. Estimated watershed land use: _% Residential _% Commercial 100 % Industrial _% Agricultural _% Forested _% Cleared / Logged _% Other ( ) 22. Bankfull width: 34 ft 23. Bank height (from bed to top of bank): 3 -6 ft 24. Channel slope down center of stream: _Flat (0 to 2 %) _Gentle (2 to 4 %) 2L-Moderate (4 to 10 %) _Steep (>10%) 25. Channel sinuosity: Straight X Occasional bends _Frequent meander _Very sinuous _Braided channel Instructions for completion of worksheet (located on page 2): Begin by determining the most appropriate ecoregion based on location, terrain, vegetation, stream classification, etc. Every characteristic must be scored using the same ecoregion. Assign points to each characteristic within the range shown for the ecoregion. Page 3 provides a brief description of how to review the characteristics identified in the worksheet. Scores should reflect an overall assessment of the stream reach under evaluation. If a characteristic cannot be evaluated due to site or weather conditions, enter 0 in the scoring box and provide an explanation in the comment section. Where there are obvious changes in the character of a stream under review (e.g., the stream flows from a pasture into a forest), the stream may be divided into smaller reaches that display more continuity, and a separate form used to evaluate each reach. The total score assigned to a stream reach must range between 0 and 100, with a score of 100 representing a stream of the highest quality. Total Score (from reverse): 56 Comments: Evaluator's Signature --PQ Date 11/18/10 This channel evaluation form is intended to be used only as a guide to assist landowners and environmental professionals in gathering the data required by the United States Army Corps of Engineers to make a preliminary assessment of stream quality. The total score resulting from the completion of this form is subject to USACE approval and does not imply a particular mitigation ratio or requirement. Form subject to change - version 06/03. To Comment, please call 919- 876 -8441 x 26. STREAM QUALITY ASSESSMENT WORKSHEET * These characteristics are not assessed in coastal streams. ECOREGION POINT RANGE # CHARACTERISTICS SCORE Caashl Piedmont Monabdu 1 Presence of flow / persistent pools in stream 0-5 0 - 4 0-5 4 no flow or sam stion = 0• sum flow = max points) 2 Evidence of past human altmadon 0-6 0-5 0-5 0 extensive attmadon = 0• no attacabion = max rots 3 Riparian zone 0-6 0-4 0-5 4 no buffet = 0, buffer = max 4 Evidence of nutrient or chemkal dbd cages 0-5 0 —4 0-4 4 exbeosive &cbwm = a no &schum = max pobW 5 dischur 0-3 0-4 0-4 3 no discimm = 0• etc. = max V 6 Presence of adjacent floodplain 0-4 0-4 0-2 0 no flooblain = 0• camsive fl laic = max points) 7 �nttvne1, / floodpWa seem 0-5 0 -4 0-2 3 entcenchod = 0• fiyquat flooding = max 8 Presence of adjacent wetlands 0-6 0 -4 0-2 0 no wetlands = a bw a4scat wadands = max 9 extensive con" 0• = max . 0-5 0 —4 0 —3 1 10 Sedtiment imput 0-5 0 -4 0-4 4 extensive little or no sodment = max 11 Size & dlva*y of eta d bed substrate NA* 0-4 0 — S 3 = 0• legm diverse sines = max 12 Evidence of ehaand ImMon or widening 0-5 0 - 4 0 — S 3 incised= etable bed dt berms = max points) 13 Presence of major book hftm 0-5 0-5 0-5 3 sevens emnon = ©• n0 stable batd<s — tna7C ' 14 Root depth and damft on bub ' 0-3 0-4 0-5 5 visible toots = a dense toots dwoothm = max 15 by livestock or timber production 0-5 0-4 0 —S 1 WmsmW impact =0• no evidmoe = man 16 Presenceof°si�� • 0 -3 0 -5 0 -6 3 rl/ oar ppks = mesa Ew" 17 Gjak Or no habitat = vaned habitats = max 0 -6 0 -6 0 -6 3 18 _ Can" 0 -5 0 -5 0--5 5 no metad SIM 19 embed" r • loose stmeriu�e = MR) NA* 0 —4 0-4 3 20 Presence of shneam btveztefu (see page 4) 0-4 0 - 5 0-5 1 no evidence = a common, nmam ftes = tax 21 Poememm of x"bbkas 0 -4 0-4 0 -4 0 no evidence = mm>eims types = max poift O 22 Presence of fbb 0 -4 0 -4 0 -4 0 (no evulanm= 0. commo% mmmms typo =max 23 Evidence of wWwo use 0 -6 0 -5 0 -5 3 ���= 0,abm� evidence =� Told Pshtts Possilde 100 100 100 TOTAL SCORE (also enter on Salt pass) 56 * These characteristics are not assessed in coastal streams. I USACE AID# DWQ # Site # (indicate on attached map) +�p!1P5 pFF 9 STREAM QUALITY WORKSHEET Provide the following information for the stream reach under assessment: 1. Applicant's name: Unimin Corporation 2. Evaluator's name: R. Newton, C. Riddle 3. Date of evaluation: 09/13/12 5. Name of stream: UT North Toe River 7. Approximate drainage area: +/- 10 Acres 4. Time of evaluation: 3:00 PM 6, River basin: Nolichucky 8. Stream order: First Order 9. Length of reach evaluated: Aorox. 100 LF 10. County: Mitchell 11. Site coordinates (if known): 35.93511, - 82.10507 12. Subdivision name (if any): n/a 13. Location of reach under evaluation (note nearby roads and landmarks and attach map identifying stream(s) location):_ Stream RD. 14. Proposed channel work (if any): fill 15. Recent weather conditions: Sunny and dry. 16. Site conditions at time of visit: SUM and dry 17. Identify any special waterway classifications known: X Trout Waters _Outstanding Resource Waters 18. Is there a pond or lake located upstream of the evaluatii 19. Does channel appear on USGS quad map? YES NO 21. Estimated watershed land use: _% Residential _Section 10 _Tidal Waters _Essential Fisheries Habitat Nutrient Sensitive Waters _Water Supply Watershed _(I -IV) 3n point? YES NO If yes, estimate the water surface area: 20. Does channel appear on USDA Soil Survey? YES NO �% Commercial `% Industrial _% Agricultural 70 % Forested 30 % Cleared / Logged _% Other ( ) 22. Bankfull width: 3 ft 23. Bank height (from bed to top of bank): 2 R 24. Channel slope down center of stream: 2L-Flat (0 to 2 %) _Gentle (2 to 4 %) _Moderate (4 to 10 %) _Steep ( >10 %) 25. Channel sinuosity: Straight X Occasional bends ,Frequent meander Very sinuous _Braided channel Instructions for completion of worksheet (located on page 2): Begin by determining the most appropriate ecoregion based on location, terrain, vegetation, stream classification, etc. Every characteristic must be scored using the same ecoregion. Assign points to each characteristic within the range shown for the ecoregion. Page 3 provides a brief description of how to review the characteristics identified in the worksheet. Scores should reflect an overall assessment of the stream reach under evaluation. If a characteristic cannot be evaluated due to site or weather conditions, enter 0 in the scoring box and provide an explanation in the comment section. Where there are obvious changes in the character of a stream under review (e.g., the stream flows from a pasture into a forest), the stream may be divided into smaller reaches that display more continuity, and a separate form used to evaluate each reach. The total score assigned to a stream reach must range between 0 and 100, with a score of 100 representing a stream of the highest quality. Total Score (from reverse): 35 Comments: Evaluator's Signature --O )U -GC.— Date 09/13/12 This channel evaluation form is intended to be used only as a guide to assist landowners and environmental professionals in gathering the data required by the United States Army Corps of Engineers to make a preliminary assessment of stream quality. The total score resulting from the completion of this form is subject to USACE approval and does not imply a particular mitigation ratio or requirement. Form subject to change - version 06/03. To Comment, please call 919- 876 -8441 x 26. STREAM QUALITY ASSESSMENT WORKSHEET * These characteristics are not assessed in coastal streams. ECOREGION POINT RANGE # CHARACTERISTICS SCORE Coastal Piedmont Mountain 1 Presence of flow / persistent poob in stream 0-5 0 - 4 0-5 3 no flow or saumdon = 0, = max 2 Evidence of past human alteration 0-6 0-5 0-5 3 extensive alteration = a no alteration = max rots 3 Riparian zone 0-6 0-4 0-5 2 no buffer= a condgwas, wide buffer= max 4 Evidence of nutrient or chem&sd diecharges 0-5 0 —4 0-4 1 extensive discharges = a no discharys = max 5 Groundwater discharge 0-3 0-4 0-4 3 no dbchaw = 0• Wdygs, wg% wedands, etc. = max 6 Presence of adjacent fbodplak 0— 4 0— 4 0— 2 0 no lain = 0• extensive lsin = mad rots 7 Entrenchment / floodplafn aces° 0-5 0-4 0 -2 0 a+ entrenched = a fiegog flooding = mad g Prevents of adjacent wedaneb 0-6 0-4 0-2 2 no mdands = 0• wetlands = max poiW g �� a danowy netwal =� 0 -5 0 -4 0 -3 1 10 0-5 0 -4 0 -4 2 input (edendw desxmition= 0; We =� I l Sine & divertdty of cbaund red so bdrete NA• 0-4 0 - 5 0 = 0, vow Siena - max 12 Evldence of dnmnd Juddon or wider " 0-5 0-4 0-5 3 incised= 0• stable bed & banns = men 13 Pceseneeef me* bank f 8wo ' 0 -5 0 -5 0 -5 3 severe erosion - a w stable bank — max 1114 Root depth and dwAly on barb ' 0 -3 0-4 0-5 3 F, no visible mots = a dense r = men 15 hPactb9' VvedoeI16 or pmhwdm 0 -5 0 -4 0 -5 1 dal ' =0• no evidence = moat 16 PreenceddMejosMp 0 -3 0 -5 0 -6 1 no or = =mad VOW Habflatcompieift 17 0 -6 0--6 0 -6 0 Oide arnobabitat= 0• varied babitm =meat 18 Canopy = eontirraous = mad � 0-5 0 —S 0 —S 4 lq NAB 0-4 0 -4 0 embedded= . = 20 Pronce of dream hwerbebaRa (w0 pop 4) ' 0-4 0-5 0 -5 2 no evWeaca = a m - mad 21 race 0 —4 0-4 0-4 1 M evidwce = 0; co = max points Qi =0• Premnce _� voints) 0 -4 0 -4 0 -4 0 23 Evidence of wildflfe use 0-6 0-5 0-5 0 no evidence = a abundain evidence = max 960 Total Plahrte rewm a 100 100 100 TOTAL SCORE (8190 entm on fib page) 35 * These characteristics are not assessed in coastal streams. USACE AID# DWQ # Site # (indicate on attached map) [Ell STREAM QUALITY ASSESSMENT WORKSHEET -A*- Provide the following information for the stream reach under assessment: 1. Applicant's name: Unimin Corporation 2. Evaluator's name: R. Newton, C. Riddle 3. Date of evaluation: 09/13/12 4. Time of evaluation: 3:00 PM 5. Name of stream: UT North Toe River 6. River basin: Nolichuchy 7. Approximate drainage area: +/- 10 Acres 8. Stream order: First Order 9. Length of reach evaluated: Approx. 100 LF 10. County: Mitchell 11. Site coordinates (if known): 35.93511, - 82.10507 12. Subdivision name (if any): n/a 13. Location of reach under evaluation (note nearby roads and landmarks and attach map identifying stream(s) location):_ Stream RA. 14, Proposed channel work (if any): fill 15. Recent weather conditions: Sunny and dry. 16. Site conditions at time of visit: Sunny and dry 17. Identify any special waterway classifications known: _Section 10 _Tidal Waters _Essential Fisheries Habitat X Trout Waters _Outstanding Resource Waters , Nutrient Sensitive Waters _Water Supply Watershed _(I -IV) 18. Is there a pond or lake located upstream of the evaluation point? YES NO If yes, estimate the water surface area: 19. Does channel appear on USGS quad map? YES NO 20. Does channel appear on USDA Soil Survey? YES NO 21. Estimated watershed land use: _% Residential _% Commercial _% Industrial _% Agricultural 70 % Forested 30 % Cleared / Logged _% Other 22. Bankfull width: 2 ft 23. Bank height (from bed to top of bank): 6 in 24. Channel slope down center of stream: _Flat (0 to 2 %) 2L-Gentle (2 to 4 %) _Moderate (4 to 10 %) _Steep ( >10 %) 25. Channel sinuosity: Straight X Occasional bends _Frequent meander _Very sinuous _Braided channel Instructions for completion of worksheet (located on page 2): Begin by determining the most appropriate ecoregion based on location, terrain, vegetation, stream classification, etc. Every characteristic must be scored using the same ecoregion. Assign points to each characteristic within the range shown for the ecoregion. Page 3 provides a brief description of how to review the characteristics identified in the worksheet. Scores should reflect an overall assessment of the stream reach under evaluation. If a characteristic cannot be evaluated due to site or weather conditions, enter 0 in the scoring box and provide an explanation in the comment section. Where there are obvious changes in the character of a stream under review (e.g., the stream flows from a pasture into a forest), the stream may be divided into smaller reaches that display more continuity, and a separate form used to evaluate each reach. The total score assigned to a stream reach must range between 0 and 100, with a score of 100 representing a stream of the highest quality. Total Score (from reverse): 38 Comments: Evaluator's Signature -7Wffi Date 09/13/12 This channel evaluation form is intended to be used only as a guide to assist landowners and environmental professionals in gathering the data required by the United States Army Corps of Engineers to make a preliminary assessment of stream quality. The total score resulting from the completion of this form is subject to USACE approval and does not imply a particular mitigation ratio or requirement. Form subject to change - version 06/03. To Comment, please call 919- 876 -8441 x 26. STREAM QUALITY ASSESSMENT WORKSHEET + These characteristics are not assessed in coastal streams. ECOREGION POINT RANGE # CHARACTERISTICS SCORE Coastal Hedmmnt Momttalm 1 Presence of flow / persistent pools in stream 0-5 0 —4 0 — S 4 no flow or saturation= 0, max rots 2 Evidence of past human alteration 0-6 0— S 0-5 2 exteaive alteration = 0• no alteration = max 3 Riparian zone 0 -6 0 -4 0 -5 5 nobn� =0, buffer =� 4 Evidence of nutrient or ehemieal discharges 0-5 0 —4 0 —4 0 estmsive = 0. disc = max 5 Groandwater disehar*e 0-3 0-4 0-4 3 = ebc. =max no a 6 Presence of adjacent flooapialm 0- a 0— 4 0— 2 0 floofthdn = o• ageoaive fl Wn = max 7 fl° t /°dplain � 0 -5 0 -4 0 -2 0 0,- fiegium 8 Presence of adjacent wetlands 0-6 0 -4 0 -2 2 m wands - 0. adfacft madends = man 9 C2mmddmwft ea �ive ehamdlioa 0• natural mender max . @— S 0 —4 0— 3 1 10 Sodt� ti 0-5 0-4 0-4 0 axtearsive _ max 11 She dt diverft of chaund bed substrate NA+ 0-4 0 — S 1 bEgIM — 2i kne, diverse shm — ma 12 of ehanael faddon or wing 0-5 0-4 0 — S 2 _ kcised = V dable bed R {lacks mess. 13 ofonjorbank 0 B 0-5 0 —S @ —S 3 erWon s 2i no stable bmdm — max 14 moat depth and demsW m banks 0-3 0 -4 0-5 2 no vim mss = Q• don roots = mm ' at! IS Input by q*dtw% Esc'or timber production ' 0 -5 0 -4 0 -5 1 wbs i =0• no evidence = mm I6 Presmce of rinapoolhippie,1ool complexes 0 -3 0 -5 0 -6 1 (no jfflEmoft of MU = I M@ = n= 22M nabkt eonplcft 17 or no haft= o• fmSTMh varied habho = max 0 -6 0 -6 0-6 3 as C%nW ^ ova streanibed � @ —s o--s o —s a 19 NA+ 0 -4 0 -4 0 emtbedded- 0• loose sbumm =max 20 Pe+a roofdre m&vwtebr*ft(9wpW4) 0 -4 0 -5 0 -5 2 �+ no a locum = mmaerm types - max ' 21 Price b 0 -4 0 -4 0 -4 2 _ =� 22 Preanee 0 —4 0-4 0-4 0 no avidewe = 0; _ max PoW 23 Evidence of wu fe use 0-6 0 — S 0-5 0 no evidaeoe = 0• abundant evidence =max ' Tob1 Points Poke 100 100 100 TOTAL SCORE (also enter on fird pW) 38 + These characteristics are not assessed in coastal streams.