20140356 Ver 1_Corps of Engineer Correspondence_20140828

REPLY TO
ATTENTION OF:
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, C
151 PATTON AVENUE
ROOM 208
ASHEVILLE, NORTH CAROLINA 28801-5006
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The Quartz Corp, USA
Mr. Todd Mickleborough
Post Office Box 309
Spruce Pine, North Carolina 28777
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Reference is made to the additional information and response to public comments submitted
on July 30, 2014. The purpose of this letter is to provide you with our comments and concerns
reoardingAhe—jnficLuwgw��
in support of your application so that we may continue the review of your permit request.

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We have reviewed the compensatory mitigation information provided and determined that it
is not adequate based on the following:
Section 332.3(h)(2) of the Final Rule also states that "where preservation is to be used to
provide compensatory mitigation, to the extent appropriate and practicable the
preservation shall be done in conjunction with aquatic resource restoration,
establishment, and/or enhancement activities". Based • the availability of credits
Monitoring
County
Stream
Stream Restoration
Year
Restoration
Equivalent Credits
Credits Available
Available
Sink Hole Creek
4
Mitchell
33.00
215.20
UT to Bald Creek
3
Yancey
881.67
167.80
Dog Bite Creek
5
Mitchell
3,242.00
0
Elk Branch
3
Mitchell
2,868.67
0
Three Mile Creek 1-
5
Avery
5,072.00
1,224.20
Section 332.3(h)(2) of the Final Rule also states that "where preservation is to be used to
provide compensatory mitigation, to the extent appropriate and practicable the
preservation shall be done in conjunction with aquatic resource restoration,
establishment, and/or enhancement activities". Based • the availability of credits

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Based on these existing protection mechanisms, we believe the proposed mitigation phl
rails to illustrate a demonstrable threat to the Beaver Creek site.
We appreciate your attention to this matter and request your response on or before
September 15, 2014. Failure to respond may result in further processing delays or withdrawal of
your permit request. If you have any questions, please contact me at (828)-271-7980, extension
226.

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-, I M
Ms. Tasha McCormick
US Army Corps of Engineers
151 Patfori Avenue, Room 208
Asheville, North Carolina 28801
FISH AND WILDLIFE SERVICE
Asheville Field Office
160 Zillicoa Street
Asheville, North Carolina 28801
A U ( i 2 81 ' 'U' I 'r

We appreciate the opportunity to provide these comments. If we can be of assistance or if you have any
questions, please contact Mr. Bryan Tompkins of our staff at 828/258-3939, Ext. 240. In any future
correspondence concerning this project, please reference our Log Number 4-2-14-256.
- - original signed - -
10,

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united States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Field Office
160-Zillicoa Street
Asheville, North Carolina 28801
Ms. Tasha McCormick
US Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, North Carolina 28801
Fish and Wildlife Resources — We are concerned about the potential direct, indirect, and
secondary impacts that could occur to the streams, wetlands, and forested areas on the subject
property. It is important that you minimize or a-void impacts to the aquatic resources located
and downstream of the property. The proper planning, design, and installation of stream
crossings provide year-round aquatic organism passage and preserve healthy streams. We

recommend the following Web site for additional information. regarding stream crossing
activities:
IN
1. Use grassed sales in place of curb and gutter and on-site storm-water
management (i.e., bioretention areas) that will result in no net change in the
hydrology of the watershed.
N

Attachment 1

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Inflommatstwistm
We appreciate the opportunity to provide these conunents. If we can be of assistance or if you
have any questions, please contact Mi. Bryan Tompkins of our staff at 8281258-3939, Ext. 240,
In any future correspondence concerning this project, please reference our Log Number
4-2-14-256.
- - aria 7ial signed - -
Janet Mizzi
Field SUDervisoj
9

I've received news that our mitigation proposal has been rejected by the Corps of Engineers
Z thank everyone at the Corps DENR for considering the proposal, and I'd like to offer my
apologies to all for introducing a proposal that has brought forth this controversy and
potential risk of 5EL[ litigation.
To prevent further contention, I'm withdrawing mitigation efforts in the Beaver [reek
watershed from further consideration, and advising Q[ that EEP would be the better source of
mitigation credits'
Z do hope that the opponents of this mitigation bank are right, and I'm wrong' about its
rejection being good news for the Toe River.
On Fri, Aug 15, 2014 at 12:30 AM, Tim Sweeney <chathaml3@@gmail.com> wrote:
Thanks for sharing your perspective! I think our disagreement is centered on two
issues, so I'll share my thoughts on those'
Of that various types of mitigation projects' I see pure preservation as bringing the
highest benefit, for the following reasons:
- The rules require a much higher ratio of permanent stream frontage conservation than
restoration projects'
- The rules only allow this in the case of especially important ecological areas, hence
lots of high-quality stream frontage is protected per foot of stream impacted elsewhere.
- Compared to a labor- and equipment-intensive restoration project, a far larger
portion of the cost of establishing the bank goes into acquiring the land, thus it's a more
economically efficient to ensure permanent protection on a rolling basis.
- I have general skepticism of the benefit of typical farm stream restoration projects
as generally implemented by creating artificial meandering streams elevated up to ground
level to "repair incised stream banks". I'm not an environmental scientist, but from hiking
all over North Carolina and occasionally finding a completely intact natural stream on
0

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#n Thu, Aug 14, 2014 at 11:26 AM, DI Gerken <[e-mail]> wrote:
Thank you for copying us on this email. We appreciated the opportunity to meet
with your consultants recently and we remain committed to an open dialogue on these issues.

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First/ let me start with my genuine appreciation for your substantial
conservation investments in our state. We appreciate your work to preserve important natural
areas in the mountains of western North Carolina. In general, we do not object to
conservation buyers like yourself taking maximum advantage of tax incentives, mitigation
credits and any other viable funding mechanism to extend the impact of their conservation
expenditures.
9

From- Tim Sweeney [mailto:chathaml30 @gmail.com]
Sent: Wednesday, July 23, 2.014 10:54 PM
To: Amelia Burnette; DJ Gerken; [e-mail],
[e-mail]; [e-mail]
Cc, Lynnette Batt; Jeff Fisher
Subject: The Quartz Corp, USA -- SAW-2013-01376
M

Best Regards,
Tim Sweeney
(Note: I'm the sole owner 130 of Chatham LL[ and Rocky River Hydro LL[, and [En
of Epic Games, all separate and unrelated entities)
I

'4AMawsaw
'ta
NCDENR
North Carolina Department of Environment and Natural Resources
Todd N4ickleborough
The Quartz Corp, USA8342 Highway 226 South
Spruce Pine, INC 28777
Project: Pine Mountain 'Mine
Michael Ellison, Director John E. Skvarla, III
Ecosystem Enhancement Program Secretary
August 19, 2014
)Expiration of Acceptance: February 19, 20 IS
County: INfliclidl
The purpose of this letter is to notify you that the North Carolina, Ecosystern Enhancement Pro--g-'am (NCEEP) is willing to accept
payment for compensator y' mitigation gation for impacts associated. with the above referenced project pus 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 pad rrientto the NNCEEP-will be
approved. You must also comply with all other state, federal or local govertimentpet.-n-Cits. iregulatkab orauthorizaflaris associated
with the Use of Compensatory Mitigation Banks as amended by
S,U 2011-343.
This acceptance is valid for six months from the date of this letterand is not transferable. If we have not received a copy of the
issued 404 Permit1401 Certification/CANIA permit within this time frame. thisaceeptance will expire. It is die applicanCs
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 permitzrid payment must be made prior to conducting the authorized work. The amount of die, in-
Lieu Fee to be paid to NCEEP by an applicant is calculated based upon.. the Fee Schedule and policies listed nt. wwxv.uceep.nct,
Based on the information supplied by you in your request to use the WEEP, the impacts that may require compensatory mitigation
are summarized in the, following table. The amount of mitigation required and assigned to NCEEP for this impact is determined by
permitting agencies and may exceed the impact arnounts shown below,
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. The rni'tigation will be perf6rinei
in accordance with the N.C. Department of Environment and Natural Resources' Ecosystem Enhancement Progra
m N4-icu Fee
I astruinent dated July 28, 2010..
Thank you for your interest in the NCEEP. If you have airy questions or need additional information. please contact, Kelly Williams at
[phone].
cc Jennifer Burdette, NCDWR Wetlands/401 Unit
Tasha Alexander., USACE- Asheville
Jennifer Robertson,,-agent
Sincerely, NL/U
James.
Asset Management Supervisor
1652 Mail Service Center, Raleigh, North Carolina 276?9-1652
Phone: [phone] Internet.* mvw.ncdenr.gov
An Equal Opporturiiry 1 Affirciative Action Employer- leade in part by recycled paper
River CU
Stream (feet)
Wetlands (acres) Buffer I I Buffer
Basin Location
j (Sq. Ft:) I (Sq. ft)
Cold Cool
arm
Riparian 1 Non-Riparian I Coastal Marsh
.Impact
French 06010108
French
road
Broad
11�,220 0
0
0 0 1 0 0 0
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. The rni'tigation will be perf6rinei
in accordance with the N.C. Department of Environment and Natural Resources' Ecosystem Enhancement Progra
m N4-icu Fee
I astruinent dated July 28, 2010..
Thank you for your interest in the NCEEP. If you have airy questions or need additional information. please contact, Kelly Williams at
[phone].
cc Jennifer Burdette, NCDWR Wetlands/401 Unit
Tasha Alexander., USACE- Asheville
Jennifer Robertson,,-agent
Sincerely, NL/U
James.
Asset Management Supervisor
1652 Mail Service Center, Raleigh, North Carolina 276?9-1652
Phone: [phone] Internet.* mvw.ncdenr.gov
An Equal Opporturiiry 1 Affirciative Action Employer- leade in part by recycled paper