20140356 Ver 1_Approval Letter_20140910

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NCDENR
Noqh Carolina Department of Environment and Natura� Resources
September 10, 2014
The Quartz Corp, USA
Attn: Mr. S. Todd Mickleborough
P 0 Box 309
Spruce Pine, NC 28777
John E, Skvarla, III
Secretary
DWR # 14 -0356
Mitchell County
Subject: Approval of Individual 401 Water Quality Certification with Additional Conditions
Pine Mountain Mine
USACE Action ID. No. SAW- 2013 -01376
Dear Ms. Dortch:
Attached hereto is a copy of Certification No. 4000 issued to Mr. S. Todd Mickleborough and The
Quartz Corp, USA, dated September 10, 2014. This certification replaces the previous
certification issued on September 8, 2014. Please note that you should get any other federal,
state or local permits before proceeding with the subject project, including those required by (but
not limited to) Sediment and Erosion Control, Non - Discharge, and Water Supply Watershed
regulations.
This approval and its conditions are final and binding unless contested. This Certification can be
contested as provided in Articles 3 and 4 of General Statute 1508 by filing a written petition for an
administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within
sixty (60) calendar days.
A petition form may be obtained from the OAH at htt wwrw.ncoa i cc rra _ or by calling the OAH
Clerk's Office at (919) 431 -3000 for information. A petition is considered filed when the original
and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal
office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state
holidays).
The petition may be faxed to the OAH at (919) 431 -3100, provided the original and one copy of the
petition along with any applicable OAH filing fee is received by the OAH within five (5) business
days following the faxed transmission.
Division of Water Resources — 401 & Buffer Permitting Unit
1617 Mail Service Center, Raleigh, North Carolina 27699 -1617
Location: 512 N. Salisbury St, Raleigh, North Carolina 27604
Phone: [phone] \ FAX: 919 - 807 -6494
Internet: www.ncwaterquality.org
An Equal Opportunity \ Affirmative Action Employer — Made in part by recycled paper

Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
67I4 Mail Service Center
Raleigh, NC27699-O714
The Quartz Corp, USA
DVVR#l4-O35G
Individual Certification #4O0O
Page 2of8
K sending via delivery service (UPS,
/edEx etc):
Office of Administrative Hearings
}7II New Hope Church Road
Raleigh, NC276Oq-6285
One (1) copy of the petition must also be served to DENR:
John Evans, General Counsel
Department of Environment and Natural Resources
1GO1 Mail Service Center
Raleigh, NC27699-1501
Unless such a petition is filed, this Certification shall be final and binding.
This certification completes the review of the Division under section 401 of the Clean Water Act
and I5ANCACO2H.O50]. Contact Tim Fox at828-296-4G64or or Jennifer
Burdetteat919-0O7-6364or i{ you have any questions Urconcerns.
Si
6-pl
ervisor
n;K itting Unit
cc: Jennifer Robertson, Wetland and Natural Resource Consultants, 775 Haywood Road,
Ste D, Asheville, NC288O6
USA[E Asheville Regulatory Field Office
Todd Bowers, EPA, Sam Nunn Federal Center, G1 Forsyth Street SW, Atlanta, GA 30303
OVVRAR[)4Olfiles
DVVR4OIO' Buffer Permitting Unit files
Filename: 140356PineK4ountainK4ine(K4bchd|)__401_I[_revsed.docx

The Quartz Corp, USA
DWR# 14 -0356
Individual Certification #4000
Page 3 of 8
2 M, .
CERTIFICATION #4000 is issued in conformity with the requirements of Section 401, Public Laws 92-
500 and 95 -217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H
.0500, to Mr. S. Todd Mickleborough and The Quartz Corp, USA, who have authorization for the
impacts listed below, as described within your application received by the N.C. Division of Water
Resources (Division) on April 11, 2014 and subsequent information on July 11, 2014, August 15,
2014, August 19, 2014, September 8, 2014 and September 10, 2014; and by Public Notice issued by
the U. S. Army Corps of Engineers and received by the Division on April 21, 2014.
The State of North Carolina certifies that this activity will not violate the applicable portions of
Sections 301, 302, 303, 306, 307 of the Public Laws 92 -500 and PL 95 -217 if conducted in
accordance with the application, the supporting documentation, and conditions hereinafter set
forth.
This approval requires you to follow the conditions listed in the certification below.
Conditions of Certification:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts to
wetlands, streams, and /or buffers, are approved including incidental impacts:
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Streams
1,220 (linear feet)
80 (linear feet)
Wetlands (404)
0.019 (acre)
0 (acre)
2. Compensatory Mitigation
Mitigation must be provided for the proposed impacts as specified in the table below. The
Division has received an acceptance letter from the NC Ecosystem Enhancement Program (EEP)
to meet this mitigation requirement. Until the EEP receives and clears your payment, and
proof of payment has been provided to this Office, no impacts specified in this Authorization
Certificate shall occur. For accounting purposes, this Authorization Certificate authorizes
payment to the EEP to meet the following compensatory mitigation requirement:
Compensatory
Mitigation Required
River and Sub -basin
Number
Stream
1220 (linear feet)
French Broad /06010108

The Quartz Corp, USA
DWR# 14-0356
Per the additional information received on September 8, 2014, the permittee will pay NCEEP
according to the schedule listed below.
Site #
Type of Impact
Compensatory
Mitigation
Required
Payment Due
1 & 5
Stream
220 (linear feet)
January 1, 2015
3 & 4
Stream
900 (linear feet)
January 1, 2016
2
100 (linear feet)
January 1, 2021
Construction within jurisdictional areas on the property shall begin only after the permittee
has made payment to the NCEEP and provided a copy of the payment documentation to the
US Army Corps of Engineers (USACE), and the NCEEP has provided written confirmation to the
USACE that it agrees to accept responsibility for the mitigation work required, in compliance
with the NCEEP In-Lieu Fee Instrument, approved by the USACE Wilmington District on July 28,
3. Construction plans for the ditch along the haul road to relocate approximately 1,308 linear feet
of stream shall be submitted to the Division for approval prior to construction.
4. The relocated stream and Little Bear Creek downstream of the confluence of these two
streams shall be visually monitored by The Quartz Corp, USA for instability. Visual monitoring
every three months shall begin at the time water is routed to the relocated stream and shall
continue until stability isdetermined by the Division. Annual reports of visual monitoring and
photographic documentation that has occurred in the previous twelve months shall be
submitted to the Asheville Regional Office on June lof each year.
5. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre-Construction Notification for this
project. All construction activities, including the design, installation, operation, and
maintenance of sediment and erosion control Best Management Practices shall be performed
so that no violations of state water quality standards, statutes, or rules occur. Approved plans
and specifications for this project are incorporated by reference and are enforceable parts of
this permit.
Sediment and Erosion Control
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices and if applicable, comply with the specific conditions and requiremen
of the NPDES Construction Stormwater Permit issued to the site: I

The Quartz Corp, USA
DWR# 14 -0356
Individual Certification #4000
Page 5 of 8
a. Design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal or exceed the requirements specified in the
most recent version of the North Carolina Sediment and Erosion Control Manual. The
devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil)
projects, including contractor -owned or leased borrow pits associated with the project.
b. For borrow pit sites, the erosion and sediment control measures must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Surface Mining Manual.
c. Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act and the
Mining Act of 1971.
d. Sufficient materials required for stabilization and /or repair of erosion control measures
and stormwater routing and treatment shall be on site at all times.
6. Sediment and erosion control measures shall not be placed in wetlands or waters. Exceptions
to this condition require application submittal to and written approval by the Division. If
placement of sediment and erosion control devices in wetlands and waters is unavoidable,
then design and placement of temporary erosion control measures shall not be conducted in a
manner that may result in dis- equilibrium of wetlands, stream beds, or banks, adjacent to or
upstream and downstream of the above structures. All sediment and erosion control devices
shall be removed and the natural grade restored within two (2) months of the date that the
Division of Energy, Mineral and Land Resources (DEMLR) or locally delegated program has
released the specific area within the project.
7. Construction Stormwater Permit NCG010000
An NPDES Construction Stormwater Permit is required for construction projects that disturb
one (1) or more acres of land. This Permit allows stormwater to be discharged during land
disturbing construction activities as stipulated in the conditions of the permit. If your project is
covered by this permit, full compliance with permit conditions including the erosion &
sedimentation control plan, inspections and maintenance, self- monitoring, record keeping and
reporting requirements is required. A copy of the general permit (NCG010000), inspection log
sheets, and other information may be found at:
ht /crtl.c�cpdr7.ab w ws su desstaw.
8. Work in the Dry
All work in or adjacent to stream waters shall be conducted so that the flowing stream does
not come in contact with the disturbed area. Approved best management practices from the
most current version of the NC Sediment and Erosion Control Manual, or the NC DOT
Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams,
and other diversion structures shall be used to minimize excavation in flowing water.

9. If concrete is used during the construction, then all necessary measures shall be taken to prevent
direct contact between uncured Qrcuring concrete and waters Of the state. Water that
inadvertently contacts uncured concrete shall not be discharged to waters of the state due to
the potential for elevated pH and possible aquatic life/fish kills.
IO. Placement of Culverts and Other Structures in Waters and Wetlands
Culverts required for this project shall b8 installed in such 8 manner that the original 5treamn
profiles are not altered and t0 allow for aquatic life movement during low flows. Existing
stream dimensions (including the Cross section dimensions, pattern and longitudinal profile)
must bemaintained above and below locations ofeach culvert.
Placement Vf culverts and other structures in waters, streams must be below the elevation of
thPStn8arnbed by one (I) foot for all culverts with a diameter greater than 48 inches, and 2O
percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low
flow passage Df water and aquatic life.
Installation of culverts in wetlands must ensure continuity of water movement and be
designed to adequately accommodate high water or flood conditions. Additionally, when
roadways, causeways, Or other fill projects are constructed across FEK8A-d8signatedMOodvvays
or wetlands, openings such as culverts or bridges must be provided to maintain the natural
hydrology of the system as well as prevent constriction of the floodway that may result in
destabilization of streams or wetlands.
The establishment of native, woody vegetation and other soft stream bank stabilization
techniques must be used where practicable instead of rip rap or other bank hardening
I1. All temporary fill and culverts shall be removed and the impacted area returned tOnatural
conditions, within 6O days Qfthe determination that the temporary impact i5nOlonger
necessary. The impacted areas shall be restored to original grade, including each stream's
original cross sectional dimensions, plan form pattern, and longitudinal bed and bed profile, and
the various sites shall be stabilized with natural woody vegetation (except approved
maintenance areas) and restored to prevent erosion.
12. All temporary pipes/culverts/riprap pads etc, shall be installed in all streams as outlined in the
most recent edition of the North Carolina Sediment and Erosion Control Planning and Design
Manual so as not to restrict stream flow or cause dis-equilibrium.

DWR# 14-0356
13. Any hprap required for proper culvert placement, stream stabilization, or restoration Of
temporarily disturbed areas shall be restricted tV the area directly impacted by the approved
construction activity. All ripr8pshall be buried and/or "keyed in" such that the original stream
elevation and streJrnbank contours are restored and maintained. Placement Ofripraporother
approved materials shall not result in cle-stabilization of the stream bed or banks upstream or
downstream of the area.
14. Any hpn3p used for stream stabilization shall beQfa size and density soa5 not tobe able tpbe
carried off by wave, current action, or stream flows and consist of clean rock or masonry
material free Of debris or toxic pollutants. Riprap shall not be installed iD the Str88rnb8d except
in specific areas required for velocity control and t8 ensure integrity of bank stabilization
25. A one-time application of fertilizer to re-establish vegetation is allowed in disturbed areas
including riparian buffers, but is restricted tVnO closer than lO feet from top ofbank of streams.
Any fertilizer application must comply with all other Federal, State and Local regulations.
16. This Certification does not relieve the applicant of the responsibility to obtain all other required
Federal, State, or Local approvals.
17. Continuing Compliance
Mr. S. Todd Mickleboroueh and The Quartz Corp, USA shall conduct construction activities ina
manner consistent with State water quality standards (including any requirements resulting
from compliance with section ]O3(d) ofthe Clean Water Act) and any other appropriate
requirements Qf State and Federal law. |f the Division determines that such standards orlaws
are not being met (including the failure to sustain a designated or achieved use) Or that State
or federal law is being violated, or that further conditions are necessary to assure compliance,
the Division may reevaluate and modify this Certification. Before modifying the Certification,
the Division shall notify Mr. S. Todd Mickleborough and The Quartz Corp, USA and the U.S.
Army Corps of Engineers, provide public notice in accordance with 15A NCAC 02H .0503 and
provide opportunity for public hearing in accordance with 15A N[/\C 02H .0504. Any new or
revised conditions shall be provided to Mr. S. Todd Mickleborough and The Quartz Corp, USA
in writing, shall be provided to the U.S. Army Corps of Engineers for reference in any Permit
issued pursuant to Section 4O4of the Clean Water Act, and shall also become conditions ofthe
4U4 Permit for the project.

The Quartz Corp, USA
DWR# 14-0356
Individual Certification #400O
Page 8 of 8
18. This approval is for the purpose and design described in your application and as described in the
Public Notice. The plans and specifications for this project are incorporated by reference and are
an enforceable part of the Certification. |f you change your project, younnustnotif»theDivision
and you may be required to submit a new application package with the appropriate fee. if the
property is sold, the new owner must be given a copy of this Certification and is responsible for
complying with all conditions. Any new owner must notify the Division and request the
Certification be issued in their name.
19. The applicant and/or authorized agent shall provide a completed Certificate of Completion Form
to the DVVR4OI Q^ Buffer Permitting Unit within ten days ofproject completion (available at:
20. This certification grants permission to the director, an authorized representative of the Director,
or DENR staff, upon the presentation of proper credentials, to enter the property during normal
business hours.
This approval to proceed with your proposed impacts or to conduct impacts to waters as depicted
in your application shall expire upon expiration of the 404 or CAMA Permit. The conditions in
effect on the date of issuance shall remain in effect for the life of the project, regand|essofthe
expiration date of this Certification.
Non-compliance with or violation of the conditions herein set forth may result in revocation of this
Certification and may also result in criminal and/or civil penalties.
This the 10th day of Yeptember 2014
fik-
e
401 & Buffer PVrmitting Unit