20140356 Ver 1_Approval Letter_20140922

REHEAR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
The Quartz Corp, USA
Attn: Ms. Peggy Dortch
P O Box 309
Spruce Pine, NC 28777
September 8, 2014
SEP 1 1 2014
John E. Skvaria, III
Secretary
DWR N 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 Ms. Peggy Dortch and The Quartz
Corp, USA, dated 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 150B 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 http: / /www.ncoah.com/ 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 Pen ing Unit
1617 Mail Service Center, Raleigh, North Carolina 27699 -1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: www.ncwaterquality.org
An Equal ODPOtlunirylAMrmapve ACiion Employer —MaEe In patl bymcycletl paper

Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative. Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
The Quartz Corp, USA
DWR# 14 -0356
Individual Certification #4000
Page 2 of 8
If sending via delivery service (UPS,
Fed Ex, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609 -6285
One (1) copy of the petition must also be served to, DENR:
John Evans, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
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 15A NCAC 02H .0500. Contact Tim Fox at 828 - 296 -4664 or tim.fox(@ncdenr.eov or Jennifer
Burdette at 919- 807 -6364 or iennifer.burdette @ncdenr.eov if you have any questions or concerns.
Sincerely,
V lHiggins, e &j/ Kare Supervisor
401 & Buffer Permitting Unit
cc: Jennifer Robertson, Wetland and Natural Resource Consultants, 775 Haywood Road,
Ste D, Asheville, NC 28806
USACE Asheville Regulatory Field Office
Todd Bowers, EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA 30303
DWR ARO 401 files'
DWR 401 & Buffer Permitting Unit files
Filename: 140356 PineMountai n M i nel MitchellJ_401_I C.docx

The Quartz Corp, USA
DWR# 14 -0356
Individual Certification #4000
Page 3 of 8
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
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 Ms. Peggy Dortch 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 and September 8, 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:
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:
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
River and Sub -basin
Number
Streams
1,220 (linear feet)
80 (linearfeet)
French Broad /06010108
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
Individual Certification #4000
Page 4 of 8
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
Stream
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,
2010.
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 is determined 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 1 of 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.
6. 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 requirements
of the NPDES Construction Stormwater Permit issued to the site:

The Quartz Corp, USA
44 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.
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 NCGO10000
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 (NCGO30000), inspection log
sheets, and other information may be found at:
http://Portal.ncdenr.ore/web/wq/ws/su/­npdessw#tab-w.
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.

The Quartz Corp, USA
DWR# 14 -0356
Individual Certification #4000
Page 6 of 8
9. If concrete is used during the construction, then all necessary measures shall be taken to prevent
direct contact between uncured or curing 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.
10. Placement of Culverts and Other Structures in Waters and Wetlands
Culverts required for this project shall be installed in such a manner that the original stream
profiles are not altered and to allow for aquatic life movement during low flows. Existing
stream dimensions (including the cross section dimensions, pattern and longitudinal profile)
must be maintained above and below locations of each culvert.
Placement of culverts and other structures in waters, streams must be below the elevation of
the streambed by one (1) foot for all culverts with a diameter greater than 48 inches, and 20
percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low
flow passage of 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 FEMA- designated floodways
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
methods.
11. All temporary fill and culverts shall be removed and the impacted area returned to natural
conditions, within 60 days of the determination that the temporary impact is no longer
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.

The Quartz Corp, USA
DWR# 14 -0356
Individual Certification #4000
Page 7 of 8
13. Any riprap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall be restricted to the area directly impacted by the approved
construction activity. All riprap shall be buried and /or "keyed in" such that the original stream
elevation and streambank contours are restored and maintained. Placement of riprap or other
approved materials shall not result in de- stabilization of the stream bed or banks upstream or
downstream of the area.
14. Any riprap used for stream stabilization shall be of a size and density so as not to be able to be
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 in the streambed except
in specific areas required for velocity control and to ensure integrity of bank stabilization
measures.
15. A one -time application of fertilizer to re- establish vegetation is allowed in disturbed areas
including riparian buffers, but is restricted to no closer than 10 feet from top of bank 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
Ms. Peggy Dortch and The Quartz Corp, USA shall conduct construction activities in a manner
consistent with State water quality standards (including any requirements resulting from
compliance with section 303(d) of the Clean Water Act) and any other appropriate
requirements of State and Federal law. If the Division determines that such standards or laws
are not being met (including the failure to sustain a designated or achieved use) or that State
or federal law is being violated, or that further conditions are necessary to assure compliance,
the Division may reevaluate and modify this Certification. Before modifying the Certification,
the Division shall notify Ms. Peggy Dortch 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 NCAC 02H .0504. Any.new or revised
conditions shall be provided to Ms. Peggy Dortch 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 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the
project.

The Quartz Corp, USA ,
DWR# 14 -0356
Individual Certification #4000
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. If you change your project, you must notify the Division
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 DWR 401 & Buffer Permitting Unit within ten days of project completion (available at:
http:/ /portal ncdenr org/ web /wq /swp /ws /401 /certsandpermits /apply /forms).
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, regardless of the
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 8th day of September 2014
Karen Higgins, Supervisor
401 & Buffer Permitting Unit
JAB /cc
4000