20140356 Ver 1_USACE IP 2nd time out letter_20150204

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403 -1343
REPLY TO
ATTENTION OF: January 29, 2015
Regulatory Division
Action ID: SAW- 2013 -01376
Mr. Todd Mickleborough
The Quartz Corp, US
8342 Hwy 226 South.
Post Office Box 309
Spruce Pine, North Carolina 28777
Dear Mr. Mickleborough:
In accordance with your written request of April 15, 2014 and the ensuing administrative
record, enclosed is a copy of a Department of the Army (DA) permit to impact 1,220 linear feet
of stream, replace 60 linear feet of culvert, temporarily impact 80 linear feet of stream, relocate
1, 308 linear feet of stream and fill 0.019 acre of wetland, associated with mica mining activities
at the Pine Mountain site in Spruce Pine, Mitchell County, North Carolina.
Any deviation in the authorized work will likely require modification of this permit. If a
change in the authorized work is necessary, you should promptly submit revised plans to the
Corps showing the proposed changes. You may not undertake the proposed changes until the
Corps notifies you that your permit has been modified.
Carefully read your permit. The general and special conditions are important. Your failure
to comply with these conditions could result in a violation of Federal law. Certain significant
general conditions require that:
a. You must complete construction before December 31, 2024.
b. You must notify this office in advance as to when you intend to commence and
complete work. s ,
c. You must allow representatives from this office to make periodic visits to your
worksite as deemed necessary to assure compliance with permit plans and conditions.
You should address all questions regarding this authorization to Ms. Tasha Alexander in the
Asheville Regulatory Field Office, telephone number (828)°271-7980, extension 226.
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Thank you in advance for completing our Customer Survey Form. This can be accomplished
by visiting our website at and completing the survey
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on-line. We value your comments and appreciate your taking the tirne to compete a survey each
time you interact with our office.
Sincerely
Kevin P. Landers Sr.
Colonel, U. S. Army
District Commander
Enclosures
Copies Furnished (with enclosures):
Chief, Source Data Unit
NOAA/National Ocean Service
1315 East-west Hwy., Rm. 7316
Silver Spring, Maryland 20910-3282
Copies Furnished with special conditions
and plans:
U. S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Fritz Rhodes
National Marine Fisheries Service
101 Pivers Island Road
Beaufort, North Carolina 28516
Jennifer Robertson
Wetland and Natural Resources Consultants, Inc
775 Haywood Road, Suite D
Asheville, North Carolina 28806
Mr. Todd Bowers
Wetlands and Marine Regulatory Section
Water Protection Division - Region IV
U. S. Environmental Protection Agency
61 Forsyth St. SW
Atlanta, Georgia 30303-8931
Mr. Doug Huggett
Division of Coastal Management
N.C. Department of Environment
and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557
Mr. Pace Wilber
National Marine Fisheries Service
219 Fort Johnson Road
Charleston, South Carolina 29412-9110
Ms. Karen Higgins
North Carolina Division of Water Resources
401 /Wetlands Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

SPECIAL CONDITIONS
Action ID: SAW-2013-01376
a) All work authorized by this permit must be performed in strict compliance with the attached
plans dated March 25, 2014 and the subsequent plans submitted on July 30, 2014, which are a
part of this permit. Any modification to these plans must be approved by the US Army Corps of
Engineers (USACE) prior to implementation.
b) Except as authorized by this permit or any USACE approved modification to this pen-nit, no
excavation, fill or mechanized land-clearing activities shall take place at any time in the
construction or maintenance of this project, within waters or wetlands. This permit does not
authorize temporary placement or double handling of excavated or fill material within waters or
wetlands outside the permitted area. 'This prohibition applies to all borrow and fill activities
connected with this project.
c) Except as specified in the plans attached to this permit, no excavation, fill or mechanized land-
clearing activities shall take place at any time in the construction or maintenance of this project,
in such a manner as to impair normal flows and circulation patterns within waters or wetlands or
to reduce the reach of waters or wetlands.
d) The permittee shall ensure that the construction design plans for this project do not deviate from
the permit plans attached to this authorization. Written verification shall be provided that the
final construction drawings comply with the attached pen-nit drawings prior to any active
construction in waters of the United States, including wetlands. Any deviation in the construction
design plans will be brought to the attention of the Corps of Engineers, Asheville Regulatory
Field Office prior to any active construction in waters or wetlands.
RELATED LAWS
e) All mechanized equipment will be regularly inspected and maintained to prevent contamination
of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the
event of a spill of petroleum products or any other hazardous waste, the permittee shall
immediately report it to the N.C. Division of Water Quality at [phone] or [phone]
and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will
be followed.
PROJECT MAINTENANCE
f) The permittee shall advise the Corps in writing prior to beginning the work authorized by this
pen-nit and again upon completion of the work authorized by this permit.
g) Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be
generated from an upland source and will be clean and free of any pollutants except in trace

quantities. Metal products, organic materials (including debris from land clearing activities), or
unsightly debris will not be used. Soils used for fill shall not be contaminated with any toxic
substance in concentrations governed by Section 307 of the Clean Water Act.
h) The permittee shall require its contractors and/or agents to comply with the terms and conditions
of this permit in the construction and maintenance of this project, and shall provide each of its
contractors and/or agents associated with the construction or maintenance of this project with a
copy of this permit. A copy of this pen-nit, including all conditions, shall be available at the
project site during construction and maintenance of this project.
i) The permittee shall employ all sedimentation and erosion control measures necessary to prevent
an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This
shall include, but is not limited to, the immediate installation of silt fencing or similar
appropriate devices around all areas subject to soil disturbance or the movement of earthen fill,
and the immediate stabilization of all disturbed areas. Additionally, the project must remain in
full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North
Carolina General Statutes Chapter 113A Article 4).
J) The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before
completion of the work will, without expense to the United States and in such time and manner
as the Secretary of the Army or his authorized representative may direct, restore the water or
wetland to its pre-project condition.
k) The permittee shall remove all sediment and erosion control measures placed in wetlands or
waters, and shall restore natural grades in those areas, prior to project completion.
ENFORCEMENT
1) All reports, documentation and correspondence required by the conditions of this pen-nit shall be
submitted to the following address: U.S. Army Corps of Engineers, Regulatory Division,
Asheville Regulatory Field Office, c/o Ms. Tasha Alexander, 151 Patton Avenue, Room 208,
Asheville, North Carolina, 28801 and by telephone at: 828-271-7890, ext. 226. The Permittee
shall reference the following pen-nit number, SAW-2013-01376, on all submittals.
m) Violation of these conditions or violation of Section 404 of the Clean Water Act of Section 10 of
the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army
Corps of Engineers within 24 hours of the permitee's discovery of the violation.
n) A representative of the Corps of Engineers will periodically and randomly inspect the work for
compliance with these conditions. Deviations from these procedures may result in an
administrative financial penalty and/or directive to cease work until the problem is resolved to
the satisfaction of the Corps.
COMPENSATORY MITIGATION
o) In order to compensate for impacts associated with this permit, mitigation shall be provided in
accordance with the provisions outlined on the most recent version of the attached Compensatory
-2-

Mitigation Responsibility Transfer Form. The requirements of this form, including any special
conditions listed on this form, are hereby incorporated as special conditions of this permit
authorization.
CONCRETE CONDITION
p) The permitter shall take measures to prevent live or fresh concrete, including bags of uncured
concrete, from coming into contact with any water in or entering into waters of the United States.
Water inside coffer dams or casings that has been in contact with concrete shall only be returned
to waters of the United States when it no longer poses a threat to aquatic organisms (concrete is
set and cured).
CULVERTS
q) For construction of culverts, measures will be included in the construction that will promote the
safe passage of fish and other aquatic organisms. For all culvert construction activities, the
dimension, pattern, and profile of the stream, (above and below a pipe or culvert), should not be
modified by widening the stream channel or by reducing the depth of the stream. Culvert inverts
will be buried at least one foot below the bed of the stream for culverts greater than 48 inches in
diameter. For culverts 48 inches in diameter or smaller, culverts must be buried below the bed of
the stream to a depth equal to or greater than 20 percent of the diameter of the culvert.
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r) All necessary precautions and measures will be implemented so that any activity will not kill,
injure, capture, harass, or otherwise harm any protected federally listed species. While
accomplishing the authorized work, if the permittee discovers or observes a damaged or hurt
listed endangered or threatened species, the District Engineer will be immediately notified to
initiate the required Federal coordination.
s) In reference to the U.S. Fish and Wildlife Service's letter dated August 8, 2014 all
clearing /logging activities must be complete before April 1, 2015.
7
t) Upon completion of construction of the stream relocation, the permittee shall submit to the Corps
as -built plans of the newly constructed stream channel.
u) The permittee shall conduct post construction monitoring at the confluence of the newly
constructed stream channel and Little Bear Creek to ensure channel stability. Monitoring of
stream construction areas shall be conducted in accordance with Monitoring Level III of the
Stream Mitigation Guidelines April 2003. Monitoring shall be conducted for a minimum of two
years and two bankful events. Adequate photo documentation should be submitted to the Corps
for review.
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The Quartz Corp, USA
DWR# 14-0356
Individual Cetificatiot #40#0
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
.05OD/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 (0vision)onApril 11,2OI4 and subsequent information on July 1I,2OI4, August 15,
2O14, August l9,2O14, September 8,2Ol4 and September IO,2OI/kand by Public Notice issued by
the U. S. Army Corps of Engineers and received by the Division on April Z1Z014.
The State of North Carolina certifies that this activity will not violate the applicable portions of
Sections 8O1'3O2,3O3,9O5,3O7of the Public Laws 92-SOO and PL95-217if conducted in
accordance with the application, the supporting documentation, and conditions hereinafter set
This approval requires you to follow the conditions listed inthemerdficatimnbelouv-
CmnditionsufCertDlcatimn:
l. Impacts Approved
The following impacts are hereby approved aslong as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. ND 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
pnoofOfpaynlenthasbeenprovidedtothisOfOce,noinnpactsapedfiedinthisAuthorization
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

individual Certification #4000
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 onbaft8rtheperrnbtee
has made payment to the NCEEP and provided a copy of the payment documentation tothe
US Army Corps of Engineers (USACE), and the NCEEP has provided written confirmation to the
USA[Ethat it agrees to accept responsibility for the mitigation work required, in compliance
vviththeNCEEP|n-LieuFee!nstrurnentapprovedbytheUSACEVVUnningtnnDistrictonJu|y3Q,
l 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 lnf 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 areincorporatedbyreferenceand 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 Storn)vvater Permit issued to the site:

The Quartz Corp, USA
DWR# 14-0356
Page 5 of 8
a. Des' installation, operation, and maintenance ofthe sediment and erosion control
measures must be such that they equal or exceed the requirements specified in the
most recent version ofthe North Carolina Sediment and Erosion Control Manual. The
devices shall be maintained on all construction sites, borrow sites, and waste pile (spoi|)
'
projects, including contractor-owned orleased 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 of1971.
d. Sufficient materials required for stabilization and/or repair of erosion control measures
and stnrrnvxoter routing and treatment shall beon site a1 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 isunavoidable,
then design and placement of temporary erosion control measures shall not be conducted in a
manher that may result in dis-equilibrium of wetlands, stream beds, or banks, adjacent toor
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 (DEW1L0) or locally delegated program has
released the specific area within the project.
7. Construction Stormwater Permit NCGO10000
An KPDES Construction Stornlvvater Permit is required for construction projects that disturb
one /1\or more acres mfland. This Permit allows storrnvvatertobedischarged during land
disturbing construction activities asstipulated in the conditions of the permit. |f your project is
covered by this permit, full compliance with permit conditions including the erosionQi
sedimentation control plan, inspections and maintenance, self-monitoring, record keeping and
reporting requirements isrequired. A copy nfthe general permit (NCGOI0OOO), inspection log
sheets, and other information may be found at:
8. Work in
----��� the Dry
All work inora6i acemttostme�n waters shall be conducted sothatthefluv/ ngstreandoeI
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
DVVR#14-0356
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 10
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 sha)|beinstaUedinSuch a manner that the original strearn
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 ufeach culvert.
Placement of culverts and other structures in waters, streams must be below the elevation of
ihestnearnbed 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 nr flood conditions. Additionally, when
roadways, causeways or other fill projects areconstructedacross[EK4Ardesignated floodvvays
or wetlands, openings such as culverts or bridges must be provided to maintain the natural
hydrology of the system as well es prevent constriction ofthefloodvvaythatrnayresultin
destabilization of streams orwetlands.
The establishment ofnative, woody vegetation and other soft stream bank stabilization
techniques must be used where practicable instead of rip rap or other bank hardening
11. All temporary fill and culverts shall be removed and the impacted area returned tonatural
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.
32. All temporary pipes/culvertariprappads etc, shall be installed in all streams asoutlined 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
13. Any hpnsp required for proper culvert placement, stream stabilization, orrestoration of
temporarily disturbed areas shall be restricted tothe area directly impacted bythe approved
construction activity. All riprap shall be buried and/or "keyed in" such that the original stream
elevation and streannbank 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 riprap used for stream stabilization shall be of a size and density so as not to be able tob8
carried off by wave, current action, or stream flows and consist of clean rock or masonry
material free nf debris or toxic pollutants. Riprap shall not be installed in the strearnbedexcept
in specific areas required for velocity control and to ensure integrity of bank stabilization
measures.
I5.A one-time application of fertilizer tore-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
Mr. S. Todd Mickleborough 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. |f the Division determines that such standards orlaws
are not being nomt (including the failure.to sustain a designated or achieved use) or that State
or federal law is being violated, I 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 NCAC 02H.0504. Any new or
revised conditions shall b8 provided tu Mr. S. Todd K4ick|eborough 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
4O4 Permit for the project.

The Quartz Corp, iVA
DWR# 14-0356
Individual Certification #4OQO
IO. This approval is for the purpose and design described in your application and as described inthe
Public Notice. The plans and specifications for this project ameincorporated by reference and are
an enforceable part Of the Certification. If you change your project, yournustnotifvthe 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 proiect completion (available at:
3O. This certification grants permission tothe 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 4O4orCAK4APermit. The conditions in
effect on the date nf issuance shall remain in effect for the life of the project, regard|essofthe
expiration date of this Certification.
Non-compliance with or violation of the conditions herein set forth may result inrevocation of this
Certification and may also result in criminal and/or civil penalties.
This the 10th day of 9er)tember 2014
iggi
rmitti
401 & Buffer rmitting Unit