20140356 Ver 1_USACE IP 1st time out letter_20150102

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
151 PATTON AVENUE
ROOM 208
ASHEVILLE, NORTH CAROLINA 28801 -5006
REPLY TO
ATTENTION OF:
December 23, 2014
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:
r� .,
f . 2 201,5
In accordance with your written request of April 15, 2014, and the ensuing administrative
record, enclosed are two copies of a permit to impact 1,220 linear feet of stream, replace 60
linear feet 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.
You should acknowledge that you accept the terms and conditions of the enclosed permit by
signing and dating each copy in the spaces provided ( "Permittee" on page 3). Your signature, as
permittee, indicates that, as consideration for the issuance of this permit, you voluntarily accept
and agree to comply with all of the terms and conditions of this permit. All pages of both copies
of the signed permit with drawings should then be returned to this office for final authorization.
A self - addressed envelope is enclosed for your convenience.
Title 33, Part 325.1(f), of the Code of Federal Regulations reads, in part, that, "A $10 fee will
be charged for permit applications when the work is noncommercial in nature and provides
personal benefits that have no connection with a commercial enterprise... ", and "A fee of $100
will be charged for permit applications when the planned or ultimate purpose of the project is
commercial or industrial in nature and is in support of operations that charge for the production,
distribution, or sale of goods or services ". As your application fits the latter category, you are
requested to remit your check for $100, made payable to the Finance and Accounting Officer,
USAED, Wilmington. The check should accompany the signed and dated copies of your permit.
This correspondence contains a proffered permit for the above described site. If you object to
this decision, you may request an administrative appeal under Corps regulations at 33 CFR part
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 decision you must submit a completed RFA
form to the following address:

-2-
District Engineer, Wilmington Regulatory Division
Attn: Tasha Alexander
69 Darlington Avenue
Wilmington, North Carolina 28403
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 February 18, 2015.
It is not necessary to submit an RFA form to the Division Office if you do not object to the
decision in contained in this correspondence.
After the permit is authorized in this office, the original copy will be returned to you; the
duplicate copy will be permanently retained in this office. If you have questions, please contact
Tasha Alexander at the Asheville Regulatory Field Office, telephone [phone], extension
226.
Thank you in advance for completing our Customer Survey Form. This can be accomplished
by visiting our website at http://per2.nwp.usace.anny.mil/survey.html and completing the survey
on-line. We value your comments and appreciate your taking the time to complete a survey each
time you interact with our office.
Sincerely,
Kevin P. Land rs, Sr.
Colonel, U.S. Amy District Commander
Enclosures
cc: with enclosures:
Jennifer Robertson
Wetland and Natural Resource Consultants, Inc
775 Haywood Road, Suite D
Asheville, North Carolina 28806
Ms. Karen Higgins
North Carolina Division of Water Resources
401 /Wetlands Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

l 1" �iJ` TIFIATI1 'd- C)F'AD11�TITRA'T'ti�?E" APPE�iL CDI'"�CC�1l"'�� Al'�D PR�1C'ES�`'A.11
REQ[IE 1 `F,QR APPEAL' "
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Applicant:
File .._:_..,_ ....�.._:
Number:
Date:
The Quartz Corp, US
SAW -2013 -01376
December 23, 2014
Attached is:
See Section below
®
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
❑
PROFFERED PERMIT (Standard Permit or Letter of permission)_
B
❑
PERMIT DENIAL
C
®
APPROVE.,D JURISDICTIONAL DETERMINATION
D
_
❑ PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at hqp : / /www.usace.anny, mil /inet/functionsfcw /ceewo /reg or
Corps regulations at 33 CFR .Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the pen-nit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the pennit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the pennit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you Will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the pen-nit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the L,OP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the pennit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit (Standard or L,OP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal ,Process by completing Section II of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section 11 of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved. JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section 11 of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.

E: PRELIMINARY JURISDICTIONAI, DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed),
by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.
SECTION If - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL, OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL. INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
I lowever, you may provide additional information to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
Mr. Jason Steele, Administrative Appeal Review Officer
District Engineer, Wilmington Regulatory Division,
CESAD-PDO
Attn: Tasha Alexander
U.S. Army Corps of Engineers, South Atlantic Division
USACE
60 Forsyth Street, Room I OM 15
151 Patton Avenue, Room 208
Atlanta, Georgia 30303-8801
Asheville, NC 28801
Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity to participate in all site investigations.
Date: Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Tasha Alexander, 69 Darlington Avenue,
Wilmington, North Carolina 28403
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele,
Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room IOM15, Atlanta, Georgia
30303-8801 Phone: [phone]

U.S. ARMY CORPS OF ENGINEEI
Wilmington District
Compensatory Mitigation Responsibilitv Transfer Form
Pemmittee:The Quartz Corp, USA / Todd K8icNebmnnu8h Action ID: SAVV-2013-01976
Project Name: Pine Mountain Mine County: Mitchell
Instructions to Pennbtee: The Pennitt e must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Ecosystem Enhancement Program (N[EEP}' who will then sign the form to verify the
transfer ofthe mitigation responsibility. Once the Sponsor has signed this form, it is the Pennhttee's responsibility to
ensure that to the U.S. Army Corps of Engineers (USA[E) Project Manager identified on page two is in receipt nfa signed
copy of this form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation
Sponsor will be used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur
in more than one 8-cligit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms
for each Sponsor and/or HUC must be provided to the appropriate mitigation Sponsors.
Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at
the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of
whether or not they have received payment from the Penniuee. Once the form is signed' the Sponsor must update the
bank ledger and provide a copy ofthe signed form and the updated bank ledger to the Pe/mittoe the UB\[E Project
Manager, and the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply
with all reporting requirements established in their authorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements:
Permitted Impacts Requiring Mitigation* 8-dinitHUC and Basin: 060101O8' French Broad River Basin
Stream Impacts (linear feet)
Wetland Impacts (acres)
Warm
Cool
Cold
Riparian Riverinel
Riparian Non-Riverine
Non-Riparian
Coastal
1,220
1
*If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor.
Compensatory Mitigation Requirements: 8+ligitHUC and Basin: 06OlO1O8 French Broad River Basin
Stream Mitigation (credits)
Wetland Mitigation (credits)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non-Riparian
I Coastal
Mitigation Site Debited:
(List the name of the bank to be debited. For umbrella banks, also list the specific site.
acceptance letter identifies a specific site, also list the specific site to be debited).
Section tobe completed hythe Mitigation Sponsor
For NCEEP, list NCEEP. If the N[EEP
Statement of Mitigation Liability Acceptance: |' the undersigned, verify that | am authorized to approve mitigation
transactions for the Mitigation Sponsor shown below, and | certify that the Sponsor agrees to accept full responsibility for
providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action
|D number shown. | also verify that released credits (and/or advance credits for N[EEP), as approved by the U5ACE, are
currently available at the mitigation site identified above, Further, | understand that if the Sponsor fails to provide the
required compensatory mitigation, the UJACE Wilmington District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation requirements.
Mitigation Sponsor Name:
Name uf Sponsor's Authorized Representative:
Signature of Sponsor's Authorized Representative Date of Signature
Page 1 of 2 Form Updated 12 September, 2014

Conditions for Transfer uf Compensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and the UlA[E is in receipt of the signed form, the
Penniuee is no longer responsible for providing the mitigation identified in this form, though the Permbt o remains
responsible for any other mitigation requirements stated in the permit conditions.
• Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only
after the U5ACE is in receipt of copy of this document signed by the Sponsor, confirming that the Sponsor has
accepted responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by
the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon
permit issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of
permit issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming
that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein.
" Signed copies of this document must be retained by the Permittee' Mitigation Sponsor, and in the USA[E
administrative records for both the permit and the Bank/|LF|nsrrument. |tisthe Permittee's responsibility to ensure
that the USACE Project Manager (address below) is provided with a signed copy of this form.
^ If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to
the U5A[E' the Sponsor must obtain case-by-case approval from the U5ACE Project Manager and/or North Carolina
Interagency Review Team <NORD. If approved' higher mitigation ratios may be applied, as per current District
guidance and a new version of this form must be completed and included in the USACE administrative records for both
the permit and the Bank/|LFInstrument.
CommentsY\ddhiono|Cnndhions:
TQC requested the permit be issued for ten years due to the long-term mining plan. The compensatory mitigation will be
phased to correlate with the impacts. Therefore, payment into NCEEP must be received and acknowledged for each site's
mitigation prior to start ofconstruction. The phasing schedule isasfollows:
Site 1: Construction to begin in20l5 and be complete in201S.
Site 2: Construction to begin inZ0l9 and be complete inZOZ4.
Site 3 and 4: Construction to begin in20I6 and be complete inZO1O.
Site 5: Construction tn begin in2O15 and completed in2015.
Stream Relocation: Construction to begin ZOl8 and be completed in2O24.
This form is not valid unless signed below by the U5A[E Project Manager and by the Mitigation Sponsor on Page l. Once
signed, the Sponsor should provide copies ofthis form along with an updated bank ledger to: 1) the Permhttee, 2) the
USACE Project Manager at the address below, and 3) the NK0m/ngunn District Mitigation Office, Attn: Todd Tu4well,
114[5 Fails vf0euseRoad, Wake Forest, mC37587(emoht,odttugwe8@usooe. army. mV}. Questions regarding this form
or any of the permit conditions may be directed to the USACE Project Manager below.
US4CE Project Manager: TashaA]exander
USACE Field Office: Asheville Regulatory Field Office
US Army Corps nfEngineers
zsI Patton Avenue, Room 2O8
Asheville, North Carolina 288Ol'5OD6
Ema|:[e-mail]
ALEXANDEA.TASHA.[yNN Digitally signed by
ow.c=US,=v� Government, ou~n"D, ou~,xI, ouvm`
c­ALEXANDER.TA5HA.LYNN.l 273626979
.1273626979 Date: 2014.12.16 10:28:22 -05'00'
USACE Project Manager Signature
Page 2 of 2
December 16, 2014
Date of Signature
The Wilmington District is committed m providing the highest level m support m the public. m help v, ensure we continue muv so, please complete the
Customer Satisfaction Survey located at our website at http://regulatorV.usacesurvey.com/ to complete the survey online.

U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and
mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is
available at
Page 1 of 2 Form Updated 12 September, 2014

DEPARTMENT OF THE ARMY PERMIT
Pennittee The Quartz Corp, US
Permit No. SAW- 2013 -01376
Issuing Office CESAW -RG -A
NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this
office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted
activity or the appropriate official of that office acting under the authority of the commanding officer.
You are authorized to perform work in accordance with the terms and conditions specified below.
Project Description: to impact 1,220 linear feet of stream, replace 60 linear feet culvert, temporarily
impact 80 linear feet of stream, relocate 1,308 linear feet of stream, and fill 0.019 acre of wetland,
associated with the Pine Mountain site
Project Location: in Spruce Pine, Mitchell County, North Carolina
Permit Conditions:
General Conditions:
1. The time limit for completing the work authorized ends on December 31, 2019. if you find that you need more time to
complete the authorized activity, submit your request for a time extension to this office for consideration at least one month
before the above date is reached.
2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and
conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may
make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to
maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a
modification of this permit from this office, which may require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by
this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state
coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National
Register of Historic Places.
ENG FORM 1.721, Nov 86 EDITION OF SEP 82 IS OBSOLETE. (33 CFR 325 (Appendix A))

4.Kyou sell the property associated with this permit, you must obtain the signature ofthe new owner in the space provided
and forward a copy of the permit to this office to validate the transfer of this authorization.
5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified
in the certification ao special conditions to this permit. For your convenience, o copy nf the certification is attached i[it
contains such conditions.
6. You must allow representatives frorn this off-ice to inspect the authorized activity at any time deerned necessary to ensure
that it is being or has been accomplished in accordance with the terms and conditions of your permit,
Special Conditions
SEE ATTACHED SPECIAL CONDITIONS
Further Df6noudoo:
L Congressional Authorities: You have been authorized to undertake the activity described above pursuant to:
( ) Section |Ouf the Rivers and Harbors Act ufl899(3SD.8.C.4O9).
(X) Section 404 of the Clean Water Act (39U.S.C.|344).
( ) Section 103 nJ the Marine Protection, Research and Sanctuaries Act of|972 (33 D.&C� 1413).
2. Limits ot this authorization.
a. This pen-nit does not obviate the need to obtain other Federal, state, or local authorizations required by law.
6. This permit does not grant any property rights or exclusive privileges.
c. This permit does not authorize any injury to the property or rights of others.
d. ThiopcnmhdoouootuutburizebdcrK:rcnconitbaoycxistiugorpr*posudFcdem/pnject.
3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following:
u. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural
causes.
6. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf
of the United States io the public interest.
c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity
authorized hythis permit.
d. Design or construction dcfidoouiesassociated with the pernzittedwork.

e. Damage dairrioassociated with any future modification, suspension, m revocation o{ this permit.
4. Reliance on Applicant's Data: The detennbno|km of this office that issuance of this permit is not contrary N the public
interest was made in reliance on the information you provided.
5. Reevaluation of Permit Decision. This office may reevaluate its decision onthis permit at any time the circumstances
warrant. Circumstances that could require a reevaluation include, but are not limited to, the following:
o. You fail |n comply with the tenos and conditions of this permit.
6. The information provided by you in support of your permit application proves to have been false, incomplete, or
inaccurate (See 4abovu).
c Significant new information surfaces which this office did not consider iu reaching the original public interest decision.
Such u reevaluation may result inudetermination that itia appropriate muse the suspension, modification, and revocation
procedures contained in 33 C[R325J or enforcement procedures such as those contained in 33 CFR3264 and 326.5. The
referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms
and conditions of your permit and for the initiation of legal action where appropriate. You will bu required tn pay for any
corrective mousnrco ordered bythis office, and if you fail to comply with such directive, this office may iocertain situations
(such aothose specified iu93 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the
6. Extensions. General condition l establishes a time Umb for the completion of the activity authorized hy this permit, Unless
there are circumstances requiring either a prompt cornpletion of the authorized activity or a reevaluation of the public interest
decision, the Corps will normally give favorable consideration to a request for an extension of this time limit.
Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this permit.
(PBUMI7TEL-:) THE QUARTZ CORP, US
This permit becomes effective when the Federal official, designated mact for the Secretary of the Army, has signed below.
(DISTRICT KEVIN P. LANDERS,SR dDA2El
COLONEL
When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terrns and
conditions of this permit will cnruiouc to be binding on the new owner(s) of the property. To validate the oonabz of this
pennit and the associated liabilities associated with compliance with its tenus and conditions, have the transferee sign and date
below.
(TRANSFEREE) (DA TE)
*U.S. GOVERNMENT PRINTING OFFICE: 1986 - 717-425

SPECIAL CONDITIONS
Action ID: SAW-2013-01376
WORK LIMITS
a) All work authorized by this pen-nit 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 pen-nit. Any modification to these plans must be approved by the US Army Corps of
Engineers (USAGE) 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 pen-nit 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 non-nal 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.
I) The permittee shall advise the Corps in writing prior to beginning the work authorized by this
permit 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 tern-is 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 permit, 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 till,
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 I I 3A 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 permit 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 permit number, SAW-2013-01376, on all submittals.
in) 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. Anny
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.
o) In order to compensate for impacts associated with this pen-nit, 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 permittee 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).
LNUNTAXIM
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.
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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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