20150041 Ver 1_More Info Received_20150625

CLearWater
June 25, 2015 C1earWater Environmental Consultants, Inc.
www.cwenv.com � _� @ � a � t�
Ms. Karen Higgins LED
NC DWR, 401 Permitting & Buffer Unit JUN 2 5 2015
512 N. Salisbury Street, 9h Floor DENR - WATER Raleigh, North Carolina 27604 401 8 BUFFER P RM TTIING
RE: Request for More Information
Sanford (Colon) and Brickhaven Coal Ash Reclamation
Chatham and Lee County, North Carolina
Action ID SAW- 2014 - 02254; DWQ Project # 15 -0041 and 42
Dear Ms. Higgins,
Please reference the letter dated June 4, 2015 (Attachment A) sent by the NC Division of
Water Resources (DWR) in response to the permit application submitted by ClearWater
Environmental Consultants, Inc. (CEC), on behalf of Green Meadow, LLC represented
by Mr. Charles Price. The permit application requested written authorization for the
impacts associated with disposal of coal ash at the Brickhaven and Sanford Mines. The
comments provided by the DWR are listed and discussed below.
DWR Comment # 1: "In reviewing the Permit Map for the Brickhaven mine site, it,
appears that stream impacts #3 through #5 could be minimized by constructing road
access to nonjurisdictional areas to utilize these areas for stormwater basins and soil
stockpiles. Please revise the plans to minimize the impacts or provide a detailed
explanation of why this plan cannot be practically accomplished, reduced or
reconfigured to minimize impacts to stream channels."
After additional evaluation and design, the rail spur at the Brickhaven Mine has
been realigned. Original plans showed the rail line entering the Brickhaven site
and taking an immediate turn to the northeast. It was determined that as the rail
line passed beneath Duke Energy's existing transmission line, the rail line would
be at an elevation that would cause rail cars to touch the hanging transmission
lines. The realignment eliminates this situation. The realignment includes one
additional wetland impact of 88 square feet or 0.002 acre (Impact #13); all other
impacts will remain the same. The area around the realigned rail spur will be
used as a stock pile area for operational top soil and a rail side support area
including equipment and material laydown areas. The impact map (Figure lb),
impact table (Attachment B), and mitigation table (Attachment C) have all been
updated to reflect the above change. Due to the realignment of the rail, Impact #3
cannot be avoided.
224 South Grove Street, Suite F
Hendersonville, NC 28792
828 - 698 -9800 Tel
828 - 698 -9003 Fax

Ms.Higgins
06.25.15
Page 2 of 5
Soil material excavated during construction of the fill cells will be stockpiled for
short and long term operation. Stockpiled soil is used as interim cover on a daily
basis for dust control and during construction and/or close -out of the cells as a
part of the composite liner and final cover systems. Due to the volume of material
excavated and the need for the stockpiled material to be readily accessible to on-
site trucks for transportation, the stockpile needs to be located in close proximity
to the fill cells and adjacent to existing on -site transportation infrastructure. Due
to site constraints, the proposed location of the stockpile area is the most feasible
location and Impacts #3 and #4 cannot be avoided.
The proposed basin at the location of Impact #5 is a part of the overall stormwater
management system which is comprised of slope drains, culverts, perimeter
ditches, stormwater basins, etc.
Stormwater basins on -site have been designed in accordance with the State
standards and have been sized for the 25 -year, 24 -hour storm while also
accommodating the 100 -year storm event. The basins warrant significant design
requirements for length/width ratios, sediment volume standards, and storm
attenuation. In addition, basins are designed to be congruent with existing
hydrology drainage patterns and drainage patterns for the development of the
structural fill and supporting infrastructure. With regards to sediment basin
geometry, rectangular shaped basins are designed to increase the time it takes for
water to flow from the inlet structure to the outfall structure which increases
sediment settling time. Designing basins in this way is the industry standard and
is guided by standard length/width ratios. The proposed basins have been sited to
coincide with the limits of development needed for the structural fill while
working to minimize impacts to the maximum extent practicable. The NC
Division of Energy, Mineral, and Land Resources (DEMLR) has reviewed and
approved the stormwater; and sediment and erosion control (SEC) designs for the
project which includes initial construction and maintenance of the basins.
DWR Comment #2: "Your application explains how losses will be prevented during
transit of coal ash to the mine sites and dust control measures to be employed on -site
during construction of the structural fill cells. Please explain how losses of residual coal
ash remaining in railcars or trucks after unloading will be prevented during transit."
As stated in the permit application, coal ash must be collected and transported in a
manner that will prevent nuisances and hazards to public health and safety (NCGS
130A- 309.216(a)(2)). The transport of ash will be achieved primarily by rail
using covered gondola cars. Each rail car will be covered with a fiberglass cover
that is fitted and clamped to the car. Coal ash will be moisture conditioned to
20% and ash contained in rail cars will be sprayed with a water absorbent to
contain any water that may rise to the surface during transport. Transportation of
coal ash by truck would be used as a contingency to rail in the event rail service is
temporarily disrupted. Prior to release for transportation on public roads, all
trucks will be cleaned and inspected as follows:

Ms.Higgins
06.25.15
Page 3 of 5
• Truck beds will be completely emptied of ash and inspected prior to
leaving the unloading area.
• Truck tarps will be secured in place for transport.
• Tarp systems will be visually inspected to assure they are in place, secure,
and have no rips, tears, or holes.
• Truck exteriors will be cleaned.
• Trucks will be visual inspected on all sides to assure there is no residual
ash on the exterior of the vehicles.
Unloading operations at the structural fill sites will involve the removal of the car
covers and the removal of coal ash from the cars using straddle carrier excavators.
Rail cars and trucks will be cleaned prior to leaving the site using a washing
station and/or vacuum truck as applicable. Any residual ash material that may be
in the bed of a truck or rail car will be removed and trucks and rail cars will be
recovered for their return trip. The load -out area will be paved and located above
a liner system designed to contain any spillage of ash or contact water.
Additionally, any ash spillage will be collected with a vacuum truck and taken to
the structural fill for placement. Any contact water from the load -out area will be
collected in a sump and pumped directly into the leachate collection system.
DWR Comment #3: "The Division has received many comments regarding surface
water and groundwater monitoring related to the project and reviewed the plans
provided in the Structural Fill Permit application. To protect all surface waters
downstream of the Brickhaven site, we believe that one additional surface monitoring
point on the unnamed tributary to Shaddox Creek at its intersection with the power line
ROW located north of the site should be added to the surface water monitoring plan."
A complete Water Quality Monitoring Plan was included in the Structural Fill
permit application submitted to the NC Department of Environment and Natural
Resources (DENR) and has been approved as a part of the Structural Fill permit.
Groundwater and surface water monitoring is being performed in accordance with
the Coal Ash Management Act of 2014 (CAMA14) and the Coal Combustion
Residuals (CCR) rule requirements. A sufficient number of wells have been sited
at each of the mine sites as required by the Division of Waste Management
through implementation of CAMA14 and Subtitle D standards. Baseline water
quality conditions for the mine sites are being established as specified in the CCR
rules through the implementation of 8 sampling events, with at least one event
occurring prior to the placement of coal ash as specified in the permit application
for the projects. By establishing the baseline water quality condition for the site,
the projects' water quality standards are set and can be used as a comparison for
effluent waters (groundwater and surface water) leaving the site. Additional
monitoring is not proposed at this time.

W Higgins
06.25.15
Page 4 of 5
DWR Comment #4: "Title 15A NCAC 02H.0506 requires that a proposed activity have
no practical alternative by demonstrating that, considering the potential for a reduction
in size, configuration or density of the proposed activity and all alternative designs, the
basic project purpose cannot be practically accomplished in a manner which would
avoid or result in less adverse impact to wetlands. The Division cannot process the
proposed alternative until the US Army Corps of Engineers determines that this
alternative is the least environmentally damaging practical alternative ( LEDPA). Please
provide correspondence from the US Army Corps of Engineers indicating which
alternative is selected as the LEDPA."
CEC has contacted the US Army Corps of Engineers (Corps) regarding
determination of the LEDPA for the proposed project. Mr. Craig Brown of the
Raleigh Regulatory Field Office indicated that he would contact the DWR
regarding the LEDPA once the determination is final.
Corps Changes to Impact Calculations
In the Corps comment letter dated May 6, 2015, the Corps asked for clarification
regarding "spanning structures" on the proposed project sites. The following is a
discussion of the structures, modifications to impact totals, and mitigation at the sites.
The Sanford Mine contains one crossing identified as an "arch culvert" on the northwest
portion of the property. The arch culvert would have indirect impacts to 0.02 acre of
wetland. The wetland is in an existing dirt road and is of poor quality, a typical
mitigation ratio for direct impacts would be 1:1. Indirect impacts are generally mitigated
at half the full ratio. The proposed mitigation at the Sanford Mine will be increased by
0.01 acre (a 0.5:1 ratio for indirect impact associated with the arch culvert).
The Brickhaven Mine contains two crossings on the Moncure Holdings site identified as
"spanning structures ". The spanning structure crossing the wetland will be a true bridge;
therefore, no mitigation would be required for the crossing. The spanning structure
crossing the stream will be an arch culvert. The arch culvert would have indirect impacts
on 90 linear feet of stream. The stream is of good quality and a typical mitigation ratio
for direct impacts would be 2:1. Indirect impacts are generally mitigated at half the full
ratio. The proposed mitigation at the Brickhaven Mine will be increased by 90 linear feet
(a 1:1 ratio for indirect impact associated with the arch culvert).
The impact tables in Section 5.1 of the permit application have been updated to reflect
indirect impacts and are attached for review (Attachment B). The impacts have also been
updated on the attached permit maps (Figure la and lb).
Proposed mitigation has been updated to reflect the following changes:
1. Mitigation for indirect impacts associated with Impact #25 at the Sanford
Mine.
2. Mitigation for indirect impacts associated with Impact #12 at the
Brickhaven Mine.

Ms.Higgins
06.25.15
Page 5 of 5
3. Impact #2 and #13 at Brickhaven will be mitigated for at a 2:1 ratio to
allow "out of HUC" mitigation as approve by the Corps on May 14, 2015.
A mitigation table has been provided for review (Attachment Q. Updated acceptance
letters from the Division of Mitigation Services (DMS) are also included for review
(Attachment D).
The applicant believes the information submitted in this package addresses all issues set
forth by the DWR in their letter dated June 4, 2015. Should you have any questions or
comments concerning this project please do not hesitate to contact me at 828 - 698 -9800.
Sincerely,
Rebekah L. Newton R. Clement Ridd e, P.W.S.
Project Biologist Principal
Cc: US Army Corps of Engineers, Raleigh — Craig Brown

Brickhaven Mine - Updated Permit Map
3y �
BRICKHAVEN DATA
°`e o• s`' _ image TOTAL PROJECT AREA +/- 332 ac
No Impact r G
CV 'z JURISDICTIONAL WATERS OF THE US
© Streams 4,8341f
+MlaotW. l 1 Wetlands (non - isolated) 3.98 ac J,
Wetlands (isolated) 0.50 ac
Roposed Raii - _ _ Open Water 0 ac
1� AbncureBH=rr LL
i
JURISDICTIONAL IMPACTS
' Property B dary Streams 2,540 If
Wetlands (non- isolated) 0.05 ac
Wetlands (isolated) 0.50 ac
Open Water n/a
�
Air
ch culvert Q
90 LF AVOIDANCE/MINIMIZATION
Streams 2,294 If (47%)
�+I Wetlands (non- isolated) 3.93 ac (99 %)
Wetlands (isolated) 0 ac (0%) _
Open Water n/a
MITIGATION !
Streams
Q r EEP (1:1) 2,5401f
Wetlands
�-EEP (1.1) -� 0.59 an
` 1 ) Moncure Holdings, LLC O
Site delineated by others.
Verified. October 2014 I Q
0
o
1 /1 .__JI Proposed Rai +
�� \1 G _ I /�`�L�j�•. L�40smaCll wetlands) f`
Im act
i1 \O
` 01
o
�
.Impact 93
906 LF
O ' O
Q Impact i{r 1 Impact iG
1 913 LF
3111 lF 0.0
�C\ !11 iStockpileand /-
Ra# SMe Support Area
V
UUU fU Isolated "
0
/} Impact i9
V 0.10AC
Isolated �
O Impact Ill
QIQ� 0.01 AC
orage Tan Impact #it ,
Total Impacts Sanford and Brickhaven Aea 002Ac
Isolated /1
Streams 4,2561f
Wetlands (non - isolated) 1.16 ac 0
Wetlands (isolated) 0.50 ac 1
��`'� I —, I\V/ ifil n \ N
Legend
Stream r
Proposed Grades
7/� Linear Wetland Fxisang Unpaved Roads
--- - Wetland Property Boundary
® 9V 1 Basin Magri
Brickhaven Mine Pamir # 19 -04 Bro�wver 0 0 250 500 1,000
culvert Feet
Data n by: P,: C 06.02.15; CEC Pr ' Feet "
Drawn by: RLN
arch and HDR
Chatham County, CLearWaLer Site Plan and Impact Map
North Carolina 224 South Grove Street, Suite F Figure 1 b
Hendersonville, North Carolina 28792

SANFORD DATA
1
F�stin8 48LF ._
Replamment SSOLF
TOTAL PROJECT AREA
+/- 425 ac
JURISDICTIONAL WATERS OF THE US
Streams
11,540 If
Wetlands
18.70 Be
Open Water
7.78 ac
JURISDICTIONAL IMPACTS
Existing Unpaved Road" 1
Streams
1,716 if
Wetlands
1.11 ac
Open Water
0 Be
AVOIDANCE/MINIMIZATION
Starmw
SW Bas Mina Basin
in Colon Mine Permit # 53 -05
Streams
9,824 If (85%)
Wetlands
17.59 Be (94 %)
Open Water
7.78 ac (100 %)
MITIGATION
Streams
EEP (I:1)
1,716 If
Wetlands
EEP (1:1)
1.10 Be
Sanford (Colon) Mine - Updated Permit Map
Total Impacts Sanford and Brickhaven
Streams 4,2561f
Wetlands (non - isolated) 1.16 ac
Wetlands (isolated) 0.50 ac
Legend
1
F�stin8 48LF ._
Replamment SSOLF
J
Stream
Proposed Grades
Kai
Unear Wetland
Proposed CSX Rail Spur
`
Wetland
Existing Unpaved Road" 1
OPan Water
I Property Boundary
®
Starmw
SW Bas Mina Basin
in Colon Mine Permit # 53 -05
�\
\
General Mine Information Map - Sheets 1-4 (02.15.14)
_ .
Culvert
Drawn by: RLN 06.02.15; CLt
Data Source: Char h and HDI
..Impact #24 `. , Birelurd Rd ---�
Existing 401-F
Replacement 50LF r
Net Impact 10 LF _
�.- Impact i r - Impact #23
48LF
-�� Replacement 50LF — -
Net Impact 2 LF
VOW
li rtl M
% 1�\
1
F�stin8 48LF ._
Replamment SSOLF
J
2 LF
`
r
Use Existing crossing
v, No Impact
0 250 500 1,000
=511111101111" I Feet
Lee County,
uearWacer Site Plan and Impact Map
North Carolina 224 South Grove Street, Suite F Figure la
Hendersonville, North Carolina 28792

Attachment A
DWR Request for Additional Information
(dated June 4, 2015)

FWA
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
June 4, 2015
Green Meadows, LLC
Attn: Mr. Charles Price
12601 Plantside Drive
Louisville, KY 40299
Subject: REQUEST FOR ADDITIONAL INFORMATION
Sanford (Colon) and Brickhaven Coal Ash Reclamation
Dear Mr. Price:
Donald R. van der Vaart
Secretary
DWR # 15 -0041 and 0042
Chatham and Lee Counties
On February 18, 2015, the Division of Water Resources (Division) received your application
dated February 13, 2015, requesting an Individual Water Quality Certification / Isolated and
Other Non -404 Jurisdictional Wetlands and Waters Permit from the Division for the subject
project. The Division received the Public Notice issued by the U.S. Army Corps of Engineers on
March 5, 2015 and comments solicited from Public Hearings held on April 13 and 16, 2015 in
Lee and Chatham Counties, respectively, until May 16, 2015. The Division has determined that
your application is incomplete and cannot be processed. The application is on -hold until all of
the following information is received:
1. In reviewing the Permit Map for the Brickhaven mine site, it appears that stream
impacts #3 through #5 could be minimized by constructing road access to
nonjurisdictional areas to utilize these areas for stormwater basins and soil stockpiles.
Please revise the plans to minimize the impacts or provide a detailed explanation of why
this plan cannot be practically accomplished, reduced or reconfigured to minimize
impacts to the stream channels.
2. Your application explains how losses will be prevented during transit of coal ash to the
mine sites and dust control measures to be employed on -site during construction of the
structural fill cells. Please explain how losses of residual coal ash remaining in railcars or
trucks after unloading will be prevented during transit.
3. The Division has received many comments regarding surface water and groundwater
monitoring related to the project and reviewed the plans provided in the Structural Fill
Permit application. To protect all surface waters downstream of the Brickhaven site, we
believe that one additional surface water monitoring point on the unnamed tributary to
Shaddox Creek at its intersection with the power line ROW located north of the site
should be added to the surface water monitoring plan.
401 & Buffer Permitting Unit
1617 Mail Service Center, Raleigh, North Carolina 27699 -1617
Location 512 N Salisbury St Raleigh, North Carolina 27604
Phone- 919- 919- 707 -90001 FAX [phone] Customer Service. 1-877-623-6748
Internet www.ncwaterResources org
An Equa' opportunity 1 Af@rmative Action Employer - Made in part by recycled page,

Green Meadows, LLC
DWR# 15- 0041 -42
Request for Additional Information
Page 2 of 2
4. Title 15A NCAC 02H .0506 requires that a proposed activity have no practical alternative
by demonstrating that, considering the potential for a reduction in size, configuration or
density of the proposed activity and all alternative designs, the basic project purpose
cannot be practically accomplished in a manner which would avoid or result in less
adverse impact to wetlands. The Division cannot process the proposed alternative until
the U.S. Army Corps of Engineers (USAGE) determines that this alternative is the least
environmentally damaging practical alternative (LEDPA). Please provide
correspondence from the USACE indicating which alternative is selected as the LEDPA.
Pursuant to Title 15A NCAC 02H .0502(e) / Title 15A NCAC 02H .1304(d), the applicant shall
furnish all of the above requested information for the proper consideration of the application.
If all of the requested information is not received in writing within 30 calendar days of receipt
of this letter, the Division will be unable to approve the application and it will be returned. The
return of this project will necessitate reapplication to the Division for approval, including a
complete application package and the appropriate fee.
Please respond in writing within 30 calendar days of receipt of this letter by sending three
copies of all of the above requested information to the 401 & Buffer Permitting Unit, 1617 Mail
Service Center, Raleigh, NC 27699 -1617.
Please be aware that you have no authorization under the Section 401 of the Clean Water Act/
Isolated Wetlands and Isolated Waters Rules for this activity and any work done within waters
of the state may be a violation of North Carolina General Statutes and Administrative Code.
Please contact Jennifer Burdette at 919 -807 -6364 or iennifer.burdetteoncdenr.eov or me at
919 - 807 -6360 or karen.higeinsPncdenr.eov if you have any questions or concerns.
Sincerely,
ka
Karen Higgins, Supervisor
401 & Buffer Permitting Unit
cc: Clement Riddle, ClearWater Environmental Consultants, Inc., 224 South Grove
Street, Ste F, Hendersonville, NC 28792
USACE Raleigh Regulatory Field Office
DWR RRO 401 file
DWR 401 & Buffer Permitting Unit file
Filename: 150041 -42Sandford8rickhavenM ines(LeeChatham )_401_IC_H old2.docx

Attachment B
Updated Impact Table
(Section 5.1 of the Permit Application)

The proposed project includes the following stream and wetland impacts at the Sanford and
Brickhaven Mines (Figures la and lb):
I Impact #
3
6
10
11
fl 13
15
21
22
23
24
Total
Impact #
I 1
1 3
4
5
12*
Total
Impacts per site:
Sanford - Streams
Linear Feet
Type of Impact
405
Fill Cell and SEC Structure
201
Fill Cell and SEC Structure
660
Fill Cell and SEC Structure
217
Fill Cell and SEC Structure
96
Fill Cell
23
Fill Cell
2
Road Crossing
100
Railroad
2
Road Crossing
10
Road Crossing
1,716
SEC Structure
Brickhaven - Streams
Linear Feet
Type of Impact
320
SEC Structure
0.005
Stockpile Yard and SEC
906
Structure
SEC Structure
Stockpile Yard and SEC
913
Structure
311
SEC Structure
90
Arch Culvert
2,540
SEC Structure
*new impact added
Sanford - Wetlands (non- isolated)
Impact #
Acres
Type of Impact
1
0.005
SEC Structure
I 2
0.11
SEC Structure
4
0.03
Fill Cell
5
0.14
Fill Cell
7
0.19
SEC Structure
8
0.09
SEC Structure
9
0.07
SEC Structure
12
0.02
Fill Cell
14
0.04
Fill Cell
16
0.10
Fill Cell
17
0.24
Railroad
18
0.03
Railroad
19
0.02
Railroad
20
0.004
Railroad
I 25*
0.02
Arch Culvert I
I Total
1.11
Brickhaven - Wetlands (non- isolated)
Impact # Acres Type of Impact I
2 0.04 SEC Structure
10 0.01 SEC Structure
13* 0.002 Railroad
I Total 0.05
Brickhaven - Wetlands (isolated)
Impact #
Acres
Type of Impact
6
0.08
Fill Cell
7
0.01
Fill Cell
8
0.29
Fill Cell
9
0.10
Fill Cell
11
0.02
SEC Structure
Total
0.50

Total impacts (for Sanford Mine and Brickhaven Mine):
Streams
Sanford 1,716
Brickhaven 2,540
Total Streams 4,256
Wetlands (non - isolated)
Sanford I 1.11
Brickhaven 0.05
Total Wetlands (non - isolated) 1.16
Wetlands (isolated)
Sanford 0
Brickhaven 0.50
Total Wetlands (isolated) 0.50

Attachment C
Mitigation Table

'newly added mitigation
Total Mitigation Required by HUC- Stream (LF)
CF04 CF02 Grand Total
Sanford 1,716 0
Brickhaven 0 2,540
Total 1,716 2,540 4,256
Total Mitigation Required by HUC- Wetland (AC)
CF04 CF02 Grand Total
Sanford 1.10 0
Brickhaven 0.59 0
Total 1.69 0 1.69
Brickhaven - Streams
Sanford - Streams
Impact # Linear Feet
Impact #
Linear Feet
Mitigation Ratio (x:1)
Basic Mitigation Requirement
HUC Notes
3
405
1
405
CF04
6
201
1
201
CF04
10
660
1
660
CF04
11
217
1
217
CF04
13
96
1
96
CF04
15
23
1
23
CF04
21
2
1
2
CF04
22
100
1
100
CF04
23
2
1
2
CF04
24
10
1
10
CF04
Total
1,716
1,716
Sanford - Wetlands
Impact #
Acres
Mitigation Ratio (x:1)
Basic Mitigation Requirement
HUC Notes
1
0.005
1
0.005
CF04
2
0.11
1
0.11
CF04
4
0.03
1
0.03
CF04
5
0.14
1
0.14
CF04
7
0.19
1
0.19
CF04
8
0.09
1
0.09
CF04
9
0.07
1
0.07
CF04
12
0.02
1
0.02
CF04
14
0.04
1
0.04
CF04
16
0.10
1
0.1
CF04
17
0.24
1
0.24
CF04
18
0.03
1
0.03
CF04
19
0.02
1
0.02
CF04
20
0.004
1
0.004
CF04
25•
0.02
0.5
0.01
CF04 arch culvert - indirect impacts (half of 1 :1 ratio)
Total
1.11
1.10
*newly added mitigation
'newly added mitigation
Total Mitigation Required by HUC- Stream (LF)
CF04 CF02 Grand Total
Sanford 1,716 0
Brickhaven 0 2,540
Total 1,716 2,540 4,256
Total Mitigation Required by HUC- Wetland (AC)
CF04 CF02 Grand Total
Sanford 1.10 0
Brickhaven 0.59 0
Total 1.69 0 1.69
Brickhaven - Streams
Impact # Linear Feet
Mitigation Ratio (x:1)
Basic Mitigation Requirement
HUC Notes
1 320
1
320
CF02
3 906
1
906
CF02
4 913
1
913
CF02
5 311
1
311
CF02
12' 90
1
90
CF02 arch culvert - indirect impacts (half of 2:1 ratio)
Total 2,540
0.01 1
2,540
CF04
'newly added mitigation
0.02 1
0.02
CF04
'newly added mitigation
Total Mitigation Required by HUC- Stream (LF)
CF04 CF02 Grand Total
Sanford 1,716 0
Brickhaven 0 2,540
Total 1,716 2,540 4,256
Total Mitigation Required by HUC- Wetland (AC)
CF04 CF02 Grand Total
Sanford 1.10 0
Brickhaven 0.59 0
Total 1.69 0 1.69
Brickhaven - Wetlands
Impact #
Acres Mitigation Ratio (x:1)
Basic Mitigation Requirement
HUC Notes
2
0.04 2
0.08
CF02 adding to CF04 -'but of HUC (double of 1:1 ratio)
6
0.08 1
0.08
CF04
7
0.01 1
0.01
CF04
8
0.29 1
0.29
CF04
9
0.10 1
0.10
CF04
10
0.01 1
0.01
CF04
11
0.02 1
0.02
CF04
13'
0.002 2
0.004
CF02 adding to CF04 -'but of HUC (double of 1:1 ratio)
Total
0.55
0.59
'newly added mitigation
Total Mitigation Required by HUC- Stream (LF)
CF04 CF02 Grand Total
Sanford 1,716 0
Brickhaven 0 2,540
Total 1,716 2,540 4,256
Total Mitigation Required by HUC- Wetland (AC)
CF04 CF02 Grand Total
Sanford 1.10 0
Brickhaven 0.59 0
Total 1.69 0 1.69

Attachment D
DMS Modified Acceptance Letter
(dated June 4, 2015)

AGM'A
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Govemor
Charles Price
Green Meadows, LLC
12601 Plantside Drive
Louisville, KY 40299
Project: Brickhaven and Sanford Mines
Ecosystem Enhancement Program Donald R. van der Vaart
Secretary
June 4, 2015
Expiration of Acceptance: December 4, 2015
County: Chatham/Lee
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to accept
payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please
note that this decision does not assure that participation in the NCEEP will be approved by the permit issuing agencies as mitigation
for project impacts. It is the responsibility of the applicant to contact these agencies to determine if payment to the NCEEP will be
approved. You must also comply with all other state. federal or local eovernment permits, reeulations or authorizations associated
with the vrovosed activitv includine SL 2009 -337: An Act to Promote the Use of Compensatory Mitieation Banks as amended by
S.L. 2011 -343.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the
issued 404 Permit/401 Certification/CAMA permit within this time frame, this acceptance will expire. It is the applicant's
responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice will be issued based
on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the In-
Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at www.nceep.net.
Based on the information supplied by you in your request to use the NCEEP, the impacts that may require compensatory mitigation
are summarized in the following table. The amount of mitigation required and assigned to NCEEP for this impact is determined by
permitting agencies and may exceed the impact amounts shown below.
CU Stream (feet) Wetlands (acres) Buffer I Buffer 11
River Basin Location
Cold
Impact Cape Fear 1 03030004 0
Cool J Warm Riparian I Non - Riparian I Coastal Marsh
1,716 Up to 2
(Sq. Ft.) (Sq. FL)
0 0
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. The mitigation will be performed
in accordance with the N.C. Department of Environment and Natural Resources' Ecosystem Enhancement Program In -Lieu Fee
Instrument dated July 28, 2010.
Thank you for your interest in the NCEEP. If you have any questions or need additional information, please contact Kelly Williams at
(919) 707 -8915.
Sincerely, 16 5c�
Jame Stanfill
Asset Management Supervisor
cc: Craig Brown, USACE - Raleigh
Rebekah Newton, agent
1652 Mad Service Center, Raleigh, North Carolina 27699 -1652
Phone- 919 - 707 -89761 Internet* www nceep.net
An Equal Opportunity 1 Afrumative Acton Employer - Made in pan tram recycled paper

APA
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Charles Price
Green Meadows, LLC
12601 Plantside Drive
Louisville, KY 40299
Project: Brickhaven and Sanford Mines
Ecosystem Enhancement Program Donald R. van der Vaart
Secretary
June 4, 2015
Expiration of Acceptance: December 4, 2015
County: Chatham/Lee
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to accept
payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please
note that this decision does not assure that participation in the NCEEP will be approved by the permit issuing agencies as mitigation
for project impacts. It is the responsibility of the applicant to contact these agencies to determine if payment to the NCEEP will be
approved. You must also comply with all other state, federal or local eovernment hermits, reeulations or authorizations associated
with the hronosed activity includine SL 2009 -337: An Act to Promote the Use of Conmensatory Mitigation Banks as amended by
S.L. 2011 -343.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the
issued 404 Permit/401 Certiillcation/CAMA permit within this time frame, this acceptance will expire. It is the applicant's
responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice will be issued based
on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the In-
Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at www.neeep.net.
Based on the information supplied by you in your request to use the NCEEP, the impacts that may require compensatory mitigation
are summarized in the following table. The amount of mitigation required and assigned to NCEEP for this impact is determined by
permitting agencies and may exceed the impact amounts shown below.
CU Stream (feet) Wetlands (acres) Buffer I Buffer 11
River Basin 9 ) S
Location (S q. Ft. 1 9• Ft.)
Cold Cool Warm Riparian Non - Riparian Coastal Marsh
Impact Cape Fear 03030002 0 I 0 2,540 0 I 0 1 0 1 0 0
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. The mitigation will be performed
in accordance with the N.C. Department of Environment and Natural Resources' Ecosystem Enhancement Program In -Lieu Fee
Instrument dated July 28, 2010.
Thank you for your interest in the NCEEP. If you have any questions or need additional information, please contact Kelly Williams at
(919) 707 -8915.
Sincerely,
James. B S 11
Asset Management Supervisor
cc: Craig Brown, USACE - Raleigh
Rebekah Newton, agent
1652 Mail Service Center, Raleigh, North Carolina 27699 -1652
Phone. 919 - 707 -89761 Internet. www.nceep.net
An Equal Opportunity 1 Affimrabve Action Employer - Made m part from recycled paper