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Home My WebLink About20140356 Ver 1_DMS Letter_20150828U.S. ARMY CORPS OF ENGINEERS Wilmington District Comnensatory Mitigation Responsibility Transfer Form Permittee: The Quartz Corp, USA / Todd Mickleborough Project Name: Pine Mountain Mine Action ID: SAW - 2013 -01376 County: Mitchell Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved Mitigation Bank or the North Carolina Ecosystem Enhancement Program (NCEEP), who will then sign the form to verify the transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a 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 -digit 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 Permittee. Once the form is signed, the Sponsor must update the bank ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE 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 -digit HUC and Basin: 06010108, French Broad River Basin Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool I Cold Riparian Riverine I Riparian Non - Riverine I Non - Riparian Coastal 220 *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 -digit HUC and Basin: 06010108, French Broad River Basin Stream Mitigation (credits) Wetland Mitigation (credits) Warm I Cool I 6Q Riparian Riverine I Riparian Non - Riverine Non - Riparian I Coastal Mitigation Site Debited: NCEEP (List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCEEP, list NCEEP. If the NCEEP acceptance letter identifies a specific site, also list the specific site to be debited). Section to be completed by the Mitigation Sponsor Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation transactions for the Mitigation Sponsor shown below, and I 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 ID number shown. I also verify that released credits (and /or advance credits for NCEEP), as approved by the USACE, are currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to ensure compliance associated with the mitigation requirements. Mitigation Sponsor Name:, Name of Sponsor's or'zed epr gentative: J6 I V r �DX ! f _ Signature of n ter' Authorized Representative YV 2 y �,s� &/'— Date of i nature Page 1 of 2 Form Updated 12 September, 2014 effiERR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Division of Mitigation Services RECEIPT August 28, 2015 Todd Mickleborough The Quartz Corp., USA PO Box 309 Spruce Pine, NC 28777 Project: Pine Mountain Mine (Phase 1 Mitigation) County: Mitchell WQ permit #: 14 -0356 COE #: 2013 -01376 DMS #: 23676 Amount Paid: $99,060.00 Check Number: 8800008952 Donald R. van der Vaart Secretary The NCDENR Division of Mitigation Services (DMS) has received a check as indicated above as payment for the compensatory mitigation requirements of the 401 Water Quality Certification/Section 404 /CAMA Permit(s) issued for the above- referenced project. This receipt serves as notification that your compensatory mitigation requirements assigned to DMS associated with the authorized activity as specified below have been satisfied. You must also comply with all other conditions of this certification and any other state, federal or local government permits or authorization associated with this activity including G.S. § 143 - 214.11. The DMS, by acceptance of this payment, acknowledges that the Division is responsible for the compensatory mitigation requirements indicated below associated with the project permit and agrees to provide the compensatory mitigation as specified in the permit. Mitigation responsibility assigned to the DMS is nontransferable. The mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010. River Basin Stream Credits HUC (linear feet) Cold Cool Warm Riparian French Broad 260 0 0 0 06010108 Wetland Credits I Buffer I& II (acres) (Sq. Ft.) Non - Riparian Coastal Marsh 0 1 0 I n Refunds of payments made to NCEEP are only approved under certain conditions. All refund requests must be submitted in accordance with the Division's refund policy at www.nceep.net. If you have any questions or need additional information, please contact Kelly Williams at (919) 707 -8915. cc: Sin esely, c e 1 Director Tasha Alexander, USACE - Asheville; Todd Tugwell, USACE- Raleigh Jennifer Robertson, agent Sheri Montalvo, NCDWR Raleigh 1652 Mail Service Center, Raleigh, North Carolina 27699 -1652 Phone: 919 - 707 -89761 Internet: www.nceep.net An Equal Opportunity 1 Affirmative Action Employer — Made in part from recycled paper Montalvo, Sheri A From: Williams, Kelly Sent: Friday, August 28, 2015 10:00 AM To: Jennifer Robertson Cc: Montalvo, Sheri A; Tasha Alexander (Tasha.L.Alexander @usace.army.mil); todd tugwell (Todd.Tugwell @usace.army.mil); Cindy Corbett (cindy.m.corbett @usace.army.mil) Subject: Pine Mountain Mine Phase 1 Mitigation receipt Attachments: 23676 STR Pine Mountain Mine (Phase 1 Mitigation).pdf, MRTF 2013 -01376 Pine Mtn Mine Phase l.pdf Jennifer- Sincerely, Kelly Kelly Williams Division of Mitigation Services In -Lieu Fee Program Coordinator direct: 919.707.8915 US Postal Service Address: 1652 Mail Service Center Raleigh, NC 27699 -1652 Our Raleigh office is located in the N.C. Dept. of Environment and Natural Resources Building at 217 West Jones St., Suite 3000A, Raleigh, N.C. 27603. Parking and visitor access information is available on the DENR website. E-mail correspondence to andPorn this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties.