NCG021046_Jurisdictional Determination Request_20240923

2/68
Ak ALBEMARLE"
SWCA 113 Edinburgh South Drive
Suite 120
Cary,North Carolina 27511
Tel [phone]
ENVIRONMENTAL CONSULTANTS wwwsw0000m
Albemarle U5,Inc.
2136 Sound Science.Creative Solutions! 4250 Congress Street,Suite 900
Charlotte,North Carolina 28209
980-299-5700
www.albemarle.com
October 3, 2023
Charlotte Regulatory Field Office By Electronic Mail: [e-mail]
US Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
Subject: Jurisdictional Determination Request
Kings Mountain Lithium Mine Project
Kings Mountain,Cleveland County, North Carolina
Dear Reviewer:
On behalf of Albemarle U.S., Inc. (Albemarle),SWCA Environmental Consultants (SWCA) is submitting
both an Approved Jurisdictional Determination (AJD) and Preliminary Jurisdictional Determination (PJD)
request for the above-referenced project in Cleveland County, North Carolina.This AJD/PJD request
package replaces the previous AJD/PJD request package submitted in February 2023 and reflects a new
final project boundary that includes additional aquatic resources delineated in July 2023,while removing
entirely the Albemarle South property from the project.
Albemarle is proposing to resume and expand mining operations within their Kings Mountain lithium
mine site.The approximately 1,106-acre project area is approximately two miles south of downtown
Kings Mountain, North Carolina. The project is on private land owned or leased by Albemarle and is
divided by Interstate 85,with the main parcel on the north side of the highway and a smaller parcel on
the south side of the highway.The main parcel is mostly developed/disturbed and includes Albemarle's
lithium salts and compound processing facility, Albemarle's Global Technical Center, and the inactive
lithium mine.The west side along South Battleground Avenue includes a recently closed drive-in theater
with a recreational vehicle campground, remnants of a textile mill, an old school building, and single-
home residential properties. Five utility rights-of-way(ROWS) cross the northern and central portions of
the parcel.The parcel directly south of 1-85 is mostly undeveloped but was previously disturbed by
mining. Additionally,three utility ROWS cross the parcel running northeast to southwest.
The JD will be utilized to avoid and minimize aquatic resource impacts where possible. We are
requesting an AJD for isolated and potentially non-jurisdictional features within an approximately 94-
acre review area, and a PJD on the remainder of the project area (approximately 1,012 acres)that
contains likely jurisdictional Waters of the United States (WOTUS).
The JD request form, delineation site summary, Rapanos form, figures, data sheets, photos, and aquatic
resources table are enclosed for your review. Please contact Charlie Benton at

Ak ALBEMARLE"
SWCA,
Ca Edinburgh South drive
Suite 120
Cary,North Carolina 27511
Tel [phone]
ENVIRONMENTAL CONSULTANTS www.swca.com
Albemarle U5,Inc.
2136 Soun�d Science.Creative Solutions® 4250 Congress Street,Suite 900
Charlotte,North Carolina 28209
980-299-5700
www.albemarle.com
[e-mail] and Steve Adams at [e-mail] with any questions regarding
the enclosed information.
Sincerely,
SWCA Environmental Consultants
Charlie Benton, Sr. Natural Resources Manager
cc:
Trevor Chesal, Albemarle
Steve Adams, SWCA
Enclosures:
Attachment A:
JD Request Form
RapanosForm
PJD Form
Site Summary Information
List of Parcels within the Project Boundary
Attachment B:
Appendix A—Figures
Appendix B—Data Sheets& Photographs
Appendix C—Aquatic Resources Table
Appendix D—Wetland Delineation Report
Attachment C:
Aquatic Resources Upload Sheet for ORM2

SAW-2018-0064 6
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2018-00616 County: Cleveland U.S.G.S. Quad:NC-Kings Mountain
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner: Albemarle US,Inc
Kevin Sharp
Address: 4350 Congress Street,Ste 700
Charlotte,NC 28209
Telephone Number: 704-739-2501
E-mail: Kevinsharp(dalbemarle.com
Size(acres) 777 Nearest Town Kings Mountain
Nearest Waterway Kings Creek River Basin Santee
USGS HUC 03050105 Coordinates Latitude:35.216946
Longitude: -81.354655
Location description: The review area is located 0.485 miles Southeast of the intersection of Beta PI and Parkgrace Rd.in
Cleveland Co.PIN(s): 12852, 11661,58234,62000,12849,47136,12637,12804,12766,and 12610.
Indicate Which of the Following Apply:
A. Preliminary Determination
❑ There appear to be waters including wetlands,on the above described project area/property,that may be subject to Section 404
of the Clean Water Act(CWA)(33 USC § 1344)and/or Section 10 of the Rivers and Harbors Act(RHA)(33 USC §403).The
waters including wetlands,have been delineated,and the delineation has been verified by the Corps to be sufficiently accurate
and reliable.The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. Therefore
this preliminary jurisdiction determination may be used in the permit evaluation process,including determining compensatory
mitigation.For purposes of computation of impacts,compensatory mitigation requirements,and other resource protection
measures,a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any
way by the permitted activity on the site as if they are jurisdictional waters of the U.S.This preliminary determination is not an
appealable action under the Regulatory Program Administrative Appeal Process(Reference 33 CFR Part 331).However,you may
request an approved JD,which is an appealable action,by contacting the Corps district for further instruction.
❑ There appear to be waters including wetlands,on the above described project area/property,that may be subject to Section 404
of the Clean Water Act(CWA)(33 USC § 1344)and/or Section 10 of the Rivers and Harbors Act(RHA)(33 USC §403).
However,since the waters including wetlands,have not been properly delineated,this preliminary jurisdiction determination
may not be used in the permit evaluation process. Without a verified wetland delineation,this preliminary determination is
merely an effective presumption of CWA/RHA jurisdiction over all of the waters including wetlands,at the project area,which
is not sufficiently accurate and reliable to support an enforceable permit decision.We recommend that you have the waters
including wetlands,on your project area/property delineated.As the Corps may not be able to accomplish this wetland
delineation in a timely manner,you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps.
B. Approved Determination
❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit
requirements of Section 10 of the Rivers and Harbors Act(RHA)(33 USC§403)and Section 404 of the Clean Water Act
(CWA)(33 USC§ 1344). Unless there is a change in law or our published regulations,this determination may be relied upon for
a period not to exceed five years from the date of this notification.
® There are waters including wetlands,on the above described project area/property subject to the permit requirements of Section
404 of the Clean Water Act(CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations,this
determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ We recommend you have the waters including wetlands,on your project area/property delineated. As the Corps may not be
able to accomplish this wetland delineation in a timely manner,you may wish to obtain a consultant to conduct a delineation that
can be verified by the Corps.

SAW-2018-00616
®The waters including wetlands,on your project area/property have been delineated and the delineation has been verified by
the Corps.The approximate boundaries of these waters are shown on the enclosed delineation map dated 7/18/2017(Revised
03/14/2018).We strongly suggest you have this delineation surveyed. Upon completion,this survey should be reviewed and
verified by the Corps. Once verified,this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on
your property which,provided there is no change in the law or our published regulations,may be relied upon for a period not to
exceed five years.
❑ The waters including wetlands,have been delineated and surveyed and are accurately depicted on the plat signed by the
Corps Regulatory Official identified below on DATE.Unless there is a change in the law or our published regulations,this
determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ There are no waters of the U.S.,to include wetlands,present on the above described project area/property which are subject to the
permit requirements of Section 404 of the Clean Water Act(33 USC 1344). Unless there is a change in the law or our published
regulations,this determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act(LAMA).
You should contact the Division of Coastal Management in Morehead City,NC,at(252)808-2808 to determine their
requirements.
Placement of dredged or fill material within waters of the US,including wetlands,without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act(33 USC § 1311). Placement of dredged or fill material,construction or
placement of structures,or work within navigable waters of the United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act(33 USC §401 and/or 403).If you have any questions
regarding this determination and/or the Corps regulatory program,please contact Catherine M.Janiczak at 704-510-1438 or
Catherine.M.Janiczak(&usace.army.mil.
C. Basis For Determination: Basis For Determination: See the approved jurisdictional determination
forms dated 05/29/2018.
D. Remarks: Reference Stream& Wetland Delineation Map Figure 5, Overview and Sheets 1-7,
prepared by Clearwater.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants,or anticipate participation in USDA programs,you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service,prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B.
above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination,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 determination you
must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele,Review Officer
60 Forsyth Street SW,Room 10M15
Atlanta,Georgia 30303-8801

SAW-2018-00616
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 07/28/2018.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**
Corps Regulatory Official:
Date of JD: 05/29/2018 Expiration Date of JD: 05/28/2023
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so,please complete the Customer Satisfaction Survey located at
http://corpsmapu.usace.army.mil/cm apex/f?p=136:4:0
Copy furnished:
Agent: C1earWater Environmental Consultants
Kaylie Yankura
Address: 32 Clayton Street
Asheville,NC 28801
Telephone Number: 828-698-9800
E-mail: KaylieAcwenv.com

SAW-2018-0064 6
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Albemarle US,Inc,Kevin Sharp File Number: SAW-2018-00616 Date: 05/29/2018
Attached is: See Section below
❑ INITIAL PROFFERED PERMIT(Standard Permit or Letter of permission) A
❑ PROFFERED PERMIT Standard Permit or Letter ofpermission) B
❑ PERMIT DENIAL C
® APPROVED JURISDICTIONAL DETERMINATION D
R. 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 or http://www.usace.army.mil/Missions/CivilWorks/Repulaton ProjzramandPennits.aspx
or the 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 permit 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 permit,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 permit be modified accordingly.You must complete Section I1 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 permit
• 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 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 permit,including its terms and conditions,and approved jurisdictional determinations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit(Standard or LOP)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 1I 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 II 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 JURISDICTIONAL 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.

SAW-2018-00616
SECTION II-REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED ERMITdfi
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.
However,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:
District Engineer,Wilmington Regulatory Division Mr. Jason Steele,Administrative Appeal Review Officer
Attn: Catherine M.Janiczak CESAD-PDO
Charlotte Regulatory Office U.S.Army Corps of Engineers, South Atlantic Division
U.S Army Corps of Engineers 60 Forsyth Street,Room 10M15
8430 University Executive Park Drive,Suite 615 Atlanta,Georgia 30303-8801
Charlotte,North Carolina 28262 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 opportunit to participate in all site investi ations.
Date: Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer,Wilmington Regulatory Division,Attn: Catherine M.Janiczak,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 1OM15,Atlanta,Georgia 30303-8801
Phone: [phone]

APPROVED JURISDICTIONAL DETERMINATION FORM
U.S.Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
SECTION I: BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION(JD):05/29/2018
B. DISTRICT OFFICE,FILE NAME,AND NUMBER:CESAW-RG-C,Albemarle Lithium Mine AJD,SAW-2018-00616
C. PROJECT LOCATION AND BACKGROUND INFORMATION:The review area is located 0.485 miles southeast of the
intersection of Beta Place and Parkgrace Road.PINS: 12852, 11661,58234,62000, 12849,47136, 12637, 12804, 12766,and 12610.
State:NC County/parish/borough:Cleveland City:Kings Mountain
Center coordinates of site(lat/long in degree decimal format): Lat.35.218206'N,Long.-81.358125'�.
Universal Transverse Mercator:
Name of nearest waterbody:Kings Creek
Name of nearest Traditional Navigable Water(TNW)into which the aquatic resource flows:Broad River
Name of watershed or Hydrologic Unit Code(HUC):Broad/03050105
® Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request.
❑ Check if other sites(e.g.,offsite mitigation sites,disposal sites,etc...)are associated with this action and are recorded on a
different JD form.
D. REVIEW PERFORMED FOR SITE EVALUATION(CHECK ALL THAT APPLY):
❑ Office(Desk)Determination. Date:
® Field Determination. Date(s):05/03/2018
SECTION II: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There Are no "navigable waters of the U.S."within Rivers and Harbors Act(RHA)jurisdiction(as defined by 33 CFR part 329)in the
review area. [Required]
❑ Waters subject to the ebb and flow of the tide.
❑ Waters are presently used,or have been used in the past,or may be susceptible for use to transport interstate or foreign commerce.
Explain:
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
There Are"waters of the U.S."within Clean Water Act(CWA)jurisdiction(as defined by 33 CFR part 328)in the review area.[Required]
1. Waters of the U.S.
a. Indicate presence of waters of U.S.in review area(check all that apply):1
❑ TNWs,including territorial seas
❑ Wetlands adjacent to TNWs
® Relatively permanent waters'(RPWs)that flow directly or indirectly into TNWs
❑ Non-RPWs that flow directly or indirectly into TNWs
❑ Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
❑ Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
❑ Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs
❑ Impoundments of jurisdictional waters
® Isolated(interstate or intrastate)waters,including isolated wetlands
b. Identify(estimate)size of waters of the U.S.in the review area:
Non-wetland waters: 360(Stream)linear feet:2-3 width(ft)and/or (Open Water)acres.
Wetlands:0.16 acres.
c.Limits(boundaries)of jurisdiction based on:Pick List
Elevation of established OHWM(if known):
2. Non-regulated waters/wetlands(check if applicable):3
® Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional.
Explain:There are five mining pits dug exclusively in upland areas with no connection to jurisdictional waters
downstream.These five mining pits are outlined in purple on the referenced stream and wetland delineation map
(Figure 5).
Boxes checked below shall be supported by completing the appropriate sections in Section III below.
z For purposes of this form,an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least"seasonally"
(e.g.,typically 3 months).
s Supporting documentation is presented in Section HIT.

SECTION III: CWA ANALYSIS
A. TNWs AND WETLANDS ADJACENT TO TNWs
The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW,complete
Section III.A.1 and Section III.D.1.only;if the aquatic resource is a wetland adjacent to a TNW,complete Sections HLA.1 and 2
and Section III.D.1.;otherwise,see Section III.B below.
1. TNW
Identify TNW: .
Summarize rationale supporting determination:
2. Wetland adjacent to TNW
Summarize rationale supporting conclusion that wetland is"adjacent':
B. CHARACTERISTICS OF TRIBUTARY(THAT IS NOT A TNW)AND ITS ADJACENT WETLANDS(IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands,if any,and it helps
determine whether or not the standards for jurisdiction established under Rapanos have been met.
The agencies will assert jurisdiction over non-navigable tributaries of TNWs where the tributaries are"relatively permanent
waters"(RPWs),i.e.tributaries that typically flow year-round or have continuous flow at least seasonally(e.g.,typically 3
months).A wetland that directly abuts an RPW is also jurisdictional.If the aquatic resource is not a TNW,but has year-round
(perennial)flow,skip to Section III.D.2.If the aquatic resource is a wetland directly abutting a tributary with perennial flow,
skip to Section III.D.4.
A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation.Corps districts and
EPA regions will include in the record any available information that documents the existence of a significant nexus between a
relatively permanent tributary that is not perennial(and its adjacent wetlands if any)and a traditional navigable water,even
though a significant nexus finding is not required as a matter of law.
If the waterbody4 is not an RPW,or a wetland directly abutting an RPW,a JD will require additional data to determine if the
waterbody has a significant nexus with a TNW.If the tributary has adjacent wetlands,the significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands.This significant nexus evaluation that combines,for
analytical purposes,the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is
the tributary,or its adjacent wetlands,or both.If the JD covers a tributary with adjacent wetlands,complete Section III.B.1 for
the tributary,Section III.B.2 for any onsite wetlands,and Section III.B.3 for all wetlands adjacent to that tributary,both onsite
and offsite.The determination whether a significant nexus exists is determined in Section III.0 below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: Pick List
Drainage area: Pick List
Average annual rainfall: inches
Average annual snowfall: inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
❑Tributary flows directly into TNW.
❑Tributary flows throughPick List tributaries before entering TNW.
Project waters are Pick List river miles from TNW.
Project waters are Pick List river miles from RPW.
Project waters are Pick List aerial(straight)miles from TNW.
Project waters are Pick List aerial(straight)miles from RPW.
Project waters cross or serve as state boundaries.Explain:
Identify flow route to TNW5:Kings Creek to Jumping Branch,Jumping Branch to Broad River.
'Note that the Instructional Guidebook contains additional information regarding swales,ditches,washes,and erosional features generally and in the and
West.
s Flow route can be described by identifying,e.g.,tributary a,which flows through the review area,to flow into tributary b,which then flows into TNW.

Tributary stream order,if known:
(b) General Tributary Characteristics(check all that Uply):
Tributary is: ❑Natural
❑Artificial(man-made). Explain:
❑Manipulated (man-altered). Explain:
Tributary properties with respect to top of bank(estimate):
Average width:5-20 feet
Average depth:2-10 feet
Average side slopes:Pick List.
Primary tributary substrate composition(check all that apply):
❑ Silts ❑ Sands ❑Concrete
❑Cobbles ❑Gravel ❑Muck
❑Bedrock ❑Vegetation. Type/%cover:
❑Other.Explain:
Tributary condition/stability[e.g.,highly eroding,sloughing banks]. Explain:
Presence of run/riffle/pool complexes. Explain:
Tributary geometry:Pick List
Tributary gradient(approximate average slope): %
(c) Flow:
Tributary provides for:Pick List
Estimate average number of flow events in review area/year:
Describe flow regime:
Other information on duration and volume:
Surface flow is:Pick List. Characteristics:
Subsurface flow:Pick List. Explain findings:
❑Dye(or other)test performed:
Tributary has(check all that apply):
❑Bed and banks
❑OHWM6(check all indicators that apply):
❑ clear,natural line impressed on the bank ❑ the presence of litter and debris
❑ changes in the character of soil ❑ destruction of terrestrial vegetation
❑ shelving ❑ the presence of wrack line
❑ vegetation matted down,bent,or absent ❑ sediment sorting
❑ leaf litter disturbed or washed away ❑ scour
❑ sediment deposition ❑ multiple observed or predicted flow events
❑ water staining ❑ abrupt change in plant community
❑ other(list):
❑Discontinuous OHWM.1 Explain:
If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction(check all that apply):
❑ High Tide Line indicated by: ❑ Mean High Water Mark indicated by:
❑ oil or scum line along shore objects ❑ survey to available datum;
❑ fine shell or debris deposits(foreshore) ❑physical markings;
❑ physical markings/characteristics ❑vegetation lines/changes in vegetation types.
❑ tidal gauges
❑ other(list):
(iii) Chemical Characteristics:
Characterize tributary(e.g.,water color is clear,discolored,oily film;water quality;general watershed characteristics,etc.).
Explain:
Identify specific pollutants,if known:
6A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction(e.g.,where the stream temporarily flows underground,or where
the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow
regime(e.g.,flow over a rock outcrop or through a culvert),the agencies will look for indicators of flow above and below the break.
'Ibid.

(iv) Biological Characteristics. Channel supports(check all that apply):
❑ Riparian corridor. Characteristics(type,average width):
❑ Wetland fringe. Characteristics:
❑ Habitat for:
❑Federally Listed species. Explain findings:
❑Fish/spawn areas.Explain findings:
❑Other environmentally-sensitive species. Explain findings:
❑Aquatic/wildlife diversity. Explain findings:
2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW
(i) Physical Characteristics:
(a) General Wetland Characteristics:
Properties:
Wetland size:acres
Wetland type. Explain: .
Wetland quality. Explain:.
Project wetlands cross or serve as state boundaries.Explain:
(b) General Flow Relationship with Non-TNW:
Flow is:Pick List.Explain:Wetland surface water releases at higher rain events. Wetlands flow into the culvert and
then into the tributary.
Surface flow is:Pick List
Characteristics:
Subsurface flow:Pick List. Explain findings:
❑Dye(or other)test performed:
(c) Wetland Adjacency Determination with Non-TNW:
❑Directly abutting
❑Not directly abutting
❑ Discrete wetland hydrologic connection. Explain:
❑ Ecological connection. Explain:
❑ Separated by berm/barrier. Explain:
(d) Proximity(Relationship)to TNW
Project wetlands are Pick List river miles from TNW.
Project waters are Pick List aerial(straight)miles from TNW.
Flow is from:Pick List.
Estimate approximate location of wetland as within the Pick Lists floodplain.
(ii) Chemical Characteristics:
Characterize wetland system(e.g.,water color is clear,brown,oil film on surface;water quality;general watershed
characteristics;etc.). Explain:
Identify specific pollutants,if known:
(iii)Biological Characteristics. Wetland supports(check all that apply):
❑ Riparian buffer. Characteristics(type,average width):
❑ Vegetation type/percent cover. Explain:Forested/100%cover.
❑ Habitat for:
❑Federally Listed species. Explain findings:
❑Fish/spawn areas.Explain findings:
❑Other environmentally-sensitive species. Explain findings:
❑Aquatic/wildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary(if any)
All wetland(s)being considered in the cumulative analysis:Pick List
Approximately( )acres in total are being considered in the cumulative analysis.

For each wetland,specify the following:
Directly abuts?(Y/N) Size(in acres) Directly abuts?(Y/N) Size(in acres)
Summarize overall biological,chemical and physical functions being performed:
C. SIGNIFICANT NEXUS DETERMINATION
A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed
by any wetlands adjacent to the tributary to determine if they significantly affect the chemical,physical,and biological integrity
of a TNW. For each of the following situations,a significant nexus exists if the tributary,in combination with all of its adjacent
wetlands,has more than a speculative or insubstantial effect on the chemical,physical and/or biological integrity of a TNW.
Considerations when evaluating significant nexus include,but are not limited to the volume,duration,and frequency of the flow
of water in the tributary and its proximity to a TNW,and the functions performed by the tributary and all its adjacent
wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance(e.g.between a
tributary and its adjacent wetland or between a tributary and the TNW).Similarly,the fact an adjacent wetland lies within or
outside of a floodplain is not solely determinative of significant nexus.
Draw connections between the features documented and the effects on the TNW,as identified in the Rapanos Guidance and
discussed in the Instructional Guidebook.Factors to consider include,for example:
• Does the tributary,in combination with its adjacent wetlands(if any),have the capacity to carry pollutants or flood waters to
TNWs,or to reduce the amount of pollutants or flood waters reaching a TNW?
• Does the tributary,in combination with its adjacent wetlands(if any),provide habitat and lifecycle support functions for fish and
other species,such as feeding,nesting,spawning,or rearing young for species that are present in the TNW?
• Does the tributary,in combination with its adjacent wetlands(if any),have the capacity to transfer nutrients and organic carbon that
support downstream foodwebs?
• Does the tributary,in combination with its adjacent wetlands(if any),have other relationships to the physical,chemical,or
biological integrity of the TNW?
Note:the above list of considerations is not inclusive and other functions observed or known to occur should be documented
below:
1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain
findings of presence or absence of significant nexus below,based on the tributary itself,then go to Section III.D:
2. Significant nexus findings for non-RPW and its adjacent wetlands,where the non-RPW flows directly or indirectly into
TNWs. Explain findings of presence or absence of significant nexus below,based on the tributary in combination with all of its
adjacent wetlands,then go to Section III.D:
3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW.Explain findings of
presence or absence of significant nexus below,based on the tributary in combination with all of its adjacent wetlands,then go to
Section IILD:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS.THE SUBJECT WATERS/WETLANDS ARE(CHECK ALL
THAT APPLY):
1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
❑TNWs: linear feet width(ft),Or, acres.
❑Wetlands adjacent to TNWs: acres.
2. RPWs that flow directly or indirectly into TNWs.
❑ Tributaries of TNWs where tributaries typically flow year-round are jurisdictional.Provide data and rationale indicating that
tributary is perennial:
® Tributaries of TNW where tributaries have continuous flow"seasonally"(e.g.,typically three months each year)are
jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows
seasonally:An NCDWQ Stream Identification Form was completed for Stream 4(S4,Figure 5,Sheet 2)and is included in
Attachment B.The stream scored as a intermittent.

Provide estimates for jurisdictional waters in the review area(check all that apply):
® Tributary waters:Stream 4(S4)- 360 linear feet 2-3 width(ft).
❑ Other non-wetland waters: acres.
Identify type(s)of waters:
3. Non-RPWss that flow directly or indirectly into TNWs.
❑ Waterbody that is not a TNW or an RPW,but flows directly or indirectly into a TNW,and it has a significant nexus with a
TNW is jurisdictional.Data supporting this conclusion is provided at Section III.C.
Provide estimates for jurisdictional waters within the review area(check all that apply):
❑ Tributary waters: linear feet width(ft).
❑ Other non-wetland waters: acres.
Identify type(s)of waters:
4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
❑ Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands.
❑ Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale
indicating that tributary is perennial in Section III.D.2,above.Provide rationale indicating that wetland is
directly abutting an RPW:
El Wetlands directly abutting an RPW where tributaries typically flow"seasonally." Provide data indicating that tributary is
seasonal in Section III.13 and rationale in Section III.D.2,above.Provide rationale indicating that wetland is directly
abutting an RPW:
Provide acreage estimates for jurisdictional wetlands in the review area: 10.21 acres.
5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs.
❑ Wetlands that do not directly abut an RPW,but when considered in combination with the tributary to which they are adjacent
and with similarly situated adjacent wetlands,have a significant nexus with a TNW are jurisidictional.Data supporting this
conclusion is provided at Section III.C.
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
❑ Wetlands adjacent to such waters,and have when considered in combination with the tributary to which they are adjacent and
with similarly situated adjacent wetlands,have a significant nexus with a TNW are jurisdictional.Data supporting this
conclusion is provided at Section III.C.
Provide estimates for jurisdictional wetlands in the review area: acres.
7. Impoundments of jurisdictional waters.9
As a general rule,the impoundment of a jurisdictional tributary remains jurisdictional.
❑ Demonstrate that impoundment was created from"waters of the U.S.,"or
❑ Demonstrate that water meets the criteria for one of the categories presented above(1-6),or
❑ Demonstrate that water is isolated with a nexus to commerce(see E below).
E. ISOLATED[INTERSTATE OR INTRA-STATE]WATERS,INCLUDING ISOLATED WETLANDS,THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE,INCLUDING ANY
SUCH WATERS(CHECK ALL THAT APPLY):"
❑ which are or could be used by interstate or foreign travelers for recreational or other purposes.
❑ from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
❑ which are or could be used for industrial purposes by industries in interstate commerce.
❑ Interstate isolated waters. Explain:
® Other factors. Explain:See summary discussion below.
'See Footnote#3.
'To complete the analysis refer to the key in Section III.D.6 of the histructional Guidebook.
10 Prior to asserting or declining CWA jurisdiction based solely on this category,Corps Districts will elevate the action to Corps and EPA HQ for
review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos.

Identify water body and summarize rationale supporting determination:Wetland 9(Figure 5,Sheet 1)displays no surface or
subsurface hydrological connection to other potentially jurisdictional features. Wetland 9 is confined between the project boundary to
the north and and a public trail network to the south.Development outside of the project boundary may have altered the wetland's
hydrological connection.
Provide estimates for jurisdictional waters in the review area(check all that apply):
❑ Tributary waters: linear feet width(ft).
❑ Other non-wetland waters: acres.
Identify type(s)of waters:
® Wetlands:Wetland 9(W9)-0.16 acres.
F. NON-JURISDICTIONAL WATERS,INCLUDING WETLANDS(CHECK ALL THAT APPLY):
❑ If potential wetlands were assessed within the review area,these areas did not meet the criteria in the 1987 Corps of Engineers
Wetland Delineation Manual and/or appropriate Regional Supplements.
❑ Review area included isolated waters with no substantial nexus to interstate(or foreign)commerce.
❑ Prior to the Jan 2001 Supreme Court decision in"SWANCC,"the review area would have been regulated based solely on the
"Migratory Bird Rule"(MBR).
❑ Waters do not meet the"Significant Nexus"standard,where such a finding is required for jurisdiction. Explain:
® Other:(explain,if not covered above):There are five mining pits dug exclusively in upland areas with no connection to
jurisdictional waters downstream.These five mining pits are outlined in purple on the referenced stream and wetland delineation
map(Figure 5).
Provide acreage estimates for non jurisdictional waters in the review area,where the sole potential basis of jurisdiction is the MBR
factors(i.e.,presence of migratory birds,presence of endangered species,use of water for irrigated agriculture),using best professional
judgment(check all that apply):
❑ Non-wetland waters(i.e.,rivers,streams): linear feet width(ft).
❑ Lakes/ponds: acres.
® Other non-wetland waters:Mining Pits-43.72 acres.List type of aquatic resource:
❑ Wetlands: acres.
Provide acreage estimates for non jurisdictional waters in the review area that do not meet the"Significant Nexus"standard,where such
a finding is required for jurisdiction(check all that apply):
❑ Non-wetland waters(i.e.,rivers,streams): linear feet, width(ft).
❑ Lakes/ponds: acres.
❑ Other non-wetland waters: acres. List type of aquatic resource:
❑ Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD(check all that apply-checked items shall be included in case file and,where checked
and requested,appropriately reference sources below):
® Maps,plans,plots or plat submitted by or on behalf of the applicant/consultant:
® Data sheets prepared/submitted by or on behalf of the applicant/consultant.
®Office concurs with data sheets/delineation report.
❑Office does not concur with data sheets/delineation report.
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
❑ U.S.Geological Survey Hydrologic Atlas:
❑USGS NHD data.
❑USGS 8 and 12 digit HUC maps.
® U.S.Geological Survey map(s).Cite scale&quad name:1:24k;Kings Mountain Quad.
® USDA Natural Resources Conservation Service Soil Survey.Citation:NRCS Web Soil Survey.
❑ National wetlands inventory map(s). Cite name:
❑ State/Local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
® Photographs: ®Aerial(Name&Date):NCCGIA 2015.
or❑Other(Name&Date):Site photographs.
❑ Previous determination(s). File no.and date of response letter:
❑ Applicable/supporting case law:
❑ Applicable/supporting scientific literature:

Other information(please specify): .
B. ADDITIONAL COMMENTS TO SUPPORT JD:This JD applies to 5 man-made mining pits,Stream 4(S4),and Wetland 9(W9).

APPROVED JURISDICTIONAL DETERMINATION FORM
U.S.Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
SECTION I: BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION(JD):5/29/2018
B. DISTRICT OFFICE,FILE NAME,AND NUMBER:CESAW-RG-C,Albemarle Lithium Mine AJD,SAW-2018-00616
C. PROJECT LOCATION AND BACKGROUND INFORMATION:The review area is located 0.485 miles southeast of the
intersection of Beta Place and Parkgrace Road.PINS: 12852, 11661,58234,62000, 12849,47136, 12637, 12804, 12766,and 12610.
State:NC County/parish/borough:Cleveland City:Kings Mountain
Center coordinates of site(lat/long in degree decimal format): Lat.35.217314'N,Long.-81.345451'�.
Universal Transverse Mercator:
Name of nearest waterbody:Kings Creek
Name of nearest Traditional Navigable Water(TNW)into which the aquatic resource flows:Broad River
Name of watershed or Hydrologic Unit Code(HUC):Broad/03050105
® Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request.
❑ Check if other sites(e.g.,offsite mitigation sites,disposal sites,etc...)are associated with this action and are recorded on a
different JD form.
D. REVIEW PERFORMED FOR SITE EVALUATION(CHECK ALL THAT APPLY):
❑ Office(Desk)Determination. Date:
® Field Determination. Date(s):05/03/2018
SECTION II: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There Are no "navigable waters of the U.S."within Rivers and Harbors Act(RHA)jurisdiction(as defined by 33 CFR part 329)in the
review area. [Required]
❑ Waters subject to the ebb and flow of the tide.
❑ Waters are presently used,or have been used in the past,or may be susceptible for use to transport interstate or foreign commerce.
Explain:
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
There Are"waters of the U.S."within Clean Water Act(CWA)jurisdiction(as defined by 33 CFR part 328)in the review area.[Required]
1. Waters of the U.S.
a. Indicate presence of waters of U.S.in review area(check all that apply):1
❑ TNWs,including territorial seas
❑ Wetlands adjacent to TNWs
® Relatively permanent waters'(RPWs)that flow directly or indirectly into TNWs
❑ Non-RPWs that flow directly or indirectly into TNWs
® Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
❑ Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
❑ Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs
❑ Impoundments of jurisdictional waters
❑ Isolated(interstate or intrastate)waters,including isolated wetlands
b. Identify(estimate)size of waters of the U.S.in the review area:
Non-wetland waters: 581(Stream)linear feet:2-5 width(ft)and/or (Open Water)acres.
Wetlands:0.117 acres.
c.Limits(boundaries)of jurisdiction based on:Established by OHWM.
Elevation of established OHWM(if known):
2. Non-regulated waters/wetlands(check if applicable):3
❑ Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional.
Explain:
Boxes checked below shall be supported by completing the appropriate sections in Section III below.
z For purposes of this form,an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least"seasonally"
(e.g.,typically 3 months).
s Supporting documentation is presented in Section HIT.

SECTION III: CWA ANALYSIS
A. TNWs AND WETLANDS ADJACENT TO TNWs
The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW,complete
Section III.A.1 and Section III.D.1.only;if the aquatic resource is a wetland adjacent to a TNW,complete Sections HLA.1 and 2
and Section III.D.1.;otherwise,see Section III.B below.
1. TNW
Identify TNW: .
Summarize rationale supporting determination:
2. Wetland adjacent to TNW
Summarize rationale supporting conclusion that wetland is"adjacent':
B. CHARACTERISTICS OF TRIBUTARY(THAT IS NOT A TNW)AND ITS ADJACENT WETLANDS(IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands,if any,and it helps
determine whether or not the standards for jurisdiction established under Rapanos have been met.
The agencies will assert jurisdiction over non-navigable tributaries of TNWs where the tributaries are"relatively permanent
waters"(RPWs),i.e.tributaries that typically flow year-round or have continuous flow at least seasonally(e.g.,typically 3
months).A wetland that directly abuts an RPW is also jurisdictional.If the aquatic resource is not a TNW,but has year-round
(perennial)flow,skip to Section III.D.2.If the aquatic resource is a wetland directly abutting a tributary with perennial flow,
skip to Section III.D.4.
A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation.Corps districts and
EPA regions will include in the record any available information that documents the existence of a significant nexus between a
relatively permanent tributary that is not perennial(and its adjacent wetlands if any)and a traditional navigable water,even
though a significant nexus finding is not required as a matter of law.
If the waterbody4 is not an RPW,or a wetland directly abutting an RPW,a JD will require additional data to determine if the
waterbody has a significant nexus with a TNW.If the tributary has adjacent wetlands,the significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands.This significant nexus evaluation that combines,for
analytical purposes,the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is
the tributary,or its adjacent wetlands,or both.If the JD covers a tributary with adjacent wetlands,complete Section III.B.1 for
the tributary,Section III.B.2 for any onsite wetlands,and Section III.B.3 for all wetlands adjacent to that tributary,both onsite
and offsite.The determination whether a significant nexus exists is determined in Section III.0 below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: Pick List
Drainage area: Pick List
Average annual rainfall: inches
Average annual snowfall: inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
❑Tributary flows directly into TNW.
❑Tributary flows throughPick List tributaries before entering TNW.
Project waters are Pick List river miles from TNW.
Project waters are Pick List river miles from RPW.
Project waters are Pick List aerial(straight)miles from TNW.
Project waters are Pick List aerial(straight)miles from RPW.
Project waters cross or serve as state boundaries.Explain:
Identify flow route to TNW5:Kings Creek to Jumping Branch,Jumping Branch to Broad River.
'Note that the Instructional Guidebook contains additional information regarding swales,ditches,washes,and erosional features generally and in the and
West.
s Flow route can be described by identifying,e.g.,tributary a,which flows through the review area,to flow into tributary b,which then flows into TNW.

Tributary stream order,if known:
(b) General Tributary Characteristics(check all that Uply):
Tributary is: ❑Natural
❑Artificial(man-made). Explain:
❑Manipulated (man-altered). Explain:
Tributary properties with respect to top of bank(estimate):
Average width:5-20 feet
Average depth:2-10 feet
Average side slopes:Pick List.
Primary tributary substrate composition(check all that apply):
❑ Silts ❑ Sands ❑Concrete
❑Cobbles ❑Gravel ❑Muck
❑Bedrock ❑Vegetation. Type/%cover:
❑Other.Explain:
Tributary condition/stability[e.g.,highly eroding,sloughing banks]. Explain:
Presence of run/riffle/pool complexes. Explain:
Tributary geometry:Pick List
Tributary gradient(approximate average slope): %
(c) Flow:
Tributary provides for:Pick List
Estimate average number of flow events in review area/year:
Describe flow regime:
Other information on duration and volume:
Surface flow is:Pick List. Characteristics:
Subsurface flow:Pick List. Explain findings:
❑Dye(or other)test performed:
Tributary has(check all that apply):
❑Bed and banks
❑OHWM6(check all indicators that apply):
❑ clear,natural line impressed on the bank ❑ the presence of litter and debris
❑ changes in the character of soil ❑ destruction of terrestrial vegetation
❑ shelving ❑ the presence of wrack line
❑ vegetation matted down,bent,or absent ❑ sediment sorting
❑ leaf litter disturbed or washed away ❑ scour
❑ sediment deposition ❑ multiple observed or predicted flow events
❑ water staining ❑ abrupt change in plant community
❑ other(list):
❑Discontinuous OHWM.1 Explain:
If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction(check all that apply):
❑ High Tide Line indicated by: ❑ Mean High Water Mark indicated by:
❑ oil or scum line along shore objects ❑ survey to available datum;
❑ fine shell or debris deposits(foreshore) ❑physical markings;
❑ physical markings/characteristics ❑vegetation lines/changes in vegetation types.
❑ tidal gauges
❑ other(list):
(iii) Chemical Characteristics:
Characterize tributary(e.g.,water color is clear,discolored,oily film;water quality;general watershed characteristics,etc.).
Explain:
Identify specific pollutants,if known:
6A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction(e.g.,where the stream temporarily flows underground,or where
the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow
regime(e.g.,flow over a rock outcrop or through a culvert),the agencies will look for indicators of flow above and below the break.
'Ibid.

(iv) Biological Characteristics. Channel supports(check all that apply):
❑ Riparian corridor. Characteristics(type,average width):
❑ Wetland fringe. Characteristics:
❑ Habitat for:
❑Federally Listed species. Explain findings:
❑Fish/spawn areas.Explain findings:
❑Other environmentally-sensitive species. Explain findings:
❑Aquatic/wildlife diversity. Explain findings:
2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW
(i) Physical Characteristics:
(a) General Wetland Characteristics:
Properties:
Wetland size:acres
Wetland type. Explain: .
Wetland quality. Explain:.
Project wetlands cross or serve as state boundaries.Explain:
(b) General Flow Relationship with Non-TNW:
Flow is:Pick List.Explain:Wetland surface water releases at higher rain events. Wetlands flow into the culvert and
then into the tributary.
Surface flow is:Pick List
Characteristics:
Subsurface flow:Pick List. Explain findings:
❑Dye(or other)test performed:
(c) Wetland Adjacency Determination with Non-TNW:
❑Directly abutting
❑Not directly abutting
❑ Discrete wetland hydrologic connection. Explain:
❑ Ecological connection. Explain:
❑ Separated by berm/barrier. Explain:
(d) Proximity(Relationship)to TNW
Project wetlands are Pick List river miles from TNW.
Project waters are Pick List aerial(straight)miles from TNW.
Flow is from:Pick List.
Estimate approximate location of wetland as within the Pick Lists floodplain.
(ii) Chemical Characteristics:
Characterize wetland system(e.g.,water color is clear,brown,oil film on surface;water quality;general watershed
characteristics;etc.). Explain:
Identify specific pollutants,if known:
(iii)Biological Characteristics. Wetland supports(check all that apply):
❑ Riparian buffer. Characteristics(type,average width):
❑ Vegetation type/percent cover. Explain:Forested/100%cover.
❑ Habitat for:
❑Federally Listed species. Explain findings:
❑Fish/spawn areas.Explain findings:
❑Other environmentally-sensitive species. Explain findings:
❑Aquatic/wildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary(if any)
All wetland(s)being considered in the cumulative analysis:Pick List
Approximately( )acres in total are being considered in the cumulative analysis.

For each wetland,specify the following:
Directly abuts?(Y/N) Size(in acres) Directly abuts?(Y/N) Size(in acres)
Summarize overall biological,chemical and physical functions being performed:
C. SIGNIFICANT NEXUS DETERMINATION
A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed
by any wetlands adjacent to the tributary to determine if they significantly affect the chemical,physical,and biological integrity
of a TNW. For each of the following situations,a significant nexus exists if the tributary,in combination with all of its adjacent
wetlands,has more than a speculative or insubstantial effect on the chemical,physical and/or biological integrity of a TNW.
Considerations when evaluating significant nexus include,but are not limited to the volume,duration,and frequency of the flow
of water in the tributary and its proximity to a TNW,and the functions performed by the tributary and all its adjacent
wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance(e.g.between a
tributary and its adjacent wetland or between a tributary and the TNW).Similarly,the fact an adjacent wetland lies within or
outside of a floodplain is not solely determinative of significant nexus.
Draw connections between the features documented and the effects on the TNW,as identified in the Rapanos Guidance and
discussed in the Instructional Guidebook.Factors to consider include,for example:
• Does the tributary,in combination with its adjacent wetlands(if any),have the capacity to carry pollutants or flood waters to
TNWs,or to reduce the amount of pollutants or flood waters reaching a TNW?
• Does the tributary,in combination with its adjacent wetlands(if any),provide habitat and lifecycle support functions for fish and
other species,such as feeding,nesting,spawning,or rearing young for species that are present in the TNW?
• Does the tributary,in combination with its adjacent wetlands(if any),have the capacity to transfer nutrients and organic carbon that
support downstream foodwebs?
• Does the tributary,in combination with its adjacent wetlands(if any),have other relationships to the physical,chemical,or
biological integrity of the TNW?
Note:the above list of considerations is not inclusive and other functions observed or known to occur should be documented
below:
1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain
findings of presence or absence of significant nexus below,based on the tributary itself,then go to Section III.D:
2. Significant nexus findings for non-RPW and its adjacent wetlands,where the non-RPW flows directly or indirectly into
TNWs. Explain findings of presence or absence of significant nexus below,based on the tributary in combination with all of its
adjacent wetlands,then go to Section III.D:
3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW.Explain findings of
presence or absence of significant nexus below,based on the tributary in combination with all of its adjacent wetlands,then go to
Section IILD:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS.THE SUBJECT WATERS/WETLANDS ARE(CHECK ALL
THAT APPLY):
1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
❑TNWs: linear feet width(ft),Or, acres.
❑Wetlands adjacent to TNWs: acres.
2. RPWs that flow directly or indirectly into TNWs.
® Tributaries of TNWs where tributaries typically flow year-round are jurisdictional.Provide data and rationale indicating that
tributary is perennial:Continuous bed and bank,presence of base flow without precipitation.
❑ Tributaries of TNW where tributaries have continuous flow"seasonally"(e.g.,typically three months each year)are
jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows
seasonally:

Provide estimates for jurisdictional waters in the review area(check all that apply):
® Tributary waters:Stream 1(Sl)and Stream 2(S2)-581 linear feet 2-5 width(ft).
❑ Other non-wetland waters: acres.
Identify type(s)of waters:
3. Non-RPWss that flow directly or indirectly into TNWs.
❑ Waterbody that is not a TNW or an RPW,but flows directly or indirectly into a TNW,and it has a significant nexus with a
TNW is jurisdictional.Data supporting this conclusion is provided at Section III.C.
Provide estimates for jurisdictional waters within the review area(check all that apply):
❑ Tributary waters: linear feet width(ft).
❑ Other non-wetland waters: acres.
Identify type(s)of waters:
4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
® Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands.
® Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale
indicating that tributary is perennial in Section III.D.2,above.Provide rationale indicating that wetland is
directly abutting an RPW:Wetlands discharge directly into channel.
❑ Wetlands directly abutting an RPW where tributaries typically flow"seasonally." Provide data indicating that tributary is
seasonal in Section III.B and rationale in Section III.D.2,above.Provide rationale indicating that wetland is directly
abutting an RPW:
Provide acreage estimates for jurisdictional wetlands in the review area:Wetland 1 (WI),Wetland 2(W2),and Wetland 3(W3)
-0.117 acres.
5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs.
❑ Wetlands that do not directly abut an RPW,but when considered in combination with the tributary to which they are adjacent
and with similarly situated adjacent wetlands,have a significant nexus with a TNW are jurisidictional.Data supporting this
conclusion is provided at Section III.C.
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
❑ Wetlands adjacent to such waters,and have when considered in combination with the tributary to which they are adjacent and
with similarly situated adjacent wetlands,have a significant nexus with a TNW are jurisdictional.Data supporting this
conclusion is provided at Section III.C.
Provide estimates for jurisdictional wetlands in the review area: acres.
7. Impoundments of jurisdictional waters.9
As a general rule,the impoundment of a jurisdictional tributary remains jurisdictional.
❑ Demonstrate that impoundment was created from"waters of the U.S.,"or
❑ Demonstrate that water meets the criteria for one of the categories presented above(1-6),or
❑ Demonstrate that water is isolated with a nexus to commerce(see E below).
E. ISOLATED[INTERSTATE OR INTRA-STATE]WATERS,INCLUDING ISOLATED WETLANDS,THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE,INCLUDING ANY
SUCH WATERS(CHECK ALL THAT APPLY):"
❑ which are or could be used by interstate or foreign travelers for recreational or other purposes.
❑ from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
❑ which are or could be used for industrial purposes by industries in interstate commerce.
❑ Interstate isolated waters. Explain:
❑ Other factors. Explain:
'See Footnote#3.
'To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook.
10 Prior to asserting or declining CWA jurisdiction based solely on this category,Corps Districts will elevate the action to Corps and EPA HQ for
review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos.

Identify water body and summarize rationale supporting determination:Wetland 9(Figure 5,Sheet 1)displays no surface or
subsurface hydrological connection to other potentially jurisdictional features. Wetland 9 is confined between the project boundary to
the north and and a public trail network to the south.Development outside of the project boundary may have altered the wetland's
hydrological connection.
Provide estimates for jurisdictional waters in the review area(check all that apply):
❑ Tributary waters: linear feet width(ft).
❑ Other non-wetland waters: acres.
Identify type(s)of waters:
❑ Wetlands:acres.
F. NON-JURISDICTIONAL WATERS,INCLUDING WETLANDS(CHECK ALL THAT APPLY):
❑ If potential wetlands were assessed within the review area,these areas did not meet the criteria in the 1987 Corps of Engineers
Wetland Delineation Manual and/or appropriate Regional Supplements.
❑ Review area included isolated waters with no substantial nexus to interstate(or foreign)commerce.
❑ Prior to the Jan 2001 Supreme Court decision in"SWANCC,"the review area would have been regulated based solely on the
"Migratory Bird Rule"(MBR).
Ll Waters do not meet the"Significant Nexus"standard,where such a finding is required for jurisdiction. Explain:
Q Other:(explain,if not covered above):
Provide acreage estimates for non jurisdictional waters in the review area,where the sole potential basis of jurisdiction is the MBR
factors(i.e.,presence of migratory birds,presence of endangered species,use of water for irrigated agriculture),using best professional
udgment(check all that apply):
Non-wetland waters(i.e.,rivers,streams): linear feet width(ft).
❑ Lakes/ponds: acres.
❑ Other non-wetland waters: acres.List type of aquatic resource:
❑ Wetlands: acres.
Provide acreage estimates for non jurisdictional waters in the review area that do not meet the"Significant Nexus"standard,where such
a finding is required for jurisdiction(check all that apply):
❑ Non-wetland waters(i.e.,rivers,streams): linear feet, width(ft).
❑ Lakes/ponds: acres.
❑ Other non-wetland waters: acres. List type of aquatic resource:
❑ Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD(check all that apply-checked items shall be included in case file and,where checked
and requested,appropriately reference sources below):
' Maps,plans,plots or plat submitted by or on behalf of the applicant/consultant:
Data sheets prepared/submitted by or on behalf of the applicant/consultant.
®Office concurs with data sheets/delineation report.
❑Office does not concur with data sheets/delineation report.
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
❑ U.S.Geological Survey Hydrologic Atlas:
❑USGS NHD data.
❑USGS 8 and 12 digit HUC maps.
® U.S.Geological Survey map(s).Cite scale&quad name:1:24k;Kings Mountain Quad.
® USDA Natural Resources Conservation Service Soil Survey.Citation:NRCS Web Soil Survey.
❑ National wetlands inventory map(s). Cite name:
❑ State/Local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
® Photographs: ®Aerial(Name&Date):NCCGIA 2015.
or❑Other(Name&Date):Site photographs.
❑ Previous determination(s). File no.and date of response letter:
❑ Applicable/supporting case law:
❑ Applicable/supporting scientific literature:
❑ Other information(please specify): .

B. ADDITIONAL COMMENTS TO SUPPORT JD:This JD form applies to Stream 1 (S1),Stream 2(S2),Wetland 1 (Wl),Wetland 2
(W2),and Wetland 3(W3).

APPROVED JURISDICTIONAL DETERMINATION FORM
U.S.Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
SECTION I: BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION(JD):05/29/2018
B. DISTRICT OFFICE,FILE NAME,AND NUMBER:CESAW-RG-C,Albemarle Lithium Mine AJD,SAW-2018-00616
C. PROJECT LOCATION AND BACKGROUND INFORMATION:The review area is located 0.485 miles southeast of the
intersection of Beta Place and Parkgrace Road.PINS: 12852, 11661,58234,62000, 12849,47136, 12637, 12804, 12766,and 12610.
State:NC County/parish/borough:Cleveland City:Kings Mountain
Center coordinates of site(lat/long in degree decimal format): Lat.35.218236'N,Long.--81.350685°W.
Universal Transverse Mercator:
Name of nearest waterbody:Kings Creek
Name of nearest Traditional Navigable Water(TNW)into which the aquatic resource flows:Broad River
Name of watershed or Hydrologic Unit Code(HUC):Broad/03050105
® Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request.
❑ Check if other sites(e.g.,offsite mitigation sites,disposal sites,etc...)are associated with this action and are recorded on a
different JD form.
D. REVIEW PERFORMED FOR SITE EVALUATION(CHECK ALL THAT APPLY):
❑ Office(Desk)Determination. Date:
® Field Determination. Date(s):05/03/2018
SECTION II: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There Are no "navigable waters of the U.S."within Rivers and Harbors Act(RHA)jurisdiction(as defined by 33 CFR part 329)in the
review area. [Required]
❑ Waters subject to the ebb and flow of the tide.
❑ Waters are presently used,or have been used in the past,or may be susceptible for use to transport interstate or foreign commerce.
Explain:
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
There Are"waters of the U.S."within Clean Water Act(CWA)jurisdiction(as defined by 33 CFR part 328)in the review area.[Required]
1. Waters of the U.S.
a. Indicate presence of waters of U.S.in review area(check all that apply):1
❑ TNWs,including territorial seas
❑ Wetlands adjacent to TNWs
® Relatively permanent waters'(RPWs)that flow directly or indirectly into TNWs
❑ Non-RPWs that flow directly or indirectly into TNWs
® Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
® Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
❑ Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs
❑ Impoundments of jurisdictional waters
❑ Isolated(interstate or intrastate)waters,including isolated wetlands
b. Identify(estimate)size of waters of the U.S.in the review area:
Non-wetland waters: 5,191 (Stream)linear feet:2-20 width(ft)and/or (Open Water)acres.
Wetlands:0.933 acres.
c.Limits(boundaries)of jurisdiction based on:Established by OHWM.
Elevation of established OHWM(if known):
2. Non-regulated waters/wetlands(check if applicable):3
❑ Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional.
Explain:
Boxes checked below shall be supported by completing the appropriate sections in Section III below.
2 For purposes of this form,an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least"seasonally"
(e.g.,typically 3 months).
s Supporting documentation is presented in Section III.F.

SECTION III: CWA ANALYSIS
A. TNWs AND WETLANDS ADJACENT TO TNWs
The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW,complete
Section III.A.1 and Section III.D.1.only;if the aquatic resource is a wetland adjacent to a TNW,complete Sections HLA.1 and 2
and Section III.D.1.;otherwise,see Section III.B below.
1. TNW
Identify TNW: .
Summarize rationale supporting determination:
2. Wetland adjacent to TNW
Summarize rationale supporting conclusion that wetland is"adjacent':
B. CHARACTERISTICS OF TRIBUTARY(THAT IS NOT A TNW)AND ITS ADJACENT WETLANDS(IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands,if any,and it helps
determine whether or not the standards for jurisdiction established under Rapanos have been met.
The agencies will assert jurisdiction over non-navigable tributaries of TNWs where the tributaries are"relatively permanent
waters"(RPWs),i.e.tributaries that typically flow year-round or have continuous flow at least seasonally(e.g.,typically 3
months).A wetland that directly abuts an RPW is also jurisdictional.If the aquatic resource is not a TNW,but has year-round
(perennial)flow,skip to Section III.D.2.If the aquatic resource is a wetland directly abutting a tributary with perennial flow,
skip to Section III.D.4.
A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation.Corps districts and
EPA regions will include in the record any available information that documents the existence of a significant nexus between a
relatively permanent tributary that is not perennial(and its adjacent wetlands if any)and a traditional navigable water,even
though a significant nexus finding is not required as a matter of law.
If the waterbody4 is not an RPW,or a wetland directly abutting an RPW,a JD will require additional data to determine if the
waterbody has a significant nexus with a TNW.If the tributary has adjacent wetlands,the significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands.This significant nexus evaluation that combines,for
analytical purposes,the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is
the tributary,or its adjacent wetlands,or both.If the JD covers a tributary with adjacent wetlands,complete Section III.B.1 for
the tributary,Section III.B.2 for any onsite wetlands,and Section III.B.3 for all wetlands adjacent to that tributary,both onsite
and offsite.The determination whether a significant nexus exists is determined in Section III.0 below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size:3.02 square miles
Drainage area:0.80 square miles
Average annual rainfall:49 inches
Average annual snowfall:4 inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
❑Tributary flows directly into TNW.
®Tributary flows through 2 tributaries before entering TNW.
Project waters are 20-25 river miles from TNW.
Project waters are 1(or less)river miles from RPW.
Project waters are 15-20 aerial(straight)miles from TNW.
Project waters are 1(or less)aerial(straight)miles from RPW.
Project waters cross or serve as state boundaries.Explain:N/A.
Identify flow route to TNW5:Kings Creek to Jumping Branch,Jumping Branch to Broad River.
'Note that the Instructional Guidebook contains additional information regarding swales,ditches,washes,and erosional features generally and in the and
West.
s Flow route can be described by identifying,e.g.,tributary a,which flows through the review area,to flow into tributary b,which then flows into TNW.

Tributary stream order,if known:
(b) General Tributary Characteristics(check all that apply):
Tributary is: ®Natural
❑Artificial(man-made). Explain:
❑Manipulated (man-altered). Explain:
Tributary properties with respect to top of bank(estimate):
Average width:2-20 feet
Average depth:2-10 feet
Average side slopes:W1.
Primary tributary substrate composition(check all that apply):
❑ Silts ® Sands ❑Concrete
®Cobbles ®Gravel ❑Muck
®Bedrock ❑Vegetation. Type/%cover:
❑Other.Explain:
Tributary condition/stability[e.g.,highly eroding,sloughing banks]. Explain:Moderate erosion/undercut banks on S3.
Presence of run/riffle/pool complexes. Explain:Run/riffle/pool complexes present and substrate intact.
Tributary geometry:Relatively straight
Tributary gradient(approximate average slope):Approximately 14%
(c) Flow:
Tributary provides for:Seasonal flow
Estimate average number of flow events in review area/year:20(or greater)
Describe flow regime:
Other information on duration and volume:Perennial stream.
Surface flow is:Confined. Characteristics:Flow is confined by steep left/right streambanks.
Subsurface flow:Unknown. Explain findings:
❑Dye(or other)test performed:
Tributary has(check all that apply):
®Bed and banks
®OHWM6(check all indicators that apply):
❑ clear,natural line impressed on the bank ® the presence of litter and debris
® changes in the character of soil ❑ destruction of terrestrial vegetation
❑ shelving ® the presence of wrack line
® vegetation matted down,bent,or absent ® sediment sorting
❑ leaf litter disturbed or washed away ® scour
® sediment deposition ® multiple observed or predicted flow events
❑ water staining ❑ abrupt change in plant community
❑ other(list):
❑Discontinuous OHWM.1 Explain:
If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction(check all that apply):
❑ High Tide Line indicated by: ® Mean High Water Mark indicated by:
❑ oil or scum line along shore objects ❑ survey to available datum;
❑ fine shell or debris deposits(foreshore) ®physical markings;
❑ physical markings/characteristics ®vegetation lines/changes in vegetation types.
❑ tidal gauges
❑ other(list):
(iii) Chemical Characteristics:
Characterize tributary(e.g.,water color is clear,discolored,oily film;water quality;general watershed characteristics,etc.).
Explain:Water color is clear. Land use in the watershed is primarily industrial and commercial.
Identify specific pollutants,if known:N/A.
6A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction(e.g.,where the stream temporarily flows underground,or where
the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow
regime(e.g.,flow over a rock outcrop or through a culvert),the agencies will look for indicators of flow above and below the break.
'lbid.

(iv) Biological Characteristics. Channel supports(check all that apply):
® Riparian corridor. Characteristics(type,average width):Riparian corridor extends from approximately 20-200 feet on
left and right streambanks.
❑ Wetland fringe. Characteristics:
❑ Habitat for:
❑Federally Listed species. Explain findings:
❑Fish/spawn areas.Explain findings:
❑Other environmentally-sensitive species. Explain findings:
❑Aquatic/wildlife diversity. Explain findings:
2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW
(i) Physical Characteristics:
(a) General Wetland Characteristics:
Properties:
Wetland size:W20-0.28 acres
Wetland type. Explain:PFO(forested)wetland.Vegetation is dominated by primarily by trees and shrubs rooted
within the wetland .
Wetland quality. Explain:Wetland has evidence of prior clearing activies,including presence of invasive species.
Project wetlands cross or serve as state boundaries.Explain:N/A.
(b) General Flow Relationship with Non-TNW:
Flow is:Intermittent flow.Explain:W20 primarily drains to S3 via a subsurface connection.However,wetland surface
water also releases during higher rain events and W20 occasionally drains to S3 via overland flow.
Surface flow is:Discrete
Characteristics: See above.
Subsurface flow:Yes. Explain findings:N/A.
❑Dye(or other)test performed:
(c) Wetland Adjacency Determination with Non-TNW:
❑Directly abutting
®Not directly abutting
® Discrete wetland hydrologic connection. Explain:W20 drains subsurfacely to S3 based on landscape position
and soil type.
® Ecological connection. Explain:wetland surface water also releases during higher rain events and W20
occasionally drains to S3 via overland flow.
❑ Separated by berm/barrier. Explain:
(d) Proximity(Relationship)to TNW
Project wetlands are 20-25 river miles from TNW.
Project waters are 15-20 aerial(straight)miles from TNW.
Flow is from:JVetland to navigable waters.
Estimate approximate location of wetland as within the 100-500-year floodplain.
(ii) Chemical Characteristics:
Characterize wetland system(e.g.,water color is clear,brown,oil film on surface;water quality;general watershed
characteristics;etc.). Explain:PFO wetland,reduced soils,oxidized rhizospheres on living roots.
Identify specific pollutants,if known:N/A.
(iii)Biological Characteristics. Wetland supports(check all that apply):
® Riparian buffer. Characteristics(type,average width):Average buffer width is 20-200 feet.
® Vegetation type/percent cover. Explain:Forested/100%cover.
❑ Habitat for:
❑Federally Listed species. Explain findings:
❑Fish/spawn areas.Explain findings:
❑Other environmentally-sensitive species. Explain findings:
❑Aquatic/wildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary(if any)
All wetland(s)being considered in the cumulative analysis: 1
Approximately(0.28)acres in total are being considered in the cumulative analysis.

For each wetland,specify the following:
Directly abuts?(Y/N) Size(in acres) Directly abuts?(Y/N) Size(in acres)
W20 N 0.28
Summarize overall biological,chemical and physical functions being performed: W20 is a forested wetland located
within the floodplain of S3.The wetland primarily drains to S3 via a subsurface connection.However,wetland surface water also
releases during higher rain events and W20 occasionally drains to S3 via overland flow.
C. SIGNIFICANT NEXUS DETERMINATION
A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed
by any wetlands adjacent to the tributary to determine if they significantly affect the chemical,physical,and biological integrity
of a TNW. For each of the following situations,a significant nexus exists if the tributary,in combination with all of its adjacent
wetlands,has more than a speculative or insubstantial effect on the chemical,physical and/or biological integrity of a TNW.
Considerations when evaluating significant nexus include,but are not limited to the volume,duration,and frequency of the flow
of water in the tributary and its proximity to a TNW,and the functions performed by the tributary and all its adjacent
wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance(e.g.between a
tributary and its adjacent wetland or between a tributary and the TNW).Similarly,the fact an adjacent wetland lies within or
outside of a floodplain is not solely determinative of significant nexus.
Draw connections between the features documented and the effects on the TNW,as identified in the Rapanos Guidance and
discussed in the Instructional Guidebook.Factors to consider include,for example:
• Does the tributary,in combination with its adjacent wetlands(if any),have the capacity to carry pollutants or flood waters to
TNWs,or to reduce the amount of pollutants or flood waters reaching a TNW?
• Does the tributary,in combination with its adjacent wetlands(if any),provide habitat and lifecycle support functions for fish and
other species,such as feeding,nesting,spawning,or rearing young for species that are present in the TNW?
• Does the tributary,in combination with its adjacent wetlands(if any),have the capacity to transfer nutrients and organic carbon that
support downstream foodwebs?
• Does the tributary,in combination with its adjacent wetlands(if any),have other relationships to the physical,chemical,or
biological integrity of the TNW?
Note:the above list of considerations is not inclusive and other functions observed or known to occur should be documented
below:
1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain
findings of presence or absence of significant nexus below,based on the tributary itself,then go to Section III.D:
2. Significant nexus findings for non-RPW and its adjacent wetlands,where the non-RPW flows directly or indirectly into
TNWs. Explain findings of presence or absence of significant nexus below,based on the tributary in combination with all of its
adjacent wetlands,then go to Section IILD:
3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW.Explain findings of
presence or absence of significant nexus below,based on the tributary in combination with all of its adjacent wetlands,then go to
Section III.D:Wetlands include:Wetland 20(W20)is adjacent to RPW Stream 3(S3). W20 shares a subsurface connection with
S3.During large rain events,W20 also drains via surface flow to S3.
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS.THE SUBJECT WATERS/WETLANDS ARE(CHECK ALL
THAT APPLY):
1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
9 TNWs: linear feet width(ft),Or, acres.
❑Wetlands adjacent to TNWs: acres.
2. RPWs that flow directly or indirectly into TNWs.
® Tributaries of TNWs where tributaries typically flow year-round are jurisdictional.Provide data and rationale indicating that
tributary is perennial:Continuous bed and bank,presence of base flow without precipitation.

Tributaries of TNW where tributaries have continuous flow"seasonally"(e.g.,typically three months each year)are
jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows
seasonally: .
Provide estimates for jurisdictional waters in the review area(check all that apply):
Tributary waters:Stream 3(S3),Stream 15(S15),and Stream 9(S9)-5,191 linear feet 2-20 width(ft).
Other non-wetland waters: acres.
Identify type(s)of waters:
3. Non-RPWss that flow directly or indirectly into TNWs.
Waterbody that is not a TNW or an RPW,but flows directly or indirectly into a TNW,and it has a significant nexus with a
TNW is jurisdictional.Data supporting this conclusion is provided at Section III.C.
Provide estimates for jurisdictional waters within the review area(check all that apply):
❑ Tributary waters: linear feet width(ft).
LJ Other non-wetland waters: acres.
Identify type(s)of waters:
4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
® Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands.
® Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale
indicating that tributary is perennial in Section III.D.2,above.Provide rationale indicating that wetland is
directly abutting an RPW:Wetlands discharge directly into channel.
Wetlands directly abutting an RPW where tributaries typically flow"seasonally." Provide data indicating that tributary is
seasonal in Section III.B and rationale in Section III.D.2,above.Provide rationale indicating that wetland is directly
abutting an RPW:
Provide acreage estimates for jurisdictional wetlands in the review area:Wetland 4(W4),Wetland 5(W5),Wetland 6(W6),
Wetland 7(W7),Wetland 8(W8),Wetland 18(W18),Wetland 19(W19),and Wetland 20(W20)-0.653 acres.
5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs.
® Wetlands that do not directly abut an RPW,but when considered in combination with the tributary to which they are adjacent
and with similarly situated adjacent wetlands,have a significant nexus with a TNW are jurisidictional.Data supporting this
conclusion is provided at Section III.C.
Provide acreage estimates for jurisdictional wetlands in the review area:Wetland 20(W20)-0.28 acres.
6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
❑ Wetlands adjacent to such waters,and have when considered in combination with the tributary to which they are adjacent and
with similarly situated adjacent wetlands,have a significant nexus with a TNW are jurisdictional.Data supporting this
conclusion is provided at Section III.C.
Provide estimates for jurisdictional wetlands in the review area: acres.
7. Impoundments of jurisdictional waters.9
As a general rule,the impoundment of a jurisdictional tributary remains jurisdictional.
❑ Demonstrate that impoundment was created from"waters of the U.S.,"or
❑ Demonstrate that water meets the criteria for one of the categories presented above(1-6),or
❑ Demonstrate that water is isolated with a nexus to commerce(see E below).
E. ISOLATED[INTERSTATE OR INTRA-STATE]WATERS,INCLUDING ISOLATED WETLANDS,THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE,INCLUDING ANY
SUCH WATERS(CHECK ALL THAT APPLY):lo
'See Footnote#3.
'To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook.
10 Prior to asserting or declining CWA jurisdiction based solely on this category,Corps Districts will elevate the action to Corps and EPA HQ for
review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos.

❑ which are or could be used by interstate or foreign travelers for recreational or other purposes.
❑ from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
❑ which are or could be used for industrial purposes by industries in interstate commerce.
❑ Interstate isolated waters. Explain:
❑ Other factors. Explain:
Identify water body and summarize rationale supporting determination:Wetland 9(Figure 5,Sheet 1)displays no surface or
subsurface hydrological connection to other potentially jurisdictional features. Wetland 9 is confined between the project boundary to
the north and and a public trail network to the south.Development outside of the project boundary may have altered the wetland's
hydrological connection.
Provide estimates for jurisdictional waters in the review area(check all that apply):
❑ Tributary waters: linear feet width(ft).
❑ Other non-wetland waters: acres.
Identify type(s)of waters:
❑ Wetlands: acres.
F. NON-JURISDICTIONAL WATERS,INCLUDING WETLANDS(CHECK ALL THAT APPLY):
❑ If potential wetlands were assessed within the review area,these areas did not meet the criteria in the 1987 Corps of Engineers
Wetland Delineation Manual and/or appropriate Regional Supplements.
❑ Review area included isolated waters with no substantial nexus to interstate(or foreign)commerce.
❑ Prior to the Jan 2001 Supreme Court decision in"SWANCC,"the review area would have been regulated based solely on the
"Migratory Bird Rule"(MBR).
Waters do not meet the"Significant Nexus"standard,where such a finding is required for jurisdiction. Explain:
Other:(explain,if not covered above):
Provide acreage estimates for non jurisdictional waters in the review area,where the sole potential basis of jurisdiction is the MBR
factors(i.e.,presence of migratory birds,presence of endangered species,use of water for irrigated agriculture),using best professional
judgment(check all that apply):
❑ Non-wetland waters(i.e.,rivers,streams): linear feet width(ft).
❑ Lakes/ponds: acres.
❑ Other non-wetland waters: acres.List type of aquatic resource:
❑ Wetlands: acres.
Provide acreage estimates for non jurisdictional waters in the review area that do not meet the"Significant Nexus"standard,where such
a finding is required for jurisdiction(check all that apply):
❑ Non-wetland waters(i.e.,rivers,streams): linear feet, width(ft).
❑ Lakes/ponds: acres.
❑ Other non-wetland waters: acres. List type of aquatic resource:
❑ Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD(check all that apply-checked items shall be included in case file and,where checked
and requested,appropriately reference sources below):
® Maps,plans,plots or plat submitted by or on behalf of the applicant/consultant:
® Data sheets prepared/submitted by or on behalf of the applicant/consultant.
®Office concurs with data sheets/delineation report.
❑Office does not concur with data sheets/delineation report.
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
❑ U.S.Geological Survey Hydrologic Atlas:
❑USGS NHD data.
❑USGS 8 and 12 digit HUC maps.
® U.S.Geological Survey map(s).Cite scale&quad name:1:24k;Kings Mountain Quad.
® USDA Natural Resources Conservation Service Soil Survey.Citation:NRCS Web Soil Survey.
❑ National wetlands inventory map(s). Cite name:
❑ State/Local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
® Photographs: ®Aerial(Name&Date):NCCGIA 2015.
or❑Other(Name&Date):Site photographs.

❑ Previous determination(s). File no.and date of response letter:
❑ Applicable/supporting case law:
❑ Applicable/supporting scientific literature:
❑ Other information(please specify): .
B. ADDITIONAL COMMENTS TO SUPPORT JD:This JD form applies to S3,S15,S9,W4,W5,W6,W7,W8,W18,W19,and W20.

APPROVED JURISDICTIONAL DETERMINATION FORM
U.S.Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
SECTION I: BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION(JD):5/29/2018
B. DISTRICT OFFICE,FILE NAME,AND NUMBER:CESAW-RG-C,Albemarle Lithium Mine AJD,SAW-2018-00616
C. PROJECT LOCATION AND BACKGROUND INFORMATION:The review area is located 0.485 miles southeast of the
intersection of Beta Place and Parkgrace Road.PINS: 12852, 11661,58234,62000, 12849,47136, 12637, 12804, 12766,and 12610.
State:NC County/parish/borough:Cleveland City:Kings Mountain
Center coordinates of site(lat/long in degree decimal format): Lat.35.215880'N,Long.--81.340238°�.
Universal Transverse Mercator:
Name of nearest waterbody:Kings Creek
Name of nearest Traditional Navigable Water(TNW)into which the aquatic resource flows:Broad River
Name of watershed or Hydrologic Unit Code(HUC):Broad/03050105
® Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request.
❑ Check if other sites(e.g.,offsite mitigation sites,disposal sites,etc...)are associated with this action and are recorded on a
different JD form.
D. REVIEW PERFORMED FOR SITE EVALUATION(CHECK ALL THAT APPLY):
❑ Office(Desk)Determination. Date:
® Field Determination. Date(s):05/03/2018
SECTION II: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There Are no "navigable waters of the U.S."within Rivers and Harbors Act(RHA)jurisdiction(as defined by 33 CFR part 329)in the
review area. [Required]
❑ Waters subject to the ebb and flow of the tide.
❑ Waters are presently used,or have been used in the past,or may be susceptible for use to transport interstate or foreign commerce.
Explain:
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
There Are"waters of the U.S."within Clean Water Act(CWA)jurisdiction(as defined by 33 CFR part 328)in the review area.[Required]
1. Waters of the U.S.
a. Indicate presence of waters of U.S.in review area(check all that apply):1
❑ TNWs,including territorial seas
❑ Wetlands adjacent to TNWs
® Relatively permanent waters'(RPWs)that flow directly or indirectly into TNWs
❑ Non-RPWs that flow directly or indirectly into TNWs
® Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
® Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
❑ Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs
® Impoundments of jurisdictional waters
W Isolated(interstate or intrastate)waters,including isolated wetlands
b. Identify(estimate)size of waters of the U.S.in the review area:
Non-wetland waters:270(Stream)linear feet:2-5 width(fl)and/or 9.60(Open Water)acres.
Wetlands:5.88 acres.
c.Limits(boundaries)of jurisdiction based on:Established by OHWM.
Elevation of established OHWM(if known):
2. Non-regulated waters/wetlands(check if applicable):3
❑ Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional.
Explain:
Boxes checked below shall be supported by completing the appropriate sections in Section III below.
2 For purposes of this form,an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least"seasonally"
(e.g.,typically 3 months).
s Supporting documentation is presented in Section III.F.

SECTION III: CWA ANALYSIS
A. TNWs AND WETLANDS ADJACENT TO TNWs
The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW,complete
Section III.A.1 and Section III.D.1.only;if the aquatic resource is a wetland adjacent to a TNW,complete Sections HLA.1 and 2
and Section III.D.1.;otherwise,see Section III.B below.
1. TNW
Identify TNW: .
Summarize rationale supporting determination:
2. Wetland adjacent to TNW
Summarize rationale supporting conclusion that wetland is"adjacent':
B. CHARACTERISTICS OF TRIBUTARY(THAT IS NOT A TNW)AND ITS ADJACENT WETLANDS(IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands,if any,and it helps
determine whether or not the standards for jurisdiction established under Rapanos have been met.
The agencies will assert jurisdiction over non-navigable tributaries of TNWs where the tributaries are"relatively permanent
waters"(RPWs),i.e.tributaries that typically flow year-round or have continuous flow at least seasonally(e.g.,typically 3
months).A wetland that directly abuts an RPW is also jurisdictional.If the aquatic resource is not a TNW,but has year-round
(perennial)flow,skip to Section III.D.2.If the aquatic resource is a wetland directly abutting a tributary with perennial flow,
skip to Section III.D.4.
A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation.Corps districts and
EPA regions will include in the record any available information that documents the existence of a significant nexus between a
relatively permanent tributary that is not perennial(and its adjacent wetlands if any)and a traditional navigable water,even
though a significant nexus finding is not required as a matter of law.
If the waterbody4 is not an RPW,or a wetland directly abutting an RPW,a JD will require additional data to determine if the
waterbody has a significant nexus with a TNW.If the tributary has adjacent wetlands,the significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands.This significant nexus evaluation that combines,for
analytical purposes,the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is
the tributary,or its adjacent wetlands,or both.If the JD covers a tributary with adjacent wetlands,complete Section III.B.1 for
the tributary,Section III.B.2 for any onsite wetlands,and Section III.B.3 for all wetlands adjacent to that tributary,both onsite
and offsite.The determination whether a significant nexus exists is determined in Section III.0 below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: 0.31 square miles
Drainage area:0.24 square miles
Average annual rainfall:49 inches
Average annual snowfall:4 inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
❑Tributary flows directly into TNW.
®Tributary flows through 2 tributaries before entering TNW.
Project waters are 20-25 river miles from TNW.
Project waters are 1(or less)river miles from RPW.
Project waters are 15-20 aerial(straight)miles from TNW.
Project waters are 1(or less)aerial(straight)miles from RPW.
Project waters cross or serve as state boundaries.Explain:N/A.
Identify flow route to TNW5:Kings Creek to Jumping Branch,Jumping Branch to Broad River.
'Note that the Instructional Guidebook contains additional information regarding swales,ditches,washes,and erosional features generally and in the and
West.
s Flow route can be described by identifying,e.g.,tributary a,which flows through the review area,to flow into tributary b,which then flows into TNW.

Tributary stream order,if known:
(b) General Tributary Characteristics(check all that apply):
Tributary is: ®Natural
❑Artificial(man-made). Explain:
❑Manipulated (man-altered). Explain:
Tributary properties with respect to top of bank(estimate):
Average width:2-5 feet
Average depth:2-4 feet
Average side slopes:3:1.
Primary tributary substrate composition(check all that apply):
❑ Silts ® Sands ❑Concrete
®Cobbles ®Gravel ❑Muck
❑Bedrock ❑Vegetation. Type/%cover:
❑Other.Explain:
Tributary condition/stability[e.g.,highly eroding,sloughing banks]. Explain:Erosion present on left descending bank of
S 14.
Presence of run/riffle/pool complexes. Explain:Established run/riffle/pool complexes present in S 14.
Tributary geometry:Relatively straight
Tributary gradient(approximate average slope):Approximately 8%
(c) Flow:
Tributary provides for:Seasonal flow
Estimate average number of flow events in review area/year:20(or greater)
Describe flow regime:W37 drains to S14.s14 drains to W35.
Other information on duration and volume:Perennial Stream.
Surface flow is:Confined. Characteristics:Flow is confined by left/right streambanks.
Subsurface flow:Unknown. Explain findings:
❑Dye(or other)test performed:
Tributary has(check all that apply):
®Bed and banks
®OHWM6(check all indicators that apply):
® clear,natural line impressed on the bank ❑ the presence of litter and debris
® changes in the character of soil ❑ destruction of terrestrial vegetation
❑ shelving ® the presence of wrack line
® vegetation matted down,bent,or absent ® sediment sorting
® leaf litter disturbed or washed away ® scour
❑ sediment deposition ® multiple observed or predicted flow events
® water staining ❑ abrupt change in plant community
❑ other(list):
❑Discontinuous OHWM.1 Explain:
If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction(check all that apply):
❑ High Tide Line indicated by: ® Mean High Water Mark indicated by:
❑ oil or scum line along shore objects ❑ survey to available datum;
❑ fine shell or debris deposits(foreshore) ®physical markings;
❑ physical markings/characteristics ❑vegetation lines/changes in vegetation types.
❑ tidal gauges
❑ other(list):
(iii) Chemical Characteristics:
Characterize tributary(e.g.,water color is clear,discolored,oily film;water quality;general watershed characteristics,etc.).
Explain:Water color is clear.Land use in the watershed is primarily industrial and commercial.
Identify specific pollutants,if known:N/A.
6A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction(e.g.,where the stream temporarily flows underground,or where
the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow
regime(e.g.,flow over a rock outcrop or through a culvert),the agencies will look for indicators of flow above and below the break.
'lbid.

(iv) Biological Characteristics. Channel supports(check all that apply):
® Riparian corridor. Characteristics(type,average width):Average width of riparian corridor is 20-50 feet.
❑ Wetland fringe. Characteristics:
❑ Habitat for:
❑Federally Listed species. Explain findings:
❑Fish/spawn areas.Explain findings:
❑Other environmentally-sensitive species. Explain findings:
❑Aquatic/wildlife diversity. Explain findings:
2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW
(i) Physical Characteristics:
(a) General Wetland Characteristics:
Properties:
Wetland size:W29,W30,W34,W36,W38,W39,W40,W41 - 1.18 acres
Wetland type. Explain:Wetlands are dominated by herbaceous vegetation(PEM).
Wetland quality. Explain:Wetlands contain multiple invasive species.
Project wetlands cross or serve as state boundaries.Explain:N/A.
(b) General Flow Relationship with Non-TNW:
Flow is:Intermittent flow.Explain:W29,W30,and W34 drain to OW3 and W33 via a subsurface connection.W36
drains to W38 outside of the project boundary.W38,W39,and W40 drain to S 14 via a culvert.W41 drains to W38 via a subsurface
connection.
Surface flow is:Discrete and confined
Characteristics:
Subsurface flow:Yes. Explain findings:Based on landscape position and soil type.
❑Dye(or other)test performed:
(c) Wetland Adjacency Determination with Non-TNW:
❑Directly abutting
®Not directly abutting
® Discrete wetland hydrologic connection. Explain:W29,W30,W34,W36,W38,W39,W40,W41 drain to a
RPW via a subsurface connection.
® Ecological connection. Explain:W38,W39,and W40 drain to S14 via a culvert.
❑ Separated by berm/barrier. Explain:
(d) Proximity(Relationship)to TNW
Project wetlands are 20-25 river miles from TNW.
Project waters are 15-20 aerial(straight)miles from TNW.
Flow is from:Wetland to navigable waters.
Estimate approximate location of wetland as within the-floodplain.
(ii) Chemical Characteristics:
Characterize wetland system(e.g.,water color is clear,brown,oil film on surface;water quality;general watershed
characteristics;etc.). Explain:W29,W30,W34,W36,W38,W39,W40,W41 are dominated by herbaceous vegetation,
have reduced soils,oxidized rhizospheres on living roots,high water table,surface saturation,and hydrogen sulfide odor.
Identify specific pollutants,if known:N/A.
(iii)Biological Characteristics. Wetland supports(check all that apply):
® Riparian buffer. Characteristics(type,average width):20-50 feet.
® Vegetation type/percent cover. Explain:Herbaceous 100%cover.
❑ Habitat for:
❑Federally Listed species. Explain findings:
❑Fish/spawn areas.Explain findings:
❑Other environmentally-sensitive species. Explain findings:
❑Aquatic/wildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary(if any)
All wetland(s)being considered in the cumulative analysis:8
Approximately( 1.18)acres in total are being considered in the cumulative analysis.

For each wetland,specify the following:
Directly abuts?(Y/N) Size(in acres) Directly abuts?(Y/N) Size(in acres)
W29 N 0.04 W30 N 0.08
W34 N 0.11 W36 N 0.12
W38 N 0.23 W39 N 0.40
W40 N 0.10 W41 N 0.10
Summarize overall biological,chemical and physical functions being performed:Wetland 29(W29),Wetland 30(W30),
Wetland 34(W34),Wetland 36(W36),Wetland 38(W38),Wetland 39(W39),Wetland 40(W40),and Wetland 41 (W41)on
Figure 5.These wetlands are dominated by herbaceous vegetation,are adjacent to and drain to RPWs via subsurface connections .
C. SIGNIFICANT NEXUS DETERMINATION
A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed
by any wetlands adjacent to the tributary to determine if they significantly affect the chemical,physical,and biological integrity
of a TNW. For each of the following situations,a significant nexus exists if the tributary,in combination with all of its adjacent
wetlands,has more than a speculative or insubstantial effect on the chemical,physical and/or biological integrity of a TNW.
Considerations when evaluating significant nexus include,but are not limited to the volume,duration,and frequency of the flow
of water in the tributary and its proximity to a TNW,and the functions performed by the tributary and all its adjacent
wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance(e.g.between a
tributary and its adjacent wetland or between a tributary and the TNW).Similarly,the fact an adjacent wetland lies within or
outside of a floodplain is not solely determinative of significant nexus.
Draw connections between the features documented and the effects on the TNW,as identified in the Rapanos Guidance and
discussed in the Instructional Guidebook.Factors to consider include,for example:
• Does the tributary,in combination with its adjacent wetlands(if any),have the capacity to carry pollutants or flood waters to
TNWs,or to reduce the amount of pollutants or flood waters reaching a TNW?
• Does the tributary,in combination with its adjacent wetlands(if any),provide habitat and lifecycle support functions for fish and
other species,such as feeding,nesting,spawning,or rearing young for species that are present in the TNW?
• Does the tributary,in combination with its adjacent wetlands(if any),have the capacity to transfer nutrients and organic carbon that
support downstream foodwebs?
• Does the tributary,in combination with its adjacent wetlands(if any),have other relationships to the physical,chemical,or
biological integrity of the TNW?
Note:the above list of considerations is not inclusive and other functions observed or known to occur should be documented
below:
1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain
findings of presence or absence of significant nexus below,based on the tributary itself,then go to Section I1I.1):
2. Significant nexus findings for non-RPW and its adjacent wetlands,where the non-RPW flows directly or indirectly into
TNWs. Explain findings of presence or absence of significant nexus below,based on the tributary in combination with all of its
adjacent wetlands,then go to Section III.D:
3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW.Explain findings of
presence or absence of significant nexus below,based on the tributary in combination with all of its adjacent wetlands,then go to
Section IILD:Wetlands include:Wetland 29(W29),Wetland 30(W30),Wetland 34(W34),Wetland 36(W36),Wetland 38
(W38),Wetland 39(W39),Wetland 40(W40),and Wetland 41(W41)on Figure 5.These wetlands are adjacent to and drain to
RPWs via subsurface connections .
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS.THE SUBJECT WATERSIWETLANDS ARE(CHECK ALL
THAT APPLY):
1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
❑TNWs: linear feet width(ft),Or, acres.
❑Wetlands adjacent to TNWs: acres.

2. RPWs that flow directly or indirectly into TNWs.
® Tributaries of TNWs where tributaries typically flow year-round are jurisdictional.Provide data and rationale indicating that
tributary is perennial:Continuous bed and bank,presence of base flow without precipitation.
❑ Tributaries of TNW where tributaries have continuous flow"seasonally"(e.g.,typically three months each year)are
jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows
seasonally: .
Provide estimates for jurisdictional waters in the review area(check all that apply):
® Tributary waters:Stream 14(S14)-270 linear feet 2-5 width(ft).
® Other non-wetland waters:Open Water 3(OW3)and Open Water 4(OW4)-9.60 acres.
Identify type(s)of waters:Open Water/Impoundment.
3. Non-RPWss that flow directly or indirectly into TNWs.
Waterbody that is not a TNW or an RPW,but flows directly or indirectly into a TNW,and it has a significant nexus with a
TNW is jurisdictional.Data supporting this conclusion is provided at Section III.C.
Provide estimates for jurisdictional waters within the review area(check all that apply):
' Tributary waters: linear feet width(ft).
Other non-wetland waters: acres.
Identify type(s)of waters:
4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
® Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands.
® Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale
indicating that tributary is perennial in Section III.D.2,above.Provide rationale indicating that wetland is
directly abutting an RPW:Wetlands discharge directly into channel.
❑ Wetlands directly abutting an RPW where tributaries typically flow"seasonally." Provide data indicating that tributary is
seasonal in Section III.B and rationale in Section III.D.2,above.Provide rationale indicating that wetland is directly
abutting an RPW:
Provide acreage estimates for jurisdictional wetlands in the review area:Wetland 25(W25),Wetland 26(W26),Wetland 27
(W27),Wetland 28(W28),Wetland 31(W31),Wetland 32(W32),Wetland 33(W33), Wetland 35(W35),and Wetland 37(W37)
-4.70 acres.
5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs.
® Wetlands that do not directly abut an RPW,but when considered in combination with the tributary to which they are adjacent
and with similarly situated adjacent wetlands,have a significant nexus with a TNW are jurisidictional.Data supporting this
conclusion is provided at Section III.C.
Provide acreage estimates for jurisdictional wetlands in the review area:W29,W30,W34,W36,W38,W39,W40,W41- 1.18
acres.
6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
❑ Wetlands adjacent to such waters,and have when considered in combination with the tributary to which they are adjacent and
with similarly situated adjacent wetlands,have a significant nexus with a TNW are jurisdictional.Data supporting this
conclusion is provided at Section III.C.
Provide estimates for jurisdictional wetlands in the review area: acres.
7. Impoundments of jurisdictional waters.9
As a general rule,the impoundment of a jurisdictional tributary remains jurisdictional.
® Demonstrate that impoundment was created from"waters of the U.S.,"or
❑ Demonstrate that water meets the criteria for one of the categories presented above(1-6),or
Q Demonstrate that water is isolated with a nexus to commerce(see E below).
'See Footnote#3.
'To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook.

E. ISOLATED[INTERSTATE OR INTRA-STATE]WATERS,INCLUDING ISOLATED WETLANDS,THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE,INCLUDING ANY
SUCH WATERS(CHECK ALL THAT APPLY):10
❑ which are or could be used by interstate or foreign travelers for recreational or other purposes.
❑ from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
❑ which are or could be used for industrial purposes by industries in interstate commerce.
❑ Interstate isolated waters. Explain:
❑ Other factors. Explain:
Identify water body and summarize rationale supporting determination:Wetland 9(Figure 5,Sheet 1)displays no surface or
subsurface hydrological connection to other potentially jurisdictional features. Wetland 9 is confined between the project boundary to
the north and and a public trail network to the south.Development outside of the project boundary may have altered the wetland's
hydrological connection.
Provide estimates for jurisdictional waters in the review area(check all that apply):
❑ Tributary waters: linear feet width(ft).
❑ Other non-wetland waters: acres.
Identify type(s)of waters:
❑ Wetlands: acres.
F. NON-JURISDICTIONAL WATERS,INCLUDING WETLANDS(CHECK ALL THAT APPLY):
❑ If potential wetlands were assessed within the review area,these areas did not meet the criteria in the 1987 Corps of Engineers
Wetland Delineation Manual and/or appropriate Regional Supplements.
❑ Review area included isolated waters with no substantial nexus to interstate(or foreign)commerce.
❑ Prior to the Jan 2001 Supreme Court decision in"SWANCC,"the review area would have been regulated based solely on the
"Migratory Bird Rule"(MBR).
❑ Waters do not meet the"Significant Nexus"standard,where such a finding is required for jurisdiction. Explain:
❑ Other:(explain,if not covered above):
Provide acreage estimates for non jurisdictional waters in the review area,where the sole potential basis of jurisdiction is the MBR
factors(i.e.,presence of migratory birds,presence of endangered species,use of water for irrigated agriculture),using best professional
judgment(check all that apply):
❑ Non-wetland waters(i.e.,rivers,streams): linear feet width(ft).
❑ Lakes/ponds: acres.
❑ Other non-wetland waters: acres.List type of aquatic resource:
❑ Wetlands: acres.
Provide acreage estimates for non jurisdictional waters in the review area that do not meet the"Significant Nexus"standard,where such
a finding is required for jurisdiction(check all that apply):
❑ Non-wetland waters(i.e.,rivers,streams): linear feet, width(ft).
❑ Lakes/ponds: acres.
❑ Other non-wetland waters: acres. List type of aquatic resource:
❑ Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD(check all that apply-checked items shall be included in case file and,where checked
and requested,appropriately reference sources below):
® Maps,plans,plots or plat submitted by or on behalf of the applicant/consultant:
® Data sheets prepared/submitted by or on behalf of the applicant/consultant.
®Office concurs with data sheets/delineation report.
❑Office does not concur with data sheets/delineation report.
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
❑ U.S.Geological Survey Hydrologic Atlas:
❑USGS NHD data.
❑USGS 8 and 12 digit HUC maps.
U.S.Geological Survey map(s).Cite scale&quad name:1:24k;Kings Mountain Quad.
10 Prior to asserting or declining CWA jurisdiction based solely on this category,Corps Districts will elevate the action to Corps and EPA HQ for
review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos.

® USDA Natural Resources Conservation Service Soil Survey.Citation:NRCS Web Soil Survey.
❑ National wetlands inventory map(s). Cite name:
❑ State/Local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
® Photographs: ®Aerial(Name&Date):NCCGIA 2015.
or❑Other(Name&Date):Site photographs.
❑ Previous determination(s). File no.and date of response letter:
❑ Applicable/supporting case law:
❑ Applicable/supporting scientific literature:
❑ Other information(please specify): .
B. ADDITIONAL COMMENTS TO SUPPORT JD:This JD form applies to S14,W25,W26,W27,W28,W29,W30,W31,W32,W33,
W34,W35,W36,W37,W38,W39,W40,W41,OW3,and OW4.

APPROVED JURISDICTIONAL DETERMINATION FORM
U.S.Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
SECTION I: BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION(JD):5/29/2018
B. DISTRICT OFFICE,FILE NAME,AND NUMBER:CESAW-RG-C,Albemarle Lithium Mine AJD,SAW-2018-00616
C. PROJECT LOCATION AND BACKGROUND INFORMATION:The review area is located 0.485 miles southeast of the
intersection of Beta Place and Parkgrace Road.PINS: 12852, 11661,58234,62000, 12849,47136, 12637, 12804, 12766,and 12610.
State:NC County/parish/borough:Cleveland City:Kings Mountain
Center coordinates of site(lat/long in degree decimal format): Lat.35.215880'N,Long.--81.340238°W.
Universal Transverse Mercator:
Name of nearest waterbody:Kings Creek
Name of nearest Traditional Navigable Water(TNW)into which the aquatic resource flows:Broad River
Name of watershed or Hydrologic Unit Code(HUC):Broad/03050105
® Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request.
❑ Check if other sites(e.g.,offsite mitigation sites,disposal sites,etc...)are associated with this action and are recorded on a
different JD form.
D. REVIEW PERFORMED FOR SITE EVALUATION(CHECK ALL THAT APPLY):
❑ Office(Desk)Determination. Date:
® Field Determination. Date(s):05/03/2018
SECTION II: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There Are no "navigable waters of the U.S."within Rivers and Harbors Act(RHA)jurisdiction(as defined by 33 CFR part 329)in the
review area. [Required]
❑ Waters subject to the ebb and flow of the tide.
❑ Waters are presently used,or have been used in the past,or may be susceptible for use to transport interstate or foreign commerce.
Explain:
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
There Are"waters of the U.S."within Clean Water Act(CWA)jurisdiction(as defined by 33 CFR part 328)in the review area.[Required]
1. Waters of the U.S.
a. Indicate presence of waters of U.S.in review area(check all that apply):1
❑ TNWs,including territorial seas
❑ Wetlands adjacent to TNWs
® Relatively permanent waters'(RPWs)that flow directly or indirectly into TNWs
❑ Non-RPWs that flow directly or indirectly into TNWs
® Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
® Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
❑ Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs
® Impoundments of jurisdictional waters
Isolated(interstate or intrastate)waters,including isolated wetlands
b. Identify(estimate)size of waters of the U.S.in the review area:
Non-wetland waters:270(Stream)linear feet:2-5 width(ft)and/or 9.60(Open Water)acres.
Wetlands:5.88 acres.
c.Limits(boundaries)of jurisdiction based on:Established by OHWM.
Elevation of established OHWM(if known):
2. Non-regulated waters/wetlands(check if applicable):3
❑ Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional.
Explain:
Boxes checked below shall be supported by completing the appropriate sections in Section III below.
Z For purposes of this form,an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least"seasonally"
(e.g.,typically 3 months).
s Supporting documentation is presented in Section HIT.

SECTION III: CWA ANALYSIS
A. TNWs AND WETLANDS ADJACENT TO TNWs
The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW,complete
Section III.A.1 and Section III.D.1.only;if the aquatic resource is a wetland adjacent to a TNW,complete Sections III.A.1 and 2
and Section III.D.1.;otherwise,see Section III.B below.
1. TNW
Identify TNW: .
Summarize rationale supporting determination:
2. Wetland adjacent to TNW
Summarize rationale supporting conclusion that wetland is"adjacent':
B. CHARACTERISTICS OF TRIBUTARY(THAT IS NOT A TNW)AND ITS ADJACENT WETLANDS(IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands,if any,and it helps
determine whether or not the standards for jurisdiction established under Rapanos have been met.
The agencies will assert jurisdiction over non-navigable tributaries of TNWs where the tributaries are"relatively permanent
waters"(RPWs),i.e.tributaries that typically flow year-round or have continuous flow at least seasonally(e.g.,typically 3
months).A wetland that directly abuts an RPW is also jurisdictional.If the aquatic resource is not a TNW,but has year-round
(perennial)flow,skip to Section III.D.2.If the aquatic resource is a wetland directly abutting a tributary with perennial flow,
skip to Section III.D.4.
A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation.Corps districts and
EPA regions will include in the record any available information that documents the existence of a significant nexus between a
relatively permanent tributary that is not perennial(and its adjacent wetlands if any)and a traditional navigable water,even
though a significant nexus finding is not required as a matter of law.
If the waterbody4 is not an RPW,or a wetland directly abutting an RPW,a JD will require additional data to determine if the
waterbody has a significant nexus with a TNW.If the tributary has adjacent wetlands,the significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands.This significant nexus evaluation that combines,for
analytical purposes,the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is
the tributary,or its adjacent wetlands,or both.If the JD covers a tributary with adjacent wetlands,complete Section III.B.1 for
the tributary,Section III.B.2 for any onsite wetlands,and Section III.B.3 for all wetlands adjacent to that tributary,both onsite
and offsite.The determination whether a significant nexus exists is determined in Section III.0 below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: 0.31 square miles
Drainage area:0.24 square miles
Average annual rainfall:49 inches
Average annual snowfall:4 inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
❑Tributary flows directly into TNW.
®Tributary flows through 2 tributaries before entering TNW.
Project waters are 20-25 river miles from TNW.
Project waters are 1(or less)river miles from RPW.
Project waters are 15-20 aerial(straight)miles from TNW.
Project waters are 1(or less)aerial(straight)miles from RPW.
Project waters cross or serve as state boundaries.Explain:N/A.
Identify flow route to TNW5:Kings Creek to Jumping Branch,Jumping Branch to Broad River.
'Note that the Instructional Guidebook contains additional information regarding swales,ditches,washes,and erosional features generally and in the and
West.
s Flow route can be described by identifying,e.g.,tributary a,which flows through the review area,to flow into tributary b,which then flows into TNW.

Tributary stream order,if known:
(b) General Tributary Characteristics(check all that apply):
Tributary is: ®Natural
❑Artificial(man-made). Explain:
❑Manipulated (man-altered). Explain:
Tributary properties with respect to top of bank(estimate):
Average width:2-5 feet
Average depth:2-4 feet
Average side slopes:3:1.
Primary tributary substrate composition(check all that apply):
❑ Silts ®Sands ❑Concrete
®Cobbles ®Gravel ❑Muck
❑Bedrock ❑Vegetation. Type/%cover:
❑Other.Explain:
Tributary condition/stability[e.g.,highly eroding,sloughing banks]. Explain:Erosion present on left descending bank of
S14.
Presence of run/riffle/pool complexes. Explain:Established run/riffle/pool complexes present in S14.
Tributary geometry:Relatively straight
Tributary gradient(approximate average slope):Approximately 8%
(c) Flow:
Tributary provides for:Seasonal flow
Estimate average number of flow events in review area/year:20(or greater)
Describe flow regime:W37 drains to S14.s14 drains to W35.
Other information on duration and volume:Perennial Stream.
Surface flow is:Confined. Characteristics:Flow is confined by left/right streambanks.
Subsurface flow:Unknown. Explain findings:
❑Dye(or other)test performed:
Tributary has(check all that apply):
®Bed and banks
®OHWM6(check all indicators that apply):
® clear,natural line impressed on the bank ❑ the presence of litter and debris
® changes in the character of soil ❑ destruction of terrestrial vegetation
❑ shelving ® the presence of wrack line
® vegetation matted down,bent,or absent ® sediment sorting
® leaf litter disturbed or washed away ® scour
❑ sediment deposition ® multiple observed or predicted flow events
® water staining ❑ abrupt change in plant community
❑ other(list):
❑Discontinuous OHWM.1 Explain:
If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction(check all that apply):
❑ High Tide Line indicated by: ® Mean High Water Mark indicated by:
❑ oil or scum line along shore objects ❑ survey to available datum;
❑ fine shell or debris deposits(foreshore) ®physical markings;
❑ physical markings/characteristics ❑vegetation lines/changes in vegetation types.
❑ tidal gauges
❑ other(list):
(iii) Chemical Characteristics:
Characterize tributary(e.g.,water color is clear,discolored,oily film;water quality;general watershed characteristics,etc.).
Explain:Water color is clear.Land use in the watershed is primarily industrial and commercial.
Identify specific pollutants,if known:N/A.
6A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction(e.g.,where the stream temporarily flows underground,or where
the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow
regime(e.g.,flow over a rock outcrop or through a culvert),the agencies will look for indicators of flow above and below the break.
'Ibid.

(iv) Biological Characteristics. Channel supports(check all that apply):
® Riparian corridor. Characteristics(type,average width):Average width of riparian corridor is 20-50 feet.
❑ Wetland fringe. Characteristics:
❑ Habitat for:
❑Federally Listed species. Explain findings:
❑Fish/spawn areas.Explain findings:
❑Other environmentally-sensitive species. Explain findings:
❑Aquatic/wildlife diversity. Explain findings:
2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW
(i) Physical Characteristics:
(a) General Wetland Characteristics:
Properties:
Wetland size:W29,W30,W34,W36,W38,W39,W40,W41 - 1.18 acres
Wetland type. Explain:Wetlands are dominated by herbaceous vegetation(PEM).
Wetland quality. Explain:Wetlands contain multiple invasive species.
Project wetlands cross or serve as state boundaries.Explain:N/A.
(b) General Flow Relationship with Non-TNW:
Flow is:Intermittent flow.Explain:W29,W30,and W34 drain to OW3 and W33 via a subsurface connection.W36
drains to W38 outside of the project boundary.W38,W39,and W40 drain to S 14 via a culvert.W41 drains to W38 via a subsurface
connection.
Surface flow is:Discrete and confined
Characteristics:
Subsurface flow:Unknown. Explain findings:
❑Dye(or other)test performed:
(c) Wetland Adjacency Determination with Non-TNW:
❑Directly abutting
®Not directly abutting
® Discrete wetland hydrologic connection. Explain:W29,W30,W34,W36,W38,W39,W40,W41 drain to a
RPW via a subsurface connection.
❑ Ecological connection. Explain:
❑ Separated by berm/barrier. Explain:
(d) Proximity(Relationship)to TNW
Project wetlands are 20-25 river miles from TNW.
Project waters are 15-20 aerial(straight)miles from TNW.
Flow is from:Wetland to navigable waters.
Estimate approximate location of wetland as within the-floodplain.
(ii) Chemical Characteristics:
Characterize wetland system(e.g.,water color is clear,brown,oil film on surface;water quality;general watershed
characteristics;etc.). Explain:W29,W30,W34,W36,W38,W39,W40,W41 are dominated by herbaceous vegetation,
have reduced soils,oxidized rhizospheres on living roots,high water table,surface saturation,and hydrogen sulfide odor.
Identify specific pollutants,if known:N/A.
(iii)Biological Characteristics. Wetland supports(check all that apply):
® Riparian buffer. Characteristics(type,average width):
® Vegetation type/percent cover. Explain:Herbaceous 100%cover.
❑ Habitat for:
❑Federally Listed species. Explain findings:
❑Fish/spawn areas.Explain findings:
❑Other environmentally-sensitive species. Explain findings:
❑Aquatic/wildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary(if any)
All wetland(s)being considered in the cumulative analysis:8
Approximately( 1.18)acres in total are being considered in the cumulative analysis.

For each wetland,specify the following:
Directly abuts?(Y/N) Size(in acres) Directly abuts?(Y/N) Size(in acres)
W29 N 0.04 W30 N 0.08
W34 N 0.11 W36 N 0.12
W38 N 0.23 W39 N 0.40
W40 N 0.10 W41 N 0.10
Summarize overall biological,chemical and physical functions being performed:Wetland 29(W29),Wetland 30(W30),
Wetland 34(W34),Wetland 36(W36),Wetland 38(W38),Wetland 39(W39),Wetland 40(W40),and Wetland 41 (W41)on
Figure 5.These wetlands are dominated by herbaceous vegetation,are adjacent to and drain to RPWs via subsurface connections .
C. SIGNIFICANT NEXUS DETERMINATION
A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed
by any wetlands adjacent to the tributary to determine if they significantly affect the chemical,physical,and biological integrity
of a TNW. For each of the following situations,a significant nexus exists if the tributary,in combination with all of its adjacent
wetlands,has more than a speculative or insubstantial effect on the chemical,physical and/or biological integrity of a TNW.
Considerations when evaluating significant nexus include,but are not limited to the volume,duration,and frequency of the flow
of water in the tributary and its proximity to a TNW,and the functions performed by the tributary and all its adjacent
wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance(e.g.between a
tributary and its adjacent wetland or between a tributary and the TNW).Similarly,the fact an adjacent wetland lies within or
outside of a floodplain is not solely determinative of significant nexus.
Draw connections between the features documented and the effects on the TNW,as identified in the Rapanos Guidance and
discussed in the Instructional Guidebook.Factors to consider include,for example:
• Does the tributary,in combination with its adjacent wetlands(if any),have the capacity to carry pollutants or flood waters to
TNWs,or to reduce the amount of pollutants or flood waters reaching a TNW?
• Does the tributary,in combination with its adjacent wetlands(if any),provide habitat and lifecycle support functions for fish and
other species,such as feeding,nesting,spawning,or rearing young for species that are present in the TNW?
• Does the tributary,in combination with its adjacent wetlands(if any),have the capacity to transfer nutrients and organic carbon that
support downstream foodwebs?
• Does the tributary,in combination with its adjacent wetlands(if any),have other relationships to the physical,chemical,or
biological integrity of the TNW?
Note:the above list of considerations is not inclusive and other functions observed or known to occur should be documented
below:
1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain
findings of presence or absence of significant nexus below,based on the tributary itself,then go to Section I1I.1):
2. Significant nexus findings for non-RPW and its adjacent wetlands,where the non-RPW flows directly or indirectly into
TNWs. Explain findings of presence or absence of significant nexus below,based on the tributary in combination with all of its
adjacent wetlands,then go to Section III.D:
3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW.Explain findings of
presence or absence of significant nexus below,based on the tributary in combination with all of its adjacent wetlands,then go to
Section 1IL1):Wetlands include:Wetland 29(W29),Wetland 30(W30),Wetland 34(W34),Wetland 36(W36),Wetland 38
(W38),Wetland 39(W39),Wetland 40(W40),and Wetland 41 (W41)on Figure 5.These wetlands are adjacent to and drain to
RPWs via subsurface connections .
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS.THE SUBJECT WATERS/WETLANDS ARE(CHECK ALL
THAT APPLY):
1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
❑TNWs: linear feet width(ft),Or, acres.
❑Wetlands adjacent to TNWs: acres.

2. RPWs that flow directly or indirectly into TNWs.
® Tributaries of TNWs where tributaries typically flow year-round are jurisdictional.Provide data and rationale indicating that
tributary is perennial:Continuous bed and bank,presence of base flow without precipitation.
❑ Tributaries of TNW where tributaries have continuous flow"seasonally"(e.g.,typically three months each year)are
jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows
seasonally: .
Provide estimates for jurisdictional waters in the review area(check all that apply):
® Tributary waters:Stream 14(S14)-270 linear feet 2-5 width(ft).
® Other non-wetland waters:Open Water 3(OW3)and Open Water 4(OW4)-9.60 acres.
Identify type(s)of waters:Open Water/Impoundment.
3. Non-RPWss that flow directly or indirectly into TNWs.
❑ Waterbody that is not a TNW or an RPW,but flows directly or indirectly into a TNW,and it has a significant nexus with a
TNW is jurisdictional.Data supporting this conclusion is provided at Section III.C.
Provide estimates for jurisdictional waters within the review area(check all that apply):
❑ Tributary waters: linear feet width(ft).
❑ Other non-wetland waters: acres.
Identify type(s)of waters:
4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
® Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands.
® Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale
indicating that tributary is perennial in Section III.D.2,above.Provide rationale indicating that wetland is
directly abutting an RPW:Wetlands discharge directly into channel.
❑ Wetlands directly abutting an RPW where tributaries typically flow"seasonally." Provide data indicating that tributary is
seasonal in Section III.B and rationale in Section III.D.2,above.Provide rationale indicating that wetland is directly
abutting an RPW:
Provide acreage estimates for jurisdictional wetlands in the review area:Wetland 25(W25),Wetland 26(W26),Wetland 27
(W27),Wetland 28(W28),Wetland 31(W31),Wetland 32(W32),Wetland 33(W33), Wetland 35(W35),and Wetland 37(W37)
-4.70 acres.
5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs.
® Wetlands that do not directly abut an RPW,but when considered in combination with the tributary to which they are adjacent
and with similarly situated adjacent wetlands,have a significant nexus with a TNW are jurisidictional.Data supporting this
conclusion is provided at Section III.C.
Provide acreage estimates for jurisdictional wetlands in the review area:W29,W30,W34,W36,W38,W39,W40,W41- 1.18
acres.
6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
❑ Wetlands adjacent to such waters,and have when considered in combination with the tributary to which they are adjacent and
with similarly situated adjacent wetlands,have a significant nexus with a TNW are jurisdictional.Data supporting this
conclusion is provided at Section III.C.
Provide estimates for jurisdictional wetlands in the review area: acres.
7. Impoundments of jurisdictional waters.9
As a general rule,the impoundment of a jurisdictional tributary remains jurisdictional.
Demonstrate that impoundment was created from"waters of the U.S.,"or
Demonstrate that water meets the criteria for one of the categories presented above(1-6),or
Demonstrate that water is isolated with a nexus to commerce(see E below).
'See Footnote#3.
v To complete the analysis refer to the key in Section IILD.6 of the Instructional Guidebook.

E. ISOLATED[INTERSTATE OR INTRA-STATE]WATERS,INCLUDING ISOLATED WETLANDS,THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE,INCLUDING ANY
SUCH WATERS(CHECK ALL THAT APPLY):10
❑ which are or could be used by interstate or foreign travelers for recreational or other purposes.
❑ from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
❑ which are or could be used for industrial purposes by industries in interstate commerce.
❑ Interstate isolated waters. Explain:
❑ Other factors. Explain:
Identify water body and summarize rationale supporting determination:Wetland 9(Figure 5,Sheet 1)displays no surface or
subsurface hydrological connection to other potentially jurisdictional features. Wetland 9 is confined between the project boundary to
the north and and a public trail network to the south.Development outside of the project boundary may have altered the wetland's
hydrological connection.
Provide estimates for jurisdictional waters in the review area(check all that apply):
❑ Tributary waters: linear feet width(ft).
❑ Other non-wetland waters: acres.
Identify type(s)of waters:
❑ Wetlands: acres.
F. NON-JURISDICTIONAL WATERS,INCLUDING WETLANDS(CHECK ALL THAT APPLY):
❑ If potential wetlands were assessed within the review area,these areas did not meet the criteria in the 1987 Corps of Engineers
Wetland Delineation Manual and/or appropriate Regional Supplements.
❑ Review area included isolated waters with no substantial nexus to interstate(or foreign)commerce.
❑ Prior to the Jan 2001 Supreme Court decision in"SWANCC,"the review area would have been regulated based solely on the
"Migratory Bird Rule"(MBR).
❑ Waters do not meet the"Significant Nexus"standard,where such a finding is required for jurisdiction. Explain:
❑ Other:(explain,if not covered above):
Provide acreage estimates for non jurisdictional waters in the review area,where the sole potential basis of jurisdiction is the MBR
factors(i.e.,presence of migratory birds,presence of endangered species,use of water for irrigated agriculture),using best professional
judgment(check all that apply):
❑ Non-wetland waters(i.e.,rivers,streams): linear feet width(ft).
❑ Lakes/ponds: acres.
❑ Other non-wetland waters: acres.List type of aquatic resource:
❑ Wetlands: acres.
Provide acreage estimates for non jurisdictional waters in the review area that do not meet the"Significant Nexus"standard,where such
a finding is required for jurisdiction(check all that apply):
❑ Non-wetland waters(i.e.,rivers,streams): linear feet, width(ft).
❑ Lakes/ponds: acres.
❑ Other non-wetland waters: acres. List type of aquatic resource:
❑ Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD(check all that apply-checked items shall be included in case file and,where checked
and requested,appropriately reference sources below):
Maps,plans,plots or plat submitted by or on behalf of the applicant/consultant:
® Data sheets prepared/submitted by or on behalf of the applicant/consultant.
®Office concurs with data sheets/delineation report.
❑Office does not concur with data sheets/delineation report.
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
❑ U.S.Geological Survey Hydrologic Atlas:
❑USGS NHD data.
❑USGS 8 and 12 digit HUC maps.
® U.S.Geological Survey map(s).Cite scale&quad name:1:24k;Kings Mountain Quad.
10 Prior to asserting or declining CWA jurisdiction based solely on this category,Corps Districts will elevate the action to Corps and EPA HQ for
review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos.

® USDA Natural Resources Conservation Service Soil Survey.Citation:NRCS Web Soil Survey.
❑ National wetlands inventory map(s). Cite name:
❑ State/Local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
® Photographs: ®Aerial(Name&Date):NCCGIA 2015.
or❑Other(Name&Date):Site photographs.
❑ Previous determination(s). File no.and date of response letter:
❑ Applicable/supporting case law:
❑ Applicable/supporting scientific literature:
❑ Other information(please specify): .
B. ADDITIONAL COMMENTS TO SUPPORT JD:This JD form applies to S14,W25,W26,W27,W28,W29,W30,W31,W32,W33,
W34,W35,W36,W37,W38,W39,W40,W41,OW3,and OW4.

Albemarle-Lithium Mine +/- 777 AC
Jurisdictional Water Junedictional wetlands and waters identified on this map have been located within sub-meter accuracy utilizing
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006 W36 0121]0 b" determinations are subject to change until written ver'dication is obtained. CEC strongly recommence that
0 a2 W 3] O.OI ]]4 written verfication be obtained from the Corps prior to closing on the property, beginning any site work,or
making any legal reliance on Nis determination.
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- VSEtland
Linear N/etland
®NonJudsdictional Man-Made Isa'ate t Pondstow i r
Open Water `4• 0 1,000 2,000 4,000
Project Boundary
`Isolated Man-Made Ponds/Pits: Not Waters of the State Feet
--__ cdata. Per James Moore 8 Alan Johnson
July 18,2017 Email Communication
Drawn by: KAY 3 14.18, Updated 6.4.18 Project# 947
CLearWater StrearDelin a Wetland
Delineation Map
Cleveland County, Delineated December 2017 (12/4, 12/5,
North Carolina 32 Clayton Street 12/7, 12/11, 12/12, 12/14, 12/19, 12/22),
January 3-4 and February 16, 2018
Asheville, North Carolina 28801 Figure 5, Overview

Albemarle-Lithium Mine (+/- 777 AC )
iAwfit, 1
Jurisdictional wetlands and waders iCentfied on this map have been located within sub-meter accuracy utilizing a Trimble mapping grade Global 1
PosM1ianing System(GPS)and the subsequent tlMerenlial correction of that data, GPS points may demonstrate uncorrectable errors due to
topography,vegetative cover,andlor multlpath signal error - 'y 20 gi;
Note'. The illustrated wetland and stream locations are approximate. These areas have been flagged in the field;however,they have not been �+
surveyed. Although Clearytaster Environmental Consultants. Inc. (CEC)Is confident m our assessment, the US Any Corps of Engineers
(Corps)is the only agency that can make final decisions regarding jurisdictional wetland and waters of the US delineations. Therefore,all
Preliminary determinations are subject to change until written verification Is obtained, CEC strongly recommends Nat written veriflwtion be
obtained from the Corps prior to closing on the property.beginning any site work or making any legal reliance on this determination.
n W lr
This map was Prepared by CEC using the best information available to CEC at the time of production This map is for mfannational purposes , :'� tc - ! \
only and should not be used to determine precise boundaries,roadways,property boundary lines,nor legal descriptlons. This map shall not be '�sry.' �,
n con inuetl official be an ocial survey of any data depicted. - Y /
Source Project Boundary and are from Cleveland County Aerul Imagery NCCGIA 2015.Nrxl-Juristlktbnal Man-Made Isolated \ i \• �>,� _
Ponds/Pits
its were drawn via aerial imagery
and field collected data.
.. - \
walWnd(AQ shatur(P) O en Weler(AQ WI U.11 W31 e.(15 SI 532 OWI 794 1 .'N• _ � r
k
W2 0001 W32 0% 52 .Y OW2 015 r,�} .5^_ 2 �4 J �••.- \ '< i
W3 ItON W33 305 S3 8H0 OW3 till /. ,,
WJ OSZ W3J UII SJ 3r0 OWJ OLD •r .1 ( W
�#�«
? }(�J�R
W5 OWS W35 0.73 S5 4,1311
_ we Off, w]( n❑ sa 170 y1 ". A. 1., f ' • e 1 „{F
1
W] 0112 W37 OWS7 71I a s' y « \• j 1 4 I . .
nl wax OB SS ul Ip/j}((�((� Pr0)eCt BOUnda(y
we u3
W Y 1116 W 39 0911 S9 113
GT
f
win "I'll caul 0.10 6111 IJs W
'i
WII Wpl W11 O.IU 511 IGl9
1 W12 ON S12
r 9— 1
W13 in S13 28
0 5 W 1d Uow1 Z]11
` wls alxn acts 9z / '- . ^; Isolated Wetland — _ _ — %
code dlw / - Waters of the US
„r
;-
WI7 IYl
wigg wig um
P)
W21 all — .4 « .� ar].
wn owl
W23 U2l • _
wen 002
a �iy
W27 lI e]
wz (I to '!'� Y, t°r Legend
W28 UW •r1- xl
W29 UW ,t't
WN OEM,44 ••{ Cashed '`1
Total It53 Tod NA45 Total 17,69 •:.<- 't ! ;
*, (. ! • r t uuu IMerMdant Stream r
•� :s T
� Strum
1t •:a"'` � � _ q � ( h _ N url.,rvan,nd
NoMurisdic tonal Man-Made Isolated Pond./PR.'
1
Open Water
Project Boundary
0 250 500 1 ,000
r . '
j Feet
lidi / g 'Isolated Man-Made PondslPits: Not Waters ofL' `State
' - " " ' - '. Per James Moore&Ahnson
,t y - July 18,2017 En at Co (cation
tRn`!.. fat rt - � :'�.�
aPR �
s j ;' Drawn by: KAY 3.14.18; Updated 6.4.18 CECt#947
Stream & Wetland Delineation Map
Cleveland County, CLearWater Delineated December 2017
North Carolina (12/4, 12/5, 12/7, 12/11, 12/12, 12/14, 12/19, 12/22),
32 Clayton Street January 3-4 and February 16, 2018
Asheville, North Carolina 28801 Figure 5, Sheet 1

Albemarle- Lithium Mine (+/- III AG)
Jurisdictional wetlands and waters identified on this map have been located within sub-meter accuracy utilizing a Trimble mapping grade Gbbal
Positioning System(GPS)and the subsequent differential correction of that dam. CPS points may demonstrate uncorreclable errors due to ' .P' x `• '"�'t4h t 4- If p' *
topography,vegetative cover,and/or mubipath signal error.
.. ..•/ Ott. .It, _ }`q„ r Y - i � ;!'�
Note: The Illustrated Clewelland and stream locations Care approximate. These areas have been flagged in the held:however,they have not been
surveyed, a only
Clear Water can
final
Consultants,re Inc (CEC)Is confidentlwet in our assessment,the US Anny Corps of Engineers hhh 4
(Corps)is the only agency that can make final until w regarding Jurisdictional wetland and waters of the en delineations.woman
Therefore, all
preliminary m END ores fi are closed to change until begs n beginning
any
Is work,
or- a CEC strongly recommends on is that written vertfkatbn be
obtained from the Corps prig m closing on the properly,beginning any site work,or making any legal reliance on this demrminatbn.
This map was prepared used
CEC using the precise
Information available m CEC at the time of production.l This map is for informational Thisaspurposes
only and should not be us¢tl v determine precise depicted.
des,roadways,property boundary lines,nor legal descriptions. This map shall not be '.•i` - 1. - ` ��';
construed to be an oRldal survey of any data tlepicted. f pr
_ ••} _ • � �w.
Source Data: Project Boundary and Tope are from Cleveland County.Aerial Imagery NCCGIA 2015. NonJuhsdictional Man-Made Isolated --
Ponc its were dram via aerial Imagery and field collected data.
Judadctlonal weer ,M1� ,t.h �yltl�� 1+ ' , d - ��•,
Weiland(AQ Saeaman toxin Water(AC) Legend
Wl all W31 am S1 539 DWl 7.91 -
W3 am WU am S3 49 DW3 0.15 �t
_ or Data Form y tf `. y
W3 00m W33 3m S3 4,9m m OW3 9.y - -
`9 W4 au W31 0.11 31 3W 6W4 o.Fe � Culvert _J �', ) � // _L y •e `4``
W5 0001 W35 173 S5 4,139 r , 7 1 •., 4 '� � % + 't
Wfi am W39 a 96 1)0 ...... Inmrmittent Stream ..
W] am am S] TA 1'� ) � t '•fir;� ' .'hCt1 ' l/ y• .? - -
Ar
W9 0.m yen W39 an 33 Sit 451
113 Stream
W9 016 W19 0.b SB 113
WID at1D5 W40 0.10 S10 14 Welland `!• a '� �' t /
Wit awl W91 0.10 511 l,Bi9 • t � 1R` �� v
W12 am S12 96 Linear Welland
4 Non-Wetland
W13 vz S13 za Waters of the US
W 14 am S14 no ® Non-Jurisdictional Man-Made Isolated PoncislPils'
.. W 15 6003 S15 92 , v n � �c/v /" ��4•_ 1�\
W 16 O.IpI Open Water -
W,] 113 v.'v •�1 t. .•.1 '4 4 /'J^4 fe. • y
fi. W19 am Project Boundary p• r� k
719 nm5
W23 n98 Contoursi •J f�
W31 0,13
wzz am1 Ivk )_ i•- I
wz3 as ?solaced Man,M' .
w34 am Nak"1°;.XNaters! t; ;�P�! 9!".r� 1 K"•
wz5 am Per.Jarre4s
Wall TBy' ,EOYI all
WV a10 - �' r '� ;D L " r'�* f• ,, I r 1�' '" ti 1
Wall a.
VIM a.
A:fiiiAON
Wm am �f ° i •A,
Tout 11.55 Tout 14045 Tm 1]69ze
f-
a
.;,' Y•I g r ,L1 we and + .
A
+ „' _ Waters of the US
Non-Wetland sM.
Waters of the US
0 250 500 1 ,000
Non-Wetland
I Ell Feet l JS6 Waters of the US
Drawn by: KAY 3.14.18; Updated 6.4.18 CEC'Project 947 ,
L
Stream & Wetland Delineation Map
Cleveland County, CLearWater Delineated December 2017
North Carolina (12/4, 12/5, 12/7, 12/11, 12112, 12114, 12119, 12122),
32 Clayton Street January 3-4, and February 16, 2018
Asheville, North Carolina 28801 Figure 5, Sheet 2

Albemarle- Lithium Mine (+/- 777 AC)
40 Jurat icti nal wetlands and waters identified on this map have been located within sub-meter acwracy utilizing a lr mble.mapping grade Global
' - y Posiluming System(GPS)antl the subsequent differential correction of that data. CPS points may demonstrate uncorreclable ethers due to
topography,vegetative cover,and/or tradition signal error.
Note: The illustrated wetland and stream locations are approximate. These areas have been flagged in the field;however,they have not been
,., 'u 71p�aLf1,. surveyed, Although Clearwater Environmental Consultants, Inc. (CEC)Is confident in our assessment,the US Army Corps of Engineers
'�d�) ^t (Corps)is the only agency that can make final decisions regarding Jurisdictional we0and and waters of the US delin
eations. Therefore, all
11 elimma det
erminations are subject to change umll written verification Is obtained. CEC strop recommends Nat written verification be
`g�j y. t obtalnetl hom the Corps pda to cbsinq on Me proPenY.beginning any site work,or making any legal reliance on this determinatbn.
E;y This map was prepared by CEC using the best Information available to CEC at me time of production. This map Is for informational purposes
only and should not be used to determine precise boundaries,roadways,property boundary lines,nor legal descriptions. This map shall not be
construed to be an official survey of any data depicted.
,�. \ i „j' 4 /• f C z� Source Dam: e draw Boundary aerial
and imagery
are fled
c Cleveland d data
County Aerial Imagery NCCGIA 2015. NonJuristligional Man-Made Isolated
111 .,_, I'�' �S•e,� ty •'P T' Y 1 i� � PondslPits were drawn via aerial imagery and field collected data.
-
't� if �,_ s * Jurisdictional Water
•tau. ��.' fJ f _ j"� f Legend Wetbnd(AC) 5heam(Ln en WatertAC)
W1 0.11 W31 005 s1 532 DWI 7.94
e 4 ,
.� � e= • �. � ,.� tr Data Farm W2 0.O01 W32 Q56 52 0 OW2 0.15
��� b el '• / J - ly culvert W3 0.003 W31 3.06 53 4.9% OW3 9YI
o,+. �' •M '_, / W4 0.62 W34 0.11 54 360 OW4 050
nuu Intermittent stream AS am$ W35 0.73 55 4.130
W6 0.06 WW 0.12 56 170
Stream W7 0.02 Win 0.01 57 774
a rs, Wetland Non-Wetland r
wetmnd w9OM. W35 073 56 451
� Waters of the US Waters of the US _ _ �I _
' 4 Project Boundary w9 0.16 w� a40 59 113
Geearweuana W10 OmWq 0.10 510 146
Ju
risdictional O. W41 a10 51 1,
I,� )'• ® on uristl ct onal Man-Made Ild Pd an- ae mareonalPilS-
, IM1 s w12 U. s12 96%
Open Water w13 Z72 513 z9
11 W14 0.03 514 M
�Project Boundary W15 0.003 515. 92
f j ' •i ' ts:7 r Wt6 a0W
Contours W17 1.D
a PdndslPits:
•11". 4 tt, y ,- `;;;ar/ rs of ,. 11: Stan w19 aaos
9• re &; n Joh wt�i u.1�3
0'1"'./y r2O17 Email Gommunic w2z om1
Non-Wetland / ! ' s •_ nF' :4. / � ; 4 wze aoz
Waters of the US -
,�
V 'r Wetland - •`� „f- t, wz7 0.10
Waters of the US Non-Wetland
/ `` �••r�r / Waters of the US � rt W29 as
r c=..3 V'/ I ',1(' ,: * y� j I. +t.• �' `; t Wm�a 0.� 11.55 Total 14045 ITmal P.fi9
+ ` Q
Wetland a �' -, ° i,�• �, t
.1 Waters, the US
r:
I * ..t- Waters of the US "`
x
Y
,
I�
/ Wetland
Waters of the US
rR'
t
�• �, 0 250 500 1,000
,vf
�i
Welland Waters of the US J r'.y '�'�' - Feet
/ �y . ss—Ao Drawn by: K" 3.14.18; Updated 6.4.18 CEC Project#947
Stream & Wetland Delineation Map
Cleveland County, CLearWater Delineated December 2017
North Carolina (12/4, 12/5, 12/7, 12111, 12112, 12/14, 12/19, 12122),
32 Clayton Street January 3-4 and February 16, 2018
Asheville, North Carolina 28801 Figure 5, Sheet 3

Albemarle- Lithium Mine (+/- ] ] I AU)
Jurisdictional wetlands and waders identified en this map have been In of that
wlmin. GPS terpoints
nts mary emong a teunc nape i l G Positioning System(GPS)and the subsequent gnat differential correGion of that data. GPS po nts may demonstrate uncnreGahle ermn due 10
mpography,vegetative cover.and/or muftpam signal enor. �J� - '" " •
Note: The illustrated wetland and stream locations are approximate. These areas have been flagged In the field;however,they have not been _ - - '� .ds
surveyed Although ClearWater Environmental Consultants, Inc. (CEC)Is confident in our assessment the CIS Army Corps of Engineers - pp.r
(Corps)Is the de only agency that can make final decisionsiwritten
regarding Jtion is obtai wetland and waters c m CIS delineations.at wdeTherefore,all - '4
preliminary m that Corps prior
are subject m change until written ing any
is obtained CEC strongly recommends Nat wdtten verification be 1Nelldnd VUl2 - o
obtained from the Corps prior to closing on Me property,beginning arty site work,or making any legal reliance on this tleterminaWn. W Fuel s ul the LI ti -- ~i�k ay
e a
This map was prepared used
CEC using Me best a boundaries,
available to CEC en the and of production. This map is for i This map
al purposes
only and should be not be used ry determine m depi boundaries,roadways,preperty,boundary lines nor legal descriptions. This map shall not be
consauetl to be an official survey of any dale tlepk[etl. - K � �1. •"i• i
-
Source Data: Project Boundary and Toro are from Cleveland County.Aerial Imagery NCCGIA 2015, Non-Judstllcoonal Man-Made Isolated • `4Et
PontlslPils were drawn via aerial imagery and Feld collected data. .• - ; e
Jur sdo[coal WMer
wanana lAQ Svearl w Q Legend
nerlA
W1 all Wm am s1 IR I =1 794 �s x n _ � � ��.• �.�., s !, ,��
W2 0.001 Vin am 92 99 M2 0.15
W3 O.Om wn Am M 1.915 13w3 9. Data Form R "• \
Wa MR W31 0.11 s1 360 M4 ore •f.
Culvert Project Boundary - _
ws 000a was an ss A139
ws am was a12 5a na _ Non Wetland
w3 am War aol so T3a .uua9 Intermittent Stream
Water of the US
an am Was an v u1
W9 all W39 on s9 113 Y Non-Wetland
will oms Wm 0.10 sto 1m Stream ,1 Water of the US
Wtt awl Wtl 0.10 Sit 1.=
wtz am stz m - wetland 1,t,
W13 2R 513 m
W14 am su 2aa linear Weiland
W15 0.m3 s15 92
W16 am ® Non-Jurisdictional Man-Made Isolated Ponds/Pits'
Wn 123
W18 Mal
W19 ants Open Water
owl
Von
I
W21 n13 p Project Boundary
Imo/ }/(
AlVIV awl
an Contours I Y
WA am
wn am
wzs am 'Isolate " ktan Maul. AndS1PitS: -
wn MID Not WatlrS EOr the State: •.,� - _ - ,�%-
wm am Per James Moore & Alan Johnson 1 " „"; J t >•
_.
wA) am
July 18,2017 Email Communication
L
Tgal 1155 Tdal 14,045 Total 17Ee V 1. • + if
Wetland r // ///\.� _ • ,{
Waters of the US J
n > i - Non-V✓etland - �"� . /f% _r •I �
r!� Intl
_,,. � ��,� br c•IJ',�,{�ir tip;-71,- i-'�. Walcr of lho US -58 ��- � �'.. � �3`% �' e _
F � _
N Wetland
-17
0 250 500 1 ,000
Feet
Drawn-,by,: KAY �Jpda c , _ - j i gam,
Stream & Wetland Delineation Map
Cleveland County, CLearWater Delineated December 2017
North Carolina (12/4, 12/5, 12/7, 12111 , 12112, 12/14, 12/19, 12122),
32 Clayton Street January 3-4 and February 16, 2018
Asheville, North Carolina 28801 Figure 5, Sheet 4

Albemarle- Lithium Mine (+/- 777 AC)
4 _ •It's /• /I/ _ ' ..} JurisdiNonal wetlands and waters identified on this have been located will in
We •k '� i ✓!�/ Wellduttl . / ' 9 . sub-meter accuracy udlzng a Trimble mapping grade Global Positioning System
Waters of the US ,. rv- t�=/-� ,n / (GPS) and the subsequent differential correction or that data. CPS points may -
II i , '�_ / \ W llerti of the US ♦ Wetland =� don wrcate bl nom due totopography. ci tadve cover, and/or
eta ve e
^- —� � / ! /� � �.y � � OW4 Waters of the US _ mWGpam signal error. '1
'�. Nate: The illustrated wetland antl anchor locations are approximate. These areas
have been flagged In the field; however, may have not been surveyed Although
y Non-Wetland / , ;s Yj i "� _ Clearwater Environmental Consultants, Inc. (CEC) is confident in our assessment,
Ne I agency that can make final
x e , r
Waters of the US / r ] -, „c: Non-Wetland us Army corps or Engineers (carps) s the Dory ag y _
`!� I eat ons.
Wffief5 Of the US Thatcher,reel preliminary
li juary deter wetland and waters or change
ge tl
i
Therefore, all preliminary IEC strongly recommends are t tt change unto ionabe -
�. vbtaine fr is he Corpsained. CEC stronglythepr perthat nrthgn y site itbn be
making from the Corps prior is closing on the property,beginning any site work or
+v
' �� `- / ' / � . ' � - !� •• making any legal reliance an this determination.
/! �� J'' / /✓ This map was prepared by CEC for Me best Informational purposes available to CEC a[Ne
us a of poermine This map is for ,roack purposes only un and should not be a,
descriptions
to determine precise all nt bes,roadways,property boundary lines,nu legal 4�
tlesvlpdons. This map shall not be construed to be an official survey or any data
' ,y i� 'py- f ? /^ I / .+ i,• •/ / Source data1 Project Boundary and an- are from Isolated
Cleveland County,Aerial Imagery
/ ,/ / I 1• / ,�, WalerS of the US NCCGIA gary Non field
Collected
Man-Made Isoletetl Pontls/Pils were tl2wn via
�'' � ^, -' � Y '' n 1•- _ � ./ 'i' /� riot imagery and fieltl collected data,
ae
J iammai w«a.
s. . `-- / �; 1 ,.• ,� •/l r- �' R'� l�ls Legend w.,bna(AC) s,reemlo7 mwne,Inc,
It wt
Data F.,' an w3, o s ss rnvt
1 _ r�. ''..i jjt j. Wz aror wiz osoo.,
•" 1. A �a
'- GJ ; • t I, ....it SS✓" �fc / y W] 0.am W33 3e6 53 1.986 (TV3 900
�dt • r a '. - Covert wa as w3+ o,t sao owr aso
R—� L WS M Wl5 a]3 55 I,tE
Wetland t H '�Yr, aaaaaI Incumbent saaam ws am W% air ss in
Waters of the US : ,
1 W >a 3. ✓•� ' 4y .Z. t /(y/ Wig am Wm 0.m $7 41
� �Stream wa am w]a 0.a Se ast
/�' } r 1.. "1 I s :' ,r •� v �°/ • `r✓✓ — U w,a ems we 0,10 Sao ua
//•. I •. } r t :,'-. i � l r4 I� �� - w o m, s,t 1 w4, n,o $R
�Cnear Weuard it
wiz am S12S13 m
®Nm JVISO cllotulManMatle Isolate,fPoMSIPus• W'13 z.0 st] ik
Wetlantl f� 4V , h Rom, t -' �y, / wtn o.m sta zro
Waters of the US ,_ y /'" open water w,s am] sts a
y ! ,/' � wig caw
React Bov,tlary wtz 19
will am wig
,a Conlos w19 0.m]
•.. _ti > / t /" "�5 '�=' i 'Is la[ed Man-Made Ponds/Pits: W21 non
n
/.
$ • . '" / - Not Waters o f the Stale
r i. -wz3 an
Per James Moore & Alan Johnson'Y r ' i" ,- -r Non-Wetland r wza am
st. Water of the US e - July 18, 2017 Finail Communication wzs om
Non-Wetland 1 1,
Wetland Waters of the US t y . �\; ,f rI/ 'I wn 0.1e
Waters of the US _ - ..`r �_. t ',',• Erwal am
in
W ON
9e
]
w. am
IT t� Wetland
t c G
Waters of the US i z. 'a ..i r „yh" /
�'
ti tFj - r�• , +V � - a �., /y/ ..r- ! ,,, 'r 1eY :r �.'S';It 1 r 4
r �. )F_l.r i� �' Y i l ' ,' •I . T„i N. n ,.-a A'r ° .... � D- 1��
` Wetland y 7
' Waters of the US
,; a c j r Protect Boundary y 000
—
r
r
Feet
,r Pown by: KAY'3.14.18; Updated 6.4.18 CEC Protect#947
Stream & Wetland Delineation Map
Cleveland County, CLearWater Delineated December 2017
North Carolina (12/4, 12/5, 12/7, 12111, 12112, 12/14, 12/19, 12122),
32 Clayton Street January 3-4 and February 16, 2018
Asheville, North Carolina 28801 Figure 5, Sheet 5

Albemarle- Lithium Mine (+/- Ill AU)
u V 8'o i1 ^f ]y .. ♦o s - : ! } }' �' 7Y ti "�..,L,�a4.1" '.... �,,;¢� '+':_ /^� ,- / / .S'. '., l � 1
.hinsdnal wetlands and waters identified on this ma have been located tli,
Legend ctio
sub-meter accuracy utilizing a Tnmble mapping grade Global Positioning Sy.t. ,
CPS) and the subsequent differential correction of that dam, GPS points m,y \
tit Rs v' k 4 r"" 4 Data Form demonstrate utrcorrectable errors due to topography, vegetative cover, and/or
multimin signal error.
♦t yv0'r
1 - !' :yr ��'• Culvert Note: The illustrated wetland add stream locations are approximate. These a e:
h i
�! a 'x t , •:�4..r- rri have been flagged In the field however, they have not been surveyed. AIM ugh
t'C'' � , 5, •, .Ap „' ! Stream Clear Water Envms of Engineers
rs(Corps)
is Inc.(CEC)is confident that c in our assessment d eis the
US Pray Corps a(onal wers(Caps)w the only agency that can make final Therefore
s e no
+t
,
regarding jud fermi nt ns are and waters of the US tiled atims. Therefore 011
_� i;� � 14,. •.�, t, .. r•. � •••e n Intermittent Stream preliminary determinations are subject to change until written verification h obtained.
i�-);f e .lu o / CEC strongly recommends mat written verification be obtained from me Corps prior to
c
Welland closing on the property,beginning any site work,or making any legal reliance on this r,
determination.
Linear Weiga
nd 3 e r ry.a,l,fir' y t y. �• ,y This map was prepared by CEC using me best information available should CEC at the
''♦'..� y 'h rt ' - time of determine This map Is fa Infroadways, purposes only and es,n not al
±t ® Non-Jurisdittional Man-Made Isolated Pontls/Pfts' used m determine precise boundariestc roadways, be an boundary lines,nor legal
descriptions. This map shall net be consumed m be an official survey of any data
t t iF a Open Water depicted.
u
® Source Data1 Project Boundary and Tap-are eom Cleveland County.were
eel Im v,
Project Boundary NCCGm imagery
Nonld Coldictedld Man-Made Isolated PondslPiB were drawn ,��
] +dt aerial imagery and field collected date.
7• P ,t , l •` - '`' ;:�� 4 Project Boundary Contours
t Jurisdictional Witter
'Isolated an-A+�atle Ptititis/Pl;q .,Not Waters t
wel(AC) streem(t� Open Water(AQ
41a '�y`e]f` {1g ', $
J 'r' Per James ft3 PFtan 1Q_FTt}1J {I w1 0.11 W31 0.05 S1 1 532 owl 7.94
July 18,2017 oVlication Wz 0.0214 Wiz 0.56 sz as owz 015
W3 0.003 W33 3.D6 S3 4,996 OW3 900
W4 0.52 W34 0.11 S4 360 OW4 060
W5 0.008 W35 0.73 S5 4,139
� r� W6 0.06 W36 0.12 S6 170
d e7 tY } r f;,tnt Y f w7 OX W37 0.01 S1 774
w9 0.03 W39 023 se 451
W9 0.16 W39 D.40 S9 113
' + ,•y .+�' *. $11 - t'F• wit, O.Oos w40 0.10 Slo 146
a �4tk
i`15e ' it - '1 f.C,If$f`' :jlr` -., 37l Will 0.001 coal 0.10 sn 1,879
•.'i ", �y " i.l' 4:1 k \t1j W12 D.09 S12 96
W13 2.72 S13 28
i ,•
f3_• W 71 0.03 514 270
L�.� �� Y�+;£?-'`tom x t
• 4 E' ' 79 f- � - n - ,. L� s I Z ,;r R ^t?�' W75 OJDM S15 92
T. A r` - - yl y I' ) ,4 p ll ,�p�4I'�" 1.ft,l) fAr r r , t Ir a - /" y� rF :. : 2 {, W76 OA04
y i • I1rl >'G ..: '1 ► t v �11� IGy tF s .li t r�•,;1.,. t t .^ W77 7.23
1'4't Nft�i L- 3
t , t � r 4 f �{{ a �"'�� r ' 7 ,}. r kt�. tr�! cola 0.01
AN
1.,, V[' e w19 o.Dos
♦ s 1 t J �� P y� W20 0.28
^.,� 1 r4,... }" .F?1t'it y�,�.. W22 0.01
W23 023
w23 ozl
it �t i 1 , ;,j - •. w24 00
!.I. t 4<1 1 till r 3 '. , ",t §'+.. t 1 1,"v b �{ 1 r "._}', , W25 D.Oe
Fttl'' ' 31L~t fi�4t yf; r: tine tr V s •, -
_ I�r -i' '4 q"
t}kfr s t!'. wze o.a
t 7
s
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r n
11.55 Taal 14.045Tntal 6s
4 tr, �lfl dr x:, 1 � ,K t}- t �✓ 1, � a' � ,� '� h' t
"' .t //• �� �� � y. y 1 , _� �[� ,�i i d �t`''{7{I.�t 7 y e��It^P�: ' � ,�1 .a d r':- -
-^ . `1 : III,
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/ � J' 4 f r F•
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,. 0 250 500 1 ,000
Fro Feet
'
e ! e , ' ,• 4 f}4�ii rp 7 Ir 1 { ii ', raven by: KAY 3.14.18; Revised 6.4,18 1�je #94
till
xl
Stream & Wetland Delineation Map
Cleveland County, CLearWater Delineated December 2017
North Carolina (12/4, 12/5, 12/7, 12/11 , 12112, 12/14, 12/19, 12122)
32 Clayton Street January 3-4 and February 16, 2018
Asheville, North Carolina 28801 Figure 5, Sheet 6

Albemarle- Lithium Mine ( +/- 777 AC)
gY t . w
4' j ♦ 6 - di . Junsdlcbenal accuracy
u :o waters rumble
I no in this map have be,,,
LEgeflCl wbmeter accuracy utilizing a T ami.) mapping grade Global P051h0ring
points c n
1� T __` • + iX. (ome) and the subsequent errors u cto top n of Nat vegetative
ems points may
Defy Fonn demonstrate uncwrectable enors due to topogrephy, vegelauve cover. and/or
' ♦ ' : 1 .' s' �- - t r mu14PaN signal enw.
Non-Wetland �' ':
r
1 $� Waters or the US Culvert Nate: The Illustrated wet and and stream they
av are been suave. These areas
have been flagged In the field; however, they have not been surveyetl, Although
.� eeeee.I Intermittent Stream Clearwater Environmental Consultants, Inc. (CEC)Is confident In ow assessment,
-- Me US Army Corps of Engineers (Corps)Is the only agency Nat can make final
decisions regarding 4udstllcaohal wetland and wafers of Me US de9neaaons
• � ' •~ Stream Therefore, all preliminary determinations we subject to change chat written
PrgeCt BOLIII(I.Ify verification is obtained. CEC strongly recommends that when vindication M:
Welland making any legal relia a on the determination.ained from Me Cow to sing on MePropenY."inning any site work.or
�, / / i' �( r•, ` linear Welland This map was prepared by CEC using the best Information available to CEC at Na
rj
time of production. This map is for informational purposes only and should not ba
%, , �t - used!to determine fairbountlades,roadways,property boundary Noes.net legal
- : ♦ 113 Non-Jurisdictional Man-Made Isolated PoMSIPits'
descriptions.s. This map shall not be construed to be an official survey of any tleta
depicted.
Open Water
-
Spume Data Project Boundary and Tope,Wn-are from Cleveland Coumy,Arms Imagery
Project Boundary NCCGm imagery
Non-J unsected al Man-Made Isolated PontlslPl6 were dravm vi
� • _T ____ aerial Imagery and field collected data.
Contours
Jurisdcdonal Water
v .Isolated 'Marl-Matle SIPi Welfare! A Sawn Weer A Pond is ' ( q tFl( ( L7
Not Waters Id Inc State w1 all seat ties st 532 owl ]a
� m
Per James Moore & Alan Johnson set 0.004 W32 ass S2 w OW2 0.15
Jelly 18, 2017 Fnmll Conlmunlc alinll W3 110M W33 306 S3 4,906 OW3 9110
W4 0.52 W34 0.11 S4 360 OW4 0.60
W5 0.008 W35 0.73 S5 4,139
W6 as w36 alz sfi tm
W7 0.1112 W37 am S7 774
+ / - �y' y ' i ;,. I• •.f r ., we 0m w38 03 se 451
W9 0.16 W39 a40 s9 113
4 W10 0.005 sea 0.10 s10 146
Wit OA01 W I7 0.10 S71 1.a'�
fi
s1 - W12 0.09 S12 96
W73 272 513 20
+• )1 f�' >`�.' t,`r,y3; � 4f W 14 0.10 S14 270
im
"tl e 3r.. 4 tt !r'C • I " Wls a Sls 92
d4 T;}°fit W17 ao�i
, w�^ w19 om
Jj" Win+ � 14 .. 9 s X fr 4�)f1 t 1 n 0.13
s2 b .d k �'yp
'II < h, �G i•11 qa d F r T�y {" WT2 0.m1}
*r s 1
} a1 .t` � 2'y 14:,µ, " r i1 yst3�1 .. 'tV•-, �Y(: �� � wn 0.23
7. R 1 � y W24 am
s 5. �ir t ,','•1+ td r ft ,,.. t/ tr _ ). ; W25 0.0111
W26 0.07
Wn 0.10
S4 1 ♦{ii !S
it
W28 a94
+ 4. s iv k I �: il „ w29 0.04
1;� . . t a M1 1 k , w39 9.08
1Mal 11 55 Total 14.045 Total
4Z.
N
0 250 500 1 ,000
Feet
��n i Y' ' 1 it � L�'' r� '-' ' rfii� .... ., �. F•
k Drawpby[,CAY:3.14,18; Updated 6.4.18 CEC Project# 947
Stream & Wetland Delineation Map
Cleveland County, CLearWater Delineated December 2017
North Carolina (12/4, 12/5, 12/7, 12111, 12/12, 12/14, 12/19, 12122),
32 Clayton Street January 3-4 and February 19, 2018
Asheville, North Carolina 28801 Figure 5, Sheet 7