20071250 Ver 2_Individual_20080407

CLEARWATER ENVIRONMENTAL CONSULTANTS, INC.
0
April 2, 2008
Mr. David Baker
US Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-2638
Ms. Cyndi Karoly
NC Division of Water Quality
1650 Mail Service Center
Raleigh, North Carolina 27699
RE: The Unimin Corporation
Hawkins Mine Stream Relocation
Spruce Pine, Mitchell County, North Carolina
Mr. Baker and Ms. Karoly,
D ~~~~
APR 7 2008
~~.WSTORMWA RB-~C.W
~~ps a~° .
The attached Individual Permit application is being submitted on behalf of The Unimin
Corporation (Unimin). Unimin current operates the Hawkins Mine near Spruce Pine in Mitchell
County, North Carolina and is seeking permit authorization for impacts associated with
development of a mine waste disposal area.
Should you have any questions regarding the attached permit application and supplemental
information please do not hesitate to contact me at 828-698-9800. A copy of this package has
been sent to Mr. David McHenry of the NC Wildlife Resources Commission and Mr. Bryan
Tompkins of the US Fish and Wildlife Service for review. A copy of this application has also
been submitted to Mr. Kevin Barnett of the NC Division of Water Quality, Asheville Regional
Office.
Respectfully,
~~~>~~
Rebekah L. Newton
Project Biologist
Copy Furnished:
NC Division of Water Quality -Kevin Barnett
NC Wildlife Resources Commission -David McHenry
US Fish and Wildlife Service -Bryan Tompkins
~-
R. Clement Riddle, P.W.S
Principal
718 Oakland Street
Hendersonville, North Carolina 28791
Phone: [phone] Fax: [phone]
~Ee
www.cwenv.com

_~. _
~.
Individual Permit Application for
off- -as~ v~
U.S. Armv Corps of Frrgineers
Section 404 Permit
~.
North Carolina 401 Water (duality Certification
April 2008
Applicantm
Attn: Mike Vencill
PA. Boy 588
7638 Highway 226 South
Spruce Pine, N(~° 28777
Project:
Quartz/I'eldspar Piant
Prepared l?r
Clearwater En~il-c-nmental ('onsultants, Inc.
718 C)akland Street
Hendersonville, ~lorth ('arolina 28791.
828-ti98-9800
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2ati$
ppR ~ -c~µu'~~e
t~°SK~sso~P~
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Apr. 3. 2008 10:24AM UNIMIN SCHOOLHOUSE QIJARTZ PLANT No. 1541 P. 2
O`7- ta,5~ Y2.

•
•
APPLICATION FOR DEPAItTMY';hIT OF TKE ARMY PERMIT OMB APPROVAY. N0.0714003
33CFR 325) Expires Qctober 1996
Public rppmting burden for this collection od information is estimated m average 5 hours per responac, including the time for reviewing inswctiona, searching existing
data aonrses, gathering and maintaining the data needed. and oompledng and reviewing the collection of information. Send commcnta regarding this burden ratirnate a
ally other aspect of this collCCtion of iafotwation, inohrdirrg suggespons for reducing [his burden, m DcparUnenl of DeRens~ Washington headquarters Service
ITinoctorate of Iafamatfon Operations and Reports, 1213 Jefferson Davis highway, Suite 1204, Arlington, VA 222(YL-A302; and to the Office of Managernrnt and
Budget, I'sperwork Redtwtion i'rojca (0710-0003), Washington, DC 20503. Please DO NOT RR'[tTf2N your form to eiither of those addresser;. t„omplcted
a lications must be submitted to the District Navin 'uriadiction over the location of the sad activit .
PRIVACY ACT STAT1aM13NT
Authority: 33 USC 401, Section 10; 1413, Section 404. Rirrcipal Purpose: These laws require permits authorizing activiots in, or affecting, navigable wsttos of the
United States, the discharge of dredged or Sll material into waters of the Unaed States, and the rranspnNBlion M dredged material for the purpoec of duarping it into
ocean waters. Rwaae Uses; Informafioa provided on this form will be use in evaluating [he applica0ion far a pcrtnit Disclosure: Disclaatue of rtquested information
is voluntary. If information i8 cot provuied, however, rite permit application Cannot be processed nor Can a perrmit be issued.
One sal of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached m this application (see eamplc
drxcvmgs and instructions) and be submitted to the District Engines[ having jurisdiction over the location of the propaced ea%viry. An application that is not completed
in (irll will be retwmed.
QT'BMS 1 T13RC7 4 TO BB FII.LED BY TIDE CORp5)
1. APPLCCATION NO. 2. FIELD OFFICE CODE 3. DATE RECEIVED 4.DATE APPI..ICATION RECEIVED
(ITEM3 BELOW TO BR I+TI.L6D BY APT'LI(,Ahl'i)
S. Al'PL.ICANTS NAM>r 8. AUTHOR>2BD AGENTS NAME & TTTt~ (an agent is not requited)
Unimin Caaparation G1.EARWATER ENV'II20NMENTAL CONSULTANTS, INC.
Attn: Mr. Miles Vcneill ATTN: R. Clement Riddle
6. APPLICANT"S ADDRESS 9, AC,ENT'S ADDRESS
7638 NC Highway 226 Swth 718 Oakland Street
Spruce Pine, North Carolina 28777 IfendcrsonviCle, Nortkt Carolina 28792
7. APPLICANT'S PhON> NOS. W/AREA t~ODP 10. AOENT'S PHONE NOS. 'GVYAREA CODE
s. Residence N/A a. Residence N/A
h. Tlusiness (828) 763~i251 b. Buain~as (828) 698A800
11. SCA7TME'NT OI? AUTHORIZATION
1 hereby authaixe, R. Clement Riddle and C1earWater Environmontal Consultants, Trrc., to act on my behalf es my egealt in the proocesing of this applicaeion sad to
furnish, upon regaest, supplemental iufamntion in support of this permit application.
~~`7 l/,~ ~3 f d~
APPLICANTS SIGNATURE DAT'T:
12. PROJECT' NAME OR 777"IE (see insYrYUxiosrs) -
Uhirain Corporation 17-r"`
Hawkins Mine Scream Relocation
L 3. NAM)r OF WATERBOAY, IP KNOWN (if applicable)
ITC North Toe River 14. PROJI3CT STREg'I' ADDRESS (if applicable)
US Highway 226 South

15. LOCATION OF PROTECT
North of US Highway 226, north of downtown Sptute Pinc in Mitchel! County,
Nash Carolina
16.OTHER LOCATION Di/SCRIP'T10NS, IF KNO'OVN. (see "Directions to the Sitc" below)
The site is located north of downonwn Spruce Pinc within fhe existing Uni.min Catporation T-Tawkins Mine site in Mitchell County, Nonh Carolina
17. D[RECTTONS TO TI1E SITE
To access the sin from Asheville talcs US highway 19/23 Nosdr (Flrturri I-26) m Exit 9 (175 highway 1.9)- Continue oa US Highway 19 East to Bootee Pine and rum
left tmto NC highway 226 North. 1'he Unimin Corporation office will De to the south of NC highway 226. The mitre and project site are located north of NC Highway
226 across from the mine oflsca
~~~Vl ~ U
UENR - WA1ER DUAU~'
t~~NDS AND $T~~ATER BRAS

Apr. 3. 2008 10:25AM UNIMIN SCHOOLHOUSE QUARTZ PLANT No. 1547 P. 3
19. Alature of Activity (Despiption of project, include all feaq)tes)
The project wi11 incledc the dtvdopmcot of a mine waste iiarNal arts. Sec artaehed description.
19, Projeq Purpose (Describe the reason err purpose of the project, see inspvctinos)
The purpose of the proposed project is to relocate existing So'eam channels [o facilitate the development of a mine waste disposal area at the Unimin
Cocporation'a llacvkins Mine. Sec ataached description.
USE BLOC1<CS 20-22 IF DREDOIED AND/OR FILL MATISIr>!AL Iti'1v na urauan
20. Reaeon(s)for Discharge
'fhe pr~o}xrsed activities are neceaaazy to provide high ground for the mina waste disposal area See attached description
21. Type(s) of Matrsial )being Discharg.d and tho Amount of Each 7`)pe rn Cubic Yards
Made! being discharged will be in the form of mine waste. Only clean waste material, absent of debris, will ire placed on site.
22. Surface Arta in Acme of'CWctlands or Other'W'atets Filled (see in~trctione)
Approximately 6,495 linear feet of stream chamrCl, 0.0%3 acres of wetlands, end 0.81 acres of open water will be impacnxi by the development of the mine
waste disposal area. See attached des~iiption.
23. 1s Any Portion ofthe't4'ork Already Ctnnpleted7 Yee No IF YES. DFSCRIBE'tFIE COMPLETEb'V'J'ORK
24. Addrosses of Adjoining Property Owners. Irassaes, Etc.,'WYtose Property Adjoins the Waterbody (lf morn than can bg entered berg ;.
a supplemental list).
See attached list.
25. list of Other C~ificationa or ApprovalslDenials Received from other Federal. State or Local Agcrtcies for work beseribed in This
AGENCY 1"Y>yE AppROVAI.• IDEN'I'IFTCATION N DATE APFLIF~ DATE API~1R0'IsED DATE DENIED
26. Application is hereby made for a permit or permits ro authotiTe the walk describes in Ibis tipplicsxion. I certify that the informuion in this
applicatinn is cotttpltte and accurstc. I fbtther c~dfy the[ I possess the au ~ to undertake the work dcxnbed herein or am acting u the duly
authtaized applicant. ~-
SIGNATUBE OB APPIf.ICANP DATE SIGNATUBE OB AGENT DA
The application must be signed by the person who desires m ondertak0 the ptnposed activity (applicant) ar it may be signed by a duly eutltorizrd agent if
the statement in block 11 has been filled out and signed.
l8 l).S.C. Section 1001 provides that: Whoever. in any manner within the jnrisdicrion of any deparoment ar agency of the United States lmowin~y and
willfully falsifies, conceals. or covers up any trick, scheme, or disguises a material feu or makes any false, tictibaus ~ fraudulent statements ar entry. shall
6c fined not marts than $ i 0,000 or imprisoned not mace than five yeats or nosh.
•

R A Dickson
PO Box 458
Gastonia, NC 28053 .
PIN# 0891-00-02-7941
Thea & Michael Buchanan
39 Phil Bunchanan Rd
Bakersville, NC 28705
PIN# 0880-11-67-6498
Penland Bailey Co, Inc
c/o AI Chrismon
1959 N. Peachaven Rd #192
Winston-Salem, NC 27106
PIN# 0881-00-62-6742.4
•
Unimin Corporation
Adjacent Landowners
Joshua McKinney
PO Box 162
Spruce Pine, NC 28777
PIN# 0880-11-77-4107
Nancy Tipton
66 Phil Buchanan Rd
Spruce Pine, NC 28777
PIN# 0880-11-67-5348
K-T Feldspar, Inc
PO Box 309
Spruce Pine, NC 28777
PIN# 0881-00-84-3193
Keith and Lisa McKinney
89 Phil Buchanan Rd
Spruce Pine, NC 28777
PIN# 0880-11-67-8464
Feldspar Corp
PO Box 99
530 Altapass Rd
Spruce Pine, NC 28777
PIN# 0881-00-91-5260
Samuel Cook & Kenny Gail
281 Pine Branch Rd
Spruce Pine, NC 28777
PIN# 0881-00-60-1140
•

•
TABLE OF CONTENTS
1.0 INTRODUCTION TO PROJECT ........... 4
1
1 ........................................................................
Project Locati
. on .................................................................................................................................... .... 4
1.2 Jurisdictional Waters ................................................................................................................................. 4
2.0 BACKGROUND ...................................................................... 5
2
] ..........................................
Prior Project Hi
t
. s
ory ............................................................................................................................... ... 5
3.0 EXISTING SITE CONDITIONS ...................................................... 6
3. ] ............................
Natural Community Types ..................................................................................................................... ...
... 6
3.2 Perennial Streams ................................................................................................................................... ... 8
3.3 Soils ........................................................................................................................................................ ...8
3.4 Fish and Wildlife Use of the Project Site ............................................................................................... ... 8
3.5 Threatened and Endangered Species ...................................................................................................... ... 8
4.0 PROJECT PURPOSE ............................................................. 10
....................................... .
5.0 PROPOSED PROJECT .......................................................... 11
5.1 .......................................
Stream Relocation ............................................................................................................................
.. .
11
6.0 .
...
DISCUSSION OF ALTERNATIVES ........................................
... .
13
6
] .
...............................
Avoidance .
. .............................................................................................................................................. . 14
6.2 Minimization .......................................................................................................................................... .18
6.3 Alternatives Conclusion ......................................................................................................................... . 19
7.0 CONCEPTUAL NIITIGATION PLAN ........................................... 20
7.1 ..............................
Self-Mitigating Stream Relocation .......................................................................................................... 20
7.2 NC Ecosystem Enhancement Program (EEP) ......................................................................................... 20
7.3 Summary .......................................................................................................................... 20
• 8.0 .......................
US ENVIRONMENTAL PROTECTION AGENCY 404(b)(1) GUIDELINES........ 22
8. ] Factual Determination ............................................................................................................................. 22
8.2 Potentia] Impacts on Physical and Chemical Characteristics of the Aquatic Ecosystem ........................ 22
8.3 Potential Impacts to Biological Characteristics of the Ecosystem ........................................................... 23
8.4 Potential Impacts on Special Aquatic Sites ............................................................................................. 24
8.5 Potential Effects on Human Use Characteristics ..................................................................................... 26
8.6 Summary ................................................................................................................................................. 27
•

• 9.0 PUBLIC INTEREST CONSIDERATIONS .................................................................. 28
1
9 Conservation
. ............................................................................................................................................ 28
9.2 Economics ............................................................................................................................................... 28
9.3 Aesthetics ................................................................................................................................................ 29
9.4 General Environmental Concerns ............................................................................................................ 29
9.5 Wetlands .................................................................................................................................................. 29
9.6 Historic Properties ................................................................................................................................... 29
9.7 Fish and Wildlife Values ......................................................................................................................... 29
9.8 Flood Hazards ......................................................................................................................................... 30
9.9 Floodplain Values ................................................................................................................................... 30
9.10 Land Use ................................................................................................................................................. 30
9.11 Navigation ............................................................................................................................................... 31
9.12 Shore Erosion and Accretion ................................................................................................................... 31
9.13 Recreation ............................................................................................................................................... 31
9.14 Water Supply and Conservation .............................................................................................................. 31
9.15 Water Quality (Stormwater Management) .............................................................................................. 31
9.16 Energy Needs .......................................................................................................................................... 31
9.17 Safety ....................................................................................................................................................... 31
9.18 Food and Fiber Production ...................................................................................................................... 31
9.19 Mineral Needs ......................................................................................................................................... 32
9.20 Considerations of Property Ownership ................................................................................................... 32
9.21 Needs and Welfare of the Public ................................................................ 32
.............................................
10
0 SECONDARY AND CUMULATIVE EFFECTS
. ......................................................... 33
11.0 SiJNIlViARY
......................................................................................................................34
•
•

. LIST OF FIGURES
1. Vicinity Map (8x10)
2. USGS Topographic Map (8x10)
3. USDA Soils Map (8x10)
4. Alternatives Analysis Map (8x 10)
5. Hawkins Mine Stream Relocation Key Sheet and Detail Sheets (11 x 17)
6. Hawkins Mine Overview (11 x 17)
7. Project Site Overview (24x36)
LIST OF APPENDICES
Appendix A Jurisdictional Determination Information
Appendix B Prior Agency Correspondence
Appendix C Threatened and Endangered Species Assessment
Appendix D Confluence Engineering, PC Memo and Plan Sheets
Appendix E EEP Letter
•
•

. 1.0 INTRODUCTION TO PROJECT
The Unimin Corporation proposes to relocate stream channels to facilitate the
development of a mine waste disposal area at the existing Hawkins Mine. The project,
known as the Hawkins Mine Stream Relocation, will include the relocation of stream
channels on site.
1.1 Proiect Location
The Hawkins Mine Stream Relocation is located north of downtown Spruce Pine
in Mitchell County, North Carolina. To access the site from Asheville, take US
Highway 19/23 North (Future I-26) to Exit 9 (CJS Highway 19). Continue on US
Highway 19 East to Spruce Pine and turn left onto NC Highway 226 North. The
Unimin Corporation office will be to the south of NC Highway 226. The mine
and project site are located north of NC Highway 226 across from the mine office.
A site vicinity map and USGS topographic map are attached for review (Figures 1
and 2).
1.2 Jurisdictional Waters
Streams within the project boundary include unnamed tributaries to the North Toe
River. The North Toe River flows into the Nolichucky River, which is a tributary
to the French Broad River. The French Broad River is a navigable-in-fact water
at the Wilson Bridge southeast of Brevard. The unnamed tributaries are classified
• by the NC Division of Water Quality (DWQ) as class "C, Tr" waters.
There are several wetlands located within the project boundary. The majority of
the wetlands are small headwater seeps contiguous with their associated channel.
There are four ponds located within the project boundary. These ponds were
constructed for the purpose of collecting runoff from the adjacent mine and
harvesting process water for mine operation. Water is also pumped from the
ponds and sprayed onto mine roads for dust suppression.
A jurisdictional stream and wetland map, JD forms, and wetland data forms are
attached for review (Appendix A). The site contains the following amounts of
jurisdictional waters within the project boundary:
(ln_city Tntalc
Feature Amount Unit
Stream 9,710 linear feet
Wetlands O.10 acres
O en Water 1.44 acres
An "Existing Site Conditions" section (Section 3.0) has been included in this
application for review and further describes the jurisdictional waters on site.

4

2.0 BACKGROUND
Mitchell County is known in the mining industry as the Spruce Pine mining district.
Small mines produced gemstones, kaolin, feldspar, quartz, and mica in the late 1880's
and early 1900's. Gemstone mining proved unsustainable, and the move away from
mica-based electrical conductors to quartz-based semiconductors caused many small
mines to close. Development of the railroad caused the town of Spruce Pine to grow and
become the industrial center of the county, as well as, open the area to large-scale mining
operations. Mineral resources currently mined in this district include mica, feldspar, and
quartz. As of 1996, three mining companies, operating five mines, extracted
approximately 35% of the nation's production of feldspar; and approximately 95% of the
nation's supply and approximately 65% of the world's supply of ultra-pure quartz. Mica,
to a much smaller extent, is also still mined. The Unimin Corporation was founded in
1970. The Spruce Pine mining district leads the nation in production of high-quality
quartz used for semiconductors and crucibles.
2.1 Prior Project History
The Unimin Corporation received a "Notification of Jurisdictional Determination"
from the US Army Corps of Engineers (Corps) for the Hawkins Mine Stream
Relocation project site on March 10, 2005; Action ID 200531353. This letter
verified that waters of the US existed within the project boundary and suggested
that these areas be delineated. The "Notification of Jurisdictional Determination"
is attached for review (Appendix B). C1earWater Environmental Consultants, Inc.
• (CEC) was hired to conduct a delineation of the project area. The site was
delineated on May 1 and 2, 2007. Marks Enterprises of NC, PLLC submitted a
permit application to the Corps and DWQ on behalf of the Unimin Corporation
for the development of a mine waste disposal area and stream relocation project
on July 6, 2007. Action ID 2007-2345-361 and DWQ Project # 07-1250 were
assigned to the project. The DWQ issued a "Request for More Information" on
July 20, 2007. Marks Enterprises of NC, PLLC submitted additional information
to the DWQ on October 12, 2007. The DWQ issued a "Return of Application
Package" on October 15, 2007. By this letter, DWQ withdrew the application.
All DWQ correspondence is attached for review (Appendix B). On February 6,
2008, CEC and Confluence Engineering, PC met with representatives of the
Corps, DWQ, and the US Fish and Wildlife Service (FWS) to discuss the project
and future re-application. By letter dated March 13, 2008, CEC and the Unimin
Corporation requested that the Corps withdraw the previous permit application
submitted by Marks Enterprises of NC, PLLC.

5

3.0 EXISTING SITE CONDITIONS
The project site consists of an operational mine and wooded areas. The site is relatively
steep with elevations ranging from 2,725 feet to 3,950 feet above mean sea level (MSC).
Several natural communities are present on site; each natural community is discussed
below.
3.1 Natural Community Types
During the site visits, the following five habitat types were identified within the
project boundary: heath bald rock outcrop, rich cove hardwood forest, pine-oak.
heath, emergent wetlands, and riparian forest. The following is a summary of
each of the five habitat types identified on site. The complete habitat assessment
can be found within the "Threatened and Endangered Species Assessment" which
is enclosed for review (Appendix C).
3.1.1 Heath Bald Rock Outcrop
This small xeric community is to the east of the waterfall at the bottom of
the main tributary. Stunted trees such as sassafras (Sassafras albidum),
service berry (Amelancheir arborea), blackgum (Nyssa sylvatica),
sourwood (Oxydendrum arboreum), white pine (Pinus strobus), pitch pine
(Pinus rigida), and Carolina hemlock (Tsuga carolina) grow in a thin mat
of soil and lichens. Ericaceous shrubs such as blueberry (Vaccinium
• stamineum), doghobble (Leucothoe axillaris), mountain laurel (Kalmia
latifolia), great rosebay (Rhododendron maximum), huckleberry
(Gaylusaccia ursine), and fetter-bush (Leucothoe recurva) grow in colonies.
A sparse herb layer is comprised of trailing arbutus (Epigea repens),
coreopsis (Coreopsis major), and wintergreen (Gaultheria procumbens).
3.1.2 Rich Cove Hardwood Forest
This mesic community was observed on moist sites in the coves and
drainage ways of the perennial and intermittent streams on site. Species
observed in the overstory include tulip poplar (Liriodendron tulipifera),
red maple (Ater rubrum), and Canadian hemlock. Other trees observed
include northern red oak (Quercus rubra), striped maple (Ater
pensylvanicum), chestnut oak (Quercus prinus), silver maple (Ater
saccharinum), sugar maple (Ater saccharum), shagbark hickory (Carya
ovata), mockernut (Carya tomentosa), ash (Fraxinus pensylvanicum),
Fraser's magnolia (Magnolia fraseri), and yellow buckeye (Aesculus
jlava). Plants observed in the shrub layer include mountain rosebay
(Rhododendron catawbiense), sweet shrub (Calycanthus jloridus), witch
hazel (Hamamelis virginiana), and mountain laurel. Species observed in
the herbaceous layer include blood root (Sanguinaria canadensis),
Solomon's Seal (Polygonatum biflorum), mandarin lily (Disporum
lanuginosum), trillium (Trillium spp), sarsaparilla (Aralia racemosa), lily
• (Cilium spp), grape fern (Botrychium virginianum), poison ivy
6

. (Toxicodendron radicans), Virginia creeper (Parthenocissus
quinquefolia), showy orchid (Orchis spectabilis), rattlesnake plantain
(Goodyera pubescens), and common greenbrier (Smilax rotundifolia).
3.1.3 Pine-Oak Heath
This mesic to xeric community is found along the ridges, with sections along
the central eastern and central western portions of the property. Trees
species observed include white oak (Quercus alba), black oak (Quercus
velutina), northern red oak, southern red oak (Quercus falcate), white pine,
Virginia pine (Pinus virginiana), Carolina hemlock, and eastern hemlock
(Tsuga canadensis). Species observed in the shrubs layer include mountain
laurel, rhododendron (Rhododendron maximum), blueberry, and
huckleberry.
3.1.4 Emergent Wetlands
This moist to saturated community type is associated with riparian
corridors and was observed in the southern sections of the property. This
habitat is defined as emergent wetlands that are permanently or semi-
permanently saturated. Tree species observed around the perimeter of
these water bodies include red maple, yellow birch (Betula lutea), and
black willow (Salix nigra). Species observed in the shrub layer include
tag alder (Alnus serrulata) and silky willow (Salix sericea). Annual and
perennial herbs observed on site include groundsel (Senecio aureus),
shallow sedge (Carex lurida), fringed sedge (Carex crinita), pointed
broom sedge (Carex scoparia), foxtail sedge (Carex vulpinoidea), soft
rush (Juncus effusus), green bulrush (Scirpus atrovirens), spike rush
(Eleocharis obtusa), cattail (Typhus latifolia), and monkey flower
(Mimulus sp).
3.1.5 Riparian Forest
This habitat is varied and often contains mesophytic and hydrophytic
species. Communities include tributaries in the bases of coves or at the
toes of the slopes. Tree species observed along the stream banks include
eastern hemlock, red maple, and tulip poplar. Shrubs observed in this
habitat include rhododendron, pepperbush (Clethra acuminata), and
spicebush (Lindera benzoin). Species observed in the herbaceous layer
include coneflower (Rudbeckia laciniata), bugleweed (Lycopus sp),
goldenrod (Solidago sp), and stiff cowbane (Oxypolis rigidior).
•
7

• 3.2 Perennial Streams
Freshwater habitats include the streambeds and banks of unnamed tributaries to
the North Toe River. There are approximately 9,710 linear feet of stream channel
within the project boundary. In general, these tributaries flow north to south and
eventually into the North Toe River. The site is approximately 1.7 miles from the
North Toe River. Streams and wetlands within the northern and central portion of
the property are bordered by mature riparian forest. The stream channel at the
most southern portion of the property is adjacent to the existing mine; buffers
along this portion of stream have been altered. Stream channels were delineated
on May 1 and 2, 2007. A copy of the stream and wetland map is included for
review (Appendix A).
3.3 Soils
The Hawkins Mine Stream Relocation project site is located within the Mountain
physiographic region of North Carolina and more specifically the Southern
Crystalline Ridges and Mountains Ecoregion. Soil series present on site include:
Ashe, Cleveland, Cashiers, Cowee, Evard, Fannin, Saunook, Thunder,
Udorthents, and Watauga. A soils map and legend have been attached for review
(Figure 3).
3.4 Fish and Wildlife Use of the Proiect Site
It is assumed that wildlife species inhabiting the site include those typically found
in the forest types of the region previously described above. The project site has
active mining operations to the east and the west. Although site-specific studies
documenting species utilization of the Hawkins Mine Stream Relocation project
area have not been conducted, general observations of wildlife use were recorded
during site visits. Turkey tracks are abundant on site and readily observable.
3.5 Threatened and Endangered Species
The FWS and the North Carolina Natural Heritage Program (NHP) were
contacted regarding known or potential occurrences of federally listed threatened
or endangered species or their critical habitats found within the Hawkins Mine
Stream Relocation project boundary. Eleven species are known to occur or have
the potential to occur in Mitchell County. An office review of topographic maps
and aerial photography, as well as, a pedestrian survey of the site did not indicated
potential habitat for listed species. In addition, no species were observed. A
comprehensive threatened and endangered species survey has been prepared and
is included for review (Appendix C). The report is a summary of studies
conducted by CEC. The report describes habitats found within the project
boundary and addresses the potential for the site to support listed species.
•
8

Upon completion of threatened and endangered species habitat assessment for the
Hawkins Mine Stream Relocation project site, no listed species were observed. It is
the opinion of CEC that federally protected species are not likely to be present
within the project boundary. As such, the proposed Hawkins Mine Stream
Relocation project is not likely to cause an adverse impact to any federally
threatened or endangered species or their critical habitat.
•
•
9

• 4.0 PROJECT PURPOSE
The basic project purpose of the proposed project is to provide an area to store waste by-
products generated by mining activities. More specifically, the overall project purpose of
the proposed project is to develop a mine waste disposal area to store by-products
generated by mining activities that is within the property boundaries of the existing mine
and does not require extended hauling distances.

i
l0

• 5.0 PROPOSED PROJECT
The applicant proposes to permanently impact 6,485 linear feet of stream channel, 0.073
acres of wetlands, and 0.81 acres of open waters to achieve the previously stated project
purpose through the development of the Hawkins Mine mine waste disposal area.
Streams on site will be relocated into a newly designed channel totaling 4,495 linear feet.
Impacts have been identified on the site plans, which are enclosed for review (Figures 5,
6, and 7).
5.1 Stream Relocation
The proposed relocation involves construction of approximately 4,495 linear feet
of stream channel using natural channel design along the eastern edge of the
proposed mine waste disposal area. The proposed alignment passes over steep,
generally wooded terrain. Channel slopes will range from approximately 2
percent to over 25 percent, with typical slopes ranging from 13 percent to 15
percent. The existing streams exhibit astep-pool morphology typical of steep
mountain streams. Grade control is present in the form of clusters of cobbles and
tree roots. Maximum stream depths are generally 12 to 18 inches, and bankfull
widths range from approximately 8 to 13 feet. The design channel will attempt to
replicate the natural form and grade control observed in the existing streams. An
upland buffer will be placed along the relocated stream reach. Vegetated buffer
widths generally exceed 30 feet and in some cases exceed 100 feet from the top of
• bank. Some buffer widths are constrained on the east side of the project near the
Hawkins Mine property boundary. Upland buffers on site will total
approximately 18 acres. A general overview of the proposed relocation is
provided by Confluence Engineering, PC and is included for review (Appendix
D). Permanent fill impacts associated with the stream relocation are list in the
table below.
•

•
•
•
Jurisdictional Impacts
Stream Wetland O en Water
Im act Linear Feet Im act Acres Im acts Acres
A 1,739 B 0.001 R 0.09
C 121 D 0.01 U 0.37
E 172 F 0.03 X 0.35
H 1,091 G 0.002 Total 0.81
I l 90 K 0.02
J 48 S 0.01
L 69 Total 0.073
M l09
N 853
O 106
P 50
Q 370
T 306
V 446
W 284
Y 339
Z 192
Total 6,485
12

• 6.0 DISCUSSION OF ALTERNATIVES
This discussion of alternatives is submitted by the applicant to assist the Wilmington
District, Corps in evaluating the application for authorization to discharge dredged or fill
material into waters of the United States, including wetlands, under Section 404 of the
Clean Water Act, 33 U.S.C. § 1344 at the Hawkins Mine Stream Relocation project.
An analysis of the Section 404(b)(1) Guidelines (Guidelines) requirements for
consideration of alternatives as required by 40 C.F.R. 230.10(a) is set forth below.
The Guidelines' alternatives requirements provide that "no discharge of dredged or fill
material shall be permitted if there is a practicable alternative to the proposed discharge
which would have less adverse impact on the aquatic ecosystem, so long as the
alternative does not have other significant adverse environmental consequences." [See
40 C.F.R. 230.10(a) (emphasis added).] The record must contain "sufficient information
to demonstrate that the proposed discharge complies with the requirements of Section
230.10(a) of the Guidelines. The amount of information needed to make such a
determination and the level of scrutiny required by the Guidelines is commensurate with
the severity of the environmental impact (as determined by the functions of the aquatic
resource and the nature of the proposed activity) and the scope/cost of the project." [See
Corps/EPA Memorandum to the Field "Appropriate Level of Analysis Required for
Evaluating Compliance with Section 404(b)(1) Guidelines Alternatives Requirements," p.
• 2, dated August 23, 1994, hereinafter the "Memorandum."] As noted in the
Memorandum on pages 3-4, the 404(b)(1) Guidelines "only prohibits discharges when a
practicable alternative exists which would have less adverse impact on the actuatic
ecosystem." [See Memorandum.] "If an alleged alternative is unreasonably expensive to
the applicant, the alternative is not practicable." [See Guidelines Preamble, "Economic
Factors," 45 Federal Re ister 85343 (December 24, 1980).]
Practicable alternatives for the project are those alternatives that are "available and capable
of being done after taking into consideration costs, existing technology, and logistics in
light of overall project purposes." [See 40 C.F.R. 230.10(a)(2).] Clarification is provided
in the Preamble to the Guidelines on how cost is to be considered in the determination of
practicability. An alternative site is considered "available" if it is presently owned by the
applicant or "could reasonably be obtained, utilized, expanded or managed in order to
fulfill the basic purpose of the proposed activity." 40 C.F.R. § 230.10(a)(2).
Our intent is to consider those alternatives, which are reasonable in terms of the overall
scope and cost of the~roposed project. The term economic [for which the term "costs"
was substituted in the final rule] might be construed to include consideration of the
applicant's financial standing, or investment, or market share, a cumbersome inquiry
which is not necessarily material to the objectives of the Guidelines.
•
13

The Environmental Protection Agency (EPA) 404(b)(1) Guidelines state that, "we have
chosen instead to impose an explicit, but rebuttable presumption that alternatives to
discharges in special aquatic sites are less damaging to the aquatic ecosystem, and are
environmentally preferable." Of course, the general requirements that impacts to the
aquatic system not be acceptable also applies. This presumption "...contains sufficient
flexibility to reflect circumstances of unusual cases" (249 Fed. Reg., 85339, December
24, 1980). It is clear from these stipulations that a preferable alternative may allow
filling in certain wetland areas and subsequent mitigation and/or management of other
areas.
6.1 Avoidance
The Unimin Corporation was willing to considered sites other than the proposed
project site for development of a mine waste disposal area at the Hawkins Mine.
A set of criteria was developed to aid in the search for a site and ultimate selection
of a site.
6.1.1 Site Criteria
A. Location
In order to meet the stated project purpose, it is imperative that the
project be located at least within the immediate vicinity of the
existing mine, if not within the existing facility. This is necessary
to minimize hauling distance and transport cost.
• B. Holding Capacity
The Unimin Corporation desires a disposal site that will hold 3.5 to
4 million tons of mine waste. This capacity will provide the mine
with enough disposal space to be fully operational for an additional
10 years, approximately.
C. Site Accessibility
The mine waste disposal area needs to be easily accessible to large
dump trucks without impairing mine operations.
_6.1.2 Proiect Alternatives
The project as proposed, along with six alternatives, were considered
when determining the most practical alternative.
A. No-Build
Currently, because there is limited disposal space at the Hawkins
Mine, the KT Feldspar Corporation, a competing mine, has agreed
to allow the Hawkins Mine to utilize the KT Feldspar mine waste
disposal area for the time being. To initiate the contract, the
Unimin Corporation was required to pay $50,000 to the KT
Feldspar Corporation. In addition, the KT Feldspar Corporation
bills the Unimin Corporation to dispose of mine waste at their
• facility at a cost of $0.06 per ton. Last year, the Hawkins Mine
14

. generated 354,000 tons of waste; this amounts to approximately
$21,240 in disposal cost alone. Currently, it costs approximately
$2.50 to haul 1 ton of material to the KT Feldspar Corporation
mine waste disposal area approximately 1 mile away.
Approximate hauling cost, independent of the disposal fee, totals
$885,000. In the current situation, waste disposal is costing the
Unimin Corporation approximately $906,240 per year.
The KT Feldspar Corporation mine waste disposal area only has
capacity for an additional 6-7 years when taking into consideration
that waste material from two mines is being serviced by one
disposal site. The development of an additional waste area at the
Hawkins Mine will prolong the life of the KT Feldspar
Corporation mine waste disposal area, as well as, cut hauling and
disposal costs for the Unimin Corporation's Hawkins Mine. In
addition, the Unimin Corporation is relying on the assistance of the
KT Feldspar Corporation (a competitor) to aid in waste disposal.
This is not a favorable situation for the Unimin Corporation's
Hawkins Mine as the KT Feldspar Corporation could discontinue
its assistance leaving the Unimin Corporation without a location to
dispose of waste material. This is not a sustainable situation for
either mine.
• Because of hauling and disposal costs; and the reliance of a
charitable neighbor who is also a competitor, the "No-Build"
alternative is not the preferred alternative.
B. Watson Property
The "Watson Property" was purchased in 2005 and is located at
the end of Hawkins Branch Road. An alternatives analysis map
that indicates the approximate location of the Watson Property is
enclosed for review (Figure 4). This area was considered a
possible location for a new mine waste disposal area. Further
evaluation of the properly; however, revealed that mineable ore is
located within its boundaries. It is poor mining practice to bury
potential product. The Unimin Corporation wants to retain the
ability to mine the "Watson Property" in the future.
In addition, the purchase agreement granted alife-estate deed to
the previous owners of the Watson Property. The life-estate deed
named the Unimin Corporation as the remainderman. In this type
of agreement, the remainderman does not own or have access to
the property as long as proprietors are still living. Due to the
nature of the life-estate deed agreement, the Unimin Corporation
cannot rely upon that property to meet immediate development
• needs.
]5

Because of the presence of mineable ore and the potential for
future mining activity; and the presence of alife-estate deed
governing the property, the "Watson Property" alternative is not
the preferred alternative.
C. Lawson Mine
There is an abandon mine pit, known as the Lawson Mine,
adjacent to and east of the existing Hawkins Mine. An alternatives
analysis map that indicates the approximate location of the Lawson
Mine is enclosed for review (Figure 4). The Unimin Corporation
does not own this abandon mine pit; however, they have tried to
contact the owners to discuss possible purchase. If this abandon
pit could be purchased, it could serve as a mine waste disposal
area. The Unimin Corporation contacted the owners, the Penland-
Bailey Company, Inc., and discovered that the property is owned
by heirs of the estate; in this case, approximately 40 individuals.
Successful purchase of the property requires the approval of all
heirs to the estate. Not all heirs are interested in selling the
property to the Unimin Corporation.
Because there has been no interest by the heirs to sell the property
and no progress made in the attempt to purchase this property, the
• "Lawson Mine" alternative is not the preferred alternative.
D. School House Mine
The Unimin Corporation operates the Hawkins Mine, as well as,
the School House Mine in Avery County. An alternatives analysis
map that indicates the approximate location of the School House
Mine is enclosed for review (Figure 4). The School House mine
disposes of waste at an on-site mine waste disposal area.
Discussions regarding the feasibility of disposing Hawkins Mine
waste at the School House Mine disposal area determined that this
was not a practicable option for two reasons. One, the School
House Mine is located approximately 7 miles from the Hawkins
Mine. Hauling costs would be exorbitant with this option. And
two, the dump trucks used to haul waste material can not legally
travel on public roadways due to their size and weight. Waste
material would have to be divided into smaller trucks to be
transported to the School House Mine. This would require the
purchase of a new fleet of trucks, as well as, increase hauling costs
and significantly increase industrial traffic on NC Highway 226
and US Highway 19.
Because of the distance between the two mines, exorbitant hauling
costs, and the hauling logistics, the "School House Mine"
• alternative is not the preferred alternative.
16

E. Pond Utilization
The proposed design originally involved the relocated stream
channel "tying" into existing grade via the southern-most pond.
This alternative would decrease stream impact by 192 linear feet
and the overall length of the relocation by 555 linear feet; however,
because the pond's primary function is to collect and treat
stormwater run-off from the mine, it was at the request of DWQ
during the on-site meeting on February 6, 2008 that the stream
relocation be routed around the existing pond.
Because DWQ requested stormwater treatment be moved out of
jurisdictional waters, the "Pond Utilization" alternative is not the
preferred alternative.
F. Marks Enterprises Alignment
Marks Enterprises of NC, PLLC proposed a similar project on July
6, 2007. Impacts for this project included 7,440 linear feet of
streams, 0.074 acres of wetlands, and 1.44 acres of open waters.
Few, if any, of the existing stream channels would be used for the
relocation.
Because the stream relocation could be redesigned to utilize
• existing water features on site and reduce impacts, the "Marks
Enterprises Alignment" alternative is not the preferred alternative.
G. As-Proposed
The project as proposed involves the relocation of unnamed
tributaries to the North Toe River. Relocation of these channels
would allow a mine waste disposal area to be developed to the east
of the operational mine. Hauling distances would be decreased by
approximately '/2 mile and there would be no disposal fees
associated with waste disposal; hauling costs would be cut by half.
Decreased hauling distances and elimination of disposal fees will
decrease mine waste disposal cost for the Unimin Corporation's
Hawkins Mine by approximately $463,740 per year.
Transportation of mine waste and mine waste disposal will be
managed internally without reliance on a competitor's mine. The
proposed mine waste disposal area has little potential for mineable
ore and is the mine's preferred location for the mine waste disposal
area. It is estimated that the proposed mine waste disposal area
will provide capacity for at least 10 years of waste disposal.
Because of decreased hauling distances, elimination of disposal
fees, and minimized potential for mineable ore in that location, the
• project "As-Proposed" is the preferred alternative.
17

6.2 Minimization
In preparing the plan and application, the design team, comprised of the Unimin
Corporation, CEC, and Confluence Engineering, PC has considered a variety of
constraints including impacts to wetlands and waters of the US. The Unimin
Corporation has avoided and minimized impacts to streams and wetlands to the
greatest extent practicable and feasible while still accomplishing the overall
project purpose.
During design of the proposed plan, the applicant considered many development
alternatives (described above), some of which included impacts to substantially
more streams than the proposed plan depicts. The table below summarizes the
impacts proposed in a previous application submitted by Marks Enterprises of
NC, PLLC on July 6, 2007.
Water Feature Im act
Stream 7,4401inear feet
Wetland 0.074 acres
O en Water 1.44 acres
Prior to the submittal of this application by CEC, the applicant conducted a
meeting on February 6, 2008 with regulatory agency personal including the
Corps, DWQ, and the FWS. Changes to the plan were in response to consultant,
engineer, and agency comments. Confluence Engineering; PC redesigned the
• stream relocation to make use of existing stream channels wherever possible.
Existing streams are utilized in three locations throughout the length of the
project, decreasing impacts by 1,148 linear feet of stream channel. Stream
impacts for this project, as proposed, will total 6,485 linear feet. The mine waste
disposal area will impact three of the four ponds on site; however, the southern-
most pond will not be impacted, decreasing open water impacts by 0.63 acres.
Open water impacts for this project, as proposed, will total 0.81 acres. Wetland
impacts for the project, as proposed, have not significantly changed. The table
below summarizes jurisdictional impacts for the project, as proposed, as well as,
the difference in impacts between the proposed project and the project previous
submitted by Marks Enterprises of NC, PLLC.
Water Feature Impact Difference
Stream 6,485 linear feet 995 linear feet
Wetland 0.073 acres 0.001 acres
O en Water 0.81 acres 0.63 acres
•
18

• Through project redesign, avoidance and minimization has taken place on site.
The table below summarizes the total avoidance and minimization that has taken
place within the project boundary.
Avoidance and Minimization
Feature Amount Avoided Unit Percent Avoided
and Minimized and Minimized
Streams 3,225 linear feet 33
Wetlands 0.027 acres 27
Open

Water 0.63 acres 44
6.3 Alternatives Conclusion
This discussion of alternatives, together with the documents submitted by the
applicant in support of permit issuance, shows that the project complies with the
Guidelines. As this analysis clearly demonstrates, the Hawkins Mine Stream
Relocation is designed to avoid and minimize impacts to the site to the maximum
extent practicable while maintaining a rational project design and meeting the
overall project purpose.
•
•
19

• 7.0 CONCEPTUAL MITIGATION PLAN
Upon completion and implementation of all practical avoidance and minimization efforts,
6,485 linear feet of stream channel, 0.073 acres of wetlands, and 0.81 acres of open water
impacts associated with the Hawkins Mine Stream Relocation are unavoidable. The
following mitigation plan is provided in support of the permit.
7.1 Self-Mitigating Stream Relocation
The application proposes the construction of 4,495 linear feet of stream channel
for the purpose of relocating stream channels within the footprint of the proposed
Hawkins Mine mine waste disposal area. The stream relocation project has been
designed utilizing natural stream channel design methods approved by the DWQ
and the Corps. This includes a geomorphological approach based on
understanding valley types, watershed conditions, stream dimension, stream
pattern, stream profiles, sediment transport, and reference reach analysis. Stream
relocations based on natural stream channel design methods are self-mitigating.
The newly constructed stream channel and associated upland buffers
(approximately 18 acres) will be preserved in perpetuity through a legally binding
preservation mechanism (i.e. restrictive covenant).
7.2 NC Ecosystem Enhancement Program (EEP)
The Unimin Corporation proposes to mitigate for the balance of unavoidable
. impacts (approximately 1,990 linear feet) through payment into the EEP in-lieu
fee program. By letter dated March 5, 2008, EEP has indicated they are willing to
accept payment for impacts associated with the Hawkins Mine Stream Relocation
project. The acceptance letter is enclosed for review (Appendix E).
7.3 Summary
The Unimin Corporation is proposing to mitigate for 6,485 linear feet of
unavoidable stream impacts. Compensatory mitigation will be in the form of self-
mitigating stream relocation and payment into the EEP. The tables below
summarize the basic mitigation requirement and stream mitigation proposed for
the Hawkins Mine Stream Relocation project.
•
20

•
•
Basic Mitigation Requirement

Impact Linear
Feet of
Impact Compensatory
Mitigation
Ratio (z:l) Basic Mitigation
Requirement
A 1,739 1 1,739
C 121 1 121
E 172 1 172
H 1,091 1 1,091
I 190 ] 190
J 48 1 48
L 69 1 69
M 109 1 109
N 853 1 853
O 106 1 106
P 50 1 50
Q 370 1 370
T 306 l 306
V 446 1 446
W 284 l 284
Y 339 1 339
Z ]92 1 ]92
Totallm acts 6,485
Total Mitigation
Requirements 6,485
Proposed Mitigation
•

Stream Linear Feet of
~'Pe Mitigation
Activity Ratio Total
Mitigation
(z:l) Credit
Throughout
Site 4,495 Relocation l 4,495
EEP 1,990 Restoration 1 1,990
Total 6,485 6,485
21

• 8.0 US ENVIRONMENTAL PROTECTION AGENCY 404(b)(1) GUIDELINES
EPA interim regulations providing guidance for specification of deposit on sites for
dredge and fill material were published on September 17, 1993, in 40 C.F.R. 230 per
Section 404(b)1. Sub-Parts A through I pertain to dredge and fill permits, and apply to
project sites similar to this project.
Sub-Part D presents a summary of compliance criteria for the 404(b)1 guidelines. This
section references and defines practicable alternatives and indicates that a dredge and fill
permit shall not be issued if practicable alternatives exist. Alternatives reviewed, detailed
in Section 6.0, were assessed for compliance with 404(b)1 guidelines.
Additional EPA guidance is presented related to general regulatory criteria, wildlife
value, and human health guidelines. The discharge of dredge and fill material is
considered permittable under these guidelines if the discharge activity: does not
contribute to violation of state water quality standards; does not violate toxic effluent
standards; does not jeopardize the continued existence of species listed as threatened and
endangered pursuant to the federal Endangered Species Act of 1973 and subsequent
amendments; does not cause degradation to any marine sanctuaries; does not contribute
to significant degradation of "waters of the United States;" does -not adversely affect
human health as it pertains to water supply; does not adversely impact wildlife, the food
chain, or special aquatic sites; does not contribute to the discharge of pollutants that may
• affect the food web; does not have negative effects on the productivity of the aquatic
ecosystem, or their physical values; and does not have adverse impacts on recreation,
aesthetic, or economic values. Additionally, the applicant is required to minimize
potential adverse impacts on the aquatic ecosystem.
8.1 Factual Determination
The Corps is required to determine both potential short-term and long-term effects
of a proposed discharge of dredge and fill material on the physical, chemical, and
biological components of an aquatic environment.
8.2 Potential Impacts on Physical and Chemical Characteristics of the Aquatic
Ecosystem
Sub-Part C of the 40 C.F.R. 230 guidelines lists six physical and chemical
characteristics that must be assessed during the permit review, and the effects of
which must be determined to be minimal on the aquatic ecosystem.
8.2.1 Substrate
Fill material will be placed in jurisdictional streams, wetlands, and open
waters. Any discharge will consist of suitable fill material and will not
include any trash, debris, car bodies, asphalt, etc. The fill material will
also be free of toxic pollutants in toxic amounts. Proper sediment and
erosion control devices will be installed prior to and during construction to
ensure that the bottom elevation of remaining streams and wetlands on the
• property will not change.
22

• 8.2.2 Suspended Particulate/Turbidity (Sediment and Erosion Control)
During construction activities on the site, there may be a minimal increase
in suspended particulates that may lead to increased turbidity downstream.
However, the increase is anticipated to be minimal and temporary due to
the installation and maintenance of proper sediment and erosion control
measures during construction and shortly thereafter.
8.2.3 Water Quality
The proposed discharge of dredge and fill material should not cause
increased chemical contamination levels within the aquatic ecosystem.
Specifically, changes in clarity, color, odor, and taste of water in addition
to possible chemical contamination shall be minimized or reduced. All
discharges of dredge and fill material will be controlled with sediment and
erosion control measures.
The Unimin Corporation will be concurrently applying for a DWQ Water
Quality Certification.
8.2.4 Current Patterns in Water Circulation
The discharged fill material will modify current water circulation patterns
by obstructing flow, changing direction or velocity of water, and changing
velocity or flow of circulation in the channels proposed for relocation;
however, water circulation and patterns will be re-establish in the
. relocated channel.
8.2.5 Normal Water Fluctuations
The discharge of fill material associated with this project is not anticipated
to have any significant effect on the downstream hydrologic regimes.
8.2.6 Salinity
Because this project is located inland and away from tidally influenced
waters and wetlands, no modification to the salinity of on-site or adjacent
waters is expected.
8.3 Potential Impacts to Biological Characteristics of the Ecosystem
Sub-Part D of the 40 C.F.R. 230 guidelines specifies three areas of concern in
which disposal of dredge and fill material can affect the biological components of
the ecosystem. These components are threaten and endangered species, fish,
crustaceans, mollusks, other aquatic organisms in the food web, and wildlife.
•
23

• 8.3.1 Threatened or Endangered Species
Discharge of dredge and fill material has the potential to negatively effect
the habitat of threatened and endangered plant and animal species. During
completion of threatened and endangered species habitat assessment for the
Hawkins Mine Stream Relocation project, no listed- species were observed.
It is the opinion of CEC that federally protected species are not likely to be
present within the project boundary. As such, Hawkins Mine Stream
Relocation project is not likely to cause an adverse impact to any federally
threatened or endangered species or their critical habitat. A discussion of
threatened and endangered species is found in Section 3.5 of this application
as well as in the attached "Threatened and Endangered Species Assessment"
(Appendix C).
8.3.2 Fishes, Crustaceans, Mollusks, and other Aquatic Organisms in the
Food Web
Discharges of dredge and fill material can alter the food web by impacting
animals such as invertebrates that make up the basis of a food chain. The
release of contaminants or an increase in turbidity has the potential to
negatively affect certain aspects of the food web. Such releases may also
potentially increase the levels of exotic species.
Impacts to primary food chain production within the waters of the US and
• wetlands will occur on the project site; however, food. chain production
will re-establish over time in the relocated channel. Impacts to primary
food chain production are expected to be minimal.
8.3.3 Other Wildlife
The discharge of dredge and fill material has the potential to negatively
effect breeding and nesting areas, escape cover, travel corridors, and
preferred food sources for resident and migrant wildlife species.
Although some evidence of wildlife usage (mainly turkey) was apparent
on site, because the project area is within the boundaries of an operational
mine, wildlife habitat is minimal. Noise pollution, denuded vegetation,
and anthropogenic activity make this area less desirable for resident and
migrant wildlife. While a loss of wildlife habitat for wetland and stream-
dependent species may result from construction of the project, the
proposed preservation of approximately 18 acres of riparian buffer on site
along with the stream relocation, should compensate for any minor loss of
habitat.
8.4 Potential Impacts on Special Aquatic Sites
Sub-Part E of the 40 C.F.R. 230 guidelines addresses considerations for potential
impacts on special aquatic sites, which include: sanctuaries and refuges,
wetlands, mud flats, vegetated shallows, coral reefs, and riffle-pool complexes.
24

• 8.4.1 Sanctuaries and Refuges
The discharge of dredge and fill material has the potential to negatively
effect adjacent sanctuaries and wildlife refuges by impacting water
quality, decreasing wildlife habitat, increasing human access, and creating
the need for frequent maintenance activity, resulting in the establishment
of undesirable plant and animal species, which can change the balance of
habitat type.
Impacts to sanctuaries or refuges will not occur as a result of the Hawkins
Mine Stream Relocation project.
8.4.2 Wetlands
The discharge of dredge and fill material has the potential to adversely
effect wetlands including wetland substrate, hydrology, and vegetation.
Discharges can lead to a loss of wetland values, such as wildlife habitat,
flood storage, and groundwater recharge. The discharge of fill material
will impact 0.073 acres of wetlands on site. Approximately 0.027 acres of
wetlands has been avoided; totaling 27 percent of total wetlands on site.
Wetland impacts associated with the Hawkins Mine Stream Relocation
project are minimal.
8.4.3 Mud Flats
• Discharges of dredge and fill material has the potential to negatively effect
mud flats that exist along inland lakes, ponds, and riverine systems. There
are no mud flat communities within the project boundary; therefore, loss
of these ecosystems will not occur as a result of the Hawkins Mine Stream
Relocation project.
8.4.4 Vegetated Shallows
Vegetated shallows are permanently inundated areas that contain rooted
aquatic vegetation. This type of habitat generally exists within estuarine
and marine environments; and some freshwater lakes and rivers. No
vegetated shallow habitats exist within the project boundary; therefore, no
impacts to this ecosystem will occur as a result of the Hawkins Mine
Stream Relocation project.
8.4.5 Coral Reefs
Coral reefs typically exist within marine ecosystems. Coral reefs do not
exist within the project boundary; therefore, no impacts to this ecosystem
will occur as a result of the Hawkins Mine Stream Relocation project.

25

• 8.4.6 Riffle-Pool Completes
Discharge of dredge and fill material into or upstream of riffle-pool
complexes has the potential to negatively affect water quality and wildlife
value. Because of their associated slopes, the streams on site exhibit step-
pool morphology; however, fill has the potential to be placed into riffle-
pool complexes on site. Any permanent impact to riffle-pool complexes
will be mitigated for through the proposed stream relocation and payment
into the EEP.
8.5 Potential Effects on Human Use Characteristics
Sub-Part F of the 40 C.F.R. 230 guidelines address potential effects on human use
of wetlands and waterways. Factors including water supply, recreational and
commercial fisheries, water-related recreation, aesthetics, and parks and similar
preserves are considered within this portion of the guidelines.
8.5.1 Municipal and Private Water Supply
The public water supply will not increase or decrease due to proposed
activities within the Hawkins Mine Stream Relocation project boundary.
8.5.2 Recreational and Commercial Fisheries
Discharge of dredge and fill material has the potential to negatively effect
recreational and commercial fisheries. Streams and wetlands on site are
• not a part of any recreational or commercial fishery. Iri addition, access to
the site by the general public is prohibited, eliminating any recreational
fisheries opportunities on site. The Hawkins Mine Stream Relocation
project will not adversely impact recreational or commercial fisheries.
8.5.3 Water-Related Recreation
Proposed activities within the Hawkins Mine Stream Relocation project
boundary will not increase or decrease waterborne recreation in the project
vicinity. Access to the site by the general public is prohibited, eliminating
any water-related recreational opportunities on site.
8.5.4 Aesthetics
The proposed project site is within the boundary of an operational mine.
The Hawkins Mine Stream Relocation project is not expected to increase
or diminish the aesthetic value of the area or cause disharmony from an
aerial or neighboring view.
8.5.5 Parks, National and Historical Monuments, National Beach Shores,
Wilderness Areas, Research Sites, and Similar Preserves
No areas as described above are present within the Hawkins Mine project
boundary.
•
26

• 8.6 Summary
Based on the EPA guidelines identified within 40 C.F.R. 230, and enumerated
herein, a number of potential envirorunental impacts have been presented and
subsequently addressed. The proposed permanent impact to 6,485 linear feet of
streams, 0.073 acres of wetlands, and 0.81 acres of open waters will not cause any
off site adverse impacts. Mitigation offered both on site and off site will
compensate for any on-site impacts.
•
•
27

• 9.0 PUBLIC INTEREST CONSIDERATIONS
When reviewing this application, the Corps is required to consider the project in terms of
the public interest. In considering the public interest, the Corps must evaluate the
probable impacts of the project and evaluate the "benefits which reasonably may be
expected to occur from the proposal against reasonably foreseeable detriments." In
balancing these interests, the Corps must consider the public and private need for the
proposed project, the practicability of using reasonable alternative locations, and the
extent and permanence of the beneficial and/or detrimental impacts of the project. The
Corps also considers the following public interest factors:
conservation, economics, aesthetics, general environmental concerns,
wetlands, historic and cultural resources, fish and wildlife values, flood
hazards, floodplain values, land use, navigation, shore erosion and
accretion, recreation, water supply and water quality, energy needs, safety,
food and fiber production, mineral needs, and considerations of the
property ownership.
Pursuant to 33 C.F.R. 323.6, a determination that the project is not contrary to the public
interest must be achieved before permit issuance. Public interest considerations are listed
in 33 C.F.R. 320.4 (a)(1) and are discussed below.
Furthermore, the Corps regulations state that a permit will be granted unless the district
• engineer determines that it would be contrary to the public interest.
The Unimin Corporation has extensively evaluated these factors through the planning
process and believes that the proposed project is clearly not contrary to the public
interest.
9.1 Conservation
The Unimin Corporation proposes to preserve approximately 4,495 linear
feet of stream channel and approximately 18 acres of upland buffer.
These waters are ecologically important as cool water mountain streams,
which empty into the North Toe River. The relocated stream and
associated buffer will be preserved in perpetuity through the
implementation of an appropriate legal and physical mechanism (i.e.
restrictive covenant).
9.2 Economics
The Unimin Corporation operates at least two mines within the Spruce
Pine Mining District, which employee hundreds of people. Mining
provides an overall benefit to the local economy of the area. Any activity
completed in support of the mine and their existing operations will
promote the local economy.
•
28

• 9.3 Aesthetics
The proposed project site is within the boundary of an operational mine.
The Hawkins Mine Stream Relocation project is not expected to increase
or diminish the aesthetic value of the area or cause disharmony from an
aerial or neighboring view.
9.4 General Environmental Concerns
Other than stream, wetland, and open water impacts, proposed development
activities within the Hawkins Mine Stream Relocation project boundary will
have no significant identifiable impacts upon other environmental
components.
9.5 Wetlands
The discharge of dredge and fill material has the potential to adversely
effect wetlands including wetland substrate, hydrology, and vegetation.
Discharges can lead to a loss of wetland values, such as wildlife habitat,
flood storage, and groundwater recharge. The discharge of fill material
will impact 0.073 acres of wetlands on site. Approximately 0.027 acres of
wetlands has been avoided; totaling 27 percent of total wetlands on site.
Wetland impacts associated with the Hawkins Mine Stream Relocation
project are minimal.
• 9.6 Historic Prouerties
A desk review of the National Register of Historic Places records
maintained by the State Historic Preservation Office (SHPO) indicates
several historic properties in Spruce Pine. The majority of these properties
are located downtown and not in the immediate vicinity of the Unimin
Corporation's Hawkins Mine. The SHPO will be notified via Public Notice
about the projects and will be given the opportunity to comment on the
project and its potential affects on archaeological and cultural resources.
9.7 Fish and Wildlife Values
Riparian and wetland areas provide habitat for many types of wildlife
because of their diverse and productive plant communities, complex
structure, and close proximity to surface water. Wildlife may be
permanent residents of riparian and wetland areas or occasional visitor that
use the areas for food, water, or temporary shelter.
Food availability varies with the type of vegetation in riparian and wetland
area, but includes fruit, seed, foliage, twigs, buds, insects, and other
invertebrates. Trees and shrub produce a variety of foods that are eaten by
many animals and may be especially important sources of nutrition during
the winter months. Grasses and herbaceous vegetation provide seeds and
forage both within riparian and wetland areas and along the forest border.
•
29

. The stream environment provides moving water for many animals to
drink, feed, swim, and reproduce. Water is also available on the moist
vegetation and in wetlands that are often associated with riparian areas.
These areas, both permanent and temporary, are especially important for
amphibians and macro-invertebrates.
Riparian and wetland areas provide a sheltered environment for many
species of animals to feed, rest, and reproduce. Animals use these areas to
seek shelter from extreme weather and to escape predators and human
activity. Riparian and wetland areas may also provide important travel
corridors for some species, and are frequently used as stop-over points for
migratory birds.
Although some evidence of wildlife usage (mainly turkey) was apparent
on site, because the project area is within the boundaries of an operational
mine, wildlife habitat is minimal. Noise pollution, denuded vegetation,
and anthropogenic activity make this area less desirable for resident and
migrant wildlife. Impacts to these systems will occur at Hawkins Mine
Stream Relocation project site; however, adequate avoidance,
minimization, and compensatory mitigation will compensate for lost
functions and values.
• 9.8 Flood Hazards
The location of the proposed project has a minimal risk of flooding. It is
expected that all tributaries on the property will flood occasionally due to
natural fluctuations in weather patterns that increase precipitation. The
activities taking place within the Hawkins Mine Stream Relocation project
boundary are not expected to increase or decrease the natural rate of
flooding at the site or downstream.
9.9 Floodulain Values
Designated floodplains will not be impacted by activities within the
Hawkins Mine Stream Relocation project boundary. Flood stages and
frequencies should not increase or decrease as a result of the activities
taking place within the Hawkins Mine Stream Relocation project
boundary.
9.10 Land Use
The proposed project will be in compliance with local zoning regulations
and ordinances. The project is consistent with surrounding land use and
development.
•
30

9.11 Navigation
Streams within the project boundary include unnamed tributaries to the
North Toe River. The North Toe River flows into the Nolichucky River,
which is a tributary to the French Broad River. The French Broad River is
a navigable-in-fact water at the Wilson Bridge southeast of Brevard. No
development will occur within navigable waters and no activities proposed
within the Hawkins Mine Stream Relocation project boundary is
anticipated to affect navigation.
9.12 Shore Erosion and Accretion
The Hawkins Mine Stream Relocation project will have minimal effects on
erosion and runoff.
9.13 Recreation
Proposed activities within the Hawkins Mine Stream Relocation project
boundary will not increase or decrease recreation.
9.14 Water Supply and Conservation
The public water supply will not increase or decrease due to proposed
activities within the Hawkins Mine Stream Relocation project boundary.
9.15 Water puality (Stormwater Management)
No short term or long term adverse water quality impacts are anticipated. A
• stream buffer is being provided to assure long-term stream protection and
integrity for the relocated channel.
The Unimin Corporation will be concurrently applying for a DWQ Water
Quality Certification.
9.16 Energy Needs
Energy needs will not increase or decrease due to proposed activities
within the Hawkins Mine Stream Relocation project boundary. Energy
will not be produced as a result of the proposed activities within the
Hawkins Mine Stream Relocation project boundary.
9.17 Safety
The proposed project will be designed with the maximum possible
considerations for public safety. The proposed activities at the Hawkins
Mine Stream Relocation project site will not increase or decrease public
safety. Access to the site by the general public is prohibited, eliminating
any threat to public safety.
9.18 Food and Fiber Production
The proposed activities within the Hawkins Mine Stream Relocation
project boundary will not increase or decrease food and fiber production.
•
31

9.19 Mineral Needs
The proposed project fulfills no current mineral needs; however, the Unimin
Corporation's Hawkins Mine is a producer of high-quality quartz used in
semi-conductors and crucibles. Any activity completed in support of the
mine and their existing operations will promote mineral production at the
site.
_9.20 Considerations of Property Ownership
The Unimin Corporation owns the property proposed for development and
has the inherent right to develop the land in a reasonable and responsible
manner, which includes adhering to all Federal, State, and local
regulations.
The Unimin Corporation
7638 NC Highway 226 South
Spruce Pine, North Carolina 28777
9.21 Needs and Welfare of the Public
The project will positively address the needs and welfare of the public by
promoting mineral production and economic growth in the community of
Spruce Pine, Mitchell County, North Carolina.
•
•
32

10.0 SECONDARY AND CUMULATIVE EFFECTS
The Hawkins Mine Stream Relocation project site is located within the French Broad River
Subbasin 04-03-06. Approximately 87 percent of this subbasin is forested and the total
land mass includes approximately 445 square miles (297,600 acres). The Hawkins Mine
Stream Relocation project site is comprised of approximately 150 acres (0.23 square
miles). All of the land mass for the Hawkins Mine Stream Relocation project site accounts
for less than 0.05 percent of the land mass of the basin. These percentages alone, limit
significant cumulative effects on the watershed. Past activities within the subbasin include
logging, agricultural and residential development, road building, and mining. Mining
activities are continuing at the Unimin Corporation's Hawkins Mine. Agricultural and
residential development, and road building in the vicinity remains active; however,
continued and future development of the watershed is independent of activities proposed at
the Hawkins Mine Stream Relocation project site. Impacts within the Hawkins Mine
Stream Relocation project boundary include the construction of a new stream channel and
the subsequent fill of channels through the development of the Hawkins Mine mine waste
disposal area. Avoidance and minimization activities have lessened impacts associated
with the relocation and its effects cumulatively on the watershed will be minimal. Activity
within the Hawkins Mine Stream Relocation project boundary should not result in a major
impairment of the water resources on site or interfere with the productivity and water
quality of the existing aquatic ecosystem. It is possible that some aspects of water quality
will improve with the removal of the on-line stormwater management pond.
•
•
33

• 11.0 SUMMARY
The Hawkins Mine Stream Relocation project involves the relocation of approximately
6,485 linear feet of stream channels into a newly constructed channel that will be 4,495
linear feet in length. Alternatives have been evaluated and the project "As-Proposed" is
the most practical and preferred alternative. Avoidance and minimization has taken place
on site reducing impacts as compared to previous proposals. Potential impacts to the
physical and chemical characteristics of the ecosystem, biological characteristic of the
ecosystem, impacts on special aquatic sites, and potential effects on human use
characteristics will be minimal. The project is not contrary to the public interest and will
aid in the continuation of the mining industry that helps promote the local economy in
Spruce Pine.
•
•
34

~ CLEARWATER
• Hawkins Mine Environmental Consultants, Inc. Vicinity Map
Mitchell County 718 Oakland street Figure 1
North Carolina 1-lendersonville, NC 28791
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CLEARWATER
Hawkins Mine Environmental Consultants, Inc. USGS Topographic Map
Mitchell County 7t8 Oakland Strcct Spruce Pine Quad
North Carolina Hcndersonviue, tvc 28791 Figure 2
828-698-9800

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CLEARWATER
Hawkins Mine Environmental Consultants, Inc. USDA Soils Map
Mitchell County 718 Oakland street Figure 3
North Carolina Hendersonville, NC 28791
828-698-9800

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Hawkins Mine
Mitchell County
North Carolina
CLEARWATER
Environmental Consultants, Inc.
718 Oakland Street
Hendersonville, NC 28791
828-698-9800
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CLEARWATER
Hawkins Mine Environmental Consultants, inc. Alternatives Analysis Map
Mitchell County ~I8 Oakland street Figure 4
North CarOllna Hendersonville, NC 28791
828-698-9800

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718 OAKLAND ST I INCH • 154 FEET H A W K I N S MINE STREAM RELOCATION SHEET N0.
~ l e a r~ a to r HENDERS~/VILLE NC 28791 5 A
PHONE: (828) b98-9800 oaavn+ BY: tEC D E TA I L
Environmental Consultants, InC. FAX: [phone] DATE: D5.05.08
CEC PR0.fECT MO.: L88 THE UNIMIN CORPORATION MITCHELL COUNTY OF

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PHONE: [phone] DRAWN 9Y: CK HAWKINS MINE OVERVIEW
Environmental Consultants, Inc. FAx: [phone] ~~~ q3 05
CEC PRO.lECT ND.: ~E8 THE UNIMIN CORPORATION MITCHELL COUNTY OF

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):
B. DISTRICT OFFICE, FILE NAME, AND NUMBER:
C. PROJECT LOCATION AND BACKGROUND INFORMATION:
State:NC County/parish/borough: Mitchell City: Spruce Pine
Center coordinates of site (lat/long in degree decimal format): Lat. 35.941898° N, Long. 82.083781 ° W.
Universal Transverse Mercator:
Name of nearest waterbody: North Toe River
Name of nearest Traditional Navigable Water (TNW) Into which the aquatic resource flows: North Toe River
Name of watershed or Hydrologic Unit Code (HUC): 06010108 Nolichucky
® 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):
SECTION H: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There Pick List "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): t
TNWs, including territorial seas
Wetlands adjacent to TNWs
Relatively permanent watersZ (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: 9,710 linear feet: 5 width (ft) and/or 1.44 acres.
Wetlands: 1.10 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):;
^ 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 111 below.
: 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).
' Supporting documentation is presented in Section ]II.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 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 IILD.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 waterbody° 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 ID.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.C 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 through Pick List tributaries before entering TN W.
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 TNWS:
Tributary stream order, if known:
° Note that the ]nstructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the arid
West.
' 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.

(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: feet
Average depth: feet
Average side slopes: Fick 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: Pick List
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 ^
^ changes in the character of soil ^
^ shelving ^
^ vegetation matted down, bent, or absent ^
^ leaf litter disturbed or washed away ^
^ sediment deposition ^
^ water staining ^
^ other (list):
^ Discontinuous OHWM.' Explain:
If factors other than the OHWM were used to detetm
High Tide Line indicated by: ^
^ oil or scum line along shore objects
^ fine shell or debris deposits (foreshore)
^ physical markings/characteristics
^ tidal gauges
^ other (list):
the presence of litter and debris
destruction of terrestrial vegetation
the presence of wrack line
sediment sorting
scour
multiple observed or predicted flow events
abrupt change in plant community
ine lateral extent of CWA jurisdiction (check all that apply)
Mean High Water Mark indicated by:
^ survey to available datum;
^ physical markings;
^ vegetation lines/changes in vegetation types.
(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:
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 mi]es from 1'NW.
Project waters are Pick List aerial (straight) miles from TNW.
Flow is from: Pick List.
Estimate approximate location of wetland as within the Pick List 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:
^ 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:
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:
Significant news 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 II].D:
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:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL
THAT APPLl~:
TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
^ TNWs: linear feet width (fr), 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: perennial flow, presence of aquatic macros.
^ Tributaries ofTNW 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: 9,7101inear feet 5 width (ft).
® Other non-wetland waters: 1.44 acres.
. Identify type(s) of waters: Open water.
3. Non-RPWsB that flow directly or indirectly into TNWs.
Waterbody that is not a TNW or an IZPW, 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:
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 ItPW 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 1tPW: Wetlands are contiguous with associated channels or hydrologically connected.
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 ItPW:
Provide acreage estimates for jurisdictional wetlands in the review area: 0.10 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 12PW, 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.
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.
Impoundments of jurisdictional waters.'
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):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:
.See Footnote # 3.
To complete the analysis refer to the key in Section ]I1.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.

• 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 APPLl~:
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:1:24,000 Spruce Pine.
^ USDA Natural Resources Conservation Service Soil Survey. Citation:
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):
or ^ Other (Name & Date):
^ 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: The JD form is applicable to all jurisdictinoal waters on site.

FROM UNIMIN
o ToN~
Acti~n1d.204S31353
NOTI>F'ICATYON OF JURISDYCTYON.A,L DETERIVTINATION
PrppcrN Qwncr/Agent; I1t!itnirr ['.orooratinn
Addrese: 136 Crustal Drive
Spruce Ylne. AIE~ 18777 ,
Telephone No..
Size and location of pnopetry.(waterbody, road namr/number, tmm, etc.) Approx. 2~7 acre tract located on the north lido.
of U_S. 26 north of S race Plne.
Iedicate Wbic6 oFhe Fol{awin A 1 : 1
_ Dastd on preliminary information, there may be wetlands on the above described property. We strongly suggest you have
this property inspected to determine the~extent of Department of the Army (pA) jurisdiction. To be considered final,'a
jurisdictional determination must be vented by the Coxes.
X There are waters of the U.S. on the abo+trcFesctibed-gropert3r 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 out published regulations, this
determination play be relied upon for~perie~-eaf-tae~tceed five years from the date o€-this motif cation.
~~ WP ctn~rl9ty CLD~CBt y~L t1ayC The! WNIt'r$ of fhP tJ.~. ~jlt yotll' pfAr~P_.T1V dP.tl/1P.;ItPd_ n11P t!1 ±he Srze of your nr4prrty
D~J - OD J -_...._
and/gr par Qreffent wt-rkload; t! e Cry ttc?t be ably to accomplish this wetland di:lincatiorr in a timtly manner, For a
rnorc tirncly delineation, you may wish to obtain a consttJtant. To be considered final, any delineation must be verified by
the Corps. T
_ Tlti: wctland.on your property have been dcIineated and the delineation has been verified by the Corps. We strongly
su8gest you have this delineation surveyed. Upen completion, this survey should be reviewed and. verified by the Corps.
Once verifred, 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_lav¢ of outpuhlished regulations, may he reiied_upon fora period not to exceed
five years. _ _
_ '1'l:e xet'~nds hove be:r: dcli.-rcated Q d sctveyed a^d are accurately de; :~t°.,d cr ~h~ t9• sid...a -~~ tf•~ C~<
Rno~datpn f r ~l iAnn 'find nln ~ n, p.~. b•~u ~ r~
o....- / Q fl~l~.._~.,h.._., b....,.tl ~Z 1.1r_Irgo ttinrr ig w cl±ange in the !!11Y or !?ttr pt~hiishgd rr9o~-larinn~e, tt!tg
d[triminalinr~ ray be rslisd~pnr± for ~,{an~rf~t¢t.tp PY~PRlt fve years from the date of this nptification.
_ There ate no waters of the U.S., s, premlron the above described property which are subject to the
permit requirements of Section 404 of the Clean WaterAet (33 USC 1344). Unless thete is a change in the lour or our
published regulations, this detarminatiett-rr+ay be rclictl upon for a period not to Cxceed f!ve years from the date of tltis
notiFcation.
.The property is located in or+e afthr2e Coastal•-Eounties subject to tegutation under the Coastal Ares Management Act
(CAMA). You should contact the Division of Coastal Management in Washington, NC, at [phone] to determine ~
their requirements.
Remarks: Pr(marlly InsnecteA rhn 2 nnpda iwth~Nswlc:aa_t~drnn o.we .....a..._...~...:.....__.__.._.a e__ __.__._ ...~
(MON)MAR 20 2006 3:08/ST. 3:07/No.6804235872 P 1
~.~. A~Ziiri~`~' ~~~~ O~ r.r.~~N~~~
WTL.MII~TGTQN DISTRICT
County: lyiltchell U.S.G.S. Quad: Spruce Pine
G.'r/J~ a~i
1~~~.1~,:v~ .
,,, r. n i~:. AEpc
Y~~
I...l r, _<
C6r~'3ic$ulaioPy Dilieial: ~- ' L~~. ;~~yL~
l
Date 03/l0/ZOOS
Expiratiein Date 03/10/2005
Page 1 of 2
•

FRAM UNIMIN (MONjMAR 2Q 2p06 3:p8./ST. 9:p7/No.68042958?2 P 2
ACt>E011 Id. 230053135
Placement of dredged or fill materiel witlsirr-waters-~the•U~andforwettandswitteoQt-a•Dcparbnent of the Army permit ~y
• con9timte a violation of Section 301 of the Clean Water Act (33. USC g l31 I). If you have any questions regarding this
detcYmination and/or the Corps re~trletery:program, plesse~et>faet-SteYe-fthaQio at EB~t3l~7I-7980.
98sis ForDetermittation: Stream c6annds _eahlbit ordlnarv bleb water marks and nondc are connected to adiacent or
dorrneft-earin waterer Unnamed Ir16nEerre~~ler9in t..l~.
Corns Re~ilatory Official (Initial): S G ~ _ -
FOIL OFFICE USE ONLY:
• A plaCOr sketch of the properiy aadthe wetland data form must be-atzscbecLto flee file copy of this Eorm.
• A copy of the "Notification Of Administrative Appeal Options And Process And Reouest For Appeal" form. must be~--
oransmitted with the property awnerlegent copy of this form.
• If the property contains isolated wetlands/waters, phase indicate in "Remarks" section and attach the "lsolatcd • -
De[emunation Information Sheet': tath~fiie copy of thi .form.
Page Z ~ 2
•
•

o~~~ wa r~9Q~
~ r
• ~ - -- -
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
/~, July 20, ,2007
~-
CERTIF D MAIL: RETURN RECEIPT REQi,7ESTEI)
Uni Corporation
A :Jeff Ferguson
2. 38 Hwy 226 North
Spruce-Pine, North Carolina 28777-0545
Subject Property: Hawkins Mine
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 07-1250
Mitchell County

Water Quality Certification; Perrrlittn'g Fee; Application Not Signed>
.3
® REQUEST FOR MORE INFORMATION
,i
® PERMITTING FEE MISSING/INCORRECT.
^ RETURN OF APPLICATION PACKAGE
Dear Mr. Ferguson:

On July 20, 2007, the Division of Water Quality (DWQ) received your application for the above
• referencedproject: The DWQ has determined that your application was incomplete and/or-provided
inaccurate infoimation as discussed below.; .The DWQ will require additional information: in: order to
process'your~application to`impact'protected wetlandsandlor streams+"on the subject>property Therefore;
unless=we:eceive=five copies of the additional•iriformation~requested belov~;`we will haveao move toward
denial of your application as required by I SA NCAC 2H .0506`>and wll'place Phis projection hold`as -
incomplete until we receive this additional information. Please provide the following information so that
we may eontinue'to'reviewynur project. .. • .
Additional Information-Requested: ` ~• t . •;.
Water Quality Certification, See I. Processing, Item 2.. Please state which Permit
(Nationwide; Regional or General) number you intend to use. You may want to contact the
U.S. Army Corps of engineers (USAGE) to determine which permit they will allow you to
use. The Asheville Regulatory Field Office telephone number is [phone].
^ Please provide verification from the Corps of Engineers showing that your project will require
a Nationwide 39:
^ DWQ requires the name of an individual shown as "Owner/Applicant" to set up the project.
® The PCN Application failed to contain the Applicant/Agent's Signature and Date. See last
page of application. (Agent's signature is valid only if an authorization letter-from applicant is
provided). Please supply one (l) original and four (4).signed/dated copies:
^ Water Body information not stated. See III Project Information, Item 7.
• One
No~rthCarolina
401 Oversight/Express Review Permitting Unit r/-/atjlCQ~r/y
1650 Mai] Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] /Internet: http://h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/]0%Post Consumer Paper

•
^ Incorrect and/or missing wetland, intermittent-perennial stream and/or buffer impacts.
DWQ is unable to review this project without noted orcorrected-...impacts reflected.
® ~ Lack "of permitting fee. Please note that beginning January 1, 1999, the N.C. General
Assembly passed legislation requiring payment of a.fee for a11401 applications. The fee for
applications is $200 for projects impacting less than an' acre of wetland and less than 150
linear feet of streams. For projects impacting one or more acres of wetland or 150 or more
feet of streams, the fee is $475. '
^ Incorrect permitting fee amount. Please see above item. Your check # for $ ; ;
is herein enclosed for fee correction. DWQ does not retain,any payment unless it is.in-the
correct amount.
._ r:
^ A request for a.modifcation pf an issued.permit requires re. submission of five (5) application
sets and appropriate fee. We have herein returned your modification request.
,.
^ DWQ is making the suggestion that all associated project maps be,submitted as a PDF filepn ,
a CD in addition to two (2) paper copies. DWQ does reduire five (S)'sets'of the PCN
application. ~ ~ ,
^ OTHER: _ _ ~ - .
.. ~,
• Please contact the. DWQ within three weeks. of the date of:this,letter,to.~erify that:you have.received this.;.
letter ar~d.that you remain interested in continuing to pursue.permitking of,,your project and will be; , .., <
providingahe DWQ:;therequestedinformation at a later,date. Please contact-this office m writing. If.,we:=
do, not-,hear from you within three_weeks,:we will; assume that:you na longer want to.. pursueahis. project . .
and we will;consider: the;prpject as withdrawn.. ~' ,- ;
This letter only addresses the application review and does not authorize, any impacts to_.wetlands, waters
or protected buffers. Please be aware that any impacts requested within your application are not
authorized (at this time) by the DWQ. Please call Mr. Ian McMillan or Ms:., Cyndi-Karoly;: at 91.9-733- -:.;
1786 if you have any questions regarding or would like to set up a meeting to discuss this matter.
.. ~ Sincerely, ' , ,~. .
~~ ~:
Cyndi Karoly, Supervisor .~
401 OversightlExpress Review Permitting Unit
CBK/ljd .
cc: Kevin Barnett, DWQ Asheville-Regional Office, .
USAGE Asheville Regulatory. Field Office _,.
Marks Enterprises, Dr: B. Dan Marks, 1 Palatka.Dr., Arden, NC 28704
File Copy
• Central Files - - -
Filename: 071250HawkinsMine(Mitchell)_Hold NWII Fee NotSigned

O~OF WAT~c9QG Michael F. Easley, Governor
~ y William G. Ross Jr., Secretary
~ r- North Carolina Department of Environment and Natural Resources
~ ~ Alan W. Klimek, P.E. Director
• ~
Division of Water Quality
October 15, 2007 ~ '
_,: DWQ Project # 07-1250
.: Mitchell` County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Unimin Corporation G'; ~4 ~/~~
Attn: Jeff Ferguson. ~ ~ ';r~,ti~~~~j,~-.
PO Box 588 C:.,
Spruce Pine, North Carolina 28777
Subject Property: Hawkins Mine
Incorriplete Application
® RETURN OF APPLICATION PACKAGE
Dear Mr. Ferguson:
1z ~'::~
On July 20, 2007, the Division of Water Quality (DWQ) received your application to fill or otherwise
impact 0.11 acres of 404/wetland, 7,4401inear feet of stream, and 1.44 acres: of open water. On October,
12, 2007, the DWQ received additional information from you,.however, the DWQ has determined`that
your application remains incomplete and/or provided inaccurate information as discussed below;
...
• Additional Information Requested:
® Water Quality Certification, See L Processing,.Item2.. Please state which Permit
(Nationwide, Regional or General) number you intend to use. YQ.u must contact the U. S.
Army Corps of Engineers (USAGE) to determine which permit they will allow;,you to .use. The
Asheville Regulatory Field Office telephone number is (828) 281=7980.
., ,. .. ; .
® Incorporated in the information received October 12, 2007 was an Initial: Interest Form forfhe
Express Review Program. That is not the correct process to get'a project accepted for Express
Review. The Express Review program is outlined on the following website:
http://h2o.enr.state.nc.us/ncwetlands/express review htin
® Incorrect permitting fee amount. Please see above item. Your check # 557090 for $475 is
herein enclosed for. fee correction. DWQ does not retain any payment-unless it is in'tle
correct amount. -
Please note that beginning July 1, 2007, the N.C. General Assembly passed an increase for
application fees for all regulatory programs administered by DWQ. The director of DWQ
determined that the fee increase would specifically become effective for the 401 Program on
September 1, 2007. Applications received as of September 1, 2007 with insufficient funds to
meet the legislation will be return.
The fee for applications is $240 for projects impacting less than an acre of wetland and less
than 150 linear feet of streams whether intermittent or perennial). For projects impacting one
•
No~r`thCarolina
401 Oversight/Express Review Permitting Unit ~6ltllCllr'~l,
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] / Internet: http://h2o.enrstate.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer - SO% Recycled/] 0% Post Consumer Paper

•F
• or more acres of wetland or 150 or more feet of streams (whether intermittent or perennial),, .'
the fee is $570.
For this reason your permit application is hereby considered withdrawn. Once you have redesigned your
project to address the problems and inadequacies with your application as it was submitted, you will need
to reapply for DWQ approval. This includes submitting a complete application package with the
appropriate fee.
Please. be aware that you have no authorization under Section 401 of the Clear Water Act for this activity
and any work done within waters of the state could be a violation of North Carolina General Statutes and"
Administrative Code. Please call Ian McMillan or Cyndi Karoly at 919-733-1786 if you have`ary
questions regarding or would like to set up a meeting to discuss this matter. n
/1
Cyndi Karo y, Supervisor
401 OversightlExpress Review Permitting Unit
CBKIIjd
.~ ~
,:.
Enclosures ``` Check #557090`for $475 `'
Application package (1 set) received July 20; 2007
.. .,
Application package (1 set) received'October'12; 2007 ' °•
• cc: Kevin Barnett, DWQ Asheville Regional Office
USACE Asheville Regulatory,Field Office
Marks Enterprises, Dr. B: Dan'Marks; lPalatka Dr., Arden, NC 28704
File Copy + check copy` .
- Central Frles + check copy
- Filename: 071250HawkinsMine(Mitchell)_Returned Appl
~1~~; ~ ~t [q'3's ~ 7~.+~'t~.R ~ f~+is~~ <
'.i1! off i ki 2r3 i4t 3:'-s ,• .
[:. i.;.111. _.! 1~.Fr ;, t: aci! .. -..
• ,
.,:1

•
Threatened and Endangered Species Assessment
For
Hawkins Mine
Mitchell County, North Carolina
April 1, 2008
1.0 INTRODUCTION
The following report includes methods used and results for a threatened and endangered
(T&E) species survey and habitat assessment for the proposed approximately 150-acre
Hawkins Mine Stream Relocation project site. The T&E species survey was conducted to
determine the occurrence of or the potential for existence of federally listed threatened
and/or endangered animal and plant species on the proposed site. Completion of this survey
was directed by and complies with three current state and federal regulations: the Federal
Endangered Species Act of 1973 (16 USC 1531-1543), North Carolina Endangered
Species Act (N.C.G.S. Sect. 113 article 25), and North Carolina Plant Protection and
Conservation Act of 1979 (N.C.G.S. Sect. 19b 106: 202.12-22).
• The referenced site is located north of Spruce Pine and is accessed from NC Highway
226 in Mitchell County, North Carolina (Figure 1 and 2). Coordinates for the site are
latitude: 35.941899N, longitude: 82.083781 W, with an elevation ranging from 2,725 feet
to 3,950 feet above mean sea level (MSL).
2.0 METHODOLOGY
A preliminary protected species survey was conducted on May 1-2 and June 7, 2007, on the
Hawkins Mine Stream Restoration project site by Clearwater Environmental Consultants,
Inc. (CEC), to determine the potential for occurrences of listed threatened and/or endangered
animal and plant species by current federal or state regulations.
Specific information was obtained from the US Fish and Wildlife Service (FWS) and NC
Natural Heritage Program (NHP) regarding existing data (Appendix A) concerning the
presence or potential occurrence of threatened and/or endangered species in Mitchell
County, North Carolina. The FWS lists the following eleven federally threatened and
endangered species as occurring or potentially occurring in Mitchell County. The species
listed below were included in the surveys and site assessment.
•

•
Table 1. Federally listed species for Mitchell County, North Carolina
Common Name Scientific Name Status
Appalachian elktoe Alasmidonata raveneliana Endangered
Bog turtle Clemmys muhlenberii T(S/A)*
Spreading avens Geum radiatum Endangered
Carolina northern flying squirrel Glaucomys sabrinus coloratus Endangered
Rock gnome lichen Gymnoderma lineare Endangered
Roan mountain bluet Hedyotis purpurea var. montana Endangered
Heller's blazing star Liatris helleri Threatened
Spruce-fir moss spider Microhexura montivaga Endangered
Indiana bat Myotis sodalis Endangered
Blue Ridge goldenrod Solidago s ithamaea Threatened
Virginia spirea Spirea virginiana Threatened
~` t nreatenect clue to similanty of appearance with northern bog turtle
3.0 HABITAT CLASSIFICATION
The protected species audit consisted of a pedestrian survey. During field surveys, five
general habitats were identified and compared with recognized habitats for each of the
eleven species potentially occurring on the site. Potential flora and fauna were identified to
the taxonomic unit level necessary to determine if the observed specimen was a protected
species. Plants were identified to the lowest taxonomic level readily discernible in the field
during the time of survey.
The following is a description of each of the five habitat types identified on the referenced
site (Figure 3). A soils discussion is also provided.
3.1 Heath Bald Rock Outcrop
This small xeric community is to the east of the waterfall at the bottom of the main
tributary. Stunted trees such as sassafras (Sassafras albidum), service berry
(Amelancheir arborea), blackgum (Nyssa sylvatica), sourwood (Oxydendrum
arboreum), white pine (Pinus strobus), pitch pine (Pinus rigida), and Carolina
hemlock (Tsuga Carolina) grow in a thin mat of soil and lichens. Ericaceous shrubs
such as blueberry (Vaccinium stamineum), doghobble (Leucothoe axillaris),
mountain laurel (Kalmia latifolia), great rosebay (Rhododendron maximum),
huckleberry (Gaylusaccia ursine), and fetter-bush (Leucothoe recurva) grow in
colonies. A sparse herb layer is comprised of trailing arbutus (Epigea repens),
coreopsis (Coreopsis major), and wintergreen (Gaultheria procumbens). Protected
species were not observed during the field survey. Impact to this habitat is not
likely to affect listed species.
•
2

• 3.2 Rich Cove Hardwood Forest
This mesic community was observed on moist sites in the coves and drainage
ways of the perennial and intermittent streams on site. Species observed in the
overstory include tulip poplar (Liriodendron tulipifera), red maple (Ater rubrum),
and Canadian hemlock. Other trees observed include northern red oak (Quercus
rubra), striped maple (Ater pensylvanicum), chestnut oak (Quercus prinus), silver
maple (Ater saccharinum), sugar maple (Ater saccharum), shagbark hickory
(Carya ovata), mockernut (Carya tomentosa), ash (Fraxinus pensylvanicum),
Fraser's magnolia (Magnolia fraseri), and yellow buckeye (Aesculus flava).
Plants observed in the shrub layer include mountain rosebay (Rhododendron
catawbiense), sweet shrub (Calycanthus floridus), witch hazel (Hamamelis
virginiana), and mountain laurel. Species observed in the herbaceous layer
include blood root (Sanguinaria canadensis), Solomon's Seal (Polygonatum
biflorum), mandarin lily (Disporum lanuginosum), trillium (Trillium spp),
sarsaparilla (Aralia racemosa), lily (Cilium spp), grape fern (Botrychium
virginianum), poison ivy (Toxicodendron radicans), Virginia creeper
(Parthenocissus quinquefolia), showy orchid (Orchis spectabilis), rattlesnake
plantain (Goodyera pubescens), and common greenbrier (Smilax rotundifolia).
Protected species were not observed during the field survey. Impact to this
habitat is not likely to affect listed species.
3.3 Pine-Oak Heath
• This mesic to xeric community is found alon the rid es with sections alon the
g g ~ g
central eastern and central western portions of the property. Trees species observed
include white oak (Quercus alba), black oak (Quercus velutina), northern red oak,
southern red oak (Quercus falcata), white pine, Virginia pine (Pinus virginiana),
Carolina hemlock, and eastern hemlock (Tsuga canadensis). Species observed in
the shrubs layer include mountain laurel, rhododendron (Rhododendron maximum),
blueberry, and huckleberry. Protected species were not observed during the field
survey. Impact to this habitat is not likely to affect listed species.
3.4 Emergent Wetland
This moist to saturated community type is associated with riparian corridors and
was observed in the southern sections of the property. This habitat is defined as
emergent wetlands that are permanently or semi-permanently saturated. Tree
species observed around the perimeter of these water bodies include red maple,
yellow birch (Betula lutea), and black willow (Salix nigra). Species observed in
the shrub layer include tag alder (Alnus serrulata) and silky willow (Salix
sericea). Annual and perennial herbs observed on site include groundsel (Senecio
aureus), shallow sedge (Carex lurida), fringed sedge (Carex crinita), pointed
broom sedge (Carex scoparia), foxtail sedge (Carex vulpinoidea), soft rush
(Juncus effusus), green bulrush (Scirpus atrovirens), spike rush (Eleocharis
. obtusa), cattail (Typhus latifolia), and monkey flower (Mimulus sp). Protected
3

• species were not observed during the field survey. Impact to this habitat is not
likely to affect listed species.
3.5 Riparian Forest
This habitat is varies and often contains mesophytic and hydrophytic species.
Communities include tributaries in the bases of coves or at the toes of the slopes.
Tree species observed along the stream banks include eastern hemlock, red maple,
and tulip poplar. Shrubs observed in this habitat include rhododendron,
pepperbush (Clethra acuminata), and spicebush (Lindera benzoin). Species
observed in the herbaceous layer include coneflower (Rudbeckia laciniata),
bugleweed (Lycopus sp), goldenrod (Solidago sp), and stiff cowbane (Oxypolis
rigidior). Protected species were not observed during the field survey. Impact to
this habitat is not likely to affect listed species.
4.0 LISTED SPECIES AND ACKNOWLEDGED HABITATS
The following is a brief description of each listed species included in the survey, its
recognized habitat, and comments regarding survey results for that species.
4.1 Appalachian Elktoe
The Appalachian elktoe (Alasmidonata raveneliana) is a federally endangered mussel in
• North Carolina. This mussel has a thin but not fragile, kidney-shape shell, reaching up to
about 3.2 inches in length, 1.4 inches in height, and 1.0 inch wide. Juveniles generally
have ayellowish-brown periostracum (outer shell surface) while the periostracum of the
adults is usually dark brown to greenish-black in color. Although rays are prominent on
some shells, particularly in the posterior portion of the shell, many individuals have only
obscure greenish rays. The shell nacre (inside shell surface) is shiny, often white to
bluish-white, changing to a salmon, pinkish, or brownish color in the central and beak
cavity portions of the shell; some specimens may be marked with irregular brownish
blotches.
The species has been reported in relatively shallow, medium-sized creeks and rivers with
cool, clean, well-oxygenated, moderate- to fast-flowing water. The species is most often
found in riffles, runs, and shallow flowing pools with stable, relatively silt-free, coarse
sand and gravel substrate associated with cobble, boulders, and/or bedrock. Stability of
the substrate appears to be critical to the Appalachian elktoe, and the species is seldom
found in stream reaches with accumulations of silt or shifting sand, gravel, or cobble.
Individuals that have been encountered in these areas are believed to have been scoured
out of upstream areas during periods of heavy rain, and have not been found on
subsequent surveys.
Potential habitat does not exist within the Hawkins Mine Stream Restoration project
boundary. Due to lack of suitable habitat on the property, it is the opinion of CEC that
this project is not likely to impact the Appalachian elktoe.
4

• 4.2 Indiana Bat
The Indiana bat (Myotis sodalis) is federally listed as an endangered species. It is a
medium-sized Myotis, closely resembling the little brown bat (Myotis lucifugus) but
differing in coloration. Its fur is a dull grayfish chestnut rather than bronze, with the
basal portion of the hairs of the back dull lead colored. This bat's underparts are pinkish
to cinnamon, and its hind feet smaller and more delicate than in the little brown bat. The
calcar is strongly keeled. This species uses limestone caves for winter hibernation. The
preferred caves have a temperature averaging 37 degrees to 43 degrees Fahrenheit in
midwinter, and a relative humidity averaging 87 percent. Summer records are rather
scarce. A few individuals have been found under bridges and in old buildings, and
several maternity colonies have been found under loose bark and in the hollows of trees.
Summer foraging by females and juveniles is limited to riparian and floodplain areas.
Creeks are apparently not used if riparian trees have been removed. Males forage over
floodplain ridges and hillside forests and usually roost in caves. Foraging areas average
11.2 acres per animal in midsummer. This bat has a definite breeding period that usually
occurs during the first 10 days of October. Mating takes place at night on the ceilings of
large rooms near cave entrances. Limited mating may also occur in the spring before the
hibernating colonies disperse.
Potential wintering habitat does not exist within the Hawkins Mine Stream Restoration
project boundary. Due to lack of suitable habitat on the property, it is the opinion of CEC
i that this project is not likely to impact the Indiana bat.
4.3 Bog Turtle
The bog turtle (Clemmys muhlenbergii) is federally listed as threatened in North
Carolina. This is the smallest emydid turtle, and one of the smallest turtles in the world.
Adult carapace length is 7.9 to 11.4 cm (3.1 to 4.5 inches). The dark brown or black
carapace may be marked with radiating light lines or a light blotch on the vertebral and
pleural scutes. Scute annuli are usually prominent in juvenile and young adult
specimens, but the carapace may be nearly smooth in old adults. The head, neck, and
limbs are typically dark brown with variable reddish to yellow spots and streaks. A large
reddish-orange to yellow blotch is visible behind and above each tympanum, sometimes
merging into a continuous band on the neck. The upper jaw is weakly notched. The
plastron is brown or black, but often with lighter yellow blotches towards the medial and
anterior scute edges. A mature male bog turtle has a concave plastron and a long, thick
tail, with the vent posterior to the rear edge of the carapace with tail extended. The
female has a flat plastron and a thinner, smaller tail, with the vent at or beneath the rear
carapace edge.
The southern population of the bog turtle, ranging from southern Virginia to northern
Georgia, is also protected with a threatened designation because its physical appearance
is similar to the northern population. The southern bog turtle population is separated
• from the northern population by approximately 250 miles. However, individual bog
5

• turtles in the southern population closely resemble individuals in the northern bog turtle
population, causing difficulty in enforcing prohibitions protecting the northern
population. Therefore, the FWS is designating the southern population as "threatened
(similarity of appearance)." This designation prohibits collecting individual turtles from
this population and bans interstate and international commercial trade. It has no effect on
land management activities of private landowners in southern states where the bog turtle
lives.
Suitable habitat does not exist within the Hawkins Mine Stream Restoration project
boundary. Due to lack of suitable habitat on the property, it is the opinion of CEC that
this project is not likely to impact the bog turtle.
4.4 Spruce-Fir Moss Spider
Spruce-fir moss spider (Microhexura montivaga) is federally listed as endangered. It is
one of the smallest members of the primitive suborder of spiders that are often popularly
referred to as "tarantulas" (Harp 1991, 1992). The spruce-fir moss spider is known from
only the highest mountain peaks (at and above 5,400 feet in elevation) in the southern
Appalachian Mountains of North Carolina and Tennessee
Adults of this species measure only 0.10 to 0.15 inch (about the size of a BB) (Coyle
1981). Coloration of the spruce-fir moss spider ranges from light brown to yellow-brown
to a darker reddish brown, and there are no markings on its abdomen (Harp 1991, 1992).
• The most reliable field identification characteristics for the spruce-fir moss spider are
chelicerae that project forward well beyond the anterior edge of the carapace, a pair of
very long posterior spinnerets, and the presence of a second pair of book lungs, which
appear as light patches posterior to the genital furrow (Harp 1992).
The spruce-fir moss spider is known only from Fraser fir and red spruce forest
communities of the highest elevations of the southern Appalachian Mountains in western
North Carolina and eastern Tennessee (Coyle 1981, 1997, 1999; Harp 1991, 1992). The
typical habitat of this spider is found in damp, but well drained, moss mats growing on
rock outcrops and boulders in well-shaded situations within these forests (Coyle 1981,
1997, 1999; Harp 1992). The moss mats cannot be too dry (the species is very sensitive
to desiccation) or too wet (large drops of water can also pose a threat to the spider). The
spider constructs tube-shaped webs in the interface between the moss mat and rock
surface. There is no record of prey having been found in the webs of the spruce-fir moss
spider, nor has the species been observed taking prey in the wild, but the abundant
springtails (collembolans) in the moss mats provide the most likely source of food for the
spider (Coyle 1981, Harp 1992).
No Fraser fir or red spruce forest communities were observed on site. In addition, all of
the site is located below 5,400 feet where the spruce-fir moss spider is known to occur.
Suitable habitat does not exist within the Hawkins Mine Stream Restoration project
boundary. Due to lack of suitable habitat on the property, it is the opinion of CEC that
• this project is not likely to impact the spruce-fir moss spider.
6

• 4.5 Roan Mountain Bluet
The Roan Mountain bluet is federally listed as an endangered species. This species is
observed in the crevices of rock outcrops at the summits of high elevation (4,200-6,300
feet) peaks of the southern Blue Ridge Mountains; also in thin, gravelly soils of grassy
balds near summit outcrops. The Roan Mountain bluet can he distinguished from other
bluets by the flowers deep, reddish-purple color; its smooth-margined (not ciliate) leaves,
and its compact stature and clump-forming growth habit. This species flowers in late
May-August.
Suitable habitat does not exist within the Hawkins Mine Stream Restoration project
boundary. Due to lack of suitable habitat on the property, it is the opinion of CEC that
this project is not likely to impact Roan Mountain bluets.
4.6 Heller's Blazing Star
Heller's blazing star is federally listed as a threatened species. It inhabits high elevation
ledges of rock outcrops and cliffs in shallow acid soils, which are exposed to full sun.
This species is identified by a spike of lavender flowers on one or more erect stems
(maximum 16 inches) arising from a tuft of narrow pale green basal leaves. This plant is
differentiated from other similar high altitudes Liatris species by a shorter pappus, cilitate
petioles, internally pilose corolla tubes, and a lower, stockier habit. This species flowers
• from July-September.
Suitable habitat does not exist within the Hawkins Mine Stream Restoration project
boundary. Due to lack of suitable habitat on the property, it is the opinion of CEC that
this project is not likely to impact Heller's blazing star.
4.7 Blue Ridge Golden Rod
Blue Ridge golden rod is federally listed as a threatened species, this species inhabits rock
crevices and cliffs at high elevations (above 4,600 feet) of the Blue Ridge Mountains.
The plant is considered an early pioneer species and is found growing in full sun in the
crevices of granite outcrops. This species is 4-8 inches tall and has flat-topped, yellow
flowers. The leaves are oblanceolate or spatulate. Blue Ridge golden rod differs from
other goldenrods in its range and by the flat-topped inflorescence and the smooth,
toothed, non-clasping stem leaves. This species flowers in late July-September.
Suitable habitat does not exist within the Hawkins Mine Stream Restoration project
boundary. Due to lack of suitable habitat on the property, it is the opinion of CEC that
this project is not likely to impact Blue Ridge golden rod.
•
7

4.8 Spreading Avens
• The spreading avens Geum radiatum is federall listed as endan ered lant in
~ ~ y g p North.
Carolina. It is distinguished by mostly basal leaves with large terminal lobes. The stems
are 8-20 inches tall. The inflorescences are indefinite cymes of large bright yellow
flowers. There are no other similar species of Geum in the Southeast.
Habitat is in the Southern Blue Ridge Mountains on high-elevation cliffs, outcrops, and
steep slopes which are exposed to full sun; also in thin, gravelly soils of grassy balds near
summit outcrops. Habitat also includes open, exposed high elevation cliffs, outcrops,
steep slopes and gravelly talus associated with cliffs with shallow acidic soils.
Threats to this species include trampling; and commercial, residential and recreational
development. Air pollution may also inhibit plants.
Suitable habitat does not exist within the Hawkins Mine Stream Restoration project
boundary. Due to lack of suitable habitat on the property, it is the opinion of CEC that
this project is not likely to impact spreading avens.
4.9 Carolina Northern Flying Squirrel
The Northern flying squirrel (Glaucomys sabrinus coloratus) is federally listed as
endangered in North Carolina. This small nocturnal gliding mammal is 260-305
• millimeters (10 to 12 inches) in total length and 95-140 grams (3-5 ounces) in weight. It
possesses a long, broad, flattened tail (80 percent of head and body length), prominent
eyes, and dense, silky fur. The broad tail and folds of skin between the wrist and ankle
form the aerodynamic surface used for gliding. Adults are gray with a brownish, tan, or
reddish wash on the back, and grayish white or huffy white ventrally. Juveniles have
uniform dark, slate-gray backs, and off-white undersides.
The Northern flying squirrel is a nocturnal creature found in mixed forests from the
Alaskan and Canadian tree line southward to Northern California and Colorado to Central
Michigan and Wisconsin and in North Carolina and Tennessee. They are also found in
higher elevations of the Southern Appalachian Mountains, the Black Hills and the Sierra
Nevada. Carolina Northern flying squirrel and the Virginia northern flying squirrel are
subspecies that are on the endangered species list.
Carolina Northern flying squirrels are omnivorous. They eat the seeds, nuts, and fruits of
conifers, oaks, other trees, and shrubs. They also eat lichens, fungi, arthropods, eggs, and
birds. They forage in trees and on the forest floor and may bury seeds in ground, or store
food in crevices. Flying squirrels use cavities in mature trees, snags, or logs for cover.
Most nests are in cavities in trees or snags. Some nests are constructed on tree branches
using twigs and leaves; occasionally a bird's nest is remodeled. Nests are lined with bark,
leaves, lichens, or twigs. Mature, dense conifer habitats intermixed with various riparian
habitats support flying squirrel populations. Large trees and snags are required. These
•
8

• tree squirrels live near rivers and streams, and probably require drinking water, at least in
summer.
Suitable habitat does not exist within the Hawkins Mine Stream Restoration project
boundary. Due to lack of suitable habitat on the property, it is the opinion of CEC that
this project is not likely to impact Carolina Northern flying squirrel.
4.10 Rock Gnome Lichen
The rock gnome lichen (Gymnoderma lineare) is federally listed as endangered in North
Carolina. It is found on rocks in areas of high humidity either at high elevations (usually
vertical cliff faces) or on boulders and large rock outcrops in deep river gorges at lower
elevations. Distinguishing characteristics include its growth pattern in dense colonies of
narrow (.04 inch) straps that are blue-grey on the upper surface and generally shiny-white
on the lower surface. Lichen strips near the base grade to black (the similar species of
squamulose Cladonias are never blackened toward the base). Fruiting bodies are borne at
the tips of the straps and are black (similar Cladonia species have brown or red fruiting
bodies).
Threats to this lichen include trampling; commercial, residential and recreational
development; possibly air pollution; collection; and coniferous forest decline.
Suitable habitat does not exist within the Hawkins Mine Stream Restoration project
• boundary. Due to lack of suitable habitat on the property, it is the opinion of CEC that
this project is not likely to impact rock gnome lichen.
4.11 Virginia Spirea
Virginia Spirea (Spirea virginiana) is federally listed as threatened in North Carolina. It
has cream-colored flowers on branched and flat-topped axes. This shrubby plant grows
from 2 to 10 feet (0.6 to 3 meters) tall and has arching, upright stems. Its alternate leaves
are of different sizes and shapes. Distinguishing characteristics include cream-colored
flowers; and the pedicels, lower leaf surfaces and floral cups are glaucus. Virginia spirea
spreads clonally and forms dense clumps, which spread in rock crevices and around
boulders. Flowering occurs in June and July.
Virginia spirea is unique because it occurs along rocky, flood-scoured riverbanks in
gorges or canyons. Although it is an unusual requirement, flood scouring is essential to
this plant's survival because it eliminates taller woody competitors and creates riverwash
deposits and early successional habitats. These conditions are apparently essential for
this plant's colonization of new sites. The bedrock surrounding Virginia spirea habitat is
primarily sandstone and soils are acidic and moist. Virginia spirea grows best in full sun,
but it can tolerate some shade.
Virginia spirea faces a variety of threats. Most extirpated populations were eliminated by
• reservoir construction, and this is still a threat. Although Virginia spirea needs some
9

• flooding to maintain its habitat requirements, severe flooding or inundation caused by
dams would eliminate the species. Suitable habitat has disappeared throughout the range,
either because of severe flooding or water stabilization, which reduces scouring. Clear
cutting to stream edges and the removal of riparian soils and vegetation are also a threat.
Suitable habitat does not exist within the Hawkins Mine Stream Restoration project
boundary. Due to lack of suitable habitat on the property, it is the opinion of CEC that
this project is not likely to impact Virginia spirea.
CONCLUSION
During completion of threatened and endangered species assessments for the project site,
C1earWater Environmental Consultants, Inc. did not observe suitable habitat for listed
species. As such, the proposed project is not likely to cause an adverse impact to any
federally listed threatened or endangered species.
Although no federally listed threatened and endangered species were identified during
these surveys, because of the transitory nature of some of the listed threatened and
endangered species and the particular flower and fruiting periods of some plants, it is
possible that endangered species populations and locations may change over time.
Therefore, any potential findings at a later date should be fully investigated and
coordinated with appropriate agencies to prevent potential adverse impacts.
•
•
10

Hawkins Mine
Mitchell County
North Carolina
CLEARWATER
Environmental Consultants, Inc.
718 Oakland Street
Hendersonville, NC 28791
828-698-9800
Vicinity Map
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CLEARWATER
Hawkins Mine Environmental consultants, inc. USGS Topographic Map
Mitchell County 718 Oakland street Spruce Pine Quad
North Carolina Hendersonv~ue, the 28791 Figure 2
828-698-9800

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CLEARWATER
Hawkins Mine Environmental Consultants, Inc.
Mitchell County n s oakiana sheet Habitat Map
North Carolina Hendersonviue, Nc zs~91
828-698-9800 Figure 3

•
Appendix A
•

ivlitcneii ~,ounry rnaangerea species, Threatened ~pecies,hederal Species of Concern, an... Page 1 of 3
Endangered Species, Threatened Species,Federal Species of
Concern, and Candidate Species,
Mitchell County, North Carolina
Updated: OS-10-2007
Critical Habitat Designations:
.Appalachian elktoe - Alasmidonta raveneliana -The main stem of the North Toe River, Yancey and
Mitchell Counties, North Carolina, from the confluence of Big Crabtree Creek, downstream to the
confluence of the South Toe River; the main stem of the South Toe River, Yancey County, North
Carolina, from the N.C. State Route 1152 Bridge, downstream to its confluence with the North Toe
River; the main stem of the Toe River, Yancey and Mitchell Counties, North Carolina, from the
confluence of the North Toe River and the South Toe River, downstream to the confluence of the Cane
River; the main stem of the Cane River, Yancey County, North Carolina, from the N.C. State Route
1381 Bridge, downstream to its confluence with the Toe River; and the main stem of the Nolichucky
River, from the confluence of the Toe River and the Cane River in Yancey and Mitchell Counties, North
Carolina, downstream to the U.S. Highway 23/19W Bridge southwest of Erwin, Unicoi County,
Tennessee. Within these areas, the primary constituent elements include: (i) Permanent, flowing, cool,
clean water; (ii)Geomorphically stable stream channels and banks; (iii)Pool, riffle, and run sequences
within the channel; (iv)Stable sand, gravel, cobble, boulder, and bedrock substrates with no more than
low amounts of fine sediment; (v)Moderate to high stream gradient; (vi)Periodic natural flooding; and
(vii)Fish hosts, with adequate living, foraging, and spawning areas for them.
Federal Register Reference: September 27, 2002, Federal Register, 67:61016-61040.
Spruce-fir moss spider - Microhexura montivaga -All portions of the Pisgah National Forest in North
Carolina and the Cherokee National Forest in Tennessee, bounded to the north and to the south of the
North Carolina/Tennessee state line by the 1,646-m (5,400-ft) contour, from the intersection of the
1,646-m (5,400-ft) contour with the State line north of Elk Hollow Branch, Avery County, North
Carolina, and southwest of Yellow Mountain, Carter County, Tennessee, west to the 1,646-m (5,400-ft)
contour at Eagle Cliff, Mitchell County, North Carolina. Within these areas, the primary constituent
einents include (1) Fraser fir or fir-dominated spruce-fir forests at and above 1,646-m (5,400-m) in
evation, and (2) moderately thick and humid, but not wet, moss (species in the genus Dicranodontium,
and possibly Polytrichum) and/or liverwort ir~ats on rock surfaces that are adequately sheltered from the
httD://WWW_fWS_~(lv/nC-P.e/e~/~ntvlict/mitnhPll html iii i i~nn~

iviitcneii ~;ounty ~nctangered Species, Threatened Species,Federal Species of Concern, an... Page 2 of 3
sun and rain (by overhang and aspect) and include a thin layer of humid soil and/or humus between the
moss and rock surface.
.Federal Register Reference: July6, 2001, Federal Register, 66:35547-35566.
Common Name Scientific name Federal Record Status
Status
Vertebrate:
Allegheny woodrat Neotoma magister FSC Obscure
Appalachian cottontail Sylvilagus obscures FSC Current
Bog turtle Clemmys muhlenbergii T (S/A) Current
Carolina northern flying squirrel Glaucomys sabrinus coloratus E Current
Hellbender Cryptobranchus alleganiensis FSC Current
Indiana bat Myotis sodalis E Historic
Mountain blotched chub Erimystax insignis eristigma FSC Obscure
Northern saw-whet owl Aegolius acadicus pop. 1 FSC Current
(Southern Appalachian
population)
Olive darter Percina squamata FSC Current
Olive-sided flycatcher Contopus cooperi FSC Historic
Pygmy salamander Desmognathus wrighti FSC Current
Red crossbill (Southern Loxia curvirostra FSC Current
Appalachian)
•Sharphead darter Etheostoma acuticeps FSC Current
Southern Appalachian black- Poecile atricapillus practices FSC Current
capped chickadee
Yellow-bellied sapsucker Sphyrapicus varies FSC Historic
(Southern Appalachian appalachiensis
population)
Invertebrate:
Appalachian elktoe Alasmidonta raveneliana E Current
Diana fritillary (butterfly) Speyeria diana FSC Obscure
Roan supercoil Paravitrea varidens FSC Historic
Spruce-fir moss spider Microhexura montivaga E Current
Vascular Plant:
Bent avens Geum geniculatum FSC Current
Blue Ridge goldenrod Solidago spithamaea T Current
Butternut Juglans cinerea FSC Historic
Darlington's spurge Euphorbia purpurea FSC Current
Fraser fir Abies fraseri FSC Current
Gray's lily Lilium grayi FSC Current
Gray's saxifrage Saxifraga caroliniana FSC Current
eller's blazing star Liatris helleri T Historic
ountain bitter cress Cardamine clematitis FSC Current
httn'//www fwc env/nr-PC/P.c/rntvliat/mitrhPll html iii ~ inn-

ivlncneli ~.ounry ~naangerea species, l rireatened Jpecies,.h~ederal Species of Concern, an... Page 3 of 3
Piratebush
Roan False Goat's-beard
i Roan mountain bluet
Spreading avens
Tall larkspur
Virginia spiraea
Nonvascular plant:
a liverwort
a liverwort
Lichen:
Rock gnome lichen
BZCCkleya distichophylla FSC Current
Astilbe crenatiloba FSC Historic
Hedyotis purpurea var. montana E Current
Geum radiatum E Current
Delphinium exaltatum FSC Historic
Spiraea virginiana T Current
Plagiochila sullivantii var. FSC Historic
sullivantii
Sphenolobopsis pearsonii FSC Historic
Gymnoderma lineare E Current
Definitions of Federal Status Codes:
E = endangered. A taxon "in danger of extinction throughout all or a significant portion of its range."
T = threatened. A taxon "likely to become endangered within the foreseeable future throughout all or a
significant portion of its range."
P = proposed. A taxon proposed for official listing as endangered or threatened.
C = candidate. A taxon under consideration for official listing for which there is sufficient information
to support listing. (Formerly "C1"candidate species.)
FSC =federal species of concern. A species under consideration for listing, for which there is
insufficient information to support listing at this time. These species may or may not be listed in the
future, and many of these species were formerly recognized as "C2" candidate species.
SI'(S/A) =threatened due to similarity of appearance. A species that is threatened due to similarity of
appearance with other rare species and is listed for its protection. These species are not biologically
endangered or threatened and are not subject to Section 7 consultation.
EXP =experimental population. A taxon listed as experimental (either essential or nonessential).
Experimental, nonessential populations of endangered species (e.g., red wolf) are treated as threatened
species on public land, for consultation purposes, and as species proposed for listing on private land.
Definitions of "Record Status" qualifiers:
Current -the species has been observed in the county within the last 50 years.
Historic -the species was last observed in the county more than 50 years ago.
Obscure -the date and/or location of observation is uncertain.
IncidentaUmigrant -the species was observed outside of its normal range or habitat.
Probable/potential -the species is considered likely to occur in this county based on the proximity of
known records (in adjacent counties), the presence of potentially suitable habitat, or both.
•
httn://www.fws.rev/nc-es/e~/cntvli~t/mitnhPll htmt iii > i~nn~

NC NHP Quad Search Page 1 of 1
NC NHP Quad Search Results
New Search

.Returned Elements: 19 using: SPRUCE P INE
[Nonvascular Plant 1] [Vascular Plant 12] [Vertebrate Animal 6]
Major Group Scientific Name Common Name State Federal State Global Quad -Status Map _
Statu s Status Rank Rank Habitat
Plantascular Gymnoderma lineare Rock Gnome Lichen T E S2 G2 Spruce Pine-Current Link
Vascular Campanula aparinoides
Plant Marsh Bellflower SR-P None S2 G5 Spruce Pine-Historic Link
-
Plantular Cardamine clematitis Mountain Bittercress SR-T FSC S2 G3 Spruce Pine-Current Link
Vascular Carex misera
Plant Wretched Sedge SR-L None S3 G3 Spruce Pine-Current Link
Plant lar Ce/astrus scandens American Bittersweet SR-P None S2? G5 Spruce Pine-Historic Link
Plantular Crocanthemum propinquum Creeping Sunrose SR-P None S1 G4 Spruce Pine-Historic Link
Vascular Geum radiatum
Plant Spreading Avens E-SC E S2 G2 Spruce Pine-Current Link
Vascular youstonia montana
Plant Roan Mountain B(uet E E S2 G2 Spruce Pine-Current Link
_
Vascular Huperzia appalachiana
Plant Appalachian Fir-
clubmoss SR-P None S2 G4G5 Spruce Pine-Current Link
_
Plantular Lilium grayi Gray's Lily T-SC FSC S3 G3 Spruce Pine-Current Link
Plantular Prenanthes alba White Rattlesnakeroot SR-P None S2? G5 Spruce Pine-Historic Link
ular Sa
if
li
i
• C
x
raga caro
n
ana
Plant arolina Saxifrage SR-T FSC S3 G3 Spruce Pine-Current Link
Vascular Vaccinium macrocarpon
Plant Cranberry SR-P None S2 G4 Spruce Pine-Historic Link
An mearate Crotalus horridus Timber Rattlesnake SC None S3 G4 Spruce Pine-Historic Link
Vertebrate Cryptobranchus

Animal alleganiensis Hellbender SC FSC S3 G3G4 Spruce Pine-Historic Link
An mea rate Etheostoma acuticeps Sharphead Darter T FSC S1 G3 Spruce Pine-Historic Link
An mearate Glyptemys muhlenbergii Bog Turtle T T(S/A) S2 G3 Spruce Pine-Current Link
Vertebrate Myotis septentrionalis Northern Long-eared SC None S3 G4 Spruce Pine-
Animal Myotis Obscure Link
An mearate Percina squamata Olive Darter SC FSC S2 G3 Spruce Pine-Historic Link
NC NHP database updated on: Th ursday, March 1st, 2007.
Search performed on Tuesday, 12 June 2007 @ 15:31:45 EDST
Explanation of Codes
•
l...a..../n nn i co 1 1 nL/~L__ l,-.__...J _-L__

lv~, >~nr county 1/tement search Page 1 of 5
NC NHP County Element Search Results
New Search

.Returned Elements: 122 using: MITCHELL ALL
[Invertebrate Animal 18j [Natural Com munity 3] [Nonvascular Plant 22] [Vascular Plant 54] [Vertebrate Animal 25]

Major Group Scientific Name
Common Name State Federal State Global Coun
~ Ma
P -
Status Statu s Rank Rank _
Status Habitat
Invertebrate Alasmidonta raveneliana
Animal Appalachian Elktoe E E S1 G1 Mitchell -
Link
Obscure
Invertebrate Autochton cellus
Animal Golden Banded-Skipper SR None S2 G4 Mitchell -
Link
Current
Invertebrate Celastrina nigra
Animal Dusky Azure SR None S2? G4 Mitchell -
Link
Current
Invertebrate Discus bryanti
Animal Sawtooth Disc SC None S2 G3 Mitchell -
Link
Current
Invertebrate Erora laeta
Animal Early Hairstreak SR None S2S3 GU Mitchell -
Link
Current
Invertebrate Euphydryas phaeton
Animal Baltimore Checkerspot SR None S2 G4 Mitchell -
Link
Current
Invertebrate Gomphus borealis
Animal Beaverpond Clubtail SR None SH G4 Mitchell -
Link
Historical
Invertebrate Inflectarius subpalliatus
Animal Velvet Covert SC None S2 G2 Mitchell -
Link
Current
Invertebrate Lampsilis fasciola
Animal Wavy-rayed Lampmussel SC None S1 G5 Mitchell -
Link
Obscure
Invertebrate Microhexura montivaga
Animal Spruce-fir Moss Spider SR E S1 G1 Mitchell -
Link
Current
Invertebrate Ophiogomphus mainensis
Animal ~ Maine Snaketail SR None S2S3 G4 Mitchell -
Link
Obscure
invertebrate Pallifera hemphilli
Animal Black Mantleslug SC None S2 G4 Mitchell -
Link
Obscure
Invertebrate Paravifrea andrewsae
Animal High Mountain Supercoil SC None S2 G2 Mitchell -
Link
Current
Invertebrate Paravifrea placentula
Animal Glossy Supercoil SC None S2 G3 Mitchell -
Link
Current
Invertebrate Paravifrea varidens
Animal Roan Supercoil T FSC S1S2 G1G2 Mitchell -
Link
Current
Invertebrate Pilsbryna vanattai
Animal Honey Glyph SC None S1S2 G2G3 Mitchell -
Link
Obscure
Invertebrate polygonia progne
Animal Gray Comma SR None S1 G5 Mitchell -
Link
Obscure
Invertebrate Ventridens collisella
Animal Sculptured Dome SR None S1 G4 Mitchell -
Link
Current
Natural Grassy bald
Community None None None S2 G2 Mitchell -
Link
Current
Natural High elevation rocky summit
Community None None None S2 G2 Mitcheli -
Link
Current
Natural yi h elevation see
Community g p None
None
None
S2S3
G3 Mitchell -
Link
Current -
Nonvascular Anaptychia setifera
Plant Hanging Fringe Lichen SR-D None S1 G3G4 Mitchell -
Link
Current
P antascular Anastrophy/lum saxicola A Liverwort SR-D None S1 G3G4 Mitchell - Link
Historical -
Nonvascular Bazzania nudicaulis
Plant A Liverwort SR-T None S2 G2G3 Mitchell -
Link
Current
Nonvascular Brachydontium trichodes
Plant Peak Moss SR-D None S1 G2G4 Mitchell -
Link
Current
onvascular Cetrelia cetrarioides
lant Sea Storm Lichen SR-D None S2 G4G5 Mitchell -
Link
Historical
Nonvascular Dichodontium pellucidum
httn://149.1 hR.l .19~/nhn/find nhn
Transparent Fork Moss SR-P None S2 G4G5 Mitchell - Link
iii r i~nn~

ivy, ivnr ~,ounry dement ,~earcn Page 2 of 5
Plant
Historical
Nonvascular Diplophyllum apiculatum var
.
Plant taxifolioides q Liverwort SR-L None S1 G5T2Q Mitchell -
Link
Historical
• Nonvascular Gymnoderma lineare
Plant Rock Gnome Lichen T E S2 G2 Mitchell -
Link
Current
Nonvascular Le todontium excelsum
Plant p Grandfather Mountain
SR-L
None
S1
G2 Mitchell -
Leptodontium Current Link
Nonvascular Leptohymenium sharpii
Plant Mount Leconte Moss SR-L None S1 G1 Mitchell -
Historical Link
Nonvascular Lepfoscyphus cuneifolius
Plant A Liverwort SR-D None S2 G4G5 Mitchell - Link
Historical -
Nonvascular Marsupella emarginata var
.
Plant latiloba A Liverwort SR-L None S1 G5T1T2 Mitchell -
Link
Historical
Nonvascular Melanelia stygia
Plant Alpine Camouflage Lichen SR-D None S1S2 G4G5 Mitchell -
Link
Current
Nonvascular Plagiochila corniculata
Plant A Liverwort SR-D None S2 G4? Mitchell -
Link
Current
Nonvascular Plagiochila sullivantii var
.
Plant sullivantii A Liverwort SR-T FSC S2 G2T2 Mitchell -
Link
Historical
Nonvascular Ptilidium ciliare
Plant A Liverwort SR-D None S1 G5 Mitchell -
Link
Obscure
Nonvascular Rhytidium rugosum
Plant Golden Tundra-moss SR-P None S2 G5 Mitchell -
Link
Current
Nonvascular Sphagnum angustifolium
Plant Narrowleaf Peatmoss SR-D None S1 G5 Mitchell -
Link
Current
Nonvascular Sphagnum flavicomans
Plant Peatmoss SR-T None SH G3 Mitchell -
Link
Historical
Nonvascular Sphagnum subsecundum
Plant Orange Peatmoss SR-P None S1 G5 Mitchell -
Current Link
Plantascular Sphenolobopsis pearsonii A Liverwort E FSC S2 G2? Mitchell - Link
Current
Nonvascular Xanthoparmelia monticola
Plant ARock-shield Lichen SR-L None S2? G2? Mitchell -
Link
Historical
Vascular
Aconitum reclinatum
Plant Trailing Woifsbane SR-T None S3 G3 Mitchell -
Link
Current
Vascular
Agrostis mertensii
Plant Arctic Bentgrass E None S1 G5 Mitchell -
Link
Historical
Vascular
Alnus viridis ssp. crisps
Plant Green Alder SR-D None S1 G5T5 Mitchell -
Link
Cun•ent
Vascular
Astilbe crenatiloba
Plant Roan False Goat's-beard SR-T FSC SX GXQ Mitchell -
Link
Historical
Vascular
Botrychium oneidense
Plant Blunt-lobed Grape-fern SR-P None S2 G40 Mitchell - Link
Historical -
Vascular
gotrychium simplex var. simplex Least Moonwort
Plant SR-P None S2 G5T5 Mitchell -
Link
Current
Vascular
guckleya distichophylla
Plant Piratebush E FSC S2 G2 Mitchell -
Link
Current
Vascular Calamagrostis canadensis
Plant Canada Reed Grass SR-P None S1 G5 Mitchell -
Historical Link
Vascular Campanula aparinoides
Plant Marsh Bellflower SR-P None S2 G5 Mitchell -
Link
Obscure
Vascular Cardamine clematitis
Plant Mountain Bittercress SR-T FSC S2 G3 Mitchell -
Link
Current
Vascular
Cardamine rotundifolia
Plant Mountain Watercress SR-P None S2 Gq Mitchell -
Link
Current
Vascular
Carex misers
Plant Wretched Sedge SR-L None S3 G3 Mitchell -
Link
Current
Vascular
Carex oligosperma
Plant Few-seeded Sedge E None S1 GS? Mitchell -
Link
Current
ascular Carex projects
lant Necklace Sedge SR-P None S1 G5 Mitchell -
Link
Current
Vascular Carex roanensis Roan Sedge SR-T None S2 G2 Mitchell - Link
httu://149.168.1.196/nhn/find~nhn ~n i innn~

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Page 3 of 5
Plant
Current
ular
Plant Carex trisperma Three-seeded Sedge SR-P None S1 G5 Mitchell -
Link
Historical
• Vascular
Plant Carex woodii Wood's Sedge SR-P None S2 G4 Mitchell -
Link
Historical
Vascular

Plant Celastrus scandens American Bittersweet SR-P None S2? G5 Mitchell -
Link
Historical
Vascular

Plant Chamerion platyphyllum Fireweed SR-P None S1 G5T5 Mitchell -
Link
Current
Vascular

Plant Coreopsis latifolia Broadleaf Coreopsis 5R-T None S3 G3 Mitchell -
Link
Historical
ular
Plant Cystopteris fragilis Fragile Fern SR-P None S1 G5 Mitchell - Link
Current -
Vascular

Plant Delphinium exaltatum Tall Larkspur E-SC FSC S2 G3 Mitchell -
Link
Historical
Vascular

Plant Dicentra eximia Bleeding Heart SR-P None S2 G4 Mitchell -
Link
Current
Vascular

Plant Epilobium ciliatum Purpleleaf Willowherb SR-P None S2 G5 Mitchell -
Link
Obscure
Vascular

Plant Euphorbia purpurea Glade Spurge SR-T FSC S2 G3 Mitchell -
Link
Current
Vascular

Plant Geum geniculatum Bent Avens T FSC S2 G2 Mitchell -
Link
Current
ular
Pla t Geum radtatum Spreading Avens E-SC E S2 G2 Mitchell - Link
Current -
Vascular
Plant Houstonia montana Roan Mountain Bluet E E S2 G2 Mitchell -
Link
Current
Vascular

Plant Nu erzia a
p ppalachiana
Appalachian Fir-clubmoss
SR-P
None
S2
G4G5 Mitchell -
Link
Current
Vascular
Plant Juncus trifidus Highland Rush E None S1 G5 Mitchell -
Link
Current
~ascular
Plant Liatris helleri Heller's Blazing-star T-SC T S2 G2 Mitchell -
Link
Historical
Vascular

Plant Lilium grayi Gray's Lily T-SC FSC 53 G3 Mitchell -
Link
Current
Vascular Lilium philadelphicum var.

Plant
philadelphicum Wood Lil
Y
SR-P
None
S2
G5T4T5 Mitchell -
Link
Current
Vascular

Plant Lonicera canadensis American Fly-honeysuckle SR-P None S2 G5 Mitchell -
Link
Historical
Vascular

Plant Minuartia groenlandica Greenland Sandwort SR-D None S2 G5 Mitchell -
Link
Current
Vascular

Plant Muhlenbergia sobolifera Rock Muhly SR-P None SH G5 Mitchell -
Link
Historical
Vascular Schweinitz's Ragwort

Plant Packers schweinitziana (=Senecio E None S2 G5? Mitchell - Link
schweinitzianus) Current -
Vascular
Plant Platanthera peramoena Purple Fringeless Orchid SR-P None S2 G5 Mitchell -
Link
Historical
Vascular

Plant Poa palustris Swamp Bluegrass SR-P None S1 G5 Mitchell -
Link
Current
Vascular

Plant Prenanthes albs White Rattlesnakeroot SR-P None S2?
G5 Mitchell -
Link
Historical
Vascular

Plant Rhodiola rosea Roseroot (=Sedum rosea) E None S1 G5 Mitchell -
Link
Current
Vascular

Plant Rhododendron vaseyi Pink-shell Azalea SR-L None S3 G3 Mitchell -
Link
Obscure
Vascular

Plant Rhynchospora albs Northern White Beaksedge SR-P None S2 G5 Mitchell -
Link
Current
Vascular

ant Robinia hartwegii Hartweg's Locust SR-L None S2 G2 Mitchell -
Link
~ Historical
Plantular Saxifraga caroliniana Carolina Saxifrage SR-T FSC S3 G3 Mitchell -
Link
Current
httn:// 149.168.1.196/nhn/fi n d.nhn
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Page 4 of 5
Vascular
Plant Sceptridium multifidum Leathery Grape-fern SR-P None SH G5 Mitchell -
Link
Current
Vascular
Plant Scutellaria saxatilis Rock Skullcap SR-T None S1 G3 Mitchell -
Link
• Current
Vascular
Plant Solidago spithamaea Blue Ridge Goldenrod E T S1 G1 Mitchell -
Link
Current
Plantular Spartina pectinata Freshwater Cordgrass SR-P None S1 G5 Mitchell -
Link
Obscure
Vascular
Plant Spiraea virginiana Virginia Spiraea E T S2 G2 Mitchell -
Link
Current
Vascular

Plant Streptopus amplexifolius White Mandarin SR-P None S1 G5 Mitchell -
Link
Current
Vascular
Plant Trichophorum cespitosum Deerhair Bulrush SR-D None S2S3 G5 Mitchell -
Link
Current
Vascular

Plant Trisetum spicatum Soft Trisetum E None SX G5 Mitchell -
Link
Historical
Vascular

Plant Veronica americana American Speedwell SR-P None S2 G5 Mitchell -
Link
Historical
Vertebrate

Animal Accipiter striatus Sharp-shinned Hawk SR None S26,S4 N G5 Mitchell -
Link
Obscure
Vertebrate
Animal Ae olius acadicus o 1
g p p' Southern Appalachian
Northern Saw-whet O
l
T
FSC
S26,S2
N G5TNR Mitchell -
Link
w Current
Vertebrate
Animal Catharus guttatus Hermit Thrush SR None S2B,S5N G5 Mitchell -
Link
Current
Vertebrate
Animal Certhia americana Brown Creeper SC None S36,S5N G5 Mitchell -
Link
Current
Vertebrate
Animal Coccyzus erythropthalmus Black-billed Cuckoo SR None S26 G5 Mitchell -
Link
Obscure
Vertebrate

Animal Contopus cooperi Olive-sided Flycatcher SC FSC SUB G4 Mitchell -
Link
Current
Vertebrate
~nimal Crotalus horridus Timber Rattlesnake SC None S3 G4 Mitchell -
Link
Historical
Vertebrate
Animal Cryptobranchus alleganiensis Hellbender SC FSC S3 G3G4 Mitchell -
Link
Current
Vertebrate
Animal Dendroica magnolia Magnolia Warbler SR None S1S2B G5 Mitchell -
Link
Current
Vertebrate
Animal pesmognathus wrighti Pigmy Salamander SR FSC S3 G3G4 Mitchell -
Link
Historical
Vertebrate
Anima( Empidonax alnorum Alder Flycatcher SR None S2B G5 Mitchell -
Link
Current
Vertebrate

Animal Etheostoma acuticeps Sharphead Darter T FSC S1 G3 Mitchell -
Link
Current
Vertebrate
Animal Glaucomys sabrinus coloratus Carolina Northern Flying E E S2 G5T1 Mitchell -
Squirrel Current Link
Vertebrate
Animal Glyptemys muhlenbergii Bog Turtle T T S2 Gg Mitchell -
Link
Current
Vertebrate
Animal Hemidactylium scutatum Four-toed Salamander SC None S3 G5 Mitchell -
Link
Current
Vertebrate
Animal Lasionycteris noctivagans Silver-haired Bat SR None S2? G5 Mitchell -
Link
B,S4N Historical
Vertebrate
Animal Loxia curvirostra o 7
p p' Southern Appalachian Red
SC
FSC
S36
S3N
G5TNR Mitchell -
Crossbill , Current Link
Vertebrate
Animal Mustela nivalis Least Weasel SR None S2 G5 Mitchell -
Link
Historical
Vertebrate

Animal Myotis sodalis Indiana Myotis E E S1? G2 Mitchell -
Link
Historical
Vertebrate
Animal Neotoma ma inter
g A
ppalachian Woodrat
SC
FSC
S2
G3G4 Mitchell -
Link
Obscure
Vertebrate
nimal Percina squamata Olive Darter SC FSC S2 G3 Mitchell -
Link
Current
ertebrate
Animal plethodon welleri Welter's Salamander SC None S2 G3 Mitchell -
Link
Current
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Page 5 of 5
Vertebrate
Animal Pooecetes gramineus Vesper Sparrow SR None S2B,S2N G5 Mitchell -
Current
Vertebrate Sphyrapicus varius Appalachian Yellow-bellied Mitchell -
Animal appalachiensis SC
Sapsucker FSC S3B,S5N G5TNR
Historical
Vertebrate
Animal Sylvilagus o6scurus Appalachian Cottontail SR FSC S3 G4 Mitchell -
Current
NC NHP database updated on Thursday, March 1st, 2007.
Search performed on Monday, 11 June 2007 @ 16:36:07 EDST
Explanation of Codes
•
•
Link
Link
Link
http://149.168.1.196/nhn/find.nhn iii , i~nn~

• Appendix B
i
(Spec
es List)
Acer pensylvanicum Cornus alternifolia
Acer rubrum Cornus Florida
Acer saccharinum Coronilla varia
Acer saccharum Crataegus punctata
Aesculus flava Crataegus viridis
Allium tricoccum Daucus carota
Alnus serrulata Dennstaedtia punctilobula
Amelanchier arborea Dioscorea villosa
Apios americana Disporum lanuginosum
Apocynum cannabinum Eleocharis sp
Arabis laevigata Erigeron philadelphicus
Aralia nudicaulis Euonymus americanus
Aralia racemosa Eupatorium perfoliatum
Arctium minus Eupatorium purpureum
Arisaema dracontium Fragaria virginiana
Arisaema triphyllum Fraxinus pensylvanica
Aristolochia macrophylla Galax urceolata
Aruncus dioicus Galearis spectabilis
Asclepia quadrifolia Gaylussacia ursine
Asplenium platyneuron
A Geranium maculatum
ster sp. Geum sp
Athyrium Felix femina asplenoides Goodyera pubescens
Betula lutea Houstonia purpurea
Bidens tripartita Hydrangea arborescens
Botrychium virginianum Hypericum prolificum
Calycanthus floridus Hypericum punctatum
Carex crinita Ipomoea pandurata
Carex lurida Juglans nigra
Carex scoparia Kalmia latifolia
Carex vulpinoidea Lespedeza bicolor
Carpinus caroliniana Lilium sp
Carya glabra var. odorata Lindera benzoin
Carya ovata Liriodendron tulipfera
Carya tomentosa Ludwigia sp
Castanea dentata Lycopodium digitatum
Caulophyllum thalictroides Lycopus sp
Celastrus orbiculatus Lysimachia quadrifolia
Cimicifuga racemosa Magnolia acuminata
Clematis virginiana Magnolia fraseri
Clethera acuminata Medeola virginiana
Clintonia umbellata Monarda clinopoda
Collinsonia canadensis Monarda fistulosa
• Coreopsis major var. rigida Nyssa sylvatica
12

Osmunda cinnamomea
Osmunda regalis
Oxalis grandis
Oxypolis rigidior
Parthenocissus quinquefolia
Phoradendron serotinum
Pinus rigida
Pinus strobus
Plantago major
Platanus occidentalis
Polygonatum bijlorum
Polystichum acrostichoides
Porteranthus trifoliatus
Potentilla simplex
Prenanthes serpentaria
Prunus serotina
Quercus alba
Quercus coccinea
Quercus falcata
Quercus marilandica
Quercus montana
Quercus rubra
Quercus velutina
Rhododendron maximum
Rhododendron sp.
Robinia pseudoacacia
Rudbeckia laciniata
Salix nigra
Salix sericea
Sambucus canadensis
Sassafras albidum
Scirpus atrovirens
Senecio anonymus
Senecio aureus
Silene antirrhina
Sisyrinchium angustifolium
Smilacina racemosa
Smilax bona-nox
Smilax glauca
Smilax rotundifolia
Solidago sp
Stachys tenuifolia
Streptopus roseus
Thalictrum revolutum
Thelypteris hexagonoptera
• Thelypteris noveboracensis
Tilia americana
Toxicodendron radicans
Tradescantia subaspera
Trillium sp
Tsuga canadensis
Tsuga caroliniana
Typha latifolia
Uvularia perfoliata
Uvularia sessilifolia
Vaccinium arboreum
Vaccinium pallidum
Vaccinium stamineum
Veratrum parvijlorum
Verbascum thapsus
Viburnum acerifolium
Viola blanda
Vitis sp.
Xanthorhiza simplicissi
13

•
Confluence Engineering, I'C
107 Merrimon Avenue, Suite 325
Asheville, NC 28801
828.255.5530
MEMO
To: Clement Riddle, Rebekah Newton
Subject: Stream Relocation Concepts
Hawkins Mine - Unimin Corp.
Spruce Pine, NC
From: Andrew Bick, PE
Date: February 25, 2008
The proposed relocation of the two unnamed tributaries to the North Toe River involves
construction of approximately 4,495 linear feet of stream along the eastern edge of a
proposed mine waste disposal site. This memo presents a general overview of the
proposed relocation work and describes unique aspects of the design approach.
The proposed relocation alignment passes over steep, generally wooded terrain. Channel
slopes will range from about 2% to over 25%, with typical slopes in the 13% to 15%
range. Typical stream cross sections in the attached preliminary plans account for
differences in slope. The channel dimensions were designed based on bankfull discharge
estimates calculated from the TR-55 rainfall-runoff model and from the NC mountain
regional curve.
• During a previous study, a path was cleared near the relocation alignment to make access
for a drill rig. Several test borings were drilled along the alignment, revealing an
overburden of micaceous, sandy soil ranging from a few feet deep to over 20 feet deep,
underlain by partially weathered rock (PWR). It is anticipated that much of the relocated
stream will be founded on residual soils.
The existing streams exhibit astep-pool morphology typical of steep mountain streams.
Grade control is present in the form of clusters of cobbles and tree roots. Maximum
stream depths are generally 12 to 18 inches, and bankfull widths range from about 8 to 13
feet.
The design will attempt to replicate the natural form and grade control observed in the
existing streams. Grade control structures will be required at fairly close intervals, given
the steep slopes and high potential for erosion of residual soils. The micaceous nature of
the on-site soils makes them especially susceptible to swelling and erosion, so stream
reaches founded on residual soil will require bed reinforcement in addition to closely
spaced grade control structures. As the project develops, we will weigh the potential
advantages of bedding the relocated channel on PWR to reduce the potential for erosion
against the increased cost of earthwork.
•
In order to minimize earthwork and take advantage of existing stable conditions, the
proposed relocation will make use of existing stream channels in three locations, as
shown on the attached preliminary plans:
Page 1 of 2

Confluence Engineering, f'C
107 Merrimon Avenue, Suite 325
Asheville, NC 28801
• 828.255.5530
At the upstream end, where the western tributary will be diverted into the eastern
tributary for about 1501inear feet;
Mid-reach for about 200 linear feet along a third tributary that enters the disposal
area from the east; and
Near the downstream end before the existing flow enters a sediment pond.
The existing streams flow into a sediment basin at the downstream end of the proposed
relocation alignment. This basin was constructed to capture stormwater runoff from the
proposed disposal area. The relocated stream reach will make use of an existing terrace
near the eastern edge of the pond. In order to maintain separation between the pond and
the stream flow, a new culvert (and possibly more than one) will need to be installed
beneath the access road that serves as the pond impoundment. The relocated stream will
then conform to the existing channel below the road before reaching a high waterfall over
an old mine high wall.
The vegetated buffer widths shown on the preliminary plans generally exceed 30 feet and
in some cases extend up to 100 feet from the top of bank. Buffer widths are constrained
on the east side by the Hawkins Mine property line. USFWS staff indicated during our
recent field walk that their primary concern with regard to buffers was to provide
protection to the stream against runoff from the waste pile, so a 100-foot wide buffer
along the pile was requested. On the preliminary plans, the buffer is shown as
• overlapping the waste disposal footprint; it should be feasible to plant the surface of the
waste pile with native riparian species, and some soil amendment will likely be
necessary. If, for Unimin's operation or to respond to agency comments, it is necessary
to reduce the waste pile footprint to accommodate a buffer on native ground, Unimin
indicated they could reconfigure the pile as needed.
Closure
I appreciate the opportunity to work with you on this important project. Please let me
know if I can provide additional consultation services during the permitting phase.
•
Page 2 of 2

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0 o D o D -~ O~ ~/~'9 STREAM RELOCATION ENGINEERING, PC
N ~ ~ C~~ ~ A 107 Merrimon Avenue, Suite 3Z5
~ ~ \ ~ W ~ ~ . ST,Q ~9~, SPRUCE PINE, N C Asheville, North Caroling 28801
O ~ ~CT S Phone:828.Z55.5530
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STREAM RELOCATION
SPRUCE PINE, NC
UNIMIN CORP
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CONFLUENCE
ENGINEERING, PC
107 Merrimon Avenue, Suite 325
Asheville, North Carolina 28801
Phone: [phone]
confluence-eng.com

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PROGRAM
March 5, 2008
Carl Horvat '
Unimin Corporation
7638 NC Hwy 226 South
Spruce Pine, NC 28777
~~' I~,ao YZ,
Expiration of Acceptance: September 5, 2008
Project: Hawkins Mine Stream Relocation

County: Mitchell
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program {NCEEP) is willing to
accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that
the payment will be approved by the permit issuing agencies as mitigation for project impacts. it is the responsibility of the
applicant to contact these agencies to determine if payment to the NCEEP will be approved.
This acceptance is valid for six months from the date of this letter and is not transferable. I! we have not received a copy of
the issued 404 I'ermit1401 Certification/CAMA permit within this time frame, this acceptance will expire. It is the
applicant's responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice
will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized
work. The amount of the In Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and
policies listed at www.nceep.net.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
followine table.
French Broad
06010108 Stream (feet) Wetlands (acres) Buffer I
{Sq. Ft. Buffer II

{Sq. Ft.}
Cold Cool Warm Ri arian Non-Ri arian Coastal Marsh
Impacts 0 1990 0 0 0 0 0 0
Credits 0 3980 0 0 0 0 0 0
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies
require mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional
mitigation, the applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. The
mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of
Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Kelly Williams at {919) 716-1921.
Sincerely,
-
Willi .Gilmore, PE
Director
cc: Cyndi Karoly, NCDWQ Wetlands/401 Unit
David Baker, USACE-Asheville
Kevin Barnett, NCDWQ-Asheville
Rebekah Newton, agent
File
.~~~storu~t~... ~ .. Prot Our Stag

North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net

.•.•.
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Impacted Streams
Streams f
v Mme Property Bound
------ Project Boundary
Stream Realignment

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718 OAKLAND ST I INCH ^ 350 FEET H qWK I NS MINE STREAM RELOCATION SHEET N0.
e a r~ a to r HENDERSONVILLE NC 28791
PHONE: {eta) age-eaoo DRAwN 8Y: CEC KEY SHEET 5
Environmental Consultants, 111C. FAX: {828) 69a-9003 DATE: 03.05.08
CEC PROJECT NO.: 488 THE UNIMIN CORPORATION MITCHELL COUNTY QF