20190035 Ver 1_Public Notice_20190117

US Army Corps
PUBLIC NOTICE
Of Engineers
Wilmington District
Issue Date: January 17,2019
Comment Deadline: February 18,2019
Corps Action ID Number: SAW-2018-01129
The Wilmington District, Corps of Engineers (Corps) received an application from
Piedmont Lithium, Inc.seeking Department of the Army authorization to impact 5,810.5
linear feet of jurisdictional stream channel, 0.14 acre of jurisdictional wetlands, and 0.16
acre of jurisdictional ponds/impoundments, associated with a lithium minein Gaston
County, North Carolina.
Specific plans and location information are described below and shown on the attached
plans. This Public Notice and all attached plans are also available on the Wilmington
District Web Site at:
http://www.saw.usace.army.mil/Missions/RegulatoryPermitProgram.aspx
Applicant:Piedmont Lithium, Inc.
Attn: Patrick H. Brindle
5706 Dallas-Cherryville Highway
Bessemer City, North Carolina 28106
AGENT(if applicable):HDR
Attn: Kelly Thames
404 S. Church Street, Suite 900
Charlotte, North Carolina 28202
PLEASE NOTE: Due to the current lapse in funding for other Federal agencies that may
have an interest in commenting on the proposed action, the District Engineer(DE)may
extend the comment periodto allow such agencies to comment so that the he can
complete his required Public Interest Review. In cases where the proposed action May
Effect a listed species or a species proposed for listing pursuant to Section 7 of the
Endangered Species Act, and/or In cases where the proposed action will have an Effect
on a property listed, or eligible to be listed, on the National Register of Historic Places
pursuant to Section 106 of the National Historic Preservation Act, the DE will be unable
to make a final decision on the proposed action until the requirements of the appropriate
statute have been satisfied.
Authority
The Corps evaluatesthis application and decideswhether to issue, conditionally issue, or
deny the proposed work pursuant to applicable procedures of the following Statutory
Authorities:

Section 404 of the Clean Water Act (33 U.S.C. 1344)
Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403)
Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972
(33U.S.C.1413)
Location
Location Description:
Project Area (acres):917Nearest Town:Cherryville, NC
Nearest Waterway:Beaverdam CreekRiver Basin:South Fork Catawba
Latitudeand Longitude: 35.387869,-81.286758
Existing Site Conditions
The proposed Piedmont Lithium project is located in the piedmont physiographic region
of North Carolina and encompasses 971 acres of land in Gaston County(reference Figure
1-Site Location in the attached plans). The project area is approximately 67% forested
land, consisting of mixed medium aged hardwoods (34%), pines (17%), and young
successional growth (16%). The remaining areas (33%) are open crop fields, maintained
pasture, or maintained residential areas. Surrounding land use is rural residential and
agricultural, with a patchy landscape of discontinuous forested areas. Beaverdam Creek
flows in a southeast to northeast to eastwardly direction, bisecting the projectarea. Little
Beaverdam Creek flows northeast to a confluence with Beaverdam Creek in the
approximate center of the project area. Jurisdictional aquatic resources within the project
area include 11 unnamed tributaries to Beaverdam Creek, two unnamed tributaries to
Little Beaverdam Creek, 16 wetlands, and four ponds/impoundments.
Applicant’s Stated Purpose
The purpose of the project is to develop a hard rock lithium mine in the Carolina Tin-
Spodumene Beltto extract and refine mineralized spodumene to a high quality lithium
bearing spodumene concentrate; which, upon conversion to a battery grade lithium
hydroxide, wouldprovide a domestic source of lithium to meet growing demands in the
U.S.
Project Description
The proposed project would involve the development of a hard rock lithium mine, which
includes the construction of an open pit, a waste rock area, a concentrator plant site,
access roads, and applicable National Pollutant Discharge and Elimination System
(NPDES) best management practices (BMPs). The project would result in impacts to
5,810.5 linear feet of stream channel, 0.14 acre ofwetlands, and 0.16 acre of open water
pond/impoundment. Approximately 781 linear feet of perennial stream channel, 2,283

linear feet of intermittent stream channel, 0.14 acre of wetlands, and 0.16 acre of open
water pond/impoundmentwouldbe impacted by waste rock areas. Approximately 249
linear feet of perennial stream channel and 2,264.5 linear feet of intermittent stream
channel wouldbe impacted by pit shell areas.Approximately 178 linear feet of perennial
stream channel wouldbe impacted by an internal access road stream crossing and 55
linear feet of perennial channel wouldbe impacted by a stormwater BMP.
Avoidance and Minimization
The applicantprovided the following information in support of efforts to avoid and/or
minimize impacts to the aquatic environment:
The applicant’s preferred alternative would avoid impacts to the entirety of Beaverdam
Creek (13,741 feet) and Little Beaverdam Creek (2,848 feet). Impacts have been
minimized through utilization of the footprint of an existing crossing for an access road.
Avoiding disturbance in the FEMA floodplain will prevent impacts to the entirety of 7.62
acres of wetlands and 0.40 acre of wetlands will also be avoided due to site design.
Finally, adhering to the 300-foot mining buffer setback as required by Gaston County
Zoning Ordinance, the preferred alternative also avoids impacts to 10,603 feet of stream
(totaling 27,192 feet, to include Beaverdam and Little Beaverdam Creeks). Indirect
impacts to remaining streams will be avoided through the use of 100-foot stream buffers
and stormwater management through NPDES BMPs. The applicant has considered
alternatives including off-site alternatives, a no-build option, an on-site no impact option,
an on-site additional impact option, and an on-site avoidance optionas described in the
Environmental Assessmentsubmitted with the permit application. Construction
equipment would be kept in upland areas. Sediment and erosion control measures would
be used to prevent impacts to downstream waters. No live concrete would be allowed to
come in contact with surface waters. Water quality monitoring would be conducted to
monitor site discharge and runoff. A Section 401 Individual Water Quality Permit is
being submitted concurrently with the Section 404 individual permitapplication. A Storm
Water Pollution Prevention Planis also being developed and will be submitted upon
completion to the North Carolina Department of Environmental Quality Division of
Energy, Mineral, and Land Resources under the General Permit (No. NCG020000) for
Mining Activities.
Compensatory Mitigation
The applicant offered the following compensatory mitigation plan to offset unavoidable
functional loss to the aquatic environment:
There are no active private mitigation banks within Hydrologic Unit Code (HUC)
03050102; therefore, the applicant proposes compensatory mitigation for all permanent
impacts through the purchase of stream and wetland mitigation credits from the North
Carolina Division of Mitigation Services. The applicant provided supporting
documentation from DMS in a letter dated December 21, 2018, indicating that they are
willing to accept compensatory mitigation payment for 5,810.5 linear feet of stream

impacts and 0.14 acre of riparian wetland within the South Fork Catawba Sub-Basin
within the Catawba River Basin (03050102).The proposed compensatory mitigation
ratios are shown in Table 1.
Table 1. Proposed mitigation ratios.
NCSAM/N
Amount of Credits
Impact #FeatureCWAM Ratio
ImpactProposed
Score
Impact 1Perennial Stream 2High2:1178 lf356
Impact 2Intermittent Stream 3High1:11,090 lf1,090
Impact 3Perennial Stream 8High2:1249 lf498
Impact 4-1Medium0.5:1337.5lf168.75
Intermittent Stream 8
Impact 4-2Medium0.5:1211 lf105.5
Impact 5Intermittent Stream 9Low076.5 lf0
Impact 6Intermittent Stream 10High1:1520 lf520
Impact 7Intermittent Stream 11High1:130 lf30
Impact 8-1Low0312 lf0
Intermittent Stream 15
Impact 8-2Medium0.5:1813.5 lf406.75
Impact 9Perennial Stream 15High2:181 lf162
Impact 11Intermittent Stream 12Medium1:1917 lf548.8
Impact 12Perennial Stream 12High2:1700 lf1,400
Impact 13Perennial Stream 12High2:155 lf110
Impact 14Wetland 9High2:10.14 ac0.5
Impact 16Intermittent Stream 13High1:1240 lf240
Total Perennial Streams:1,263 lf2,526
Total Intermittent Streams:4,547.5 lf3,019.5
Stream Totals:5,810.5 lf5,545.5
Wetland Totals:0.14 ac.0.5
Essential Fish Habitat
Pursuant to the Magnuson-Stevens Fishery Conservation and Management Act, this
Public Notice initiates the Essential Fish Habitat (EFH) consultation requirements.The
Corps’ initial determination is that the proposed project would not affectEFH or
associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management
Councils or the National Marine Fisheries Service.
Cultural Resources

Pursuant to Section 106 of the National Historic Preservation Act of 1966, Appendix C of
33 CFR Part 325, and the 2005 Revised Interim Guidance for Implementing Appendix C,
the District Engineer consulted district files and records and the latest published version
of the National Register of Historic Places and initially determines that:
Should historic properties, or properties eligible for inclusion in the National
Register, be present within the Corps’ permit area; the proposed activity requiring
the DA permit (the undertaking) is a type of activity that will have no potential to
cause an effectto an historic properties.
No historic properties, nor properties eligible for inclusion in the National
Register, are present within the Corps’ permit area; therefore, there willbeno
historic properties affected. The Corps subsequently requests concurrence from
the SHPO (or THPO).
Properties ineligible for inclusion in the National Register are present within the
Corps’ permit area; there will be no historic properties affected by the proposed
work. The Corps subsequently requests concurrence from the SHPO (or THPO).
Historic properties, or properties eligible for inclusion in the National Register,
are present within the Corps’ permit area; however, the undertaking will haveno
adverse effect on these historic properties. The Corps subsequently requests
concurrence from the SHPO (or THPO).
Historic properties, or properties eligible for inclusion in the National Register,
are present within the Corps’ permit area; moreover, the undertaking may have an
adverse effecton these historic properties. The Corps subsequently initiates
consultation with the SHPO (or THPO).
The proposed work takes place in an area known to have the potential for the
presence of prehistoric and historic cultural resources; however, the area has not
been formally surveyed for the presence of cultural resources. No sites eligible
for inclusion in the National Register of Historic Places are known to be present
in the vicinity of the proposed work. Additional work may be necessary to
identify and assess any historic or prehistoricresources that may be present.
The District Engineer’s final eligibility and effect determination will be based upon
coordination with the SHPO and/or THPO, as appropriate and required, and with full
consideration given to the proposed undertaking’s potential direct and indirect effects on
historic properties within the Corps-indentified permit area.
Endangered Species

Pursuant to theEndangered Species Act of 1973, the Corpsreviewed the project area,
examined all information provided by the applicant and consulted the latest North
Carolina Natural Heritage Database.Based on available information:
TheCorpsdeterminesthat the proposed project wouldnot affect federally listed
endangered or threatened species or their formally designated critical habitat.
The Corps determines that the proposed project may affectfederally listed
endangered or threatened speciesor their formally designated critical habitat.
The Corps initiates consultation under Section 7 of the ESA and will not make
apermitdecision until the consultation process is complete.
The Corps will consult under Section 7 of the ESA and will not make a permit
decision until the consultation process is complete.
The Corps has initiated consultation under Section 7 of the ESA and will not
make a permit decision until the consultation process is complete.
The Corps determines that the proposed project may affectfederally listed
endangered or threatened species or their formally designated critical habitat.
Consultation has been completed for this type of activity and the effects of the
proposed activity have been evaluated and/or authorized by the National Marine
Fisheries Service (NMFS) in the South Atlantic Regional Biological Opinion or
its associated documents, including 7(a)(2) & 7(d) analyses and Critical Habitat
assessments. A copy of this public notice will be sent to the NMFS.
The Corps is not aware of the presence of species listed as threatened or
endangered or their critical habitat formally designated pursuant to the
Endangered Species Act of 1973 (ESA) within the project area. The Corps will
make afinal determination on the effects of the proposed project upon additional
review of the project and completion of any necessary biological assessment
and/or consultation with the U.S. Fish and Wildlife Service and/or National
Marine Fisheries Service.
Other Required Authorizations
The Corps forwards this notice and all applicable application materials to the appropriate
State agencies for review.
North Carolina Division of Water Resources (NCDWR):The Corps will generally not
make a final permit decision until theNCDWRissues, denies, or waives the state
Certificationasrequired by Section 401 of the Clean Water Act (PL 92-500).The receipt
of the application and this public notice,combined with the appropriate application fee,at
the NCDWR Central Office in Raleigh constitutesinitial receipt of an application for a
401 Certification. A waiver will bedeemed to occur if the NCDWRfails to act on this

request for certification within sixty daysof receipt of a complete application. Additional
informationregarding the 401Certification may be reviewed at the NCDWRCentral
Office, 401 and Buffer Permitting Unit, 512 North Salisbury Street, Raleigh, North
Carolina 27604-2260. All persons desiring to make comments regarding the application
for a 401 Certification should do so,in writing,by February 18, 2019to:
NCDWR Central Office
Attention: Ms. Karen Higgins, 401 and Buffer Permitting Unit
(USPS mailing address): 1617Mail Service Center, Raleigh, NC 27699-1617
Or,
(physical address): 512 North Salisbury Street, Raleigh, North Carolina 27604
North Carolina Division of Coastal Management (NCDCM):
The application did not include a certificationthat the proposed work complies
with and would beconducted in a manner that is consistent with the approved
North Carolina Coastal Zone Management Program. Pursuant to 33 CFR 325.2
(b)(2) the Corps cannot issue a Department of Army (DA) permit for the
proposed work until the applicant submits such a certification to the Corps and
the NCDCM, and the NCDCM notifies the Corps that it concurs with the
applicant’sconsistency certification.As the application did not includethe
consistency certification, the Corpswill request, upon receipt, concurrence or
objection from the NCDCM.
Based upon all available information, the Corps determines that this application
for a Department of Army (DA) permit does not involve an activity which would
affect the coastal zone, which is defined by the Coastal Zone Management (CZM)
Act(16 U.S.C. § 1453).
Evaluation
The decision whether to issue a permit will be based on an evaluation of theprobable
impacts including cumulative impactsof the proposed activity on the public interest.
That decision will reflect the national concern for both protection and utilization of
important resources. The benefit which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. All factors
which may be relevant to the proposal will be considered including the cumulative effects
thereof; among those are conservation, economics, aesthetics, general environmental
concerns, wetlands, historic properties, fish and wildlife values, flood hazards, flood plain
values (in accordance with Executive Order 11988), land use, navigation, shoreline
erosion and accretion, recreation, water supply and conservation, water quality, energy
needs, safety, food and fiber production, mineral needs, considerations of property
ownership, and, in general, the needs and welfare of the people. For activities involving
the discharge of dredged or fill materials in waters of the United States, the evaluation of

the impact of the activity on the public interest will include application of the
Environmental Protection Agency’s 404(b)(1) guidelines.
Commenting Information
The Corps of Engineers is soliciting comments from the public; Federal, State and local
agencies and officials, including any consolidatedState Viewpoint or written position of
the Governor;Indian Tribes and other interested parties in order to consider and evaluate
the impactsof this proposed activity.Any comments received will be considered by the
Corps of Engineers to determine whether to issue, modify, condition or deny a permit for
this proposal. To make this decision, comments are used to assess impacts on endangered
species, historic properties, water quality, general environmental effects and the other
public interest factors listed above. Comments are used in the preparation of an
Environmental Assessment (EA) and/or an Environmental Impact Statement (EIS)
pursuant to the National Environmental Policy Act (NEPA). Comments are also used to
determine the need for a public hearing and to determine the overall public interest of the
proposed activity.
Any person may request, in writing, within the comment period specified in this notice,
that a public hearing be held to consider the application. Requests for public hearings
shall state, with particularity, the reasonsfor holding a public hearing. Requests for a
public hearing will be granted, unless the District Engineer determines that the issues
raised are insubstantial or there is otherwise no valid interest to be served by a hearing.
The Corps of Engineers, Wilmington District will receive written comments pertinent to
the proposed work, as outlined above, until 5pm,February 18,2019.Comments should
be submitted to David L. Shaeffer, CharlotteRegulatory Field Office, 151 Patton
Avenue, Room 208, Asheville, North Carolina 28801-5006, at [phone]or via e-
mail at [e-mail].