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HomeMy WebLinkAbout20190245 Ver 1_401 Application_20190220WYWETLANEDS ...i. Y& WATERS, INC. Amanda Jones U.S. Army Corps of Engineers Asheville Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, NC 28801 -And- NCDWR, 401 & Buffer Permitting Branch 1617 Mail Service Center Raleigh, NC 27699-1617 RE: Nationwide Permit 44 Duncan Site Spruce Pine, NC — Mitchell County PINs 0890-00-70-1887, 0890-00-60-6024 Ms. Jones, so February 7, 2019 201 90245 Wetlands & Waters, Inc. is pleased to provide the attached information in support of a Pre -Construction Notification verification request on behalf of The Quartz Corp USA for impacts associated with mining activities. The proposed project occurs on approximately 105 acres of parcel assemblages referred to as the Duncan site, located off of Altapass Highway in Spruce Pine, NC. The purpose of the proposed project is to construct supportive infrastructure (roadway) required to establish a tailings disposal site. A road crossing, utilizing a 24" culvert and impacting approximately 75 linear feet of stream, is proposed in order to access high ground within the site. The project is proposed in two phases, which are clearly demarcated on Sheet 1 of this package. This project was initially permitted under the 404 program by your office on June 30, 2016, with a jurisdictional determination being issued at that time; that nationwide permit verification has since expired. Impacts have been reduced from the 2016 permitted design by 0.007 acre of wetland impact by utilization of a roadway switchback, and by 50 linear feet of stream impact by slightly relocating the roadway position. Currently, impacts have been reduced to the single road crossing mentioned above and wetland impacts have been completely avoided on the site. As such, and because proposed impacts are below the 150 linear feet threshold, we are not proposing compensatory mitigation. We appreciate your time in reviewing this project. Should you need any additional information to process this request, please feel free to contact us. Wetlands & Waters, Inc. WETLAND AND ENVIRONMENTAL CONSULTANTS Best Regards, WETLANDS WATERS, INC. Meagan Jolly 704.681.3479 CC: Todd Mickleborough, The Quartz Corp USA Enclosures: Pre -Construction Notification Figures 1-6, Resource Maps Sheets 1-3, Overall Site Plan and Details Expired Nationwide Permit 44 Verification and Preliminary Jurisdictional Determination Tax and Deed Records Wetlands & Waters, Inc. WETLAND AND ENVIRONMENTAL CONSULTANTS Of�jpF�\N A TF',, O Niii� -c Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Page 1 of 11 PCN Form — Version 1.3 December 10, 2008 Version Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ®Section 404 Permit El Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 44 or General Permit (GP) number: 1 c. Has the NWP or GP number been verified by the Corps? ® Yes ❑ No 1d. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ® No For the record only for Corps Permit: ❑ Yes ® No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑ Yes ® No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 In below. ❑ Yes ® No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a. Name of project: Duncan Site 2b. County: Mitchell County 2c. Nearest municipality / town: Spruce Pine, NC 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: n/a 3. Owner Information 3a. Name(s) on Recorded Deed: The Quartz Corp USA 3b. Deed Book and Page No. Bk. 563 P. 665-675; Bk. 579 P. 847-849 3c. Responsible Party (for LLC if applicable): 3d. Street address: P.O. Box 309 3e. City, state, zip: Spruce Pine, NC, 28777 3f. Telephone no.: 828 467 6673 3g. Fax no.: 3h. Email address: Todd. mickleborough_ftthequartzcorp.com Page 1 of 11 PCN Form — Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ® Agent ❑ 4b. Name: S. Todd Mickleborough 4c. Business name if applicable): The Quartz Corp USA 4d. Street address: P.O. Box 309 4e. City, state, zip: Spruce Pine, NC 28777 4f. Telephone no.: 828 467 6673 4g. Fax no.: Email address: TFod—d.mickleborough@thequartzcorp.com d.mickleborough@thequartzcorp.com 5. Agent/Consultant Information (if applicable) 5a. Name: Meagan Jolly 5b. Business name (if applicable): Wetlands & Waters, Inc. 5c. Street address: 248 East Broad Street 5d. City, state, zip: Statesville, NC 28677 5e. Telephone no.: (704) 681-3479 5f. Fax no.: 5g. Email address: meaganjolly@wetlands-waters.com Page 2 of 11 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 0890-00-70-1887, 0890-00-60-6024 1 b. Site coordinates (in decimal degrees): Latitude: 39.91249 Longitude: - 82.05003 (DD.DDDDDD) (-DD.DDDDDD) 1 c. Property size: 105 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Banjo Branch and North Toe River proposed project: 2b. Water Quality Classification of nearest receiving water: C; Tr 2c. River basin: French Broad River Basin 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The site is approximately 85% forested and 15% field, rights of way, and vacant residential. The forested areas indicate disturbance throughout. Forest types are generally considered mesic mixed and mesic mixed with a pine component. The surrounding land is primarily residential with other areas being forested. 3b. List the total estimated acreage of all existing wetlands on the property: 0.82 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 3,547 3d. Explain the purpose of the proposed project: The purpose of the work is to support mining operations. 3e. Describe the overall project in detail, including the type of equipment to be used: The project includes the construction of approximately 5,000 linear feet of roads to utilize approximately 75 percent of the site as part of mining operations. One road crossings is necessary to circulate traffic and access high ground. Roads will be constructed to MSHA standards. The site will be covered by a forthcoming mining permit that includes 25+ sediment basins and thousands of linear feet of ditches and diversion swales. The stream will be diverted through a pump, gravity or siphon system during road construction to avoid soil -water contact. Typical construction equipment will be utilized, including but not limited to pan, excavator, track hoes, bull dozers, etc. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ®Yes [:1 No ❑Unknown project (including all prior phases) in the past? Comments: site visit conducted on 02/11/2016 4b. If the Corps made the jurisdictional determination, what type ®Preliminary El Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: WNR Name (if known): C. Huysman and T. Bandy Other: Huysman & Bandy, Inc 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. PJD report completion date 6/30/2016; enclosed with this application as part of expired NWP 44 verification dated 6/30/16 Page 3 of 11 PCN Form — Version 1.3 December 10, 2008 Version 5. Project History 5a. Have permits or certifications been requested or obtained for ® Yes ❑ No ❑ Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. SAW -2016-00715 A General Permit verification for a Nationwide Permit 44 was issued by William Elliott USACE-Asheville on June 30, 2016, and expired on March 17, 2017. 6. Future Project Plans 6a. Is this a phased project? ® Yes ❑ No 6b. If yes, explain. The project will occur in two phases, which are depicted on Sheet 1 included with this application. Phase I will have no impacts, Phase II will have impacts associated with accessing high ground for the southwestern portion of the site's haul road. Page 4 of 11 C. Proposed Impacts Inventory 1. Impacts Summary 1a. Which sections were completed below for your project (check all that apply): ❑ Wetlands ® Streams - tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number — Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ — non -404, other) (acres) Temporary T W1 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W2 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W3 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W4 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W5 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W6 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ 2g. Total wetland impacts 2h. Comments 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ — non -404, width (linear Temporary (T) (INT)? other (feet) feet) S1 ®P ❑ T C-16: Culvert (Tributary 300) UT North Toe ® PER ❑ INT ® Corps ❑ DWQ 6-12 75 S2 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S3 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S4 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S5 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S6 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ 3h. Total stream and tributary impacts 75 3i. Comments: Impact C-16 is necessary to access high ground. Page 5 of 11 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then indivi ually list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number — (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary T 01 ❑P❑T 02 ❑P❑T 03 ❑P❑T 04 ❑ PEI T 0. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, the complete the chart below. 5a. 5b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres) number of pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5f. Total 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. ❑ Neuse ❑ Tar -Pamlico ❑ Other: Project is in which protected basin? ❑ Catawba ❑ Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number — Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary T impact required? 131 ❑P❑T El Yes ❑ No B2 ❑P❑T El Yes ❑ No B3 ❑ PEI T ❑Yes ❑ No 6h. Total buffer impacts 6i. Comments: Page 6 of 11 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. The proposed crossing is necessary to circulate vehicles throughout the site and to access high ground that would be otherwise isolated. The project design has been revised from the original 2016 verification to incorporate a switchback in the road layout in order to avoid impacting Wetland 200. The proposed plan avoids all impacts to wetlands and limits impacts to streams to just one crossing. b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. The main circulation roads follow existing topography and reduce cut and fill requirements. The project will be constructed under an approved sediment and erosion control plan. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ❑ Yes ® No 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank El Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type Quantity 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: ❑ warm ❑ cool ❑cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non -riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 7 of 11 PCN Form — Version 1.3 December 10, 2008 Version 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires ❑ Yes ® No buffer mitigation? If yes, you will have to fill out this entire form — please contact the State for more information. 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 8 of 11 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ® No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ❑ No Comments: Project not located within protected NC Riparian Buffer 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 20% 2b. Does this project require a Stormwater Management Plan? ❑ Yes ® No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: Project is less than 24% impervious surface 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: ❑ Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ❑ DWQ Stormwater Program ❑ DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? ❑ Phase II ❑ NSW 3b. Which of the following locally -implemented stormwater management programs ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 2006-246 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 4. DWQ Stormwater Program Review ❑ Coastal counties ❑ HQW 4a. Which of the following state -implemented stormwater management programs apply ❑ ORW (check all that apply): ❑ Session Law 2006-246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 9 of 11 PCN Form — Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ❑ Yes ® No use of public (federal/state) land? 1 b. If you answered "yes' to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ❑Yes ❑ No letter.) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑ Yes ® No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? ❑ Yes ® No 2c. If you answered "yes' to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes ® No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes' to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. Mine will enter reclamation after tailings capacity is reached 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. N/A Page 10 of 11 PCN Form — Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ® Yes ❑ No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑ Yes ® No impacts? ❑ Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. ❑ Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? Project area is not proximate to known locations of the Northern long -Eared Bat. We will defer to the Corps for notification 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? NOAA EFH GIS 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑ Yes ® No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? NCHPO GIS 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA -designated 100 -year floodplain? ❑ Yes No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? FEMA firm panel 2/11/2019 Applicant/Agent's Printed NameDate Appli t/ s Signature (Agent's signature is valid on authorization letter from the applicant isprovided.) Page 11 of 11 Lp Bing Jnitec States Poe poste _erw, ce 19E 13 "'f)ut Ave '—Spr.ice Pme Morel Tj .0 7 SiLie Ridge Regvrvl Hosprfol H 0 Project Area 4Z Bks Carpenter Rcl V, WETLANDS a, WATERS, INC Figure 1: Vicinity Map Bakersville Wing Ingalls Grassy Creek Little Switzerland North Cove Sevier 9 2-7.'j :-S-f� Project Name: Duncan SAW -2016-00715 Owner / Developer: The Quartz Corp USA City/County: Spruce Pine / Mitchell County Tax PIN(s): 0890-00-70-1887, 0890-00-60-6024 Coordinates: Scall Lat: 35.91249 Long: -82.05003 Graphic -"'-AWO feet 250 rn @ 2018 HERif,-@ OpenStreetMap Date: 2/7/2019 3� '� • �� P�se;t'a � • ♦ � • �l � � •r � � \ •` � �. �� •+, I ' yam- '-'_.� � . r _. �(SP C err, • 2596 - -- -•a's� ' I Spruce Pipe a �f ' ' '�' tBM.-c 3) t-: • t' -"�cn f -` !�• Frekw4 .• d 1 Ir in" _ - - �., � .��� �i ., .�,�.�� Project Area r., , •, .� . Q� Boundary �� / r i ' S tt�rl•±S rSchool - - \ � • , � .� { I ' � t 1 � TQC • .-. :•.� iii �� � �' -. ••`'� rtf � ' ..�•. ..• '.. : `,� r ^�-" . ri $4rry Chapel , "' • ' • -• --- � ' ' • � ..• f �% .:� t �- •� ✓./" r ,�' ��' "5'` i � t.. • .moi ✓ ` } - • a' y -. .,,,, -a- '~ _. 2b r . � V. "` - r' HM 55 � � _ v r8, t t JJ _ _- - } f ^4 '~.-•..._ /� r` Jt .'//tel\\\ �, `� �" „4 , 1 ., ^'�♦,4 1 .� l7 - - ' / 'f ~., t.. i \, •r./' N N 0 0.5 Mi Map provided by MyTopo.com 0 3000 Ft Project Name: Duncan SAW-2016-00715 Owner / Developer: The Quartz Corp USA WETLANDS City/County: Spruce Pine / Mitchell County & WATERS, ING" Tax PIN(s): 0890-00-70-1887, 0890-00-60-6024 Coordinates: Scale: Date: Figure 3: USGS Topo Quad Lat: 35.91249 Long: -82.05003 1 Graphic 2/7/2019 35° 550"N 35" 54' 28' N Soil Map—Mitchell County, North Carolina 3 404600 403700 461800 404900 405000 405100 405200 406300 405400 405503 40WM 4057 405800 406900 40 3 3 M Map Scale: 1:6,870 ►primo on A landsG3pe (11" x 8.5") sheet. H Meters N 0 100 top 400 600 A --` Map pr�dlim: web Mentor Comer o"dlnate5: WGS84 Edge tom: UTM Zone 17N WG584 Project Name: Duncan SAW -2016-00715 Owner / Developer: The Quartz Corps USA WETLANDS City/County: Spruce Pine / Mitchell & WATERS, INC. TaxPIN(s): 0890-00-70-1887, 0890-00-60-6024 Coordinates: Scale: Graphic Date: 2/7/2019 Figure 4: Web Soil Survey Lat: 35.91249 Long: 82.05003 p 35° 55'0"N g K 35° 54' 2B" N Soil Map—Mitchell County, North Carolina Map Unit Legend Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI CaE CeE CeF RoA ScC SdD - WgC -- -WgD Totals for Area of Interest Cashiers sandy loam, 30 to 50 percent slopes, stony Chand ler-Micaville complex, 30 to 50 percent slopes, stony Chand ler-Micaville complex, 50 to 95 percent slopes, stony Rosman fine sandy loam, 0 to 3 percent slopes, occasionally flooded Saunook silt loam, 8 to 15 percent slopes, stony Saunook-Thunder complex, 15 to 30 percent slopes, stony Watauga sandy loam, 8 to 15 percent slopes, stony Watauga sandy loam, 15 to 30 percent slopes, stony 7.1 21.6 4.8 1.2 14.7 15.6 16.8 34.6 116.5 6.1% 18.5% 4.1% 1.0% 12.6% 13.4% 14.4% - 29.7% 100.0% usDA Natural Resources Web Soil Survey 2/7/2019 Conservation Service National Cooperative Soil Survey Page 3 of 3 1/11/2019, 11:49:35 AM 1:9,028 Surface Water Classifications 0 0.07 0.15 0.3 mi River Basins 0 0.13 0.25 0.5 km FBR wWETLANDS i 6, WATERS, INC. Figure 5: NC Surface Water Classification Project Name: Duncan SAW -2016-00715 Owner/ Developer: The Quartz Corp USA City/County: Spruce Pine / Mitchell County Tax PIN(s): 0890-00-70-1887, 0890-00-60-6024 Coordinates: Scale: Lat:35.91249 Long: -82.05003 Graphic Source: Esn, DigitalGlobe, GeoEye, Earthstar Geographlcs, CNES/ Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community Date: 2/7/2019 National Wetlands Inventor etlands Freshwater Emergent Wetland Lake Estuarine and Marine Deepwater Freshwater Forested/Shrub Wetland F-� Other F] Estuarine and Marine Wetland Freshwater Pond EJ Riverine Project Area Boundary vr'• xX 1:12,965 0 0.1 0.2 0.4 mi 0 0.175 0.35 0.7 km WWETLANDS _,, & WATERS, INC. Figure 6: National Wetland Inventory Map Project Name: Duncan SAW -2016-00715 owner/ Developer: The Quartz Corp USA City/County: Spruce Pine / Mitchell County Tax PIN(s): 0890-00-70-1887, 0890-00-60-6024 Coordinates: Scale: Lat: 35.91249 Long: 82.05003 Graphic Date: 2/7/2019 Sheet 1 Approximate Depiction of Wetlands and Waters - 1 01 Duncan Site Design (not for construction) e Wetland 100 t F p € -0.37 ac 5I � IV Ilp Approximate Tributary 400 Phase 1 �' ��� � ' " 412 LF Boundary Potential aerial utility crossing No Impact �r. lil See Sheet 3 f1 Tributary 300�'!, Tributary 100 -725 LF1,630 LF Y ~ M Wetland 300 �l��r °� �� �� �� ��,�vv��� �•�sE -0.19 ac Impact C-16Wetland Stream y 200 See Sheet 2 1' -0.2 ac 401/404 Permit � �'�� � � � � �,.� �� � ,� � ' `" h° � Tributary 500 Phase 2 � ���� � s : _- - ( ) _ ��1 � ,� ,� _ ,� � 490 LF `Tributar 200 ., Y i -745 LF I Wetland 400 0.06 ac �— Phase 11 =- a01 Phase I —� Map Provided by The Quartz Corp USA Sheet 2 . 'Y WETLANDS .. Y& WATERS, INC, Project Name: Duncan SAW -2016-00715 Owner / Developer: The Quartz CorpUSA City/County: Spruce Pine / Mitchell Count Tax PIN(s): 0890-00-70-1887, 0890-00-60-6024 Coordinates: Lat: 35.91249 Long: -82.05003 Scale: NTS Date: 2/7/2019 6 z ,.6s Map Provided by The Quartz Corp USA Sheet 3 T Detail 2 No 401/404 Impact Reserved for stormwater elevations dictate aerial not to scale r WETLANDS & WATERS, INC. Project Name: Duncan SAW -2016-00715 Owner/ Developer: The Quartz CorpUSA City/County: Spruce Pine / Mitchell Count Tax PIN(s): 0890-00-70-1887, 0890-00-60-6024 Coordinates: Lar. 35.91249 Long: -82.05003 Scale: NTS Date: 2/7/2019 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID. SAW -2016-00715 County: Mitchell USGS Quad: NC -SPRUCE PINE GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner / Authorized Agent: The Quartz Company / Todd MickleborouLyh Address: PO Box 309 Spruce Pine, NC 28777 Telephone No.: 828 467 6673 Size and location of property (water body, road name/number, town, etc.): The project is located at the Duncan Mining Site between Temple Mountain Road and Altapass Hwy, in Spruce Pine, Mitchell County, North Carolina Coordinates: 35.91249,-82.05003 Description of projects area and activity: This permit authorizes excavation and placement of fill material associated with permanent impacts of 127 linear feet of culvert installation. Applicable Law:. ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number: Nationwide Permit Number:- NW 44 Additional Remarks and/or Special Permit Conditions Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application and attached information dated 3/22/16. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. All comments/conditions of the attached North Carolina Wildlife Resources Commission letter dated May 27, 2016 are hereby incorporated as special conditions of this permit. These recommendations should be considered where practicable. *Culverts greater than 48 inches in diameter will be buried at least one foot below the bed of the stream. Culverts 48 inches or less shall be buried at an appropriate depth to maintain aquatic passage as defined in Final Regional Condition 3.6 attached to this NWP. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Quality (telephone (919) 807-6300) to determine Section 401 requirements. You may also visit their website at: hap://portal.ncdennora/web/wq/swp/ws/webscape For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact William Elliott at 8 8-2 1-72 -7 80. Corps Regulatory Official _William Elliott Date: June 30, 2016 Expiration Date of Verification: March 17, 2017 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at our website at http://per2.nwp.usace.army.niil/survev.litml to complete the survey online. Determination of Jurisdiction: A. ® Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). B. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. C. ❑ There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued . Action ID Basis of Jurisdictional Determination: The site contains wetlands as determined by the 1987 Corps of Engineers Wetland Delineation Manual and the Interim Regional Supplement to the Corps of Engineers Wetlands Delineation Manual: Eastern Mountain and Piedmont Region. These wetlands are adjacent to stream channels located on the property that exhibit indicators of ordinary high water marks. 'Be stream channel on the property is an unnamed tributary to UT to North Toe River which flows into the Nolichucky River. ENTER NAVIGATION TEXT Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1485. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. Appeals Information: (This information applies only to approved jurisdictional determinations as indicated in B and C above). This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room l OM 15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address within 60 days from the Issue Date below. **It is not necessary to submit an RFA form to the Division Office if you do no object to the determination in this correspondence.** Corps Regulatory Official: William Elliott Issue Date: June 30, 2016 Expiration Date: Five years from Issue Date Copy Furnished: Chris Huysman, Huysman & Bandy, Inc. 170 Dew Drop Rd. Sparta, NC 29675 Permit Number: SAW -2016-00715 Permit Type: NW 44 Name of County: Mitchell Name of Permittee: The Quartz Company / Todd Mickleborough Date of Issuance: June 30, 2016 Project Manager: William Elliott Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: U.S. Army Corps of Engineers Attention: CESAW-RG-A 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 Please note that your permitted activity is subject to a compliance inspection by an U.S. Army Corps of Engineers representative. If you fail to comply with this permit you are subject to permit suspension, modification, or revocation. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and conditions of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date .xv�.is"-ri rt .• .�.� +s .+t, «i <"" r,S�.'.�;+� c' '`^,�.�z�'�'� z�'�"�.y�. '5.. �^ '�'ti=F-! r-"4 � A'x - z�' Applicant: The Quartz Company / Todd File Number: SAW-2016- Date: June 30, 2016 Micicleborou h 00715 Attached is: See Section below INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission) A PROFFERED PERMIT (Standard Permit or Letter ofpermission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D X PRELIMINARY JURISDICTIONAL DETERMINATION E ropf�o our�d at xc Cot or as x s. es%rkeuals,uIa i a 33 CFp �> p . _p,. g A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for fmal authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section R of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. If you have questions regarding this decision and/or the appeal process you may contact: William Elliott, Project Manager USACE, Asheville Regulatory Field Office 151 Patton Ave RM 208 Asheville, NC 28801 828-271-7980 If you only have questions regarding the appeal process you may also contact: Mr. Jason Steele, Administrative Appeal Review Officer CESAD-PDO U.S. Army Corps of Engineers, South Atlantic Division 60 Forsyth Street, Room 10M15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of anv site investigation, and will have the opportunity to participate in all site investigations. Date: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: Telephone number: District Engineer, Wilmington Regulatory Division, Attn: William Elliott, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303- 8801. Phone: (404) 562-5137 A TTA CHMENT A PRELIMINARY JURISDICTIONAL DETERMINATION FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL DETERMINATION (JD): Q oz/ B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD: Hu sman & Bandy Attn: Chris "man . 170 Dew Drop Rd. Sparta, NC 28675 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: 6-�7"�rr Q - 2 DIS a7y �[�l5ACEAID: �Aw D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: Tempie Mountain Road, Spruce Pine NC, 28777 (USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT SITES) State: NC County/parish/borough: Mitchell City: Spruce Pine Center coordinates of site (lat/long in degree decimal format): Lat. 35.91249 ON; Long. -82.05003 °W. Universal Transverse Mercator: Name of nearest waterbody: Banjo Branch Identify (estimate) amount of waters in the review area. Non -wetland waters: 4100 linear feet: 3 width (ft) and/or acres. Cowardin Class: Riverine Stream Flow: Intermittent/Perennial Wetlands: 1.03 acres. Cowardin Class: Headwaters/Emergent Name of any water bodies on the site that have been identified as Section 10 waters: Tidal: Non -Tidal: E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ❑✓ Field Determination. Date(s): H&B Field Evaluation 09115/15 SUPPORTING DATA. Data reviewed for preliminary JD (check all that apply - checked items should be included in case file and, where checked and requested, appropriately reference sources below): Z Maps, plans, plots or plat submitted by or on behalf of 'the applicant/consultant: QData sheets prepared/submitted by or on behalf of the app ' nt/consultant. Office concurs with data sheets/delineation report. Office does not concur with data sheets/delineation report. E]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 PROJECT HUC 060101080904 © U.S. Geological Survey map(s). Cite scale & quad name: Spruce Pine ❑✓ USDA Natural Resources Conservation Service Soil Survey. Citation: WEB SOIL SURVEY OR PAPER COPY OF Mitchell ✓❑ National wetlands inventory map(s). Cite name: National Wetlands Inventory ❑ 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): 09115115 ❑ Previous determination(s). File no. and date of response letter: ❑ Other information (please specify): 2 1. The Corps of Engineers believes that there may be jurisdictional waters of the United States on the subject site, and the permit applicant or other affected party who requested this preliminary JD is hereby advised of his or her option to request and obtain an approved jurisdictional determination (JD) for that site. Nevertheless, the permit applicant or other person who requested this preliminary JD has declined to exercise the option to obtain an approved JD in this instance and at this time. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre -construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an approved JD for the activity, the permit applicant is hereby made aware of the following: (1) the permit applicant has elected to seek a permit authorization based on a preliminary JD, which does not make an official determination of jurisdictional waters; (2) that the applicant has the option to request an approved JD before accepting the terns and conditions'of the permit authorization, and that basing a permit authorization on an approved JD could possibly result in less compensatory mitigation being required or different special conditions; (3) that the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) that the applicant can accept a permit authorization and -thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) that undertaking any activity in reliance upon the subject permit authorization without requesting an approved JD constitutes the applicant's acceptance of the use of the preliminary JD, but that either form of JD will be processed as soon as is practicable; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a preliminary JD constitutes agreement that all wetlands and other water bodies on the site affected in any way by that activity are jurisdictional waters of the United States, and precludes any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an approved JD or a preliminary JD, that JD will be processed as soon as is practicable. Further, an approved JD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331, and that in any administrative appeal, jurisdictional issues can be raised (see 33 C.F.R. 331.5(a)(2)). If, during that administrative appeal, It becomes necessary to make an official determination whether CWA jurisdiction exists over a site, or to provide an official delineation of jurisdictional waters on the site, the Corps will provide an approved JD to accomplish that result, as soon as is practicable. This preliminary JD finds that there, " ri-101V hf-, * VvMel of the United States on the , subject project site, anti id(-�,,Itifles all aquatic the site that COL)W be S I affected by the. propoc.;(,.,3(-, �,(-qivjty, based or' !hr. follOw"(1 intom,iation IMPORTANT NOTE: The information recorded oil this form has riot necessarily been verified by the Corps and sho�.�Id not be relied upon for later jurisdictional determinations. Signature and date of Siunature and Regulatory Project Manag(-;r (REQUIRED) req,jesting preliminary JD (PI"'QUIRED, unless obtaining i,'ignature is, impracticable) Mitchell County Wetland ;'* 'k, a 600-700 0.6 ac 9 x� Diredata Tributary 800 s lt,-4iw;e Mali Fw�,.,K «. Na v Wetland 200 t�� 11Na th 0.24 ac NP j1�"-o,"-!s' ct�..ti.r x s• w ;% r l j,•'::� .j. F Tributary500 �• Q Tributary300 fit' �� a F Tributary 100 500 l f 900 [ f X71 ; 1800 Lf•� �1�r; yo 3 ""'e-40 Wetland 300-400 0.19 ac ys �) j �kn°�ridtG Yi��t� a'aaF�� ti r 4 IR k� IRV;L 4 sem, � .�[ •� �'`�»f� ���h � �'� ra t�ii,��� '�>^l ��f ��s � ...-......-:......:�9k? r `s: t if S'�" thri is �.,� x .+� >k�'.. 1� ht -YJ.. � udy i �. < � •• "� t sU � i R, { J 1 s.gF' 4` `Y t�\*k'l�k�+'F}�t, MAY, 2,•� Wetland 1000Tributary 200 0.01 aca 500 U. ( � 47 1 -'e utW^`•• d4 ..,: lsmryy ey;,r _ -, .. A �j 14`q '{.L^.r � a-� ,'.. t 3 r �' ti ..� � �"'"'x�r . ,;F cy S,``,L(Fil � �i � ',� y .• :+. tY; I dk ti� Tributary 900`'`'; t; Q 120 Lf. g R�,',. ' � 7}. � � i � w•p� � _ ",�`ve� ��•,�� �ti'4•x G ��.�G ` ��.Rrf,3N faY'- �' 2 Yj'1,! .:)..k . ¢B'� •k^ W ,t'•Jll t .+� "14 w�"��a� .i, Y�st�`+ NOvarn tpr 1^i_ 7(11.19 N w . w nn n 1.'T� VVV 1 inch = 400 feet DISCLAIMER: The information contained on this page is NOT to be construed or used as a "legal description". Map information is believed to be accurata hilt artrrrrar t i� —# 2/7/2019 Mitchell County, North Carolina Mitchell County, North Carolina generated on 2/7/201911:58: 10 AM CST Parcel Parcel ID Parcel Address Total Land & Data as of Assess pay Year Improvements Year 0890-00-70-1887 ALTAPASS HWY $258,900 9/26/2018 9:08:00 PM Owner THE QUARTZ CORP USA Owner Address PO BOX 309 SPRUCE PINE NC 28777 Transfer Date 11/04/2015 http://nc-mitchell-assessor.governmax.com/propertymax/ACAMA_I ndiana/tab_pareel_v07O1.asp?PrintView=True&r_nm=tab%5Freport&t_nm=base&s... 1/1 1_(,')c ation information GIS 555747869 Section & Plat District No. 12 State Assigned District No. 12 Township No. 001 Routing No. 37 Parcel Address ALTAPASS HWY Parcel Address ALTAPASS HWY Legal Desc. Parcel Information Tcxr o9rat tly Services Level N Zoning Water N Property Class Code 501 L wh N Sewer N Neighborhood Code 28 Gas N Rolling Y Neighborhood Factor 98.00 Electricity Y Swampy N Neighborhood Type B Sidewalk N Flood Hazard Street or Road Code A Alley N Waterfront Property Type Assessmerk t Ir;:fa:�rt tie® Current AV - Total Land $258,900 AV - Res. Land & Lots $0 Legal Acreage 98.6400 Current AV - Total Improv. $0 AV - Res. Improv. $0 Average AV/Acre $0 Total Land & Improvements $258,900 AV - Res. Land & Improv. $0 Appraisal Date 10/10/2017 AV - Commercial Land $0 AV - Non -Res. Land $0 Change Reason Desc. 05 AV - Comm. Improv. $0 AV - Non -Res. Imp. $0 Prior AV - Total Land $345,200 AV - Comm. Land & Imp. $0 AV - Non -Res. Land & Improv. $0 Prior AV - Total Improv. $0 AV - Dwelling $0 AV - Classified Land $0 Adj. Factor Applied 0.00 AV - Farmland $0 AV - Homesite(s) $0 http://nc-mitchell-assessor.governmax.com/propertymax/ACAMA_I ndiana/tab_pareel_v07O1.asp?PrintView=True&r_nm=tab%5Freport&t_nm=base&s... 1/1 APRtOVED BY TAX ASSESSOR TO DE RECORDED IN TH FITC COUNTY REGISTER I D�_D OF IC DATE 1L -t-2 Mitchell 'ounty Date PIN QZ20-M-90 ISM Tax s PAID thru a()Iq ByCi �Qn_ IIIIIIII�IV�III�IIIIUIIN INIII 2015002176 MITCHELL CO. INC FEE $26.00 STATE OF INC REAL ESTATE EXTX $2100.00 PRESENTED & RECORDED. 11-04-2015 08:22:42 AM KATHY LAWS EG STER OF DEEDS BY LORI PITMAN DEPUTY BK: RE 563 PG: 665-675 NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax: $2100.00 Tax Lot No Verified by by Parcel Identifier No. 0890-00-70-1887 and 0799-07-59-8800 _ County on the day of 20 Mail after recording to: Zachary D. Morgan, McGuireWoods LLP, 201 North Tryon Street, Suite 3000, Charlotte, NC 28202 This instrument was prepared by: Zachary D. Morgan, McGuire Woods LLP, 201 North Tryon Street, Suite 3000, Charlotte, NC 28202 Brief Description for the Index IQa,541 ACr(5 PB 3 P6i3*-1 THIS DEED made this day of_666, 2015 by and between GRANTOR MAXINE B. DUNCAN, as Trustee of THE MAXINE BUCHANAN DUNCAN TRUST u/a/d 12/15/2008; JEFFREY B. DUNCAN and wife, ANGELA T. DUNCAN; GARY WAYNE DUNCAN and wife, PAULA HOPPES DUNCAN; MATTHEW BRANDON DUNCAN and wife, KRISTY LEE DUNCAN; BROOKE DUNCAN BURLESON and husband, ADAM LUCAS BURLESON; MICHAEL GARRY DUNCAN and wife, SHIRLEY BOWMAN DUNCAN; SHARON ELIZABETH DUNCAN BESS and husband, HAROLD WINSTON BESS; and PATRICIA ANN DUNCAN HOPSON and husband, JOSEPH LAWRENCE HOPSON 454 Hawkins Branch Road Spruce Pine, NC 28777 GRANTEE THE QUARTZ CORP USA, a North Carolina corporation 8342 Highway 226 By -Pass Spruce Pine, North Carolina 28777 Enter inappropriate block for each party: name, address, and, if appropriate, character of entity, e.g. corporation or partnership The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. 71442197_1 WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in Grassy Creek Township, Mitchell County, North Carolina and more particularly described as follows: SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. The property hereinabove described was acquired by Grantor by instrument recorded in Book , Page All or a portion of the property herein conveyed does not include the primary residence of a Grantor. A map showing the above-described property is recorded in Plat Cabinet 3 , Page 3-4 TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. AND the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: The lien of ad valorem real property taxes and assessments for the current year and for subsequent years; all easements, covenants, conditions, restrictions, and other agreements of record against the property conveyed hereby; all matters which would be disclosed by a recent and accurate survey of the property conveyed hereby; zoning, land use and building laws, regulations and ordinances. IN WITNESS WHEREOF, the Grantor has hereunto set his/her hand and seal the day and year fust above written. [SIGNATURE PAGES FOLLOW] The foregoing Certificate(s) of is/are certified to be correct. This instrument and this certificate are duly registered at the date and time and in the Book and Page shown on the first page hereof. By: 71442197_1 REGISTER OF DEEDS FOR Deputy/Assistant - Register of Deeds COUNTY EXHIBIT A BEING all of that property labeled "Area =102.541 Acres" as shown on the Boundary Survey for The Quartz Corp recorded in Plat Book 3, Page 371 in the Office of the Register of Deeds for Mitchell County, North Carolina. Being the same property conveyed to Adam Duncan, Dennis Duncan, Eugene Duncan, and Donald Duncan by deed dated January 30, 1968 from Sam Duncan and recorded in Book 136, Page 239 in the Mitchell County Register of Deeds. Adam B. Duncan's one-fourth interest was conveyed to Jeffrey B. Duncan by deed dated November 12, 2003 from Russell C. Duncan, Executor of the estate of Adam Duncan and recorded in Book 387, Page 851 in the aforesaid Register of Deeds. Said one-fourth interest was conveyed to Donald Wayne Duncan, Trustee of The Donald Wayne Duncan Trust u/a/d 12/15/2008 by deed dated July 30, 2014 from Jeffrey B. Duncan and wife, Angela T. Duncan,and recorded in Book 550, Page 175 in the aforesaid Register of Deeds. Donald Duncan's one-fourth interest was conveyed to Donald Wayne Duncan, Trustee of The Donald Wayne Duncan Trust u/a/d 12/15/2008 by deed dated December 15, 2008 from Donald Wayne Duncan and wife, Maxine Buchanan Duncan, and recorded in Book 484, Page 803 in the aforesaid Register of Deeds and by deed dated July 30, 2014 from Maxine Buchanan Duncan, Trustee of The Maxine Buchanan Duncan Trust u/a/d 12/15/2008 and recorded in Book 550, Page 167 in the aforesaid Register, leaving a one-half interest vested in The Donald Wayne Duncan Trust u/a/d 12/15/2008. Said one-half interest was conveyed to Jeffrey B. Duncan and wife, Angela T. Duncan (a one-fourth interest) and Maxine B. Duncan, Trustee of The Maxine Buchanan Duncan Trust u/a/d 12/15/2008 (a one-fourth interest) by deed dated August 31, 2015 from Donald Wayne Duncan, Trustee of The Donald Wayne Duncan Trust u/a/d 12/15/2008 and recorded in Book 561, Page 837 in the aforesaid Register of Deeds. Dennis Duncan died on April 7, 1994 devising his one-fourth interest to his wife, Ruth Grindstaff Duncan. (See Cleveland County Estate File 94-E-317 and Mitchell County Estate File 15-E-151.) Ruth Grindstaff Duncan died on February 2, 2002 devising said one-fourth interest to her children Michael Garry Duncan, Patricia Ann Duncan Hopson, and Sharon Elizabeth Duncan McAlister now known as Sharon Elizabeth Duncan Bess. (See Cleveland County Estate File 02-E-98 and Mitchell County Estate File 15-E-150.) Eugene Duncan died intestate on September 21, 1974 leaving as his heirs his wife, Gladys O. Duncan, and his son, Gary Wayne Duncan. (See Buncombe County Estate File 74-E-49.) Gladys 011is Duncan conveyed her one-eighth interest to Gary Wayne Duncan (a one -sixteenth interest), Matthew Brandon Duncan (a one -thirty second interest), and Brooke Elizabeth Duncan (a one -thirty second interest) by deed dated October 27, 2000 and recorded in Book 328, Page 566 in the aforesaid Register of Deeds, leaving a three -sixteenth interest vested in Gary Wayne Duncan. Paula Hoppes Duncan, Kristy Lee Duncan, Adam Lucas Burleson, Shirley Bowman Duncan, Harold Winston Bess, and Joseph Lawrence Hopson execute this deed for the sole purpose of conveying any marital interest which he or she may have in the property conveyed herein and do not join in any of the warranties made herein. 71442197_1 [SIGNATURE PAGE FOR GENERAL WARRANTY DEED] Maxine B. Duncan, as Trustee of The Maxine Buchanan Duncan Trust u/a/d 12/15/2008 STATE OF NORTH CAROLINA COUNTY OF (Place of Acknowledgement) I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she signed the foregoing document: Maxine B. Duncan. Date: Q2UW:(,C 2015 Notary Publ% Printed or Typed Name 5'1+a IiX4 (Official Seal) My commission expires: 4-'24 --z o +'1 S Ko%NFtrz CJ �N � puo 71442197_1 [SIGNATURE PAGE FOR GENERAL WARRANTY DEED] niblw& amtllon J/% B. uncan a J• '4" Angelft Duncan STATE OF NORTH CAROLINA COUNTY OF M6�oW L� (Place of Acknowledgement) I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she signed the foregoing document: Jeffrey B. Duncan and Angela T. Duncan. Date: Q, 2015 (Official Seal) 714421971 Notary Public Printed or Typed Name My commission expires: [SIGNATURE PAGE FOR GENERAL WARRANTY DEED] Gd�it� Gary tayne DtIcan Paula Hoppes Duncan STATE OF NORTH CAROLINA COUNTY OF (Place of Acknowledgement) 1 certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she signed the foregoing document: Gary Wayne Duncan and Paula Hoppes Duncan. Date: 4-'--_24:,2015 (Official Seal) .!'PQAC/j"'� •••''� '4 %3'b 71442197_1 otary Public Printed or Typed Name My commission expires: [SIGNATURE PAGE FOR GENERAL WARRANTY DEED] Matthew Brandon Duncan Kristy Lee D an STATE OF TEXAS COUNTY OF (Place of cknowledgement) I certify that the following person(s) personally appeared before me this day, each ack»owledging to me that he or she signed the foregoing dooument: Matthew Brandon Duncan and Kristy Lee Duncan. Date: 2-22015 Notary Public P-�N' _ Printed or Typed Name r1GU ^ 1s (Official Seal) MYoommissiou expims: 10 .21. ZO 1 S .a�• •ryl YRITTNI KLEINHANS +Q D Nefary Public ► ITATI ON TSXAG i My Comm f180.1012112018 ' 714421971 [SIGNATURE PAGE FOR GENERAL WARRANTY DEED] PA11N(UJLJIAM, zLL-1 Brooke Duncan Burleson Adam Lucas Burleson STATE OF NORTH CAROLINA COUNTY OF��Dw�� (Place of Acknowledgement) I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she signed the foregoing document: Brooke Duncan Burleson and Adam Lucas Burleson. Date: ClAy bL✓ -2-3 , 2015 (Official Seal) 71442197_1 "J&4' a",— Notary `� Notary Public Printed or Typed Namer►*-bt- My commission expires: tA —Z 1 --2.6 t'[ [SIGNATURE PAGE FOR GENERAL WARRANTY DEED] Oichael Garry Du Shirley B pan Duncan STATE OF NORTH CAROLINA COUNTY OF f I \ C DCW t.Q. (Place of Acknowledgement) I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she signed the foregoing document: Michael Garry Duncan and Shirley Bowman Duncan. Date: IL*DVx„( 2a, 2015 (Official Seal) co �� ARy •: ? 6% v' pU0 %1,VL B•: 71442197_1 —A�. ►1t:, Notary Pr ubliA Printed or Typed Name It My commission expires: [SIGNATURE PAGE FOR GENERAL WARRANTY DEED] n� Qiia�o iv m/'t r V 111i Sharon Elizabeth Dkoan Bess /Z,df A�w Harold Winston Bess STATE OF NORTHCAROLINA COUNTY OF M" L N61 (Place of Acknowledgement) I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she signed the foregoing document: Sharon Elizabeth Duncan Bess and Harold Winston Bess. Date: Oftbe 2Z , 2015 (Official Seal)P,,%CIAt47i ,� e �� N0T y= Avettc /IiIII1110%` 71442197_1 Nota Public v Printed or Typed Name My commission expires: [SIGNATURE PAGE FOR GENERAL WARRANTY DEED] Patricia Ann Duncan Hopson oseph Lawrence Hopson STATE OF NORTH CAROLINA COUNTY OF MCCOWel t (Place of Acknowledgement) I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she signed the foregoing document: Patricia Ann Duncan Hopson and Joseph Lawrence Hopson. Date: �, 2015 ftt C I A (Official NOrA,Q` z_ tic couNl'4 - 71442197_1 U0% A c/ No Public lGa A Aden Printed or Typed Name n n My commission expires: 8 — IM 2/7/2019 Mitchell County, North Carolina Mitchell County, North Carolina generated on 2/7/201911: 59:24 AM CST Parcel Parcel ID Parcel Address Total Land & Data as of Assess pay Year Improvements Year 0890-00-60-6024 205 HANNAH LN $256,700 9/26/2018 9:08:00 PM Owner THE QUARTZ CORP USA Owner Address PO BOX 309 SPRUCE PINE NC 28777 Transfer Date 04/28/2017 http://nc-mitchell-assessor.governmax.com/propertymax/ACAMA_Indiana/tab_parcel_v070l .asp?PrintView=True&r_nm=tab%SFreport&t_nm=base&s... 1/1 �..00-abOn iraiornizition GIS 555747869 Section & Plat District No. 12 State Assigned District No. 12 Township No. 001 Routing No. 43 Parcel Address 205 HANNAH LN Parcel Address 205 HANNAH LN Legal Desc. Parcel Information Topo:fr. is h Services Level N Zoning Water N High N Property Class Code 401 Sewer N Low N Neighborhood Code 28 Gas N Rolling Y Neighborhood Factor .00 Electricity Y Swampy N Neighborhood Type B Sidewalk N Flood Hazard Street or Road Code A Alley N Waterfront Property Type Assessment at info nation Current AV - Total Land $96,600 AV - Res. Land & Lots $0 Legal Acreage 6.0700 Current AV - Total Improv. $160,100 AV - Res. Improv. $0 Average AV/Acre $0 Total Land & Improvements $256,700 AV - Res. Land & Improv. $0 Appraisal Date 10/10/2017 AV - Commercial Land $0 AV - Non -Res. Land $0 Change Reason Desc. 05 AV - Comm. Improv. $0 AV - Non -Res. Imp. $0 Prior AV - Total Land $96,600 AV - Comm. Land & Imp. $0 AV - Non -Res. Land & Improv. $0 Prior AV - Total Improv. $107,500 AV - Dwelling $93,900 AV - Classified Land $0 Adj. Factor Applied 0.00 AV - Farmland $0 AV - Homesite(s) $0 http://nc-mitchell-assessor.governmax.com/propertymax/ACAMA_Indiana/tab_parcel_v070l .asp?PrintView=True&r_nm=tab%SFreport&t_nm=base&s... 1/1 Mitchell County Date © Z.ol`I PIN Taxes PAID t;:ru -10 1(0 By„v_jl--� APPROVED BY TAX ASSESSOR TO BE RECORDED IN THE MITC EL COUNTY REGISTE OF D EDS 091' DATE Excise Tax: $ 450.00 11111111 1111111111111 III 2017000840 MITCHELL CO, NC FEE $26.00 STATE OF NC REAL ESTATE EXTX $450.00 PRESENTED 9 RE—DED 05-09-2017 01:48:39 PM KATHY LAWS RE. FR n7 ;EEns BY LORI PITMAN DEPUTY BK: RE 579 PG: 847-849 NORTH CAROLINA GENERAL WARRANTY DEED Parcel Identifier No. 0890-00-60-6024 Verified by By: County on tt",,,_ day of , 20_ #atI18z td: Gerald R McKinney P.A., 499 Sokassa Road, P.O. Box 9, Newland, NC 28657 DX 7647 e _,S 8` Stege jJ v� ns1?A This instrument was prepared by: Gerald R McKinney. P A 499 Sokassa Road P.O.Dox 9 Newland NC 28657 NC 2,602 Brief description for the THIS DEED made this 28th day of April 2017 , by and between GRANTOR RANDY McCLELLAN and wife, BRENDA McCLELLAN 118 DOGWOOD KNOLL ROAD SPRUCE PINE, NC 28777 GRANTEE THE QUARTZ CORP USA, a North Carolina corporation 797 Ahapass Highway Spruce Pine, NC 28777 Enter in appropriate block for each Grantor and Grantee: name, mailing address, and, if appropriate, character of entity, e.g. corporation or partnership. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot, parcel of land or condominium unit situated in the City of GRASSY CREEK Township, MITCHELL County, North Carolina and more particularly described as follows SEEATTACHED EXH IBIT' A" WITHOUT BENEFITOF TITLE EXAM The property hereinabove described was acquired by Grantor by instrument recorded in Book 279 page 595 All or a portion of the property herein conveyed _ includes or X does not include the primary residence of a Grantor. A map showing the above described property is recorded in Plat Book page Page 1 of 2 NC: Bar Association Form No. 3 Ci 1976, Revised Cr3 1977, 7002, 2013 This standard form has been approved by: Printed by Agreement with the NC Bar Association — 1981 North Carolina Bar Association — NC Bar Form No. 3 TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever, other than the following exceptions: 1. Subject to the easement for the public road known asAltapass Road. IN WITNESS WHEREOF, the Grantor has duly executed the foregoingwj_ql_�day and year first above written. (SEAL) (Entity Name) Print/TV(e Name7 RANDY McCLELLAN B: y Y�ow. (SEAL) Print/Type Name & Tide: Print/Type Name: I .I.AN By: Print/rype Name &'title: Print/Type By: (SEAL) Print/Type Name & Title: Print/Type Name: State of North Carolina — - County or City of AVERY 1, the undersigned Notary Public of the County or City of AVERY and State aforesaid, certify that RANDY McCLELLAN and wife, BRENDA McCLELLAN personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. Witness my hand and Notarial stamp or seal this 28th day of April 201 7. Donetta K McKinney � � K WL My Commission Expires:Notary Public r Q Nota Public very County Ct– I Notary's Printed or Typed Name (Affix Seal) t,1v Rorrmission Expires J State of North Carolina - County or City of AVERY 1, the undersigned Notary Public of the County or City of AVERY and State aforesaid, certify that personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. Witness my hand and Notarial stamp or seal this 28th day of 20. My Commission Expires: Notary Public (Affix Seal) Notary's Printed or Typed Nante State of - County or City of I, the undersigned Notary Public of the County or City of and State aforesaid, certify that personally came before me this day and acknowledged that he is the of a North Carolina or corporation/limited liability company/general partnership/limited partnership (strike through the inapplicable), and that by authority duly given and as the act of such entity, _he signed the foregoing instrument in its name on its behalf as its act and deed. Witness my hand and Notarial stamp or seal, this day of 20. My Commission Expires: (Affix Seal) Notary's Printed or Typed Name Public Page 2 of 2 NC Bar Association Form No. 3 0 1976, Revised m 1977, 2002, 2013 This standard form has been approved by: Printed by Agreement with the NC Bar Association — 1981 North Carolina Bar Association — NC Bar Form No. 3 EXHIBIT "A" Lying and being in Grassy Creek Township, Mitchell County, North Carolina BEGINNING on a railroad spike in the pavement edge of NCSR 1121 (Altapass Road) and runs thence South 18 degrees 38 minutes 59 seconds West 9.45 feet to a point in the center of said road and runs thence with the center of said road the following bearings and distances: North 58 degrees 37 minutes 32 seconds West 170.09 feet; North 63 degrees 29 minutes 15 seconds West 84.97 feet; North 69 degrees 09 minutes 30 seconds West 113.55 feet; North 74 degrees 32 minutes 52 seconds West 127.45 feet; North 77 degrees 15 minutes 41 seconds West 59.94 feet; North 83 degrees 05 minutes 07 seconds West 58.53 feet; North 85 degrees 18 minutes 57 seconds West 24.08 feet; South 78 degrees 12 minutes 10 seconds West 34.98 feet; thence leaving the center of the road and running North 18 degrees 36 minutes 17 seconds East 10.35 feet to a railroad spike at the pavement edge; thence North 18 degrees 36 minutes 17 seconds East 45.34 feet to an iron pin; thence North 35 degrees 10 minutes East 142.80 feet to an iron pin; thence South 71 degrees 01 minutes 15 seconds East 73.05 feet to an iron set in the center of a branch; thence running up the center of the branch the following bearings and distances: North 31 degrees 54 minutes 53 seconds East 56.27 feet; North 27 degrees 16 minutes 03 seconds East 47.90 feet; North 19 degrees 33 minutes 41 seconds East 39.18 feet; North 31 degrees 06 minutes 37 seconds East 24.42 feet; North 49 degrees 26 minutes 02 seconds East 77.99 feet; North 29 degrees 12 minutes 48 seconds East 56.64 feet; North 34 degrees 23 minutes 19 seconds East 62.40 feet; North 28 degrees 42 minutes East 66.33 feet; thence leaving the branch and running South 71 degrees 12 minutes 36 seconds East 442.89 feet to an iron pin; thence South 18 degrees 38 minutes 59 seconds West 599.55 feet to the beginning, containing 7.07 acres. Subject to the easement for the public road known as Altapass Road. EXCEPTING AND RESERVING the right to the use of the existing road located near the western boundary of the lands herein conveyed and other road rights as excepted in the deed to Grantor of record in Book 225, Page 17, Mitchell County Registry.