20211025 Ver 2_USACE Permit_20211215

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
151 PATTON AVENUE
ROOM 208
ASHEVILLE, NORTH CAROLINA 28801-5006
December 15, 2021
Regulatory Division
Action ID: SAW-2019-01042
Mr. Jeffery Ferguson
Sibelco North America, Incorporated
136 Crystal Drive
Spruce Pine, North Carolina 28777
Dear Mr. Ferguson:
Enclosed is a Department of the Army permit to discharge fill material into 347 linear
feet of stream channel and 0.274 acre of wetland for the 011is Mine Waste Expansion
Area. The Corps is issuing this permit in response to your written request of June 15,
2021, and the ensuing administrative record.
Any deviation in the authorized work will likely require modification of this permit. If a
change in the authorized work is necessary, you should promptly submit revised plans
to the Corps showing the proposed changes. You may not undertake the proposed
changes until the Corps notifies you that your permit has been modified.
Carefully read your permit. The general and special conditions are important. Your
failure to comply with these conditions could result in a violation of Federal law. Certain
significant conditions require that:
a. You must complete construction before October 26, 2026.
b. You must notify this office in advance as to when you intend to commence and
complete work.
c. You must allow representatives from this office to make periodic visits to your
worksite as deemed necessary to assure compliance with permit plans and
conditions.
d. In order to compensate for impacts associated with this permit, mitigation shall
be provided in accordance with the provisions outlined in the U.S. Army Corps of
Engineers, Wilmington District, Compensatory Mitigation Responsibility Transfer
Form. The requirements of this form, including any special conditions listed on
this form, are hereby incorporated as special conditions of this permit
authorization.

-2-
You should address all questions regarding this authorization to Ms. Amanda Jones
Fuemmeler at the Asheville Regulatory Field Office, telephone [phone]
extension 4225.
FOR THE COMMANDER
/--00(. :54sff C_
M. Scott Jones, PWS
Chief
Asheville/Charlotte Regulatory Field Offices
Enclosures
cc (Permit, Special Conditions and Plans):
Mr. Todd Bowers
U.S. Environmental Protection Agency
Water Management Division
Wetlands Protection Section — Region IV
61 Forsyth Street, SW
Atlanta, Georgia 30303
Mr. Paul Wojoski, Supervisor
Department of Environmental Quality
Division of Water Resources
401 & Buffer Permitting Branch
1617 Mail Service Center
Raleigh, North Carolina 27699
cc (via Email):
ClearWater Environmental: Mr. Clement Riddle — clement(a)cwenv.com
North Carolina Department of Environmental Quality, Division of Water Resources:
Ms. Sue Homewood — sue. homewood(a)ncdenr.gov
North Carolina Department of Environmental Quality, Division of Mitigation Services:
Ms. Kelly Williams — kelly.williams(a)ncdenr.gov
U.S. Army Corps of Engineers, Regulatory Division: Mr. Todd Tugwell —
todd.i.tugwell(a)usace.army.mi,

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
on REQUEST FOR APPEAL
Applicant:
File Number:
Date:
SIBELCO NORTH AMERICA
SAW-2019-01042
12/15/2021
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
F-11
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at htip://www.usace.army.mil/inet/functions/cw/cecwo/rem or
Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer
for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is
authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its
entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional
determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may
request that the permit be modified accordingly. You must complete Section II of this form and return the form to the
district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or
you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will
evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to
address some of your objections, or (c) not modify the permit having determined that the permit should be issued as
previously written. After evaluating your objections, the district engineer will send you a proffered permit for your
reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer
for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is
authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its
entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional
determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions
therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the
division engineer within 60 days of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal
Process by completing Section 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 II of this form and sending the form to the district engineer. This
form must be received by the division engineer within 60 days of the date of this notice.

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be
appealed), by contacting the Corps district for further instruction. Also you may provide new information for further
consideration by the Corps to reevaluate the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an
initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where
your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum
for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined
is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to
the record. However, you may provide additional information to clarify the location of information that is already in the
administrative record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
Mr. Philip Shannin, Administrative Appeal Review Officer
District Engineer, Wilmington Regulatory Division,
CESAD-PDO
Attn: Amanda Jones Fuemmeler
U.S. Army Corps of Engineers, South Atlantic Division
USACE
60 Forsyth Street, Room 1OM15
151 Patton Avenue, Room 208
Atlanta, Georgia 30303-8801
Asheville, NC 28801
Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15-
day notice of any site investigation, and will have the op rtuni to participate in all site investigations.
Date:
Telephone number:
Si nature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Amanda Jones Fuemmeler, 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. Philip
Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta,
Georgia 30303-8801 Phone: [phone]

DEPARTMENT OF THE ARMY PERMIT
Permittee: Sibelco North America, Incorporated
Permit No.: SAW-2019-01042
Issuing Office: CESAW-RG-A
NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The
term "this office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over
the permitted activity or the appropriate official of that office acting under the authority of the commanding officer.
You are authorized to perform work in accordance with the terms and conditions specified below.
Project Description: To discharge fill material into 347 linear feet of stream channel and 0.274 acre of wetlands for
the 011is Mine Waste Expansion area.
Project Location: Project is located off of Brushy Creek Road, near Spruce Pine, in Avery County, North Carolina
Permit Conditions:
General Conditions:
1. The time limit for completing the work authorized ends on October 26, 2026. If you find that you need more
time to complete the authorized activity, submit your request for a time extension to this office for consideration at
least one month before the above date is reached.
2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and
conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you
may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to
cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must
obtain a modification of this permit from this office, which may require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while accomplishing the activity
authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal
and state coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing
in the National Register of Historic Places.
4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space
provided and forward a copy of the permit to this office to validate the transfer of this authorization.
ENG FORM 1721, Nov 86 EDITION OF SEP 82 IS OBSOLETE. (33 CFR 325 (Appendix A))

5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions
specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is
attached if it contains such conditions.
6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary
to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit,
Special Conditions:
SEE ATTACHED SPECIAL CONDITIONS
Further Information:
1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to:
_Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).
X Section 404 of the Clean Water Act (33 U.S.C. 1344).
_Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413).
2. Limits of this authorization.
a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law.
b. This permit does not grant any property rights or exclusive privileges.
c. This permit does not authorize any injury to the property or rights of others.
d. This permit does not authorize interference with any existing or proposed Federal project.
Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the
following:
a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or
from natural causes.
b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or
on behalf of the United States in the public interest.
c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the
activity authorized by this permit.
d. Design or construction deficiencies associated with the permitted work.
e. Damage claims associated with any future modification, suspension, or revocation of this permit.
4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the
public interest was made in reliance on the information you provided.
(REVERSE OF ENG FORM 1721)

5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the
circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the
following:
a. You fail to comply with the terms and conditions of this permit.
b. The information provided by you in support of your permit application proves to have been false,
incomplete, or inaccurate (See 4 above).
b. Significant new information surfaces which this office did not consider in reaching the original public interest
decision.
Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and
revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR
326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order
requiring you to comply with the terms and conditions of your permit and for the initiation of legal action where
appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply
with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the
corrective measures by contract or otherwise and bill you for the cost.
6. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this permit,
Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation
of the public interest decision, the Corps will normally give favorable consideration to a request for an extension
of this time limit.
Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of
this permit.
(PERMITTEE) O ORTH E A, INC (DATE)
This permit becomes e ective when the Federal official, designated to act for the Secretary of the Army, has signed
below.
(ro�
FOR 15 DEC 2021
(DISTRICT COMMANDER) BENJAMIN A. BENNETT (DATE)
COLONEL, U.S. ARMY
DISTRICT COMMANDER
When the structures or work authorized by this permit are still in existence at the time the property is transferred, the
terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the
transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have
the transferee sign and date below.
(TRANSFEREE)
(DATE)
*U.S. GOVERNMENT PRINTING OFFICE: 1986 - 717-425

SPECIAL CONDITIONS
Action ID: SAW-2019-01042
a. Work Limits: All work authorized by this permit shall be performed in strict
compliance with the attached permit plans dated 08/24/2020 and revised 08/12/21,
which are a part of this permit. The Permittee shall ensure that the construction
design plans for this project do not deviate from the permit plans attached to this
authorization. Any modification to the attached permit plans must be approved by
the U.S. Army Corps of Engineers (Corps) prior to any active construction in waters
or wetlands.
b. Unauthorized Dredge and/or Fill: Except as authorized by this permit or any
Corps -approved modification to this permit, no excavation, fill, or mechanized land -
clearing activities shall take place at any time in the construction or maintenance of
this project, within waters or wetlands. This permit does not authorize temporary
placement or double handling of excavated or fill material within waters or wetlands
outside the permitted area. This prohibition applies to all borrow and fill activities
connected with this project.
c. Permit Distribution: The Permittee shall require its contractors and/or agents to
comply with the terms and conditions of this permit in the construction and
maintenance of this project and shall provide each of its contractors and/or agents
associated with the construction or maintenance of this project with a copy of this
permit. A copy of this permit, including all conditions and drawings shall be available
at the project site during construction and maintenance of this project.
d. Preconstruction Meeting: The Permittee shall conduct an onsite preconstruction
meeting between its representatives, the contractor's representatives, and the
appropriate U.S. Army Corps of Engineers Project Manager prior to undertaking any
work within jurisdictional waters and wetlands to ensure that there is a mutual
understanding of all terms and conditions contained within the Department of the
Army permit. The Permittee shall schedule the preconstruction meeting for a time
frame when the Corps, NCDCM, and NCDWR Project Managers can attend. The
Permittee shall invite the Corps, NCDCM, and NCDWR Project Managers a
minimum of thirty (30) days in advance of the scheduled meeting in order to provide
those individuals with ample opportunity to schedule and participate in the required
meeting. The thirty (30) day requirement can be waived with the concurrence of the
Corps.
e. Notification of Construction Commencement and Completion: The Permittee
shall notify the U.S. Army Corps of Engineers in writing prior to beginning the work
authorized by this permit and again upon completion of the work authorized by this
perm it.

f. Reporting Address: All reports, documentation, and correspondence required by
the conditions of this permit shall be submitted to the following: U.S. Army Corps of
Engineers, Wilmington District Asheville Regulatory Field Office, Attn: Amanda
Jones Fuemmeler, 151 Patton Avenue, Room 208, Asheville, NC 28801, or
amanda.iones(a)usace.army.mil. The Permittee shall reference the following permit
number, AID: SAW-2019-01042, on all submittals.
g. Permit Revocation: The Permittee, upon receipt of a notice of revocation of this
permit or upon its expiration before completion of the work will, without expense to
the United States and in such time and manner as the Secretary of the Army or his
authorized representative may direct, restore the water or wetland to its pre -project
condition.
h. Reporting Violations: Violation of these permit conditions or violation of Section
404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act shall be
reported to the Corps in writing and by telephone at: 828-271-7980 within 24 hours
of the Permittee's discovery of the violation.
Endangered Species Act: The Permittee shall implement all necessary measures
to ensure the authorized activity does not kill, injure, capture, harass, or otherwise
harm any federally listed threatened or endangered species. While accomplishing
the authorized work, if the Permittee discovers or observes an injured or dead
threatened or endangered species, the U.S. Army Corps of Engineers, Wilmington
District Asheville Regulatory Field Office, Attn: Amanda Jones Fuemmeler, 151
Patton Avenue, Room 208, Asheville, NC 28801 (828-271-7980 ext. 4225) will be
immediately notified to initiate the required Federal coordination.
Maintain Flows and Circulation Patterns of Waters: Except as specified in the
plans attached to this permit, no excavation, fill, or mechanized land -clearing
activities shall take place at any time in the construction or maintenance of this
project, in such a manner as to impair normal flows and circulation patterns within
waters or wetlands or to reduce the reach of waters and/or wetlands.
k. Sediment and Erosion Control:
1) During the clearing phase of the project, heavy equipment shall not be operated
in surface waters or stream channels. Temporary stream crossings will be used
to access the opposite sides of stream channels. All temporary diversion
channels and stream crossings will be constructed of non -erodible materials.
Grubbing of riparian vegetation will not occur until immediately before
construction begins on a given segment of stream channel.
-2-

2) No fill or excavation impacts for the purposes of sedimentation and erosion
control shall occur within jurisdictional waters, including wetlands, unless the
impacts are included on the plan drawings and specifically authorized by this
permit. This includes, but is not limited to, sediment control fences and other
barriers intended to catch sediment losses.
3) The Permittee shall remove all sediment and erosion control measures placed in
waters and/or wetlands, and shall restore natural grades on those areas, prior to
project completion.
4) The Permittee shall use appropriate sediment and erosion control practices
which equal or exceed those outlined in the most recent version of the "North
Carolina Sediment and Erosion Control Planning and Design Manual" to ensure
compliance with the appropriate turbidity water quality standard. Erosion and
sediment control practices shall be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such
Best Management Practices in order to ensure compliance with the appropriate
turbidity water quality standards. This shall include, but is not limited to, the
immediate installation of silt fencing or similar appropriate devices around all
areas subject to soil disturbance or the movement of earthen fill, and the
immediate stabilization of all disturbed areas. Additionally, the project shall
remain in full compliance with all aspects of the Sedimentation Pollution Control
Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). Adequate
sedimentation and erosion control measures shall be implemented prior to any
ground disturbing activities to minimize impacts to downstream aquatic
resources. These measures shall be inspected and maintained regularly,
especially following rainfall events. All fill material shall be adequately stabilized
at the earliest practicable date to prevent sediment from entering into adjacent
waters or wetlands.
L. Clean Fill: The Permittee shall use only clean fill material for this project. The fill
material shall be free of items such as trash, construction debris, metal and plastic
products, and concrete block with exposed metal reinforcement bars. Soils used for fill
shall not be contaminated with any toxic substance in concentrations governed by
Section 307 of the Clean Water Act. Unless otherwise authorized by this permit, all fill
material placed in waters or wetlands shall be generated from an upland source.
M. Water Contamination: All mechanized equipment shall be regularly inspected and
maintained to prevent contamination of waters and wetlands from fuels, lubricants,
hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or
any other hazardous waste, the Permittee shall immediately report it to the N.C. Division
of Water Resources at [phone] or [phone] and provisions of the North
Carolina Oil Pollution and Hazardous Substances Control Act shall be followed.
-3-

N. Prohibitions on Concrete: The Permittee shall take measures necessary to
prevent live or fresh concrete, including bags of uncured concrete, from coming into
contact with any water in or entering into waters of the United States. Water inside
coffer dams or casings that has been in contact with concrete shall only be returned to
waters of the United States when it no longer poses a threat to aquatic organisms
(concrete is set and cured).
O. In order to compensate for impacts associated with this permit, mitigation shall be
provided in accordance with the provisions outlined on the most recent version of the
attached Compensatory Mitigation Responsibility Transfer Form. The requirements of
this form, including any special conditions listed on this form, are hereby incorporated
as special conditions of this permit.
P. A pressure transducer will be installed on the reach of S3 between Brushy Creek
Road and the OL-213 basin outlet pipe which will continuously record water level in the
stream. The transducer will be installed one year prior to the start of construction,
monitoring will continue through two years post -construction of the project. Baseline and
Annual monitoring reports will be submitted to the Corps that include a graph of water
level and precipitation data. Depending on the results of the monitoring reports,
monitoring may be required to continue or potential permit modification/mitigation if
adverse indirect effects are determined.
M

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Jurisdictional Waters of the US
Total Project Area 56.9 AC _
Streams 957 LF
Wetlands 0.328AC
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�, Wetland Impact 3
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We ( NC DMS) 0.274AC
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32 Cls,1- sneer Figme 5
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Sibelco - 011is Waste Area Expansion
Jurisdictional Waters of the US
Total Project Area 56.3 AC
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Streams 957 LF /
Wetlands 0.328 AC I
Open Water OAC
Jurisidictional Impacts
Streams 779 LF
Wetlands 0.328 AC
Open Water OAC
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Streams 178 LF
Wetlands 0.000 AC
Open Water OAC �\
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Streams (NC DIMS) 779 LF
Wetlands (NC DIMS) 0.328 AC O
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32 clayr® sheer Figure 5 A
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DocuSign Envelope ID: 2406B7F3-OBF8-406D-8F83-B4582A62EDOD
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
September 21, 2021
DWR # 20201025 Ver 2
Avery County
Sibelco North America, Inc.
Attn: Mr. Jeffrey Ferguson
136 Crystal Drive
Spruce Pine, NC 28777
Delivered via email to: Jeff. [e-mail]
Subject: Approval of Individual 401 Water Quality Certification
Sibelco — 011is Waste Area Expansion
USACE Action ID 2019-01042
Dear Mr. Ferguson:
Attached hereto is a copy of Certification No. WQC004451 issued to Mr. Jeffrey Ferguson and Sibelco
North America, Inc., dated September 21, 2021. This approval is for the purpose and design described in
your application. The plans and specifications for this project are incorporated by reference as part of this
Water Quality Certification. If you change your project, you must notify the Division and you may be
required to submit a new application package with the appropriate fee. If the property is sold, the new
owner must be given a copy of this Certification and is responsible for complying with all conditions. [15A
NCAC 02H .0507(d)(2)].
This Water Quality Certification does not relieve the permittee of the responsibility to obtain all other
required Federal, State, or Local approvals before proceeding with the project, including those required
by, but not limited to, Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and
Trout Buffer regulations.
This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any
lands or waters, or any right of use in any waters. This Water Quality Certification does not authorize
any person to interfere with the riparian rights, littoral rights, or water use rights of any other person
and does not create any prescriptive right or any right of priority regarding any usage of water. This
Water Quality Certification shall not be interposed as a defense in any action respecting the
determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed
by virtue of this Water Quality Certification to possess any prescriptive or other right of priority with
respect to any other consumptive user regardless of the quantity of the withdrawal or the date on which
the withdrawal was initiated or expanded.
North Carolina Department of Environmental Quality I Division of Water Resources
_ 512 North Salisbury Street 1 1650 Mail Service Center I Raleigh, North Carolina 27699-1650
NORTn CAROUNA
919.707.9000

DocuSign Envelope ID: 2406B7F3-OBF8-406D-8F83-B4582A62EDOD
Sibelco North America, Inc.
DWR# 20201025
Individual Certification #WQC004451
Page 2 of 12
Upon the presentation of proper credentials, the Division may inspect the property.
This Water Quality Certification shall expire on the same day as the expiration date of the corresponding
Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the
expiration date of this Water Quality Certification.
Non-compliance with or violation of the conditions herein set forth may result in revocation of this
Water Quality Certification for the project and may also result in criminal and/or civil penalties.
If you are unable to comply with any of the conditions of this Water Quality Certification you must notify
the Asheville Regional Office within 24 hours (or the next business day if a weekend or holiday) from the
time the permittee becomes aware of the circumstances.
The permittee shall report to the Asheville Regional Office any noncompliance with, and/or any violation
of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to
streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a
weekend or holiday) from the time the permittee became aware of the non-compliance circumstances.
This approval and its conditions are final and binding unless contested [G.S. 143-215.5].
This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by
filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative
Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter
150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code.
Additional information regarding requirements for filing a Petition and Petition forms may be accessed at
http://www.ncoah.com/ or by calling the OAH Clerk's Office at [phone].
One (1) copy of the Petition must also be served to the North Carolina Department of Environmental
Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC
02H .0500. Please contact Sue Homewood at 336-776-9693 or [e-mail] if you have
any questions or concerns.
D_E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1650 Mail Service Center I Raleigh, North Carolina 27699-1650
ucyanmem of e�.vonmemai o�zory 919.707.9000

DocuSign Envelope ID: 2406B7F3-OBF8-406D-8F83-B4582A62EDOD
cc:
Sibelco North America, Inc.
DWR# 20201025
Individual Certification #WQC004451
Page 3 of 12
Sincerely,
DoSigned by :
D I�W9/1BA53EF4E0...
Paul Wojoski, Supervisor
401 & Buffer Permitting Branch
Clement Riddle, ClearWater Environmental Consultants (via email)
Amanda Fuemmeler, USACE Asheville Regulatory Field Office (via email)
Andrea Leslie, NCWRC (via email)
Todd Bowers, EPA, (via email)
DWR 401 & Buffer Permitting Branch Electronic file
Filename: 20201025 Ver 2_Sibelco_OIIisWasteArea_Avery_401 IC.docx
EQ
oepanmmi of �.o-a�me��i o�uy
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1650 Mail Service Center I Raleigh, North Carolina 27699-1650
919.707.9000

DocuSign Envelope ID: 2406B7F3-OBF8-406D-8F83-B4582A62EDOD
Sibelco North America, Inc.
DWR# 20201025
Individual Certification #WQC004451
Page 4 of 12
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION # WQC004451 is issued in conformity with the requirements of Section 401, Public Laws
92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H .0500
and 15A NCAC 02B .0200, to Mr. Jeffrey Ferguson and Sibelco North America, Inc., who have authorization
for the impacts listed below, as described within your application received by the N.C. Division of Water
Resources (Division) on July 5, 2021 and subsequent information on August 12, 2021, and by Public Notice
issued by the Division on July 28, 2021.
The State of North Carolina certifies that this activity will comply with water quality requirements and
the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if
conducted in accordance with the application, the supporting documentation, and conditions
hereinafter set forth.
The following impacts are hereby approved. No other impacts are approved, including incidental
impacts. [15A NCAC 02H .0506(b)]
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Stream
Impact Site S1
197 (linear feet)
0 (linear feet)
Impact Site S2
150 (linear feet)
0 (linear feet)
404/401 Wetlands
Impact Site W1
0.049 (acres)
0 (acres)
Impact Site W2
0.035 (acres)
0 (acres)
Impact Site W3
0.190 (acres)
0 (acres)
This approval requires you to follow the conditions listed in the certification below.
CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
1. Mitigation must be provided for the proposed impacts as specified in the table below. The Division
has received an acceptance letter from the NC Division of Mitigation Services (DMS) to meet this
mitigation requirement. Until the DMS receives and clears your payment, and proof of payment has
been provided to this Office, no impacts specified in this Authorization Certificate shall occur. For
accounting purposes, this Authorization Certificate authorizes payment to the DMS to meet the
following compensatory mitigation requirement.
Compensatory Mitigation Required
River and Sub -basin Number
Perennial Stream
150 (linear feet)
French Broad
06010108
Wetland
0.274 (acres)
French Broad
06010108
Citation: 15A NCAC 02H .0506(c)
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1650 Mail Service Center I Raleigh, North Carolina 27699-1650
ucyanmem of e�.vonmemai o�zory 919.707.9000

DocuSign Envelope ID: 2406B7F3-OBF8-406D-8F83-B4582A62EDOD
Sibelco North America, Inc.
DWR# 20201025
Individual Certification #WQC004451
Page 5 of 12
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. In determining that the proposed activity will
comply with state water quality standards (including designated uses, numeric criteria, narrative
criteria and the state's antidegradation policy), the project must provide for replacement of existing
uses through compensatory mitigation.
2. Stormwater runoff from impervious surfaces throughout the project site shall be addressed in one
or more of the regulated programs: an approved Sediment and Erosion Control Plan, a NPDES
stormwater permit, or an approved Mining Permit.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028 .0200; 15A NCAC
02B .0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils,
deleterious substances, or colored or other wastes: only such amounts as shall not render the waters
injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the
palatability offish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity
in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not
designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters;
for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if
turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall
not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases
shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3)
Materials producing color or odor shall not be present in amounts that may cause adverse impacts
on existing wetland uses
The portion of Stream S3 that has been avoided by direct impacts from the project shall be
monitored between Brushy Creek Rd and the OL-213 basin outlet pipe for surface flow by the
Permittee to establish any loss of hydrologic function/flow and to determine if the streams continue
to provide aquatic life propagation and biological integrity per required in North Carolina
Administrative Code 15A NCAC 2B .0211(1). A pressure transducer shall be installed one year prior
to the start of construction to obtain baseline data and continuous flow measurement shall through
the duration of the project and for one year after removal of the adjacent stormwater basins.
Annual monitoring reports, including a graph of water level and precipitation data will be submitted
to the DWR by December 31 each year of monitoring.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and
maintenance of biological integrity; wildlife; secondary contact recreation; agriculture); and that
activities must not cause water pollution that precludes any best use on a short-term or long-term
basis.
4. The permittee shall report to the DWR Asheville Regional Office any noncompliance with, and/or any
violation of, stream or wetland standards [15A NCAC 02B .0200], including but not limited to sediment
impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next
D E Q�North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1650 Mail Service Center I Raleigh, North Carolina 27699-1650
NQ- P+T C NAG NA
�.o-�me��in�ury 919.707.9000

DocuSign Envelope ID: 2406B7F3-OBF8-406D-8F83-B4582A62EDOD
Sibelco North America, Inc.
DWR# 20201025
Individual Certification #WQC004451
Page 6 of 12
business day if a weekend or holiday) from the time the permittee became aware of the non-
compliance circumstances.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Timely reporting of non-compliance is important in identifying and minimizing
detrimental impacts to water quality and avoiding impacts due to water pollution that precludes any
best use on a short-term or long-term basis.
5. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint of
the approved impacts (including temporary impacts).
Citation: 15A NCAC 02H .0506; 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and
maintenance of biological integrity; wildlife; secondary contact recreation; agriculture); and that
activities must not cause water pollution that precludes any best use on a short-term or long-term
basis.
6. When applicable, all construction activities shall be performed and maintained in full compliance
with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973).
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCACO28 .0200; 15A NCAC
02B .0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils,
deleterious substances, or colored or other wastes: only such amounts as shall not render the waters
injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the
palatability offish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity
in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not
designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters;
for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if
turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall
not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases
shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3)
Materials producing color or odorshall not be present in amounts that may cause adverse impacts
on existing wetland uses.
7. Sediment and erosion control measures shall not be installed in wetland or waters except within the
footprint of temporary or permanent impacts otherwise authorized by this Certification. If placed
within authorized impact areas, then placement of such measures shall not be conducted in a
manner that results in dis-equilibrium of any wetlands, streambeds, or streambanks. Any silt fence
installed within wetlands shall be removed from wetlands and the natural grade restored within two
(2) months of the date that DEMLR or locally delegated program has released the specific area
within the project to ensure wetland standards are maintained upon completion of the project.
D E Q�North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1650 Mail Service Center I Raleigh, North Carolina 27699-1650
NQ- P+T C NAG NA
�.o-�me��in�ury 919.707.9000

DocuSign Envelope ID: 2406B7F3-OBF8-406D-8F83-B4582A62EDOD
Sibelco North America, Inc.
DWR# 20201025
Individual Certification #WQC004451
Page 7 of 12
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028 .0200; 15A NCAC 02B
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils,
deleterious substances, or colored or other wastes: only such amounts as shall not render the waters
injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the
palatability offish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity
in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not
designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters;
for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if
turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall
not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases
shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3)
Materials producing color or odorshall not be present in amounts that may cause adverse impacts
on existing wetland uses.
8. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along
streambanks or within wetlands.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses (including
aquatic life propagation and biological integrity), and the water quality to protect such uses, are
protected. Protections are necessary to ensure any remaining surface waters or wetlands, and any
surface waters or wetlands downstream, continue to support existing uses during and after project
completion. The Division must evaluate if the activity has avoided and minimized impacts to waters,
would cause or contribute to a violation of standards, or would result in secondary or cumulative
impacts.
9. If the project is covered by NPDES Construction Stormwater Permit Number NCGO10000 or NPDES
Construction Stormwater Permit Number NCG250000, full compliance with permit conditions
including the erosion & sedimentation control plan, inspections and maintenance, self -monitoring,
record keeping and reporting requirements is required.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028 .0200; 15A NCAC
02B .0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils,
deleterious substances, or colored or other wastes: only such amounts as shall not render the waters
injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the
palatability offish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity
in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not
designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters;
for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if
turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall
D E Q�North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1650 Mail Service Center I Raleigh, North Carolina 27699-1650
NQ- P+T C NAG NA
�.o-�me��in�ury 919.707.9000

DocuSign Envelope ID: 2406B7F3-OBF8-406D-8F83-B4582A62EDOD
Sibelco North America, Inc.
DWR# 20201025
Individual Certification #WQC004451
Page 8 of 12
not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases
shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3)
Materials producing color or odorshall not be present in amounts that may cause adverse impacts
on existing wetland uses.
10. All work in or adjacent to streams shall be conducted so that the flowing stream does not come in
contact with the disturbed area. Approved best management practices from the most current
version of the NCSediment and Erosion Control Manual, or the NC Department of Transportation
Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and
other diversion structures shall be used to minimize excavation in flowing water.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028 .0200
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule, and that activities must not cause water pollution that precludes any
best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious
substances, or colored or other wastes: only such amounts as shall not render the waters injurious to
public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability
offish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity in the
receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated
as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters; for lakes and
reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds
these levels due to natural background conditions, the existing turbidity level shall not be increased.
11. Culverts shall be designed and installed in such a manner that the original stream profiles are not
altered and allow for aquatic life movement during low flows. The dimension, pattern, and profile
of the stream above and below a pipe or culvert shall not be modified by widening the stream
channel or by reducing the depth of the stream in connection with the construction activity. The
width, height, and gradient of a proposed culvert shall be such as to pass the average historical low
flow and spring flow without adversely altering flow velocity. If the width of the culvert is wider than
the stream channel, the culvert shall include multiple boxes/pipes, baffles, benches and/or sills to
maintain the natural width of the stream channel. If multiple culverts/pipes/barrels are used, low
flows shall be accommodated in one culvert/pipe and additional culverts/pipes shall be installed
such that they receive only flows above bankfull.
Placement of culverts and other structures in streams shall be below the elevation of the streambed
by one foot for all culverts with a diameter greater than 48 inches, and 20% of the culvert diameter
for culverts having a diameter less than or equal to 48 inches, to allow low flow passage of water
and aquatic life. If the culvert outlet is submerged within a pool or scour hole and designed to
provide for aquatic passage, then culvert burial into the streambed is not required.
For structures less than 72" in diameter/width, and topographic constraints indicate culvert slopes
of greater than 2.5% culvert burial is not required, provided that all alternative options for flattening
the slope have been investigated and aquatic life movement/connectivity has been provided when
possible (e.g. rock ladders, cross -vanes, sills, baffles etc.). Notification, including supporting
documentation to include a location map of the culvert, culvert profile drawings, and slope
calculations, shall be provided to DWR 30 calendar days prior to the installation of the culvert.
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1650 Mail Service Center I Raleigh, North Carolina 27699-1650
h49 �T�
D—o—ln1B.o-­919.707.9000

DocuSign Envelope ID: 2406B7F3-OBF8-406D-8F83-B4582A62EDOD
Sibelco North America, Inc.
DWR# 20201025
Individual Certification #WQC004451
Page 9 of 12
When bedrock is present in culvert locations, culvert burial is not required, provided that there is
sufficient documentation of the presence of bedrock. Notification, including supporting
documentation such as a location map of the culvert, geotechnical reports, photographs, etc. shall
be provided to DWR a minimum of 30 calendar days prior to the installation of the culvert. If
bedrock is discovered during construction, then DWR shall be notified by phone or email within 24
hours of discovery.
Installation of culverts in wetlands shall ensure continuity of water movement and be designed to
adequately accommodate high water or flood conditions. When roadways, causeways, or other fill
projects are constructed across FEMA-designated floodways or wetlands, openings such as culverts
or bridges shall be provided to maintain the natural hydrology of the system as well as prevent
constriction of the floodway that may result in destabilization of streams or wetlands.
The establishment of native woody vegetation and other soft stream bank stabilization techniques
shall be used where practicable instead of rip -rap or other bank hardening methods.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule, and that activities must not cause water pollution that precludes
any best use on a short-term or long-term basis. Ensuring that structures are installed properly in
waters will ensure that surface water quality standards are met and conditions of waters are
suitable for all best uses.
12. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas
and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal,
State and Local regulations. Fertilizer application shall be accomplished in a manner that minimizes
the risk of contact between the fertilizer and surface waters.
Citation: 15A 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCAC 028 .0200, 15A NCAC 028 .0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils,
deleterious substances, or colored or other wastes: only such amounts as shall not render the waters
injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the
palatability offish, aesthetic quality, or impair the waters for any designated uses. As cited in
Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in
amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing
color or odor shall not be present in amounts that may cause adverse impacts on existing wetland
uses.
13. If concrete is used during construction, then all necessary measures shall be taken to prevent direct
contact between uncured or curing concrete and waters of the state. Water that inadvertently
contacts uncured concrete shall not be discharged to waters of the state.
Citation: 15A 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028 .0200; 15A NCAC 028 .0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
D EQ �� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1650 Mail Service Center I Raleigh, North Carolina 27699-1650
tioeno�aCrNa �
�.o-�me��in�ury 919.707.9000

DocuSign Envelope ID: 2406B7F3-OBF8-406D-8F83-B4582A62EDOD
Sibelco North America, Inc.
DWR# 20201025
Individual Certification #WQC004451
Page 10 of 12
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils,
deleterious substances, or colored or other wastes: only such amounts as shall not render the waters
injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the
palatability offish, aesthetic quality, or impair the waters for any designated uses. As cited in
Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in
amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing
color or odor shall not be present in amounts that may cause adverse impacts on existing wetland
uses.
14. Any rip -rap required for proper culvert placement, stream stabilization, or restoration of temporarily
disturbed areas shall be restricted to the area directly impacted by the approved construction
activity. All rip -rap shall be placed such that the original streambed elevation and streambank
contours are restored and maintained and shall consist of clean rock or masonry material free of
debris or toxic pollutants. Placement of rip -rap or other approved materials shall not result in de-
stabilization of the stream bed or banks upstream or downstream of the area or be installed in a
manner that precludes aquatic life passage.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule, and that activities must not cause water pollution that precludes any
best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided
and minimized impacts to waters, would cause or contribute to a violation of standards, or would
result in secondary or cumulative impacts.
15. Any rip -rap used for stream or shoreline stabilization shall be of a size and density to prevent
movement by wave, current action, or stream flows, and shall consist of clean rock or masonry
material free of debris or toxic pollutants. Rip -rap shall not be installed in the streambed except in
specific areas required for velocity control and to ensure structural integrity of bank stabilization
measures.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028 .0201
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule, and that activities must not cause water pollution that precludes any
best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided
and minimized impacts to waters, would cause or contribute to a violation of standards, or would
result in secondary or cumulative impacts.
16. All mechanized equipment operated near surface waters shall be inspected and maintained
regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other
toxic materials. Construction shall be staged in order to minimize the exposure of equipment to
surface waters to the maximum extent practicable. Fueling, lubrication, and general equipment
maintenance shall be performed in a manner to prevent, to the maximum extent practicable,
contamination of surface waters by fuels and oils.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028 .0200; 15A NCAC 02B
.0231
D E Q�North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1650 Mail Service Center I Raleigh, North Carolina 27699-1650
NQ- P+T C NAG NA
�.o-�me��in�ury 919.707.9000

DocuSign Envelope ID: 2406B7F3-OBF8-406D-8F83-B4582A62EDOD
Sibelco North America, Inc.
DWR# 20201025
Individual Certification #WQC004451
Page 11 of 12
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils,
deleterious substances, or colored or other wastes: only such amounts as shall not render the waters
injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the
palatability offish, aesthetic quality, or impair the waters for any designated uses. As cited in
Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in
amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing
color or odor shall not be present in amounts that may cause adverse impacts on existing wetland
uses.
17. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to
minimize soil disturbance and compaction.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028 .0231
Justification: Wetland standards require maintenance or enhancement of existing uses of wetlands
such that hydrologic conditions necessary to support natural biological and physical characteristics
are protected; populations of wetland flora and fauna are maintained to protect biological integrity
of the wetland; and materials or substances are not present in amounts that may cause adverse
impact on existing wetland uses.
18. In accordance with 143-215.85(b), the permittee shall report any petroleum spill of 25 gallons or
more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill
regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less than
25 gallons that cannot be cleaned up within 24 hours.
Citation: 15A NCAC 02H .0507(c), N.C.G.S 143-215.85(b)
Justification: Person(s) owning or having control over oil or other substances upon notice of
discharge must immediately notify the Department, or any of its agents or employees, of the nature,
location, and time of the discharge and of the measures which are being taken or are proposed to be
taken to contain and remove the discharge. This action is required in order to contain or divert the
substances to prevent entry into the surface waters. Surface water quality standards require that
conditions of waters be suitable for all best uses provided for in state rule (including, at minimum:
aquatic life propagation, survival, and maintenance of biological integrity; wildlife; secondary
contact recreation; agriculture); and that activities must not cause water pollution that precludes
any best use on a short-term or long-term basis.
19. The permittee and their authorized agents shall conduct all activities in a manner consistent with
State water quality standards (including any requirements resulting from compliance with §303(d)
of the Clean Water Act), and any other appropriate requirements of State and Federal Law.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule, and that activities must not cause water pollution that precludes any
best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided
and minimized impacts to waters, would cause or contribute to a violation of standards, or would
result in secondary or cumulative impacts.
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1650 Mail Service Center I Raleigh, North Carolina 27699-1650
h49 �T�
D—o—ln1B.o-­919.707.9000

DocuSign Envelope ID: 2406B7F3-OBF8-406D-8F83-B4582A62EDOD
Sibelco North America, Inc.
DWR# 20201025
Individual Certification #WQC004451
Page 12 of 12
20. The permittee shall require its contractors and/or agents to comply with the terms and conditions of
this permit in the construction and maintenance of this project, and shall provide each of its
contractors and/or agents associated with the construction or maintenance of this project with a
copy of this Water Quality Certification. A copy of this Water Quality Certification shall be available
at the project site during the construction and maintenance of this project.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Those actually performing the work should be aware of the requirements of this 401
Water Quality Certification to minimize water quality impacts.
This approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in
your application shall expire upon expiration of the 404 or CAMA Permit. The conditions in effect on the
date of issuance shall remain in effect for the life of the project, regardless of the expiration date of this
Certification. [15A NCAC 02H .0507(c)]
This, the 215T day of September 2021
E
DocuS®ignn�e/d by:
AK4G N 10
949D91 BA53EF4EO...
Paul Wojoski, Supervisor
401 & Buffer Permitting Branch
PAW/SLH
W QC004451
D E Q�North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1650 Mail Service Center I Raleigh, North Carolina 27699-1650
NQ- P+T C NAG NA
�.o-�me��in�ury 919.707.9000

U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Compensatory Mitigation Responsibility Transfer Form
Permittee: Sibelco North America, Inc.
Project Name: 011is Waste Area
Action ID: 2019-01042
County: Avery
Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the
transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure
that Wilmington District Project Manager identified on page two is in receipt of a signed copy of this form before conducting
authorized impacts, unless otherwise specified below. If more than one Mitigation Sponsor will be used to provide the
mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one 8-digit Hydrologic
Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/or HUC must
be provided to the appropriate Mitigation Sponsors.
Instructions to Sponsor: The Sponsor verifies that the mitigation requirements (credits) shown below have been released
and are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified
mitigation, regardless of whether they have received payment from the Permittee. Once the form is signed, the Sponsor
must update the bank ledger and provide a copy of the signed form and the updated ledger to the Permittee, the Project
Manager who issued the permit, the Bank Project Manager, and the District Mitigation Office (see contact information on
page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements
Permitted Impacts Requiring Mitigation: 8-digit HUC and Basin: 06010108, French Broad River Basin
Stream Impacts (linear feet)
Wetland Impacts (acres)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
347
0.274
*If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor.
Compensatory Mitigation Requirements: 8-digit HUC and Basin: 06010108, French Broad River Basin
Stream Mitigation (credits)
Wetland Mitigation (credits)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
497
0.323
Mitigation Site Debited:
(List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS
acceptance letter identifies a specific site, also list the specific site to be debited).
Section to be completed by the Mitigation Sponsor
Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation
transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for
providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action
ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the Wilmington
District, are currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide
the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation requirements.
Mitigation Sponsor Name:
Name of Sponsor's Authorized Representative:
Signature of Sponsor's Authorized Representative Date of Signature
Page 1 of 2 Form Date July 7, 2020

USACE Wilmington District
Compensatory Mitigation Responsibility Transfer Form, Page 2
Conditions for Transfer of Compensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and the District is in receipt of the signed form, the
Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains
responsible for any other mitigation requirements stated in the permit conditions.
• Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after
the District is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted
responsibility for providing the mitigation requirements listed herein. When NCDMS provides mitigation for authorized
impacts conducted by the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas
may proceed upon permit issuance; however, a copy of this form signed by NCDMS must be provided to the District
within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the District has received this
form, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein.
• Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative
records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the District
Project Manager (address below) is provided with a signed copy of this form.
• If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to
the District, the Sponsor must obtain case -by -case approval from the District Project Manager and/or North Carolina
Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance
and a new version of this form must be completed and included in the District administrative records for both the permit
and the Bank/ILF Instrument.
Comments/Additional Conditions:
This form is not valid unless signed below by the District Project Manager and by the Mitigation Sponsor on Page 1. Once
signed, the Sponsor should provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2) the
District Project Manager at the address below, 3) the Bank Manager listed in RIBITS, and 4) the Wilmington District
Mitigation Office, 3331 Heritage Trade Drive, Suite 105, Wake Forest, NC 27587 (or by email to SAWMIT@usace. army.mil).
Questions regarding this form or any of the permit conditions may be directed to the District Mitigation Office.
USACE Project Manager: Amanda Jones Fuemmeler
USACE Field Office: Asheville Regulatory Field Office
US Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
Email: [e-mail]
October 25. 2021
Wilmingto"istrict Project Manager Signature Date of Signature
Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and
mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is
available at http://ribits.usace.army.mil.
Page 2 of 2