20241242 Ver 1_KM 401 WQC Request_20240912_20240912

Albemarle US, Inc.
4250 Congress Street, Suite 900
Charlotte, North Carolina 28209
980-299-5700
www.albemarle.com

September 12, 2024

Sue Homewood By Electronic Mail: [e-mail]
401 & Buffer Permitting Branch
Division of Water Resources

Subject: Request for Section 401 Individual Water Quality Certification
Kings Mountain Lithium Mine Project
Kings Mountain, Cleveland County, North Carolina

Dear Sue Homewood:

On behalf of Albemarle U.S., Inc. (Albemarle), SWCA Environmental Consultants (SWCA) is submitting an
individual water quality certification request for the above-referenced project in Cleveland County,
North Carolina. To assist with your review of the electronic Pre-Construction Notification Form
application, we have enclosed the following revised documents:

• An Agent Authorization Letter
• A Supplemental Permit Support Document

Please contact Charlie Benton at [e-mail] with any questions regarding the enclosed
information.

Sincerely,
SWCA Environmental Consultants

Charlie Benton, Sr. Natural Resources Manager

cc:
Trevor Chesal, Albemarle
John Kuhn, Albemarle

Application for Section 401 Individual Water Quality Certification
Supplemental Permit Support Document
Kings Mountain Lithium Mine Project

September 12, 2024
Document No.: KM60-EN-RP-9433
Revision: v3

Application for Section 404 Individual Permit for the Kings Mountain Lithium Mine Project
Revision Record
Revision Date
V1 7/30/24
V2 8/20/2024
V3 9/10/2024
Approval Record
SWCA Prepared By:
SWCA Approved By:
Description
100% draft for review
Revised 100% draft for review
Final draft for agency submittal
Name Title Signature Date
Charlie Benton Sr. Natural
Resources
Team Lead
Andrew Harley Project
Manager
Albem arle Approved By: John Kuhn Mine
Environmental
Permitting Lead
Revision Narrative
N/A
Disclaimer
9 )2. Z'-j
This document is a working document. This document may change over time because of new
information, or further analysis, or de liberation.
© Albemarle Corporation All rights reserved. I Printed copies should be used with caution The user of this document must ensure the current
approved version of this document is being used.
Doc No.: KM60-EN-RP-9072 Revision: v3
Application for Section 401 Individual Water Quality Certification for the Kings Mountain Lithium Mine Project
Doc No.: KM60-EN-RP-9433 ii Revision: v3
Acronyms and Abbreviations
Acronym Definition
AJD Approved Jurisdictional Determination
Albemarle Albemarle U.S., Inc.
amsl above mean sea level
APE area of potential effects
BMP best management practice
CAP Community Advisory Panel
CGP Construction General Permit
CMP corrugated metal pipe
CWA Clean Water Act
CWMP contact water management pond
CY cubic yard
dbh diameter at breast height
DEMLR North Carolina Department of Environmental Quality, Division of
Energy, Mineral, and Land Resources
DMS dense media separation
DOD Department of Defense
DOE U.S. Department of Energy
EA Environmental Assessment
ESIA Environmental and Social Impact Assessment
EV electric vehicle
FEMA Federal Emergency Management Agency
ft feet
gpm gallons per minute
HDPE high-density polyethylene
HUC Hydrologic Unit Code
I-85 Interstate 85
IDF inflow design flood
IPaC Information for Planning and Consultation
Kings Mountain Facility lithium compound and metal production facility
KMM Kings Mountain Mine
kV kilovolt
legacy mine legacy Kings Mountain Mine
Application for Section 401 Individual Water Quality Certification for the Kings Mountain Lithium Mine Project
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Acronym Definition
LOM life of the mine
MSHA Mine Safety and Health Administration
NAG non-acid generating
NC SHPO North Carolina State Historic Preservation Office
NCDEQ North Carolina Department of Environmental Quality
NCDLR North Carolina Division of Land Resources
NCDMS North Carolina Division of Mitigation Services
NCSAM North Carolina Stream Assessment Method
NCWAM North Carolina Wetland Assessment Method
NCWRC North Carolina Wildlife Resources Commission
NEPA National Environmental Policy Act
NGO Non-governmental Organization
NHD National Hydrography Dataset
NHPA National Historic Preservation Act
NPDES National Pollutant Discharge Elimination System
NPI non-process infrastructure
NRHP National Register of Historic Places
NWI National Wetland Inventory
OSA North Carolina Office of State Archaeology
OSF overburden storage facility
PAG potentially acid generating
PEM Palustrine Emergent
PFO Palustrine Forested
PJD Preliminary Jurisdictional Determination
PRM Permittee Responsible Mitigation
Project Kings Mountain Lithium Mine Project
PSS Palustrine Shrub-Scrub
PUB Palustrine Unconsolidated Bottom
ROM run of mine
RSF rock storage facility
SPCCP Spill Prevention, Control, and Countermeasure Plan
SWCA SWCA Environmental Consultants
SWPPP Storm Water Pollution Prevention Plan
Application for Section 401 Individual Water Quality Certification for the Kings Mountain Lithium Mine Project
Doc No.: KM60-EN-RP-9433 iv Revision: v3
Acronym Definition
TSB Tin-Spodumene Belt
TSF tailings storage facility
USACE U.S. Army Corps of Engineers
USDA U.S. Department of Agriculture
USFWS U.S. Fish and Wildlife Service
WOTUS waters of the United States
WSB water storage basin
WTP water treatment plant

Application for Section 401 Individual Water Quality Certification for the Kings Mountain Lithium Mine Project
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TABLE OF CONTENTS
Revision Record ....................................................................................................................... i
Approval Record ...................................................................................................................... i
Revision Narrative .................................................................................................................... i
Disclaimer i
Acronyms and Abbreviations .................................................................................................. ii
1 INTRODUCTION ..................................................................................................................... 1
2 LANDOWNER INFORMATION (PCN SECTION B.2) ........................................................... 1
3 PROJECT INFORMATION AND PRIOR PROJECT HISTORY (PCN SECTION C) ............. 2
3.1 Existing Conditions (PCN Section C4A) .............................................................. 2
3.1.1 Location............................................................................................................... 2
3.1.2 Mine History ........................................................................................................ 2
3.1.3 Current Conditions .............................................................................................. 3
3.2 Approved and Pending Permits (PCN Section C4C) .......................................... 8
3.3 List the Total Estimated Acreage of all Existing Wetlands on the Property (PCN
Section C4F) ...................................................................................................... 9
3.3.1 Kings Mountain Mine Site ................................................................................. 10
3.3.2 Archdale TSF Site ............................................................................................. 10
3.4 List the Total Estimated Linear Feet of all Existing Streams on the Property
(PCN Section C4G) .......................................................................................... 16
3.4.1 Kings Mountain Mine Site ................................................................................. 16
3.4.2 Archdale TSF Site ............................................................................................. 21
3.5 Purpose of the Project (PCN Section C4H) ...................................................... 21
3.6 Overall Project Description, Impacts, and Equipment to be Used (PCN Section
C4I) .................................................................................................................. 22
3.6.1 Proposed Activity Overview .............................................................................. 22
3.6.2 Kings Mountain Mine Site ................................................................................. 23
3.6.3 Archdale TSF Site ............................................................................................. 30
3.7 Jurisdictional Determination (PCN Section C5) ................................................ 32
3.7.1 Kings Mountain Mine Site ................................................................................. 32
3.7.2 Archdale TSF Site ............................................................................................. 32
3.8 Addresses of Adjoining Property Owners (PCN Section C7) ............................ 32
3.9 Scheduling of Activity (PCN Section C8) .......................................................... 32
4 PROPOSED IMPACTS SUMMARY (PCN SECTION D) ..................................................... 33
4.1 Direct Impacts Summary (PCN Section D1) ..................................................... 33
4.1.1 Impact Area 1: Northern Non-Process Infrastructure ........................................ 33
4.1.2 Impact Area 2: South Creek Road Crossing ..................................................... 34
4.1.3 Impact Area 3: Overburden Storage Facility 1 .................................................. 34
4.1.4 Impact Area 4: Rock Storage Facility A ............................................................ 34
4.1.5 Impact Area 5: Kings Creek Haul Road ............................................................ 35
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4.1.6 Impact Area 6: Run of Mine (ROM) Pad ........................................................... 35
4.1.7 Impact Area 7: Water Storage Basin 1 Dam Improvement ............................... 35
4.1.8 Impact Area 8: Water Storage Basin 1 Inundation ............................................ 37
4.1.9 Impact Area 9: Concentrator Facilities .............................................................. 37
4.1.10 Impact Area 10: Mine Pit Expansion ................................................................. 37
4.2 Wetland Impacts (PCN Section D2) .................................................................. 37
4.3 Stream Impacts (PCN Section D2) ................................................................... 37
4.4 Open Water Impacts (PCN Section D3) ............................................................ 37
4.5 Indirect Impacts ................................................................................................. 40
4.6 Cumulative Impacts ........................................................................................... 40
5 IMPACT JUSTIFICATION AND MITIGATION (PCN SECTION E) ...................................... 40
5.1 Description of Avoidance and Minimization Measures Incorporated in the
Project Design (PCN Section E1A) .................................................................. 40
5.1.1 Alternative Analysis ........................................................................................... 40
5.1.2 Alternative Site Selection Screening Criteria .................................................... 41
5.1.3 Site Alternatives Evaluation .............................................................................. 42
5.1.4 On-Site Alternative Analysis .............................................................................. 46
5.2 Design Plan Avoidance and Minimization Measures Through Construction
Techniques (PCN SECTION E1B) ................................................................... 47
5.3 Determination of LEDPA ................................................................................... 48
6 COMPENSATORY MITIGATION (PCN SECTION E2) ........................................................ 48
7 ENDANGERED SPECIES AND DESIGNATED CRITICAL HABITAT (PCN
SECTION G5) ....................................................................................................................... 49
7.1 Federally Listed Species ................................................................................... 49
7.2 State Listed Species ......................................................................................... 50
8 CULTURAL RESOURCES (PCN SECTION G7) ................................................................. 50
8.1 Historic Architecture .......................................................................................... 51
8.2 Archaeology ...................................................................................................... 51
9 Public Outreach (PCN Section H) ...................................................................................... 52

List of Tables
Table 1: List of Approved and Pending Permits for the Kings Mountain Mine Site ....................... 9
Table 2: List of Approved and Pending Permits for the Archdale TSF Site .................................. 9
Table 3: Wetlands and Waterbodies Identified during Field Survey for the Kings Mountain Mine
Site .............................................................................................................................................. 11
Table 4: Wetlands and Waterbodies Identified during Field Survey for the Archdale TSF Site .. 15
Table 5: Streams Identified during Field Survey for the Kings Mountain Mine Site .................... 17
Table 6: Stream Segment Acreage for the Kings Mountain Mine Site ........................................ 20
Table 7: Annual Mine Production Schedule ................................................................................ 28
Table 8: Mining Sequence Time Periods and General Activities ................................................ 32
Table 9: WSB-1 Parameters and Elevations .............................................................................. 36
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Table 10: Summary of Proposed Wetland Impacts .................................................................... 38
Table 11: Summary of Proposed Stream Impacts ...................................................................... 39
Table 12: Summary of Proposed Open Water Impacts .............................................................. 39
Table 13: Aquatic Resources Impacts as a Percentage of Resource (Site and Basin) .............. 40
Table 13: Alternative Site Screening Summary .......................................................................... 45
Table 14: On-Site Alternatives Summary of WOTUS Impacts .................................................... 47
Table 15: Compensatory Mitigation Impact Analysis .................................................................. 49
Table 16: Summary of Required Credits ..................................................................................... 49
Table 17: USFWS Federally Listed Species with Potential to Occur within the Project Area ..... 49

List of Figures
Figure 1 Location Map
Figure 2 Aerial Map (Existing Conditions)
Figure 3 Kings Mountain Mine Site Permitted Mine Areas
Figure 4 Moss Neisler Mine Permitted Mine Areas
Figure 5 Kings Mountain Mine Site Topographic Contour Map
Figure 6 Kings Mountain Mine Site FEMA Flood Zone Map
Figure 7 Kings Mountain Mine Site Soils Map
Figure 8 Kings Mountain Mine Site Vegetation Communities Map
Figure 9 Kings Mountain USACE Wetland and Stream Delineation
Figure 10 Stream Network Map
Figure 11 Kings Mountain Mine Site Isolated Waterbodies
Figure 12 Archdale TSF Site Topographic Contour Map
Figure 13 Archdale TSF Site FEMA Flood Zone Map
Figure 14 Archdale TSF Site Soils Map
Figure 15 Archdale TSF Site Vegetation Communities Map
Figure 16 Archdale TSF Site Wetland Delineation
Figure 17 Archdale TSF Site Aquatic Features
Figure 18 Watershed Overview
Figure 19 Kings Mountain Mine Site Mine Site Plan
Figure 20 Archdale TSF Site Plan
Figure 21 Kings Mountain Mine Site Simplified Operations Material Flow
Figure 22 Kings Mountain Mine Site Simplified Operations Water Balance
Figure 23 WOTUS Impact Areas Overview
Figure 24 WOTUS Impact Area 1
Figure 25 WOTUS Impact Areas 2 and 3
Figure 26 WOTUS Impact Area 4
Figure 27 WOTUS Impact Areas 5 and 6
Figure 28 WOTUS Impact Areas 7, 8, and 9
Figure 29 WOTUS Impact Areas 8 and 9
Figure 30 WOTUS Impact Area 10 (NCDEQ jurisdiction only)
Figure 31 South Creek Road Crossing Plan View
Figure 32 Kings Creek Haul Road Crossing Detail
Figure 33 Impact Area #5 Kings Creek Haul Road Crossing Cross-Section
Figure 34 Site Alternative Locations
Figure 35 On-site Alternative 1

Application for Section 401 Individual Water Quality Certification for the Kings Mountain Lithium Mine Project
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Appendices
Appendix A: Maps and Figures
Appendix A-1: Detailed WOTUS Impact Maps (1:200 Scale)
Appendix B-1: Tax Parcel ID Map and List of Property Owners-Kings Mountain Site
Appendix B-2: Tax Parcel ID Map and List of Property Owners-Archdale Site
Appendix C: Kings Mountain Mine Site Aerial Imagery Showing Historic Mining (1950-2020)
Appendix D: Archdale TSF Site Aerial Imagery Showing Historic Mining (1984-2020)
Appendix E: Kings Mountain Mine Site Wetland and Waterbody Delineation Report
Appendix F: Archdale TSF Site Wetland and Waterbody Delineation Report
Appendix G: Kings Mountain Mine Site AJD SAW-2018-00616
Appendix H: Archdale TSF Site AJD SAW-2019-01131
Appendix I: List of Adjoining Property Owners
Appendix J: NCDMS Acceptance Letter
Appendix K: SHPO Consultation
Appendix L: Public Outreach

Application for Section 401 Individual Water Quality Certification for the Kings Mountain Lithium Mine Project
Doc No.: KM60-EN-RP-9433 1 Revision: v3
1 INTRODUCTION 1
The Applicant, Albemarle U.S., Inc. (Albemarle), headquartered in Charlotte, North Carolina, is a 2
leading global producer of lithium-based chemicals. Albemarle currently operates a lithium 3
compound and metal production facility (Kings Mountain Facility) at the site of the legacy Kings 4
Mountain Mine (KMM) (legacy mine) located in the city of Kings Mountain in Cleveland County, 5
North Carolina (Figures 1 and 2, Appendix A). To meet the current and expected demand for 6
lithium products, Albemarle intends to reopen the legacy mine and construct facilities to produce 7
spodumene concentrate from the spodumene resource to be mined from the existing, inactive, 8
open pit. Non-ore-bearing rock generated during mining and processing operations will be 9
managed onsite (or transferred off-site), while tailings generated during processing will be 10
transported to an approved offsite tailings storage facility (TSF). As such, the proposed Kings 11
Mountain Lithium Mine Project is the Kings Mountain Lithium Mine Site with the Archdale TSF 12
Site, and Partnership with Martin Marietta Materials to Utilize the Aggregate Byproduct (Project). 13
The alternative analysis provided in Section 5 details how the proposed Project was selected and 14
determined to be the Least Environmentally Damaging Practicable Alternative (LEDPA). 15
Because the proposed Project will impact jurisdictional wetlands and streams, Albemarle is 16
requesting 401 Individual Water Quality Certification in support of the Section 404 Individual 17
Permit with the U.S. Army Corps of Engineers (USACE). 18
This document provides supplemental information to the Electronic Pre-construction Notification 19
Form (E-PCN), version 4.3 (12/04/2023). The sections contained herein follow the sequence of 20
the actual PCN form. Pertinent documents and reports have also been attached as appendices 21
to support the proposed construction, operation, and closure of the Kings Mountain Lithium Mine 22
(Project). 23
2 LANDOWNER INFORMATION (PCN SECTION B.2) 24
The proposed Project is on land owned and/or leased by Albemarle and consists of two sites, 25
hereafter referred to as the “Kings Mountain Mine” and “Archdale TSF,” located in Cleveland 26
County, North Carolina (Figures 1 and 2, Appendix A). The Kings Mountain Mine site contains 27
approximately 1,146 acres, and the Archdale TSF site contains approximately 144 acres (1,290 28
acres total). Appendix B provides a Tax Parcel Identification Map of both sites and a list of property 29
ownership. Site coordinates for both sites are provided on Figure 1 in Appendix A. 30
Application for Section 401 Individual Water Quality Certification for the Kings Mountain Lithium Mine Project
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3 PROJECT INFORMATION AND PRIOR PROJECT HISTORY 31
(PCN SECTION C) 32
3.1 Existing Conditions (PCN Section C4A) 33
3.1.1 Location 34
The proposed Project is on private land owned and/or leased by Albemarle and consists of two 35
(2) sites, the Kings Mountain Mine site and Archdale TSF site, located in Cleveland County, North 36
Carolina (Figures 1 and 2, Appendix A). 37
The Kings Mountain Mine site is approximately 1,146 acres and is bisected by Interstate 85 (I-38
85), with the larger area located on the northern side of the highway and a smaller area south of 39
I-85. The northern area of the Kings Mountain Mine site is bordered by South Battleground 40
Avenue (Highway 216) to the northwest, Dixon School Road, and Tin Mine Road to the southwest, 41
Quarry Road to the northeast, and I-85 to the southeast. Martin Marietta Materials operates an 42
aggregate quarry that borders the Project Area to the east. The southern area of the Kings 43
Mountain Mine site is bordered by I-85 to the northwest and York Road and Galilee Church Road 44
to the southeast. The Kings Mountain Gateway Trail goes around the site with an access point off 45
Galilee Church Road, although as part of the Project the Gateway Trail will be relocated outside 46
the Project Area. 47
The Archdale TSF site is located approximately 3 miles southwest of the Kings Mountain Mine 48
site and is bounded by Interstate I-85 and US Highway 29. The Archdale TSF site is approximately 49
144 acres. 50
3.1.2 Mine History 51
Kings Mountain Mine Site 52
Mining at Kings Mountain started in 1883 with the discovery of cassiterite, a tin-bearing mineral, 53
within the outcropping pegmatites. Subsequently, open pit mining for tin occurred sporadically 54
between 1903 and 1937. Between 1943 and 1945, under sponsorship of the U.S. government, 55
Solvay established a processing plant and mined spodumene for lithium from the pegmatite 56
outcroppings at Kings Mountain. In the early 1950s, the Foote Mineral Company, a subsidiary of 57
Newmont Mining Corporation, purchased the property and began open pit mining and extracting 58
lithium from spodumene. In 1993, exploration and mining operations ceased when the open pit 59
bottom reached a depth of approximately 600 feet (ft) above mean sea level (amsl). In early 1994, 60
a lake started to form in the open pit, primarily from rainfall and surface water run-off from the 61
surrounding watershed; groundwater infiltration is a minor contributor to the lake level. The pit 62
eventually reached an elevation of 822 ft amsl before dewatering began, and the current level is 63
approximately 805 ft amsl. During the filling of the lake (approximately 1994 to April 2024), water 64
was sporadically pumped from the mine pit lake to the adjacent Martin Marietta Materials 65
aggregate quarry to support their operations. In 2015, Albemarle acquired the site and resumed 66
exploration and mine feasibility studies. Dewatering of the pit began in April 2024 under an 67
Application for Section 401 Individual Water Quality Certification for the Kings Mountain Lithium Mine Project
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individual National Pollutant Discharge Elimination System (NPDES) permit and will continue until 68
the pit is completely dewatered (before construction of the project begins). 69
Within the current site, Albemarle operates a lithium compound and metal production facility that 70
includes a 5,000-metric-ton, battery-grade, lithium hydroxide facility and a Global Technical 71
Center for Research and Development. These facilities are unrelated to the proposed mine. 72
Appendix C provides a historical perspective of mining activities and disturbance based on 73
available aerial imagery from 1950 to 2020. 74
Two mine permits issued by the North Carolina Department of Environmental Quality (NCDEQ) 75
Division of Energy, Mineral, and Land Resources (DEMLR), the East Mine permit (DEMLR Permit 76
No. 23-01) and the West Mine permit (DEMLR Permit No. 23-34), cover portions of the Kings 77
Mountain Mine site (Figure 3, Appendix A). The East Mine permit area occupies approximately 78
614.3 acres. The lithium compound and metal production facility, Global Technical Center for 79
Research and Development, and components such as the pit lake, waste rock piles, and several 80
human-made ponds occupy the northern portion of the East Mine permit area. A former tailings 81
impoundment occupies the southern (south of I-85) East Mine permit area. The West Mine permit 82
area is approximately 157.4 acres and contains a reservoir formed by the prior impoundment of 83
South Creek, a legacy TSF, and a small surface mine area where sand tailings are currently being 84
removed and sold. A total of 771.7 acres of the Kings Mountain Mine site are currently under 85
permit. In 2022 and 2023, Albemarle purchased an additional 374 acres, which constitute the 86
remainder of the Kings Mountain Mine site. 87
The Kings Mountain Gateway Trail goes around the site with access points off Galilee Church 88
Road and Battleground Avenue. The trail will be relocated and will not exist on the site when 89
project construction begins. 90
Archdale TSF Site 91
The Archdale TSF site is part of a larger mine area (Moss-Neisler Mine) permitted by DEMLR 92
under Mine Permit No. 23-03 and is operated by IMERYS (Figure 4, Appendix A). Mica mining 93
was initiated on the Archdale TSF site in the mid-1990s, and active mining ceased in 2014. 94
Albemarle purchased the Archdale TSF site in 2023; there is no active mining occurring on the 95
site. Appendix D provides a historical perspective of mining activities and disturbance from 96
available aerial imagery from 1994 to 2020. 97
3.1.3 Current Conditions 98
Both the Kings Mountain Mine and Archdale TSF sites have been disturbed by prior mining 99
activities. These activities have resulted in altered landscapes and human-made water features 100
(ponds and reservoirs). The following provides current features of the Kings Mountain Mine site 101
and Archdale TSF site. 102
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Kings Mountain Mine Site 103
Topography 104
The topography of the Kings Mountain Mine site can be described as a complex of streams and 105
wetland areas interspersed within legacy waste rock storage piles, sand tailings disposal areas, 106
and human-made ponds and reservoirs. The current topography of the site is provided on Figure 107
5 in Appendix A. Notable topographic features include the pit lake, several waste rock piles, South 108
Creek Reservoir, and Executive Club Lake (see Hydrology section below for details). Topography 109
ranges from 750 to 1,000 ft amsl. 110
Floodplains 111
The Federal Emergency Management Agency (FEMA) National Flood Hazard mapping depicts 112
approximately 21 acres of the Kings Mountain Mine site being within Zone AE of the 100-year 113
floodplain. These mapped floodplain areas are located along Kings Creek (Figure 6, Appendix A). 114
No Project activities are proposed within the floodplain. 115
Soils 116
The U.S. Department of Agriculture (USDA) Soil Survey mapped 16 soil unit types and three non-117
soil units within the Kings Mountain Mine site. Soils consist primarily of Udorthents, loamy, 0 to15 118
percent slopes (approximately 32 percent of the site), Madison-Bethlehem complex, 2 to 8 percent 119
slopes (approximately 9 percent of the site), and Madison-Bethlehem complex, 8 to 15 percent 120
slopes (approximately 8 percent of the site). The majority of the soils are classified as well drained. 121
Approximately 2 percent (Chewacia loam, 0 to 2 percent slopes) of the Kings Mountain Mine site 122
soils are considered hydric (Figure 7, Appendix A). 123
Vegetation 124
Legacy mining activities have heavily disturbed the Kings Mountain Mine site. This included a 125
mine pit, sand tailings, waste rock piles, and water storage areas. Agricultural disturbance and 126
urban development have also occurred within the site since at least the 1950s. Most of the 127
vegetative communities are a result of vegetative regeneration of the historic mining areas. In 128
addition, portions of the site with sizable wetlands and waterways have been or are currently 129
influenced by beaver activity. Outside of the areas disturbed by mining activities, the Project Area 130
consists of deciduous forest and mixed deciduous-pine forests in various stages of forest 131
succession. 132
Six upland land use/vegetative communities were mapped within the Kings Mountain Mine site 133
(Figure 8, Appendix A) and include: 134
• Developed: This land use category includes areas recently and currently used for activities 135
associated with the chemical plant, Global Technical Center for Research and 136
Development, former campground and movie theater, and recently acquired residential 137
properties. Vegetation in these areas is primarily ornamentals and grass species. Some 138
areas are barren ground. 139
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• Forested Upland Deciduous: Upland deciduous forests in the Project Area are generally 140
characterized by relatively widely spaced, large trees with a developed understory of 141
smaller trees, shrubs, and herbaceous species. Dominant canopy tree species include 142
American sweetgum (Liquidambar styraciflua), tulip tree (Liriodendron tulipifera), 143
American beech (Fagus grandifolia), red maple (Acer rubrum), white oak (Quercus alba), 144
red oak (Quercus rubra), mockernut hickory (Carya tomentosa), and chestnut oak 145
(Quercus montana). Understory species commonly observed in the deciduous forest are 146
flowering dogwood (Cornus florida), black cherry (Prunus serotina), American holly (Ilex 147
opaca), American hornbeam (Carpinus caroliniana), eastern red cedar (Juniperus 148
virginiana), greenbrier (Smilax spp.), blackberry (Rubus spp.), and spicebush (Lindera 149
benzoin). These understory species generally fill in the gaps between trees, with 150
blackberry and greenbrier species occupying areas with greater sunlight access. In 151
younger, successional forests that were more recently logged or disturbed, the dominant 152
species are American sweetgum, tulip tree, red maple, and white oak, with blackberry and 153
greenbrier species in the understory. These successional forests are generally more 154
dense and less diverse than the older deciduous forests. Both mature and successional 155
deciduous forests have portions with dense blackberry and greenbrier. The deciduous 156
forests are most common on hillslopes, lower elevation areas, and along streams. 157
• Forested Upland Evergreen: The upland evergreen forest community is dominated by 158
stands of loblolly pine (Pinus taeda). Other less common evergreen trees observed were 159
Virginia pine (Pinus virginiana) and shortleaf pine (Pinus echinata). There are both mature 160
pine forests and successional pine forests throughout the Project Area, commonly in the 161
higher elevations. Mature pine forests generally contain evenly spaced large trees with a 162
moderate amount of understory vegetation, primarily the dominant successional 163
deciduous species discussed above. Successional pine forests generally contain dense, 164
young pine trees and lack a developed understory. Similar to the deciduous forests, 165
blackberry and greenbrier species are common in portions of both the mature and 166
successional pine forests. 167
• Forested Upland Mix: This vegetative community is the most common forest type and 168
includes a mixture of deciduous and evergreen trees and shrubs. There are both mature 169
and successional mixed forests throughout the Project Area. The mixed forests observed 170
generally do not have well-developed herbaceous layers and often consisted of Christmas 171
fern (Polystichum acrostichoides), ground cedar (Diphasiastrum digitatum), Japanese 172
honeysuckle (Lonicera japonica), and wild garlic/onion (Allium spp.), when present. Early 173
successional mixed forests are denser and have less diversity and a sparser herbaceous 174
layer than mature mixed forests. 175
• Herbaceous Upland: The herbaceous upland communities consist of non-wetland areas 176
dominated by non-woody vegetation. These communities are common within the existing 177
rights-of-way, in recently disturbed or cleared areas, and along edge habitats (e.g., forest 178
edges, roadsides). Dominant herbaceous species include broom-sedge (Andropogon 179
virginicus), wild garlic/onion, Kentucky blue grass (Poa pratensis), goldenrod species 180
(Solidago spp.), and southern crab grass (Digitaria ciliaris). 181
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• Scrub-Shrub Upland: This community type is a transition between the herbaceous and 182
forested upland areas. It includes species found in both the herbaceous community and 183
young sapling trees found in the forested uplands. 184
Three wetland community types were identified and delineated on the Kings Mountain Mine site. 185
In addition, streams and open water bodies (Palustrine Unconsolidated Bottom [PUB]) were also 186
identified and delineated (Figures 8 and 9, Appendix A). Wetland vegetative communities 187
included: 188
• Palustrine Emergent (PEM) Wetland: The PEM wetland communities consist of a 189
prevalence of hydrophytic non-woody vegetation less than 3 ft in height, generally located 190
in open areas without a tree canopy layer. Many of the emergent wetlands are along pond 191
and stream edges or in small depressional areas where woody vegetation has not 192
developed. In addition, emergent wetlands were found within maintained and mowed utility 193
line easements. Most emergent wetlands are subject to periodic inundation rather than 194
permanent flooding. Dominant herbaceous species include giant cane (Arundinaria 195
gigantea), bushy bluestem (Andropogon glomeratus), lamp rush (Juncus effusus), 196
cottongrass bulrush (Scirpus cyperinus), lesser poverty rush (Juncus tenuis), fowl blue 197
grass (Poa palustris), shallow sedge (Carex lurida), and goldenrod species. 198
• Palustrine Forested (PFO) Wetland: The PFO wetland communities consist of a 199
prevalence of hydrophytic woody species 20 ft or greater in height and 3 inches or greater 200
in diameter at breast height (dbh). Most of the forested wetlands are mature forests with 201
large trees along stream sides or within flooded areas influenced by human and/or beaver 202
activity. Smaller forested wetlands are generally associated with the emergence of 203
groundwater on hillsides adjacent to streams and likely do not have year-round surface 204
water. Several forested wetlands were also observed along the edges of lakes and ponds 205
that may be periodically inundated after large storm events. The tree strata are dominated 206
by red maple, American sycamore (Platanus occidentalis), water oak (Quercus nigra), 207
sugarberry (Celtis laevigata), American elm (Ulmus americana), and American sweetgum. 208
• Palustrine Shrub-Scrub (PSS) Wetland: The PSS wetland communities consist of a 209
prevalence of hydrophytic woody vegetation less than 20 ft tall. Most of the shrub-scrub 210
wetlands in the Project Area are in linear depressional areas along the Gateway Trail or 211
within portions of the Executive Club Lake wetland complex that are subject to periodic 212
flooding. Most of these wetlands occur as dense thickets dominated by only a few shrub-213
scrub species and have a sparse herbaceous layer. The shrub-scrub strata are 214
dominated by brookside alder (Alnus serrulate), American sycamore, black willow (Salix 215
nigra), Chinese privet (Ligustrum sinense), and red maple. 216
Hydrology 217
The natural drainage network in the vicinity of the Kings Mountain Mine site is heavily influenced 218
by historical and active mining activities. The drainage network consists of two main drainages, 219
Kings Creek and South Creek, and several constructed water bodies (Figures 9 and 10, Appendix 220
Application for Section 401 Individual Water Quality Certification for the Kings Mountain Lithium Mine Project
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A). The contributing watersheds to the site are roughly defined by the surrounding road network 221
and historic waste rock piles and sand tailings disposal areas. 222
Kings Creek passes through the site from northeast to southwest but is first intercepted by the 223
Martin Marietta Materials quarry pit upstream of the Kings Mountain Mine site. Water intercepted 224
by the Martin Marietta Materials quarry pit is pumped out on a periodic basis and discharged into 225
Kings Creek. The Martin Marietta Materials quarry pit pumping system has a pumping capacity of 226
2,500 gallons per minute (gpm). Pumping is generally associated with rainfall events. 227
As Kings Creek enters the Kings Mountain Mine site, it is routed under the current Global 228
Technical Center for Research and Development through a 620-ft long corrugated metal pipe 229
(CMP) culvert (4 ft in diameter). From this point, Kings Creek flows to the southwest and joins 230
with the discharge from the South Creek Reservoir (State Dam ID: CLEVE-007-H) before crossing 231
under I-85 through three concrete box culverts (7 ft wide x 10 ft high). South of I-85, Kings Creek 232
joins with the discharge from Executive Club Lake (State Dam ID: CLEVE-006) before flowing off-233
site to the southwest. 234
Executive Club Lake was formed during previous mining operations as a tailings settling 235
impoundment. An embankment (dam) was constructed to a crest elevation of 850 ft amsl, with a 236
trapezoidal spillway constructed at an elevation of 845 ft amsl, which was the original control pool 237
elevation during operations. In the early 2000s, a portion of the embankment was removed to an 238
elevation of 820 ft amsl, and water flow exits through the original dam footprint. The elevation of 239
the current exit at 820 ft amsl allows for storage of several feet of water. This shallow pond collects 240
runoff from the watershed immediately upgradient and flows freely over a rock spillway into an 241
unnamed tributary, joining with Kings Creek approximately 1,500 ft downstream of the lake. The 242
area below the confluence of Kings Creek and Executive Club Lake is currently blocked by a 243
beaver dam, forming a large marshy area in the drainage and resulting in localized flooding. 244
South Creek begins northwest of the Kings Mountain Mine site in an area of residential 245
neighborhoods. The creek flows generally southward before entering the South Creek Reservoir, 246
formed as part of the historic mining activities in the area, and discharges to Kings Creek through 247
a short unnamed tributary. South Creek Reservoir was constructed in the mid-1950s and was 248
utilized as a water source and tailings pond for the former mine. In 2019, the spillway from the 249
South Creek Reservoir into Kings Creek was upgraded and now consists of two 32-inch-diameter 250
high-density polyethylene (HDPE) culverts through the embankment. The culverts discharge to a 251
rock energy dissipater that joins Kings Creek. 252
There are several human-made, isolated waterbodies on the site, the most prominent being the 253
pit lake (Figure 11, Appendix A). The pit lake is formed in the legacy mine pit and does not 254
discharge to the stream network. The current pit lake elevation is approximately 805 ft amsl and 255
would need to rise to approximately 880 ft before discharging into Kings Creek. No. 1 Mill Pond 256
is a historic water management impoundment with an emergency overflow through a culvert under 257
the railroad spur into Kings Creek, and Mud Pond 1 has an emergency overflow through a culvert 258
under an access road into Kings Creek. Mud Pond 2, and PEG 25 Pond collect local stormwater 259
but have no discharge capabilities. 260
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Archdale TSF Site 261
Topography 262
The topography of the Archdale TSF site can be described as a former mine excavation. 263
Elevations range from 750 to 1,050 ft amsl (Figure 12, Appendix A). 264
Floodplains 265
FEMA National Flood Hazard mapping does not depict any areas in the Archdale TSF site being 266
within Zone AE of the 100-year floodplain (Figure 13, Appendix A). 267
Soils 268
Figure 14 in Appendix A depicts the soil unit types mapped within the site. It should be noted that 269
the mapped soils do not reflect the mine activities that have occurred since the mid-1990s. The 270
soils are primarily mapped as Hulett gravely sandy loam, 2 to 8 percent slopes (26 percent of the 271
site), Madison gravelly sandy clay loam, 2 to 8 percent slopes, moderately eroded (21 percent of 272
the site), and Madison-Bethlehem complex, 8 to 15 percent slopes, very stony, moderately eroded 273
(20 percent of the site). All soil types within the site are classified as well drained and are not 274
listed as hydric. 275
Vegetation 276
Figure 15 in Appendix A depicts the vegetative communities that occur on the Archdale TSF site, 277
primarily upland forested communities. Upland vegetative community species composition in the 278
site is similar to that found on the Kings Mountain Mine site. Wetland communities were limited to 279
open water areas classified as non-jurisdictional PUB and PSS wetlands (Figure 16, Appendix 280
A). 281
Hydrology 282
The Archdale TSF site is a former mine area that contains isolated open water and volunteer 283
recruited wetland areas resulting from previous mining activities (Figure 16, Appendix A). The site 284
has no well-defined drainage due to historic mining activities. Discharges from the site during and 285
after mining occur by pumping from the mine pit into an unnamed tributary of Dixon Branch under 286
permit NCG020089. Albemarle is applying for a new NCG02 permit for future activities to occur 287
there, as outlined in Section 3.3. Dixon Branch is a tributary to Kings Creek (Figure 17, Appendix 288
A), which is in the Kings Creek watershed (Hydrologic Unit Code [HUC] 0305010509) (Figure 18, 289
Appendix A). 290
3.2 APPROVED AND PENDING PERMITS (PCN SECTION C4C) 291
A list of approved and pending permits for the Kings Mountain Mine site is provided in Table 1. 292
293
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Table 1: List of Approved and Pending Permits for the Kings Mountain Mine Site 294
Agency Permit/Approval Date Issued
NCDEQ-DEMLR East Mine Permit No.23-01 04/15/2024
NCDEQ-DEMLR West Mine Permit No.23-34 03/08/2024
NCDEQ-DEMLR* Consolidated Mine Permit No. 23-01 Pending
NCDEQ-DEMLR CGP CLEVE-2023-004 8/10/2022
NCDEQ-DEMLR CGP CLEVE-2023-036 5/2/2023
NCDEQ-DEMLR CGP CLEVE-2024-0100 11/9/2023
NCDEQ-DEMLR CGP CLEVE-2024-0119 6/4/2024
NCDEQ-DEMLR Dam Safety Authorization Pending
NCDEQ-DWR NPDES NC0090212 3/25/2024
NCDEQ-DWR 401 Certification WQC005830 4/18/2023
NCDEQ-DWR Stormwater Permit NCG02 Pending
NCDEQ-DAQ Minor Source Air Permit Pending
USACE NW 3 SAW-2023-00221 1/30/2023
USACE AJD/PJD SAW-2023-00294 Pending
Local Rezoning Permit Pending
Local Sewer Extension Permit Pending
Local Building Permit Pending
*Mine permits 23-01 and 23-34 will be combined with additional acreage for a new mining permit for the Kings Mountain site. 295
AJD = Approved Jurisdictional Determination; CGP = Construction General Permit; DAQ = Division of Air Quality; DEMLR = Division of Energy, Mineral, 296
and Land Resources; DWR = Division of Water Resources; NCDEQ = North Carolina Department of Environmental Quality; NPDES = National Pollutant 297
Discharge Elimination System; PJD = Preliminary Jurisdictional Determination; USACE = U.S. Army Corps of Engineers. 298
A list of approved and pending permits for the Archdale TSF site is provided in Table 2. 299
Table 2: List of Approved and Pending Permits for the Archdale TSF Site 300
Agency Permit/Approval Date Issued
NCDEQ-DEMLR Mine Permit No.23-03 2/26/2016
NCDEQ-DEMLR Mine Permit No. Pending
NCDEQ-DWR Stormwater Permit NCG02 Pending
USACE AJD SAW-2019-01131 9/4/2019
USACE AJD Pending
*Portions of Mine Permit 23-03 will be removed from this permit and a new mine permit for the Archdale site will be applied for. 301
AJD = Approved Jurisdictional Determination; DEMLR = Division of Energy, Mineral, and Land Resources; DWR = Division of Water Resources; 302
NCDEQ = North Carolina Department of Environmental Quality; USACE = U.S. Army Corps of Engineers. 303
3.3 LIST THE TOTAL ESTIMATED ACREAGE OF ALL EXISTING 304
WETLANDS ON THE PROPERTY (PCN SECTION C4F) 305
The Kings Mountain Mine site and the Archdale TSF site are located within the Kings Creek 306
Watershed Boundary (Figure 18, Appendix A). The Kings Creek watershed has been assigned 307
HUC 0305010509. Wetlands on the Kings Mountain and Archdale sites were delineated in 308
accordance with the Corps of Engineers Wetland Delineation Manual (USACE 1987) and the 309
Application for Section 401 Individual Water Quality Certification for the Kings Mountain Lithium Mine Project
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Regional Supplement to the Corps of Engineers Wetlands Delineation Manual: Eastern 310
Mountains and Piedmont Region (Version 2.0) (USACE 2012). Delineation details are provided 311
in the Kings Mountain wetland and waterbody delineation report (Appendix E). 312
3.3.1 Kings Mountain Mine Site 313
SWCA Environmental Consultants (SWCA) delineated 44 distinct wetlands (40.22 acres total) 314
and 12 ponds/impoundments (85.58 acres) on the Kings Mountain Mine site (Table 3). Of these 315
resources, 36.84 acres of wetlands are considered jurisdictional to the USACE and the NCDEQ. 316
An additional 20.88 acres of ponds/impoundments were jurisdictional to the USACE/NCDEQ, with 317
the remainder being non-jurisdictional, as they are isolated or are stormwater features (Figures 9 318
and 11, Appendix A). Wetlands were evaluated using the North Carolina Wetland Assessment 319
Method (NCWAM) to determine the functional basis of each distinct resource. Table 3 provides 320
details of each distinct resource. Map details, delineations forms, and functional assessment 321
score sheets are provided in the Kings Mountain Wetland and Waterbody Delineation report 322
(Appendix E). 323
An Approved Jurisdictional Determination (AJD) request and a Preliminary Jurisdictional 324
Determination (PJD) request were submitted to the USACE on October 3, 2023. Field reviews 325
were conducted by the Krysta Stygar (USACE) on February 28 and 29, 2023 and Emily Greer 326
(USACE) and Samantha Daily (USACE) on March 5, 2024. Sue Homewood (NCDEQ) reviewed 327
the site on March 5, 2024. 328
Subsequent to the March 5, 2024, agency field review, the proposed Project Area was modified. 329
SWCA conducted delineations on April 22 and May 21 through 23, 2024, for this additional area. 330
A revised PJD request was submitted to the USACE on July 12, 2024. No changes to the AJD 331
request were made because only isolated features are addressed in the AJD and no new isolated 332
features were identified. 333
3.3.2 Archdale TSF Site 334
SWCA delineated one wetland (7.63 acres) and five ponds/impoundments (9.42 acres) within the 335
Archdale TSF site (Figure 16, Appendix A). These six resources are isolated and not considered 336
jurisdictional to the USACE or NCDEQ. Wetlands were evaluated using NCWAM to determine 337
the functional basis for each distinct resource. Table 4 provides details for each distinct resource. 338
Map details, delineation forms, and functional assessment score sheets are provided in the 339
Archdale Wetland Delineation Report provided in Appendix F. 340
An AJD request was submitted to the USACE on January 4, 2024. No field reviews were 341
conducted on the Archdale TSF site by either the USACE or NCDEQ. No USACE or NCDEQ 342
jurisdictional wetlands occur within the Archdale TSF site. All aquatic features are isolated 343
Application for Section 401 Individual Water Quality Certification for the Kings Mountain Lithium Mine Project
Doc No.: KM60-EN-RP-9433 11 Revision: v3
Table 3: Wetlands and Waterbodies Identified during Field Survey for the Kings Mountain Mine Site 344
Feature ID Location
SWCA’s Opinion
of Jurisdictional
Status*
Wetland
Classification† Acres
Overall
NCWAM
Rating
Explanation
W-A01 35.209155, -81.366017 USACE non-
jurisdictional
PFO (isolated) 0.04 High Isolated portion of wetland not abutting or adjacent to an RPW. No
observed continuous surface connection to downstream TNW.
W-A01 35.209334, -81.366373 Section 404
wetland
PFO 0.02 High Abuts an RPW that is a tributary to a TNW.
W-A03 35.211897, -81.368606 Section 404
wetland
PFO 0.98 High Abuts an RPW that is a tributary to a TNW.
W-A04 35.214789, -81.359268 USACE non-
jurisdictional
PFO (isolated) 0.18 Medium Abuts an isolated pond lacking a continuous surface connection to a
downstream TNW.
W-A05 35.214826, -81.356738 USACE non-
jurisdictional
PEM (isolated) 0.55 High Abuts an isolated pond lacking a continuous surface connection to a
downstream TNW.
W-A05 35.214591, -81.357382 USACE non-
jurisdictional
PFO (isolated) 0.21 Medium Abuts an isolated pond lacking a continuous surface connection to a
downstream TNW.
W-A06 35.218462, -81.360190 USACE non-
jurisdictional
PEM (isolated) 0.11 High Lacks a continuous surface connection to a downstream TNW.
W-A07 35.218209, -81.359240 USACE non-
jurisdictional
PEM (isolated) 0.19 High Lacks a continuous surface connection to a downstream TNW.
W-A10 35.218075, -81.357651 USACE non-
jurisdictional
PFO (isolated) 0.09 Medium Abuts an isolated pond and lacks a continuous surface connection
to a downstream TNW.
W-A11 35.205214, -81.351997 Section 404
wetland
PEM 1.84 High Abuts an RPW that is a tributary to a TNW.
W-A11 35.205199, -81.352115 Section 404
wetland
PFO 11.17 High Abuts an RPW that is a tributary to a TNW.
W-A11 35.207809, -81.352040 USACE non-
jurisdictional
PFO (isolated) 0.16 High Portion of W-A11 that is adjacent to an RPW but does not have
continuous surface connection.
W-A12 35.208132, -81.350264 Section 404
wetland
PSS 0.05 High Abuts an RPW that is a tributary to a TNW.
W-A13 35.208573, -81.345253 USACE non-
jurisdictional
PFO (isolated) 0.32 Medium Isolated and lacks a continuous surface connection to a downstream
TNW. Bermed area along Gateway Trail.
W-A14 35.209219, -81.344538 USACE non-
jurisdictional
PFO (isolated) 0.57 High Isolated and lacks a continuous connection to a downstream TNW.
Bermed area along Gateway Trail.
W-A15 35.212451, -81.342238 Section 404
wetland
PFO 0.41 High Abuts and drained by a non-RPW that has a continuous connection
to a downstream TNW.
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Doc No.: KM60-EN-RP-9433 12 Revision: v3
Feature ID Location
SWCA’s Opinion
of Jurisdictional
Status*
Wetland
Classification† Acres
Overall
NCWAM
Rating
Explanation
W-A16 35.216006, -81.340624 Section 404
wetland
PEM 0.72 High Abuts and drained by a non-RPW that has a continuous connection
to a downstream TNW.
W-A16 35.214810, -81.340578 Section 404
wetland
PSS 3.98 Medium Abuts and drained by a non-RPW that has a continuous surface
connection to a downstream TNW.
W-A16 35.213306, -81.341829 Section 404
wetland
PFO 0.05 High Abuts and drained by a non-RPW that has a continuous surface
connection to a downstream TNW.
W-A17 35.220218, -81.358137 USACE non-
jurisdictional
PEM (isolated) 0.20 Medium Isolated wetland that drains into the mining pit. No continuous
surface connection to a downstream TNW.
W-A38 35.207514, -81.346360 USACE non-
jurisdictional
PFO (isolated) 0.21 High Isolated and lacks a continuous surface connection to a downstream
TNW. Bermed area along Gateway Trail.
W-A39 35.207499, -81.348764 Section 404
wetland
PEM 0.03 Medium Abuts and drained by a non-RPW that has a continuous surface
connection to a downstream TNW.
W-07A 35.214683, -81.369513 Section 404
wetland
PSS 0.50 High Abuts an RPW that is a tributary to a TNW.
W-B01 35.207746, -81.360185 Section 404
wetland
PFO 5.97 High Abuts an impoundment (South Creek Reservoir) with a continuous
surface connection to a downstream TNW.
W-B01 35.207718, -81.361718 Section 404
wetland
PSS 0.41 High Abuts an impoundment (South Creek Reservoir) with a continuous
surface connection to a downstream TNW.
W-B02 35.212735, -81.364358 Section 404
wetland
PSS 0.03 High Abuts and drained by a non-RPW that has a continuous surface
connection to a downstream TNW.
W-B03 35.214667, -81.354113 USACE non-
jurisdictional
PEM (stormwater
retention)
0.36 High Wetland area that receives flow from permitted stormwater output.
No continuous surface connection exists between this wetland and
other aquatic resources.
W-B05 35.217679, -81.347169 Section 404
wetland
PEM 0.08 High Adjacent to an RPW with a continuous surface connection to a
downstream TNW. Connected via culvert under the main site drive
to an upstream wetland and RPW.
W-B05 35.217613, -81.347095 Section 404
wetland
PSS 0.10 High Adjacent to an RPW with a continuous surface connection to a
downstream TNW. Connected via culvert under the main site drive
to an upstream wetland and RPW.
W-B06 35.217342, -81.346022 Section 404
wetland
PFO 0.12 High Abuts an RPW with a continuous surface connection to a
downstream TNW.
W-B07 35.215618, -81.35194 Section 404
wetland
PEM 0.03 Medium Abuts an RPW with a continuous surface connection to a
downstream TNW.
W-B08 35.213655, -81.354138 Section 404
wetland
PFO 0.06 High Abuts an RPW with a continuous surface connection to a
downstream TNW.
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Feature ID Location
SWCA’s Opinion
of Jurisdictional
Status*
Wetland
Classification† Acres
Overall
NCWAM
Rating
Explanation
W-B09 35.21154, -81.353291 Section 404
wetland
PSS 0.26 High Abuts an RPW with a continuous surface connection to a
downstream TNW.
W-B10 35.216270, -81.351006 USACE non-
jurisdictional
PEM (stormwater
retention)
0.05 High Permitted stormwater retention pond by Albemarle tech center.
W-B11 35.218168, -81.350787 Section 404
wetland
PEM 0.01 Medium Abuts an RPW with a continuous surface connection to a
downstream TNW.
W-B12 35.218898, -81.350795 Section 404
wetland
PEM 1.09 High Abuts an RPW with a continuous surface connection to a
downstream TNW.
W-B13 35.218491, -81.348623 Section 404
wetland
PFO 0.25 High Abuts an RPW with a continuous surface connection to a
downstream TNW.
W-B14 35.211643, -81.344995 Section 404
wetland
PEM 1.47 High Abuts an impoundment with a continuous surface connection to a
downstream TNW.
W-B14 35.212889, -81.34386 Section 404
wetland
PFO 2.12 High Abuts an impoundment with a continuous surface connection to a
downstream TNW.
W-B14 35.209858, -81.348324 Section 404
wetland
PSS 4.68 High Abuts an impoundment with a continuous surface connection to a
downstream TNW.
W-C01 35.219844, -81.365597 Section 404
wetland
PFO 0.30 High Abuts an RPW that is a tributary to a TNW.
W-C02 35.215987, -81.365944 Section 404
wetland
PEM 0.03 High Abuts an RPW that is a tributary to a TNW.
W-C03 35.210274, -81.368546 USACE non-
jurisdictional
PFO (isolated) 0.14 High Isolated depression and lacks a continuous surface connection to a
downstream TNW.
W-C04 35.216902, -81.338777 Section 404
wetland
PFO 0.08 High Abuts an RPW that is a tributary to a TNW.
WB-A01 35.214813, -81.359708 USACE non-
jurisdictional
PUB (Mud Pond 1) 1.20 N/A Isolated pond without a continuous surface connection to a
downstream TNW.
WB-A02 35.215637, -81.365737 Section 404 non-
wetland waters
PUB 0.21 N/A Impoundment (pond) of an RPW with a continuous surface
connection to a downstream TNW.
WB-A03 35.216742, -81.357433 USACE non-
jurisdictional
PUB (isolated) 1.29 N/A Isolated human-made pond without a continuous surface connection
to a downstream TNW.
WB-A04 35.215725, -81.355824 USACE non-
jurisdictional
PUB
(No.1 Mill Pond)
7.16 N/A Isolated human-made pond without a continuous surface connection
to a downstream TNW.
WB-A05 35.225892, -81.35591 USACE non-
jurisdictional
PUB (isolated) 0.17 N/A Isolated pond without a continuous surface connection to a
downstream TNW.
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Feature ID Location
SWCA’s Opinion
of Jurisdictional
Status*
Wetland
Classification† Acres
Overall
NCWAM
Rating
Explanation
WB-A06 35.219003, -81.361017 USACE non-
jurisdictional
PUB (isolated) 0.98 N/A Pond without a continuous surface connection to a downstream
TNW. Isolated within the Project Area.
WB-A08 35.218214, -81.357261 USACE non-
jurisdictional
PUB (Mud Pond 2) 0.68 N/A Pond without a continuous surface connection to a downstream
TNW. Isolated within the Project Area.
WB-A09 35.207978, -81.350426 Section 404 non-
wetland waters
PUB 0.18 N/A Abuts a wetland and RPW with a continuous surface connection to a
downstream TNW.
WB-A10 35.223561, -81.353367 USACE non-
jurisdictional
PUB
(Mine Pit Lake)
53.22 N/A Man-made mining pit. Isolated with no continuous surface
connection to a downstream TNW.
WB-B01 35.209922, -81.357186 Section 404 non-
wetland waters
PUB
(South Creek
Reservoir)
8.37 N/A Impoundment with a continuous surface connection to a
downstream TNW.
WB-B02 35.210203, -81.345041 Section 404 non-
wetland waters
PUB
(Executive Club Lake)
11.68 N/A Impoundment with a continuous surface connection to a
downstream TNW.
WB-C01 35.217740, -81.336839 Section 404 non-
wetland waters
PUB 0.44 N/A Impoundment with a continuous surface connection to a
downstream TNW.
Total USACE Jurisdictional PFO Wetlands 21.53
Total USACE Jurisdictional PSS Wetlands 10.01
Total USACE Jurisdictional PEM Wetlands 5.30
Total USACE Jurisdictional PUB Non-wetland Waters 20.88
Total USACE Jurisdictional Wetlands (excluding PUBs)* 36.84 Wetlands were either adjacent to or abutting an RPW or non-
RPW with a continuous surface connection to a downstream
TNW.
Total USACE Non-Jurisdictional Wetlands (excluding PUBs)* 3.38 Isolated wetlands and/or wetlands without a continuous surface
connection to a downstream TNW; additionally, stormwater
retention ponds.
Total USACE Non-Jurisdictional PUBs* 64.70 Isolated ponds/lakes or ones lacking a continuous surface
connection to a downstream TNW.
*This determination is SWCA’s professional opinion of the jurisdictional status of each feature under NCDEQ and USACE criteria. 345
† PEM = palustrine emergent; PFO = palustrine forested; PSS = palustrine shrub/scrub; PUB = palustrine unconsolidated bottom (pond/lake). 346
N/A = not applicable; NCDEQ = North Carolina Department of Environmental Quality; NCWAM = North Carolina Wetland Assessment Method; RPW = relatively permanent water; SWCA = SWCA 347
Environmental Consultants; TNW = traditionally navigable water; USACE = U.S. Army Corps of Engineers. 348
Application for Section 401 Individual Water Quality Certification for the Kings Mountain Lithium Mine Project
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Table 4: Wetlands and Waterbodies Identified during Field Survey for the Archdale TSF Site 349
Feature ID Survey Date Jurisdictional Status* Wetland
Classification† Acres NCWAM
Rating Explanation
W-D01 09/26/2023 NCDEQ/USACE non-jurisdictional Headwater Forest
(PSS)
7.63 High Isolated wetland not abutting or adjacent to an RPW.
No observed continuous connection to downstream
TNW.
WB-D01 09/26/2023 NCDEQ/USACE non-jurisdictional Open Water (PUB) 1.11 N/A Isolated mine pond not abutting or adjacent to an RPW.
No observed continuous connection to downstream
TNW.
WB-D02 09/26/2023 NCDEQ/USACE non-jurisdictional Open Water (PUB) 1.27 N/A Isolated mine pond not abutting or adjacent to an RPW.
No observed continuous connection to downstream
TNW.
WB-D03 09/26/2023 NCDEQ/USACE non-jurisdictional Open Water (PUB) 5.48 N/A Isolated mine pond not abutting or adjacent to an RPW.
No observed continuous connection to downstream
TNW.
WB-D04 09/26/2023 NCDEQ/USACE non-jurisdictional Open Water (PUB) 0.93 N/A Isolated mine pond not abutting or adjacent to an RPW.
No observed continuous connection to downstream
TNW.
WB-D05 09/26/2023 NCDEQ/USACE non-jurisdictional Open Water (PUB) 0.22 N/A Isolated mine pond not abutting or adjacent to an RPW.
No observed continuous connection to downstream
TNW.
WB-D06 09/26/2023 NCDEQ/USACE non-jurisdictional Open Water (PUB) 0.41 N/A Isolated sediment pond not abutting or adjacent to an
RPW. No observed continuous connection to
downstream TNW.
Total NCDEQ/USACE Non-Jurisdictional Wetlands 7.63
Total NCDEQ/USACE Non-Jurisdictional PUBs 9.42
* This determination is SWCA’s professional opinion of the jurisdictional status of each feature under NCDEQ and USACE criteria. 350
† PSS = palustrine shrub-scrub; PUB = palustrine unconsolidated bottom (pond/lake). 351
N/A = not applicable; NCDEQ = North Carolina Department of Environmental Quality; NCWAM = North Carolina Wetland Assessment Method; RPW = relatively permanent water; SWCA = SWCA 352
Environmental Consultants; TNW = traditionally navigable water; USACE = U.S. Army Corps of Engineers. 353
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3.4 LIST THE TOTAL ESTIMATED LINEAR FEET OF ALL EXISTING 354
STREAMS ON THE PROPERTY (PCN SECTION C4G) 355
Stream segments on the Kings Mountain Mine and Archdale TSF sites were delineated in 356
accordance to the Corps of Engineers Wetland Delineation Manual (USACE 1987) and the 357
Regional Supplement to the Corps of Engineers Wetlands Delineation Manual: Eastern 358
Mountains and Piedmont Region (Version 2.0). Streams were also assessed and characterized 359
pursuant to guidance provided in the NCDEQ Methodology for Identification of Intermittent and 360
Perennial Streams and Their Origins (Version 4.11). Delineation details are provided in the 361
wetland and waterbody delineation reports (Appendix E and F). 362
3.4.1 Kings Mountain Mine Site 363
SWCA delineated 37 distinct stream segments (22,527 linear ft total), of which 19 stream 364
segments were classified as intermittent and 18 stream segments were classified as perennial 365
within the Project Area (Figure 9, Appendix A). Except for one stream, all the delineated streams 366
are USACE and NCDEQ jurisdictional. Isolated stream S-A13 (446 linear ft) was determined to 367
be jurisdictional only for the NCDEQ. Ephemeral segments were also identified in the Project 368
Area. However, based on field review and discussions with the USACE and NCDEQ, these 369
features were not considered regulated jurisdictional areas. As such, these features are not 370
depicted on Figure 9 in Appendix A. Streams were evaluated using the North Carolina Stream 371
Assessment Method (NCSAM) to determine the functional basis of each distinct resource (Table 372
5). Map details, delineation forms, and functional assessment score sheets are provided in the 373
Kings Mountain Wetland and Waterbody Delineation Report provided in Appendix E. An AJD/PJD 374
request was submitted to the USACE on October 3, 2023. Field reviews were conducted by Krysta 375
Stygar (USACE) on February 28 and 29, 2023, and Emily Greer (USACE) and Samantha Daily 376
(USACE) on March 5, 2024. Sue Homewood (NCDEQ) reviewed the site on March 5, 2024. 377
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Table 5: Streams Identified during Field Survey for the Kings Mountain Mine Site 378
Feature ID Location Jurisdictional Status* Resource
Classification
Linear
Feet
Overall
NCSAM
Rating
Explanation
S-A02 35.207197, -81.362848 Section 404 non-wetland waters Intermittent stream 324 High RPW portion of S-A02 with a continuous surface
connection to a downstream TNW.
S-A04 35.208801, -81.365308 Section 404 non-wetland waters Intermittent stream 1,037 High RPW with a continuous surface connection to a
downstream TNW.
S-A04 35.207549, -81.362939 Section 404 non-wetland waters Perennial stream 821 Medium RPW with a continuous surface connection to a
downstream TNW.
S-A05 35.210156, -81.362836 Section 404 non-wetland waters Perennial stream
(South Creek) 4,407 High RPW with a continuous surface connection to a
downstream TNW.
S-A06 35.21262, -81.368194 Section 404 non-wetland waters Intermittent stream 413 High RPW with a continuous surface connection to a
downstream TNW.
S-A06 35.213087, -81.367478 Section 404 non-wetland waters Perennial stream 232 High RPW with a continuous surface connection to a
downstream TNW.
S-A07 35.214219, -81.370912 Section 404 non-wetland waters Intermittent stream 33 High RPW with a continuous surface connection to a
downstream TNW.
S-A07 35.213377, -81.367158 Section 404 non-wetland waters Perennial stream 1,825 High
RPW with a continuous surface connection to a
downstream TNW. Downstream portion was
mapped as S-B03.
S-A07a 35.214428, -81.369161 Section 404 non-wetland waters Perennial stream 272 High RPW with a continuous surface connection to a
downstream TNW.
S-A07a1 35.214679, -81.369258 Section 404 non-wetland waters Intermittent stream 80 High RPW with a continuous surface connection to a
downstream TNW.
S-A09 35.213466, -81.367565 Section 404 non-wetland waters Intermittent stream 42 High RPW with a continuous surface connection to a
downstream TNW.
S-A10 35.212295, -81.3633549 Section 404 non-wetland waters Intermittent stream 313 High RPW with a continuous surface connection to a
downstream TNW.
S-A13 35.218236, -81.358158
USACE non-jurisdictional;
NCDEQ jurisdictional isolated
stream
Intermittent stream 446 High Isolated RPW without a continuous surface
connection to a downstream TNW.
S-A17 35.207911, -81.349761 Section 404 non-wetland waters Intermittent stream 721 High RPW with a continuous surface connection to a
downstream TNW.
S-A17 35.207360, -81.351472 Section 404 non-wetland waters Perennial stream 774 High RPW with a continuous surface connection to a
downstream TNW.
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Feature ID Location Jurisdictional Status* Resource
Classification
Linear
Feet
Overall
NCSAM
Rating
Explanation
S-A18 35.210947, -81.352346 Section 404 non-wetland waters Intermittent stream 273 High RPW with a continuous surface connection to a
downstream TNW.
S-A20 35.207832, -81.350737 Section 404 non-wetland waters Intermittent stream 108 High RPW with a continuous surface connection to a
downstream TNW.
S-A21 35.207800, -81.350569 Section 404 non-wetland waters Intermittent stream 55 High RPW with a continuous surface connection to a
downstream TNW.
S-A25 35.215486, -81.340772 Section 404 non-wetland waters Intermittent stream 286 High RPW with a continuous surface connection to a
downstream TNW.
S-A44 35.206533, -81.352688 Section 404 non-wetland waters Intermittent stream 37 High RPW with a continuous surface connection to a
downstream TNW.
S-B03 35.213618, -81.365850 Section 404 non-wetland waters Perennial stream 516 High
RPW with a continuous surface connection to a
downstream TNW. Upstream portion was mapped
as S-A07.
S-B05 35.212679, -81.364220 Section 404 non-wetland waters Intermittent stream 387 High RPW with a continuous surface connection to a
downstream TNW.
S-B07 35.217298, -81.345776 Section 404 non-wetland waters Perennial stream 494 High RPW with a continuous surface connection to a
downstream TNW.
S-B08 35.211592, -81.352840 Section 404 non-wetland waters Perennial stream
(Kings Creek) 5,024 High RPW with a continuous surface connection to a
downstream TNW.
S-B10 35.215358, -81.352310 Section 404 non-wetland waters Perennial stream 38 High RPW with a continuous surface connection to a
downstream TNW.
S-B12 35.212584, -81.354249 Section 404 non-wetland waters Perennial stream 97 High
RPW with a continuous surface connection to a
downstream TNW. Outflow from tailing pond into
Kings Creek north of I-85.
S-B13 35.218723, -81.350731 Section 404 non-wetland waters Intermittent stream 114 High RPW with a continuous surface connection to a
downstream TNW.
S-B14 35.218360, -81.348488 Section 404 non-wetland waters Perennial stream 347 High RPW with a continuous surface connection to a
downstream TNW.
S-C02 35.219405, -81.365538 Section 404 non-wetland waters Perennial stream 346 High RPW with a continuous surface connection to a
downstream TNW.
S-C03 35.219848, -81.365602 Section 404 non-wetland waters Intermittent stream 96 High RPW with a continuous surface connection to a
downstream TNW.
S-C04 35.216309, -81.367859 Section 404 non-wetland waters Intermittent stream 104 Low RPW with a continuous surface connection to a
downstream TNW.
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Feature ID Location Jurisdictional Status* Resource
Classification
Linear
Feet
Overall
NCSAM
Rating
Explanation
S-C04 35.216402, -81.366744 Section 404 non-wetland waters Perennial stream 605 Low RPW with a continuous surface connection to a
downstream TNW.
S-C05 35.216483, -81.366978 Section 404 non-wetland waters Intermittent stream 55 High RPW with a continuous surface connection to a
downstream TNW.
S-C06 35.217933, -81.337705 Section 404 non-wetland waters Perennial stream 228 High RPW with a continuous surface connection to a
downstream TNW.
S-C07 35.217362, -81.338826 Section 404 non-wetland waters Perennial stream 1,007 High RPW with a continuous surface connection to a
downstream TNW.
S-C08 35.216377, -81.338423 Section 404 non-wetland waters Perennial stream 511 High RPW with a continuous surface connection to a
downstream TNW.
S-C09 35.217445, -81.336112 Section 404 non-wetland waters Perennial stream 59 High RPW with a continuous surface connection to a
downstream TNW.
Total USACE Jurisdictional Intermittent Stream* 4,478
Total USACE Jurisdictional Perennial Stream* 17,603
Total USACE Jurisdictional Streams* 22,081
Total NCDWR Jurisdictional Isolated Stream (USACE Non-jurisdictional)* 446 RPWs lacking a continuous surface connection
to TNWs. Still regulated by the NCDEQ as
isolated streams.
*This determination is SWCA’s professional opinion of the USACE jurisdictional status of each feature under Section 404 of the CWA. 379
**The determination is based on SWCA’s professional opinion of NCDEQ jurisdictional status of each feature. 380
CWA = Clean Water Act; NCDEQ = North Carolina Department of Environmental Quality; NCDWR = North Carolina Division of Water Resources; NCSAM = North Carolina Stream Assessment Method; RPW = 381
relatively permanent water; SWCA = SWCA Environmental Consultants; TNW = traditionally navigable water; USACE = U.S. Army Corps of Engineers. 382
383
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For purposes of impact analysis, acreages of stream segments were calculated based on the 384
length of the resource and the average width. Table 6 provides the acreages of each stream 385
segment. 386
Table 6: Stream Segment Acreage for the Kings Mountain Mine Site 387
Feature ID Classification Linear Feet Width
Feet Acreage
S-A02 Intermittent stream 324 3 0.022
S-A04 Intermittent stream 1,037 2 0.048
S-A04 Perennial stream 821 10 0.188
S-A05 Perennial stream
(South Creek)
4,407 15 1.518
S-A06 Intermittent stream 413 2 0.019
S-A06 Perennial stream 232 3 0.016
S-A07 Intermittent stream 33 4 0.003
S-A07 Perennial stream 1,824 6 0.251
S-A07a Perennial stream 272 6 0.037
S-A07a1 Intermittent stream 80 2 0.004
S-A09 Intermittent stream 42 2 0.002
S-A10 Intermittent stream 313 1 0.007
S-A13 Intermittent stream 446 2 0.020
S-A17 Intermittent stream 721 2 0.033
S-A17 Perennial stream 774 20 0.355
S-A18 Intermittent stream 273 3 0.019
S-A20 Intermittent stream 108 2 0.005
S-A21 Intermittent stream 55 2 0.003
S-A25 Intermittent stream 286 3 0.020
S-A44 Intermittent stream 37 3 0.003
S-B03 Perennial stream 516 6 0.071
S-B05 Intermittent stream 387 1 0.009
S-B07 Perennial stream 494 3 0.034
S-B08 Perennial stream
(Kings Creek)
5,024 25 2.883
S-B10 Perennial stream 38 2 0.002
S-B12 Perennial stream 97 1 0.002
S-B13 Intermittent stream 114 1 0.003
S-B14 Perennial stream 347 4 0.032
S-C02 Perennial stream 346 2 0.016
S-C03 Intermittent stream 96 2 0.004
S-C04 Intermittent stream 104 2 0.005
S-C04 Perennial stream 605 4 0.056
S-C05 Intermittent stream 55 1 0.001
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Feature ID Classification Linear Feet Width
Feet Acreage
S-C06 Perennial stream 228 2 0.010
S-C07 Perennial stream 1,007 4 0.092
S-C08 Perennial stream 511 2 0.023
S-C09 Perennial stream 59 1 0.001
3.4.2 Archdale TSF Site 388
No streams were identified on the Archdale TSF site during the 2023 field delineation. 389
3.5 PURPOSE OF THE PROJECT (PCN SECTION C4H) 390
The overall purpose of this Project is to provide a domestic source of lithium to meet the growing 391
demand for this critical mineral that is required to help the United States achieve its sustainable 392
clean energy goals. Lithium-ion batteries are an essential part of the nation’s alternative energy 393
strategy to reduce its reliance on fossil fuels. Lithium is used for batteries for electric vehicles 394
(EVs), solar panels, renewable energy storage, and other emerging green energy technologies. 395
The proposed Project will help meet several national priorities presented in recent presidential 396
Executive Orders. The 2021 Executive Order 14008 on Tackling the Climate Crisis at Home and 397
Abroad addresses the climate crisis and the government’s agenda to build a clean and equitable 398
energy economy that achieves carbon-pollution-free electricity by 2035 and puts the United States 399
on a path to achieve net-zero emissions, economy-wide, by no later than 2050. 400
The strategic vulnerabilities to critical minerals, including lithium, were recognized in the 2017 401
Executive Order 13817 on Federal Strategy to Ensure Secure and Reliable Supplies of Critical 402
Minerals to reduce the nation’s vulnerability to disruptions in the supply of critical minerals, and 403
again in the 2020 Executive Order 13953 on Addressing the Threat to the Domestic Supply Chain 404
from Reliance on Critical Minerals from Foreign Adversaries and Supporting the Domestic Mining 405
and Processing Industries. In 2021, the U.S. Department of Energy (DOE) Office of Energy 406
Efficiency and Renewable Energy released the National Blueprint for Lithium Batteries, 2021-407
2030, which included goals for securing access to raw and refined materials, discovering 408
alternatives for critical minerals for commercial and defense applications, and supporting the 409
growth of a U.S. materials processing base able to meet domestic battery manufacturing demand. 410
As such, the United States government is seeking to strengthen the nation’s lithium-ion battery 411
production by providing funding and resources for domestic lithium mining to reduce the country’s 412
reliance on foreign lithium supply and increase the nation’s energy self-sufficiency. To this end, 413
Albemarle applied for and received a $150 million grant from the DOE as part of the Bipartisan 414
Infrastructure Law: Battery Materials Processing and Battery Manufacturing (DE-FOA-0002678) 415
to expand domestic manufacturing of batteries for EVs and the electrical grid and for materials 416
and components currently imported from other countries. The grant funding is intended to support 417
a portion of the anticipated cost to construct a new, commercial-scale, U.S.-based, lithium 418
materials processing plant that uses sustainably extracted spodumene minerals from the 419
reopened mine at the KMM site. This Project would support the DOE’s Energy Strategic Goal of, 420
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“protecting our national and economic security by promoting a diverse supply and delivery of 421
reliable, affordable, and environmentally sound energy." 422
The United States produces less than 2 percent of the world’s supply of lithium, which comes 423
from a single brine operation, Albemarle’s Silver Peak site, located in Nevada. Thus, additional 424
domestic lithium sources are needed to meet domestic demands for lithium in the United States. 425
The KMM site was a major supplier of lithium from the mid-20th century into the 1980s, but the 426
site was shut down when cheaper lithium sources became available in other countries. The 427
present demand for domestically produced lithium has made reopening of the Kings Mountain 428
spodumene mine financially feasible. 429
Therefore, the purpose of the Project is to reopen the spodumene mine at Kings Mountain, which 430
contains hard rock lithium deposits, and construct a modern-day, commercial-scale, processing 431
facility to extract and refine mineralized spodumene to a high-quality lithium-bearing spodumene 432
concentrate that, upon conversion to battery-grade lithium hydroxide offsite, will provide a 433
domestic source of lithium to meet growing demands in the United States. 434
3.6 OVERALL PROJECT DESCRIPTION, IMPACTS, AND 435
EQUIPMENT TO BE USED (PCN SECTION C4I) 436
3.6.1 Proposed Activity Overview 437
The proposed Project’s ore deposit is a lithium-bearing pegmatite intrusion that has penetrated 438
along the Kings Mountain shear zone, a regional structural feature known to host multiple lithium 439
bearing pegmatites along its trend. The pegmatite field in the Kings Mountain Mine site is 440
approximately 1,500 ft wide at its widest point in the mine pit area and narrows to approximately 441
400 to 500 ft in width at its narrowest point south of the mine pit. The field has a lithium 442
mineralization strike length of approximately 7,500 ft and is predominantly contained in the 443
mineral spodumene. The spodumene pegmatite bodies exhibit a texture-based variation in lithium 444
grade, spodumene grain size, mineral alteration, and rock hardness. It is estimated that the mine 445
life will be 9 to 10 years during operations based on current market conditions. 446
The Project consists of the Kings Mountain Mine site and Archdale TSF site, which, combined, 447
will be the Kings Mountain Lithium Mine Project. The Kings Mountain Mine site contains the legacy 448
mine pit, which will be dewatered and expanded for mining. The mining activity is intended to 449
produce concentrated spodumene ore at facilities to be constructed at the Kings Mountain Mine 450
site, including waste rock storage facilities, overburden storage facilities, growth media storage 451
areas, a crushing circuit, concentrator facilities, a water treatment facility, a water storage basin, 452
a tailings load out facility, a railcar ore load out facility, and support infrastructure (Figure 19, 453
Appendix A). The Archdale TSF site will be used for tailings storage (Figure 20, Appendix A). The 454
KMM site will have four primary phases: early works; construction; operations; and 455
reclamation/closure. The Archdale TSF will include only construction; operations; and 456
reclamation/closure phases. 457
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3.6.2 Kings Mountain Mine Site 458
Existing Legacy Features 459
The legacy mine within the Kings Mountain Mine site was reclaimed to meet closure requirements 460
in the 1990s. Reclamation activities included slope grading, revegetation of disturbed ground, and 461
allowing the open pit to fill with freshwater through natural hydrologic processes (rainfall and 462
groundwater seepage). Much of the legacy ore processing equipment and the spodumene 463
concentrator plant were removed, although remnants of the mining operations still exist, including: 464
• An open pit, filled with water from rainfall runoff and groundwater seepage. 465
• A smaller mine excavation pit (known as PEG-25). 466
• The spur rail line. 467
• Two TSFs, including Executive Club Lake. 468
• Several rock storage facilities (RSFs). 469
• Storage and mill ponds. 470
• Portions of the chemical plant. 471
• Several repurposed mine operation support buildings. 472
These features will either remain in place or will be modified for the proposed mine. The chemical 473
plant will remain in place but is not part of the Project and will not be affected by the Project. 474
Site Preparation Phase 475
The site preparation phase will start with the dewatering of the existing open mine pit pursuant to 476
conditions contained within National Pollutant Discharge Elimination System (NPDES) Permit No. 477
NC0090212. Utilities will be relocated as approved under DEMLR mine permit modifications (Mine 478
Permit Nos. 23-01 and 23-34) and Construction General Permits. These include relocation of the 479
City of Kings Mountain sewer line, relocation of a Dominion gas line, relocation of a Duke Energy 480
44-kilovolt (kV) electrical line, relocation of Rutherford 12.47-kV electrical line, installation of fiber 481
optic lines and communication towers, and reroute of the Holiday Inn Drive entrance to the mine 482
site. These permits also authorized clearing and grubbing of growth media storage areas for 483
stockpiling of overburden for future use in reclamation, laydown yards for construction equipment 484
and materials, and internal access roads. No wetland or stream impacts were associated with 485
these authorized activities. Fifty- (50-) and 25-ft buffers were established around wetland/stream 486
resources and human-made impoundments, respectively, from authorized activities. Robust 487
erosion and sediment designs, consistent with the requirements of the North Carolina 488
Sedimentation and Pollution Control Act and Administrative Rules, will be utilized for protection 489
of resources. 490
Construction Phase 491
The construction phase will start with additional clearing, grubbing, and construction of facilities 492
for the mine operation. These include: 493
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• The Run of Mine (ROM) Pad: Used to temporarily stockpile ore mined from the open pit. 494
The ore will be transported by haul trucks to the ROM pad before processing. It will be 495
located southwest of the open pit and east of the crushing and screening circuit. 496
• Crushing and Screening Circuit (3-stage): Located on the north side of I-85, west of the 497
ROM pad, which will operate through three main stages: primary, secondary (including 498
ore sorting), and tertiary. Crushing is performed to accomplish the size reduction required 499
to liberate the lithium bearing minerals from non-lithium bearing minerals. Materials that 500
do not contain ore will be removed in the ore sorting process (after secondary crushing). 501
• I-85 Bridge: A new bridge will be constructed over I-85 for conveyor and pipeline 502
connections between the crushing/screening circuit to the plant feed stockpile and the 503
concentrator facility and from the concentrator to the tailings and concentrate load-out 504
facilities. 505
• Plant Feed Stockpile: Stores crushed and sorted ore produced from the tertiary crusher 506
for further processing in the concentrator facility. The ore will be transported to the plant 507
feed stockpile by an enclosed conveyor system. It will be located within an enclosed 508
stockpile storage building containing a fugitive emissions collection system consisting of 509
a system of hoods, ductwork, and bag collectors intended to collect at all source points. 510
• Concentrator Facility: Located on the south side of I-85 and will consist of physical 511
processes to concentrate spodumene, including dense media separation (DMS) circuit, 512
grinding circuit, desliming, magnetic separation, mica and spodumene flotation circuits, 513
and concentrate and tails thickening and filtering circuits. 514
• Rock Storage Facilities (RSFs): Constructed for storage of non-ore-bearing rock 515
excavated from the open pit. Two RSFs will be constructed: RSF-A and RSF-X. RSF-A 516
will store non-acid generating (NAG) rock, legacy tailings, and coarse embankment 517
material removed from the legacy TSFs. RSF-A will grow as mine operations proceed, 518
reaching an ultimate height of 1,200 ft amsl. RSF-X will store potentially acid generating 519
(PAG) rock, and other PAG materials such as ore sorter rejects, and DMS rejects. RSF-X 520
will be underlain by a HDPE geomembrane liner to allow collection of seepage and contact 521
water for treatment prior to ultimate discharge. RSF-X will grow as mine operations 522
proceed, reaching an ultimate height of 1,110 ft amsl. During the initial operational stages, 523
and while RSF-X is being constructed, a temporary stockpile (RSF-W) will be located in 524
the mine pit to store PAG rock. Material contained in RSF-W will be moved to RSF-X when 525
it is fully constructed. 526
• Overburden Storage Facilities (OSFs): Store material to be excavated from under the 527
RSF-A and RSF-X areas to provide a stable foundation for the RSFs. The material will be 528
stockpiled and used during the reclamation phase. Three OSFs are proposed on the Kings 529
Mountain Mine site. These stockpiles will be revegetated and stabilized immediately after 530
construction. 531
• Water Treatment Plant (WTP): Used during development, operations, and a portion of 532
mine post-closure. The WTP will be constructed immediately adjacent to the concentrator. 533
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The WTP will receive inflows of excess water from the concentrator and seepage/runoff 534
from RSF-X. Treated water from the WTP will either be reused within the concentrator or 535
discharged to WSB-1 for storage. 536
• Non-process Infrastructure (NPI): Consists of infrastructure to support operations. Two 537
NPI areas will be located at the Kings Mountain Mine site (north and south of I-85) to 538
support mining and processing operations. The NPI includes offices, fueling facilities, 539
hazardous material storage, water and fire systems, haul truck and equipment 540
maintenance and repair facilities, and vehicle wash areas. The tailings load-out facility will 541
also be located near the northern NPI. 542
• Stormwater Ponds: Used for retention of runoff and sedimentation control specific to the 543
source (contact, non-contact stormwater/PAG runoff/NAG runoff) and will be constructed 544
or modified from legacy features. The sediment control ponds will be designed using a 25-545
year, 24-hour storm event. The contact water pond (WSB-1) will provide sediment control 546
for most contact water. 547
• Water Storage Basin (WSB) 1: A pond associated with a legacy TSF currently known as 548
“Executive Club Lake” will be modified by rebuilding the embankment to serve as water 549
storage for discharges from the WTP and all contact water (treated and untreated). It will 550
also act as a sedimentation pond and supply make-up water to the concentrator and other 551
mining operations. The nominal operating elevation of WSB-1 is 830 ft asml, although 552
during surge and dry periods, it may temporarily differ. 553
• Conveyor System: Used to move material between facilities and to load-out areas. The 554
conveyor system will be enclosed to minimize dust and accidental material spills. 555
• Tailings Load-Out Facility: Used for loading trucks that will haul tailings from the mine site 556
to the Archdale TSF site. 557
• Concentrate Load-Out Facility: Used to load rail cars with spodumene concentrate for 558
transport off-site to a conversion plant. 559
Prior to construction activities, robust erosion and sediment designs consistent with the 560
requirements of the North Carolina Sedimentation and Pollution Control Act and Administrative 561
Rules will be installed for the protection of resources. These include diversion ditches to intercept 562
non-contact surface water drainage and convey it to existing drainage outlets as well as silt fences 563
and other best management practices (BMPs) installed downstream to prevent the release of 564
sediment to the environment. 565
Vegetation will be cleared, and growth media will be salvaged in all approved disturbance areas. 566
Construction of the concentrator and associated Project infrastructure, including the crushing 567
circuit, RSFs, OSFs, WSB-1, WTP, haul roads, access roads, I-85 bridge, NPI areas, concentrate 568
and tailings load-outs, railway improvements, the stormwater management system, and 569
supporting utilities, will be completed in an anticipated 2- to 3-year period after receipt of 570
regulatory approval. 571
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WSB-1 construction will involve removing some legacy tailings and coarse rock from the existing 572
embankment to allow for rebuilding, repairing, and reconstructing the existing concrete-lined 573
spillway, where necessary, constructing a gravel blanket drain along the downstream face of the 574
embankment, and constructing a compacted fill buttress to improve stability. The WSB-1 575
embankment will consist of suitable fill materials sourced from the Project. 576
During the construction period, concurrent reclamation of disturbed areas will occur where 577
possible. Surface disturbances associated with roads, ditches, embankment faces, and the 578
disturbed perimeter of facility footprints will be reclaimed after final grades are established. BMPs 579
will be installed and maintained at all times during construction to minimize erosion, 580
sedimentation, and to control surface and stormwater runoff. Removal of vegetation, soil layers, 581
legacy tailings, and embankment materials will be conducted using bulldozers, excavators, 582
loaders, scrapers, and trucks. 583
If bedrock is encountered during grading in preparation for the installation of the geomembrane 584
underlying RSF-X, then ripping, drilling, and/or blasting of bedrock may be required locally. It is 585
anticipated that weathered bedrock and competent bedrock will be suitable for use as general fill 586
to construct the mine facilities. It is also assumed that some lower portions of the residual soil unit 587
may be suitable for construction bulk fill use. 588
Construction on the Kings Mountain Mine site is expected to occur over a 2.5-year period following 589
permit approvals. The initial construction schedule developed includes the open pit, concentrator, 590
ROM pad, crushing circuit, south NPI, north NPI, I-85 bridge, WTP, concentrator, haul roads, 591
OSFs, RSFs (RSF-X and RSF-A), concentrate, and tailings loadout. The sequence of events is 592
summarized as follows: 593
• Implement erosion and sediment control measures. 594
• Execute clearing and grubbing activities. 595
• Stockpile vegetation and soil in designated areas. 596
• Develop access roads, temporary service roads, and laydown areas. 597
• Deconstruct legacy tailings facility, and begin construction of RSF-A and RSF-X. 598
• Initiate mass grading (cut and fill requirements). 599
• Place fill and install permanent drainage systems and erosion control structures. 600
• Develop utilities infrastructure. 601
• Develop permanent haul roads. 602
• Excavate for the building foundations and install pilings, as required. 603
• Construct infrastructure. 604
Stormwater management during the construction phase uses standards as set forth in the North 605
Carolina Erosion and Sediment Control Planning and Design Manual and the North Carolina 606
Surface Mining Manual. For the construction phase, both temporary and permanent stormwater 607
management controls will be utilized to prevent unauthorized discharge to wetlands and streams. 608
Stormwater controls to be utilized include: 609
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• Rock Construction Entrances: Installed at various construction access points to reduce 610
the amount of material leaving the site on vehicle tires. 611
• Diversion Berms: Used to direct flow to the stormwater collection system away from 612
disturbed, unconsolidated areas. 613
• Compost Filter Socks and Sediment Fence: Filter socks comprised of flocculant will be 614
used to filter sediment from sheet or channelized flow. 615
• Erosion Control Blankets: Used to temporarily stabilize disturbed areas to prevent 616
sediment transport during rainfall events. 617
• Pumps/Pumped Water Filter Bags: Used during dewatering to trap sediment. 618
• Sediment Ponds: Designed to receive non-contact water flows from disturbed and 619
undisturbed ground collected by perimeter channels. Sediment ponds provide retention 620
time for suspended particles to settle out of the water column. 621
• Riprap-lined Channels: Riprap-lined channels will be installed to reduce erosion of 622
conveyance slopes. 623
• Dust Control: Regular application of water on haul roads will be conducted to prevent the 624
release of fugitive dust. 625
• Temporary Seeding: The application of seed mixtures will be used to stabilize disturbed 626
areas. 627
• Inlet Protection: Provided at all inlets and catch basins on existing (Holiday Inn Drive) and 628
proposed roads that are downgradient of disturbed areas. Several types of inlet protection 629
designs are proposed due to the variation in inlet/catch basins throughout the site. 630
All direct wetland and stream impacts will occur in the construction phase with the exception of 631
two small stream segments where impacts will occur during the operations phase from expansion 632
of the mine pit. This includes 5.43 acres of wetland impacts, 11.11 acres of open water impacts, 633
and 6,370 linear ft of stream impacts (1 acre). Section 4.0 provides details on the impact areas. 634
Direct impact details are provided in Section 4.0 Proposed Impacts Summary (PCN Section D). 635
and cumulative impact details are provided in Section 4.6 Cumulative impacts (PCN Section G3). 636
Operation Phase 637
Production Process 638
The legacy pit will continue to be dewatered, with water directed to WSB-1 instead of Kings Creek, 639
and the spodumene deposit will be mined using conventional open pit mining techniques, 640
expanding the original mine pit to the southwest. Blasting will fragment the ore and waste rock 641
where it will be separated into ore-bearing rock to be hauled to the ROM pad and waste rock to 642
be hauled to the RSFs or to Martin Marietta under a commercial agreement. The waste rock 643
remaining on site will be further separated into NAG waste rock and PAG waste rock. The waste 644
rock will be stock-piled into separate facilities RSF-A for NAG material and RSF-X for PAG 645
material. During the first two years of construction, while RSF-X is being constructed, PAG waste 646
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rock will be stored in a temporary pile in the pit (RSF-W). This material will be moved to RSF-X 647
when it is completed. 648
Some of the NAG waste rock will also be hauled off-site to the adjacent Martin Marietta Materials 649
quarry for aggregate production under a commercial agreement. This will decrease the area 650
needed for NAG waste rock disposal and reduce wetland and stream impacts for RSF-A. 651
From the ROM pad, ore will be fed through a three-stage crushing circuit. After secondary 652
crushing, the circuit will feed the rock through an ore sorting step where high-iron-content waste 653
material will be rejected and hauled to RSF-X. The ore sorter product then will go through tertiary 654
crushing and screening prior to being transported via conveyor over the I-85 bridge to the south 655
side of I-85, where it will be stored at a covered plant feed stockpile. 656
Ore will be retrieved from the plant feed stockpile and fed via conveyor to two parallel DMS 657
modules. The DMS process is a physical separation of light waste material, which will be 658
transported back to the north side of I-85 and temporarily stored in bins so that the material can 659
be hauled and co-mingled with waste rock and stored at RSF-A. The heavier ore will then go 660
through a second separation to produce course spodumene concentrate. This concentrate will be 661
dried and fed to a dry magnetic stage for the removal of any iron bearing waste. The magnetic 662
waste will be sent to the north side of I-85 for storage in RSF-X. 663
The intermediate density material, together with tertiary crushing/screening fines, will then feed a 664
grinding circuit, followed by desliming, magnetic separation, and two flotation steps 1) to remove 665
mica, and 2) to separate concentrated spodumene from other waste materials. The waste streams 666
generated during these stages will be combined and directed to a thickener and filter combination 667
to recover process water. The combined mica and spodumene tails, after being filtered, will be 668
transported via conveyors to the tailings load-out facility north of I-85, and hauled by truck to the 669
Archdale TSF facility. 670
The fine spodumene concentrate will also be conveyed back to the north side of I-85 after being 671
combined with the coarse DMS spodumene concentrate. The combined spodumene concentrate 672
will go to concentrate storage silos located at the concentrate load-out facility and loaded into 673
railcars for shipment to an off-site location. 674
Figure 21 in Appendix A provides a simplified material flow diagram for the mining operations. 675
Table 7 provides estimates of annual production throughout the life of the mine (LOM). 676
Table 7: Annual Mine Production Schedule 677
Mine Year
Annual Production
Total Ore Feed
(1,000 tons)
NAG Rock
(1,000 tons)
PAG Rock
(1,000 tons)
Overburden
(1,000 tons)
Aggregate
(1,000 tons)
-1 187 1,464 349 263 97
1 2,281 2,075 1,004 0 1,295
2 2,902 869 647 0 1,744
3 3,081 1,345 674 580 2,927
4 2,922 2,505 1,623 545 5,174
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Mine Year
Annual Production
Total Ore Feed
(1,000 tons)
NAG Rock
(1,000 tons)
PAG Rock
(1,000 tons)
Overburden
(1,000 tons)
Aggregate
(1,000 tons)
5 2,732 2,186 2,300 350 5,432
6 2,916 2,017 2,157 482 7,429
7 3,110 1,583 1,094 182 5,758
8 3,064 619 617 1 7,711
9 1,309 118 100 0 3,992
Total LOM 24,505 14,780 10,563 2,403 41,560
LOM = life of mine; NAG = non-acid generating; PAG = potentially acid generating. 678
Water Management 679
A stormwater management plan was prepared for the LOM, including the operational phase. 680
Design criteria were based on the North Carolina Erosion and Sediment Control Planning and 681
Design Manual and the North Carolina Surface Mining Manual. Perimeter channels will route non-682
contact runoff from undisturbed areas around the Project infrastructure into Kings Creek, South 683
Creek, and WSB-1 to prevent precipitation and runoff from becoming contact water. Channel 684
erosion protection methods were selected based on the maximum tributary catchment area 685
throughout the LOM and the expected velocities during a 100-year event (the design flood event). 686
Most of the channels were designed to be grass-lined, while those segments with steeper 687
gradients will be lined with rock riprap. 688
Sediment control ponds, including those associated with the OSFs, will be situated downstream 689
of the non-contact water channels before discharging into South or Kings Creek. The sediment 690
control ponds were designed using a 25-year, 24-hour storm event, exceeding North Carolina 691
standards. WSB-1 will provide the sediment control function for all contact water. 692
Both the PAG and NAG stockpile areas, and OSF-1 and OSF-3, will have individual ponds to 693
collect stormwater runoff. Water from the NAG pond will be discharged into a sediment forebay 694
leading into WSB-1. Water from the PAG pond will be treated at the WTP and tested to confirm 695
the recovered water quality is appropriate for co-mingling with NAG water prior to discharge into 696
WSB-1. Discharge from the OSF sediment ponds will enter South Creek. Pit water that 697
accumulates during operations will also be pumped into WSB-1. Figure 22 in Appendix A provides 698
a simplified water balance flow sheet. 699
Reclamation Phase 700
Some reclamation will occur during the operation phase where practicable. However, the majority 701
of the reclamation will be initiated upon completion of the operation phase. The mine pit will be 702
partially backfilled by moving all PAG material from RSF-X into the pit and allowed to refill with 703
water from precipitation and groundwater seepage to form a lake once again. The area under 704
RSF-X and the surface of RSF-A will be covered with 2 ft of growth media and planted with a 705
native seed mix. Infrastructure, such as the North and South NPI, ROM pad, concentrator, feed 706
plant stockpile, conveyors, and load-out facilities, will be dismantled and removed from the site. 707
The areas will be graded and covered with 2 ft of growth media and planted with a native seed 708
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mix. The WTP will remain online until the PAG material has been backfilled into the mine pit and 709
then it will be dismantled and removed from the site. The internal road network will be graded and 710
seeded with a native seed mix. The South Creek road crossing open culvert will be removed, and 711
the stream channel will be restored. 712
As closure covers are placed over the RSFs, contact water diversion channels will be removed to 713
allow runoff from the reclaimed surfaces to flow into the non-contact water diversion channels. 714
This flow will be routed through sediment ponds or in-line sediment controls, such as rock check 715
dams to control sediment as vegetation is established. The sediment ponds will ultimately 716
discharge to Kings Creek. 717
Seepage and contact water runoff from the active mining areas will be routed to either the NAG 718
collection sump, PAG collection sump, or the ore sorting area collection sump during operations 719
and initial closure. As active surfaces are reclaimed, runoff contributions will be eliminated with 720
reduced seepage flows to these sumps. Once flows have decreased, the NAG collection sump 721
will be breached and allowed to discharge into the non-contact perimeter channels. 722
The PAG collections sump associated with RSF-X will be removed once the PAG material has 723
been relocated to the pit backfill. 724
Diversion channels along the northern and eastern portions of the mined pit will be removed to 725
allow runoff from the surrounding watershed to flow back into the pit. 726
Once contact water flows are no longer being pumped to WSB-1, the embankment will be lowered 727
to the original channel elevation of 820 ft amsl, which will allow the pond to drain. Wetlands that 728
were established around WSB-1 at a water level of 830 ft amsl during operations will be 729
reestablished at a water level of 820 ft amsl. 730
3.6.3 Archdale TSF Site 731
Existing Legacy Features 732
The proposed Archdale TSF site is comprised of approximately 144 acres of land disturbed as a 733
result of mica mining operations performed by Imerys in the 1990s. Reclamation activities 734
occurred sometime after 2014 and included slope regrading, disturbed ground revegetation, and 735
allowing several of the open pits to collect groundwater and fresh water from precipitation, which 736
is periodically pumped out. No legacy ore processing equipment or structures exist on the 737
Archdale TSF site. The remaining legacy mining features include: 738
• Access roads. 739
• Open pits, several of which contain water. 740
• A mica stockpile of approximately 1,030 ft amsl. 741
Construction Phase 742
Robust erosion and sediment control designs consistent with the requirements of the North 743
Carolina Sedimentation and Pollution Control Act and Administrative Rules will be utilized for the 744
protection of resources. Initial Archdale TSF construction will consist of implementing stormwater 745
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BMPs, dewatering open pits, clearing and grubbing existing vegetation, and the construction of 746
access and haul roads and a starter embankment and perimeter berm around the former mine 747
pit. 748
Organic growth media will be stripped and hauled to a designated stockpile where it will be stored 749
for reuse during the reclamation phase. 750
Initial construction of the TSF will include a perimeter access road constructed around the edge 751
of the existing pit, grading for the plant site pad, initial grading of the TSF base, installation of an 752
underdrain collection system, and a starter embankment. Leaching testing and analysis of the 753
tailings material indicates that the material leachage will meet Class C standards. A 754
geomembrane liner is not proposed for TSF containment. 755
Following base grading and compaction, a TSF base drain system will be installed over the 756
prepared TSF base to collect and remove infiltrating meteoric water and any collected seepage 757
from upwelling groundwater. A contact water management pond (CWMP) and a sedimentation 758
pond will be constructed as a sedimentation basin for water prior to release. 759
A support infrastructure area will also be constructed at the Archdale TSF site. 760
Operation Phase 761
The tailings will be transported from the Kings Mountain tailings load-out facility in over-the-762
highway haul trucks and delivered to the TSF and placed directly at the working face or deposited 763
in temporary stockpiles for management with TSF haul equipment. Once the tailings are off-764
loaded, they will be spread, compacted, and graded with dozers into approximately 24-inch-thick 765
lifts and compacted in place initially with dozers and haul truck traffic and later with a vibrating 766
smooth drum roller. 767
The intention of the daily placement and grading work is to create a smooth, compacted surface 768
that will promote stormwater flow to a temporary stormwater collection point while minimizing the 769
potential for stormwater to collect and pool anywhere on the tailings surface. Collected stormwater 770
will be pumped from the collection point at the tailings surface directly to the CWMP located east 771
of the TSF. Water that infiltrates the TSF will be collected in the underdrain system and also 772
transferred to the CWMP. From there, water will be discharged to an unnamed tributary of Dixon 773
Branch. 774
Reclamation Phase 775
TSF reclamation will include the formation of a mounded top surface of compacted tailings graded 776
to drain to the TSF perimeter at a minimum surface grade of 3 percent. A minimum of 2 ft of 777
growth media will then be placed in loose lifts and revegetated with a native seed mix. BMPs will 778
be implemented to prevent erosion until vegetation is successfully established. Stormwater berms 779
and channels will be installed as necessary to control stormwater flows off the closed surface and 780
will be safely routed to the perimeter stormwater management system. Riprap lining or channel 781
erosion protection products will be employed where necessary. 782
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3.7 JURISDICTIONAL DETERMINATION (PCN SECTION C5) 783
3.7.1 Kings Mountain Mine Site 784
Wetland and stream resources were delineated on portions of the Kings Mountain Mine site by 785
ClearWater in December 2017. An AJD was issued by the USACE for the delineation in May 2018 786
(SAW-2018-00616, as provided in Appendix G). An updated delineation was conducted by SWCA 787
in 2022 and 2023, and AJD and PJD requests were submitted to the USACE on October 3, 2023. 788
Field reviews were conducted by Krysta Stygar (USACE) on February 28 and 29, 2023, and Emily 789
Greer (USACE) and Samantha Daily (USACE) on March 5, 2024. Sue Homewood (NCDEQ) 790
reviewed the site on March 5, 2024. 791
Subsequent to the March 5, 2024, agency field review, the proposed Project Area was modified. 792
SWCA conducted delineations on April 22 and May 21 through 23, 2024, for this additional area. 793
A revised PJD request was submitted to the USACE on July 12, 2024. No changes to the AJD 794
request were made. 795
3.7.2 Archdale TSF Site 796
Wetland resources were delineated on the Archdale TSF site by Atlas Environmental in 797
September 2019. An AJD was issued by the USACE for the delineation in September 2019 (SAW-798
2019-01131 [Appendix H]). An updated delineation was conducted by SWCA in 2023 and an AJD 799
request was submitted to the USACE on January 4, 2024. No field reviews were conducted on 800
the Archdale TSF site by either the USACE or NCDEQ. 801
No NCDEQ/USACE jurisdictional wetlands or streams occur on the Archdale TSF site. All aquatic 802
features were isolated. No further discussion of aquatic resources at the Archdale TSF site is 803
necessary for the Section 401 application. 804
3.8 ADDRESSES OF ADJOINING PROPERTY OWNERS (PCN 805
SECTION C7) 806
Addresses of adjoining property owners for the Kings Mountain Mine site and Archdale TSF site 807
are provided in Appendix I. 808
3.9 SCHEDULING OF ACTIVITY (PCN SECTION C8) 809
Table 8 provides the mining sequence, timing, and activities. 810
Table 8: Mining Sequence Time Periods and General Activities 811
Mine Sequence Designation
(Approximate Time Period) Mine Sequence Significant Activities*
Site Maintenance
(on-going)
Legacy pit dewatering at Kings Mountain and the Archdale TSF.
Site Preparation and Access
(-3.5 years)
Utility relocations, ROM pad clearing, access road and laydowns areas development,
perimeter buffer development, relocation of the Gateway Trail, and demolition.
Construction
(-2.5 years)
Infrastructure construction: Haul roads constructed including the in-pit haul road. ROM
pad, crushing circuit, I-85 bridge, concentrator, conveyor system, Kings Creek haul road
culvert, South Creek haul road crossing, RSF-A, RSF-X (initial Phase), WSB-1, NPI,
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Mine Sequence Designation
(Approximate Time Period) Mine Sequence Significant Activities*
concentrate and tailings load-out, growth media storage areas, WTP, and the
concentrator facility. Permanent and temporary impacts to wetlands and streams occur in
this time frame.
Operations
(0 year)
Infrastructure in place with the exception of RSF-X, which will be partially built. Mining and
concentrator facility operations commence.
Operations
(5 years)
Pit shell expanded to include consumption of the in-pit haul road. Rock continues to be
stockpiled, concentrate produced, tailings generated and stored, construction of new haul
road along the rim to transport material.
Closure
(9.4 years)
Mining complete.
Post-Closure/
Final Reclamation
Removal or final reclamation of all mine facilities, relocate PAG rock from RSF-X to the pit
as backfill, remove South Creek crossing haul road, breach WSB-1 dam, and other
activities identified in the mine closure plan. Temporary wetland/stream impacts restored.
*Stormwater management is required during all mining phases. Only significant activities are listed for each mine phase designation period. Blasting 812
activities and aggregate mining from the open pit and hauling offsite is associated with the 9.4-year open pit life of mine (development and production813
mining). Reclamation will occur concurrently with operations where possible and continue into the post-closure phase. 814
I-85 = Interstate 85; NPI = non-process infrastructure; PAG = potentially acid generating; ROM = run of mine; RSF = rock storage facility; TSF = tailings 815
storage facility; WSB = water storage basin; WTP = water treatment plant. 816
4 PROPOSED IMPACTS SUMMARY (PCN SECTION D) 817
All direct wetland and stream impacts will occur in the construction phase with the exception of 818
one small stream segment where impacts will occur during the operations phase from expansion 819
of the mine pit. This includes 5.43 acres of wetland impacts, 11.11 acres of open water impacts, 820
and 6,370 linear ft of stream impacts (1 acre). Figure 23 in Appendix A provides locations of the 821
proposed impact areas for the Project. The following provides details regarding each impact area. 822
Except for Impact Area 10: Mine Pit Expansion, all resources are under the jurisdiction of the 823
USACE and NCDEQ. Resources impacted within Impact Area 10 (446 linear ft) are only 824
jurisdictional to NCDEQ. 825
4.1 DIRECT IMPACTS SUMMARY (PCN SECTION D1) 826
The ten Project impact areas are depicted on the overview map (Figure 23, Appendix A) and 827
described below. Detailed maps showing WOTUS impacts are provided in Appendix A-1. 828
4.1.1 Impact Area 1: Northern Non-Process Infrastructure 829
Impact Area 1 includes portions of the NPI infrastructure support facilities necessary for the 830
operation of the mine (Figure 24, Appendix A). Permanent impacts include wetland feature 831
W-C01-PFO (0.30 acre), intermittent stream feature S-C03 (96 linear ft), and perennial stream832
features S-C02 (346 linear ft) and portions of S-A05 (861 linear ft). Clean fill material (4,466 cubic 833
yards [CY]) will be placed in these features to create building pads for infrastructure support 834
offices, warehouses, and other necessary mine operation facilities. A stormwater pond will be 835
constructed at the downstream end of the impacted portions of the perennial stream feature S-836
A05, which will provide stormwater management for the NPI area. The stormwater from the pond 837
will be pumped to WSB-1, but will also contain an emergency overflow that would discharge to an 838
existing culvert under the railroad tracks to the unimpacted portions of perennial stream S-A05. 839
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BMPs, such as silt fences, straw wattles, and turbidity screens, will be utilized prior to and during 840
construction to prevent sedimentation in downstream resources. Appropriate BMPs will be utilized 841
during operation to maintain water quality in downstream resources. 842
4.1.2 Impact Area 2: South Creek Road Crossing 843
Impact Area 2 is a temporary haul road crossing of South Creek for access to RSF-A for storage 844
of NAG material (Figure 25, Appendix A). Approximately 384 linear ft of perennial stream feature 845
S-A05 will be permanently impacted for the installation of a “bottomless” concrete culvert. The 846
stream channel will be modified (i.e., straightened) at this location during construction and to allow 847
installation of the structure. A “bottomless” concrete arch culvert will be used to maintain stream 848
channel integrity and substrate characteristics for the passage of aquatic species (Figure 31, 849
Appendix A). Channel banks will be stabilized after construction to prevent erosion and 850
sedimentation. Once RSF-A has reached capacity, the culvert will be removed, the channel banks 851
will be stabilized, and the straightened section of the stream bed will be left in place. BMPs, such 852
as silt fences, straw wattles, and turbidity screens, will be utilized prior to and during construction 853
to prevent sedimentation in downstream resources. Appropriate BMPs will be utilized during 854
operation to maintain water quality in downstream resources. 855
4.1.3 Impact Area 3: Overburden Storage Facility 1 856
Impact Area 3 is required for construction and operation of Overburden Storage Facility 1 (OSF-857
1) (Figure 25, Appendix A). The OSFs are stockpiles of material, typical saprolitic soils from the 858
upper 30 ft of unconsolidated material that will be excavated from under the RSF-A and RSF-X 859
areas to provide a stable foundation for the RSFs. The material will be stockpiled and used for 860
growth media during the reclamation phase. OSF-1 will be located immediately north of RSF-A 861
on the west side of the South Creek drainage. Approximately 113 linear ft of intermittent stream 862
features (33 linear ft S-A07 and 80 linear ft at S-A07A1), 1,326 linear feet of perennial stream 863
(1,054 linear ft at S-A07 and 272 linear ft at S-A07A), and 0.05 acre of PSS wetland will be filled 864
for the construction of the OSF-1 pile. In addition, two arch culverts, NC-Culv63 and NC-Culv64, 865
will be constructed to convey flows from S-A06 and S-A07 under the OSF-1 Access Road prior 866
to the tributary discharging into South Creek (S-A05). To allow the installation of these bottomless 867
culvert structures, 159 linear ft of S-A07 stream channel will be modified (i.e., straightened) at this 868
location. 869
BMPs, such as silt fences, straw wattles, and turbidity screens, will be utilized prior to and during 870
construction to prevent sedimentation in downstream resources. Appropriate BMPs, including a 871
stormwater pond, will be utilized during operation to maintain water quality in downstream 872
resources. 873
4.1.4 Impact Area 4: Rock Storage Facility A 874
Impact Area 4 is required to accommodate the volume of NAG waste rock material for the mining 875
operation (Figure 26, Appendix A). Approximately 0.02 acre of wetlands (W-A01, PFO), 1,296 876
linear ft of intermittent stream (1,037 linear ft at S-A04 and 259 linear ft at S-A02), and 440 linear 877
ft of perennial stream (S-A04) will be impacted. These resources will be filled with clean material 878
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(895 CY) for construction of the facility, including base footprint, toe of slope for stability, and 879
diversion channel for capture of surface water and groundwater (underdrains) to be routed to an 880
appropriate stormwater management system. BMPs, such as silt fences, straw wattles, and 881
turbidity screens, will be utilized prior to and during construction to prevent sedimentation in 882
downstream resources. Appropriate BMPs, including a stormwater pond, will be utilized during 883
operation to maintain water quality in downstream resources. 884
4.1.5 Impact Area 5: Kings Creek Haul Road 885
Impact Area 5 is for a haul road that will be required to move material from the mine pit to the 886
ROM pad (Figure 27, Appendix A). To minimize impacts, the haul road has been designed to be 887
located adjacent to the existing Holiday Inn Drive stream crossing. A 72-inch-diameter culvert 888
extension pipe will be installed to continue the existing culvert, and a new headwall will be 889
constructed. Approximately 116 linear ft of perennial stream (S-B08) will be permanently impacted 890
(322 CY) (Figures 32 and 33). BMPs, such as silt fences, straw wattles, and turbidity screens, will 891
be utilized prior to and during construction to prevent sedimentation in downstream resources. 892
Appropriate BMPs will be utilized during operation to maintain water quality in downstream 893
resources. 894
4.1.6 Impact Area 6: Run of Mine (ROM) Pad 895
Impact Area 6 is for clean material (3,091 CY) to be placed for construction of the ROM pad and 896
primary crusher facilities of the mine operation (Figure 27, Appendix A). Proposed impacts include 897
0.30 acre of wetlands, including W-B05-PEM (0.08 acre), W-B05-PSS (0.10 acre), and W-B06-898
PFO (0.12 acre), as well as 561 linear ft of perennial stream (S-B07). BMPs, such as silt fences, 899
straw wattles, and turbidity screens, will be utilized prior to and during construction to prevent 900
sedimentation in downstream resources. Appropriate BMPs, including a stormwater pond, will be 901
utilized during operation to maintain water quality in downstream resources. 902
4.1.7 Impact Area 7: Water Storage Basin 1 Dam Improvement 903
Impact Area 7 is for the modification of the existing on-site Executive Club Lake dam to create 904
Water Storage Basin 1. Executive Club Lake is formed by the legacy impoundment south of I-85 905
that was used to deposit tailings from previous mining operations. The impoundment embankment 906
was constructed to a crest elevation of 850 ft amsl with compacted fill. A concrete-lined trapezoidal 907
spillway was constructed to exit the impoundment area at an elevation of 845 ft amsl, which was 908
the original control on pool elevation during operations. In the early 2000s, a portion of the 909
embankment was breached to an elevation of approximately 820 ft amsl, and flows exiting 910
Executive Club Lake now flow freely over a rock spillway, joining with Kings Creek approximately 911
1,500 ft downstream of the lake. The current elevation allows for the storage of several feet of 912
water, and vegetated wetlands have become naturalized along the edges of the impounded 913
waters. 914
To form WSB-1, the dam structure will be restored to its original design elevation to supply make-915
up water for the concentrator plant, stormwater surge capacity, and as a source for haul road dust 916
control. Under normal operating conditions, flows exiting WSB-1 will be passively controlled 917
through a low-level outlet works consisting of an 18-inch-diameter vertical riser pipe set at 918
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elevation 830 ft amsl, 10 ft above the lowest point in WSB-1 and 20 ft below the crest of the WSB-919
1 embankment (which will be completed to elevation 850 ft amsl). The 100-year storm elevation 920
is 834 ft amsl. An emergency spillway is incorporated at elevation 843 ft amsl and is designed to 921
convey the Inflow Design Flood (IDF) with less than two feet of flow depth, resulting in a maximum 922
water level in WSB-1 of 845 ft amsl. A summary of key WSB-1 parameters and elevations is 923
presented in Table 9. 924
Proposed WSB-1 modifications include: 925
1. Clear and grub existing vegetation growth and roots from the existing embankment and 926
proposed expanded design footprint. 927
2. Reinstate the original embankment by placing and compacting suitable clean fill in the 928
embankment breach. 929
3. Install low-level outlet works to facilitate decanting the pool to a predetermined elevation 930
such that normal pool operations allow for both sediment retention and storm storage. 931
4. Repair and reconstruct, where necessary, the existing concrete-lined spillway, providing 932
for an outlet at 843 ft amsl, and include energy dissipation measures as required at the 933
downstream end to prevent undue erosion. 934
5. Construct a gravel blanket drain along the downstream face of the embankment and under 935
the proposed downstream embankment buttress. The top of the blanket drain will extend 936
to 845 ft amsl and be covered with compact clean fill to widen the embankment crest and 937
improve access conditions. 938
6. Construct a compacted fill buttress to improve the stability of the embankment and blanket 939
drain section. 940
Table 9: WSB-1 Parameters and Elevations 941
Parameter Description
Pond Crest Elevation 850 ft amsl
Spillway Invert Elevation 843 ft amsl
100-year Storm Elevation 834 ft amsl
Normal Operation Level Outlet Elevation 830 ft amsl
Pre and Post Construction Low Water Outlet Elevation 820 ft amsl
Contributing Watershed 281 acres
Spillway Bottom Width 16 ft
Riser Pipe Diameter 18 inches
amsl = above mean sea level; ft = feet; WSB = water storage basin. 942
Fill impacts for the WSB-1 dam modification improvements include 0.26 acre of wetland impacts 943
(0.03 acre at W-A39-PEM and 0.23 acre at W-B14-PFO), 0.14 acre of pond impacts (WB-B02), 944
and 226 linear ft of intermittent stream (S-A17) (Figure 28, Appendix A). Approximately 4,038 CY 945
of clean fill material will be discharged into wetland and stream resources. 946
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4.1.8 Impact Area 8: Water Storage Basin 1 Inundation 947
Impact Area 8 involves no fill, but only changes in water levels because of the dam modifications 948
(Figures 28 and 29, Appendix A). Wetland conversion impacts (3.18 acres) were calculated based 949
on the 830 ft amsl normal operating water elevation. In addition, 10.93 acres of open water would 950
increase in depth. Aquatic resources that would be inundated during the LOM include: 951
• Marsh (W-B14-PEM): 0.99 acre 952
• Shrub (W-B14-PSS): 1.80 acres 953
• Forested (W-B14-PFO): 0.90 acre 954
• Open Water (W-B14-PUB): 10.93 acres 955
At the end of the LOM, the WSB-1 dam will be breached, returning the outlet invert to elevation 956
820 ft amsl and allowing vegetated wetlands to re-establish. 957
4.1.9 Impact Area 9: Concentrator Facilities 958
Impact Area 9 is infrastructure generally associated with the concentrator facilities to be located 959
on the south side of I-85 (Figures 28 and 29, Appendix A). The fill activities in this area include 960
0.08 acre for the construction of a stormwater discharge pipe (0.03 acre at W-A16 PEM and 961
0.05 acre at W-A16 PSS), 0.20 acre for the construction of a riprap diffuser (0.16 acre at W-B14 962
PSS and 0.04 acre at W-B02 PUB), 0.06 acre for a rock check dam (W-B14 PSS), and 0.06 963
acre for a water intake pipe (W-B14 PSS). 964
4.1.10 Impact Area 10: Mine Pit Expansion 965
Impact Area 10 is for the expansion of the existing mine pit (Figure 30, Appendix A). One 966
isolated intermittent stream, S-13, was delineated in this area. During the March 5, 2024, 967
agency field review, the NCDEQ indicated that their agency would claim jurisdiction over this 968
stream feature, while the USACE determined that it was not a WOTUS. The mine expansion 969
would permanently impact the entire 446 ft of stream S-13. 970
4.2 WETLAND IMPACTS (PCN SECTION D2) 971
The successful operation of the Project will require nine areas that impact WOTUS. Table 10 972
provides a summary of proposed wetland impacts. 973
4.3 STREAM IMPACTS (PCN SECTION D2) 974
Table 11 provides a summary of proposed stream impacts. 975
4.4 OPEN WATER IMPACTS (PCN SECTION D3) 976
Table 12 provides a summary of proposed open water impacts. 977
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Table 10: Summary of Proposed Wetland Impacts 978
Wetland Impact
Site #
Reason for
Impact Impact Type Wetland Name Wetland
Type NCWAM Rating Type of
Jurisdiction
Impact area
(acres) Fill (CY)*
W1 Impact Area 1 Permanent W-C01-PFO PFO Headwater Forest USACE/NCDWR 0.30 2,940
W2 Impact Area 3 Permanent W-07A-PSS PSS Headwater Forest USACE/NCDWR 0.50 4,840
W3 Impact Area 4 Permanent W-A01-PFO PFO Headwater Forest USACE/NCDWR 0.02 194
W4 Impact Area 6 Permanent W-B05-PEM PEM Non-Tidal Freshwater Marsh USACE/NCDWR 0.08 774
W5 Impact Area 6 Permanent W-B05-PSS PSS Headwater Forest USACE/NCDWR 0.10 968
W6 Impact Area 6 Permanent W-B06-PFO PFO Headwater Forest USACE/NCDWR 0.12 1,162
W7 Impact Area 7 Permanent W-A39-PEM PEM Non-Tidal Freshwater Marsh USACE/NCDWR 0.03 290
W8 Impact Area 7 Permanent W-B14-PFO PFO Headwater Forest USACE/NCDWR 0.23 2,226
W9 Impact Area 8 Conversion W-B14-PEM PEM Non-Tidal Freshwater Marsh USACE/NCDWR 0.83 N/A (inundation)
W10 Impact Area 8 Conversion W-B14-PEM PEM Non-Tidal Freshwater Marsh USACE/NCDWR 0.16 N/A (inundation)
W11 Impact Area 8 Conversion W-B14-PFO PFO Headwater Forest USACE/NCDWR 0.32 N/A (inundation)
W12 Impact Area 8 Conversion W-B14-PFO PFO Headwater Forest USACE/NCDWR 0.36 N/A (inundation)
W13 Impact Area 8 Conversion W-B14-PFO PFO Headwater Forest USACE/NCDWR 0.20 N/A (inundation)
W14 Impact Area 8 Conversion W-B14-PFO PFO Headwater Forest USACE/NCDWR 0.02 N/A (inundation)
W15 Impact Area 8 Conversion W-B14-PSS PSS Headwater Forest USACE/NCDWR 1.69 N/A (inundation)
W16 Impact Area 8 Conversion W-B14-PSS PSS Headwater Forest USACE/NCDWR 0.11 N/A (inundation)
W17 Impact Area 9 Permanent W-B14-PSS PSS Headwater Forest USACE/NCDWR 0.06 581
W18 Impact Area 9 Permanent W-B14-PSS PSS Headwater Forest USACE/NCDWR 0.16 1,549
W19 Impact Area 9 Permanent W-B14-PSS PSS Headwater Forest USACE/NCDWR 0.06 581
W20 Impact Area 9 Permanent W-A16-PEM PEM Non-Tidal Freshwater Marsh USACE/NCDWR 0.03 290
W21 Impact Area 9 Permanent W-A16-PSS PSS Headwater Forest USACE/NCDWR 0.05 484
* Based on an average depth of 3 feet. 979
CY = cubic yards; N/A = not applicable; NCDWR = North Carolina Division of Water Resources; NCWAM = North Carolina Wetland Assessment Method; PEM = palustrine emergent; PFO = palustrine forested; 980
PSS = palustrine shrub/scrub; USACE = U.S. Army Corps of Engineers. 981
982
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Table 11: Summary of Proposed Stream Impacts 983
Stream Impact
Site # Reason for Impact Impact Type Stream Name Stream Type Type of
Jurisdiction
Stream Width
(average ft)
Impact area
(ft) Fill (CY)*
S1 Impact Area 1 Permanent S-A05-PER Perennial USACE/NCDWR 15 861 1,435
S2 Impact Area 1 Permanent S-C02-PER Perennial USACE/NCDWR 2 346 77
S3 Impact Area 1 Permanent S-C03-INT Intermittent USACE/NCDWR 2 96 14
S4 Impact Area 2 Permanent S-A05-PER Perennial USACE/NCDWR 15 384 N/A (Arch Culvert)
S5 Impact Area 3 Permanent S-A07A1-INT Intermittent USACE/NCDWR 2 80 12
S6 Impact Area 3 Permanent S-A07A-PER Perennial USACE/NCDWR 6 272 181
S7 Impact Area 3 Permanent S-A07-INT Intermittent USACE/NCDWR 4 33 10
S8 Impact Area 3 Permanent S-A07-PER Perennial USACE/NCDWR 6 1054 703
S9 Impact Area 3 Permanent S-A07-PER Perennial USACE/NCDWR 6 159 N/A (Arch Culvert)
S10 Impact Area 4 Permanent S-A02-INT Intermittent USACE/NCDWR 3 259 58
S11 Impact Area 4 Permanent S-A04-INT Intermittent USACE/NCDWR 2 1,037 154
S12 Impact Area 4 Permanent S-A04-PER Perennial USACE/NCDWR 10 440 489
S13 Impact Area 5 Permanent S-B08-PER Perennial USACE/NCDWR 25 116 N/A (Culvert)
S14 Impact Area 6 Permanent S-B07-PER Perennial USACE/NCDWR 3 561 187
S15 Impact Area 7 Permanent S-A17-INT Intermittent USACE/NCDWR 10 226 167
S16 Impact Area 10 Permanent S-A13-INT Intermittent NCDWR 2 446 99
* Based on an average depth of 3 feet for perennial streams and 2 feet for intermittent streams. 984
CY = cubic yards; ft = feet; N/A = not applicable; NCDWR = North Carolina Division of Water Resources; USACE = U.S. Army Corps of Engineers. 985
Table 12: Summary of Proposed Open Water Impacts 986
Open Water
Impact Site # Reason for Impact Impact Type Name of Waterbody Activity Type Waterbody Type Impact area (acres) Fill (CY)*
P1 Impact Area 7 Permanent WB-B02-PUB Fill Lake 0.14 1,355
P2 Impact Area 8 Temporary WB-B02-PUB Flooding Lake 10.93 N/A (inundation)
P3 Impact Area 9 Permanent WB-B02-PUB Fill Lake 0.04 387
* Based on an average depth of 6 feet. 987
CY = cubic yards; N/A = not applicable. 988 989
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4.5 INDIRECT IMPACTS 990
Potential indirect impacts include erosion and sedimentation to downstream aquatic resources 991
from the Project’s construction and operation activities. The Project has been designed to include 992
erosion and sediment control BMPs and other mitigation measures to avoid and minimize indirect 993
impacts on wetlands, streams, and other waterbodies to the maximum extent practicable. Further, 994
the Project has been designed, and would be constructed, in a manner consistent with all federal, 995
state, and local requirements pursuant to the Clean Water Act (CWA), North Carolina Mine 996
Regulations, North Carolina Erosion and Sediment Control Regulations, and North Carolina 997
Stormwater Management Program Regulations. 998
4.6 CUMULATIVE IMPACTS 999
As a percentage of the watershed, the Project's impact on aquatic resources is minor. No new 1000
development outside the Project Area would result from the Project activities. Table 13 provides 1001
an analysis of impacts within the Project Area and within the Kings Creek Basin (HUC 1002
0305010509). 1003
Table 13: Aquatic Resources Impacts as a Percentage of Resource (Site and Basin) 1004
Resource Resource On-
Site Impacted % On-Site
Resource
Resource in
Basina
% Basin
Resource
Wetlands 40.22 acres 5.43 acres 13.5 3,370.11 acres 0.16
Lakes/Ponds 20.88 acres 0.18 acre 0.86 347.98 acres 0.05
Streams 22,527 linear ft 6,370 linear ft 28.28 898,992 linear ft 0.65
a Based on NHD and NWI mapped data. 1005
5 IMPACT JUSTIFICATION AND MITIGATION (PCN SECTION E) 1006
5.1 DESCRIPTION OF AVOIDANCE AND MINIMIZATION MEASURES 1007
INCORPORATED IN THE PROJECT DESIGN (PCN SECTION E1A) 1008
5.1.1 Alternative Analysis 1009
The National Environmental Policy Act (NEPA) requires that, prior to funding, authorizing, or 1010
implementing an action, federal agencies consider the effects that their proposed action may have 1011
on the environment and the related social and economic effects as early as possible in any given 1012
decision-making process. An Environmental Assessment (EA) is being prepared for the proposed 1013
Project, which received funding from the DOE and Department of Defense (DOD) and required a 1014
permit authorization from the USACE under Section 404 of the Clean Water Act (CWA). The DOE 1015
will act as the lead federal agency for the NEPA evaluation, with the USACE being a cooperative 1016
agency. An evaluation of alternatives is required under NEPA and under the CWA Section 1017
404(b)(1) Guidelines for projects that include the discharge of dredged or fill material into WOTUS 1018
(40 CFR 230). NEPA requires discussion of a reasonable range of alternatives, including the no 1019
action alternative, and the effects of those alternatives; under the guidelines, practicability of 1020
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alternatives is taken into consideration, and no alternative may be permitted if there is a less 1021
environmentally damaging practicable alternative. The complete EA and Findings of No 1022
Significant Impact will be provided on the DOE website at https://www.energy.gov/nepa/doe-1023
environmental-assessments. 1024
In accordance with the Guidelines at 40 CFR 230.10(a), a permit cannot be issued if a practicable 1025
alternative exists that would have less adverse impact on the aquatic ecosystem (known as the 1026
Least Environmentally Damaging Practicable Alternative [LEDPA]), provided that the LEDPA 1027
does not have other significant adverse environmental consequences to other natural ecosystem 1028
components. The discussion of the Project site selection evaluation, the on-site alternative 1029
designs, and the inclusion of minimization measures are provided below to support the 1030
determination that the Project, as described in this permit application, is the LEDPA. 1031
No Action Alternative 1032
Under the No Action Alternative, a hard rock lithium mine would not be constructed in the TSB, 1033
and battery-grade lithium hydroxide made from lithium-bearing spodumene concentrates 1034
produced from hard rock mining would not be brought to the U.S. market from a domestic source 1035
to supplement current needs. The majority of lithium chemicals would still be imported from 1036
outside the United States to meet the domestic demand. If the majority of lithium chemicals were 1037
imported to the United States, the cost of these chemicals would ultimately drive up the prices of 1038
lithium-ion batteries and the products that use them, such as EVs. It can be assumed that there 1039
are environmental impacts associated with mines located outside the United States, especially in 1040
areas where environmental regulations may be less stringent, although the magnitude of impacts 1041
is unknown. 1042
Action Alternative Sites 1043
Five Action Alternative sites were evaluated (Figure 34, Appendix A): the Hallman-Beam Mine, 1044
the Kings Mountain Quarry, the Imerys Mine, the Archdale Mine, and the Kings Mountain Lithium 1045
Mine (Preferred Alternative). Each site was screened to determine their practicability in 1046
implementing the Project’s purpose. 1047
5.1.2 Alternative Site Selection Screening Criteria 1048
In order to be practicable, an alternative site must be available, achieve the overall Project 1049
purpose, and be feasible when considering cost, logistics, and existing technology. The screening 1050
criteria for evaluating alternative sites for the Project included the following: 1051
• Location (Screening Criteria A): The Carolina Tin-Spodumene Belt (TSB) is the most 1052
extensive and historically important lithium pegmatite deposit in North America. The 1053
spodumene-bearing pegmatites crop out in a narrow belt that begins at the South 1054
Carolina-North Carolina border, near the city of Grover in North Carolina, runs northeast 1055
through Kings Mountain, North Carolina, and spans beyond Lincolnton, North Carolina. 1056
The TSB contains over half of the nation’s lithium resources/reserves. Spodumene-based 1057
lithium mines in the TSB were historically the world’s leading producer of lithium from the 1058
1950s to the 1980s. The historic knowledge of mineralized spodumene locations within 1059
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the TSB at legacy and current mines narrow potential alternative sites and saves capital 1060
exploration costs. The alternative site would only be considered practicable and achieve 1061
the overall Project purpose if it is located within the TSB and the site is known to contain 1062
spodumene. 1063
• Mining Technology (Screening Criteria B): There are two primary processes for sourcing 1064
lithium: 1) lithium from brine; and 2) lithium from hard rock. Lithium brine deposits are 1065
typically found in arid regions where brine is pumped to the surface to be evaporated in a 1066
series of ponds and processed into lithium carbonate. Lithium from hard rock is typically 1067
hosted in pegmatites and mined in a conventional manner, like aggregate production, 1068
where rock is drilled, blasted, sorted, and processed. Lithium from hard rock deposits can 1069
be processed into either lithium carbonate or lithium hydroxide. The latter is favored by 1070
battery producers. Hardrock mining can be accomplished in an open pit mine or an 1071
underground mine. Open pit mining is a more favored technique due to the loss of 1072
resources from the “room and pillar” operation of an underground mine where up to 40 1073
percent of ore would be “lost” in the pillars. An open pit, hard rock mine is the preferred 1074
mining technique for spodumene extraction in the region because the mineral is contained 1075
within pegmatite host rock near the surface. All historic lithium mines within the TSB were 1076
open pit mines. To achieve the Project purpose of extracting spodumene-containing 1077
lithium, the alternative site would only be considered practicable if it relied upon open pit, 1078
hard rock mining techniques. 1079
• Historic/Active Mine Site (Screening Criteria C): Historic/active mine sites are those areas 1080
with historical operations or existing mining operations. These areas typically have existing 1081
infrastructure such as roads, power and, in some cases, processing facilities. In addition, 1082
there is a sense of community (stakeholder) acceptance of the operation. Greenfield sites 1083
refer to those areas that involve searching for mineral deposits in unexplored regions 1084
where no significant mining activities have taken place. There is typically no infrastructure 1085
in place and no previous community (stakeholder) engagement. Moreover, greenfield sites 1086
would necessarily have a greater adverse impact on natural resources than areas that 1087
have previously been disturbed by historic or existing mining operations. To achieve the 1088
Project purpose, the alternative site would only be considered if there was a historic or 1089
ongoing mining activity. 1090
• Property Availability (Screening Criteria D): Availability of both the parent parcel and 1091
adjacent parcels would be required. The alternative site would only be considered 1092
practicable and achieve the Project purpose if the current landowner(s) would be willing 1093
to sell or lease the parent parcel. 1094
5.1.3 Site Alternatives Evaluation 1095
Site Alternative 1: Hallman-Beam Mine 1096
The former Hallman-Beam Lithium Mine was one of the largest lithium producers between the 1097
1950s and 1990s, with spodumene being mined in a hard rock open pit mine. The lithium mine 1098
closed in 1998 and was purchased by Martin Marietta Materials. It continues to operate as a hard 1099
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rock mine for construction aggregates (DEMLR Mine Permit No.36-01). The parent parcel is 1100
approximately 627 acres and under one ownership. A desktop review of the National Wetland 1101
Inventory (NWI) and National Hydrography Dataset (NHD) indicates that aquatic resources occur 1102
on the Project site. Impacts to aquatic resources would be variable depending on parcel 1103
availability and mine plan, but it is assumed that they would be minimized to create the least 1104
impact possible. 1105
• Location (Screening Criteria A): The alternative would satisfy this screening criteria as it 1106
is located within the TSB and is known to contain spodumene. 1107
• Mining Technology (Screening Criteria B): This alternative satisfies the screening criteria 1108
as it was a former open pit lithium mine and is currently an active open pit aggregates 1109
mine; however, the infrastructure would require retrofit for processing spodumene. 1110
• Historic/Active Mine (Screening Criteria C): The alternative would satisfy this screening 1111
criteria as the site is an active hard rock mining operation and permitted under DEMLR 1112
Mine Permit No.36-01. 1113
• Property Availability (Screening Criteria D): This alternative would not satisfy the screening 1114
criteria as the parent parcels are not available for purchase or lease. 1115
The parent parcels are not for sale, as it is Martin Marietta Materials’ intent to continue processing 1116
construction aggregates. As such, this alternative would not satisfy the screening criteria as the 1117
parent parcels are not available for purchase or lease. 1118
Site Alternative 2: Kings Mountain Quarry 1119
The Kings Mountain quarry, located adjacent to the Kings Mountain Lithium Mine, is owned and 1120
operated by Martin Marietta Materials as a hard rock aggregate quarry (DEMLR Mine Permit No. 1121
23-02). The parent parcels are approximately 418 acres. This quarry has a history of impacts to 1122
wetlands and streams to support its current operation. Additional impacts to aquatic resources 1123
would be variable depending on parcel availability and mine plan, but it is assumed that there 1124
would be impacts based on the NWI and NHD. 1125
• Location (Screening Criteria A): The alternative does not satisfy this screening criteria. 1126
Although it is located within the TSB, there is no evidence that spodumene exists in the 1127
mining parcel. 1128
• Mining Technology (Screening Criteria B): This alternative satisfies the screening criteria 1129
as it is currently an active open pit aggregates mine; however, the infrastructure would 1130
require retrofit for processing spodumene. 1131
• Historic/Active Mine (Screening Criteria C): The alternative would satisfy this screening 1132
criteria as the site is an active hard rock mining operation and permitted under DEMLR 1133
Mine Permit No. 23-02. 1134
• Property Availability (Screening Criteria D): This alternative would not satisfy the screening 1135
criteria as the parent parcels are not available for purchase or lease. 1136
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The parent parcels are not for sale, as it is Martin Marietta Materials’ intent to continue processing 1137
construction aggregates. As such, this alternative would not satisfy the screening criteria as the 1138
parent parcels are not available for purchase or lease. 1139
Site Alternative 3: Imerys Mine 1140
The Imerys Mica Mine has been in operation since the 1960s and continues to operate as an 1141
open pit mine (DEMLR Mine Permit No. 23-03) The parent parcels comprise approximately 1142
423 acres located within the TSB under one owner. Even though this mine is located within the 1143
TSB, there is no evidence that the site contains spodumene. A desktop review of NWI and NHD 1144
data sets indicates that aquatic resources occur within the Project site. Impacts to aquatic 1145
resources would be variable depending on parcel availability and mine plan, but it is assumed 1146
that there would be impacts based on the NWI and NHD data sets. 1147
• Location (Screening Criteria A): The alternative does not satisfy this screening criteria. 1148
Although it is located within the TSB, there is no evidence that spodumene exists in the 1149
mining parcel.. 1150
• Mining Technology (Screening Criteria B): This alternative satisfies the screening criteria 1151
as it is currently an active open pit mine; however, the infrastructure would require retrofit 1152
for processing spodumene. 1153
• Historic/Active Mine (Screening Criteria C): The alternative would satisfy this screening 1154
criteria as the site is an active mining operation and permitted under DEMLR Mine Permit 1155
No. 23-03. 1156
• Property Availability (Screening Criteria D): This alternative would not satisfy the screening 1157
criteria as the parent parcels are not available for purchase or lease. 1158
The parent parcels are not for sale, as it is Imerys’ intent to continue mining and processing mica. 1159
As such, this alternative would not satisfy the screening criteria, as the parent parcels are not 1160
available for purchase or lease. 1161
Site Alternative 4: Archdale Mine 1162
The Archdale Mine is adjacent to the Imerys Mine and operates under the Imerys Mine permit 1163
(DEMLR Mine Permit No. 23-03). The parent parcels comprise approximately 643 acres within 1164
the TSB. Even though it is located within the TSB, there is no evidence that the site contains 1165
spodumene. A desktop review of the NWI and NHD indicates that aquatic resources occur within 1166
the Project site. Impacts to aquatic resources would be variable depending on parcel availability 1167
and mine plan, but it is assumed that there would be impacts based on the NWI and NHD. 1168
• Location (Screening Criteria A): The alternative does not satisfy this screening criteria. 1169
Although it is located within the TSB, there is no evidence that spodumene exists in the 1170
mining parcel.. 1171
• Mining Technology (Screening Criteria B): This alternative satisfies the screening criteria 1172
as it is currently an active open pit mine; however, the infrastructure would require retrofit 1173
for processing spodumene. 1174
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• Historic/Active Mine (Screening Criteria C): The alternative would satisfy this screening 1175
criteria as the site is an active mining operation. 1176
• Property Availability (Screening Criteria D): This alternative would not satisfy the screening 1177
criteria as only a small portion of the parent parcels are available for purchase or lease. 1178
The parent parcels are not for sale, as it is Imerys’ intent to continue mining and processing mica. 1179
As such, this alternative would not satisfy the screening criteria, as the parent parcels are not 1180
available for purchase or lease. 1181
Site Alternative 5: Kings Mountain Lithium Mine (Preferred Alternative) 1182
The Preferred Alternative is the former Foote Mineral Company Lithium Mine. This open pit mine 1183
operated from 1938 until the mid-1980s and was one of the largest producers of lithium in the 1184
world. The Foote Mineral Company and the associated property have gone through several 1185
acquisitions, and most recently, in 2015, Albemarle acquired the company and property. The 1186
parent parcel is approximately 771 acres and is currently permitted for mining (DEMLR Permit 1187
Nos. 23-01 and 23-34). Adjacent property to the Preferred Alternative boundary was available for 1188
purchase or lease. Recent exploration has indicated that additional spodumene resources are 1189
available for extraction. A desktop review of the NHD and NWI features indicates that the site has 1190
headwaters of Kings Creek and South Creek. 1191
• Location (Screening Criteria A): The alternative would satisfy this criteria as it is in the 1192
TSB. Recent exploration indicates that there is mineralized spodumene in the area. 1193
• Mining Technology (Screening Criteria B): This alternative satisfies the screening criteria 1194
as it is currently an active open pit mine; however, the infrastructure would require retrofit 1195
for processing spodumene. 1196
• Historic/Active Mine (Screening Criteria C): The alternative would satisfy this screening 1197
criteria as the site is a legacy mining operation with two active mine permits. 1198
• Property Availability (Screening Criteria D): This alternative will satisfy the screening 1199
criteria as approximately 1,146 acres are under ownership and/or lease. 1200
Alternative Site Screening Summary 1201
Table 13 compares the screening criteria for the five site alternatives. Based on the screening, 1202
the Preferred Alternative (Site 5) is the only viable option for the Project. 1203
Table 13: Alternative Site Screening Summary 1204
g
Alternatives
A B C D
Location/Spodumene
Mining
Technology
Historic/
Active Mine Availability
Site 1. Hallman-Beam Mine Yes Yes Yes No
Site 2. Kings Mountain Quarry No Yes Yes No
Site 3. Imerys Mine No Yes Yes No
Application for Section 401 Individual Water Quality Certification for the Kings Mountain Lithium Mine Project
Doc No.: KM60-EN-RP-9433 46 Revision: v3
Site 4. Archdale Mine No Yes Yes No
Site 5. Kings Mountain Lithium
Mine (Preferred Alternative)
Yes Yes Yes Yes
5.1.4 On-Site Alternative Analysis 1205
The Kings Mountain Lithium Mine site is the only option that meets the Project’s purpose and 1206
need. Various alternative on-site layouts were considered during Project design and development. 1207
Each major iteration of the site design improved the avoidance and minimalization of impacts on 1208
WOTUS. There have been three major iterations of the Project design: 1) Kings Mountain Mine 1209
site only; 2) Kings Mountain Mine site with the Archdale site for the TSF; and 3) Kings Mountain 1210
Mine site with the Archdale site for the TSF, and a Partnership with Martin Marietta Materials to 1211
Utilize the Aggregate Byproduct of the mining process instead of storing it onsite (Project). The 1212
final site layout (Figures 19 and 20, Appendix A) was designed based on data collected during 1213
the drilling program and various baseline studies and was evaluated in the EA. 1214
On-Site Alternative 1: Kings Mountain Mine Site Only 1215
This alternative would restart the mine, having all operations and storage of materials within the 1216
approximately 1,146-acre Kings Mountain Mine site, plus an additional 73 acres of adjacent land 1217
to store the tailings. Within the Kings Mountain Mine site, where a field delineation has been 1218
conducted, wetland, stream, and open water impacts from On-Site Alternative 1 would be at least 1219
36.40 acres, 13,834 linear feet, and 0.40 acres, respectively. Most of South Creek and South 1220
Creek Reservoir would be filled (Figure 35, Appendix A). In addition, since the acquisition of the 1221
additional 73 acres of adjacent land was not pursued, there are no wetland delineations to 1222
calculate potential additional WOTUS impacts that would likely result from development beyond 1223
the Kings Mountain Mine site boundary. 1224
On-Site Alternative 2: Kings Mountain Mine Site with the Archdale TSF Site 1225
Approximately 10,757,620 tons of tailings are anticipated to be generated during the permitted 1226
LOM. The Archdale TSF site, described in Section 3, above, was specifically purchased by 1227
Albemarle to reduce the amount of material that would be discharged into WOTUS under On-Site 1228
Alternative 1. No jurisdictional WOTUS occur within the Archdale TSF site. Acquiring the Archdale 1229
site for the TSF removes any potential WOTUS impacts in the additional 73 acres of adjacent 1230
land to the Kings Mountain Mine that would have been required are assumed to have some 1231
additional WOTUS. 1232
On-Site Alternative 3 (Project): Kings Mountain Mine Site with the Archdale TSF Site, and 1233
Partnership with Martin Marietta Materials to Utilize the Aggregate Byproduct 1234
To further reduce the amount of material that would be discharged into WOTUS, Albemarle has 1235
entered into a partnership agreement with Martin Marietta Materials to receive and sell any 1236
aggregate that is a byproduct of the mining operation. Approximately 42,000,000 tons of 1237
aggregate is anticipated to be delivered to Martin Marietta Materials over the LOM. By removing 1238
the need for this waste rock to be stored in the Kings Mountain Mine site, Albemarle was able to 1239
avoid impacting most of South Creek and associated headwaters and wetlands, as well as the 1240
Application for Section 401 Individual Water Quality Certification for the Kings Mountain Lithium Mine Project
Doc No.: KM60-EN-RP-9433 47 Revision: v3
South Creek Reservoir. This was accomplished mainly by the ability to separate RSF-A and RSF-1241
X in the design from the reduction in material needed to be stored on-site (Figure 35, Appendix 1242
A). 1243
The estimated reduction to wetland, stream, and open water impacts from implementing On-site 1244
Alternative 3 (Project) would be at least 31.08 acres, 7,910 linear ft, and 0.22 acre, respectively. 1245
These numbers do not include the potential additional reduction of WOTUS impacts to the 1246
73 acres of adjacent land to the Kings Mountain Mine site that would be needed if the Archdale 1247
TSF site was not implemented. 1248
Summary of On-Site Alternative Analysis 1249
Table 14 compares the WOTUS impacts for the three on-site alternatives evaluated for the 1250
Preferred Alternative Site. Based on the analysis, On-Site Alternative 3 (Project) would result in 1251
the least impact on WOTUS. 1252
Table 14: On-Site Alternatives Summary of WOTUS Impacts 1253
WOTUS DIRECT FILL IMPACTS
On-Site Alternative Wetlands (acres) Streams (feet) Open Water (acres)
Alternative 1a 12.08 13,547 20.08
Alternative 2 12.08 13,547 20.08
Alternative 3b 5.43 5,924 0.18
a Does not include additional WOTUS impacts assumed to occur within an additional 73 acres of adjacent land for required tailings storage. 1254
b Does not include 446 ft of isolated stream impact that is DWR jurisdictional only. 1255
5.2 DESIGN PLAN AVOIDANCE AND MINIMIZATION MEASURES 1256
THROUGH CONSTRUCTION TECHNIQUES (PCN SECTION E1B) 1257
In addition to the on-site alternatives described above, these additional avoidance and 1258
minimization measures are included in the final design plan: 1259
• Maximizing vegetative buffers around the entire perimeter of the Project site, as required 1260
by the City of Kings Mountain. The perimeter berms will be located to avoid wetlands and 1261
waterbodies and, instead, maintain existing vegetation to insulate potential visual impacts 1262
to the community from the mine. 1263
• Establishing wetland and stream buffers of 50 ft to avoid indirect impacts. 1264
• Dividing RSF-X and RSA-A to minimize impacts to South Creek. 1265
• Avoiding the deposition of rock or tailings in the South Creek reservoir. 1266
• Considered and dismissed using the depression east of OSF-1 and west of the rail spur 1267
for water or overburden storage. 1268
• Utilizing existing stream crossings where practicable to avoid direct impacts. 1269
Application for Section 401 Individual Water Quality Certification for the Kings Mountain Lithium Mine Project
Doc No.: KM60-EN-RP-9433 48 Revision: v3
• Installing bottomless arch culverts for the South Creek Haul Road crossing and two 1270
tributaries to South Creek. 1271
• Protecting streams with stormwater BMPs. Sediment and erosion control measures would 1272
be used to prevent impacts to downstream waters. 1273
• Implementing a Storm Water Pollution Prevention Plan (SWPPP) and Spill Prevention, 1274
Control, and Countermeasure Plan (SPCCP). 1275
• Locating all stormwater pond discharge outlets will be in uplands, including diffusers. 1276
• Avoiding construction in the 100-year floodplain. 1277
• Keeping construction equipment in upland areas. 1278
• Preventing live concrete from coming into contact with surface waters. 1279
• Monitoring water quality for site discharge. 1280
5.3 Determination of LEDPA 1281
Based on the review of the site selection evaluation process, the on-site alternative analysis data, 1282
and the implementation of design and construction minimization measures, it is the Applicant’s 1283
opinion that On-Site Alternative 3 (Project) is the LEDPA. The site selection process only 1284
examined potential sites with historic or existing mining operations to avoid the significant adverse 1285
impacts on natural ecosystems that would accompany the development of a greenfield site. On-1286
site alternatives were evaluated, which were able to reduce the impacts on aquatic resources 1287
significantly, and BMPs and other minimization measures avoid and minimize direct and indirect 1288
impacts on wetlands, streams and other waterbodies to the maximum extent practicable. In 1289
addition, the Project will not adversely affect federal or state-listed protected species or known 1290
cultural resources. The Project will adhere to all USFWS and NC SHPO recommendations 1291
provided through Section 7 and Section 106 consultations, respectively. Further, the Project has 1292
been designed, and would be constructed, in a manner consistent with all federal, state, and local 1293
requirements pursuant to the CWA, North Carolina Mine Regulations, North Carolina Erosion and 1294
Sediment Control Regulations, and North Carolina Stormwater Management Program 1295
Regulations. 1296
6 COMPENSATORY MITIGATION (PCN SECTION E2) 1297
Tables 15 and 16 present the summary of impacts by aquatic resource type and the proposed 1298
compensatory mitigation credits to be purchased. No private mitigation banks service the Project 1299
Area. As such, Albemarle will most likely purchase mitigation credits from the North Carolina 1300
Division of Mitigation Services (NCDMS) to offset the impacts to aquatic resources permanently 1301
impacted by Project activities. The NCDMS acceptance letter is provided in Appendix J. 1302
Albemarle is also considering a Permittee Responsible Mitigation (PRM) plan as a compensatory 1303
mitigation option. No PRM plan is available for agency review as of this application submittal. If 1304
the PRM plan can be developed and approved by the agencies prior to the start of Project 1305
Application for Section 401 Individual Water Quality Certification for the Kings Mountain Lithium Mine Project
Doc No.: KM60-EN-RP-9433 49 Revision: v3
activities, Albemarle may request that PRM compensatory mitigation be used instead of 1306
purchasing NCDMS credits. 1307
Table 15: Compensatory Mitigation Impact Analysis 1308
Aquatic Resource
Type Impact Type Permanent Impacts Mitigation Ratio Mitigation Credits
Wetlands Permanent 1.74 acres 2:1 3.48 acres
Wetlands Conversion 3.69 acres 1:1 3.69 acres
Streams, Perennial Permanent 4,193 linear feet 2:1 8,386 linear feet
Streams, Intermittenta Permanent 2,177 linear feet 1:1 2,177 linear feet
Open Water Permanent 0.18 acre 0:1 0 acres
Open Water Temporary 10.93 acres 0:1 0 acres
a Includes 446 ft of isolated stream impact that is DWR jurisdictional only. 1309
Table 16: Summary of Required Credits 1310
Credit Type Total Required Credits
Wetland Credits 7.17 acres
Stream Credits 10,563 linear ft
a Includes required credits for 446 ft of isolated stream impacts that are DWR jurisdictional only. 1311
7 ENDANGERED SPECIES AND DESIGNATED CRITICAL HABITAT 1312
(PCN SECTION G5) 1313
7.1 FEDERALLY LISTED SPECIES 1314
Three species were identified in the U.S. Fish and Wildlife Service (USFWS) Information for 1315
Planning and Consultation (IPaC) resource list (downloaded May 30, 2024) as having potential to 1316
occur in the Project Area or vicinity (Table 17). In addition, the Project is within the range of the 1317
little brown bat (Myotis lucifugus), which is under review by the USFWS (Table 16). There are no 1318
USFWS-designated critical habitats for federally listed species within the Project Area. Tricolored 1319
bat (Perimyotis subflavus) was detected throughout the Project Area during acoustic surveys. 1320
This bat is not currently listed, but the USFWS has proposed listing this species as endangered 1321
and it has been included in Table 16. Development within the Project Area would impact forested 1322
habitat used by this species and other bats during the summer season. 1323
Table 17: USFWS Federally Listed Species with Potential to Occur within the Project Area 1324
Common Name
(Scientific Name) Listed Status Habitat Potential to Occur Within
Project Area
Little brown bat
(Myotis lucifugus)
Under Review Roosts include trees, buildings, wood piles,
and under rocks. Forages around water
sources, forest edge.
Low; not detected during 2022
bat acoustic surveys.
Northern long-eared bat
(Myotis septentrionalis)
Endangered Summer roosting in trees with loose bark
over 3 inches in diameter, winters in caves,
forages in forest understory.
Low; outside of 2023 revised
range and not detected during
2022 bat acoustic surveys.
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Doc No.: KM60-EN-RP-9433 50 Revision: v3
Common Name
(Scientific Name) Listed Status Habitat Potential to Occur Within
Project Area
Tricolored bat
(Perimyotis subflavus)
Proposed
Endangered
During the spring, summer, and fall (i.e., non-
hibernating seasons), it primarily roosts
among live and dead leaf clusters of live or
recently dead deciduous hardwood trees.
During winter, it hibernates in caves, culverts,
and abandoned water wells. Forages both in
treetops and closer to ground.
High; detected during 2022 bat
acoustic surveys.
Monarch butterfly
(Danaus plexippus)
Candidate Prairies, meadows, grasslands, and
roadsides with milkweed (Asclepias spp.) and
flowering plants.
Low; very limited suitable
habitat along utility rights-of-
way; individuals not identified
during 2022-2024 habitat
surveys.
Dwarf-flowered heartleaf
(Hexastylis naniflora)
Threatened Acidic soils along bluffs and adjacent slopes,
boggy areas next to streams and creek
heads, and along slopes of nearby hillsides
and ravines. Endemic to upper Piedmont of
North Carolina and South Carolina.
Low; suitable habitat observed;
however, this species was not
identified during
presence/absence surveys in
2022 and 2024.
Source: USFWS 2024 IPaC list of species that potentially occur in the Project Area. 1325
Note: Northern long-eared bat was included on the IPaC list in 2022 and was therefore included in the 2022 bat acoustic surveys. The Project is not 1326
within the current range, which was revised in 2023. 1327
Section 7 consultation has been initiated with the USFWS as part of the DOE NEPA process. On 1328
September 5th, 2024, the USFWS provided comments on the DOE draft EA and consultation 1329
ongoing. 1330
7.2 STATE LISTED SPECIES 1331
State-listed species are those listed by the State of North Carolina as endangered, threatened, 1332
and species of special concern and are protected by the North Carolina Wildlife Resources 1333
Commission (NCWRC) via the North Carolina Endangered Species Act of 1987. The NCWRC 1334
state-listed species for Cleveland County were reviewed to assess whether the species have 1335
potential to occur in the Project Area. Based on a desktop review and field surveys conducted in 1336
2022 through 2024, the timber rattlesnake (Crotalus horridus), American bittersweet (Celastrus 1337
scandens), and smooth sunflower (Helianthus laevigatus) have the potential to occur in the 1338
Project Area based on suitable habitat. However, surveys in 2022 and 2023 did not find American 1339
bittersweet or smooth sunflower to be present. Surveys were not conducted for timber rattlesnake 1340
due to the lack of predictive survey areas within the Project Area (e.g., rock outcrops) and the 1341
secretive nature of the species. However, numerous biological surveys were conducted 1342
throughout a diversity of habitats (e.g., forests, floodplains) in the Project Area during various 1343
seasons in 2022 through 2024, and no timber rattlesnakes were observed. Therefore, it is unlikely 1344
for this species to be encountered during Project activities. All other state-listed species have a 1345
low or very low potential to occur, primarily due to lack of suitable habitat. 1346
8 CULTURAL RESOURCES (PCN SECTION G7) 1347
Historic architecture and archaeological site surveys were conducted throughout the Kings 1348
Mountain and Archdale sites, as described below. In summary, the Project has the potential to 1349
adversely affect historic structures that are eligible for listing on the National Register of Historic 1350
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Doc No.: KM60-EN-RP-9433 51 Revision: v3
Places (NRHP); no eligible archaeological resources would be affected. All North Carolina State 1351
Historic Preservation Office (NC SHPO) correspondence received to date is provided in Appendix 1352
K. 1353
8.1 HISTORIC ARCHITECTURE 1354
During the first historic structures survey, which was conducted in 2023 for the Kings Mountain 1355
Mine site, SWCA intensively surveyed 59 aboveground historic-age resources. Based on the 1356
available documentation and research, SWCA recommended 46 as not eligible and 13 as eligible 1357
for the NRHP. On February 27, 2024, the NC SHPO concurred on the eligibility of four of these 1358
properties and stated that the proposed Project has the potential to adversely impact these four 1359
properties and the Margrace Mill Historic District (CL0350). The Project will create physical and 1360
non-physical impacts to historic-age properties in this area. Physical impacts include the 1361
demolition of historic-age resources on properties owned by Albemarle, including intentions to 1362
demolish the recommended eligible properties at Park Grace School (CL0291) and Macedonia 1363
Baptist Church (CL1717), among other non-eligible structures. The Project will also include 1364
industrial operations and blasting. This activity will create non-physical impacts, including visual, 1365
vibratory, and auditory impacts, that may affect historic-age resources in the area of potential 1366
effect (APE), including the four eligible properties. 1367
A meeting to discuss potential adverse effects was held virtually on May 9, 2024, between the 1368
NC SHPO, Albemarle, and SWCA. Data were presented on potential effects, including the 1369
potential demolition of historic buildings on mine property and other direct and indirect effects 1370
(e.g., noise, vibration) to resources beyond the mine’s footprint. The NC SHPO, in consultation 1371
with Albemarle and other consulting parties, will make formal determinations of effect once a final 1372
APE for historic architecture resources is defined. 1373
During additional historic structures surveys conducted in 2023 and 2024 on the Archdale TSF 1374
site, SWCA intensively surveyed 91 aboveground historic-age resources (84 historic-age legal 1375
parcels and 7 previously recorded resources). Based on the available documentation and 1376
research, SWCA recommended 88 properties not eligible, 2 properties eligible (CL1652, CL0234), 1377
and 1 property potentially eligible (107 Lancaster Drive) for the NRHP. The Project will create 1378
physical and non-physical impacts to historic-age properties in this area due to the deposition of 1379
tailings in piles as high as 100 ft. On May 9, 2024, the NC SHPO requested a formal evaluation 1380
of seven properties: CL0233, CL0234, CL0235, CL1652, CL0718, 107 Lancaster Drive, and 1503 1381
South Battleground Area. As such, SWCA returned in May 2024 to photograph these properties 1382
and prepare a subsequent supplemental historic structure survey report evaluating these 1383
properties prior to consulting with NC SHPO to determine any effects. Reporting and consultation 1384
for these properties is ongoing. 1385
8.2 ARCHAEOLOGY 1386
Surveys for historic and prehistoric cultural resources were conducted for the Project Area by 1387
SWCA in 2022, 2023, and 2024 as well as associated Section 106 consultation with the NC 1388
SHPO. Survey activities were conducted in accordance with Section 106 of the National Historic 1389
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Doc No.: KM60-EN-RP-9433 52 Revision: v3
Preservation Act (NHPA) and its implementing regulations, found at 36 Code of Federal 1390
Regulations 800. The Phase I survey was also conducted in accordance with applicable federal 1391
and state guidelines and requirements, including the 2017 North Carolina Office of State 1392
Archaeology (OSA) Archaeological Investigations Standards and Guidelines. 1393
Initial archaeological studies were performed by SWCA in June 2022 and reported in March 2023. 1394
Fieldwork consisted of a visual inspection, pedestrian survey, and shovel testing of approximately 1395
1,404 acres within and surrounding the Kings Mountain Mine site. No previously recorded 1396
archaeological sites were known within the Kings Mountain Mine site. During the survey, 1397
investigators identified 24 newly recorded sites. Twenty-two sites were determined not eligible for 1398
listing in the NRHP and required no further archaeological investigations. Two sites were 1399
recommended for additional testing; however, those properties are no longer under consideration 1400
for Project activities, and those two resources have been avoided. The NC SHPO concurred with 1401
the recommendations of this report in a letter dated April 12, 2023. 1402
Additional archaeological studies were performed by SWCA throughout 2023, covering a total of 1403
335 acres in 13 separate and noncontiguous parcels in the Kings Mountain and Archdale sites. 1404
One of the sites identified in 2022 was revisited and enlarged, and one new site was identified. 1405
Both sites were determined not eligible for listing in the NRHP. The NC SHPO concurred with 1406
these findings in a letter dated May 1, 2024. 1407
Field investigations for approximately 30 acres across two non-contiguous parcels in the Kings 1408
Mountain Mine site were carried out in May 2024. No archaeological resources were identified in 1409
these areas. SWCA submitted their report on the additional 30-acre survey to the NC SHPO on 1410
June 18, 2024. The NC SHPO provided their concurrence that no resources were identified and 1411
no further archaeological work is necessary on August 23, 2024. Coordination with the NC SHPO 1412
for archaeology is complete. 1413
9 PUBLIC OUTREACH (PCN SECTION H) 1414
Albemarle is committed to community education, engagement, and transparency as we develop 1415
the Kings Mountain Mine Project. Extensive public outreach, including community town halls, 1416
community meetings, and meetings with key stakeholders, including the Community Advisory 1417
Panel (CAP) and environmental Non-government Organizations (NGOs), has been ongoing since 1418
the project was announced in the spring of 2022 (Appendix L). The community has been made 1419
aware of these engagement opportunities through residential mailers, newspaper ads, social 1420
media posts, flyers posted at local establishments, website 1421
(https://albemarlekingsmountain.com/news), and our monthly community newsletter. In addition 1422
to the more than 50 formal public engagements hosted by Albemarle, the company has opened 1423
an accessible office in downtown Kings Mountain. The Albemarle community affairs team staffs 1424
this office and allows the general public to stop by at their convenience to obtain information about 1425
the project, ask questions, or file grievances. In addition, Albemarle has made public tours 1426
available to the Project site, and to date, there have been 72 public tours with more than 660 1427
attendees. Albemarle will continue to engage the public and stakeholders through our voluntary 1428
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Doc No.: KM60-EN-RP-9433 53 Revision: v3
Environmental and Social Impact Assessment (ESIA) process guided by the Initiative for 1429
Responsible Mining Assurance (IRMA) standards, as well as other engagement events 1430
independent of the ESIA. 1431
Appendix A
Maps and Figures
Application for Section 401
Individual Water Quality Certification
Supplemental Document
Kings Mountain Lithium Mine Project
September 12, 2024
Document No.: KM60-EN-RP-9433
Project Location
GJ Shelby 0 Gastonia 0
--

-
-

-
----__ N�rt_!! S:arolina South Carolina--------__ r
, ' .,
Nor
Project Boundary
East Mine Permit Boundary (DEMLR Permit 23-01)
- � West Mine Permit Boundary (DEMLR Permit�-23-34)
Note: The two mine permits will be
consolidated, with additional acreage
currently outside the mine permit
boundaries, into a single mine permit
23-01 for the entire project area
I
I l a; • �
I, ; i � !, I ' J"
---------------------1'
N A 0 0.2
Miles
1 inch = 0.2 mi when printed llx17 t--------------------41!
J
Figure 3:
Kings Mountain Permitted Mine
Areas j Albemarle
Kings Mountain
Cleveland County,
North Carolina ----------------------'�
Project Location
GJ Shelby
North�
South Carolina-
Gastonia 0
� _ .. Archdale Project Boundary
..---, Moss-Neisler Mine Permit Boundary L-.J (DEMLR Permit 23-03)
Nor
Note: The Archdale Project Boundary (in
red) will be removed from Permit 23-03 and
covered by Albemarle's new mine permit
N A 0.2
Miles
1 inch = 0.2 mi when printed llx17
Figure 4:
Moss-Neisler Mine Permitted
Kings Mountain
Cleveland County,
North Carolina
04
Project Location
G1
r.::><;tonia
--

-
-

-

-
--

-
---

_
N�� Carolina South Carolina---------- -I �_,
Kings Mountain Project Boundary
2 ft Topographic Contours
1 inch = 0.2 mi when printed llx17
Nr •.
�
-F�ig_u_r_e--5: _________ _._�;�!
Kings Mountain Mine Site �Topographic Contour Map
Albemarle
Kings Mountain
Cleveland County, North Carolina
!I
Project Location
G1
r.::><;tonia
--------- _ North Carolina --Sm.th Carolina-----------�_,
�:: ! Kings Mountain Project Boundary
Developed
Forested Upland Deciduous
Forested Upland Evergreen
Forested Upland Mixed
Herbaceous Upland
Open Water
Scrub-Shrub Upland
-Wetland
N A 0 0.2
Miles
1 inch = 0.2 mi when printed llx17
Figure 8:
Kings Mountain Mine Site
Vegetation Communities Map
Kings Mountain
Cleveland County, North Carolina
Nr •.04
Project Location
@
Gastonia 0
�:: ! Archdale TSF Project Boundary
2 ft Topographic Contours
N A 0.1
Miles
1 inch = 0.1 mi when printed llx17
Figure 12:
Archdale TSF Site
Topographic Contour Map
Albemarle
Kings Mountain
Cleveland County, North Carolina
Nor
0.2
Project Location
@
I Shelby
N�r@/ina
South Carolina
Gastonia0
�:: ! Archdale TSF Project Boundary Cl FEMA Flood Zone AE
N A 0.3
Miles
1 inch = 0.3 mi when printed llx17
Figure 13:
Archdale TSF Site
FEMA Flood Zone Map

Albemarle
Kings Mountain
Cleveland County, North Carolina
Nor
0.6
Project Location
@ Shelby
North rolina �uth Carolina
Gastonia 0
Nor
�:: ! Archdale TSF Project Boundary
11 ApB-Appling sandy loam, 1 to 6 percent
L__J slopes
11 HhB-Hulett gravelly sandy loam, 2 to 8
L__J percent slopes
.--, HtC-Hulett gravelly sandy loam, 8 to 15
L___J percent slopes, stony
11 MaB2-Madison gravelly sandy clay loam, 2
L__J to 8 percent slopes, moderately eroded
r=-i MbB2-Madison-Bethlehem complex, 2 to 8
L__J percent slopes, stony, moderately eroded
McC2-Madison-Bethlehem complex, 8 to D 15 percent slopes, very stony, moderately eroded
11 UdC-Udorthents, loamy, 0 to 15 percent
L__J slopes
*Mapped soils do not reflect mine activities
that have occurred since the mid-1990s
N A 0.1
Miles
1 inch = 0.1 mi when printed llx17
Figure 14:
Archdale TSF Site
Soils Map
Albemarle
Kings Mountain
Cleveland County, North Carolina
0.2
Project Location
@ )Shelby
North rolina
South Carolina
Gastonia 0
�:: ! Archdale TSF Project Boundary
-DevelopedD Forested Upland Mixed
-Forested Upland EvergreenD Herbaceous UplandD Scrub-Shrub Upland
-Wetland
0.1
Miles
1 inch = 0.1 mi when printed llx17
Figure 15:
Archdale TSF Site
Vegetation Communities Map

Albemarle
Kings Mountain
Cleveland County, North Carolina
Nor
0.2
Project Location
@ ' Shelby
North l;ilrolina So--;;th Carolina
Gastonia 0
�:: ! Archdale TSF Project Boundary
Culvert Line
Non-Jurisdictional Wetlands
N A 0.1
Miles
1 inch = 0.1 mi when printed llx17
Figure 16:
Archdale TSF Site
Wetland Delineation
(all non-jurisdictional)
Albemarle
Kings Mountain
Cleveland County, North Carolina
Nor
0.2
Project Location
@
I Shelby
� N�rthEiloiina
South Carolina
Gastonia 0
�:: ! Archdale TSF Project Boundary
- Stream Network (NHD Flowlines)*
Non-Jurisdictional Wetlands D PSS Wetland Non-Jurisdictional Water D PUB Wetland Non-Jurisdictional Water
Note: Stream line layer obtained from USGS National Hydrology Dataset and does not accurately depict streams within the Project boundaries
N A 0.15
Miles
1 inch = 0.1 mi when printed llx17
Figure 17:
Archdale TSF Site
Aquatic Features
Albemarle
Kings Mountain
Cleveland County, North Carolina
Nor
0.3
Pa
t
h
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0
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3
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2
0
2
3

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:

5
/
3
0
/
2
0
2
4
Notes:- Note 1: Project Features are provisional and incomplete at this time.- Note 2: Permit Boundary updated by ERM on April 29 2024.- Note 3: Project Features are based on a designprovided by SRK on April 19 2024.- Note 4: Contour data added based on ArchdaleSiteMap_20240419_FNL.pdf provided by SRK on April 19 2024.- Note 5: Outfall locations received from SRK on January 3 2024.
0 0.1 0.2
Miles¯
Project Boundary - TSF
Property Setback
Proposed Vegetated Property Buffer (15 feet wide)
Naturally Vegetated Property Buffer (15 feet wide)
Mine Design Feature
Crest of Filtered Tailings Storage Area
Tailings Storage Facility Contour (25 feet)
Tailings Storage Facility Contour (5 feet)
Waste Rock Emankment Contour (25 feet)
Waste Rock Embankment Contour (5 feet)
Waste Rock Embankment
Tailings Storage Facility and Embankment
Mi ne Stockpile Area
Growth Media Storage
Laydown Area
Infrastructure
Site Contour (25 feet)
Site Contour (5 feet)
Power Line
Sewer Line
Water Line
Proposed Building
Spillway
Tra nsportation
Existing Ingress/Egress
Proposed Ingress/Egress
Vehicle Separation Berm
Haul Road
Site Road
Hydrology
Outfall Compliance Point
Drainage
Proposed Culvert
Named Flowline
Unnamed Flowline
Pond
North Carolina
South Carolina
Charlotte
Gastonia
Shelby Project Location
M AIN
M AI N
S

B
a
t
t
l
egr
o
u
n
d

A
v
e
D
i
x
o
n

D
a
ir
y

R
d
S Ba ttl e groun
d

A
v
e
Nori
ck

D
r
Archdale
M AIN
S Bat
t
leg
roun
d
Ave
Be
n
t
o
n

R
d
A rr o w o od Dr
B enton
Rd
Be
n
t
on

R
d
M
i
n
e
r
a
l
R
d
TP-29 Power From Rutherford
TP-28 3" Potable Water From
City Of Kings Mountain
TP-27 4" Sewer To
City Of Kings Mountain
Filtered Tailings Storage Area
(82.6 acres)
900
925
950
Growth Media Storage
(5.7 acres)
Transfer Pond
(2.0 acres)
Sediment Basin (0.7 acres)
Seepage Collection Tank (0.2 acres)
18" Culvert
24" Culvert
Contact Water Emergency 30" Culvert
PMP Emergency Spillway
Light Vehicle and Haul
Vehicle Separation Berm
Light Vehicle Access
100

f
t
.

P
e
r
i
m
e
t
e
r

H
a
u
l
/
A
c
c
e
s
s

R
o
a
d
NAG Waste Rock Embankment
Crest
o
f

T
a
i
l
i
n
g
s

S
t
o
r
a
g
e

A
r
e
a
Seep
a
g
e

I
n
t
e
r
c
e
p
t
i
o
n

D
r
a
i
n
975
216
29
85
U
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n
a
m
e
d

T
ri
b
u
t
a
r
y
Dixon

B
r
a
n
c
h
Outfall 001
Outfall 002
Outfall 003
Albemarle
Kings Mountain
Cleveland County,
North Carolina
Buildings 0.4
Haul Roads 15.0
Ponds 2.8
Site Roads 2.6
Stockpiles 5.7
TSF and Embankment 82.6
TOTAL 109.1
Type Acres
Acreage Table
MAIN
S Battleg round

A
v
e
Entrance Parking
Gate Security Offices
Soil Tracking Device
29
Office & Canteen
Change Room
Water Truck
Filling
South
Parking
Lift Station
Truck
Wash
Laydown
(0.1 acres)
Truck
Parking
Maintenance
Shop
Fueling
Pad
85
Outfall 001
Inset Map
Inset Map
0 100 200
Feet
0 100 200
Feet
1 inch = 0.1 mile when printed at 11"x17"
Figure 20:
Archdale TSF Site Map
Kings Mountain Lithium Mine