20240111_USACE_SAW-2020-00436

DEPARTMENT OF THE ARMY PERMIT
Permittee Hedrick Industries, Inc.
Permit No. SAW-2020-00436
Issuing Office CESAW-RG-Asheville ,IAN 1 1 2024
NOTE: The term'you"and Its derivatives,as used In this permit, means the permittee or any future transferee The
term"this office"refers to the approprlate district or division office of the Corps of Engineers having jurisdiction over
the permitted activity or the appropriate official of that office acting under the authority of the commanding officer.
You are authorized to perform work in accordance with the terms and conditions specified below,
Project Description:
Mr.Jason Conner,on behalf of Hedrick Industries Incorporated,is hereby authorized to impact 2,798 linear feet of Forney
Creek,for a proposed expansion of The existing Lake Norman Quarry located at 6941 Quarry Lane in the Stanley community of
Lincoln County,North Carolina.
Project Location:
The Hedrick Industries,Inc.,Lake Norman Quarry located at 6941 Quarry Lane in the Stanley community of Lincoln County,
North Carolina.
Permit Conditions: p
General Conditions:
1, The time limit for completing the work authorized ends on Dec.31,2028 . If you find that you need more time
to complete the authorized activity, submit your request for a time extension to this office for consideration at least
one month before the above date is reached.
2. You must maintain the activity authorized by this permit In good condition and In conformance with the terms and
conditions of this permit. You are not relleved of this requirement If you abandon the permitted activity,although you
may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to
cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must
obtain a modification of this permit from this office,which may require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while accomplishing the activity
authorized by this permit,you must Immediately notify this office of what you have found. We will initiate the Federal
and state coordination required to determine If the remains warrant a recovery effort or If the site Is eligible for listing
In the National Register of Historic Places.
4. If you sell the property associated with this permit,you must obtain the signature of the new owner In the space
provided and forward a copy of the permit to this office to validate the transfer of this authorization.
ENG FORM 1721,Nov 86 EDITION OF SEP 82IS OBSOLETE. (33 CFR 325(Appendix A))
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5. if a conditioned water quality certification has been Issued for your project,you must comply with the conditions
specified In the certification as special conditions to this permit.For your convenience,a copy of the certification is
attached if it contains such conditions.
6. You must allow representatives from this office to Inspect the authorized activity at any time deemed necessary
to ensure that It is being or has been accomplished in accordance with the terms and conditions of your permit,
Special Conditions:
SEE ATTACHED SPECIAL CONDITIONS
Further Information:
1. Congressional Authorities:You have been authorized to undertake the activity described above pursuant to:
❑ Section 10 of the Rivers and Harbors Act of 1899(33 U.S.C.403).
❑ Section 404 of the Clean Water Act(33 U.S.C.1344).
❑ Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972(33 U.S.C. 1413).
2. Limits of this authorization.
a. This permit does not obviate the need to obtain other Federal,state,or local authorizations required by law.
b. This permit does not grant any property rights or exclusive privileges.
c. This permit does not authorize any Injury to the property or rights of others.
d. This permit does not authorize interference with any existing or proposed Federal project.
3. Limits of Federal Liability. in Issuing this permit,the Federal Government does not assume any liability for the
following:
a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or
from natural causes.
b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or
on behalf of the United States in the public Interest.
c. Damages to persons, property,or to other permitted or unpermitted activities or structures caused by the
activity authorized by this permit.
d. Design or construction deficiencies associated with the permitted work.
e. Damage claims associated with any future modification,suspension,or revocation of this permit.
4. Reliance on Applicant's Data:The determination of this office that Issuance of this permit Is not contrary to the
public interest was made In reliance on the Information you provided.
(REVERSE OF ENG FORM 1721)
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5. Reevaluation of Permit Decision. This office may reevaluate Its decision on this permit at any time the
circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to,the
following:
a. You fall to comply with the terms and conditions of this permit.
b. The Information provided by you in support of your permit application proves to have been false,
Incomplete,or Inaccurate(See 4 above).
b. Significant new Information surfaces which this office did not consider In reaching the original public interest
decision.
Such a reevaluation may result in a determination that It Is appropriate to use the suspension, modification, and
revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR
326.4 and 326.5. The referenced enforcement procedures provide for the Issuance of an administrative order
requiring you to comply with the terms and conditions of your permit and for the initiation of legal action where
appropriate.You will be required to pay for any corrective measures ordered by this office,and if you fail to comply
with such directive,this office may In certain situations(such as those specified in 33 CFR 209.170)accomplish the
corrective measures by contract or otherwise and bill you for the cost.
6. Extensions.General condition 1 establishes a time limit for the completion of the activity authorized by this permit,
unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation
of the public Interest decision,the Corps will normally give favorable consideration to a request for an extension
of this time limit.
Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of
this permit.
..,040A... - 7
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(PE TTEE) I(DATE)
This permit becomes effective when the Federal official,designated to act for the Secretary of the Army,has signed
below.
IV Go�
FOR 24 AUG 2023
(DISTRICT COMMANDER) BRAD A.MORGAN (DATE)
COLONEL,U.S.ARMY
DISTRICT COMMANDER
When the structures or work authorized by this permit are still In existence at the time the property is transferred,the
terms and condltions of this permit will continue to be binding on the new owner(s)of the property. To valldate the
transfer of this permit and the associated liabilities associated with compliance with Its terms and conditions, have
the transferee sign and date below.
(TRANSFEREE) (DATE)
3 *U.S,GOVERNMENT PRINTING OPTICS:1986-717A25

Special Conditions
SAW-2020-00436 — Hedrick Industries Inc.
Lincoln County, North Carolina
1. Work Limits: All work authorized by this permit shall be performed in strict
compliance with the attached permit plans, which are a part of this permit. The
Permittee shall ensure that the construction design plans for this project do not deviate
from the permit plans attached to this authorization. Any modification to the attached
permit plans must be approved by the U.S. Army Corps of Engineers (Corps) prior to
any active construction in waters or wetlands.
2. Unauthorized Dredge and/or Fill: Except as authorized by this permit or any Corps-
approved modification to this permit, no excavation, fill or mechanized land-clearing
activities shall take place at any time in the construction or maintenance of this project,
within waters or wetlands. This permit does not authorize temporary placement or
double handling of excavated or fill material within waters or wetlands outside the
permitted area. This prohibition applies to all borrow and fill activities connected with
this project.
3. Permit Distribution: The Permittee shall require its contractors and/or agents to
comply with the terms and conditions of this permit in the construction and maintenance
of this project and shall provide each of its contractors and/or agents associated with
the construction or maintenance of this project with a copy of this permit. A copy of this
permit, including all conditions and drawings shall be available at the project site during
construction and maintenance of this project.
4. Notification of Construction Commencement and Completion: The Permittee
shall notify the U.S. Army Corps of Engineers in writing prior to beginning the work
authorized by this permit and again upon completion of the work authorized by this
permit.
5. Reporting Address: All reports, documentation, and correspondence required by the
conditions of this permit shall be submitted to the following: U.S. Army Corps of
Engineers, Wilmington District Asheville Regulatory Field Office, 151 Patton Ave Room
208, Asheville, NC 28801, or [phone]. The Permittee shall reference the
following permit number, SAW-2020-00436, on all submittals.
6. Permit Revocation: The Permittee, upon receipt of a notice of revocation of this
permit or upon its expiration before completion of the work will, without expense to the
United States and in such time and manner as the Secretary of the Army or his
authorized representative may direct, restore the water or wetland to its pre-project
condition.
7. Reporting Violations: Violation of these permit conditions or violation of Section 404
of the Clean Water Act or Section 10 of the Rivers and Harbors Act shall be reported to
the Corps in writing and by telephone at: 828-271-7980 within 24 hours of the
Permittee's discovery of the violation.
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Special Conditions
SAW-2020-00436— Hedrick Industries Inc.
Lincoln County, North Carolina
8. Endangered Species Act: The Permittee shall implement all necessary measures
to ensure the authorized activity does not kill, injure, capture, harass, or otherwise harm
any federally listed threatened or endangered species. While accomplishing the
authorized work, if the Permittee discovers or observes an injured or dead threatened or
endangered species, the U.S. Army Corps of Engineers, Wilmington District Asheville
Regulatory Field Office, 151 Patton Avenue, Room 208, Asheville, NC 28801, or (828)
271-7980. will be immediately notified to initiate the required Federal coordination.
9.Maintain Flows and Circulation Patterns of Waters: Except as specified in the
plans attached to this permit, no excavation, fill or mechanized land-clearing activities
shall take place at any time in the construction or maintenance of this project, in such a
manner as to impair normal flows and circulation patterns within waters or wetlands or
to reduce the reach of waters and/or wetlands.
10. Sediment and Erosion Control:
a) During the clearing phase of the project, heavy equipment shall not be operated in
surface waters or stream channels. Temporary stream crossings will be used to access
the opposite sides of stream channels. All temporary diversion channels and stream
crossings will be constructed of non-erodible materials. Grubbing of riparian vegetation
will not occur until immediately before construction begins on a given segment of stream
channel.
b) No fill or excavation impacts for the purposes of sedimentation and erosion control
shall occur within jurisdictional waters, including wetlands, unless the impacts are
included on the plan drawings and specifically authorized by this permit. This includes,
but is not limited to, sediment control fences and other barriers intended to catch
sediment losses.
c) The Permittee shall remove all sediment and erosion control measures placed in
waters and/or wetlands, and shall restore natural grades on those areas, prior to project
completion.
d) The Permittee shall use appropriate sediment and erosion control practices which
equal or exceed those outlined in the most recent version of the "North Carolina
Sediment and Erosion Control Planning and Design Manual"to ensure compliance with
the appropriate turbidity water quality standard. Erosion and sediment control practices
shall be in full compliance with all specifications governing the proper design,
installation and operation and maintenance of such Best Management Practices in
order to ensure compliance with the appropriate turbidity water quality standards. This
shall include, but is not limited to, the immediate installation of silt fencing or similar
appropriate devices around all areas subject to soil disturbance or the movement of
earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the
project shall remain in full compliance with all aspects of the Sedimentation Pollution
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Special Conditions
SAW-2020-00436— Hedrick Industries Inc.
Lincoln County, North Carolina
Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). Adequate
sedimentation and erosion control measures shall be implemented prior to any ground
disturbing activities to minimize impacts to downstream aquatic resources. These
measures shall be inspected and maintained regularly, especially following rainfall
events. All fill material shall be adequately stabilized at the earliest practicable date to
prevent sediment from entering into adjacent waters or wetlands.
11. Clean Fill: The Permittee shall use only clean fill material for this project. The fill
material shall be free of items such as trash, construction debris, metal and plastic
products, and concrete block with exposed metal reinforcement bars. Soils used for fill
shall not be contaminated with any toxic substance in concentrations governed by
Section 307 of the Clean Water Act. Unless otherwise authorized by this permit, all fill
material placed in waters or wetlands shall be generated from an upland source.
12. Water Contamination: All mechanized equipment shall be regularly inspected and
maintained to prevent contamination of waters and wetlands from fuels, lubricants,
hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or
any other hazardous waste, the Permittee shall immediately report it to the N.C. Division
of Water Resources at [phone] or(800) 858-0368 and provisions of the North
Carolina Oil Pollution and Hazardous Substances Control Act shall be followed.
13. Aquatic Life Movement: No activity may substantially disrupt the necessary life
cycle movements of those species of aquatic life indigenous to the waterbody, including
those species that normally migrate through the area. All discharges of dredged or fill
material within waters of the United States shall be designed and constructed to
maintain low flows to sustain the movement of aquatic species.
Compensatory Mitigation
14. The Permittee shall fully implement the compensatory mitigation plan, entitled
Hedrick Gravel & Sand CO — Lake Norman Quarry Mine Expansion Permittee-
Responsible Mitigation Plan received by the USACE via email on May 26, 2023, for the
unavoidable impacts to 2,798 LF of stream. Activities prescribed by this plan shall be
initiated prior to, or concurrently with, commencement of any construction activities
within jurisdictional areas authorized by this permit. The Permittee shall relocate,
enhance and restore 2,994 LF of stream in accordance with the plan and with the
following conditions:
a) The Permittee, Hedrick Industries, is the party responsible for the implementation,
performance and long term management of the compensatory mitigation project.
b) Any changes or modifications to your mitigation plan shall be first approved by the
Corps.
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Special Conditions
SAW-2020-00436— Hedrick Industries Inc.
Lincoln County, North Carolina
c)The Permittee shall maintain the entire mitigation site in its natural condition, as
altered by the work in the mitigation plan, in perpetuity. Prohibited activities within the
mitigation site specifically include, but are not limited to: Filling; grading; excavating;
earth movement of any kind; construction of roads, walkways, buildings, signs, or any
other structure; any activity that may alter the drainage patterns on the property; the
destruction, cutting, removal, mowing, or other alteration of vegetation on the property;
disposal or storage of any garbage, trash, debris or other waste material; graze or water
animals, or use for any agricultural or horticultural purpose; or any other activity which
would result in the property being adversely impacted or destroyed, except as
specifically authorized by this permit.
d) The Permittee shall not sell or otherwise convey any interest in the mitigation
property used to satisfy the mitigation requirements for this permit to any third party,
without prior written approval from the Wilmington District Corps of Engineers.
e) Within 60 days of notification by the Corps that the compensatory mitigation is
unsuccessful, the Permittee shall submit to the Corps an alternate compensatory
mitigation proposal to fully offset the functional loss that occurred as a result of the
project. The alternate compensatory mitigation proposal may be required to include
additional mitigation to compensate for the temporal loss of wetland function associated
with the unsuccessful compensatory mitigation activities. The Corps reserves the right
to fully evaluate, amend, and approve or reject the alternate compensatory mitigation
proposal. Within 120 days of Corps approval, the Permittee will complete the alternate
compensatory mitigation proposal.
15. Conservation Easement:
a) The Permittee shall preserve and maintain the 2,994 LF of Department of the Army
(DA)jurisdictional WoUS indicated on the final As-Built survey upon completion of the
project. The Permittee is prohibited from performing any of the following activities on the
property: Filling; grading; excavating; earth movement of any kind; construction of
roads, walkways, buildings, signs, or any other structure; any activity that may alter the
drainage patterns on the property; the destruction, mowing, or other alteration of
vegetation on the property; disposal or storage of any garbage, trash, or other waste
material; or any other activity which would result in the wetlands being adversely
impacted or destroyed.
b) Prior to initiating work authorized by this permit, the Permittee shall execute and
cause to be recorded a conservation easement prohibiting those activities listed in
Condition A. above. The holder of this easement, and all terms and conditions of this
easement, shall be approved by the Corps prior to recordation. Before recording this
easement, the Permittee shall provide to the Corps written confirmation that the
approved third-party holder has accepted responsibility for holding the easement.
c) Within 30 days of the recordation of the easement, the Permittee shall provide the
Corps of Engineers a copy of the recorded easement. The Permittee shall take no
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Special Conditions
SAW-2020-00436— Hedrick Industries Inc.
Lincoln County, North Carolina
action inconsistent with the terms and purpose of the conservation easement on the
property described therein.
16. Mitigation Release: The Permittee's responsibility to complete the required
compensatory mitigation, as set forth in the Compensatory Mitigation Special Condition
of this permit, will not be considered fulfilled until mitigation success has been
demonstrated and written verification has been provided by the Corps. A mitigation area
which has been released will no longer require monitoring or reporting by the Permittee;
however, the Permittee, Successors and subsequent Transferees remain responsible to
ensure that the mitigation area(s) remain in a condition appropriate to offset the
authorized impacts in accordance with the approved mitigation and monitoring plan and
the general and special conditions of this permit.
17. Discovery of Previously Unknown Remains and Artifacts: If you discover any
previously unknown historic, cultural or archeological remains and artifacts while
accomplishing the activity authorized by this permit, you must immediately notify the
district engineer of what you have found, and to the maximum extent practicable, avoid
construction activities that may affect the remains and artifacts until the required
coordination has been completed. The district engineer will initiate the Federal, Tribal,
and state coordination required to determine if the items or remains warrant a recovery
effort or if the site is eligible for listing in the National Register of Historic Places.
18. Compliance Inspection: A representative of the Corps of Engineers will
periodically and randomly inspect the work for compliance with these conditions.
Deviations from these procedures may result in an administrative financial penalty
and/or directive to cease work until the problem is resolved to the satisfaction of the
Corps.
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