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HomeMy WebLinkAbout20211505 Ver 1_ePCN Application_20211013DW R mrlsloa of ware. Resources Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) June 1, 2021 Ver 4.1 Initial Review Has this project met the requirements for acceptance in to the review process?* Yes No Is this project a public transportation project?* Yes No Change only,f needed. BIMS # Assigned* 20211505 Is a payment required for this project? No payment required Fee received Fee needed - send electronic notification Reviewing Office* Winston-Salem Regional Office - (336) 776- 9800 Information for Initial Review 1a. Name of project: Forney Creek Relocation, Hedrick Gravel & Sand CO -Lake Norman Quarry, Lincoln County, NC 1a. Who is the Primary Contact?* Jason Conner 1 b. Primary Contact Email:* jconner@hedrickind.com Date Submitted 10/13/2021 Nearest Body of Water Killian Creek Basin Catawba Water Classification Class C Site Coordinates Latitude: Longitude: 35 26 08.88 81 01 24.57 A. Processing Information County (or Counties) where the project is located: Lincoln Is this a NCDMS Project Yes No Is this project a public transportation project?* Yes No Pre -Filing Meeting Information Version# * 1 What amout is owed?* $240.00 $570.00 Select Project Reviewer* Sue Homewood:eads\slhomewood 1c. Primary Contact Phone:* (828)712-9009 u Is this a courtesy copy notification?* Yes No ID# Pre -fling Meeting or Request Date 10/21/2020 Attach documentation of Pre -Filing Meeting Request here: Click the upload button or drag and drop files here to attach document Pre-App Meeting Request.pdf File type must be PDF 1a. Type(s) of approval sought from the Corps: Section 404 Permit (wetlands, streams and waters, Clean Water Act) Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted? Yes No 1 b. What type(s) of permit(s) do you wish to seek authorization? Nationwide Permit (NWP) Regional General Permit (RGP) Standard (IP) 1c. Has the NWP or GP number been verified by the Corps? Yes No Are you a federal applicant?* Yes No Version If yes, please provide a statement concerning compliance with the Coastal Zone Management Act.* This is not in a CZMA area. Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: 401 Water Quality Certification - Regular Non-404 Jurisdictional General Permit Individual 401 Water Quality Certification le. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: For the record only for Corps Permit: 1f. Is this an after -the -fact permit application?* Yes No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No 1 h. Is the project located in any of NC's twenty coastal counties? Yes No 1j. Is the project located in a designated trout watershed? Yes No B. Applicant Information 1d. Who is applying for the permit? Owner Applicant (other than owner) le. Is there an Agent/Consultant for this project? Yes No 114.75KB 401 Water Quality Certification - Express Riparian Buffer Authorization Yes No Yes No 2. Owner Information 2a. Name(s) on recorded deed: Hedrick Gravel and Sand CO (Hendrick Industries) 2b. Deed book and page no.: Please refer to Appendix F (WoUS Report and SAW-2020-00436 PJD Concurrence) of the Alternatives Analysis. 2c. Contact Person: Jason Conner 2d.Address Street Address PO Box 425 Address Line 2 City Swannanoa Postal / Zip Code 28778 2e. Telephone Number: (828)712-9009 2g. Email Address:" jconner@hedrickind.com 3. Applicant Information (if different from owner) 3a. Name: Jason Conner 3b. Business Name: Hedrick Industries 3c.Address Street Address PO Box 425 Address Line 2 City Swannanoa Postal / Zip Code 28778 3d. Telephone Number: (828)712-9009 3f. Email Address:* jconner@hedrickind.com 4. Agent/Consultant (if applicable) 4a. Name: Kevin Thomas 4b. Business Name: Civil and Environmental Consultants, Inc. 4c.Address Street Address 3701 Arco Corporate Dr., Suite 400 Address Line 2 City Charlotte Postal / Zip Code 28273 4d. Telephone Number: (410)2594745 M. Email Address:* kthoas@cecinc.com C. Project Information and Prior Project History State / Province / Region North Carolina Country United States 2f. Fax Number: State / Province / Region North Carolina Country United States 3e. Fax Number: State / Province / Region North Carolina Country United States 4e. Fax Number: 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Stanley, NC 2. Project Identification 2a. Property Identification Number: 2c. Project Address Street Address 6941 Quarry Lane Address Line 2 City Stanley Postal / Zip Code 28164 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Killian Creek 3b. Water Resources Classification of nearest receiving water:* Class C 3c. What river basin(s) is your project located in?* Catawba 3d. Please provide the 12-digit HUC in which the project is located. 030501011303 4. Project Description and History 2b. Property size: approximately 499.5 acres State / Province / Region North Carolina Country United States 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: * Please refer to the Alternatives Analysis Report for a detailed account of the Project Description and History, including figures. A summary of this information is provided below: Hedrick Industries is proposing to construct additional subsidiary infrastructure in support of future on -site mine expansion of the Lake Norman Quarry (LNQ) Mine, within the current permitted mine boundary. Hedrick Industries plans to operate under the current permit (NCDEQ Division of Land Quality Quarry Permit #55-01) to meet the continued and growing demand for construction aggregate product (i.e. crushed stone) in Lincoln County, and the Charlotte Metro Region of North Carolina. Currently, the LNQ Mine provides aggregate product for multiple businesses and organizations supporting community growth projects. Land use within the permitted LNQ Mine footprint consists of the pit, the processing plant(s), overburden storage, pond fine storage, ponds, an asphalt plant, and a concrete plant. Land use of the surrounding area of the LNQ Mine consists of: a residential housing development (Trilogy Home Development) to the north; a permitted landfill (Republic Services) to the east; a nuclear power plant (Duke Power Combustion Turbine Plant) and the Kilian Creek Wastewater Treatment Facility to the west and south west. The southern boundary is occupied by an existing overhead transmission line Right of Way that services the nuclear plant. An additional natural gas line ROW (owned by Piedmont Natural Gas) exists along the southern border. Blum Manufacturing facilities and the Earnhardt Grading Company are located to the south. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? Yes No Unknown 4b(2). Is Any Portion of the Work Already Complete?* Yes No If yes, describe the completed work. 4c. List of Other Certificates or Approvals/Denials received from other Federal, State, or Local Agencies for Work Described in This Application. not related to the 404 or 401. 4f. List the total estimated acreage of all existing wetlands on the property: approximately 4.5 acres 4g. List the total estimated linear feet of all existing streams on the property: approximately 14,755 linear feet 4h. Explain the purpose of the proposed project:' Please refer to the Alternatives Analysis Report for a detailed account of the Project Purpose. A summary of this information is provided below: The purpose of the proposed action is to extend the LOM expectancy and projected reserve base of the LNQ Mine from 15-25 years, to between 75 -100 years to meet the current economic production demands of aggregate product. In the past three years, LNQ Mine has completed extensive borehole testing using an in-house drill and outsourcing with Geological Exploration testing for reserves. The data was modeled with Carlson Mining Software to determine the existing and potential reserve base. The present quarry mine production rate of 1.5 million tons of aggregate product produced per year equates to an estimated LOM reserve base of up to 25 years; potentially depleting the current LNQ Mine reserve base by 2046. However, based on forecasted continued population growth in the Charlotte Metro area Hedrick Industries will need to increase LNQ Mine production to approximately 2.5 million tons per year, exacerbating the depletion of the LOM to approximately 15 years. In mining terms this would not provide a significant amount of time left to operate at the current facility. While reserve life fluctuates with the market, the standard LOM for an aggregate production site is between 75 to 100 years. Two examples of LOM for Hedrick Industries includes the North Buncombe and Grove Stone Quarries located in Buncombe County. Both operations have a LOM of over 75 years. Additionally, Hedrick Industries believes the market demand will continue to increase, significantly impacting the current LNQ Mine reserves and potentially decreasing the LOM even lower than currently estimated. Furthermore, Hedrick Industries will require the construction of subsidiary infrastructure to ensure safer extraction of aggregate product. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * (Please refer to the Alternatives Analysis Report for a detailed project account, including an assessment of potential impacts under the Proposed Action). 4k. Will this activity involve dredging in wetlands or waters?* Yes No If yes, Describe the type of dredging, the composition of the dredged material and the location of disposal area. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No Comments: In March of 2020 Kevin Thomas, PWS and NC Licensed Soil Scientist and David Campbell, Professional Botanist of CEC, performed preliminary WoUS determination and delineations for the entire permitted LNQ Mine site. Multiple aquatic resources we identified and delineated (Appendix F: WoUS Report and SAW-2020-00436 PJD Concurrence). On April 1 st, 2020 Kevin Thomas submitted a Preliminary Jurisdictional Determination request with CEC's findings of WoUS to the USACE Asheville office for verification from the Charlotte regional office SAW-2020-00436. The project was originally assigned to Project Manager Catherine Janiczak and then to Mr. Bryan Roden -Reynolds upon Ms. Janiczaks departure. A site visit was held on July 15th, 2020 the USACE PM, Mr. Roden - Reynolds verbally provided concurrence with CEC's findings. However, CEC was notified by Mr. Roden -Reynolds in September of 2020 that Project Manager Krystynka Stygar is now assigned to the project. On March 3rd, 2021 Ms. Stygar provided PJD Verification. 5b. If the Corps made a jurisdictional determination, what type of determination was made?* Preliminary Approved Not Verified Unknown N/A Corps AID Number: SAW-2020-00436 5c. If Sa is yes, who delineated the jurisdictional areas? Name (if known): Kevin Thomas, PWS & NC LSS Agency/Consultant Company: Civil & Environmental Consultants, Inc. Other: Unknown 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR March 8, 2021: SAW-2020-00436 6. Future Project Plans 6a. Is this a phased project?* Yes No Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? No. 7. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (if more than can be entered here, please attach a supplemental list) Pleas see attached form: Eng Form 4345, Oct 2012. 8. Scheduling of Activity: D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): Wetlands Streams -tributaries Buffers Open Waters Pond Construction 2h.Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards: 3. Stream Impacts F I 3a. Reason for impact (?) 3b.lmpact type* 3c. Type of impact* 3d. S. name* 3e. Stream Type* (?) 3f. Type of Jurisdiction* 3g. S. width* 3h. Impact length* S1 Mine Expansion Temporary Relocation SA-1 Perennial:::] Both 20 Average (feet) 3,170 Qinear feet) _:� 31. Total jurisdictional ditch impact in square feet: 0 31. Total permanent stream impacts: 3i. Total temporary stream impacts: 0 3,170 31. Total stream and ditch impacts: 3 3i. Total cubic yard stream impacts:* 0 3j. Comments: All impacts are temporary. To ensure there would be no net loss of habitat, Priority 1 and Priority 2 restoration techniques would be applied to the impacted length (3,170 ft) of the stream. A low head dam will be removed, the 303d and low scoring NCSAM stream is being relocated, and the new natural stream channel design will provide an ecological uplift. To ensure stream functionality and success of the aquatic resources over time, a Conservation Easement buffer will be established along the banks of Forney Creek as a site protection instrument (Please refer to the Alternatives Analysis Report for a detailed description of this action). 4g. Total cubic yard open water impacts:* 0 E. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Please refer to the Alternatives Analysis Report (specifically Appendix G - Permittee-Responsible Mitigation Plan) for a detailed description of avoidance and minimization measures that will be implemented under the Proposed Action. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Please refer to the Alternatives Analysis Report (specifically Appendix G - Permittee-Responsible Mitigation Plan) for a detailed description of avoidance and minimization measures that will be implemented under the Proposed Action. Additionally, measures outlined in the property's Stormwater Pollution Prevention Plan and NPDES permit (#NCG020097) would continue to be employed at the site under implementation of the Proposed Action. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? Yes No 2c. If yes, mitigation is required by (check all that apply): DWR Corps 2d. If yes, which mitigation option(s) will be used for this project? Mitigation bank Payment to in -lieu fee program Permittee Responsible Mitigation 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan including mitigation credits generated. Please refer to Appendix G - Permittee-Responsible Mitigation Plan of the Alternatives Analysis Report. 6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? If yes, you must fill out this entire form - please contact DWR for more information. Yes No F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? Yes No If no, explain why: The project is within the Catawba Watershed. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? Yes No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? Yes No 2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program? Yes No N/A - project disturbs < 1 acre 2d. Which of the following stormwater management program(s) apply: Local Government State State Stormwater Programs Phase II Coastal Counties HWQ or ORW Other NCDEQ Comments: Under the proposed action, Hedrick would continue to discharge, monitor, and report requirements, and other provisions under the current NPDES permit (#NCG020097). Construction phase erosion and sediment controls will be implemented in accordance with NCDEQ/NCDWR standards to ensure sediment resulting from project construction will remain onsite. Additionally, Hedrick Industries would continue to operate under Stormwater General Permit #NCG020000: Mining Activities, Effective 7-1-2021, Expires 6-30-2025. A draft Stormwater Management Plan (SMP) has been prepared for the project. Upon approval(s) from the USAGE and NCDEQ for implementation of the proposed action, applications for SMPs and applicable land disturbance permits will be coordinated and obtained from the local regulatory agencies. G. Supplementary Information 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes No 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (1 SA NCAC 2H .0500), Isolated Wetland Rules (I SA NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)? * Yes No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality? Yes No 3b. If you answered "no," provide a short narrative description. Under the Proposed Action, Hedrick would avoid the newly relocated Forney Creek (and the subsequent Conservation Easement) indefinitely. Upon the successful relocation of the creek, Hedrick would not be able to mine to the north or within the waterway due to safety, and overburden allowance. Thus, mining activities would not encroach on the water resources within the Proposed Action area. Under the Proposed Action, the relocation of Forney Creek would ensure all future mining operations (including proposed expansions) would occur within the quarry boundaries. Relocation of the creek would allow for safe mining practices within the confines of the LNQ property. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* Yes No N/A 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat? Yes No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* Yes No 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville 5d. Is another Federal agency involved?* Yes No Unknown 5e. Is this a DOT project located within Division's 1-8? Yes No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? Yes No 5g. Does this project involve bridge maintenance or removal? Yes No 5h. Does this project involve the construction/installation of a wind turbine(s)?* Yes No 51. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? Yes No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? (Please refer to the 'Protected Species Report' located in Appendix E). Hedrick industries accessed the USFWS's IPaC and State NC Heritage Program database for a list of special status species with potential to occur within the project area. Field surveys and subsequent habitat characterization were then conducted to assess potential suitable habitats within the proposed impact area. Additionally, targeted species surveys were conducted for rare plants. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat? * Yes No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat? hftps://www.fisheries. noaa.gov/national/sustainable-fisheries/fisheries-united-states 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?* Yes No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* No cultural resources were identified to occur within the proposed project area during the North Carolina Natural Heritage Program (NCNHP) database the query (NCNHP, 2021; NC SHPO). Please refer to the Alternatives Analysis Report (and Appendix E) for a description of the methods used to evaluate cultural resources within the proposed project area. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* Yes No 8b. If yes, explain how project meets FEMA requirements: Approximately 7.6 acres of the proposed expansion area are within the 100 year FEMA flood plain. A FEMA application for a CLOMR is underway, as the centerline of the channel is being relocated. Upon approval(s) of implementation of the proposed action, applicable floodplain permitting will be obtained from the federal and local floodplain administrator(s) (i.e. FEMA, Lincoln County). 8c. What source(s) did you use to make the floodplain determination? hftps://msc.fema.gov/ hftps://codelibrary.amlegal.com/codes/lincoincounty/ Miscellaneous Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred. Click the upload button or dreg and drop files here to attach document Eng Form 4342 Oct2012_SIGNED.pdf 84.98KB PS 60 % & AA draft.pdf 349.06KB 182-803 LNQ Hedrick Alternatives Analysis.pdf 8.55MB Appendix A - LNQ Permit.pdf 505.65KB Appendix B - Stream Relocation Plan & NCSAM Report.pdf 48.02MB Appendix C - Dutchman 230kV Transmission Line Relocation - Initial Estimate Letter.pdf 275.84KB Appendix D - Greenfield Site Locations.pdf 4.96MB Appendix E - Natural and Cultural Resources.pdf 11.44MB Appendix F - WoUS REPORT AND SAW-2020-00436 PJD CONCURRENCE.pdf 12.47MB Appendx G - PRMP.pdf 14.36MB File must be PDF or KMZ Comments Hello, please find the attachments for the Application Request Package for scheduling and review. Upon review of the attachments, please provide any comments via the Comment Response Matrix (CRM) for the administrative record. Thank you! (The comprehensive list of all project attachments is as follows:) ENG FORM 4345, OCT 2012 - Hedrick Gravel & Sand Co -Lake Norman Quarry Mine Expansion Alternatives Analysis and associated appendices: Appendix A - NCDEQ Permit; Appendix B - Forney Creek Conceptual Stream Relocation Plan Natural Channel Design; Appendix C - Duke Energy Cost Estimate; Appendix D - Potential Greenfield Site Locations; Appendix E - Natural and Cultural Resources; Appendix F - WoUS Report and SAW-2020-00436 PJD Concurrence; Appendix G - PRIMP Comment Response Matrix Signature By checking the box and signing below, I certify that: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. • I have given true, accurate, and complete information on this form; • I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • I intend to electronically sign and submit the PCN form. Full Name: Kevin Thomas Signature fiXd Date 10/13/2021