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HomeMy WebLinkAbout20211505 Ver 1_Signed ENG FORM 4345 + Nature of Activity_20211122U.S. ARMY CORPS OF ENGINEERS APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT OM8 APPROVAL 003 EXPIRES: 28 FEBRURUARY RY 20 2013 33 CFR 325. The proponent agency is CECW-CO-R. Public reporting for this collection of information is estimated to average 11 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of the collection of information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters, Executive Services and Communications Directorate, Information Management Division and to the Office of Management and Budget, Paperwork Reduction Project (0710-0003). Respondents should be aware that notwithstanding any other provision of law, no person shall be subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number. Please DO NOT RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer having jurisdiction over the location of the proposed activity. PRIVACY ACT STATEMENT Authorities: Rivers and Harbors Act, Section 10, 33 USC 403; Clean Water Act, Section 404, 33 USC 1344; Marine Protection, Research, and Sanctuaries Act, Section 103, 33 USC 1413; Regulatory Programs of the Corps of Engineers; Final Rule 33 CFR 320-332. Principal Purpose: Information provided on this form will be used in evaluating the application for a permit. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies, and the public and may be made available as part of a public notice as required by Federal law. Submission of requested information is voluntary, however, if information is not provided the permit application cannot be evaluated nor can a permit be issued. One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application (see sample drawings and/or instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity. An application that is not completed in full will be returned. (ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS) 1. APPLICATION NO. 2. FIELD OFFICE CODE 3. DATE RECEIVED 4. DATE APPLICATION COMPLETE (ITEMS BELOW TO BE FILLED BYAPPLICANT) 5. APPLICANT'S NAME 8. AUTHORIZED AGENT'S NAME AND TITLE (agent is not required) First - Jason Middle - Last - Conner First - Kevin Middle - Last - Thomas Company - Hedrick Industries Inc. (Lake Norman Quarry) Company - Civil and Environmental Consultants, Inc. F-mail Address - jconner(—chedrickind.cont F-mail Address - kthoasOt cecinc.com 6. APPLICANT'S ADDRESS: 9. AGENT'S ADDRESS: Address- PO Box 425 Address- 3701 Arco Corporate Dr., Suite 400 City - Swannanoa State - NC Zip - 28778 Country - USA City - Charlotte State - NC Zip- 2827 Country- USA 7. APPLICANT'S PHONE NOs. w/AREA CODE 10. AGENTS PHONE NOs. WAREA CODE a. Residence b. Business G. Fax a. Residence b. Business c. Fax 828-712-9009 980-237-0372 STATEMENT OF AUTHORIZATION 11. 1 hereby authorize, C,FC P0(- Kevin Thomas to act in my behalf as my agent in the processing of this application and to furnish, upon request, supplemental information in support of this permit application. / �. (GNAT RF OF APPLICANT I DATE NAME, LOCATION, AND DESCRIPTION OF PROJECT OR ACTIVITY 12. PROJECT NAME OR TITLE (see instructions) Hedrick Gravel R Sand CO -Lake Norman Quarry (LNQ) Mine Expansion Project 13. NAME OF WATERBODY, IF KNOWN (if applicable) 14. PROJECT STREET ADDRESS (if applicable) Forney Creek Address 6941 Quarry Lane 15- LOCATION OF PROJECT City - Stanley State- NC Zip- 28164 Latitude: -N Longitude: W 3� 7l, flit �?�{ �i I tl l �-1 57 16. OTHER LOCATION DFSCRIPTIONS, IF KNOWN (see instructions) State Tax Parcel ID Municipality Section - Township - Range - ENG FORM 4345, OCT 2012 PREVIOUS EDITIONS ARE OBSOLETE. Page 1 of 3 17. DIRECTIONS TO THE SITE 6941 Quarry Lane is located off of Hwy 16, approximately one mile south of Hwy 73. 18. Nature of Activity (Description of project, include all features) The existing mine pit will would be expanded, laterally, to the northwest ranging from 100 to 300 linear feet (l.f) allowing the pit floor to be deepened, vertically, by all extra 100 ft from the current 95 feet below the exiting ground surface. The proposed action area footprint encompasses approximately 11 acres, and would require an estimated 3,170 Lf. of Forney creek (SA-1) to be relocated. Forney creek is an impaired EPA listed 303d aquatic resource, characterized by low water quality and highly unstable banks. Within Forney creel: a low head dam is locate along the eastern portion of the purpose action area and would be removed, and the existing undersized culvert replaced with a bridge span. Stream relocation and restoration Would occur by realigning Forney Creek to a more stable configuration using Natural Channel Design methodologies, as dictated by the North Carolina Stream Channel Design National Engineering Handbook 654. The proposed design relocates Forney Creek away from the LNQ Mine, using priority 1 restoration, and brings the stream invert to the current invert of the low head dam (Drawing 1 - Nature of Activity Display [attached]). 19. Project Purpose (Describe the reason or purpose of the project, see instructions) The purpose of the Proposed Action is to extend the life of the LNQ Mine to continue aggregate production. This will be achieved through an internal expansion of the infrastructure within the pennitted mine boundary. The Project is expected to begin the Fall of 2022 and be complete Within 90 to 120 days of project initiation. USE BLOCKS 20-23 IF DREDGED ANDIOR FILL MATERIAL IS TO BE DISCHARGED 20. Reason(s) for Discharge 21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards: Type Type Type Amount in Cubic Yards Amount in Cubic Yards Amount in Cubic Yards 22. Surface Area in Acres of Wetlands or Other Waters Filled (see instructions) Acres or Linear Feet 23. Description of Avoidance, Minimization, and Compensation (see instructions) Please see Appendix G - Permittee-Responsible Mitigoation Plan ENG FORM 4345, 0CT 2012 Page 2 of 3 24. Is Any Portion of the Work Already Complete? Yes �X No IF YES, DESCRIBE THE COMPLETED WORK 25. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (if more than can be entered here, please attach a suppiementai list) a. Address - City - State - Zip - b. Address- See attached Figure 1-3 Surrounding Use Map and Excel Spreadsheet with Adjoining Property Owners Mailing Information City - State - Zip - c. Address - City - State - Zip - d. Address- See attached Figure 1-3 Surrounding Use Map and Excel Spreadsheet with Adjoining Property Owners Mailing Information City - State - Zip - e. Address - City - State - Zip - 26. List of Other Certificates or Approvals/Denials received from other Federal, State, or Local Agencies for Work Described in This Application. AGENCY TYPE APPROVAL* IDENTIFICATION DATE APPLIED DATE APPROVED DATE DENIED NUMBER " Would include but is not restricted to zoning, building, and Flood plain permits 27. Application is hereby made for permit or permits to authorize the work described in this application. I certify that this information in this application is complete and accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the duly authorized agent of the applicant. Digitally signed by Kevin Thomas KevinThomas CN=KevnThomaomas@cecinacom, O=CEC, f 6 AZ I Date: 2021.11.2214:30:30-05'00' 17 SIGNATURE OF APPLICANT I DATE SIGNATURE OF AGENT DATE The Application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly authorized agent if the statement in block 11 has been filled out and signed. 18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals, of covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall be fined not more than $10,000 or imprisoned not more than five years or both. ENG FORM 4345, 0CT 2012 Page 3 of 3 flA111 ��7 Civil & Environmental Consultants, Inc. HEDRICK GRAVEL & SAND CO - LAKE NORMAN QUARRY MINE EXPANSION ALTERNATIVES ANALYSIS EXECUTIVE SUMMARY Hedrick Industries is proposing to construct additional subsidiary infrastructure within the current permitted mine boundary in support of future on -site mine expansion of the Hedrick Gravel & Sand CO -Lake Norman Quarry (LNQ) Mine. The LNQ Mine is located at 6941 Quarry Lane, off Hwy 16, approximately one mile south of Hwy 73 in Lincoln County, North Carolina. The proposed action area footprint encompasses approximately 11 acres. The existing mine pit will would be expanded, laterally, to the northwest ranging from 100 to 300 linear feet (l.f.) allowing the pit floor to be deepened, vertically, by an extra 100 ft from the current 95 feet below the exiting ground surface. The proposed action area footprint encompasses approximately 11 acres, and would require an estimated 3,170 l.f. of Forney creek (SA-1) to be relocated (Drawing 1 - Nature of Activity Display). Forney creek is an impaired EPA listed 303d aquatic resource, characterized by low water quality and highly unstable banks. Within Forney creek a low head dam is locate along the eastern portion of the purpose action area and would be removed, and the existing undersized culvert replaced with a bridge span. Stream relocation and restoration would occur by realigning Forney Creek to a more stable configuration using Natural Channel Design methodologies, as dictated by the North Carolina Stream Channel Design National Engineering Handbook 654. Hedrick is proposing mitigation in the form of Permitee Responsible Mitigation. Please refer to the Permitee Responsible Mitigation Plan (located in Appendix G). This includes a design that will relocate Forney Creek away from the LNQ Mine, using Priority 1 and Priority 2 restoration, and bring the stream invert to the current invert of the low head dam (Drawing 1 - Nature of Activity Display). Stream relocation and restoration would occur by realigning Forney Creek to a more stable configuration using Natural Channel Design methodologies, as dictated by the North Carolina Stream Channel Design National Engineering Handbook 654 (USDA, 2008). Priority 1 restoration techniques would be applied to 2,848 linear ft of the existing stream, while Priority 2 restoration techniques would be applied to the remaining 322 linear feet of stream. Priority 1 restoration within Forney Creek will include establishing bankfull stage at the historical floodplain elevation, replacing the incised channel with a new, stable stream at a higher elevation. To ensure there would be no net loss of habitat, approximately 2,879 linear ft would be restored, creating an additional 31 linear ft of Priority 1 stream work. Priority 2 restoration would begin where Priority 1 restoration work would end, and extend to the end of the proposed tie in for a total of 160 linear ft of Priority 2 restoration. Priority 2 restoration will create a new floodplain and stream alignment with the streambed remaining at the present elevation. 3701 Arco Corporate Drive, Suite 400 1 Charlotte. NC 28273 1 p: 980-237-0373 f: 980-237-0372 1 www.cecinc.corn s Y �WZON Go k_$^s c ss Y Q `tea eegs5 liwp sLL m R S , y 5 O 5 fls 00 'na LU 0,0 w M i1 CJ z r W U SUMMARY OF IMPACTS Table 5-1 On -Site Alternatives Comparison Table SCREENING CRITERIA CONSTRAINTS Impact(s) Alternative Infrastructure, Impacts to to Impacts to Meets Safety Impacts Impacts to # geophysical existing sensitive surrounding Requirements to NWI Floodplains integrity infrastructure resource land use resources areas 1 • X /+ • • • X /+ X /+ 2 X • • • X • NA 3 X • • X X X/- X/- 4 X X • • • X/- X/- 5 X X • • • X/- X/- Notes: • = meets criteria/no impacts; X = does not meet criteria/will impact; + = impacts would be beneficial; - = impacts would be negative NATURAL RESOURCES: All Onsite Alternatives Vegetation and Wildlife The LNQ Mine is located within North Carolina's Piedmont Ecoregion. Habitats include old fields, rock outcrops, streams and woodlands, where species diversity for some animal groups, such as amphibians, reptiles and birds, is relatively high (NCWRC, 2015). The current permitted mine boundary is comprised of mostly forested land cover, dense thickets of tall shrubs, riparian areas, and developed/disturbed lands. In accordance with Section 7(c) of the ESA, the USFWS IPaC system was accessed to request an official species list. Current species' populations and habitat conditions (status) that "may be present" in the area designated in the IPaC request were considered within this analysis. No critical habitat was identified within the area. The list of species identified is presented in Table 4-1 below. Refer to Appendix A.2 for a copy of the IPaC report (USFWS, 202lb). Please refer to the Threatened and Endangered Habitat Assessment & Species Report (located in Appendix E). Table 4-1: Federally Listed Species with Potential to Occur Within or Near the LNQ Mine Common Name Scientific Name Federal Status Listing Effects Determination Mammals Northern long-eared bat Myotis septentrionalis Threatened No effect Plants Dwarf -flowered Heartleaf Hexastylis naniora Threatened No effect Michaux's Sumac Rhus michauxii Endangered No effect Source: USFWS, 2021b Civil & Environmental Consultants, Inc. WATER RESOURCES: Watershed— The LNQ Mine is located within the 03050101-Catawba Watershed. On April 1st, 2020 CEC submitted a Preliminary Jurisdictional Determination request on behalf of Hedrick, with CEC's findings of Waters of the U.S. to the USACE Asheville office for verification from the Charlotte regional office SAW-2020-00436. Surface waters within the permitted mine boundary include the following: one wetland, one freshwater pond and five series ponds, two streams — Forney Creek and Killian Creek, and two unnamed tributaries (Figure 1 Potential Jurisdictional Features Map). Alternative I Northwest Mine Wall Expansion (Preferred Alternative) —Under Alternative 1, approximately 3,170 linear ft of stream would be permanently impacted. To negate these impacts, Priority 1 and Priority 2 restoration techniques would be applied to the impact areas. Priority 1 would be applied to 2,848 linear ft of the existing stream, while priority 2 restoration techniques would be applied to the remaining 322 linear feet of stream. Priority 1 restoration within Forney Creek will include establishing bankfull stage at the historical floodplain elevation, replacing the incised channel with a new, stable stream at a higher elevation. To ensure there would be no net loss of habitat, approximately 2,879 linear ft would be restored, creating an additional 31 linear ft of priority 1 stream work. Priority 2 restoration would begin where priority 1 restoration work would end, and extend to the end of the proposed tie in for a total of 160 linear ft of priority 2 restoration. Priority 2 restoration will create a new floodplain and stream alignment with the streambed remaining at the present elevation. Alternative 2 No Wall Expansion, Deepen Current Pit — Under Alternative 2, no impacts to wetlands would occur. Alternative 3 New Quarry Pit, North Side — Under Alternative 3, approximately 2,601 linear ft of stream would be permanently impacted (please see Figure 4.7 in the Alternatives Analysis). Alternative 4 South Expansion — Under Alternative 4, approximately 3,544 linear ft of stream would be permanently impacted (please see Figure 4.7 in the Alternatives Analysis). Alternative 5 East Mine Wall Expansion — Under Alternative 5, approximately 3,310 linear ft of stream would be permanently impacted (please see Figure 4.7 in the Alternatives Analysis). Civil & Environmental Consultants, Inc. •"� `l SA2: Potential Waters of the US 11.. ESRI WORLD IMAGERYSARCGIS MAP SERVICE. 77 If HTTP./IGOTO.ARCGISONLINE.COMIMAPSNK7RLD_IMAGERY, ACCESSED 302021, IMAGERY DATE 2112019. 2. THIS MAP WAS DEVELOPED FOR PLANNING PURPOSES ONLYAND MAY NOT BE SUITABLE FOR CERTAIN LEGAL, NORTH SCP 2 ENGINEERING, OR SURVEYING PURPOSES. USERS OFTHIS DP 2 UP INFORMATION SHOULD REVIEW OR CONSULT THE PRI- MARY DATAAND INFORMATION SOURCES TOASCERTAIN THE USIBILITY OF THE INFORMATION. SCP 1 -- - - 3. ALL LENGTHS ANDAREAS ARE APPROXIMATE _- WA1: Potential Wetland Waters of the US Total: -4.5 Acres,-196,020 sq ft DP 1 Wet NOTES: THE USACE PREVIOUSLY APPROVED 3.8 ACRES CFJURIS- - DICTIONAL NIETLAND ON 7/15/2020 FOR VA-1, WHEREAS �. --'; SA1: Potential Waters of the US RECENT SURVEY CONDUCTED ON 11/1a720201NDICAIED -. -4,493 If 4.5ACRES OF WETLAND. � DP = DATA POINT SCP =STREAM COLLECTION POINT , % i Pond 1 ! i -6.8 Acres ` _♦ ! +•� !. - 4 Pond 2 ! Pond 3 - f -0.8 Acres ! -0.9 Acres 1 ! r A Pond 5 1 ! -1.2 Acres r '1 Pond 6 1 -0.9 Acres ,t ! 1 Pond 4 !. i -0.3 Acres 1 i •� SA3: Potential Waters of the US 1 ► -3,391 If I l 1 SA4: Potential Waters of the US - } S, -296If 1 - 1 t r SAS. Potential Waters of the US ♦ -3,257 If t r ♦ r r SA6: Potential Waters of the US -3,507 If SCALE IN FEET ❑ 500 1,000 2000 AV A AV f1A / F Civil & Environmental Consultants, Inc. 3701 Arco Corporate Drive - Suite 400 - Charlotte, NC 28273 (980) 237-0373 (855) 859-9932 www.cecino.com DRAWN BY: HLS CHECKED BY: KT DATE: 302021 SCALE: 1 " = 1,000 , U LEGEND PROJECT AREA BOUNDARY (-500.2 ACRES) ® POND POTENTIAL WATERS OF THE US - WETLAN D (-4.5 ACRES) POTENTIAL WATERS OF THE US SCP L, DP B,V. HEDRICK INDUSTRIES INC. LAKE NORMAN QUARRY LINCOLN COUNTY NORTH CAROLINA POTENTIAL JURISDICTIONAL FEATURES MAP APPROVED BY: KT` I FIGURE NO. PROJECT NO: 183-802 6 of 6 Figure 1 Potential Jurisdictional Features Map Civil & Environmental Consultants, Inc. FEMA Floodplain Alternative I Northwest Mine Wall Expansion (Preferred Alternative) — Under Alternative 1, the mine wall expansion would encroach into the 100 year FEMA floodplain. Floodway alterations would occur due to the realignment of Forney Creek. As such, CEC is in the process of preparing a FEMA Conditional Letter of Map Revision (CLOMR) submittal package. After project construction is completed, CEC would also prepare a FEMA Letter of Map Revision (LOMR) submittal package. Alternatives 2 No Wall Expansion, Deepen Current Pit — Under Alternative 2, there would be no impacts to floodplains. Alternative 3 New Quarry Pit North Side Under Alternative 3, floodplain encroachment impacts would occur. Hedrick would require additional subsidiary infrastructure to be constructed for transportation and wall safety designs. This action would result in fill in the floodplain, ultimately impacting the 100 year FEMA floodplain to accommodate designs, potentially causing a significant rise in base flood revelations. Alternative 4 South Expansion —Under Alternative 4, 100 year FEMA floodplain encroachment impacts would occur as part of the proposed overburden storage area. This action would result in fill in the floodplain, ultimately impacting the 100 year FEMA floodplain to accommodate designs, potentially causing a significant rise in base flood revelations. Alternative 5 East Mine Wall Expansion Under Alternative 5, 100 year FEMA floodplain encroachment impacts would occur as part of the proposed overburden storage area. This action would result in fill in the floodplain, ultimately impacting the 100 year FEMA floodplain to accommodate designs, potentially causing a significant rise in base flood revelations. CULTURAL RESOURCES: No cultural resources were identified to occur within the LNQ permitted mine boundary during the North Carolina Natural Heritage Program (NCNHP) database the query (NCNHP, 2021; NC SHPO). Civil & Environmental Consultants, Inc.