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
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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
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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.
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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
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-4,493 If
4.5ACRES OF WETLAND.
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SCALE IN FEET
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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 ,
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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.