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HomeMy WebLinkAbout20211505 Ver 1_More Info Requested_20211213DocuSign Envelope ID: 526A29A7-2FC9-4DBB-B078-9E9DF05EEF97 ROY COOPER Governor ELIZABETH S. BISER Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality December 13, 2021 DWR # 20211505 Lincoln County Hedrick Industries Attn: Mr. Jason Conner PO Box 425 Swannanoa, NC 28778 Delivered via email to: jconner@hedrickind.com Subject: REQUEST FOR ADDITIONAL INFORMATION Hedrick Gravel & Sand CO -Lake Norman Quarry Expansion and Forney Creek Relocation Dear Mr. Conner: On November 3, 2021, the Division of Water Resources (Division) received your application requesting a 401 Individual Water Quality Certification from the Division for the subject project. The Division has determined that your application is incomplete and cannot be processed. The application is on -hold until all of the following information is received: The Division's review cannot be completed until the US Army Corps of Engineers (USACE) issues a Public Notice for the project/application. If the USACE requests a response to any comments received as a result of the Public Notice, please provide the Division with a copy of your response to the USACE. [15A NCAC 02H .0502(c)] 2. Please provide the drainage area for Forney Creek at the downstream point of the proposed relocation. 3. The stream relocation plan notes the soils in the location of the proposed Forney Creek relocation and addresses concerns related to soil compaction from construction activities. The relocation of Forney Creek is proposed to occur by excavation into the existing landscape, in some locations excavation will occur up to 20 feet below the existing ground elevation. The Division has previously expressed significant concern regarding the suitability of the soil to support adequate vegetation at the proposed stream elevations. Please revise the relocation plan to specifically address this issue. EQ �� North Carolina Department of Environmental Quality Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center Raleigh, North Carolina 27699-1617 NORTH CAROL1Nl o-ew em er nro„mo��i near\ /`� 919,707,9000 DocuSign Envelope ID:526A29A7-2FC9-4DBB-B078-9E9DF05EEF97 Hedrick Industries DWR# 20211505 Request for Additional Information Page 2 of 4 4. Section 9.0 Maintenance Plan indicates that it covers maintenance of the relocated stream reaches and all structures. Please revise the maintenance plan to address maintenance of the vegetated buffer during the monitoring period. 5. Please provide the proposed temporary and permanent seed mixes for herbaceous vegetation within for all disturbed areas. 6. On Drawing 1, Conservation Easement, please clarify the difference between the proposed conservation easement boundary and the NCDEQ required 50' stream buffer. Why is the NCDEQ buffer area not included within the conservation easement boundary since a portion of the relocation and enhancement project are within that footprint? 7. Please explain the proposed site protection instrument and how it will guarantee permanent site protection if the easement holder is the same entity as the landowner/mine operator. 8. Please clarify what is meant by "active maintenance" in the Long -Term Management Plan. Activities such as periodic easement inspections, sign maintenance and perimeter monitoring will be necessary in perpetuity and should be specified as part of the longterm maintenance activities within the proposed plan. Pursuant to Title 15A NCAC 02H .0502(e), the applicant shall furnish all of the above requested information for the proper consideration of the application. Please respond in writing within 30 calendar days of receipt of this letter by sending one (1) copy of all of the above requested information to the 401 & Buffer Permitting Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617 OR by submitting all of the above requested information through this link: https://edocs.deg.nc.gov/Forms/Supplemental-Information-Form (note the DWR# requested on the link is referenced above). If all of the requested information is not received within 30 calendar days of receipt of this letter, the Division will be unable to approve the application and it will be denied as incomplete. The denial of this project will necessitate reapplication to the Division for approval, including a complete application package and the appropriate fee. Please be aware that you have no authorization under the Section 401 of the Clean Water Act for this activity and any work done within waters of the state may be a violation of North Carolina General Statutes and Administrative Code. DocuSign Envelope ID:526A29A7-2FC9-4DBB-B078-9E9DF05EEF97 Hedrick Industries DWR# 20211505 Request for Additional Information Page 3 of 4 Please contact Sue Homewood at 336-776-9693 or Sue. Homewood@ncdenr.gov if you have any questions or concerns. Sincerely, DocuSigned by: P �e6P 949D91BA53EF4E0... Paul Wojoski, Supervisor 401 & Buffer Permitting Branch Electronic cc: Kevin Thomas, CEC Inc Steve Kichefski, USACE Asheville Regulatory Field Office DWR 401 & Buffer Permitting Branch file Filename: 20211505_HedricksLakeNormalQuarryForneyCreek_Lincoln_addinfo.docx DocuSign Envelope ID:526A29A7-2FC9-4DBB-B078-9E9DF05EEF97 Hedrick Industries DWR# 20211505 Request for Additional Information Page 4 of 4