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
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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