20231592 Ver 1_ePCN Application_20231121

i DWR
Division of Water Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
October 2, 2023 Ver 4.3
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 If needed.
Pre -Filing Meeting Date Request was submitted on:
1/27/2023
Does this project involve maintenance dredging funded by the Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund or involve the distribution or transmission of energy or
fuel, including natural gas, diesel, petroleum, or electricity?
Yes No
BIMS # Assigned *
Version# *
20231592
1
Is a payment required for this project?*
No payment required
What amount is owed?*
Fee received
$240.00 $570.00
Fee needed - send electronic notification
$323.00 $767.00
Reviewing Office*
Select Project Reviewer*
Asheville Regional Office - [phone]
Tyler Hickman:Tyler.Hickman
Information for Initial Review
1a. Name of project:
South McDowell Quarry Overburden Storage
1a. Who is the Primary Contact?*
Jason Conner
1b. Primary Contact Email: * 1c. Primary Contact Phone: *
[e-mail] [phone]
Date Submitted
11/21/2023
Nearest Body of Water
Muddy Creek
Basin
Catawba
Water Classification
C
Site Coordinates
Latitude:
Longitude:
35.6375917
-81.9581712
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
McDowell
O
Is this a NCDMS Project
Yes No

Is this project a public transportation project?*
Yes No
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
1b. 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
Nationwide Permit (NWP) Number: 44 - Mining
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
401 Water Quality Certification - Express
Riparian Buffer Authorization
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification: Yes No
For the record only for Corps Permit: Yes No
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
1h. 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
2. Owner Information
2a. Name(s) on recorded deed:
B.V. Hedrick Gravel & Sand Company
2b. Deed book and page no.:
00595/0337
2c. Contact Person:
Jason Conner

2d. Address
Street Address
PO Box 425
Address Line 2
City
Swannanoa
Postal / Zip Code
28778
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Kevin Thomas
4b. Business Name:
Davey Resource Group, Inc.
4c.Address
Street Address
222 South Caldwell St, Unit 1504
Address Line 2
city
Charlotte
Postal / Zip Code
28202
4d. Telephone Number:
[phone]
4f. Email Address:*
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Marion
2. Project Identification
2a. Property Identification Number:
172000017115
2c. Project Address
Street Address
1182 Old Glenwood Rd
Address Line 2
City
Marion
Postal / Zip Code
28752
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Muddy Creek
3b. Water Resources Classification of nearest receiving water:
C
3c. What river basins) is your project located it *
Catawba
State / Province / Region
NC
Country
Buncombe
2f. Fax Number:
[phone]
State / Province / Region
NC
Country
Mecklenburg
4e. Fax Number:
2b. Property size:
126
State / Province / Region
NC
Country
McDowell

3d. Please provide the 12-digit HUC in which the project is located.
030501010601
4. Project Description and History
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: *
Project Area is 3.6 Acres within Parcel 172000017115. Current land use on site is dominated by active mining / industrial activities. Surrounding land use is dominated by tree orchards to
the east and south east, with an active railroad and highway to the southeastern border of the project area.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?
Yes No Unknown
4f. List the total estimated acreage of all existing wetlands on the property:
0
4g. List the total estimated linear feet of all existing streams on the property:
750
4h. Explain the purpose of the proposed project:*
This is a proposed project for overburden storage to increase Life of Mine. The proposed action is located within the permitted mine boundary
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
In an effort to increase current Life of Mine (LOM), there is an unavoidable need to impact 1,417 square feet (SF) / 383 linear feet (LF) with an average OHWM width of 3.7ft of an
intermittent stream. Normal stream flow will be carried by installing an underdrain structure. The pipe will be filled around and covered with stone to protect the pipe from displacement of
the Class II Riprap channel lining. The riprap will prevent erosion during storm and heavy -flow events and will provide a stop and armored clean -out should material from above
inadvertently roll downhill to the stream area. Equipment to be used includes general construction equipment such as excavators, backhoes, bulldozers, graders, and dump and haul
trucks. (See attached Engineered drawings and technical specifications for the project area).
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?
Yes No G Unknown
Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made?
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Kevin Thomas, PWS & NC LSS
Agency/Consultant Company: Davey Resource Group, Inc.
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
On 6/23/23, Kevin Thomas who was with CEC, now Davey Resource Group, met with USACE PM Amanda Fuemmeler on site and received a verbal confirmation of jurisdictional
determination and agreement with proposed 1:1 ratio for aquatic resource impacts on site due to low scoring NCSAM.
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?
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
3. Stream Impacts
3a. Reason for impact (?)
3b.lmpact type*
3c. Type of impact* ���name*
�3e. Stream Type*
?)
3f. Type of
Jurisdiction*
3g. S. width
3h. Impact
length*
fl
Overburden Storage
Permanent
Fill
SA 1
Intermittent
Both
37
Average (feet)
383
(linear feet)

3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
383
3i. Total stream and ditch impacts:
383
3j. Comments:
Average OHWM - 3.7 feet
E. Impact Justification and Mitigation
1. Avoidance and Minimization
3i. Total temporary stream impacts:
0
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Hedrick Industries is avoiding further impacts to other aquatic resources and maintaining a 50' buffer off of any jurisdictional streams. No further aquatic
resources within the permitted mine lands will be impacted. This was the only alternative available for overburden expansion within the permitted mine
lands.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Proper techniques will be utilized while working in/around the jurisdictional stream feature included: pump around practices and filtering. Other
jurisdictional feature impacts will be avoided by establishing a suitable buffer width around all features and keeping all construction/pedestrian/vehicular
activities outside and away from the buffer.
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):
D W R 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
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
Water & Land Solutions, LLC, Catawba 01 Umbrella Mitigation Bank; Starker Site,
3b. Credits Purchased/Requested (attach receipt and letter)
Type: Quantity:
Stream 383
3c. Comments
See attached Statement of Availability from WLS
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 OO No
If no, explain why:
The project is not located within or adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules.
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
O

State Stormwater Programs
Phase II
HWQ or ORW
Coastal Counties
Other NC DEQ; Division of Energy Mineral & Land Resources
Comments:
NC DEC, Mine Permit Certificate of Coverage # NCG020467 and Stormwater Pollution Prevention Plan (see attachments)
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 (15A NCAC 2H .0500), Isolated Wetland Rules (15A 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.
This is a single and complete project.
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
5i. 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?
IPaC, see attached consult letters
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?
NOAA Fisheries, also known as the National Marine Fisheries Services (NMFS)
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?"
http://gis.ncdcr.gov/hpoweb/
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?
Yes No
8c. What source(s) did you use to make the floodplain determination?"
https:/Imsc.fema.gov/
Miscellaneous O
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 drag and drop files here to attach document
192635_DWR PreFile_Project Submittal Interim Form_01242023.pdf
125.95KB
192635_DWR PreFile_Project Submittal Interim Form_EMAIL.pdf
177.67KB
192635_Figures_1-6.pdf
13.42MB
192635_SITE1_CULTURAL_RESOURCES _MAP.pdf
1.77MB
192635_SITE1_FIG8_IMPACTS_MAP.pdf
2.22MB
192635_SITE1_TROUT_WATERSHED_MAP.pdf
1.2MB
COC NCG020467.pdf
562.91KB
NCG020000-General-Permit-07012021.pdf
923.98KB
SMQ SWPP Revised 3-24-2021.pdf
284.72KB
NLAA Consistency Letter_ Northern Long-eared Bat Rangewide Determination Key 2023-10-05.pdf
161.46KB
10.5.23 Species List_ Asheville Ecological Services Field Office.pdf
176.72KB
REVISED-B.V. Hedrick Indsutries-SMQ- Starker SOA-10-09-2023.pdf
40.62KB
Signed Agent Authorization Form 10-10-2023.pdf
49.63KB
2023-11-15 -- South McDowell Quarry Storm Water Plan.pdf
686.24KB
22333 -- South McDowell Quarry - Specifications - 2023-11-15.pdf
525KB
File must be PDF or KMZ
Comments
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
Date
11 /21 /2023
a