SAW-2020-00436 Lake Norman Quarry Inquiry Response

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
March 6, 2024

Regulatory Division

Mr. Richard Miklitsch
474 Bowline Drive
Denver, North Carolina 28037

SUBJECT: SAW-2020-00436 Hedrick Industries Inc. – Lake Norman Quarry Inquiry
Lincoln County, North Carolina

Dear Mr. Miklitsch:

The U.S. Army Corps of Engineers Wilmington District (Corps) received your
correspondence dated February 21, 2024, requesting reevaluation of an Individual
Permit decision previously issued to Hedrick Industries Inc. - Lake Norman Quarry
(SAW-2020-00436). Your request is based on an assertion that application materials
are false, incomplete, or inaccurate and significant new information is presented as
described in Further Information section Items 4 and 5 of the Corps’ original
authorization. The Corps has reviewed your request and determined that reevaluation is
not warranted.

During the review and consideration of the project, the Corps was aware of the
Trilogy Community’s presence located to the north of the project area. In keeping with
our Public Notice procedures outlined in 33 CFR 325.3, the Notice requesting
comments for this project (Attached) was distributed to the applicant, their consultant,
adjoining property owners, elected officials, Stanley postmaster/post office, tribal
organizations, state agencies, and other federal agencies. Lake Norman Community
Association Inc. was identified as owning three of the adjoining properties (Tax Parcel
IDs 102694, 100878, and 100092). A separate Notice was mailed to the Association for
each parcel. No comments were received from the Association or any other individual
adjoining property owner. The Notice was also published on our Regulatory website
(https://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Public-Notices/ )
The comment period for the Notice was open from December 21, 2021, to January 19,
2022.

According to your correspondence, Lake Norman Community Association Inc.
remains the Homeowners Association for the common space in the Trilogy community
and the property adjoining the Lake Norman Quarry property line. Whether the
Association shared the opportunity to comment on the project with individual property
owners within the community was their decision.

The Corps recognizes your ongoing concerns regarding operational practices at the
mine and recommends that you engage with both the North Carolina Department of
Environmental Quality’s Division of Energy, Mining, and Land Resources (NCDEMLR)
and the Quarry’s owner Hedrick Industries Inc. at the earliest opportunity. Both parties
are copied on this letter.

Lastly, in issuing the permit for this project, the Corps and/or Federal Government
does not assume liability for damages to persons, property, or to other permitted or
unpermitted activities or structures caused by the activity authorized by the permit
issued to Hedrick Industries Inc. Additional information regarding Federal Liability is
listed under the Further Information section Item 3.

Sincerely,

Samantha Dailey
Chief, Charlotte Regulatory Field Office
Wilmington District

Enclosures

Copy Furnished w/attachments (via e-mail):

Mr. Jason Conner, Hedrick Industries Inc. – [e-mail]
Mr. Zahid Khan, NCDEMLR - [e-mail]
Ms. Stephanie Goss, NCDWR - [e-mail]