Document JNnE4Z5wQ2zvZQaQEdoJmpB1O
Clean Water Act Section 404: Site Visit/Case Development
For inspections authorized pursuant to Clean Water Act sections 308 and 404 (33 U.S.C. 1318 and 1344)
This report includes only factual information gained by documentation, onsite observations, and/or onsite interviews.
Inspector Name(s) Rachel Earwood Joel Strange
Time In 12:50 CST Start Date January 22, 2024 Time Out 15:00 CST End Date January 22, 2024
Inspector's Organization Enforcement and Compliance Assurance Division/Waterways and Wetlands Enforcement Section
Organization Requesting Inspection (if different)
Inspection Type Evaluation
Inspection Status Original
Site Name
Henry Brick Company, Inc. (Claude Jack Mine)
Site Address* Main entrance of mine is off Race Street, south of AL State Route 14
City* Selma
County* Dallas
State* AL Zip Code* 36703
Mailing Address* 3409 Water Ave
City* Selma
County* Dallas
State* AL Zip Code* 36703
Latitude* 32.424264
Longitude* -86.996939
Estimated Size of Site (acres) 295
Inspector Signature
Supervisor Signature
RACHEL EARWOOD
Digitally signed by RACHEL EARWOOD Date: 2024.04.01 10:18:18 -04'00'
AHMAD
Digitally signed by AHMAD DROMGOOLE
DROMGOOLE 16:57:46 -04'00' Date: 2024.04.01
Is there a home on the site?
Yes
No
Date
Date
Effective August 2020
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Clean Water Act Section 404: Site Visit/Case Development
For inspections authorized pursuant to Clean Water Act sections 308 and 404 (33 U.S.C. 1318 and 1344)
Site Name
Henry Brick Company, Inc. (Claude Jack Mine)
Start Date January 22, 2024 End Date January 22, 2024
Inspection Purpose Initial site visit
Presentation of Inspector Credentials
Opening Conference
Name and Title (Use N/A if owner/operator not available to join the inspection)
Denson Henry (Vice President), Davis Henry (President), Clarke Burns (Assistant Production Manager), Tom DeLawrence (legal counsel)
Opening Conference
Name of person authorizing access if applicable
Denson Henry
Notes from Opening Conference Both parties introduced themselves, then the EPA inspection team discussed the inspection's purpose and objective.
Access Issues if Any Describe N/A
Inspection Observations and Sample Collection Site Owner/Site Operator/Responsible Party (Name, title and contact information) Denson Henry, Vice President, densonhenry@henrybrick.com
Additional Persons Present at Inspection Clarke Burns, Tom DeLawrence, Courtney Shea (USACE), Bianca Jaikaran (EPA)
General Site Characteristics (layout of property, etc.) See Attachment A.
Purpose and Need for Discharge of Dredged and/or Fill Material
The company manufactures brick, which includes mining the raw material. The material is a hydric soil series commonly found in wetlands.
Site Overview (Past inspections, site description, permits, etc.)
The Site is approximately 295 acres in land area and consists of four parcels per Dallas County's public GIS map. It is located approximately two miles northeast of downtown Selma, Alabama (see Attachment C). The U.S. Army Corps of Engineers, Mobile District (USACE) became involved when the company sought after-the-fact permitting for the unauthorized impacts to WOTUS. In February 2022, the EPA, Region 4 (EPA) became the lead enforcement agency per its Memorandum of Agreement with the USACE while the matter was on Public Notice (No. SAM-2020-01147-JSC).
Effective August 2020
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Clean Water Act Section 404: Site Visit/Case Development
For inspections authorized pursuant to Clean Water Act sections 308 and 404 (33 U.S.C. 1318 and 1344)
Site Name
Henry Brick Company, Inc. (Claude Jack Mine)
Scope of Inspection (Areas inspected or not inspected) See Attachment A.
Start Date January 22, 2024 End Date January 22, 2024
Effective August 2020
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Clean Water Act Section 404: Site Visit/Case Development
For inspections authorized pursuant to Clean Water Act sections 308 and 404 (33 U.S.C. 1318 and 1344)
Site Name
Henry Brick Company, Inc. (Claude Jack Mine)
Start Date January 22, 2024 End Date January 22, 2024
Environmental Conditions (e.g., wind, rain, smoke, dust, temperature, snow) Weather Conditions During the Site Inspection: scattered clouds, mid 50s, light wind (approximately 7 mph). Antecedent precipitation was normal on the date of the inspection (see Attachment B).
Field Work Conducted Observations were conducted along the concrete-lined tributary of Beech Creek and its adjacent wetlands. Photographs were taken using a GPS-enabled Nikon AW120 camera. Locations of observations are included in the attached site overview map and photographic log (see Attachments A and C).
Closing Conference
Documents Received and/or Requested During the Inspection
None. However, Courtney Shea (USACE, Mobile District) suggested that the company submit a mitigation plan to the District in order for the USACE to begin their review.
Compliance Assistance Provided (If any)
The EPA and USACE reviewed the site schematic, that was an attachment to the November 29, 2022, Joint Public Notice between the USACE (Mobile District) and ADEM, with the closing conference group.
Observations Relayed to Site Owner/Operator
The EPA informed the group (at this time, comprised of Denson Henry, Tom DeLawrence, and Courtney Shea) that we would discuss observations with EPA management. In addition, the group was informed that the EPA inspection report would be released to the company within 70 days of the closing conference.
Actions Taken by Owner/Operator During the Inspection (If any)
None.
Potential Issues of Concern Including Regulatory Citations Unauthorized discharges of dredged and/or fill material into water of the United States (Sections 301 and 404 of the CWA, 33 U.S.C. 1311 and 1344).
Attachments* Maps and Sketches Photographs (including location) and Photo Log Other (SSIP, Wetlands Delineation Forms, etc.)
Attachment A - Site Overview Map Attachment B - Antecedent Precipitation Data Attachment C - Photographic Log
Additional Notes
None.
Effective August 2020
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Henry Brick Company, Inc. - Claude Jack Mine
Selma, Dallas County, Alabama January 22, 2024
Tributary to Beech Creek (relavely permanent water)
Red arrows indicate the direction of flow. Seventeen (17) photos were taken onsite.
Antecedent Precipitation vs Normal Range based on NOAA's Daily Global Historical Climatology Network
ATTACHMENT B:
Daily Total 30-Day Rolling Total
12
30-Year Normal Range
10
2024-01-22
8
Rainfall (Inches)
6
2023-11-23
4
2
2023-12-23
0 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun
2023
2023
2023
2023
2023
2023
2024
2024
2024
2024
2024
2024
Coo3r2d.i4n2a7te0s53001369465, -86.99075075783085
Observation Date
2024-01-22
Elevation (ft)
116.339
Drought Index (PDSI)
Incipient wetness
WebWIMP H2O Balance
Wet Season
30 Days Ending 2024-01-22 2023-12-23 2023-11-23 Result
30th %ile (in) 3.434252 3.350788 1.342126
70th %ile (in) 5.296851 6.261024 5.533465
Observed (in) 8.622048 0.893701 4.610236
Wetness Condition Wet Dry
Normal
Condition Value 3 1 2
Month Weight 3 2 1
Product 9 2 2
Normal Conditions - 13
Weather Station Name SELMA
SELMA 1.5 WSW SELMA 6 SSE
JONES BLUFF L&D
Coordinates 32.4111, -87.0144 32.4042, -87.0546 32.335, -86.9786 32.3236, -86.7828
Elevation (ft) 146.982 150.919 157.152 145.997
Distance (mi) 1.766 2.393 5.658 14.806
Elevation 30.643 3.937 10.17 0.985
Weighted 0.849 1.086 2.604 6.677
Days Normal 10986 280 21 65
Days Antecedent 90 0 0 0
Attachment C Henry Brick Company, Inc.
Claude Jack Mine
Site Inspection Photographic Log Selma, Dallas County, Alabama January 22, 2024 Overview Map
Satellite imagery sourced from Google Earth, dated 4/19/2024 Topographic map layer sourced from Earth Point
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Title Comment Description
Photo 1 Taken by Rachel Earwood Striking east, downstream. Tributary (relatively permanent water, "RPW") site-side of Franklin Street. Beginning of channelization. Red arrow in top photo indicates direction of flow.
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Photo 2 Taken by Rachel Earwood Striking west, upstream. RPW on opposite side of Franklin Street. Culverted under road. No directional flow observed.
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Photo 3 Taken by Rachel Earwood Striking south. Looking from dirt road to the channelized tributary-side of the landscape. Notice brick material near road. Juncus effusus common.
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Photo 4 Taken by Rachel Earwood Striking east. Other side of dirt road.
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Photo 5 Taken by Rachel Earwood Striking south, southwest. Overflow area from open water/pond. Evidence of flow over the dirt road/berm.
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Title Comment Description
Photo 6 Taken by Rachel Earwood Striking east, upstream of channel (RPW).
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Photo 7 Taken by Rachel Earwood Striking east. Continuation of the channel on the other side of the dirt road/berm.
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Photo 8 Taken by Rachel Earwood Striking southeast. Confluence of channel in Photos 57 with the channelized tributary (RPW) that transverses the property. Notice plum; evidence of flow moving under the concrete.
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Title Comment Description
Photo 9 Taken by Rachel Earwood Striking south. Downstream of the channelized tributary.
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Photo 10 Taken by Rachel Earwood Striking northeast. Across the road from the excavated area. Notice the two corrugated pipes; initially installed pipe located at the water's surface.
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Title Comment Description
Photo 11 Taken by Rachel Earwood Striking southwest. Downstream of Intermittent Stream 1, or "IS-1" (per GMC's Figure 6B, dated 8/2/2022 ).
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Title Comment Description
Photo 12 Taken by Rachel Earwood Striking east. Pond-side of the culvert that runs under the dirt road/berm. Approximately 11 acres have been excavated.
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Photo 13 Taken by Rachel Earwood Striking northeast. Landscape across the open water where wetlands were mechanically land-cleared (approx. 55.09 acres) and excavated (approx. 11 acres).
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Title Comment Description
Photo 14 Taken by Rachel Earwood Striking east. View of mechanically cleared wetlands.
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Photo 15 Taken by Rachel Earwood Hydric soil indicator, per U.S. Army Corps of Engineers Regional Supplement to the Delineation Manual, observed at this sampling location.
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Title Comment Description
Photo 16 Taken by Rachel Earwood Striking west. Newly dug pond that has its fill material placed to the right of the image. Southern end of the Wetland 1 ("W-1" per GMC report) swale is also to the right of where this photo was taken.
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Title Comment Description
Photo 17 Taken by Rachel Earwood Striking northwest. Looking up the swale toward W-1's northern portion, as delineated by GMC.
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Title Comment Description
Photo 18 Taken by Rachel Earwood Striking south. Looking down the swale from the southern boundary of W-1's northern portion.
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Title Comment Description
Photo 19 Taken by Rachel Earwood Striking north. Looking toward the cleared W-1 from its northern portion's southern boundary.
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Title Comment Description
Photo 20 Taken by Rachel Earwood Striking northwest, upstream. Beech Creek from Water Avenue.
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Title Comment Description
Photo 21 Taken by Rachel Earwood Striking south, downstream. Beech Creek from Water Avenue.
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Title Comment Description
Photo 22 Taken by Rachel Earwood Striking southwest. Confluence of Beech Creek and the Alabama River, a Section 10 Water at this location.
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