20190868 Ver 1_401 Application_20210222

DWR
Division of Water Resources
Pre -Construction Notification (PCN) Form
October 26, 2020 Ver 3.3
Initial Review
Has this project met the requirements for acceptance in to the review process?*
r Yes
r No
Is this project a public transportation project?*
C Yes r No
Change only if needed.
BIMS # Assigned
20190868
Is a payment required for this project?*
r No payment required
r Fee received
r Fee needed - send electronic notification
Reviewing Office *
Central Office - [phone]
Information for Initial Review
1a. Name of project:
Dynamite Creek Mitigation Site
1a. Who is the Primary Contact?*
Angela Allen
1b. Primary Contact Email:*
[e-mail]
Date Submitted
2/22/2021
Nearest Body of Water
Dan River
Basin
Roanoke
Water Classification
C
Site Coordinates
Latitude: Longitude:
36.484832-79.710779
Pre -Filing Meeting Information
ID#
20190868
Pre -fling Meeting or Request Date*
1/21/2021
Attach documentation of Pre -Filing Meeting Request here:*
DWR Pre -Filing Meeting Request Form.pdf
Version#*
1
What amout is owed?*
r $240.00
r $570.00
Select Project Reviewer*
Erin Davis:eads\ebdavis
1c. Primary Contact Phone:*
[phone]
Version
1
50.88KB
A. Processing Information C^U
County (or Counties) where the project is located:
Rockingham

Is this a NCDMS Project
r Yes r No
Is this project a public transportation project?*
r Yes r No
la. Type(s) of approval sought from the Corps:
* Section 404 Permit (wetlands, streams and waters, Clean Water Act)
r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
r Yes
r No
1b. What type(s) of permit(s) do you wish to seek authorization?
W Nationwide Permit (NWP)
r Regional General Permit (RGP)
r Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?
r Yes r No
Nationwide Permit (NWP) Number: 27 - Restoration
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
W 401 Water Quality Certification - Regular
r Non-404 Jurisdictional General Permit
r Individual Permit
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR401 Certification:
For the record only for Corps Permit:
F 401 Water Quality Certification - E)press
F Riparian Buffer Authorization
1f. Is this an after -the -fact permit application?*
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
Acceptance Letter Attachment
Approval Letter_ Dynamite Creek_SAW-2019-00909.pdf
1h. Is the project located in any of NC's twenty coastal counties?
r Yes r No
1j. Is the project located in a designated trout watershed?
r Yes r No
B. Applicant Information
1d. Who is applying for the permit?
F Owner W Applicant (other than owner)
le. Is there an Agent/Consultant for this project?*
r Yes r No
2. Owner Information
2a. Name(s) on recorded deed:
329 Partners, LLC
2b. Deed book and page no.:
DB 1131 Pg 1402
2c. Responsible party:
Robert Kluttz
2d.Address
212.13KB
*
r Yes r No
r Yes r No

Street Address
4400 Silas Creek Parkway
Address tine 2
Suite 104
City
Winston Salem
Postal / Zip Code
27104
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Lin Xu
3b. Business Name:
NCDEQ - DIMS
3c.Address
Street Address
217 W. Jones St
Address Line 2
Suite 3000A
City
Raleigh
Postal / Zip Code
27603
3d. Telephone Number:
[phone]
31'. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Angela Allen
4b. Business Name:
Wildlands Engineering
4c.Address
Street Address
312 W. Millbrook Rd
Address Line 2
Suite 225
City
Raleigh
Postal / Zip Code
27609
4d. Telephone Number:
[phone]
4f. Email Address:*
[e-mail]
Agent Authorization Letter*
Dynamite LOA.pdf
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(i appropriate)
1c. Nearest municipality/ town
Eden. NC
Slate / Province / Pagion
NC
Country
us
2f. Fax Number:
Slate / Province / IBgion
NC
Country
us
3e. Fax Number:
State / Province / Region
NC
Country
us
4e. Fax Number:
31.08 KB

2. Project Identification
2a. Property Identification Number:
798916947057
2c. Project Address
Street Address
850 Town Creek Road
Address tine 2
aty
Eden
Postal / Zip Code
27288
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Dan River
3b. Water Resources Classification of nearest receiving water:*
C
3c. What river basin(s) is your project located in?*
Roanoke
3d. Please provide the 12-digit HUC in which the project is located.
030101030901
4. Project Description and History
2b. Property size:
22.9 (conservation easement)
State / Province / Region
NC
Country
US
4a. Describe the existing conditions on the site and the general land use in the vicinityof the project at the time of this application:*
The project watershed includes a forested area and a portion maintained as pasture for grazing cattle. The forested area was in agricultural use decades ago. This area includes stable
stream reaches as well as reaches that are incised and eroding. The stream has been channelized through the pasture area and few, scattered woody plants are present in the
floodplain. Cattle have access to streams and riparian wetlands.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
r Yes IT No r Unknown
4d. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR)
USGSTopo.pdf
1.22 MB
4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR)
SoilsMap.pdf 614.14KB
4f. List the total estimated acreage of all existing wetlands on the property:
6.15
4g. List the total estimated linear feet of all existing streams on the property:
5700.72
4h. Explain the purpose of the proposed project:*
The purpose of the proposed project is to provide stream and wetland mitigation credits in the Roanoke River 03010103 service area. Mitigation practices will includes stream
restoration, stream enhancement I, stream preservation, wetland re-establishment, wetland rehabilitation, riparian buffer planting, and cattle exclusion.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
Stream restoration will involve excavation of a new channel that is required to be functional and stable. Stream dimension, pattern, and profile have been designed to allowfrequent
overbank flows, a stable bed with variable bed forms using in -stream structures, well vegetated bank slopes, a well connected floodplain, and improvements to aquatic habitat.
Enhancement I will include addition of bank revetments, in stream structures, and some channel realignment. No impacts are proposed to stream preservation reaches. Wetland re-
establishment and rehabilitation will be accomplished though raising the stream bed relative to its current elevation, filling of drainage furrows, and removal of artificially elevated soil
surfaces. The project area will be placed in a conservation easement to protect it in perpetuity. Cattle will be excluded and native riparian vegetation will be established where it is
currently absent. Excavators and bulldozers will be used for channel excavation/filling and floodplain grading. Off road dump trucks will be used for hauling soil.
4j. Please upload project drawings for the proposed project.
Impact Maps.pdf 6.85MB
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
r Yes r No 6 Unknown
Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
r Preliminary r Approved r Not Verified r Unknown r N/A
Corps AID Number:
SAW-2019-00909

5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Charlie Waves
Agency/Consultant Company: Wildlands Engineering
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made bythe Corps or DWR
PJD issued on 6/15/2020
5d1. Jurisdictional determination upload
2019-00909 PJD Tearsheet.pdf 2.78MB
6. Future Project Plans
6a. Is this a phased project?"
r Yes r 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?
i D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
W Wetlands W Streams -tributaries f Buffers
r Open Waters r Pond Construction
2. Wetland Impacts
2a1 Reason (?)
2b. Impact type * M
2c. Type of W.* 2d. W. name *
2e. Forested *
2f. Type of
Jurisdicition*(?)
2g. Impact
area
W1
Floodplain Grading
T
Headwater Forest Wetland O
Yes
Both
0.001
(acres)
W2
Channel Relocation
P
Floodplain Pool Wetland T
Both
0.003
(acres)
W3
Floodplain Grading
T
Floodplain Pool Wetland T
Both
0.001
(acres)
W4
Channel Relocation 1P
Headwater Forest Wetland S
Yes
Both
0.013
(acres)
W5
Floodplain Grading
T
Headwater Forest Wetland S
Yes
Both
0.009
(acres)
W6
Permanent Crossing
P
Bottomland Hardwood Forest Wetland A
No
Both
0.008
(acres)
Fill
P
Riverine Swamp Forest Wetland O
Both
0.092
(acres)
W8
Floodplain Grading
T
Bottomland Hardwood Forest Wetland A
Both
0.054
(acres)
W9
Floodplain Grading
T
Bottomland Hardwood Forest Wetland B
No
Both
0.024
(acres)
W10
Channel Relocation
P
Bottomland Hardwood Forest Wetland D
Both
0.006
(acres)
W11
Floodplain Grading
T
Bottomland Hardwood Forest Wetland D
No
Both
0.001
(acres)
W12
Channel Relocation
P
Bottomland Hardwood Forest Wetland G
Both
0.067
(acres)
W13
Floodplain Grading
T
Bottomland Hardwood Forest Wetland G
No
Both
0.051
(acres)
W14
Channel Relocation
P
Bottomland Hardwood Forest Wetland K
�No
Both
0.009
(acres)
W15
Floodplain Grading
T
Bottomland Hardwood Forest Wetland K
�No
Both
0.010
(acres)
W16
Rock Valley Sill
P
Headwater Forest
W
0.001
____][Wetland
t____]Both
(acres)

2g. Total Temporary Wetland Impact
0.151
2g. Total Permanent Wetland Impact
0.199
2g. Total Wetland Impact
0.350
2h. Comments:
3. Stream Impacts
F
3a. Reason for impact (?)
3b.lmpact type *
3c. Type of impact *
3d. S. name*
3e. Stream Type *
3f. Type of
3g. S. width *
3h. Impact
(?)
Jurisdiction*
length*
S1
Restoration/Enhancement
Permanent
Relocation
D namite Creek
Y
Perennial
Both
7
3,437
Average (feet)
(linearfeet)
g2
Temporary Crossing
Temporary
Other
Dynamite Creek
Perennial
Both
7
12
Average (feet)
(linearfeet)
S3
Bank Stabilization
Permanent
Stabilization
Village Creek
9
Intermittent
Both
3
12
Average (feet)
(linearfeet)
S¢
Temporary Crossing
Temporary
Other
Cabin Creek
Intermittent
Both
3
19
Average (feet)
(lir�rfeet)
S5
Restoration/Enhancement
Permanent
Fill
Cabin Creek
Intermittent
Both
3
20
Average (feet)
(linearfeet)
S6
Restoration/Enhancement
Permanent
Stabilization
City Creek
Y
Intermittent
Both
8
L(I—r
-]
Aver -(-feet)
et)
31. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
3,547
3i. Total stream and ditch impacts:
144
3j. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
3i. Total temporary stream impacts:
31
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Stream restoration and enhancement I activities will introduce fill to existing stream channels but are designed to have an overall positive impact.
Stream impacts will be avoided and minimized to protect reaches that exhibit less instability. These reaches are generally proposed for preservation.
Stream alignments for restoration and enhancement I reaches were designed to avoid existing wetlands as much as possible. Unavoidable impacts to
wetlands are due to floodplain grading or conversion of wetland to stream channel.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Restoration will involve construction of offline channel sections which will minimize sedimentation to aquatic systems during construction. Newly
constructed channel banks will be stabilized using biodegradable coir fiber matting and seeded and planted with native riparian vegetation. Temporary
construction crossings will be minimized. Construction practices will follow guidelines from the NC Erosion and Sediment Control Planning and Design
Manual.
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?
r Yes r No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
Projects authorized under MNP 27 are exempt from compensatory mitigation.
FFStormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
r Yes r No
If no, explain why:
The Roanoke 03010103 is not regulated by riparian buffer rules.

2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
r Yes r No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
r Yes r No
Comments:
G. Supplementary Information
1. Environmental Documentation
la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?*
r Yes r No
1b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina)
Environmental Policy Act (NEPA/SEPA)? *
r Yes r No
1c. If you answered "yes" to the above, has the document review been finalized bythe State Clearing House?*
r Yes r No
NEPAor SEPA Final Approval Letter
Categorical Exclusion checklist.pdf
2. Violations (DWR Requirement)
574.27KB
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)? *
r Yes r No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
r Yes r No
3b. If you answered "no," provide a short narrative description.
Development is explicitly prohibited in the conservation easement and the project is not expected to encourage or facilitate future development.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
r Yes r Nor 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?*
r Yes r No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
r Yes r No
5c. If yes, indicate the USFWS Field Office you have contacted.
Raleigh
5d. Is another Federal agency involved?*
r Yes r No r Unknown
5e. Is this a DOT project located within Division's 1-8?
r Yes r No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
r Yes r No
5g. Does this project involve bridge maintenance or removal?
r Yes r No
5h. Does this project involve the construction/installation of a wind turbine(s)?'
r Yes r No
51. 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.?
r Yes r No

5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
USFWS and NC Natural Heritage Program databases were utilized. See approved Categorical Exclusion appended to Mitigation Plan for additional
documentation.
Consultation Documentation Upload
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
r Yes
r No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
NOAA Essential Fish Habitat Mapper was utilized. USFWS and NCWRC were contacted regarding fish and wildlife issues associated with the proposed
project. No concerns were identified regarding essential fish habitat. Correspondence is included in the Categorical Exclusion.
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?*
r Yes
r No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
NCSPO was contacted regarding historic resources near the project and and replied that they are aware of no historical resources which would be
affected by the project. Correspondence is included in the Categorical Exclusion.
7c. Historic or Prehistoric Information Upload
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
r Yes r No
8b. If yes, explain how project meets FEMA requirements:
A flood plain development permit application has been submitted to the Rockingham County Floodplain Administrator and is currently under review.
8c. What source(s) did you use to make the floodplain determination?*
FIRM panel 3710799900J.
Miscellaneous
Comments
Miscellaneous attachments not previously requested.
DynamiteCreek_100125_MP_2021.pdf 43.29MB
DynamiteCreek40l FeeMemo.pdf 338.72KB
Signature
W 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:
Angela Allen
Signature
0191-1-OA1111.
Full Name (DMS Signature)
Lin Xu
DSM Signature
llG
Date

2/22/2021

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
January 6, 2021
Regulatory Division
Re: NCIRT Review and USACE Approval of the NCDMS Dynamite Creek Mitigation Site /
Rockingham Co./ SAW-2019-00909/ NCDMS Project # 100125
Mr. Tim Baumgartner
North Carolina Division of Mitigation Services
1652 Mail Service Center
Raleigh, NC 27699-1652
Dear Mr. Baumgartner:
The purpose of this letter is to provide the North Carolina Division of Mitigation Services
(NCDMS) with all comments generated by the North Carolina Interagency Review Team
(NCIRT) during the 30-day comment period for the Dynamite Creek Draft Mitigation Plan, which
closed on November 28, 2020. These comments are attached for your review.
Based on our review of these comments, we have determined that no major concerns
have been identified with the Draft Mitigation Plan, which is considered approved with this
correspondence. However, several minor issues were identified, as described in the attached
comment memo, which must be addressed in the Final Mitigation Plan.
The Final Mitigation Plan is to be submitted with the Preconstruction Notification (PCN)
Application for Nationwide permit approval of the project along with a copy of this letter. Issues
identified above must be addressed in the Final Mitigation Plan. All changes made to the Final
Mitigation Plan should be summarized in an errata sheet included at the beginning of the
document. If it is determined that the project does not require a Department of the Army permit,
you must still provide a copy of the Final Mitigation Plan, along with a copy of this letter, to the
USACE Mitigation Office at least 30 days in advance of beginning construction of the project.
Please note that this approval does not preclude the inclusion of permit conditions in the permit
authorization for the project, particularly if issues mentioned above are not satisfactorily
addressed. Additionally, this letter provides initial approval for the Mitigation Plan, but this does
not guarantee that the project will generate the requested amount of mitigation credit. As you
are aware, unforeseen issues may arise during construction or monitoring of the project that may
require maintenance or reconstruction that may lead to reduced credit.

Thank you for your prompt attention to this matter, and if you have any questions
regarding this letter, the mitigation plan review process, or the requirements of the Mitigation
Rule, please call me at 919-554-4884, ext 60.
Sincerely,
BROWN INGAMBERL Digitally signed by
Y.DANIELLE.1527683 BROWN ING.KIMBERLY.DANIELLE.
1527683510
510 Date: 2021.01.06 15:13:04-05'00'
Kim Browning
Mitigation Project Manager
for Ronnie Smith, Deputy Chief
USACE Regulatory Division
Enclosures
Electronic Copies Furnished:
NCIRT Distribution List
Jeremiah Dow, Lindsay Crocker—NCDMS
John Hutton—WEI

LANDOWNER AUTHORIZATION FORM
PROPERTY LEGAL DESCRITION:
Deed Book: 1555 Page: 379 County: Rockingham
Parcel ID Number: 798916947057
Street Address: 1121 Town Creek Road, Eden, North Carolina
Property Owner (please print): 329 Partners, LLC
Property Owner (please print):
The undersigned, registered property owner(s) of the above property, do hereby authorize
Wildlands Engineering, Inc. to take all actions necessary for the evaluation of the property as a
potential stream, wetland and/or riparian buffer mitigation project, including conducting stream
and/or wetland determinations and delineations, as well as issuance and acceptance of any required
permit(s) or certification(s). I agree to allow regulatory agencies, including the US Army Corps of
Engineers, to visit the property as part of these environmental reviews.
Property Owners(s) Address: 4400 Silas Creek Parkway, Suite 104
(if different from above)
Winston Salem, NC 27104
Property Owner Telephone Number: 336-659-0050
Property Owner Telephone Number:
We hereby certify the above information to be true and accurate to the best of our knowledge.
y
(Property Owner Authorized
G
(Property Owner Authorized Signature) (Date)

I, S
Southeast Eden USGS 7.5-Minute Topographic Quadrangle
WILDLANDS
ENGINEERING
L_ _J Proposed Conservation Easement
i
r
y
Dynamite Creek Mitigation Site
0 300 600 Feet Roanoke River Basin 03010103
I I I I I
Rockingham County, NC

Figure 3 Impact Map Overview
WILD LANDS 0 340 680 Feet Dynamite Creek Mitigation Site
ENGINEERING I i i i I Roanoke River Basin 03010103
Rockingham County, NC

Figure 3a Impact Map
WILD LANDS 0 125 250 Feet Dynamite Creek Mitigation Site
ENGINEERING I i i i I Roanoke River Basin 03010103
Rockingham County, NC

W13 - Floodplain Grading
W12 - Channel Relocation
W13 -Floodplain Grading W15 - Floodplain Grading
W8 - Floodplain Grading
S1 - Relocation W14 - Channel Relocation
W11 - Floodplain Grading eeµ r
W10 - Channel Relocation/ G�
,te F
� 8 - Floodplain Grading/
W9 - Floodplain Grading O _
04
�.
7777
iaL 1 u
4
t W6 -Permanent Crossing
Conservation
Y
----- - Permanent
F
W5 - Floodplain Grading /�/Existing Wetland
� say `� �
'- k
�S1 -Relocation ImpactPermanent Stream
1,
Temporary Stream Impact
—,
W4 - Channel Relocation Existing Intermittent Stream
Existing Perennial Stream
W2 - Channel Relocation Floodplain Grading` "Topographic Contour (4')
018Aerial Photography -

Categorical Exclusion Form for Ecosystem Enhancement
Program Projects
Version 2
Note: Only Appendix A should to be submitted (along with any supporting documentation) as the
environmental document.
Part 1: General Project• •
Project Name: Dynamite Creek Mitigation Site
Count Name:
Rockingham County
100125
DMS Number:
Project Sponsor:
Wildlands Engineering, Inc.
Project Contact Name:
Kirsten Gimbert
Project Contact Address:
1430 S. Mint Street, Suite 104, Charlotte, NC 28203
Project Contact E-mail:
[e-mail]
DMS Project Mang er: Jeremiah Dow
Proiect Description
This project includes stream restoration, enhancement, and preservation, and wetland re-establishment. The area
surrounding the site is currently cattle pasture. The major goals are to provide ecological and water quality
enhancements to the Roanoke River Basin while creating a functional riparian corridor at the site level. This will be
accomplished by removing cattle access to streams, creating stable stream banks, reconnecting incised streams to
floodplains, restoring wetland function, restoring a riparian buffer from heavily grazed pasture, and protecting and
preserving existing forested buffers.
Reviewed By:
Date
Date
Check this box if there are outstanding issues
Final Approval By:
Date
Manager
For Division Administrator
FHWA
For Division Administrator

Part 2: All
Regulation/Question Response
Coastal Zone Management Act CZMA
1. Is the project located in a CAMA county?
❑ Yes
0 No
2. Does the project involve ground -disturbing activities within a CAMA Area of
❑ Yes
Environmental Concern (AEC)?
❑ No
0 N/A
3. Has a CAMA permit been secured?
❑ Yes
❑ No
❑ N/A
4. Has NCDCM agreed that the project is consistent with the NC Coastal Management
❑ Yes
Program?
❑ No
N/A
Comprehensive Environmental Response, Compensation and Liabilit Act CERCLA
1. Is this a "full -delivery" project?
Ell Yes
❑ No
2. Has the zoning/land use of the subject property and adjacent properties ever been
✓❑ Yes
designated as commercial or industrial?
✓❑ No
❑ N/A
3. As a result of a limited Phase I Site Assessment, are there known or potential
❑ Yes
hazardous waste sites within or adjacent to the project area?
❑✓ No
❑ N/A
4. As a result of a Phase I Site Assessment, are there known or potential hazardous
❑
Yes
waste sites within or adjacent to the project area?
❑
No
✓❑
N/A
5. As a result of a Phase II Site Assessment, are there known or potential hazardous
❑
Yes
waste sites within the project area?
❑
No
❑✓
N/A
6. Is there an approved hazardous mitigation plan?
❑
Yes
❑
No
❑✓
N/A
National Historic Preservation Act Section 106
1. Are there properties listed on, or eligible for listing on, the National Register of
❑✓ Yes
Historic Places in the project area?
❑ No
2. Does the project affect such properties and does the SHPO/THPO concur?
❑ Yes
✓❑ No
❑ N/A
3. If the effects are adverse, have they been resolved?
❑ Yes
❑ No
✓❑ N/A
Uniform Relocation Assistance and Real Property Acquisition Policies Act Uniform
Act
1. Is this a "full -delivery" project?
✓❑ Yes
❑ No
2. Does the project require the acquisition of real estate?
❑✓ Yes
❑ No
❑ N/A
3. Was the property acquisition completed prior to the intent to use federal funds?
❑ Yes
✓❑ No
❑ N/A
4. Has the owner of the property been informed:
✓❑ Yes
* prior to making an offer that the agency does not have condemnation authority; and
❑ No
* what the fair market value is believed to be?
❑ N/A

3: Ground -Disturbing Activities
Regulation/QuestionPart
..
American Indian Reliciious Freedom Act AIRFA
1.
Is the project located in a county claimed as "territory" by the Eastern Band of
❑ Yes
Cherokee
Indians?
✓❑ No
2.
Is the site of religious importance to American Indians?
❑ Yes
❑ No
❑✓ N/A
3.
Is the project listed on, or eligible for listing on, the National Register of Historic
❑ Yes
Places?
❑ No
✓❑ N/A
4.
Have the effects of the project on this site been considered?
❑ Yes
❑ No
❑✓ N/A
Antiquities Act AA
1.
Is the project located on Federal lands?
❑ Yes
❑✓ No
2.
Will there be loss or destruction of historic or prehistoric ruins, monuments or objects
❑ Yes
of antiquity?
❑ No
❑✓ N/A
3.
Will a permit from the appropriate Federal agency be required?
❑ Yes
❑ No
✓❑ N/A
4.
Has a permit been obtained?
❑ Yes
❑ No
❑✓ N/A
Archaeological Resources Protection Act ARPA
1.
Is the project located on federal or Indian lands (reservation)?
❑ Yes
✓❑ No
2.
Will there be a loss or destruction of archaeological resources?
❑ Yes
❑ No
❑✓ N/A
3.
Will a permit from the appropriate Federal agency be required?
❑ Yes
❑ No
❑✓ N/A
4.
Has a permit been obtained?
❑ Yes
❑ No
❑✓ N/A
Endangered Species Act ESA
1.
Are federal Threatened and Endangered species and/or Designated Critical Habitat
❑✓ Yes
listed for the county?
❑ No
2.
Is Designated Critical Habitat or suitable habitat present for listed species?
✓❑ Yes
❑ No
❑ N/A
3.
Are T&E species present or is the project being conducted in Designated Critical
❑ Yes
Habitat?
❑✓ No
❑ N/A
4.
Is the project "likely to adversely affect" the species and/or "likely to adversely modify"
❑ Yes
Designated Critical Habitat?
❑ No
❑✓ N/A
5.
Does the USFWS/NOAA-Fisheries concur in the effects determination?
❑ Yes
❑ No
❑✓ N/A
6.
Has the USFWS/NOAA-Fisheries rendered a "jeopardy" determination?
❑ Yes
❑ No
❑✓ N/A

Executive Order 13007 Indian Sacred Sites
1. Is the project located on Federal lands that are within a county claimed as "territory"
❑ Yes
by the EBCI?
❑✓ No
2. Has the EBCI indicated that Indian sacred sites may be impacted by the proposed
❑ Yes
project?
❑ No
✓❑ N/A
3. Have accommodations been made for access to and ceremonial use of Indian sacred
❑ Yes
sites?
❑ No
❑✓ N/A
Farmland Protection Policy Act FPPA
1. Will real estate be acquired?
❑✓ Yes
❑ No
2. Has NRCS determined that the project contains prime, unique, statewide or locally
❑✓ Yes
important farmland?
❑ No
❑ N/A
3. Has the completed Form AD-1006 been submitted to NRCS?
❑✓ Yes
❑ No
❑ N/A
Fish and Wildlife Coordination Act FWCA
1. Will the project impound, divert, channel deepen, or otherwise control/modify any
❑✓ Yes
water body?
❑ No
2. Have the USFWS and the NCWRC been consulted?
❑✓ Yes
❑ No
❑ N/A
Land and Water Conservation Fund Act Section 6 f
1. Will the project require the conversion of such property to a use other than public,
❑ Yes
outdoor recreation?
0 No
2. Has the NPS approved of the conversion?
❑ Yes
❑ No
0 N/A
Macinuson-Stevens Fishery Conservation and Manaciement Act Essential Fish
Habitat
1. Is the project located in an estuarine system?
❑ Yes
✓❑ No
2. Is suitable habitat present for EFH-protected species?
❑ Yes
❑ No
0 N/A
3. Is sufficient design information available to make a determination of the effect of the
❑ Yes
project on EFH?
❑ No
❑✓ N/A
4. Will the project adversely affect EFH?
❑ Yes
❑ No
0 N/A
5. Has consultation with NOAA-Fisheries occurred?
❑ Yes
❑ No
0 N/A
Migratory Bird Treat Act MBTA
1. Does the USFWS have any recommendations with the project relative to the MBTA?
❑ Yes
0 No
2. Have the USFWS recommendations been incorporated?
❑ Yes
❑ No
0 N/A
Wilderness Act
1. Is the project in a Wilderness area?
❑ Yes
0 No
2. Has a special use permit and/or easement been obtained from the maintaining
❑ Yes
federal agency?
❑ No
❑✓ N/A

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
TIM BAUMGARTNER
Director
MEMORANDUM:
TO:
FROM:
SUBJECT:
DATE:
NORTH CAROLINA
Environmental Quality
Debby Davis
Lin Xu LX
Payment of Permit Fee
401 Permit Application
February 22, 2021
The Division of Mitigation Services (DMS) is implementing a mitigation project
for Dynamite Creek Mitigation Site Mitigation Project in Rockingham County (DMS
IMS # 100125). The activities associated with this restoration project involve
wetland restoration related temporary stream and wetland impact. To conduct these
activities, the DMS must submit a Pre -construction Notification (PCN) Form to the
Division of Water Resources (DWR) for review and approval. The DWR assesses a
fee of $570.00 for this review.
Please transfer $570.00 from DMS Fund # 2981, Account # 535120 to DWR
as payment for this review. If you have any questions concerning this matter I can
be reached at 919-707-8319. Thanks for your assistance.
cc: Erin Davis, DWR
NORTHCAROLINAD_E Q�I
Deparhnent of Environmental Quality
North Carolina Department of Environmental Quality I Division of Mitigation Services
217 W. Jones Street 1 1652 Mail Service Center I Raleigh, North Carolina 27699-1652
919.707.8976

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Proposed Conservation Easement
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WILDLANDS
ENGINEERING
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Dynamite Creek Mitigation Site
0 300 600 Feet Roanoke River Basin 03010103
I I I I I
Rockingham County, NC

Contact Name*
Charlie Neaves
Contact Email Address*
[e-mail]
Project Owner*
Wildlands Engineering
Project Name*
Dynamite Creek Mitigation Site
Project County*
Rockingham
Owner Address:*
Street Address
312 W Millbrook Rd
Address Line 2
Suite 225
aty
Raleigh
Postal / Zip axle
27609
Is this a transportation project?*
r Yes r No
Type(s) of approval sought from the DWR:
W 401 Water Quality Certification - F 401 Water Quality Certification -
Regular Express
F Individual Permit F Modification
F Shoreline Stabilization
Does this project have an existing project ID#?*
r Yes C No
Please list all existing project ID's associated with this projects.*
20190868 (NCDWR), 100125 (NCDMS),
SAW-2019-00909 (USACE AID)
State / Province / Pegion
NC
Country
US
Do you know the name of the staff member you would like to request a meeting with?
Erin Davis
Please give a brief project description below.*
The Dynamite Creek Mitigation Site is a full -delivery stream and
wetland mitigation project for NCDMS. The draft mitigation plan has
been reviewed by the IRT and Wildlands is currently in the process of
addressing comments.
Please give a couple of dates you are available for a meeting.
2/1 /2021

2/3/2021
2/4/2021
2/5/2021
Please attach the documentation you would like to have the meeting about.
Dynamite Creek Mitigation Plan Draft.pdf 28.67MB
pdf only
By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section
401 Certification Rule the following statements:
This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification
Rule.
1 understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing
meeting request.
1 also understand that DWR is not required to respond or grant the meeting request.
Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location
and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an
application.
Signature *
Submittal Date 1/21/2021