NWP27_Three Creeks Farm Bank_SAW-2019-02341

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT

Action Id. SAW-2019-02341 County: Davidson U.S.G.S. Quad: Midway

GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION

Permittee: Three Creeks Mitigation, LLC
Attn: Adam McIntyre
Address: 111 Main Avenue
Brookings, South Dakota 27549
Email: [e-mail]

Size (acres) 43 Nearest Town Winston-Salem
Nearest Waterway Little Brushy Fork River Basin Yadkin
USGS HUC 030401030201 Coordinates 35.970173, -80.197086

Location description: The Three Creeks Farm Mitigation Project is located at 1151 Norman Shoaf
Road in Winston-Salem, Davidson County, North Carolina. PIN: 13-015-0-000-0001.

Description of projects area and activity: The applicant, Three Creeks Mitigation, LLC has
requested a Department of the Army permit authorization to discharge dredged and/or fill
material into waters of the United States associated with the Three Creeks Farm Mitigation
Project (Bank). Implementation of the proposed restoration and enhancement activities will
result in the discharge of fill material into 8,458 linear feet of stream channel, and 0.280 acres
of wetlands associated with mechanized land clearing, excavation, placement of fill material,
and stream relocation activities for the mitigation site. Compensatory mitigation is NOT
required in conjunction with the aforementioned activities. Refer to the enclosed Table 1 for a
detailed summary of impacts.

Applicable Law: Section 404 (Clean Water Act, 33 USC 1344)
Section 10 (Rivers and Harbors Act, 33 USC 403)

Authorization: Nationwide Permit 27. Aquatic Habitat Restoration, Enhancement, and
Establishment Activities

SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS

Your work is authorized by the above referenced permit provided it is accomplished in strict
accordance with the attached conditions and your submitted application and attached
information dated 4/18/2024, and subsequent information received via email on 5/28/2024 and
5/31/2024. Any violation of the attached conditions or deviation from your submitted plans may
subject the permittee to a stop work order, a restoration order, a Class I administrative penalty,
and/or appropriate legal action.

This verification will remain valid until the expiration date identified below unless the nationwide and/or
regional general permit authorization is modified, suspended or revoked. If, prior to the expiration date
identified below, the nationwide and/or regional general permit authorization is reissued and/or
modified, this verification will remain valid until the expiration date identified below, provided it complies
with all requirements of the modified nationwide permit. If the nationwide and/or regional general permit
authorization expires or is suspended, revoked, or is modified, such that the activity would no longer
comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e.,
are under construction) or are under contract to commence in reliance upon the nationwide and/or
SAW-2019-02341

regional general permit, will remain authorized provided the activity is completed within twelve months
of the date of the nationwide and/or regional general permit’s expiration, modification or revocation,
unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or
revoke the authorization.

Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water
Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-
6300) to determine Section 401 requirements.

For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area
Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal
Management.

This Department of the Army verification does not relieve the permittee of the responsibility to obtain
any other required Federal, State or local approvals/permits.

If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of
Engineers regulatory program, please contact Steve Kichefski, [phone].

Corps Regulatory Official: Date: June 12, 2024
Expiration Date of Verification: March 14, 2026
SAW-2019-02341

Table 1. Authorized discharge of fill material into waters of the United States in association with the
Three Creeks Farm Mitigation Site (SAW-2019-02341).

1. Total Impacts: Stream – 8,458 LF, Wetland 0.280 Ac
Impact
Number Classification
Fill
Length
of
Stream
(lf)
Fill Width
of Stream
(ft)
Fill
Acreage
wetland
(ac)
Duration of
Fill Material
Regulated Discharge
of Fill Material
Activity
W1 /
Wetland 1
Bottomland
Hardwood Forest 0.180 Permanent Ecological Restoration
W2 /
Wetland 2 Headwater Forest 0.100 Temporary Ecological Restoration
TOTAL WETLAND
IMPACTS
0.280
S1 / Little
Brushy Fork
River/Stream –
PER 3033 12 Permanent Ecological Restoration
S2 / UT 1 River/Stream –
PER 2999 12 Permanent Ecological Restoration
S3 / Trib A River/Stream –
PER 71 10 Permanent Ecological Restoration
S4 / UT 2 River/Stream – INT 346 6 Permanent Ecological Restoration
S5 / UT 1 River/Stream –
PER 20 12 Permanent Ecological Restoration
/ Stream Crossing
S6 / Little
Brushy Fork
River/Stream –
PER 60 12 Permanent Ecological Restoration
/ Stream Crossing
S7 / UT 3 River/Stream – INT 35 3 Permanent Ecological Restoration
S8 / UT 3 River/Stream – INT 38 4 Permanent Ecological Restoration
/ Stream Crossing
S9 / UT 3 River/Stream – INT 730 4 Temporary Ecological Restoration
S10 / UT 4 River/Stream –
PER 1101 5 Permanent Ecological Restoration
S11 / UT 5 River/Stream – INT 25 3 Permanent Ecological Restoration
TOTAL STREAM
IMPACTS 8458

*Impacts are associated with aquatic resource restoration and enhancement activities and are expected to result
in a net gain in Waters of the US.

SPECIAL CONDITIONS

1. The permittee understands and agrees that the document entitled “Three Creeks Farm
Mitigation Bank Mitigation Plan” dated March 2024, is incorporated and made part of this
permit. Execution of the work and terms given in the approved mitigation plan are a
condition of this permit.

2. The US Fish and Wildlife Service recommends tree clearing activities to be conducted
between October 15 and April 1 of any given year, outside the bat active season to reduce
impacts to bats.

3. This Nationwide Permit verification does not imply suitability of this property for
compensatory mitigation for any particular project. The use of any portion of this site as
compensatory mitigation for a particular project will be determined during the permit
review process for that project.
SAW-2019-02341

COMPLIANCE CERTIFICATION

Action ID Number: SAW-2019-02341 County: Davidson

Permittee: Three Creeks Mitigation, LLC
Attn: Adam McIntyre

Project Name: Three Creeks Farm Mitigation Project

Date Verification Issued: June 12, 2024

Project Manager: Steve Kichefski

Upon completion of the activity authorized by this permit and any mitigation required by the
permit, sign this certification and return it to the following address:

US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Regulatory Division Mitigation Office
Attn: Steve Kichefski
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006

Please note that your permitted activity is subject to a compliance inspection by a U. S. Army
Corps of Engineers representative. Failure to comply with any terms or conditions of this
authorization may result in the Corps suspending, modifying or revoking the authorization
and/or issuing a Class I administrative penalty, or initiating other appropriate legal action.

I hereby certify that the work authorized by the above referenced permit has been completed
in accordance with the terms and condition of the said permit, and required mitigation was
completed in accordance with the permit conditions.

Signature of Permittee Date