20161268 Ver 3_R 3300 B Modification_20200626

Carpenter,Kristi
From:Shaver, Brad E CIV USARMY CESAW (USA) <[e-mail]>
Sent:Friday, June 26, 2020 2:04 PM
To:Kimes, D. Chad; Herndon, T. Mason
Cc:Steenhuis, Joanne
Subject:\[External\] R 3300 B Modification
Attachments:Section B R-3300 Permit Mod.pdf; signed Mitigation Responsibility Transfer Form NC
DMS.pdf; signed Mitigation Responsibility Transfer Form NE Cape Fear Miitgation
Bank.pdf
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
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All,

Attached is the modification letter for R-3300 B as well as the mitigation transfer forms.

The cc list is being emailed separately and NC DMS and the Bank will be given the transfer forms.

If you have any questions please don’t hesitate to give me a call,

Brad

1

\I DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT,CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON,NORTH CAROLINA 28403-1343
June 26, 2020
Regulatory Division
Action ID. SAW-2007-01386
Chad Kimes, PE
Division 3 Engineer
N.C. Department of Transportation
5501 Barbados Blvd.
Castle Hayne, NC 28429
Dear Mr. Kimes:
Reference the Department of the Army (DA) permit issued on August 10, 2017, for
the discharge of fill material into waters and wetlands adjacent to various creeks, and
their tributaries in order to construct TIP# U-4751 and R-3300 (Military Cut Off Road
and Hampstead ByPass), in New Hanover and Pender Counties, North Carolina. This
was a phased permit for the entire project with only U-4751 authorized for construction
to date. Subsequent permit modifications would authorize construction of additional
phases within the limits of the original permit.
Further reference your April 7, 2020 request for modification to the 2017 permit
mentioned above. This request is for authorization to construct section B of R-3300
which is a 6.916-mile new location phase starting around NC 210 and extending to
Sloop Point Loop Road in Pender County. This phase of the project will permanently
impact 55.428 acres of non-riparian wetlands, 16.886 acres of riparian wetlands, and
5,756 linear feet of stream channel. This phase would also temporarily impact 0.354
acre of wetlands and 489 linear feet of stream channel during construction.
I have determined that the proposed project modifications described above are not
contrary to the public interest and consistent with the 404 (B) (1) and therefore, the DA
permit is hereby modified.
All original conditions in the August 10, 2017 permit remain enforceable with an
expiration date of December 31, 2022. New special conditions follow:
1. All work authorized by this permit shall be performed in strict compliance with the
permit plans 1-165 of 165 dated 4/1/2020 and 6/9/2020, and Utility Plans 1-23 of

-2-
23 dated 4/1/2020 and 6/9/2020 which are a part of this permit. The Permittee
shall ensure that the construction design plans for this project do not deviate from
the permit plans attached to this authorization. Any modification to the attached
permit plans must be approved by the U.S. Army Corps of Engineers (Corps)
prior to any active construction in waters or wetlands.
2. Any rip rap placed in the main flow (thalweg) of any channel along this project
must be buried to the natural streambed elevation.
3. In order to compensate for impacts associated with this permit, mitigation shall
be provided in accordance with the provisions outlined on the most recent
version of the attached Compensatory Mitigation Responsibility Transfer Forms.
The requirements of these forms, including any special conditions listed on these
forms, are hereby incorporated as special conditions of this permit.
This modification approval will be utilized for future compliance of the project. If
you have questions, please contact Brad Shaver of the Wilmington Regulatory Field
Office, at telephone [phone].
FOR THE COMMANDER
�o4k_ Date: 2020.06.26
/JaJ4u-,-2__ 13:24:37 -04'00'
Monte Matthews
Lead Project Manager
Wilmington District
Copies Furnished (electronic w/o attachments):
Mr. Mason Herndon, NCDOT
Ms. Joanne Steenhuis, NCDEQ-DWR
Ms. Amanetta Somerville, USEPA
Mr. Gary Jordan, USFWS
Mr, Travis Wilson, NCWRC
Ms. Renee Gledhill-Earley, SHPO
Mr. Monte Matthews, USACE
Ms, Cathy Brittingham, NC DCM

-3-
Mr. Stephen Lane, NC DCM
Ms. Beth Harmon, NC DMS (attached mitigation transfer form)
Mr. Christian Preziosi, NE Bank (attached mitigation transfer form)
Mr. Todd Tugwell, USACE (attached both mitigation tra

USACE Wilmington District
Compensatory Mitigation Responsibility Transfer Form, Page 2
Compensatory Mitigation Responsibility Transfer Form
Permittee:NCDOT-Division 3 Action ID:SAW-2007-01386
Project Name: R-3300 Section B County: Pender
Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the
transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure
that to the U.S.Army Corps of Engineers(USACE) Project Manager identified on page two is in receipt of a signed copy of this
form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation Sponsor will be
used to provide the mitigation associated with the permit,or if the impacts and/or the mitigation will occur in more than one
8-digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor
and/or HUC must be provided to the appropriate mitigation Sponsors.
Instructions to Sponsor:The Sponsor must verify that the mitigation requirements(credits)shown below are available at the
identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of
whether or not they have received payment from the Permittee. Once the form is signed,the Sponsor must update the bank
ledger and provide a copy of the signed form and the updated bank ledger to the Permittee,the USACE Project Manager,and
the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all
reporting requirements established in their authorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements
Permitted Impacts Requiring Mitigation*: 8-digit HUC and Basin:03030007 and 03030001
Stream Impacts(linear feet) Wetland Impacts(acres)
Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non-Riparian Coastal
17.678
*If more than one mitigation sponsor will be used for the permit,only include impacts to be mitigated by this sponsor.
Compensatory Mitigation Requirements: 8-digit HUC and Basin:03030007, Cape Fear River Basin
Stream Mitigation (credits) Wetland Mitigation (credits)
Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non-Riparian Coastal
8.535
Permitted Impacts and Compensatory Mitigation Requirements
Permitted Impacts Requiring Mitigation*: 8-digit HUC and Basin:03030007, Cape Fear River Basin
Stream Impacts(linear feet) Wetland Impacts(acres)
Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non-Riparian Coastal
4,376
*If more than one mitigation sponsor will be used for the permit,only include impacts to be mitigated by this sponsor.
Compensatory Mitigation Requirements: 8-digit HUC and Basin:03030007, Cape Fear River Basin
Stream Mitigation (credits) Wetland Mitigation (credits)
Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non-Riparian Coastal
8,752
Page 2 of 2
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so,please complete the
Customer Satisfaction Survey located at our website at http://regulatory.usacesurvey.com/to complete the survey online.

U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Permitted Impacts and Compensatory Mitigation Requirements
Permitted Impacts Requiring Mitigation*: 8-digit HUC and Basin:03030001,White Oak River Basin
Stream Impacts(linear feet) Wetland Impacts(acres)
Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non-Riparian Coastal
1,380
*If more than one mitigation sponsor will be used for the permit,only include impacts to be mitigated by this sponsor.
Compensatory Mitigation Requirements: 8-digit HUC and Basin:03030001,White Oak River Basin
Stream Mitigation (credits) Wetland Mitigation (credits)
Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non-Riparian Coastal
2,760
Mitigation Site Debited: North Carolina Division of Mitigation Services
(List the name of the bank to be debited.For umbrella banks,also list the specific site. For NCDMS,list NCDMS. If the NCDMS
acceptance letter identifies a specific site, also list the specific site to be debited).
Section to be completed by the Mitigation Sponsor
Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation
transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for
providing the mitigation identified in this document(see the table above), associated with the USACE Permittee and Action
ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the USACE, are
currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the
required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation requirements.
Mitigation Sponsor Name:
Name of Sponsor's Authorized Representative:
Signature of Sponsor's Authorized Representative Date of Signature
Conditions for Transfer of Compensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the
Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains
responsible for any other mitigation requirements stated in the permit conditions.
• Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after
the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted
responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by the North
Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit
issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of permit
issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form,confirming that the
Sponsor has accepted responsibility for providing the mitigation requirements listed herein.
• Signed copies of this document must be retained by the Permittee, Mitigation Sponsor,and in the USACE administrative
records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the USACE
Project Manager(address below) is provided with a signed copy of this form.
Page 1 of 2 Form Updated 14 September,2017

U.S. ARMY CORPS OF ENGINEERS
Wilmington District
• If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to
the USACE, the Sponsor must obtain case-by-case approval from the USACE Project Manager and/or North Carolina
Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied,as per current District guidance
and a new version of this form must be completed and included in the USACE administrative records for both the permit
and the Bank/ILF Instrument.
Comments/Additional Conditions:
- the 17.678 riparian total project impacts required a riparian credit need of 34.135 (16.864 loss at 2:1 = 33.728 + 0.814
conversion at 0.5:1 =0.407 for a total need of 34.135). NC DMS will provide the balance not available from other sources in
the total amount of 8.535 (25.6 from other sources).
This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once
signed,the Sponsor should provide copies of this form along with an updated bank ledger to:1)the Permittee,2)the USACE
Project Manager at the address below,and 3)the Wilmington District Mitigation Office,Attn:Todd Tugwell,3331 Heritage
Trade Drive, Suite 105, Wake Forest, NC 27587(email: [e-mail]). Questions regarding this form or
any of the permit conditions may be directed to the USACE Project Manager below.
USACE Project Manager: Brad Shaver
USACE Field Office: Wilmington Regulatory Field Office
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403
Email:
Digitally signed by
SHAVER.BRAD.E.1276601756
Date:2020.06.26 11:05:34-04'00'
June 26,2020
USACE Project Manager Signature Date of Signature
Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and
mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is
available at http://ribits.usace.army.mi1.
Page 1 of 2 Form Updated 14 September,2017

U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Compensatory Mitigation Responsibility Transfer Form
Permittee:NCDOT-Division 3 Action ID:SAW-2007-01386
Project Name: R-3300 Section B County: Pender
Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the
transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure
that to the U.S.Army Corps of Engineers(USACE) Project Manager identified on page two is in receipt of a signed copy of this
form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation Sponsor will be
used to provide the mitigation associated with the permit,or if the impacts and/or the mitigation will occur in more than one
8-digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor
and/or HUC must be provided to the appropriate mitigation Sponsors.
Instructions to Sponsor:The Sponsor must verify that the mitigation requirements(credits)shown below are available at the
identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of
whether or not they have received payment from the Permittee. Once the form is signed,the Sponsor must update the bank
ledger and provide a copy of the signed form and the updated bank ledger to the Permittee,the USACE Project Manager,and
the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all
reporting requirements established in their authorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements
Permitted Impacts Requiring Mitigation*: 8-digit HUC and Basin:03030001 and 03030007
Stream Impacts(linear feet) Wetland Impacts(acres)
Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non-Riparian Coastal
17.678 56.146
*If more than one mitigation sponsor will be used for the permit,only include impacts to be mitigated by this sponsor.
Compensatory Mitigation Requirements: 8-digit HUC and Basin:03030007, Cape Fear River Basin
Stream Mitigation (credits) Wetland Mitigation (credits)
Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non-Riparian Coastal
25.6 111.248
Mitigation Site Debited: North East Cape Fear Mitigation Bank
(List the name of the bank to be debited.For umbrella banks,also list the specific site. For NCDMS,list NCDMS. If the NCDMS
acceptance letter identifies a specific site, also list the specific site to be debited).
Section to be completed by the Mitigation Sponsor
Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation
transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for
providing the mitigation identified in this document(see the table above), associated with the USACE Permittee and Action
ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the USACE, are
currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the
required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation requirements.
Mitigation Sponsor Name:
Name of Sponsor's Authorized Representative:
Signature of Sponsor's Authorized Representative Date of Signature
Page 1 of 2 Form Updated 14 September,2017

USACE Wilmington District
Compensatory Mitigation Responsibility Transfer Form, Page 2
Conditions for Transfer of Compensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the
Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains
responsible for any other mitigation requirements stated in the permit conditions.
• Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after
the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted
responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by the North
Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit
issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of permit
issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form,confirming that the
Sponsor has accepted responsibility for providing the mitigation requirements listed herein.
• Signed copies of this document must be retained by the Permittee, Mitigation Sponsor,and in the USACE administrative
records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the USACE
Project Manager(address below) is provided with a signed copy of this form.
• If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to
the USACE, the Sponsor must obtain case-by-case approval from the USACE Project Manager and/or North Carolina
Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied,as per current District guidance
and a new version of this form must be completed and included in the USACE administrative records for both the permit
and the Bank/ILF Instrument.
Comments/Additional Conditions:
-the applicant has already purchased 78.43 credits out of the 111.248 credits needed to satisfy the mitigation.
-permanent loss of 55.45 at 2:1=110.90+permanent conversion of 0.696 at 0.5:1=0.348 for a total need of 111.248.
-the new purchase of non-riparian credits will total 32.818.
-the 25.6 riparian credits required toward the riparian credit needs of 34.135(16.864 loss at 2:1=33.728+0.814 conversion
at 0.5:1 =0.407 for a total need of 34.135) exhausts the balance of riparian credits available in the bank.The remainder of
the needs will come from other sources.
This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once
signed,the Sponsor should provide copies of this form along with an updated bank ledger to:1)the Permittee,2)the USACE
Project Manager at the address below,and 3)the Wilmington District Mitigation Office,Attn:Todd Tugwell,3331 Heritage
Trade Drive, Suite 105, Wake Forest, NC 27587(email: [e-mail]). Questions regarding this form or
any of the permit conditions may be directed to the USACE Project Manager below.
USACE Project Manager: Brad Shaver
USACE Field Office: Wilmington Regulatory Field Office
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403
Email:
Digitally signed by
SHAV
Date: 020.06. 6 11:01:3 756
Date:2020.06.26 11:01:37
-04'00' June 26,2020
USACE Project Manager Signature Date of Signature
Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and
mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is
available at http://ribits.usace.army.mi1.
Page 2 of 2
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so,please complete the
Customer Satisfaction Survey located at our website at http://regulatory.usacesurvey.com/to complete the survey online.