20070047 Ver 1_USACE Correspondence_20070807

~ l
Regulatory Division
Action ID No. 200301124
Mr. Sheldon L. Tucker
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS 13~~
PO BOX 1890
WILMINGTON NC 28402-1890
August 2, 2007
Vice President of Acquisitions
MAS Properties, LLC
131 Ocean Boulevard West
Holden Beach, North Carolina 28462
Dear Mr. Tucker:
~~~~ob~~
AUG 7 - 2007
DENR -WATER QllAlil`Y
YVETIANpS a'~0 STQ:R!+~"~ATER $RANCH
Reference our letter to you dated July 23, 2007 regarding your request to issue a consent
agreement to MAS Properties allowing the construction of a road through the U.S. Army Corps
of Engineers right of way between Disposal Areas 281 and 282 in Brunswick County, North
Carolina (copy enclosed).
As you are aware, the North Carolina Department of Transportation (NCDOT) Second
Bridge to Oak Island, NC Project (TIP Project No. R-2245) is currently under construction and
that the NCDOT has included an authorized break in access in this roadway that leads to the
property owned by MAS Properties, LLC. It is our understanding from a telephone conversation
with Mr. Dennis Wicker of your office that MAS Properties is planning to develop the MAS
property adjacent to this roadway project. Based on this conversation, it appears that your
proposed development has changed from the original plan that you provided for the
land/easement transfer in June 2005. Now you may apply for a Department of the Army (DA)
permit to authorize the impacts associated with this development, including an access road to
connect the proposed development to the newly constructed highway. It is also our
understanding that MAS Properties is planning to make application for a DA permit.
As stated in the referenced letter, all regulatory permits must be approved for the proposed
route before• another specific consent agreement can be issued. It is recommended that your
permit application include all of your proposed development plans for our review. Please use
your plan as described in the June 2005 Environmental Assessment Land/Easement Transfer
Yellow Banks and Vicinity Brunswick County, NC as a baseline and explain why you have
changed plans to the current proposal to support your application. Based on our current
understanding of your proposed project, it may also be necessary for the NCDOT to apply for
DA authorization as a co-applicant. By copy of this letter, we are notifying the NCDOT of this
potential requirement.

-2-
Your permit application, pursuant to Section 404 of the Clean Water Act and Section 10 of
the Rivers and Harbors Act, has been assigned Action ID No. 200301124. Please refer to this
number in all future correspondence with this office.
Questions or comments regarding your proposed development maybe addressed to Ms.
Kimberly Garvey at the Wilmington Field Office, Regulatory Division, at telephone (910) 251-
4482. Questions or comments regarding the NCDOT project maybe addressed to Mr. Dave
Timpy at the Wilmington Field Office, Regulatory Division, at telephone [phone].
Sincerely,
Keith Harris, Chief
Wilmington Regulatory Field Office
Enclosure
Copies Furnished:
s. Cyndi Karoly
etlands/401 Unit
N.C. Department of Environment
and Natural Resources
2321 Crabtree Boulevard, Suite 250
Raleigh, North Carolina 27604-2260
Mr. Ronald J. Mikulak, Chief
Wetlands Section -Region IV
Water Management Division
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Mr. Doug Huggett
Division of Coastal Management
N.C. Department of Environment
and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557
Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726

-3-
Mr. Ron Sechler
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
Mr. Jim Gregson
Division of Coastal Management
N.C. Department of Environment,
and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Mr. Allen Pope, PE
Division Engineer
N.C. Department of Transportation
Division 3
124 Division Drive
Wilmington, North Carolina 28401
Gregory J. Thorpe, Ph.D.
Environmental Management Director, PDEA
N.C. Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina 27699-1548