final signed R 3300 B mod #4 letter

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343

February 22, 2022

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 and to date U-4751 and R-3300 B have been
authorized for construction. The final phase R-3300 A would require a future
modification of the permit to begin construction.

Further reference your January 18, 2022, request for modification to the permit
mentioned above. The current modification request addresses two items; the
construction of the Beane mitigation site as described/outlined in the Merger agency
approved December 2021 Mitigation Plan and a five-year extension to the roadway
authorization. The construction of the Beane mitigation site involves 5.506 acres of
permanent surface water impacts associated with filling tributaries, 78.41 acres of
mechanized land clearing for the conversion of an existing pine stands to native plant
communities, and 0.099 acres of excavation for road removal and grading.

I have determined that the proposed project modifications described above are not
contrary to the public interest and consistent with 404 (B)(1) and therefore, the DA
permit is hereby modified.

All original conditions in the August 10, 2017, permit as well as previous
modifications remain enforceable with a new expiration date of December 31,
2027. Therefore, the following conditions have been added to specifically address
the Beane Mitigation site:

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New special conditions:

1. All work authorized by this modification shall be performed in strict compliance
with permit drawing PD-1 dated 12/22/2021 and construction drawings OSM 1-11 dated
12/17/2021 which are part of this permit. Any modification to the authorized plans must
be approved by the U.S. Army Corps of Engineers (Corps) prior to any active
construction in waters or wetlands.

2. The Permittee shall fully implement the compensatory mitigation plan, entitled
Final Wetland Mitigation Plan, Beane Property Wetland Mitigation Site, New Hanover
County, dated December 2021 for the unavoidable impacts to tributaries and wetlands.
Activities prescribed by this plan shall be initiated prior to, or concurrently with,
commencement of any construction activities within jurisdictional areas authorized by
this permit. The Permittee shall provide 79 acres of wetland restoration, 78 acres of
wetland enhancement, and 31 acres of wetland preservation in accordance with the
plan and with the following conditions:

a. The Permittee, NCDOT, is the party responsible for the implementation,
performance and long-term management of the compensatory mitigation
project.
b. Any changes or modifications to your mitigation plan shall be first approved
by the Corps.
c. The Permittee shall maintain the entire mitigation site in its natural
condition, as altered by the work in the mitigation plan, in perpetuity.
Prohibited activities within the mitigation site specifically include, but are not
limited to: Filling; grading; excavating; earth movement of any kind;
construction of roads, walkways, buildings, signs, or any other structure;
any activity that may alter the drainage patterns on the property; the
destruction, cutting, removal, mowing, or other alteration of vegetation on
the property; disposal or storage of any garbage, trash, debris or other
waste material; graze or water animals, or use for any agricultural or
horticultural purpose; or any other activity which would result in the property
being adversely impacted or destroyed, except as specifically authorized by
this permit.
d. The Permittee shall not sell or otherwise convey any interest in the
mitigation property used to satisfy the mitigation requirements for this permit
to any third party, without prior written approval from the Wilmington District
Corps of Engineers.
e. Within 60 days of notification by the Corps that the compensatory mitigation
is unsuccessful, the Permittee shall submit to the Corps an alternate
compensatory mitigation proposal to fully offset the functional loss that
occurred as a result of the project. The alternate compensatory mitigation
proposal may be required to include additional mitigation to compensate for
the temporal loss of wetland function associated with the unsuccessful
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compensatory mitigation activities. The Corps reserves the right to fully
evaluate, amend, and approve or reject the alternate compensatory
mitigation proposal. Within 120 days of Corps approval, the Permittee will
complete the alternate compensatory mitigation proposal.

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

Monte Matthews
Lead Project Manager
Wilmington District

Copies Furnished (electronic w/o attachments):

Mr. Mason Herndon, NCDOT
Ms. Hannah Sprinkle, 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, NCDEQ-DCM
Mr. Stephen Lane, NCDEQ-DCM

Date: 2022.02.22
15:01:29 -05'00'