signed Mod 5 letter

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
September 1, 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.
Also reference your August 18, 2022, request for modification to the permit
mentioned above. The current modification request addresses temporary impacts
required under the construction phase of the culvert installations. NCDOT reported that
the additional impacts were inadvertently excluded in the impact summary tables
provided in the 2020 permit modification request for R-3300 B. In total, an additional
0.039 of an acre of temporary excavation wetland impact is required at permit site #3,
0.011 of an acre of temporary excavation wetland impact is required at permit site #7,
and 0.014 of an acre of temporary excavation wetland impact is required at permit site
#13.
I have determined that the proposed project modifications described above are
not contrary to the public interest and consistent with the 404(b)(1) Guidelines and
therefore, the DA permit is hereby modified with the following considerations. 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. In addition, the
following conditions have been added to specifically address this modification request:
-2-

New special conditions:
1. All work authorized by this permit shall be performed in strict compliance with
the permit plans 27-28, 29-31, 56-57, 72-74, 157-162 of 162 dated 8/8/2022 which are
part of this permit. The permittee shall ensure that the construction design plans for this
project do not deviate from the permit plans incorporated by reference. Any modification
to the permit plans dated 8/8/2022 must be approved by the U.S. Army Corps of
Engineers (Corps) prior to any active construction in waters or wetlands.

2. All temporary excavation impacts must be restored to their original dimensions
once they are no longer necessary for construction.

This modification approval will be used 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