20070047 Ver 2_Corps St James CA break approval_20160208

Regulatory Divisian
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
Action ID. SAW-1995-06041
Mr. Richard W. Hancock, P.E.
Environmentai Management Director, PDEA
N.C. Department of Transpo�-tation
1598 Mail Service Center
Raleigh, North Carol.ina 27699-1598
Dear Mr. Hancock:
FebYuaiy 2, 2016
Reference the Department of the Army (DA) permit issued on March 20, 2007, to
authorize an approxiinate 4.5 mile four lane divided highway from Hwy 211 to Bridge 261ocated
on Davis Canal in Oak Island, Brunswicic County, North Carolina. Reference is also made to
your letter and suppor�ting documentation dated January 25, 2016, requesting a permit
modification specifically to Special Condition 24 in the original authorization. Condition 24
limited the breaks in cantrol access along the project to a discrete number of locations and
furthel• outlined the steps needed to allow any new future access breaks, A memorandum of
understanding (MOU) between the North Carolina Depat�tment of Transpoi-tation {NCDOT),
Federal Highway Administration, U.S. Environmental Protection Agency, and the North
Carolina Depai�tment of Envirorunental Quality was implemented to address any future access
breaks along the project, in particular requiring all pai�ties to agree to any new breaks in special
control access. The mechanisms of the MOU have been pursued and all signatories agreed in
2014 to allow a break in special control of access at Sta. 91+39, Rt. The current request is for the
U. S. Army Corps of Engineers (Coips) to authorize the same break in control access through the
modification of the DA permit.
The Coips has worked closely with NCDOT over the last several years in regards to the
break in control of access. A result of this coordination were a number of conditions placed on
the control of access break which have been implemented satisfactorily between the Town of St.
James and the NCDOT. These conditions included no direct wetland impact from the break, a
460'control of access entrance into St. James, deed restrictions placed on adjacent wetland
through the Williamson Property, and deed restrictions covering existing wetland resources
within the Town of St. James. We have determined that the intent of Condition 24 has been

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satisfied and accordingly, your permit is hereby modified to include the new brealc in control of
access at Sta 91+39(Rt). All other conditions of the DA permit t•emain unchanged.
This modification approval as well as the request package dated January 25, 2016 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].
Sincerely,
�''f,
Kevin P. Landers Sr.
Colonel, U.S. Army
District Commander
Copies Furnished (electronic):
Ms. Cynthia VanDer Wiele, Ph.D., USEPA
Ms. Amy Chapman, NCDEQ
Ms. LeiLani Paugh, NCDOT-NES
Mr. Mason Herndon, NCDWR
Mr. Stoney Mathis, NCDOT-Div 3 DEO