20241101_SAW-2023-00588

DEPARTMENT OF THE ARMY
U.S.ARMY CORPS OF ENGINEERS,WILMINGTON DISTRICT
WILMINGTON REGULATORY OFFICE
69 DARLINGTON AVENUE
WILMINGTON NORTH CAROLINA 28403
October 22, 2024
Regulatory Division
SAW 2023-00588
Sent Via email: [e-mail]
Kenneth & Dwight Babson
5233 Whiteville Rd NW
Ash, NC 28420
Dear Mr. Babson:
This letter is in response to the Pre-Construction Notification (PCN) you submitted to
the Wilmington District, Wilmington Regulatory Field Office on September 11, 2024, for
a Department of the Army Nationwide permit(NWP) verification. This project has been
assigned the file number SAW-2023-00588 and is known as Babson Mine-Pine Haven
Ln NWI Ash/ Brunswick. This file number should be referenced in all correspondence
concerning this project.
A review of the information provided indicates that the proposed work would include
the impact to 0.132 acres of open water ditch to facilitate the construction of a
sand mine . The project area for this determination includes a 41.8 acre(s) area which
is illustrated on the enclosed site plans/maps. The project/review area is located at Pine
Haven Lane NW, at Latitude 34.091590 and Longitude -78.553770; in Ash, Brunswick
County, North Carolina.
We have determined that the proposed work is authorized by NWP 44 pursuant to
authorities under Section 404 of the Clean Water Act(33 U.S.0 § 1344). The proposed
work must be accomplished in strict accordance with the general permit conditions, any
regional conditions, the special conditions listed in this letter, the application materials,
and the enclosed plans. If the extent of the project area and/or nature of the authorized
impacts to waters are modified, a revised PCN must be submitted to this office for
written approval before work is initiated. Any violation of permit conditions or deviation
from your submitted plans may subject the permittee to enforcement action.
This verification is valid until March 14, 2026, unless prior to this date the subject
NWP(s) is suspended, revoked, or is modified such that the activity no longer complies
with the terms and conditions of this NWP. If you commence or are under contract to
commence this activity before the date that the relevant NWP is modified or revoked,
you will have 12 months from the date of the modification or revocation of the NWP to
complete the activity under the present terms and conditions of this NWP.

Project Specific Special Conditions:
1. Suitable habitat for tricolored bat (Perimyotis subflavus, TCB) may be present at
the site. On September 14, 2022, the U.S. Fish and Wildlife Service (USFWS)
published a proposal in the Federal Register to list the TCB as endangered under
the Endangered Species Act (ESA). If TCB is listed, the proposed action would
affect its suitable habitat, and if work associated with the aforementioned
activities is not completed before the listing effective date, work must cease and
the permittee must contact the Corps' David Moose at
David.e.mooseausace.army.mil to determine if additional coordination with the
USFWS is required under Section 7 of the ESA prior to continuing work."
For activities occurring within the twenty coastal counties subject to regulation under
the Coastal Area Management Act(CAMA), prior to beginning work you must contact
the N.C. Division of Coastal Management Select Office
This NWP verification does not preclude the necessity to obtain any other Federal,
State, or local permits, licenses, and/or certifications, which may be required.
If you have any questions related to this verification or have issues accessing
documents referenced in this letter, please contact David Moose, Regulatory Specialist
of the Wilmington Regulatory Field Office at 910-251-4810, by mail at the above
address, or by email at [e-mail]1. Please take a moment to
complete our customer satisfaction survey located at
hftps://regulatory.ops.usace.army.mil/customer-service-survey/.
Sincerely,
Digitally signed by Dowd
David Moose Moose
Date:]024.10.2212A4:19
-04tl0'
David Moose
Project Manager
Enclosures
Cc (w/enclosures)
Megan Dean, SEGI (via [e-mail])
w

a �
Compliance Certification Form
File Number: SAW-2023-00588 County: Brunswick
Permittee: , Kenneth & Dwight Babson
Project Name: Babson Mine-Pine Haven Ln NW/Ash/ Brunswick
Date Verification Issued: 10/22/2024
Project Manager: David Moose
Upon completion of the activity authorized by this permit and any mitigation required by
the permit, sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
Wilmington District
Attn: David Moose
Wilmington Regulatory Field Office
69 Darlington Ave
Wilmington, NC 28403
or
[e-mail]
Please note that your permitted activity is subject to a compliance inspection by a U. S.
Army Corps of Engineers representative. Failure to comply with any terms or conditions
of this authorization may result in the Corps suspending, modifying or revoking the
authorization and/or issuing a Class I administrative penalty, or initiating other
appropriate legal action.
I hereby certify that the work, and mitigation (if applicable), authorized by the above
referenced permit has been completed in accordance with the terms and conditions of
the said permit including any general or specific conditions.
Date Authorized Work Started: Completed:
Describe any deviations from permit(attach drawing(s) depicting the deviations):
*Note: The description of any deviations on this form does not constitute approval by the Corps.
Signature of Permittee Date

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BRUNSWICK COUNTY.HORTH CASOLWA