91-24 Wynn, Phillip

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Permit Class Permit Number
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NEW 91-24
AMENDED STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
emit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Phillip Wynn, 113 Bimini Court, Havelock, NC 28532
Authorizing development in Craven County at adj. to Clubfoot Creek, at 113 Bimini Court in
Havelock , as requested in the permittee's application(PA-1333) submitted on 4/23/24, including attached
workplan drawings (7), Sheet 1, 2, 6, 7 dated 2/20/24, Sheet 3 dated 3/27/24, and Sheet 4, 5 dated 3/27/24.
This permit, issued on August 14,2024 , is subject to compliance with the application (where
consistent with the permit),all applicable regulations, special conditions and notes set forth below.Any violation
of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
Shoreline Stabilization—Bulkhead, Retaining Wall, and Rip Rap
1) The bulkhead,retaining wall, and rip rap shall be constructed in accordance with the alignments as
depicted on the attached workplan drawings. [07H .0208(b)(7)(D)]
2) No vegetated wetlands or open water shall be filled, even temporarily, outside of the approved
bulkhead,retaining wall, and rip rap alignment. [07H .0208(b)(7)(B); 07H .0205(d)]
3) The bulkhead and retaining wall shall be solid and constructed of treated wood, concrete slabs,metal
or vinyl sheet piles, or other suitable materials approved by Division personnel. [07H .0209(d)(4)]
(See attached sheet for Additional Conditions)
This permit action may be appealed by the permittee or other Signed by the authority of the Secretary of DEQ and the Chair
qualified persons within twenty(20)days of the issuing date. of the Coastal Resources Commission.
This permit must be accessible on-site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered For Tancred Miller, Director
hereunder requires further Division approval. Division of Coastal Management
All work must cease when the permit expires on
This permit and its conditions are hereby accepted.
August 13, 2029
In issuing this permit,the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
Signature of Permittee

Phillip Wynn Permit No. 91-24
Page 2 of 5
ADDITIONAL CONDITIONS
4) The alignment of the authorized bulkhead and retaining wall shall be staked by the permittee and
verified by a representative of the Division of Coastal Management within a maximum of 30 days prior
to the start of construction. Failure to initiate construction within 30 days,or erosion of the shoreline by
adverse weather conditions, shall require the alignment to be re-staked by permittee and verified by
DCM within a maximum of 30 days prior to the new expected start of construction. [G.S. 113-229(cl)]
5) The alignment of the toe of rip rap shall not exceed the alignment as depicted in the attached permit
application and workplan drawings. [07J .0202(c)]
6) The bulkhead and retaining wall shall be constructed prior to any backfilling activities. [07H
.0208(b)(7)(C); 07H .0209 (d)(4)]
7) The bulkhead and retaining wall shall be structurally tight so as to prevent seepage of backfill materials
through the structure. [07H .0208(b)(7)(C); 07H .0209(d)(4)]
8) The fill material shall be clean and free of any pollutants except in trace quantities. [07H .0208(a)(2)(A);
07H .0209(d)(3)]
9) Unless altered herein, all backfill material shall be obtained from a high ground source and confined
behind the permitted bulkhead. [07H .0208(b)(7)(C)]
10) No backfill material is to be placed within 30 feet of the normal high-water level, except that which will
be used to backfill the area behind the permitted bulkhead. [07H.0209 (d)(10)]
11) All fill material to be placed below normal high-water level shall be confined behind the permitted
bulkhead. [07H .0208(b)(7)(D); 07H .0209(d)(4)]
12) If the crossing of wetlands with mechanized construction equipment is necessary, temporary
construction mats shall be utilized for the areas to be crossed. The temporary mats shall be removed
immediately upon completion of construction. [07H .0205]
Boat Ramp
13) Unless specifically altered herein, this permit authorizes one concrete boat ramp, as indicated on the
attached workplan drawings. [07J .0202(c)]
14) The boat ramp and associated structures shall have a minimum setback distance of 15 feet between any
parts of the structure and the adjacent property owner's area of riparian access. [07H .0208(b)(6)(I)]
15) The boat ramp shall either be poured at an upland location and pushed into place once hardened, or
poured entirely within a watertight containment structure. Live concrete shall not be allowed to contact
waters of the State or waters that will enter waters of the State. [07H .0208(a)(2)(B)]
16) Placement of fill materials below normal water level shall be limited to the ramp structure. [07H .0206]

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Phillip Wynn Permit No. 91-24
Page 3 of 5
ADDITIONAL CONDITIONS
17) Excavation, fill and/or ground disturbing activities, associated with the placement of the boat ramp,
above and below the normal water line shall be limited to that absolutely necessary to establish adequate
ramp slope and provide a ramp no greater in size than specified in the attached permit application and
workplan drawings. [07J .0202(c)]
Excavation—Access Channel and Rip Rap Removal
18) No excavation shall take place outside of the areas indicated on the workplan drawings. [07H
.0208(b)(1)]
19) Excavation of the access channel shall not exceed-3.5 feet below the normal low water level. In no case
shall the depth of excavation exceed the depth of connecting waters. [07H .0208(b)(1)]
20) In no case shall the depth of excavation associated with the removal of existing riprap exceed the
elevation of surrounding substrate. [07H .0208(b)(1)]
21) The temporary placement or double handling of excavated or fill materials within waters or vegetated
wetlands is not authorized. [07H .0208(b)(1)(B); 07H .0208(b)(1)(C)]
22) No excavated or fill material shall be placed at any time in any vegetated wetlands/marsh or surrounding
waters outside of the alignment of the fill area indicated on the workplan drawing(s). [07H
.0208(b)(1)(B); 07H .0208(b)(1)(C)]
23) No excavation shall take place within 10 feet of any Coastal Wetlands. [07H .0208(b)(1)]
Maintenance Clause [07J.04071
24) The Division of Coastal Management shall be notified in writing at least two (2)weeks in advance of
any maintenance excavation work authorized by this permit, and such notification shall include:
A. The number of the original permit.
B. A statement that no dimensional changes are proposed.
C. A copy of the original permit plans with cross-hatching indicating the area to be maintained,the
area to be used for dredge material disposal, and the estimated amount of material to be removed.
The location, design and holding capacity of the dredge material disposal site shall be approved
by a representative of the Division prior to the initiation of any maintenance dredging activities.
D. The date of map revision and the permittee's signature shown anew on the original plan.
Dredee Material Disposal
25) No dredge material shall be placed within 30 feet of the normal high-water line, except that which will
be used to backfill the area behind the permitted bulkhead, once properly dried. [07H .0209 (d)(10)(G),
07H .0208(b)(1)(B)]
26) All excavated materials shall be confined above normal high water and landward of regularly or
irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of
solids into any marsh or surrounding waters. The barriers shall be maintained and functional until the
site is graded and stabilized. [07H. 0208(b)(1)(B); 07H .0209(d)(3)(B); 07H .0208(b)(2)(A)]

Phillip Wynn Permit No. 91-24
Page 4 of 5
ADDITIONAL CONDITIONS
27) Dredge material from the authorized dredge footprint shall be dewatered before use as backfill. All
remaining backfill material shall be obtained from a high ground source and confined behind the
permitted bulkhead. [07H .0208(a)(2)(B) and(D); 07H .0209(d)(4)]
28) The dredge material disposal area shall be inspected and approved by a representative of the Division of
Coastal Management prior to the commencement of any dredging activities. [07H .0208(b)(1); 07H
.0208(b)(2)]
USACE Conditions {G.S. 113A-107. G.S. 113-229(e)l
29) In order to protect juvenile finfish resources,no excavation or filling activities will be permitted between the
dates of April 1 and September 30 of any year without the prior approval of the North Carolina Division of
Coastal Management and the U.S. Army Corps of Engineers.
Sedimentation and Erosion Control
30) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters. [07H .0209(d)(4); G.S. 113A-102(a); 07H .0207; 07H .0208]
31) Appropriate sedimentation and erosion control devices,measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands,watercourses or properties. [07H
.0209(d)(4); G.S. 113A-102(a); 07H .0207; 07H .0208]
32) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of any phase of
grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately
landward of the bulkhead cap immediately following completion of backfilling activities. [07H
.0209)(d)(3)(B); 07H .0209(d)(3)(C)]
General
33) All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters
and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of
petroleum products or any other hazardous waste,the permittee shall immediately report it to the National
Response Center at [phone] and provisions of the North Carolina Oil Pollution and Hazardous
Substances Control Act will be followed. [07H .0208(a)(2)(B)]
34) This permit shall not be assigned,transferred, sold, or otherwise disposed of to a third party without the
written approval of the Division of Coastal Management. [07J .0406(b)]
35) All construction debris associated with the removal or construction of the permitted development shall
be contained within the authorized project area and disposed of in an approved upland location. [07J
.0209(a); G.S 113A-120(b)]
36) The permittee and/or their contractor shall meet with a representative of the Division prior to project
initiation. [07J .0209(a)]

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Phillip Wynn Permit No. 91-24
Page 5 of 5
ADDITIONAL CONDITIONS
NOTE: If a court of competent jurisdiction determines that a party other than the permittee has legal title
to any part of the area approved for development under this permit,this permit should be null and
void as to the area the court determines is not owned by the permittee. This decision should take
effect on the date such court judgment becomes final. In such event, the permittee should consult
DCM prior to initiating or continuing any further development under this permit. DCM has no
authority to enforce subdivision covenants, and the Permittee should contact their HOA to ensure
this project's compliance with such covenants.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General
Permit 198000291 (Action ID SAW-2022-00538).
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of Individual
Water Quality Certification 7088 and assigned the project DWR Project No. 19980781v2.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at(252) 515-5400 prior to the commencement of any
such activity for this determination. The permittee is further advised that many non-water
dependent activities are not authorized within 30 feet of the normal high-water level.
NOTE: An application processing fee of$400 was received by DCM for this project. This fee also
satisfied the Section 401 application processing fee requirements of the Division of Water
Resources.

ROY COOPER
Governor
ELIZABETH S.BISER
Secretory •awl
TANCRED MILLER NORTH CAROLINA
Director Environmental Quality
August 13,2024
Steve and Lisa McCracken sent by email to: stevepmccracken(a),yahoo.com
117 Spinnaker Ln, lisamccrackenAyahoo.com
Havelock,NC 28532
Dear Mr. and Mrs. McCracken,
This letter is intended to notify you of the issuance of CAMA Major Permit No. 91-24 for
proposed development by Phillip Wynn, located at 113 Bimini Court, in Havelock,NC. The
authorized project consists of the construction of a bulkhead,boat ramp, dredging, and associated
coastal and 404 wetland fill. The proposed project has been determined to comply with the
Coastal Area Management Act and/or State Dredge&Fill Law, and the Rules of the Coastal
Resources Commission. As such, a permit has been issued to authorize the development. I have
enclosed a copy of the permit and want to point your attention to the first two notes under the
General section which address any additional authorizations or requirements made by the
neighborhood association.
If you wish to contest our decision to issue this permit, you may file a request for a Third-Party
Appeal pursuant to N.C.G.S. § 113A-121.1(b). The Chair of the Coastal Resources Commission
will consider the case and determine whether to grant your request to file a Contested Case
Hearing in the Office of Administrative Hearings. The hearing request must be filed with the
Director of the Division of Coastal Management in writing(email or hard copy)and must be
received within twenty(20)days of the disputed permit decision. More information about this
process as well as the forms are available on DCM's website,here:
hgps://deq.nc.gov/about/divisions/coastal-manaizement/coastal-mana eg ment-permits/variances-
appeals
If, after reviewing the information on the website above,you have questions about the process,
please contact DCM legal counsel DEQ Asst. General Counsel Christine Goebel by email at
Christine. og ebeladeq.nc.gov.
Sincerely,
Cameron Luck
Assistant Major Permits Coordinator
CC: MHC DCM,via email
DEQ Asst. GC Christine Goebel,via email
D E Q North Carolina Department of Environmental Quality I Division of Coastal Management
-'ar ofMorehead City Office 1 400 Commerce Avenue I Morehead City,North Carolina 28557
rtJr+rr caul iwi �
252.515.5400