20020334 Ver 2_Notice of Violation_20120725

.RKV),
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Governor
Charles Wakild, P. E.
Director
July 25, 2012
CERTIFIED MAIL 7010 0290 0003 0834 5695
RETURNED RECEIPT REQUESTED
Wooten Holding Company, LLC
Attn: Allen Wooten
8155 Malpass Road
Currie, NC 28435
Subject: Notice of Violation
401 General Certification DWQ 2002 -0334 V2
401 Conditions Violation
Hampstead Marina, Hampstead, Pender County
Dear Mr. Wooten:
mod' oq
Dee Freeman
Secretary
On March 2, 2009, the Division of Water Quality (DWQ) issued a 401 Water Quality
Certification under the General Certification No. 3642 which corresponds to the US Army Corps
of Engineers ( USACE) Regional General Permit 1980000291. The Regional General Permit and
corresponding 401 Certification authorized the maintenance dredging of approximately 34,170 sq
ft (0.785 acres) of shallow bottom.
On May 15, 2012, the DWQ received a copy of the Division of Coastal Management's Notice of
Violation stating that the area had been over dredged. On May 17, 2012, the DWQ received a
copy of the as -built survey, provided to USACE as required per the Consent Agreement. The as-
built survey indicated that the area had been over dredged as well as dredging outside the
permitted dredging footprint. Dredging had exceeded the permitted depth, as well as the
permitted footprint.
As a result of the file review and a review of the as -built survey, the following violation is noted:
Item I. 401 Water Quality Certification condition violations
1617 Mail Service Center, Raleigh, North Carolina 27699 -1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: www.ncwaterauality.org
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
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Wooten Holding Company, LLC
Attn: Allen Wooten
July 25, 2012
Page 2 of 3
Condition Violation # 1 per the Division letter written March 2, 2009 states:
The following impacts are approved as long as all of the other specific and general
conditions of this Certification are met. No other impacts are approved including incidental
impacts:
The investigators found that the as -built survey showed that dredging had occurred outside
the permitted footprint as well as being dredged deeper than the -6 feet below the normal
low water level as described in your permit application.
The DWQ would like to note the following:
The Division of Coastal Management has not required restoration of the dredged areas outside
the footprint nor the deeper channel areas.
The e -mail from Chris Gibson that transmitted the as -built survey stated that the deepest area
dredged has potentially shoaled in, although this had not been confirmed.
The DWQ will concur with the decision of the Division of Coastal Management and not require
restoration due to the greater impact to the resource by the restoration process than by leaving it
to recover on its' own.
The DWQ also notes that this is not the first violation by this applicant at this project area by
dredging outside the permitted footprint.
Required Response
You are directed to respond to this letter in writing within 15 calendar days of receipt of
this Notice. Your response should be sent to both this office at the letterhead address and to the
Wetlands and Stormwater Branch, NPS Assistance and Compliance Oversight Unit, 1617 Mail
Service Center, Raleigh, NC 27699 -1617. Your response should include the following:
1. An explanation of why these impacts occurred and how this will be avoided in the future;
2. Include a statement of how you will mark the channel for future dredging purposes, so that the
dredger will not exceed the permitted footprint again or dredge the channel deeper than
permitted.
Also include any additional items that the USAGE requires in your response.

Wooten Holding Company, LLC
Attn: Allen Wooten
July 25, 2012
Page 3 of 3
Thank you for your attention to this matter. This office requires that the violations, as
detailed above, be abated immediately. These violations and any future violations are
subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Your
above - mentioned response to this correspondence will be considered in this process. Should you
have any questions regarding these matters, please contact Joanne Steenhuis at 910.796.7306 or
myself at 910.796.7386.
Sincerely,
�A' C7-��
Ja H. Gregson
Regional Supervisor
Surface Water Protection Section
cc: Wetlands and Stormwater Branch
— Ian McMillan
Compliance and Assistance Unit —
Shelton Sullivan
Wilmington Corps of Engineers —
David Timpy (E -mail)
Division of Coastal Management
— Tara MacPherson
WiRO