20020334 Ver 2_Approval Letter_20090302

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North Carolina Department of Environme n+ r
Division of Water Quay MIT
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary

March 2, 2009 a:
DWQ Project # 02 0334 V 2
Pender County
Wooten Holding Co., LLC;
c/o Allen Wooten
8155 Malpass Road
Currie, NC 28435 -y
Subject Property: Hampstead Marina, 128 Broadview Lane, Hampstead
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Wooten:
You have our approval, in accordance with the attached conditions and those listed below, to maintenance dredge
approximately 34, 170 sq ft (0.785 acres) of shallow bottom habitat, as described within your CAMA application dated
January 20, 2009 and received by the Division of Water Quality (DWQ) Wilmington Regional Office (WiRO). After
reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number
3642 (GC 3642). This Certification can also be found on line at: hltp://h2o.enr.state.nc.us/ncwetlands/certs.htm]. The
Certifications allows you to use the CAMA Major Permit when issued by the Division of Coastal Management. In
addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go
ahead with your project including (but not limited to) Erosion and Sediment Control, Non-discharge, and stormwater
regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted
in your application shall expire upon expiration of the 404 or CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change your project, you must
notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a
copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for
this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may
be required as described in 15A NCAC 2H.0506 (h). This approval requires you to follow the conditions listed in the
attached certification and any additional conditions listed on the following pages.
The Additional Conditions of the Certification are:
I . Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of this
Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts:
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Page Two
Wooten Holding Co., LLC
c/o Allen Wooten
DWQ Project # 02 0334 V2
March 2, 2009
Amount Approved (Units) Plan Location or Reference
Coastal Wetlands N/A (acres)
Shallow bottom Open
water 34,170 sq ft (0.785 acres) Option 2 (Sheet 3 of 5)
2. Moratoriums
Dredging moratoriums shall be observed as required by the NC Division of Marine Fisheries, NC Wildlife
Resources, US Fish and Wildlife and National Marine Fisheries.
3. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications governing the proper
design, installation and operation and maintenance of such Best Management Practices in order to protect surface
waters standards:
a. The erosion and sediment control measures for the project must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control
Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be
such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina
Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow
sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the
project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act.
4. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of
the impacts depicted in the application. All construction activities, including the design, installation, operation,
and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no
violations of state water quality standards, statutes, or rules occur.
5. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they
shall be removed and the natural grade restored within six months of the date that the Division of Land Resources
has released the project.
North C amli is Division o wafer Quality Wilmington Regiona C3+lite
o et'on 127 Cardinal Di vc f xtencwn U%ilnur sictr., KC- 28405
Yhone 910 796-7214;' . FAXt 910 350-1004\ C rs'omer Service; 1-877-623-6748
i ezrset:www.ncwaterqua11ry,,,)rg
NorthCarolina
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Page Three
Wooten Holding Co., LLC
c/o Allen Wooten
DWQ Project # 02 0334 V2
March 2, 2009
6. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent modifications, the applicant is required to return the attached certificate of completion to the
401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-
1650.
Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal
and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA
Permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or waters impacts),
you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a
hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are
final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have
any questions, please telephone Ian McMillan in the Central Office in Raleigh at 919.733.1786 or Joanne Steenhuis in the
DWQ Wilmington Regional Office at 910.796.7215.
Sincerely,

Coleen H. Sullins, Director
Division of Water Quality
Enclosures: GC 3642
Certificate of Completion
cc: Carmen Pascarosa - Gahagan & Bryant Associates, Inc.
David Timpy - USACE Wilmington Regulatory Field Office
Ian McMillan - DWQ 401 Unit
Doug Huggett - DCM Morehead City
Heather Coats - DCM Wilmington
WiRO
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