20020334 Ver 2_Other Agency Comments_20090803

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52-09
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
e r m t t
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 Wooten Holding Company, LLC, c/o Allen Wooten, 8155 Malpass Road, Currie, NC 28435
Authorizing development in Pender County at adj. the AIWW, 1.28 Broadview Lane,
Hampstead, NC 28443 as requested in the permittee's application dated 9/17/08 (MP -1). 11/7/08 (MP -2 & MP -
4), including the attached workplan drawings (5), 1/5 dtd 8/6/08, 2-4 of 5 dtd revised 5/2/09, and 5/5 dtd revised 9/30/08
This permit, issued on July 29, 2009 , 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.
Docking Facility
1) Unless specifically altered herein, this permit authorizes the reconfiguration of the docks, piers, and
other structures and uses located in or over the water that are expressly and specifically set forth in
the permit application. No other structure, whether floating or stationary, shall become a permanent
part of this reconfigured docking facility without permit modification. No non -water dependent uses
of structures shall be conducted on, in or over public trust waters without permit modification.
2) This permit authorizes a maximum of nine (9) formalized boat slips associated with the docking
facility. D [Ekt?tkR0Wa
(See attached sheets for Additional Conditions) AUG 3 2009
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
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
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2012
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
DENR - WATER QUALITY
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
James H: r gson, Director
ivision of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

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4 Wooten Holding Company c/o Allen Wooten
Permit #52-09
k
Page 2 of 4 t
F
ADDITIONAL CONDITIONS
3) The permittee shall maintain the authorized work in good condition and in conformance with the terms
and conditions of this permit. The permittee is not relieved of this requirement if he abandons the
permitted activity without having it transferred to a third party.
4) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S.
Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.
5) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
docking facility. Any sewage discharge at the docking facility shall be considered a violation of this
permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout
the entire existence of the permitted structure.
6) The piers and associated structures shall have a minimum setback distance of 15 feet between any parts
of the structure and the adjacent property owner's riparian access corridor, which is determined by
drawing a line parallel to the channel, then drawing a line perpendicular to the channel line that
intersects with the shore at the point where the upland property line meets the water's edge.
Gazebo
7) All portions of the authorized gazebo shall be located below the Normal High Water Level.
8) The authorized gazebo shall not be enclosed. Any material used on the sides shall not obstruct view and
shall be permeable to air and water. Screen or wire on the sides along with benches and knee walls are
permitted. Lattice is specifically excluded from being used under this authorization.
9) Tk exoof,of the gazebo shall not be designed for second story use.
Bulkhead
10) The bulkhead shall be constructed in the same alignment as the existing bulkhead.
11) The bulkhead shall be constructed prior to any backfilling activities.
12) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
structure.
Excavation
13) In order to protect juvenile finfish .resources, no excavation shall be permitted between April 1 and
September 30 of any year without prior approval of the North Carolina Division of Coastal Management
and the U.S. Army Corps of Engineers.

Wooten Holding Company c/o Allen Wooten Permit #52-09
Page 3 of 4
ADDITIONAL CONDITIONS
14) Unless specifically altered herein, the dimensions of the area to be dredged shall not exceed the area that
is expressly and specifically set forth in the attached permit application and workplan drawings. Any
proposal to change the area to be dredged shall require permit modification.
15) Excavation shall not exceed -6 feet below the normal low water level. In no case shall the depth of
excavation exceed the depth of the connecting waters.
16) The temporary placement of double handling of excavated materials within waters or vegetated wetlands
is not authorized.
NOTE: The permittee's contractor is advised to contact the U.S. Coast Guard at [phone], ext. 108
to discuss operations and appropriate lighting, markers, etc. for all dredge equipment.
Spoil Disposal — DA #205
17) All excavated materials shall be confined above normal high water and landward of regularly or
irregularly flooded Coastal Wetlands behind adequate dikes or other retaining structures to prevent
spillover of solids into any marsh or surrounding waters.
18) The disposal area effluent shall be contained by pipe, trough, or similar device to a point at or beyond
the mean low/normal water level to prevent gully erosion and unnecessary siltation.
19) The terminal end of the pipeline shall be positioned at or greater than 50 feet from any part of the dike
and a maximum distance from spillways to allow settlement of suspended sediments.
20) A water control structure shall be installed at the intake end of the effluent pipe to assure compliance
with water quality standards.
21) The diked disposal area shall be constructed a sufficient distance from the normal high water level or
any marsh to eliminate the possibility of dike erosion into surrounding wetlands or waters.
Sedimentation and Erosion Control
NOTE: An Erosion and Sedimentation Control Plan may be required for this project. If required, this
plan shall be filed at least thirty (30) days prior to the beginning of any land disturbing activity.
Submit this plan to the Department of Environment and Natural Resources, Land Quality
Section, 127 Cardinal Drive Extension, Wilmington, NC 28405.
22) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence,
diversion swales or berms, etc.).
General
23) This permit does not authorize any impacts to the boatramp or breakwater on the adjacent property. The
permittee shall not hold the State liable for any such impacts.

Wooten Holding Company c/o Allen Wooten Permit 952-09
Page 4 of 4
ADDITIONAL CONDITIONS
24) The permittee understands and agrees that, if future operations by the United States requires the
removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the
opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause
unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon
due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions
caused thereby, without expense to the United States or the state of North Carolina. No claim shall be
made against the United States or the state of North Carolina on account of any such removal or
alteration.
25) The federally endangered West Indian manatee (Trichechus manatus), has been reported in North
Carolina waters. In order to protect the manatee, all work should be done between November 1 and May
31. If work must be done outside of this time frame, the permittee shall adhere to enclosed guidelines,
entitled "Precautions for General Construction in Areas Which May Be Used by the West Indian
Manatee in North Carolina".
26) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable
waters at or adjacent to the authorized work.
27) This permit does not authorize the interference with any existing or proposed Federal project, and the
permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury
which may be caused from existing or future operations undertaken by the United States in the public
interest.
28) No vegetated wetlands shall be excavated or filled, even temporarily.
29) 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.
NOTE: Any proposal to add two or more additional boat slips to the authorized 9 slip facility may
require that the docking facility be classified as a marina, and shall therefore require a review
under the N.C. Environmental Policy Act (NCEPA).
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: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] 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: The N.C. Division of Water Quality has authorized the proposed project under DWQ Project No.
02-0334 v 2.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No.
SAW -2002-00498 which was issued on 3/9/09.

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Pander County, North
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Maintenance Dred in Horhont I Mum: Notts Carolina State Pian. wwe3
ging Vertical Datum: Mean low Water (MLW) Drawn Or. AML Checked Ry: CLG
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