71-96 Basnight, Marc

Permit Class
NEW
Permit Number
STATE OF NORTH CAROLINA
Department of Environment, Health & Natural Resources
and
Coastal Resources Commission
TM.�P�I�I�It�
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
authorizing development in bare County at Rnannke Smind offnfI T C Avw 6,1n64thugs
Head Causeway as requested in the permittee's application dated 3/25/96 including attached workman
drawings. 3 dated received 4/1 /96.
This permit, issued on 5�9�96 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 a fine, imprisonment or civil action; or may cause the permit to be null and void.
Pier and Covered Platform
1) The pier and covered platform have a minimum setback distance of 15' between any parts of the
structure and the adjacent property lines as extended perpendicular to the channel into the water at
the points where they intersect the shoreline.
2) The covered platform shall not be enclosed.
3) The authorized structure and associated activity must not cause an unacceptable interference with
navigation.
attached sheet for
This permil_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 Departmental approval.
All work must cease when the permit expires on
December 31, 1999
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina
Coastal Management Program.
Signed by the authority of the Secretary of DEHNR and the
Chairman of the Coastal Resources Commission.
fay Roger N ecter, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Marc Basnight
ADDITIONAL CONDITIONS
Permit #71-96
Page 2 of 2
4) The permittee will maintain the authorized work in good condition and in conformance with
ther terms and conditions of this permit. The permittee is not relieved of this requirement if
he abandons the permitted activity without having the permit transferred to a third parry.
Rock Breakwater
5) The riprap material will be clean and free of any pollutants, except in trace quantities.
6) The temporary placement or double -handling of riprap materials within waters or vegetated
wetlands is not autthorized.
NOTE: The Division of Environmental Management authorized this project under General
Water Quality Certification No. 3025 on 4/17/96.

www.rwww.r.'.r.r-.r-..•w.ww wMv •.- v rww� — _ � v v r v _ _ _ _ _ _ _
..n
Permit Class
NEW
STATE OF NORTH CAROLINA
Department of Environment, Health & Natural Resources
and
Coastal Resources Commission
ermIt
for '
K Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Permit Number
authorizing development in Dsre County at Roanoke gnund nfFnfTT g TTwv 64/26d theNagg_
Head Causeway--, as requested in the permittee's application dated 3/25/96 including attached workplan
drawings 3 dated received 4/1 /96.
This permit, issued on 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 a fine, imprisonment or civil action; or may cause the permit to be null and void.
Pier and Covered Platform
1) The pier and covered platform have a minimum setback distance of 15' between any parts of the
structure and the adjacent property lines as extended perpendicular to the channel into the water at
the points where they intersect the shoreline.
2) The covered platform shall not be enclosed.
3) The authorized structure and associated activity must not cause an unacceptable interference with
navigation.
attached sheet
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 Departmental approval.
All work must cease when the permit expires on
December 31,1999
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina
Coastal Management Program.
Signed by the authority of the Secretary of DEHNR and the
Chairman of the Coastal Resources Commission.
Roger N ecter, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Marc Basnight Permit 971-96
Page 2 of 2
ADDITIONAL CONDITIONS
4) The permittee will maintain the authorized work in good condition and in conformance with
ther terms and conditions of this permit. The permittee is not relieved of this requirement if
he abandons the permitted activity without having the permit transferred to a third parry.
Rock Breakwater
5) The riprap material will be clean and free of any pollutants, except in trace quantities.
6) The temporary placement or double -handling of riprap materials within waters or vegetated
wetlands is not autthorized.
The Division of Environmental Management authorized this project under General
Water Quality Certification No. 3025 on 4/17/96.

'ennit Class
NEW
Permit Number
STATE OF NORTH CAROLINA
Department of Environment, Health & Natural Resources
and
Coastal Resources Commission
M1 IN
UMI
for
K Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
% Excavation and/or filling pursuant to NCGS 113-229
Issued to Mare Raanight, 4RI Mother Vinevnrd Rnad� Mnntan, N(' 77(K4
authorizing development in Dare County at Rnannke CrninA 4fnfTT R T-Twv (id/?hd the Naga
Head Causeway as requested in the permittee's application dated 3/75/96including attached wor4lan
drawings 3 dated received d/1/9fi.
This permit, issued on 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 a fine, imprisonment or civil action; or may cause the permit to be null and void.
Pier and Covered Platform
1) The pier and covered platform have a minimum setback distance of 15' between any parts of the
structure and the adjacent property lines as extended perpendicular to the channel into the water at
the points where they intersect the shoreline.'
2) The covered platform shall not be enclosed.
3) The authorized structure and associated activity must not cause an unacceptable interference with
navigation.
attached sheet for
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 Departmental approval.
All work must cease when the permit expires on
December 31,1999
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina
Coastal Management Program.
Signed by the authority of the Secretary of DEHNR and the
Chairman of the Coastal Resources Commission.
Roger NOfieciter, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Marc Basnight Permit #71-96
Page 2 of 2
ADDITIONAL CONDITIONS
4) The permittee will maintain the authorized work in good condition and in conformance with
ther terms and conditions of this permit. The permittee is not relieved of this requirement if
he abandons the permitted activity without having the permit transferred to a third parry.
Rock Breakwater
5) The riprap material will be clean and free of any pollutants, except in trace quantities.
6) The temporary placement or double -handling of riprap materials within waters or vegetated
wetlands is not autthorized.
'NOTE: The Division of Environmental Management authorized this project under General
Water Quality Certification No. 3025 on 4/17/96.

Form DCM-MP-1
APPLICATION ..
1. APPLICANT
a. Landowner:
Name
Address
CitY44
Zip
Fax
b. Authorized Agent:
Name
Address
City _
Zip
Fax
Day Phone
c. Project name (if any)
State
(To be completed by all applicants)
NOTM Pernit wiU be issued in now of landawner(s), and/or
project name.
2. LOCATION OF PROPOSED
PROJECT
a. County
OR 1 1996
b. City, tov(n, community gr landmark
c. Street �address secondary road numbe
,�� M� �i
d. Is proposed work wi in city limits or planning
jurisdiction? Yes No
e. Name of body of wat nearest prol (e,.$, river,
creek, sound, bay) o� ti n /� �1,�«
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
b. Is the proposed activity maintenance/ of an existing
project, new work, or both?
c. Will the pro,]je_ct be for public, private or commercial
use?
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
project. If more space is needed, please attach
additional pages
Revised 0319S

Form DCM-MP-1
RECEIVED
APR 1 1996
in. Desobe existing wastewater treatm facilities.
4. LAND AND WATER K T ^� Z
CHiARACTERISTICS
a. Size of entire tract
b. Size of individuallot(s)
c. Approximate eleyyat*on of tract above MHW or
NWL _�v 'c
d. Soil type(s) and texture() of tract
e. Vegetation on tract (T� G9� S �F— �14 ✓!�
f. Man-made features now on tract A
g. What is the CAMA Land Use Plan land
classification of the site? (Consult the towl rmtd use plat.)
Conservation
Transitional
Developed
Community
Rural
Other
h. How is the tract zoned by local government?
i. Is the proposed pp' consistent with the applicable
zoning? Yes No
(Attach zoning eonpGance certificate, if applicable)
j. Has a professional archaeological asses !PMbeen
done for the tract? Yes No
If yes, by whom?
k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eligt property?
Yes No
1. Are there wetlands on the site? _ Yes '✓No
Coastal (marsh) Other
If yes, has a delineation been conducted?
(Attach documentation, if available).
n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down" and residtial discharges.)
�' i A Tl4N s; < L
o. Describe existing drinking water supply source.
i
5. ADDITIONAL INFORMATION
In addition to the completed application form, the
following items must be submitted:
• A copy of the deed (with state application only) or
other instrument under which the applicant claims title
to the affected properties. If the applicant is not
claiming to be the owner of said property, then
forward a copy of the deed or other instrument under
which the owner claims title, plus written permission
from the owner to carry out the project.
• An accurate, dated work plat (including plan view
and cross -sectional drawings) drawn to scale in black
ink on an g 1/2" by 11" white paper. (Refer to
Coastal Resources Commission Rule 7J.0203 for a
detailed description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue -line
prints or other larger plats are acceptable only if an
adequate number of quality copies are provided by
applicant. (Contact the U.S. Army Corps of
Engineers regarding that agency's use of larger
drawings.) A site or location map is a part of plat
requirements and it must be sufficiently detailed to
guide agency personnel unfamiliar with the area to the
Revised 03/95

Form DCM-MP-1
OMIT
site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
• A Stormwater Certification, if one is necessary.
• A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners and
signed return receipts as proof that such owners
have received a copy of the application and plats
by certified mail. Such landowners must be advised
that they have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management. Upon signing this form, the applicant
further certifies that such notice has been provided.
Name
Address
Phone
i
Name -e kI
Address // 4
✓ Phone 4/ '/Zi A,', _
Name 33
Address
Phone
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
• A check for $250 made payable to the Department of
Environment, Health, and Natural Resources
(DEHNR) to cover the costs of processing the
application.
• A signed AEC hazard notice for projects in
oceanfront and inlet areas.
• A statement . of compliance with the N.C.
Environmental Policy Act (N.C.G.S. 113A - 1 to
10) If the project involves the expenditure of public
funds or use of public lands, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act.
6. CERTIFICATION AND PERMISSION
TO ENTER ON LAND
I understand that any permit issued in response to this
application will allow only the development described in
the application. The project will be subject to conditions
and restrictions contained is the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's
approved Coastal Management Program and will be
conducted in a manner consistent with such program.
I certify that I am authorized to grant, and do in fact,
grant permission to representatives of state and federal
1� review agencies to enter on the aforementioned lands in
connection with evaluating information related to this
permit application and follow-up monitoring of the
project.
I further certify that the information provided in this
application is truthful to the best of my knowledge.
This is the day of L/� , 19-2Z
PrintName
Signature
Lmndox r or Authorized
Please indicate attachments pertaining to your proposed
project.
_ DCM MP-2
Excavation and Fill Information
_ DCM MP-3
Upland Development
_ DCM MP-4
Structures Information
_ DCM MP-5
Bridges and Culverts
DCM MP-6
Marina Development
NOTE. Please sign and date each attachment in the
space provided at the bottom of each form.
Revised 03/95

Form DCM-MP4
STRUCTURES
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-1. Be sure to complete all
other sections of the Joint Application which relate to
this proposed project.
a. Dock(s) and/ r Pier(s)
(1) Commercial Community _ Private
(2) Number
(3) Length c 1)r
(4) Width 9-� 4- Ar
(5) Finger Piers Yes _ No
(i) Numbers
(ii) Length 2 6t
(iii) Width
(6) Platform(s) —Yes _No
(i) Number
(ii) Length
(iii) Width
(7) Number of slips proposed 6
(8) Proximity of structure adjacent riparian
property lines � � 4f.
(9) Width of water body -� = f.
(10) Water depth at waterward end of pier at
MLW or NWL ---� sr) .
b. Boathouse (incI d' g covered lifts)
(1) Commercial Private
(2) Length
(3) Width
c. Groin (e.g. wood, sheetpile, etc.)
(1) Number
(2) Length(s)
d. Breakwater (e.g. wood, sheetpile, etc.) Roc-,
(1) Length 2 6 X .17-/
(2) Average distance from MHW, NWL or
wetlands /0 D
(3) Maximum distance beyond MHW, NWL or
wetlands /b /) �
RECEIVED
APR 1 1996
e. Mooring buoys
(1) _ Commercial _Community _ Private
(2) Number
(3) Description of buoy
(Color, inscription, size, anchor, etc.)
(4) Width of water body
(5) Distance buoy(s) to be placed beyond
shoreline
f. Mooring structure (boatlift, mooring pilings, etc.)
(1) _ Commercial _Community _ Private
(2) Number
(3) Length
(4) Width
g. Other (Give conpiere desmp ion)
Applicant or Project Name
Signature /
Date
Revised 03/95

z
Soo
3( I I I I I,
0
R�551 SICTIA pF � �a
Ro4K aRFA,KWATCK
Y

ECETED
APR 1 1996
3b'X 6' 0
e
0
0
Sxbv
-------------

I w N I -
L600,
DA1'3•.-trr' 15LANP\�1 I �, -' ~ ��[[ V
e OTC: (+✓:,•. \
_ 53'
SIZE
N '�12� I G,OF`( FRAME $WW
KOAMOKE
Wp
\�
\J Z�set'nc
� i
�C D VjItAIIJFIE
�VLL�IJT )AP 'ke ....Cl� 1.4S3AG— t AREA
$ObIE ISLAND AL
- '•-._6KIC!(
M ARK AZIMiTi �!F -p J/ PLhNTERS
W we0l(.Z.ZOE, �,0 0 ` AsPI•tAL_T o- /�
E 3,oi, 8z1.T2o Fk'Et7ERICIG M.SKuggL .� D - {�p.E2.Kll�1[� �i ASPHAL-f
6CAL6 FACTO: DB roo(o PG 'Iq d• PARKlt1G
0•999936 f GRID TIE Ltt IL .... N : U.P.u. F,: Slblt t
S B,' of 24 E
4129.51
^•• GUR6 -•` ••'EDGe of PAVEMEt.17 -"- CURB
COIJTROL CORNER
toeoo,3,.041: E 3,003,G91.700 U. S. Ra W 7 E S G 4- 4 2 G4-
4�_ P'.vEt-AEv4-T
-- EDGE or P'AVEMEW
THIS PLAT REPRESENTS A SURVEY OF. AN EXISTING PARCEL OF LAND ,
CURRENT OWNER: NEYBRIT CORPORATION. DB 369. PG 784 pO��\k CAR01�ry•
PIN NUMBER: 070906394643 - �•�Z�QE.........
I. WESLEY M. MEEKINS. JR. CERTIFY THAT UNDERMY SION
S PLAT
DRAWNRECTION FROM ANAND ACTUALERVIFIELD LANDISURVEY:WAS THAT L-1465 -I
THATRTHIS PLATRWASSPREPAREDAINUACCORDANCE WIDTH 0 -; �6.6�0$U{iVE;��e
AN/SEALMTITOSEIGI 421. �YGOFTJAN SY IST96TE ION 60N NUMBER ,,��'.,��,M„M�'G�•
WE INS, JR. L-1165
FLcdo ZONE--AE
F,ASE. FLaoq ELEV=q•o
F- P. ELEV- = 1.7
i�t55"14coW ro9.lq' r '
. --cvI.1GR�TE
3
d'
N
2
/N14
ry
tA IF KD E.ER-I• D. egWARDS
Via 46 PG to
U.?�, �oVERHEAt�
u Z I t-1'i-Y
wt REs
SURVEY FOR
MARC & CAROLYN T. BASNIGHT
NAGS HEAD —NAGS HEAD TOWNSH I P
DARE COUNTY —NORTH CAROL I NA
LEGEND
o IRON REBAR SET-
• EXISTING IRON PIPE
■ EXISTING CONCRETE MONUMENT
U.P. DEt toTEb UJILIV POLE
JOB NUMBER: NAGS-SSS -qG
SURVEYED JANUARY 3.-1996 W.M. MEEKINS. JR_ 6 ASSOCIATES. INC. D
LAND SURVEYORS AND PLANNERS..
. P.O. BOX 1998 37'
MANTEO. NORTH CAROLINA 27954
SCALE: 1' - 60' Q3
a

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 J CO•
WILMINGTON, NORTH CAROLINA 28402-1890
REPLYTO
ATTENTION OF
May 9, 1996
Regulatory Branch
Action ID No. 199601580
Mr. John Parker
Division of Coastal Management
North Carolina Department of Environment,
Health, and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Parker:
Reference the application of Marc Basnight for a Department of the Army
(DA) permit to construct a pier, covered platform, six boatslips, and an
offshore rock breakwater, on property located off the south side of U.S.
Highway 64/264, adjacent the Nags Head Causeway and the Roanoke Sound, Dare
County, North Carolina.
The Federal agencies have completed review of the proposal as presented
by the application and your field investigation report.
We recommend that the following condition(s) be included in the State
authorization:
1. All work authorized by this permit must be performed in strict
compliance with the permit plans.
2. The temporary placement or double handling of excavated or fill
materials within waters or vegetated wetlands is not authorized.
3. The riprap material will be clean and free of any pollutants except
in trace quantities. Metal products, organic materials, or unsightly debris
will not be used.
4. The authorized structure and associated activity will not cause an
unacceptable interference with navigation.
Questions or comments may be addressed to Mr. Raleigh Bland, Washington
Regulatory Field Office, telephone [phone], extension 23.
Sincerely
Raleigh land, P.W.S.
Regulatory Project Manager

DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL/PROCESSING R]
A) APPLICANT: Marc Basnight COUNTY: Dare
LOCATION OF PROJECT: South side US 64/264, Nags Head Causeway, Roanoke Sound
DATE APPLICATION RECEIVED COMPLETE BY FIELD: April 8, 1996
FIELD RECOMMENDATION: Attached - No To Be Forwarded - Yes
CONSISTENCY DETERMINATION: Attached - No To Be Forwarded - Yes
FIELD REPRESENTATIVE: Harrell DISTRIC,?N-'OPVjCV:, abeth City
DISTRICT MANAGER REVIEW:
"9ED
B) DATE APPLICATION RECEIVED IN IREC'D: $ aSo. OCR
PUBLIC NOTICE REC'D: DATE:
ADJ. RIP. PROP NOTICES REC'D: REC'D:
APPLICATION ASSIGNED TO: ON: A - \ \ -�\ b
C)
75 DAY DEADLINE: 150 DAY DEADLINE:
MAIL OUT DATE: _ L ' % 6 STATE DUE DATE:
FEDERAL DUE DATE: s_ 1 - �`/ FED. COMMENTS REC'D:
PERMIT FINAL ACTION: ISSUEy DENY DRAFT ON -i5-- $ 9
AGENCY
DATE COMMENTS
RETURNED///���/
OBJECTIONS
YES NO
NOTES
Coastal Management Dist. taa.Qoffice
Div. of Community Assistance
II-
- 11
4 —ql
Land Quality Section
— / lj — q /
Div. of Env. Management�Y
State Property Office
Div. of Archives & History
Div. of Env. Health
Div. of Highways
Wildlife Resources Commission
Div. of Water Resources
Div. of Marine Fisheries
- 7�

J State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
MEMORANDUM:
TO: John Parker
FROM: Ed Harrell
[DEHNFR
SUBJECT: Recommendations for Marc Basnight Major CAMA Permit Application
DATE: May 1, 1996
I recommend that the permit be issued for the construction of a 6' x 98' pier with a 495
square foot platform, four crab shedders, six boat slips and a 5' x 26' rock breakwater under
the 6' x 30' "L" located at the waterward end of the pier with the following conditions:
Pier and Covered Platform
1) The pier and covered platform shall have a minimum setback distance of 15'
between any parts of the structure and the adjacent property lines as extended
perpendicular to the channel into the water at the points where they intersect the
shoreline.
1 2) The covered platform shall not be enclosed.
3 3) The authorized structure and associated activity must not cause an unacceptable
interference with navigation.
Rock Breakwater
x4) The proposed 5' x 26' rock breakwater must be found to be of a size/scale that
will not be precedent - setting and otherwise meet requirements of NCAC T15.
07H.0200 The Estuarine System.
General Notes "
5) No vegetated wetlands will be excavated or filled. ~ MA,�j£ vE�
�A(9g6 Y
1367 U.S. 17 South, Elizabeth City, North Carollno 27909 Telephone [phone] FAX 919-2' A mi co
An Equal Opportunity Afflrmative Action Employer 50% recycled/ 10%post-c umer paper
1-

..r
+ y �
John Parker
May 1, 1996
Page Two
6) No attempt will be made by the permittee to prevent the full and free use by the
public of all navigable waters at or adjacent the authorized work. Use of the
permitted activity must not interfere with the public's right to free navigation on
all navigable waters of the United States.
7) The permittee will 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 permittee activity without having
the permit transferred to a third party.

s
;�
.,
.._
.
_ _
,�
�:
...
,,
:�
--._
��
.
�:.
-
•
_
-„
�_
r.
..
_,

State of North Carolina
Department of Environment,
Health and Natural Resources •
Division of Coastal Management
AWN40000manow ;, a
James B. Hunt, Jr., Governor p E H N FR Jonathan B. Howes, Secretary
Roger N. Schecter, Director
MEMORANDUM:
TO: John Parker
FROM: Ed Harrell
SUBJECT: Marc Basnight Major Permit Nags Head Land Use Plan Consistency Review
DATE: May 1, 1996
This project involves the construction of a 6' x 98' pier with a 496 square foot covered
platform, four crab shedders and six boat slips. A 5' x 26' rock breakwater is proposed under
the 6' x 30' "L" located at the waterward end of the pier.
The project is proposed within Estuarine and Public Trust Waters, which the Town of
Nags Head includes in the conservation class (subclass E-2). The purpose of this class "is to
provide for the effective long term management and protection of significant, limited or
irreplaceable resource areas". Uses within those areas are "limited to those allowed by the
Zoning Ordinance at the time of consideration of the proposed use" (Chapter 20, pg. 85).
The Town's plan also states "It is the goal of Nags Head to permit commercial and other
uses which provide residents and visitors with adequate services and amenities necessary for the
Town to maintain its self-sufficiency" (Chapter 9, pg. 46).
One of the types of development the Town considers undesirable and which "will not be
permitted" is a "large (more than ten boats) commercial boat marina" (Chapter 1, pg. 2).
Based on the above, so long as the project is allowed by the Zoning Ordinance at the
time of consideration, is of such scale that it does not constitute a large commercial boat marina
and provides an amenity and service which helps the Town maintain self-sufficiency, this project
will be consistent with the Nags Head Land Use Plan.
cc: Bruce Bortz
File
1367 U.S. 17 South. Elizabeth City, North Carolina 27909 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50%recycled/ 10% post -consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources •
Division of Coastal Management James B. Hunt, Jr., Governor �M �'�EL
Jonathan B. Howes, Secretary ID E H N R
Roger N. Schecter, Director
April 12 1996
MEMORANDUM
TO: Mr. Charles R. Fullwood, Jr., Director
Wildlife Resources Commission
Attn: Habitat Conservation Program
FROM: John Parker, Jr.
Major Permits Processing Coordinator
SUBJECT: C REDGE & FILL Permit Application Review
APPLICANT: M Basnight
PROJECT LOCATION: S. side of US Hwy. 64/264, on causeway in Nags Head, Dare Co.
ROPOSED PROJECT: To construct a pier with covered platform, crab shedders, etc.
Please indicate below your agency's position or viewpoint on the proposed and return this form by
May 3, 1996. If you have any questions regarding the proposed project, please contact John Parker
at 733-2293. When appropriate, in-depth comments with supporting data are requested.
REPLY This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project, only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in thg,�a 1 d
%� comments. 1G
Signed Wa �ad� rc.AJ ice, Ceo,&s6� Date - F s
-
o R�Q
2
May 21, 1993
pP�CoPS�t
tO *P-
W `?
P.O. Box 27687, N7� FAX [phone] _9
Raleigh, North Carolina 27611-7687 1, An Equal Opportunity/Affirmative Action Employer
Voice 919-733-2293 50% recycled/ 10% post -consumer paper

® North Carolina Wildlife Resources Commission KN
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: John R. Parker, Jr., Coordinator
Major Permits Processing Section
Division of Coastal Management, DEHNR
FROM: WL William Wescott, Coastal Coordinator
Habitat Conservation Section
DATE: April 26, 1996
SUBJECT: CAMA/Dredge and Fill Permit Application for Marc Basnight, Lone Cedar Cafe,
Nags Head Causeway, Dare County.
Biologists on the Wildlife Resources Commission staff have reviewed this permit
application and are familiar with habitat values of the project area. A site visit was conducted on
April 19, 1996. Our comments are provided in accordance with provisions of the Coastal Area
Management Act (G.S. 113A-100 through I I3A-128), as amended, and the Fish and Wildlife
Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.).
The applicant proposes to construct a 6 ft. x 98 ft. pier with a 496 ft2 covered platform,
four crab shedders and six boat slips. A 5 ft. x 26 ft. rock breakwater is proposed under the 6 ft.
x 30 ft. "L" located at the waterward end of the pier. Waters at the site are classified as SA but
are closed to shellfish harvest.
The project is located in a protected shallow water bay on the east side of Roanoke
Sound. We do not have any comments regarding the pier, crab shedders, or boat slips but the
need for a breakwater is unclear especially in a naturally protected bay. Waters at the site are
estuarine therefore, we will support any decision and comments made by the Division of Marine
Fisheries.
We appreciate the opportunity to review and comment of this project. If you need further
assistance or additional information, please contact William Wescott at [phone].
cc: Chad Thomas, District 1 Fisheries Biologist

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
MEMORANDUM
TO:
FROM:
SUBJECT:
Applicant:
RECEIVED
APR 1S1"6
ENVIRONMENTALSCIENCES April 8, 1996
"Ory
Mr. A. Preston Howard, Director
Division of Environmental Management
John R. Parker, Jr.
Major Permits Processing Coordinator
1, •�'
��—�
1DEHNFR
DREDGE & FILL Permit Application Review
Ma Basnight.
RECE
WASH N TONE OFFICE
APR 1 1 1996
Project Location: South side of US Hwy 64/24, Nags Head Causeway, Dare County, Roanoke
Sound
Proposed Project: Construct a 6' x 98' pier with a 6' x30' "L", 4 crab shedders, 6
boat slips, and a 5' x 26' rock breakwater under the "L".
Please indicate below your agency's position or viewpoint on the proposed project and
return this form by April 29, 1996. If you have any questions regarding the proposed
project, please contact M. Edward Harrell at [phone]. When appropriate, in-
depth comments with supporting data is requested.
REPLY "" /�, This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the
attached comments.
Signed /j ► Date %5 b
t -4— i
\ tWb 102
iw
PpRgOP$�p�'
�pNp,O
1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Telephone [phone] FAX
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
April 17, 1996
Dare County
DEM Project N 900348
APPROVAL of 401 Water Quality Certification
Mr. Marc Basnight
Hwy 64/264
Nags Head, NC 27959
Dear Mr. BasnighC
You have our approval to place fill material in 125 square feet of waters for the purpose of
constructing a pier and breakwater at the causeway in Nags Head, as you described in your
application dated 11 April 1996. After reviewing your application, we have decided that this fill is
covered by General Water Quality Certification Number 3025.
This approval is only valid 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.
For this approval to be valid, you must follow the conditions listed in the attached certification. In
addition, you should get any other federal, state or local permits before you go ahead with your
project.
If you do not accept any of the conditions of this certification, 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, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and
its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Environmental Management under Section
401 of the Clean Water Act. If you have any questions, please telephone John Domey at 919-733-
1786.
Sincerely,
} !CMANAGEMENT
eston Howard, Jr. P.E. ,Attachment cc: Wilmington District Corps of Engineers to Corps of Engineers Washington Field Office
Washington DEM Regional Office
Mr. John Domey
Central Files
CA
John Parker; DCM
900348.1tr
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity All irmative Action Employer - 50% recycled/10% post consumer paper

% State of North Carolina
r Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
April 8, 1996
TO: Mr. Bruce L. Freeman, Director
Division of Marine Fisheries
FROM: John R. Parker, Jr.
Major Permits Processing Coordinator
[DEHNFR
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Ma Basnight
Project Location: Sou side of US Hwy 64/264, Nags Head Causeway, Dare County,
Roanoke Sound
Proposed Project: Construct a 6' x 98' pier with a 6' x 30' "L", 4 crab shedders, 6
boat slips, and a 5' x 26' rock breakwater under the "L".
Please indicate below your agency's position or viewpoint on the proposed project and
return this form by April 29, 1996. If you have any questions regarding the proposed
project, please contact M. Edward Harrell at [phone], When appropriate, in-
depth comments with supporting data is requested.
REPLY �+ V This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the
attached comments.
Signe�/Vi-� Date 4,k`l0
1367 U.S. 17 South. Elizabeth City, North Carolina 27909 Telephone [phone] FAX [phone]
An Equal Opportunity Af irmafive Action Employer 50% recycled/ 10%post-consumer paper

�• State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Marine Fisheries
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Bruce L. Freeman, Director
MEMORANDUM
A 3
74J;7A
i -
Fl
18 April 1996
TO: John R. Parker, Jr. DCM Major Permits Processing Coordinator
FROM: P.A. Wojciechowski '
SUBJECT: CAMA/DREDGE & FILL Permit Application
Marc Basnight
Attached is the Division's reply for the above referenced project. If you have any
questions, please don't hesitate to contact me.
PAW/bc
PECrIVEO
APR 24 L%%
COASfA_
MANAGEWNT
P.O. Box 769, Morehead City, North Carolina 28557-0769 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
April 12, 1996
MEMORANDUM
TO: Mr. Larry R. Goode, Phd., P.E.
Highway Administrator
Division of Highways
FROM: John Parker, Jr.
Major Permits Processing Coordinator
A
!"
EDEHNR
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
RECEIVED
APR 221996
COASTAL
MANAGEMENT
APPLICANT: M c B fight k g 5
PROJECT LOCATION: S. -side of US Hwy. 64/264, on causeway in Hags, Head, Dare Co.
PROPOSED PROJECT: To construct a pier with covered platform, crab shedders, etc.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by May 3, 1996. If you have any questions regarding the proposed project, please contact John
Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested.
REPLY This agency has no objection to the project as proposed.
\ This agency has no comment on the proposed project.
This agency approves of the project, only if the recommended changes are
incorporated. See attached.
This agenc objects to
comments.
Signed (7C/
the project for reasons described in the attached
Date 9C
P.O. Box 27667, 7�FAX [phone]
C An Equal Opportunity/Affirmative Action Employer
Raleigh, North Carolina 27611-7687 Nr
Voice 919-733-2293 50% recycled/10% post -consumer paper

State of North Carolina
Department of Environment, FIWA
Health and Natural Resources &ja
Division of Coastal Management
James B. Hunt, Jr., Governor p E H N FR
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
April 8, 1996 --(
CD q p� ICE)(/�ro
MEMORANDUM MgNOq.Sq�996
TO: Mr. Robert E. Chandler, Director �144),
Division of Community Assistance V' /
FROM: John R. Parker, Jr.
Major Permits Processing Coordinator
SUBJECT: C DGE & FILL Permit Application Review
Applicant: Ma Bas ight
Project Location: South side of US Hwy 64/264, Nags Head Causeway, Dare County,
Roanoke Sound
Proposed Project: Construct a 6' x 98' pier with a 6' x30' "L", 4 crab shedders, 6
boat slips, and a 5' x 26' rock breakwater under the "L".
Please indicate below your agency's position or viewpoint on the proposed project and
return this form by April 29, 1996. If you have any questions regarding the proposed
project, please contact M. Edward Harrell at [phone]. when appropriate, in-
depth comments with supporting data is requested.
REPLY --t'� This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
AThis agency objects to the project for reasons described in the
attached comments.
Signed Date
1367 U.S. 17 South. Elizabeth City. North Carolina 27909 Telephone [phone] FAX [phone]
An Equal Opportunity AflirmatNe Action Employer 50%recycled/ 10%post-consumer paper

State of North Carolina111
Department of Environment, ILFWA
Health and Natural Resources • r
Division of Coastal Management 4&71
oft OM
James B. Hunt, Jr., Governor p E H N FR
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
April 8, 1996
MEMORANDUM
TO: Mr. Charles Gardner, Director
Division of Land Resources
FROM: John R. Parker, Jr.
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: M c Basnight
Project Locatio • South side of US Hwy 64/264, Nags Head Causeway, Dare County,
anoke Sound
Proposed Project: Construct a 6' x 98' pier with a 6' x30' "L", 4 crab shedders, 6
boat slips, and a 5' x 26' rock breakwater under the "L".
Please indicate below your agency's position or viewpoint on the proposed project and
return this form by April 29, 1996. If you have any questions regarding the proposed
project, please contact M. Edward Harrell at [phone]. When appropriate, in-
depth comments with supporting data is requested.
REPLYThis agency has no objection to the project as proposed.
+ This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the
ttached comm ts.
Signed L��' ^j', ate
C(C 1Vq N99g
QPM p EMENS
1367 U.S. 17 South. Elizabeth City. North Carolina 27909 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
April 12, 1996
MEMORANDUM
TO: Ms. Renee Gledhill -Early
Environmental Review Coordinator
Division of Archives and History
FROM: John Parker, Jr.
Major Permits Processing Coordinator
IDEHNFR
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
APPLICANT: M e Basnight
PROJECT LOCATION: S. side of US Hwy. 64/264, on causeway in Hags Head, Dare Co.
PROPOSED PROJECT: To construct a pier with covered platform, crab shedders, etc.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by May 3, 19%. If you have any questions regarding the proposed project, please contact John
Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested.
REPLY This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project, only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
�1
SignedL g� Date Z RECEIVEQ
4PR29 1996
l 4
P.O. Box 27687, N7`�C FAX [phone]CA
Raleigh, North Carolina 27611-7687 1, Dyer
An Equal FAX
Voice 919-733-2293 50% recycled/10% post -consumer paper

WII
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
April 12 1996
MEMORANDUM
TO: Mr. Joe Henderson, Acting Director
State Property Office
Department of Administration
FROM:
SUBJECT:
John Parker, Jr.
Major Permits Processing Coordinator
A*W-% AOM% woo
IDEHNR
CAMA/DREDGE & FILL Permit Application Review
~RE vE0
MAY 1.996
PIl % Guilvll'
APPLICANT: Marc Basnight
PROJECT LOCATION: S. side of US Hwy. 64/264, on causeway in Nags Head, Dare Co.
PROPOSED PROJECT: To construct a pier with covered platform, crab shedders, etc.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by May 3, 1996. If you have any questions regarding the proposed project, please contact John
Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested.
REPLY This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project, only if the recommended changes, are
incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
Datb-a—`� (o
1 ♦ . �- : A ,
P.O. Box 27687,
Raleigh, North Carolina 27611-7687
Voice 919-733-2293
FAX [phone]
An Equal Opportunity/Afflrmattve Action Employer
50% recycled/10% post -consumer paper

State of o Carolina
/Depart n of Environment,
Health a d atural Resources
Division of stal Management
zk, James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
April 12, 1996
MEMORANDUM
TO: Ms. Linda Sewall, Director
Division of Environmental Health
FROM: John Parker, Jr.
Major Permits Processing Coordinator
1 A Yja
1DEHNFR
DIV. OF ENR LN&E. 741 E D
MAY IS ic?6
SUBJECT: CAMA/DREDGE &:FILL Permit Applicationiteview#l�BN1J{fiVTAL HEALTH)
APPLICANT: Marc Basnight
PROJECT LOCATION: S. side of US Hwy. 64/264, on causeway in Nags Head, Dare Co.
PROPOSED PROJECT: To construct a pier with covered platform, crab shedders, etc.
Please indicate below your agency's position or viewpoint on the proposed project and
by May 3, 1996. If you have any questions regarding the proposed project, ple,
Parker at 733-2293. When appropriate, in-depth comments with supporting data ari
REPLY This agency has no objection to the project as prop se
tiaP�p
This agency has no comment on the proposed project. �
L� 9
This agency approves of the project, only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
Signed �/� ,/ �tG Date 2�
P.O. Box 27687, Ni
FAX [phone]
Raleigh, North Carolina 27611-7687 �.C An Equal Opportunity/Affirmative Action Employer
Voice 919-733-2293 50% recycled/100/ post -consumer paper

,W
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
April 12, 1996
1 § 11._ \ 1 IMI
TO: Mr. John Sutherland, Chief
Water Planning Section
Division of Water Resources
Zlw
1t M
IDEHNR
am
pMSV40FWATEKKc 1�41�
FROM: John Parker, Jr. RFCO E9
Major Permits Processing Coordinator CO) ,ftMlll5 g926
SUBJECT: CAMA/DREDGE &FILL Permit Application Review rA TAANAGEVEN,T
APPLICANT: Marc Basnight 1 9
PROJECT LOCATION: S. side of US Hwy. 64/264, on causeway in Nags Head, Dare Co.
PROPOSED PROJECT: To construct a pier with covered platform, crab shedders, etc.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by May 3, 1996. If you have any questions regarding the proposed project, please contact John
Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested.
REPLY This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project, only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
Signed Date � f
P.O. Box 27687, N'�Nl� FAX [phone]
Raleigh, North Carolina 27611-7687 1, �� An Equal Opportunity/Affirmative Action Employer
Voice 919-733-2293 50% recycled/10% post -consumer paper

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Marc Basnight
2. LOCATION OF PROJECT SITE: South side of US Highway 64/264, on causeway in Nags Head,
Dare County adjacent Roanoke Sound
Photo Index - 1989: 150-1 I-J-K 6/7 1984: 139-475 T-U-V 2/3
State Plane Coordinates - X: 3003600 Y: 799500
3. INVESTIGATION TYPE: CAMA/D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - April 1, 1996
Was Applicant Present - Yes
5. PROCESSING PROCEDURE: Application Received - April 8, 1996
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Town of Nags Head
Land Classification From LUP - Conservation
(B) AEC(s) Involved: ES, EW, PT
(C) Water Dependent: Yes
(D) Intended Use: Commercial
(E) Wastewater Treatment: Existing - On -site septic
Planned - N/A
(F) Type of Structures: Existing - Restaurant, parking, protective riprap
Planned - 98' long commercial pier, 5' x 26' breakwater, 6 boat slips
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED
OTHER
(A) Vegetated Wetlands
(B) Non -Vegetated Wetlands
Shallow Water Habitat
125 sq. ft.
Shaded
731 sq. ft.
(C) Other
(D) Total Area Disturbed: 856 sq. ft. (0.02 acre)
(E) Primary Nursery Area: No
(F) Water Classification: SA Open: No
8. PROJECT SUMMARY: Applicant proposes to construct a 6' x 98' pier with a 496 square foot
covered platform, 4 crab shedders and six boat slips. A 5' x 26' rock breakwater is proposed under
the 6' x 30' "L" located at the waterward end of the pier.

Marc & Carolyn Basnight
Bio Report
Page Two
Site Description
Marc and Carolyn Basnight have recently acquired a 1.5 acre restaurant site on the
south side of US Highway 64/264 on the causeway in Nags Head, Dare County adjacent
Roanoke Sound. The triangular shaped parcel fronts US 64/264 for 425 feet and runs
approximately 450 linear feet along the shoreline of the sound. Roanoke Sound is classified
SA waters by the NC Division of Environmental Management. The property is
approximately 4' above NWL with a 150 seat restaurant and 62 asphalt parking spaces. In
1981, the Daniels Restaurant building was substantially enlarged and approximately 28
parking spaces were added. Recent changes by current owners, include a 16' x 24' office
addition and approximately 500 square feet of new decking as authorized by CAMA Minor
Development Permit #96-001 issued January 16, 1996. The present owners removed solid
surfacing in the form of poured concrete tailings from approximately 5,000 square feet of
area along the shoreline. They subsequently installed 300 linear feet of concrete riprap a
maximum distance of 5' waterward of the NWL as authorized by CAMA General Permit
#015023A, issued February 9, 1996.
Proposed Development
The applicants propose to construct a 6' x 98' pier with 496 square feet of covered
platform and 6 boat slips. Four crab shedders are proposed on the eastern side of the
platform. A 5' x 26' rock breakwater is to be constructed under the 6' x 30' "L" located at
the waterward end of the pier, in approximately 3 feet of water. The pier is approximately
20' from the western neighbor's riparian access corridor. No associated highground
development is proposed.
Anticinated Impact
The construction of a 5' wide x 26' long breakwater will fill 125 square feet of shallow
water habitat. An additional 731 square feet of shallow water habitat will be shaded by the
98' long pier. Some short term turbidity will occur during installation of the breakwater,
pier pilings and 5 mooring pilings.
No archeological/historical significance has been associated with this site. No unique
remnant species or geological formations are know to exist within the project area.
Submitted by: M. Edward Harrell
Date: April 8, 1996

IP,
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
WW�-WA `V
TO:
FROM:
SUBJECT:
April 29, 1996
P. A. "Ski" Wojciechowski
Division of Marine Fisheries
John Parker
Major Permits Processing Coordinator
1' •�'
EDEHNFR
CANL /Dredge and Fill Permit Application Review
[:
E
DW-PUB. TUSUBLANDS
APPLICANT: Marc Basnight 1rj
PROJECT LOCATION: S. Side of US Hwy. 64/264, Nags Head, Dare Co.
PROPOSED PROJECT: To construct a pier w/platform, etc.
'yR£C I EO
M f996
NT
Please indicate below your agency's position or findings on the proposed project as it relates to
matters of public trust. If you have any questions regarding the proposed project, contact John
Parker at 733-2293 or the DCM field representative for the project. This form should be used only
for tracking and intra-agency commenting.
REPLY C, There are no known public trust conflicts with the project location or design.
There appear to be public trust conflicts that require additional investigation.
Approximately _ days additional review time is needed.
It is recommended that changes be made to the project to reduce or eliminate
public trust conflicts, as discussed in the attached memo.
i
Signed Date f
P.O. Box 27687, MAw"'CAn
FAX [phone]
Raleigh, North Carolina 27611-7687 Equal Opportunity/Affirmative Action Employer
Voice 919-733-2293 50% recycled/10% posRconsumer paper

-- -FFIi .q5. - _
0g. 014,1.9. 1.3: 42
REPLY TL
Ai ENT!ON OF
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEEAS
P.O. BOX 1890
WILMI NORTH OAROLINA 28402.1890
May 9, 1996
Action ID No. 199601580
Mr. Sohn Parker
Division of Coastal Management
North Carolina Department of Environment,
Health, and Natural Resources
Post Office Sox. 27667
Raleigh, North Carolina 27611-7687
Dear Mr. Parker;
atxT n✓,�
o
Reference tY:e application of Marc Sasnight for a Department of the
permit to C -truct a pier, covered platform, sip: boatslips, an,? :an
offshore rock bz ..,,tier, on proper• 'ocated off the s"th side of '1-.5.
Highway 64%264, -_nt the Nags Causeway and the Roanoke Sound, D--_
County, North Caro. -a.
Thv Federal agencies have completed review of the proposal as
+pplicati'r =^,:I your field investigation renort-
recos�c. - -.'_lowing c ndition(s) he inolt:ded in the State
Latlon'
1. All WOLF b/ this permit muse strict
ance with r?; ,relit plans.
... :he tempurary p_acerre t or do,.]ble handliny -
_ .-ithln watars e�' ,fated .r:tlands is no,
iprap matc:.:a. will be clean and free of any p311utan-2
ties. _ _ ma er�3is,- or r
4. 'In,. ...thorized structure and associated activlty grill
inac.eptahl= interference with navigation.
or comments may be addressed to Mr. aleigh 31 z::. 1._. "rrn:;.
Regui Id -'ffice=elephone i919)975-7616,-.,-ar:^ion 23. _
Sincerely'
Ral� 31x B?_, ?_A7.S.
Reg,.: Itoxy jest i✓.anag..r

,!,,--�f Ryfl WASHIHGTON 05.09.1996 10: 38
PROTECT MANAGER NAME: Ulrr .ycty�
1., c ON ID:
2. INIIIAL DATA ENTRY
,AUTHORrrY: (CIRCLE APPLICABLE OONE(S/jJ&:10 404 j
APPLICATION DATED: 5- /' i Q_.�-
le
DATE A MON IN[TTALLY P-
ALLY ): �}_ll '✓/0 /
CURRPIT[T ACTION TYPE:
Q r-uND£D PROTECT USE: (CMCLE ONE: COMMERCIAL, ATE SPATE. FEDMUT, COUNT. CRT. OTHER)
a
MMI-W M�
S. PROJECT LOCATION ENTRY:
CITY:
COUNTY:
SUBDIVMION:
SPATE: NC
6. PROTECT WATERWAY ENTRY:
RIVER BASIN:
CONTRACT0R1AaEN-r;
CRY: �.� ----- -- -
STATE: .ZIPCODE: ry
PHONE: 4 �- .3--5 9�a
.. .
sm l
SITE 2
WXYE"RWAY: �v`�`•"-�.�rn"ii...� vt�c-ram __—
& ACTION STATUS
STATUS CODE(m):
DATE STATUS BEGUN:
ti_vEi'L.9rrrJ IMPACT ACER.aGFS .�/ f
CHEM ONE: STANDARD PERMITS REGIONAL PPAMTT NATIONWIDE PERMTT
NON -TIDAL
REQUESTED . {�
PERA4TTE0
a1'(IIGATED
ENFORCEIMM VIOLATION
RFSJOR.F3I
HOTLY: (YIN) ARE THOE ANY PREVVIOUS LETTPYS ON SAME S=
IS THERE AN AGEN"7 CO-APPLICA., rs? ADJACENT PROPMrY OWNERS?
P.02
R& M20 12/15M

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS O•
P.O. BOX 1880 5
WILMINGTON, NORTH CAROLINA 28402-1890'�
REPLY TO
ATTENTION OF lAi
Regulatory Branch
Action ID. m b O I S 9O Applicant Marc Qhsh10h I
Waterway RrlG y1D t Souh(� County Date, Type Work P1 Or UKV Sli�Sl
Mr. Larry Hardy �Yu�41a P.Y
National Marine Fisheries Division of Coastal Management
Service, NOAA
Pivers Island
Beaufort, North Carolina 28516
Fish and Wildlife Enhancement
U. S.Fish and Wildlife Service
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Thomas Welborn, Chief
Wetlands Regulatory Section -Region IV
Wetlands, Oceans and Watersheds Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Gentlemen:
North Carolina Department of
Environment. Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
my. WC%4�
Regional Office
Division of Coasidl Management
North Carolina Department of
Environment, Heallth and
Natural Resources
13 S -1 5qA
E ' e ( a--1901.
Pursuant to Action ID No. 198000291, the CAMA-Corps general permit/processing
agreement, a State Field Investigation Report is enclosed. Yo nts d/or
recommendations would be appreciated on or before 0
Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory
Field Office, telephone [phone], extension 23.
Sincerely, CAPR.121996
lei Band Regulatory Project Manager
Enclosure

�: � FCEIVED
�ar,t 6
9y
� ��,
r DANIELS SEAFOOD RESTAURANT ;a* <. i.
NAGS HEAD CAUSEWAY - U. S. HIGHWAY 64 - 264 "
NAGS HEAD, NAGS HEAD TOWNSHIP, DARE COUNTY, N. C.
BEGINNING at a concrete monument located in the South right-of-way
lines of U.S. Highway 64 - 264, said highway having a right=of=way
'i of 90 feet, said concrete monument also being the Northeast corner
t of the now or formerly R. D. Edwards property (said beginning point
being located North 68 degrees 43' 35" East a distance of 1,1067.8
feet from a N.C.G.S. monument "Daniels" Northeast corner of bridge
parapet wall of the Melvin R. Daniels, Sr., Bridge, as said bridge
existed on May 2, 1984); running thence and along the South right-
of-way line of U. S. Highway 64 - 264 North 65 degrees 30' East a
distance of 425.0 feet to an existing concrete monument being the
Northwest corner of the now or formerly Morgan property; running
thence South 24 degrees 30' East through an existing concrete
monument and along the West line of the Morgan property a distance
of 70 feet, more or less, to the shores of the Roanoke Sound;
running thence in a general Southwestwardly direction and along the
shoreline of the Roanoke Sound and concrete rip rap a distance of
450 feet, more or less, to the Southeast corner of the now or
formerly R. D. Edward property (a straight tie line being South 46
degrees 19' West 412.54 feet -to a point and North 55 degrees 14'
West a distance of 69.19 feet to an iron pipe set in concrete);
running thence and along the East line of the Edwards property
North 24 degrees 30' West a distance of 171 feet, more or less, to
a concrete monument, BEING THE POINT AND PLACE OF BEGINNING,
together with all water and riparian rights running with or
connected to the title of said property in and to Roanoke Sound.
'The property herein conveyed being the premises of Daniels'''Seafood
Restaurant and being bounded on the North by U. S. Highway 64 -
264; on the East by the now or former Morgan property; on the South
by Roanoke Sound and on the West by the now or former R. D. Edwards
property. This being the identical property as described in a
certain Warranty Deed dated March 22, 1979, and recorded in Deed
Book 276 on Page 554 from Basil R. Daniels, Jr., and wife, Beulah
A. Daniels to Frieda W. Holmes; a certain Warranty Deed Dated
October 9, 1979, and recorded in Deed Book 289 on Page 77 from
Spruill Oil Co., Inc., to Frieda W. Holmes; and a certain Warranty
Deed dated April 24, 1981, and recorded in Deed Book 310, on Page
645 from Alan R. Meyers, et ux and Richard J. Greene, et ux to
Frieda W. Holmes, now duly recorded in the Office of the Register
of Deeds of Dare County, North Carolina, which deeds are by
reference incorporated and expressly made a part hereof as if
hereto attached or herein copied word for word for a more
Particular description and chain of title to the property herein
conveyed.
This property being described and delineated on a plat prepared by
Wesley M. Meekins, Jr., Register Land Surveyor, entitled "Job No.
NAG-445-84, Survey of Daniels Restaurant, dated May 2, 1984," which
plat is recorded in Deed Book 369 at Page 787 of the Dare County
Registry and is by reference incorporated and expressly made a part
hereof for a more particular description, location and metes and
bounds of the property herein conveyed.
Together with all the -furniture, fixtures, equipment, appliances
and all other personal property of every kind, nature and
description now situate in, on, around or connected with the
premises or property hereinabove described or used in the operation
thereof,? together with the name and goodwill of Daniels Restaurant
or Daniels Seafood Restaurant as a going business or concern.

'ii .•n ":::p:'
`i�ke
Book Pase
10-27 0551
The property hereinabove described was acquired by Grantor by instrument recorded In
_....Dee..... ok ... 369 at Page.,.784,.,as recorded in the Dare county„Registry .........................
A map showing the above described property Is recorded in YpyBook •369 page .787
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to
the Grantee in fee simple.
And the Grantor covenants with the Grantee; that Grantor Is seized of the premises In fee simple, has the right to convey
the same in fee simple, that title Is marketable and free and clear of all encumbrances, and that Grantor will warrant and
defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated.
Title to the property hereinabove described Is subject to the following exceptions:
Any easements, rights -of -way and restrictions of record.
IN WITNESS WHEREOF, the Grant., be, hereunto at his hand and seal• or If corporate, has closed this Instrument to be signed In Its
eor"Mit nova by its duty authoeb<d .(Ilc<n
wd
above Written. and Its .,ad to be hereunto a(fl.ed by authority of It, Rd
... of Director,, the day and year first
(Corporate Name)
-------------------------------------------------------------- (SEAL)
,y
� ,1_'
er: i'.
•Mac
I4
o
_
Edwa - Mi
------------------------------------------------------------- (SEAL)
ST:
_
U
g' ______________ __________________ _____________________________(SEAL)
Louise - filler
-----------•---------------SeeretarY (Corporate Be.n
,`1_------------------------------------------------------------- (SEAL)
ks� NORTH CAROLINA_.................................. County.
A I, A Notary Public of the County
IP �
and State aforesaid, certify that _______ter,
y �o SEA t
y--------------------------•-----
-----•----•------._.--- Grantor,
Personally appealed lief... me this
day and acknowledged the execution of the foregoing Instrument. Witness my
p hand and official stamp or seat. this
________ day of
19
MY commisslon expires_
Notary Public
isllr. P Lf]�,."P NORTH CAROLINA- -------P-11 ................ _County.
7
.•� ,. :.�,�,/l���J� L . Personally
Pnhu, or the thinly .na state afoaeaged seat that -_ Louise i1W = Miller
u Der y came before me this dayand acknowl<dged that __$_ he Is ______________•_ Secretary NEY----- T CO_RP_ OR_ ATI ON slags f
N taq o
orth
a corporation, and
4 given and sa the •act of the eorphntloo, the foleihing loatru a tawun Ianea In It. name 9altaY authority duly
President, seated with Its corporate led and altoled by ' �-._her... .. Il-....................... Secretary.
Secretary.
a
Witness mY hand and official .lame oe led, sole _ O-_a., of ___Janus. _--••
(t y)���
11 ply commission saps re.: ..f
_ �44(4- 2 1/ 1O _____-•--- /a{, � �,
N to Y P pne
Th.iolf t C tl(Icrt ()) Of llf n I
------------------ r„>✓��L,- uotu.-_crr--_t.�zrim__Cfarol�nu----cis
---------- ---- -----
----------------"--�ftY2 -
------------------------ ---------------------- Is/are g.certified to he eorreet. ThisInstrument and lob c
flr.t Date heernflcste are duly teglste,ed at the date and time and In the Doak and Page shown an the
try 7iCLV
-•--__.____ _REGISTER OF DEEDS iOR_.. _____
..............COUNTY
_-_.Depuly,,AsalYava—'Reilaer of Deed,
N C gar Assn. Form No 7 e 1916. Revised 1977
Printed by Agreement with die N.C. Bar Awn. Poole Printing Co. Inc. P.O. Boa 58017, RalelgR N C. 276M

a
• aunt
RECEINFn
couarr nc
n.n
00'00
APR 8 199dook Face
'
Re
I Estate10n
_
065 .
it
( EX
Ise TAX
FILED
aum Fc
01/101% 11:57 AM
DORRIS A. FRY
Register Of Deeds
Do�ctmrrle��1n�t� t
Excise T t I 100-c
RaOrding Time, nook and Page
' %
Tax Lot No. .... l ...... . Parcel Identifier No. 14070906394643
i
Verified b..... ""
r , .. ......, r-...,.....:... l t Couhtt. on the
VUl'a`rT1. li /.
__-..
day of ......... 19.
..
by............. 00,.......... ....i . .. _ _ .............................
......... ......... ........_
:t
•:,�
Mail after recording to ........ Christopher..L.....Seawe.1.l.............................................................................................................
•
....'.....:............. Post ... ffice.. Box...33.9,. Manteo......
NIZ...... 27954 ........ ....................................................
This instrument was b
prepared r....... Branch ..W.....Vincent.,..III ...................._....................................................................
Brief description for the Index Daniels Seafood Restaurant
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED made this .5th .. day of.. December .__...,
199.31..., by and between
GRANTOR
NEYBRIT CORPORATION, a North Carolina
Corporation
GRANTEE
MARC BASNIGHT AND WIFE, CAROLYN T.
BASNIGHT
381 Mother Vineyard Road
Manteo, North Carolina 27954
Enter In appropriate block for each party: name, address, and, If appropriate, character of entity, e.q, corporation or partnership.
The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and
shall Include singular, plural, masculine, feminine or neuter as required by context.
WiTNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which Is hereby
acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that
certain lot or parcel of land situated in the City of .Nags Head Nags Head .. Township,
Dare County, North Carolina and more particularly described as follows:
Daniels Seafood Restaurant, Nags Head Causeway - U. S. Highway 64-264, Nags
Head, Nags Head Township, Dare County, North Carolina as more frilly described
on an attachment to and by reference incorporated and made a part hereof as
if herein copied word for word for a metes and bounds and more particular
description of said real property.
V.C. 11.1 A..ac Form Nl, a p tali. arrned latl.
Ott
U -C' Po pC/1P,;3 ,
G/ O iG O
P �`\ -C
"W'
,; CQs

�0 �� �� -�
M1
- o SENDER:
^at • Complete hems 1 and/or 2 for additional services.
O • Complete hams 3,� and 4a & b.
• Print your napye and address on the reverse of this form so that we can
return this card to you.
m • Attach this fordt*to the front of the mailpiece, or on the back If
space
mdoes not permit. -
• Write"Return Receipt Requested" on the mailpiece below the article number.
.Z. • The Return Receipt will show to whom the article was delivered and the date
delivered.
3. Article Addressed to:
4 i
0
1
0
a' Ff =Qe Y i CI� 5 KwQCA,I
Se
�e��t
Y41b.
1.
y I 1 LA HS 11- PH i'k
IldCert
IsbLiu
lr0 Bs;uch) F[�PR 2
7. Date
Ir 5. i u ( ddr s 1
B. Addr
and I
6. Signature (Agent)
I also wish to receive the
following services (for an extra
fee): Z
1. ❑ Addressee's Address (on
2. ❑ Restricted Delivery •m
insult postmaster for fee. o
cc
Type m
ed ❑ Insured
❑ COD 5
Mail ❑ Return Receipt for
Merchandise
eliiv'er w
I/ o
e 's Address (Only if requested m
i paid) c
ir-
o: IU
'>,IPS Form 811, December 1991 *U.S. GPO: 1963-352-714' DOMESTIC RETURN RECEIPT
M1 __
v SENDER: �.pnn
» 'Complete items 1 and/or 2 far atlalii services. - -
m • -Complete items 3, and 4a & Q� a O
•. Print your name end address do the re a of this form so that we can
O return this card to you. r
�4jtach this form to the front of t rill ace, or on the beck if space
boas not permit. Z,
y• Write "Return Receipt Requested" on a mailpiece below the article number
• The Return Receipt will show to whom the article was delivered and the date
Cdelivered.
0 3. Article Addressed to: 4a. Artic
E %l 06 I ECI W A S a. Servi
EtVE
H
/002 Ave
R[.0
❑ Registered
6ertified
GLxpress
ry QC`I�l°
It
Mail
7, D IN
Q
I f
/y�fD
5.
Sign fu
e IA r�' ee)
8. ddressee's.
end
-fee is pa
W
6.
Sig
o "—
following service,
fee):
1. ❑ Addressee's Address y
2. ❑ Restricted Delivery •m
Consult postmaster for fee. o
le Zgg,
E
❑ Insured cc
❑ COD c
ElReturn Receipt for OZ
Merchandise
w
0
cress (Only if requested Y
c
-- F
CEIPT

State of North Carolina
Department of Environment, FIWA
Health and Natural Resources 4 •
Division of Coastal Management
James B. Hunt, Jr., Governor [DE H N R
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
April 8, 1996
Mr. Marc Basnight
381 Mother Vineyard Road
Manteo, NC 27954
Dear Mr. Basnight:
The Division of Coastal Management hereby acknowledges receipt of your application
for State approval for development of your property located on the south side of US
Highway 64/264, on the Nags Head Causeway, Dare County adjacent Roanoke Sound. It
was received on April 8, 1996, and appears to be adequate for processing at this time. The
projected deadline for making a decision is June 22, 1996. An additional 75-day review
period is provided by law when such time is necessary to complete the review. If you have
not been notified of a final action by the initial deadline stated above, you should consider
the review period extended. Under those circumstances, this letter will serve as your notice
of an extended review. However, an additional letter will be provided on or about the 75th
day.
NCGS 113A-119(b) requires that Notice of an application be posted at the location of
the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard
which must be posted at the property of your proposed development. You should post this
notice at a conspicuous point along your property where it can be observed from a public
road. Some examples would be: Nailing the notice card to a telephone pole or tree along the
road right-of-way fronting your property; or at a point along the road right-of-way where a
private road would lead one into your property. Failure to post this notice could result in an
incomplete application.
An onsite inspection will be made, and if additional information is required, you will
be contacted by the appropriate State or Federal agency. Please contact me if you have any
1367 U.S. 17 South, Elizabeth City, North Carollrw 27909 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 60% recycled/ 10% post -consumer paper

April 8, 1996
Page #2
questions and notify me in writing if you wish to receive a copy of my field report and/or
comments from reviewing agencies.
Sincerely,
M. Edward Harrell
Field Representative I
MEH/dc
Enclosure
cc: John Parker
Richard L. Watts