20070013 Ver 1_Approval Letter_20070116

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Marc and Carolyn Basnight
381 Mother Vineyard
Manteo, NC 27954
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
January 16, 2007
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 07-0013
Dare County
Subject Property: Marc Basnight Froperty
Shallowbag Bay [PASS1, 30-21-3, SC]
Approval of 401 Water Quality Certification with Additional Conditions
Dear Sir or Madame:
You have our approval, in accordance with the attached conditions and those listed below, to
dredge 0.0918 acres of non=vegetated wetland, Estuarine Waters/Public Trust Waters, and fill
0.01 acres of non-vegetated wetland, Estuarine Waters/Public Trust Waters, for the purpose of
constructing the proposed jetty and groin extension, and conducting dredging and beach
replenishment at the subject property, as described within your application dated December 8,
2006, and received by the N.C. Division of Water Quality (DWQ) on December 29, 2006. After
reviewing your application, we have determined that the Division of Water Quality (DWQ)
General Water Quality Certification Number 3400 covers these water impacts. This
Certification allows you to General Permit No. 198000291 when issued by the US Army Corps
of Engineers (USAGE). In addition, you should get or otherwise comply with any other federal,
state and local requirements before you go ahead with your project including (but not limited to)
erosion and sediment control regulations and LAMA. 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 1 SO linear feet of stream, compensatory mitigation may
be required as described in 1 SA NCAC 2H .OS06 (h). This approval requires you to follow the
conditions listed in the attached certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
401 Oversight/Express Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] /Internet: http://h2o.enr.state.nc.us/ncwetlands
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An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Marc and Carolyn Basnight
Page 2 of 3
January 16, 2007
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:
Amount A roved Units Plan Location or Reference
Non-vegetated wetland/Estuarine 0.0918 (acres) -dredge DCM Field Investigation Report
Waters/Public Trust Waters
Non-vegetated wetlandlEstuarine 0.01 (acres) -fill DCM Field Investigation Report
Waters/Public Trust Waters
Sediment and Erosion Control:
2. 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. Sufficient materials required for stabilization and/or repair of erosion control
measures and stormwater routing and treatment shall be on site at all times.
3. 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 404/401Permit 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;
4. 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;
5. Protective Fencing -The outside buffer, wetland or water boundary and along the construction
corridor within these boundaries approved under this authorization shall be clearly marked
with orange warning fencing (or similar high visibility material) for the areas that have been
approved to infringe within the buffer, wetland or water prior to any land disturbing activities
to ensure compliance with 15 NCAC 2H, Section .0500;
Certificate of Completion:
6. 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.

Marc and Carolyn Basnlght
Page 3 of 3
January 16, 2007
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 LAMA Permit.
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 stream 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 Cyndi Karoly or Ian McMillan in the
Central Office in Raleigh at 919-733-1786 or Kyle Barnes, in the DWQ Washington Regional
Office at 252-946-6481.
Since
Alan W. Klimek, P.E.
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Enclosures: GC 3400
Certification of Completion
cc: Doug Huggett, DC1VI
USACE Washington Regulatory Field Office
Kyle Barnes, DWQ Washington Regional Office
File Copy
Central Files
Mike Street, P.O. Box 769, Morehead City, NC 27557
Filename: 070013MarcBasnight(Dare)401_CAMA