20070013 Ver 1_DCM Permit_20070202

Permit Class
NEW
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t~EN 4+~D ~TQR1~~' TAR liRAidCH
Permit Number
5-07
STATE OI+' NORTH CAROLINA
Department of Environment and Natural Resources p,_,T ~
and p~-O~13
Coastal Resources Commission
~~11~.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
Issued to Marc and Carolyn Basnight, 381 Mother Vineyard Rd., Manteo, NC 27954 '
Authorizing development inDare
County at adjacent to Shallowbag_Bay at 381 Mother
Vineyard Rd., Manteo ~ , as requested in the permittee's application dated 12/8/06, including the
attached workplan drawings (3) sheets 1-3 of 3 dated 10/1/06.
This permit, issued on January 24, 2007 , 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.
Excavation
1) Unless specifically altered herein, the dimensions of the area to be excavated shall not exceed 160 in
length by 25 feet in width, all as expressly and specifically set forth in the attached permit application
and workplan drawings. Any proposal to change the area to be excavated shall require permit
modification.
2) Excavation shall not exceed -4.5 feet below the normal water level. In no case shall the depth of
excavation exceed the depth of connecting waters.
3) In order to protect juvenile shrimp and finfish populations, no excavation or filling shall be permitted
between February 15 and October 31 of any year without the prior approval of the Division of Coastal
Management, in consultation with the Division of Marine Fisheries.
(See attached sheets for Additional Conditions)
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 shall 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 shall cease when the permit expires on
December 31, 2010
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 DENR and the
Chairman of the Coastal Resources Commission.
~ r±
~, Charles S. Jones, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Marc and Carolyn Basnight Permit # 5-07
Page 2 of 3
ADDITIONAL CONDITIONS
4) No Coastal Wetlands shall be excavated or filled, even temporarily.
5) No excavation shall take place within 10 feet of any Coastal Wetlands.
Spoil Disposal
6) Except as altered herein, all excavated materials shall be confined to the "temporary spoil area"
indicated on the attached• workplan. drawings, and given adequate time to cl~-water. prior to beach
nourishment operations, and be confined behind adequate dikes or other retaining structures to• prevent
spillover of solids into any Coastal Wetlands•or surrounding waters.
7) The temporary spoil disposal area shall be located a minimum of 30 feet from the normal water level.
Sedimentation and Erosion Control
8) 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.). At a minimum, a silt fence shall be properly installed around the spoil
disposal area.
9) With the exception of the Estuarine Beach, all disturbed areas shall be properly graded and provided a
ground cover sufficient to restrain erosion within thirty days of project completion. •
estuarine Beach Nourishment
10) Unless specifically altered herein, this permit authorizes the estuarine beach nourishment activities, all
as expressly and specifically set forth in the permit application and attached workplan drawings. No
section of estuarine beach outside the areas indicated on the attached workplan drawings shall be filled
without permit modification.
11) All fill material shall be clean and free of any pollutants except in trace quantities.
12) Only beach quality sand shall be used for the beach nourishment purposes. Should the nourishment
operations encounter any non-beach compatible sand from the "temporary spoil site," the non-beach
compatible material shall be removed from the site and transported to an appropriate disposal area.
Grain size shall be equal to or larger than that found naturally at the site.
,Jetty and Groin Extensions
13) Unless specifically altered herein, this permit authorizes the 14 feet wide (base width) by 20 feet long
jetty extension, and six groin extensions not to exceed 6 feet wide (base width) and 30 feet long as
measured from the normal water level, all as expressly and specifically set forth in the permit
application.

Marc and Carolyn Basnight
ADDITIOlV'AL CONDITIONS
Permit # 5-07
Page 3 of 3
14) The jetty and groin material shall be free from loose dirt or any pollutant. It shall be of a size sufficient
to prevent its movement from the approved locations by wave or current action. .
15) The jetty and groin material shall consist of clean rock or masonry materials such as but not limited to
granite, marl, or broken concrete.. .
General
16) . 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 shall 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.
17) 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.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that maybe required.
NOTE: Future development of the perlnitt:ee'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 water level.
NOTE: The permittee and/or his contractor is urged to meet with a representative of the Division prior to
project initiation.
NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water
Quality Certification No. 3400 (DWQ Project No. 070013), which was issued on 1116/07.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under General Permit No.
198000291 (COE Action Id. No. SAW-2007-00047-128) which was issued on 1/19/07.