20042024 Ver 1_Complete File_20041221

t7
WA?F9
QG
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
January 18, 2005
Marc and Carolyn Basnight
7623 Virginia Dare Trail
Nags Head, NC, 27959
Subject Property: 7623 S. Virginia Dare Trail, Nags Head
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 04-2024
Dare County
Approval of 401 Water Quality Certification, (GC3490) with Additional Conditions
DeaiC Mr. and Mrs. Basnight:
You have our approval, in accordance with the attached conditions, to place fill within or otherwise
impact 0.042 acres of waters to place additional riprap along 370 feet of shoreline on your property
adjacent to Roanoke Sound as described in your application received by the Division of Water Quality
(DVQ) Wetlands/401 Unit on December 21, 2004. After reviewing your application, we have _
determined that the Division of Water Quality (DWQ) General Water Quality Certification Number 3490
covers these water impacts. This Certification allows you to General Permit No. 198000291 when issued
by the US Army Corps of Engineers (USACE). 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 CAMA. Also, this approval to proceed with
your proposed impacts or to conduct impacts to waters as depicted in your application shall expire
upop 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 anew 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
we and or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 211.0506 (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
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 Approved
(Units) Plan Location or Reference
404/CAMA Wetlands 0.042 (acres) DCM Field Investig ion Report
401 Wetlands Certification Unit Vtu oil,,
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet htto:f/h2o.enr.state.nc.us/ncwetlands
Ark Equal Opportynity/Affirmative Action Employer - 50% Recycled/10°/6 Post Consumer Paper
Marc and Carolyn Basnight
Page 2 of 2
January 18, 2005
2. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality,
1650 Mail Service Center, Raleigh, NC, 27699-1650.
3. Water Quality Certification
The proposed project must comply with all of the conditions of General Water Quality
Certification (GC) 3490.
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 water
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: & 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 in the Central Office in Raleigh at 919-
733-9721 or Tom Steffens in the DWQ Washington Regional Office at 252-946-6481.
Sincerely,
/Alan W. Klimek, P.E.
AWKlcbk
Enclosures: GC 3490
Certification of Completion
cc: Doug Huggett, DCM
USACE Washington Regulatory Field Office
DWQ Washington Regional Office
File Copy
Central Files
Filename: 042024Lone(Dare)401
y
1 North Carolina Department of Environment and Natural Resources
j Division of Coastal Management
Michaell F. Easley, Governor Charles S. ';Jones, Director William G. Ross Jr., Secretary
December 17, 2004
04`2024
MEMORANDUM: O
T4: i Mr. John R. Dorsey DEC, 1 ?pp4
Environmental Biological Supervisor WA?W--
Division of Water Quality t> at, - 'S
l
FROM: Doug Huggett
Major Permits Processing Coordinator
l S CT: CAMA/DREDGE & FILL Permit Application Review
App?icant: Marc and Carolyn Biasnight
Project Location: 7623 S. Virginia Dare Trail, Nags Head
Proposed Project: Riprap along 370 feet of shoreline
i
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by January 7, 2005, to Hestron Plaza II, 151-B Hwy 24, Morehead City, NC 28557. If
you have any questions regarding the proposed project, please contact Frank Jennings at (252)
264-3901. When appropriate, in-depth comments with supporting data are requested.
SLY: 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
i comments.
I
SIGNED DATE
1367 U.S.17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] Internet: www.necoastaimanagement.net
J An Equal Opportunity 1 Affirmative Action Employer - 30% Recycled by Fiber Weight
I
A
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
042024
1 APPLICANT'S NAME: Marc and Carolyn Basnight (Lone Cedar Cafe)
2. LOCATION OF PROJECT SITE: 7623 South Virginia Dare Trail (US 64/264), Nags Head, Dare
County and on the Roanoke Sound.
Photo Index - 2000: 185-2081 (1-14, 15)(J-14) 1995: 185-1924 (D, E-11) 1989: 150-1 (H, 1-6)
1984: 139-475 (T, U, V-2) 1978: 87-393 (I, J-9)
State Plane Coordinates - X: 2003500 Y: 799500 Roanoke Island N.E., N.C., L.L.
I
3; INVESTIGATION TYPE: CAMA / D&F
4. INVESTIGATIVE PROCEDURE: Date of Site Visit - 11/10/04
Was Applicant Present - No
5, PROCESSING PROCEDURE: Application Received Complete - December 15, 2004
Office - Elizabeth City
6 SITE DESCRIPTION:
(A) Local Land Use Plan Town of Nags Head
Land Classification From LUP - Conservation
(B) AEC(s) Involved - PTA, EW, ES, and CW
(C) Water Dependent - Yes
(D) Intended Use - Private/Commercial
(E) Wastewater Treatment: Existing - On site septic drain field
Planned - NIA
(F) Type of Structures: Existing Restaurant, Parking Area, Riprap and Pier
Planned - Riprap
(G) Estimated Annual Rate of Erosion - None Observed
Source - Observation
HAPITAT DESCRIPTION: [AREA]
DREDGED' FILLED OTHER
(A) Shallow Water Habitat:
PTA, EW, CW 1,850 sq. ft.
(B) Total Area Disturbed - 1,850 sq. ft. (0.042 acres)
(C) Primary Nursery Area - No
(D) Water Classification SA Open No
PROJECT SUMMARY: The applicant proposes to place additional rprap along 370 feet of shoreline
on his property adjacent to the Roanoke Sound.
FIELD INVESTIGATION REPORT: Marc and Carolyn Basnight (Lone Cedar Cafe)
Page 2
4
PROJECT SETTING
The development site is located at 7623 South Virginian Dare Trail (US 64/264), Nags Head, in Dare
County and adjacent to the Roanoke Sound. The site is developed with a restaurant building, parking
area, a pier with crab shedders, and riprap along the shoreline.
The property has an elevation of approximately 6 feet above normal water level (NWL), has sandy soils
and is vegetated with indigenous grasses. The shoreline has approximately 370 linear feet of substantial
riprap that has a footprint of 5 feet forward of normal water line and approximately 70 feet of riprap with
a footprint of less than 5 feet. Approximately 60 feet of the shoreline has no riprap and has a coastal
wetland fringe of Juncus roemerianus. Unconsolidated Juncus clumps are also located along
approximately 30 feet of the east end shoreline mixed in with the existing riprap.
The adjacent property to the east is undeveloped and the adjacent property to the west has a single-family
dwelling and riprap along the shoreline.
The waters of the Roanoke Sound are classified as SA by the Division of Environmental Management,
and are closed to shellfish taking. The existing water depths at the site are approximately -1 foot or less
below NWL. No submerged aquatic vegetation was observed, but they are common to the area. There
appears to be no known archeological sites on the property.
DEVELOPMENT PROPOSAL
Hurricane Isabel damaged the existing riprap along the shoreline and caused soil erosion to occur. The
shoreline area in front of the existing restaurant has an elevation of approximately 6 feet. A riprap
structure with a 5-foot maximum base width has not been able to offer adequate shoreline protection.
Therefore, the applicant is proposing to add an additional 5-foot. base of rock or concrete riprap to 370
feet of the existing riprap. The extended base will allow the applicant to construct a more stable riprap
structure.
ANTICIPATED IMPACTS
The development proposed will result in approximately 1,850 square feet of Public Trust Area, Estuarine
Waters, Areas of Environmental Concern (AEC) and shallow water habitat including approximately 20
square feet of Juncus coastal wetland AEC being filled with riprap material. Approximately 20 cubic
yards of riprap material will be placed below normal water level.
Temporary water turbidity will occur during construction. The project should relieve soil erosion and
protect the property during storm events.
t
Submitted by: Frank A. Jennings, III
Date: 12/16/04
RECEIVE
DEC 3 2004
COASTAL t4ANAGEMENT
A PPLICATION ELIZABETH CITY
(To be completed by all applicants)
I
ns, community or landmark
b. City, tow
1. APPLICANT
a. ;Landowner:
1emi, t Ltd`?tt ??w i++9iGiii
Name
Address ?t.2?, S vRpoafil ( t1tj
State f ?-
City
Zip m 'DaDay Phone -'Pti I)i
Fax 91 133 ? 'tt3
b. Authorized Agent:
Name ?a?liit i3A3N+Gi1'r
Address AA's Mai,
City State
-
Zip Day Phone
Fax
c.' Project name (if any)
NOTE: Perrot will be issued in name of landowner(s), and/or
project name.
2 LOCATION OF PROPOSED
PROJECT
a. County c. Street address or secondary road number
I'iaAit,
d. Is proposed work within city limits or planning
jurisdiction? ? Yes No
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) l r :ice JIV;jIs
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.
,"p ,lvac N wSlt* i2+P {alit
b. Is the proposed activity maintenance of an existing
project, new work, or both? M W1314404
c. Will the project be for public, private or commercial
use? w+U'u6M
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.
ilUiAVif r;F ?fM1J'7 iS Sci? 7i7y'??
.XM iZtP Imo' 4tCINL Mt 61iDA 14
yw
9
Form DCM-MtP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract
b. Size of individual lot(s)
Approximate elevation of tract above iviHW or
NWL Z Tv & r%;r
d. Soil type(s) and texture(s) of tract
Sms f?rtrr+
e. Vegetation on tract (9?5
f. Man-made features now on tract i-AIV Prt?-
izy;-fy?y?rn+? ! 1''r??ctrv+?• nf+l?
g. What is the CAMA Land Use Plan land
classification of the site? (Consult the local land use Plan.)
? Conservation Transitional
Developed Community
Rural Other
h. How is the tract zoned by local government?
t,CMA A
i. Is the proposed project consistent with the applicable
zoning? ? Yes No
(Artach toning compliance cerriftaate, if applicable)
j•
Has a professional archaeological
done for the tract? Yes
If yes, by whom7
k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eligible property?
Yes ? No
1. Are there wetlands on the site? ? Yes No
Coastal (marsh) ;/ Other
If yes, has a delineation been conducted? N o
(Arad, docsu ra=tion, if available)
assessment been
'i No
m. Describe existing wastewater treatment facilities.
W i rt Sew kyl
n., Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
wastewater, industrial /commercial effluent, "wash
down" and residential discharges.) NO
o. D scribe existing drinking water supply source.
5. ADDITIONAL INFORMATION
In addition to the completed application form, the
following items must be submitted:
• A copy or 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.
:???? t,*; n?
• An accurate, dated ork plat (including plan view
and cross-sectional drawings) drawn to scale in black
ink on an 8 1/2" by 11" white paper. (Refer to
Coastal Resources Commission Rule 77.0203 for a
detailed description.) %coca= IN
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
?,
Form DChi-W-1
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
.y ?ilAV? ` --
Address t o vcrria?,ilaw.?.
Phone
Name 7NDEYiw?v?tt,?1 lcSS?c
Address
Phone
Name
Address
Phone
A list ofprevious state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
? 7e " ,1K
• A check made payable
Environment, Health,
(DEHNR) to cover the
application.
• A signed AEC hazard
oceanfront and inlet areas,
to the Department of
and Natural Resources
costs of processing the
notice for projects in
• A statement of compliance with the N.C.
Environmental Policy Act (N.C.G.S. 113A - I to
10) If the project involves the expenditure of public
funds 'or use of public land's, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act.
RECEIVED
DEC 3 2004
COASTAL hOANAGEMENT
ELIZABETH CITY
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 in the permit.
I certify that to the best of my knowledge, the proposed
activity- omplies 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 1 am authorized to grant, and do in fact,
grant permission to representatives of state and federal
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 !sr day of' lt)f` xooy-
Print Name ?nsA,ru?tr
Signatur
L.mdowner or A&ahori:ad A 7,W
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.
i
i
Form DCM-MP-2
EXCAVATION
AND FILL
(Except bridges and culverts)
Attach this form to Joint Application for CAMA Major
Permit, Fpm DCM-MP-I. Be sure to complete all
other sections of the Joint Application that relate to this
proposed project.
Describe below the purpose of proposed excavation or
fill activities. All values to be given in feet.
Access
channel
(`(Lw? or (tiw1)
Canal
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
Other
(Ezc',uding
Thor`line ''
st:bili:ation)
Average Find
Eziuiag Project
Leagth Width Depth Depth
RECEIVED .
DEC 3 2004
oAELIZABETH CtITYENT
1. EXCAVATION' rJ 1 4 ,
a. Amount of materiak to be excavated from belov,
MHW or NWL in cubic yards Nl r4
b. Type of material to be excavated t4 ) 1}
c. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic vegetation
(SAVs) or other wetlands? Yes No
d. Highground excavation in cubic yards A., 1k1
2. DISPOSAL OF EXCAVATED
NLATERUL N ! -
a. Location of disposal area _ ?V f t4
b. Dimensions of disposal area t41 r
c. Do you claim title to disposal area?
Yes No
If no, attach a letter granting permission from the
owner.
d. Will a disposal area be available for future
maintenance? /J)I •Yes No
If yes, where?
Form DCN1-14fP-2
e.' Does the disposal area include any coastal wetlands
(marsh), SAVs or other wetlands?
A- Yes No
f. Does the disposal include any area in the water?
wh* Yes No
3. SHORELINE STABILIZATION
a. Type of shoreline stabilization
Bulkhead ? Riprap
b. Length
3 310
c. Average distance waterward of MHW or NWL .
3
d. Maximum distance waterward of MHW or lv-V,'L
fs
e. Shoreline erosion during preceding 12 months
Nl? .
(SOUrce of inf-MICH011)
f. Type of bulkhead or riprap material AZK VA-
g, Amount of fill in cubic yards to be placed below
water level
(1) Riprap "IC q*M
(2) Bulkhead backfill
h. Type of fill material jta/e OIL 01V/4d 49N*In
i. Source of fill material VA 4/0 SIRS
4. OTHER FILL ACTIVITIES J
(Excluding Shoreline Stabilization)
a. Will fill material be brought to site?
Yes No
Y
If Yes,
(1) Amount of material to be placed in th
water
(2) Dimensions of fill area
(3) Purpose of fill
b. Will fill material be placed in coastal wetland
(marsh), SAVs or other wetlands?
Yes . No
If yes,
(1) Dimensions of fill area
(2) Purpose of fill
5. GENERAL
a. How will excavated or fill material be kept on sit;
and erosion controlled? NI ,.,a
b. What type of construction equipment will be use
(for example, dragline, backhoe, or hydraulic
dredge)?
ixCAVAItpr k'
c. Will wetlands be crissed in transporting equipmem
to project site? Yes _) No
If yes, explain steps that will be taken to lesser
environmental impacts.
SOWS abAll &M
AppU nt or Project Name
M
Signature
a-1, of
Dace
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MAJOR PERMIT FEE MATRIX
Applicant: Marc & Carolyn Basniaht (Lone Cedar)
Selection' Development Type Fee DCM % DWO %
(143001601435100093 1625 6253) (243001602 435100095 2341)
1. Private, non-commercial
development that does not .$250 100%($250) 0%($0)
involve the filling or
excavation of any wetlands
or open water areas:
11. Public or commercial
El development that does not $400 100%($400) 0%($0)
involve the filling or
excavation of any wetlands
or open water areas:
III. For development that
involves the filling and/or
excavation of up to 1 acre
of wetlands and/or open
water areas, determine if A,
B, C, or D below applies:
III(A). For Private non-
commercial development, if $250 100% ($250) 0%($0)
General Water Quality
Certification No. 3301 (see
attached can be applied:
Ili(B). For public or
commercial development, if $400 100%($400) 0%($0)
General Water Quality
Certification No. 3301 (see
attached can be applied:
III(C). If General Water
Quality Certification No. $400 60%($240) 40%($160)
3301 (see attached) could
be applied, but DCM staff
determined that additional
review and written DWQ
concurrence is needed
because of concerns
related to water quality or
aquatic life:
III(D). If General Water
Quality Certification No. $400 60%($240) 40%($160)
3301 (see attached) cannot
be applied:
IV. For development that
involves the filling and/or $475 60%($285) 40%($190)
excavation of more than
one acre of wetlands and/or
o en water areas:
Personal Account Information Redacted

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