87-21 Town of Kill Devil Hills

Permit Class
NEW
Permit Number
87-21
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
V e r M t
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Town of Kill Devil Hills, 102 Town Hall Drive, PO Box 1719, Kill Devil Hills, NC 27948
Authorizing development in Dare County at Atlantic Ocean, from 3522 N. Virginia Dare Trail to the
Prospect St. beach access, Kill Devil Hills , as requested in the permittee's application dated 2/15/21, including the
attached workplan drawings (13) all dated 2/15/21, & attached Ocean Hazard AEC Notice dated 1/6/21.
This permit, issued on July 14.2021 , 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, all excavation activities shall take place entirely within the areas
indicated on attached drawings labeled Sheets 12-13 of 13 and in accordance with the application
narrative, upon determination that the borrow area sediment is compatible with 15A NCAC 07H
.0312.
2) In no case shall excavation of material exceed -65' NAVD88 in Zone Al, -63' NAVD 88 in Zone
A2, -58.5' NAVD 88 in Zone A3, -65.5' NAVD 88 in Zone A4, -68' NAVD 88 in Zones A5 & A6,
and -66' NAVD 88 in Zone A7 (no overdredge allowance is authorized).
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DEQ
other qualified persons within twenty (20) days of the issuing of the Coastal Resources Commission.
date.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2024
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
R raxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Town of Kill Devil Hills
Permit No. 87-21
Page 2 of 4
3) In order to ensure compliance with Condition No. 1, additional vibracores and sediment analysis shall be
provided to DCM for borrow area approval prior to construction. If the sediment is determined to be
incompatible with 15A NCAC 07H .0312, the applicant shall coordinate with DCM to determine an
appropriate plan of action.
Beach Nourishment
4) Prior to initiation of beach nourishment activity along each section of beach, the existing mean high
water line shall be surveyed, and a copy of the survey provided to the Division of Coastal Management.
NOTE: The permittee is advised that the State of North Carolina claims title to all currently
submerged lands and any future lands that are raised above the mean high water level as a result
of this project.
5) Prior to the initiation of beach nourishment activity on a specific property, easements or similar legal
instruments shall be obtained from the impacted property owner(s).
6) The seaward nourishment limit shall be conducted in accordance with the approved work plans.
7) Temporary dikes shall be used to retain and direct flow of material parallel to the shoreline to minimize
surf zone turbidities. The temporary dikes shall be removed and the beach graded in accordance with
approved profiles upon completion of pumping activities in that particular section of beach.
8) The applicant shall continually monitor and inspect the material while active pumping is taking place.
Should dredging operations encounter sand deemed non -compatible with 15A NCAC 07H .0312(3) &
(4)(c), (Technical Standards for Beach Fill Projects), the dredge operator shall immediately cease
operation and contact the NCDCM. Dredge operations shall resume after resolution of the issue of sand
compatibility, including remediation if determined necessary by the Division.
9) In order to prevent leakage, dredge pipes shall be routinely inspected. If leakage is found and repairs
cannot be made immediately, pumping of material shall stop until such leaks are fixed.
10) Once a section is complete, piping and heavy equipment shall be removed or shifted to a new section
and the area graded and dressed to final approved slopes.
11) Land -based equipment necessary for beach nourishment work shall be brought to the site through
existing accesses. Should the work result in any damage to existing accesses, the accesses shall be
restored to pre -project conditions immediately upon project completion in that specific area.
NOTE: The permittee is advised that any new access site would require a modification of this permit.
12) Where oceanfront development exists at elevations nearly equal to that of the native beach, a low
protective dune shall be pushed up along the backbeach to prevent slurry from draining towards the
development.

Town of Kill Devil Hills
ADDITIONAL CONDITIONS
Permit No. 87-21
Page 3 of 4
13) Any dune repair construction shall be aligned to the greatest extent possible with existing adjacent dune
ridges and shall be of the same configuration as the adjacent frontal dune. Dune disturbance shall be
kept to a minimum and dune construction shall take place entirely within the areas indicated in the
drawings, unless a significant change in shoreline occurs that necessitates further review to ensure
compliance with this condition.
14) In order to ensure compliance with Condition No. 13, an updated survey showing current beach
conditions shall be performed within 3 months of project initiation for the entire project area and plans
with updated survey conditions shall be submitted to DCM and the USACE. These plans shall be
coordinated with the appropriate resources agencies and approved by DCM and the USACE prior to
initiation of work and scheduling of the pre -construction conference referenced in Condition No 21
below. An additional survey and approval may be required in the case of a significant change in
shoreline conditions.
15) In accordance with commitments made by the permittee, all sand fencing to be installed shall comply
with the conditions of the exemption described 15A NCAC 07K .0212. Any additional proposal to
install sand fencing exceeding the specifications of 15A NCAC 07K .0212 shall require further agency
coordination and modification of the permit.
Mitigation and Monitoring
16) Unless specifically altered herein, the permittee shall implement all mitigation and monitoring
commitments made in the permit application.
17) During the sea turtle season (May 1 through November 15), nighttime lighting associated with
nourishment activities shall be minimized. Lighting shall be limited to the immediate construction area
and shall be minimized through reduction, shielding, lowering, and appropriate placement to avoid
excess illumination of the water surface and nesting beach.
Cultural Resource Protection
18) The project site is located in an area having a high probability of containing cultural resources, such as
shipwreck remains. The permittee shall exercise all precautions to avoid damage to any potential historic
structures or shipwrecks. If such materials are encountered, the permittee shall immediately stop work
and notify the N.C. Division of Coastal Management at [phone].
General
19) This permit authorizes excavation and beach nourishment activities to be carried out one (1) time along
the entire reach of the requested project area. Any request to carry out additional activities within an area
where excavation or nourishment activities have been completed under this permit shall require a
modification of this permit.
20) This permit shall not be assigned, transferred, sold or otherwise disposed of to a third party without the
written approval of the Division of Coastal Management.

Town of Kill Devil Hills
ADDITIONAL CONDITIONS
Permit No. 87-21 .
Page 4 of 4
21) The permittee and his contractor shall schedule a pre -construction conference with the Division of
Coastal Management, the U.S. Army Corps of Engineers and the Wildlife Resources Commission prior
to the initiation of any dredging or mobilization activities.
22) The permittee shall obtain any necessary authorizations or approvals from the US Army Corps of
Engineers prior to initiation of any permitted activity. All conditions of the Federal approval shall be
adhered to.
23) Any sediment sample monitoring, dredging or as -built surveys required by the USACE shall also be
provided to DCM.
24) Any violation of the Water Quality Certification shall also be considered a violation of this CAMA
Permit.
25) This permit does not authorize any permanent or long-term interference with the public's right of access
and/or usage of all State lands and waters.
26) The permittee shall make every effort possible to minimize any negative impacts of trucks and
construction equipment on roadway and pedestrian traffic. The permittee should also ensure that the
ability of individuals to access and enjoy the beach is not impeded outside of the construction limits.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: Future nourishment activities may require a modification of this permit. The permittee shall
contact a representative of the Division at [phone] prior to the commencement of any
such activity for the determination.
NOTE: The permittee is encouraged to make its contractors aware of existing utilities during ingress and
egress of the site to avoid damage to the utilities. Please contact the Dare County Water
Department to confirm the location of utilities in the area.
NOTE: A permit application processing fee of $475 was received by DCM for this project. This fee also
satisfied the Section 401 application processing fee requirements of the Division of Water
Resources.