DCM LUP CO. KillDevilHillsBeachRenourishMPReview2of2_050421

MEMORANDUM

TO: Heather Coates, Beach & Inlet Management Project Coordinator
Division of Coastal Management

SUBJECT: Major Permit Request by the Town of Kill Devil Hills for beach renourishment of
2.74 miles of oceanfront beach and nearshore with material obtained by dredging
from a borrow site in the Atlantic Ocean, and associated dune repairs, dune
plantings, and sand fencing; extending from a location 380 feet south of East
Tateway Road in Kitty Hawk to Prospect Street in the Town of Kill Devil Hills .

DATE: May 4, 2021

Consistency Determination: The request is consistent with/not in conflict with the Town of Kill
Devil Hills CAMA Land Use Plan Update certified by the CRC on
November 2, 2020 and the Town of Kitty Hawk 2004 Core Land
Use Plan (LUP) certified by the CRC on June 17, 2005.

Overview: The project areas consist of 2.74 miles of oceanfront shoreline extending from a
location 380 feet south of East Tateway Road in Kitty Hawk to Prospect Street in the Town of Kill
Devil Hills; the Helga Street, 5th Street and Asheville Street public beach access sites, and; a site
totaling 1,173 acres in the Atlantic Ocean on the Outer Continental Shelf (OCS) approximately 6
miles from the shoreline.

Developed residential lots, a few commercial lots, and public beach access points are located
along the oceanfront shoreline project area. Erosion rates in this area range from 0 feet to 4.3
feet per year. Floodzones along the oceanfront shoreline are VE (10), VE (11), VE (12), and VE
(13).

A State CAMA/Dredge and Fill Permit (No. 134-15) was issued for beach nourishment along this
shoreline in 2015 (SAW -2014-02203; and DWR Project #04-0393 v2). Nourishment was
completed in 2017. Dune construction, dune plantings, and sand fencing were also approved
and completed.

Beach renourishment of 2.74 miles of oceanfront beach and nearshore with material obtained by
dredging from a borrow site in the Atlantic Ocean, and associated dune repairs, dune plantings,
and sand fencing are proposed. Staging of equipment and materials will occur at the Helga Street,
5th Street and Asheville Street public beach access sites. A hopper dredge and/or a cutter head

North Carolina Department of Environmental Quality MEMORANDUM
Division of Coastal Management Page 2 of 6

dredge will be used to collect sand from the borrow site. Dredging is estimated to take
approximately 2.5 to 5 months. A year round construction window is proposed.

Potential impacts to sea turtles, marine mammals, fish, and benthic organisms were recognized
in the original permit. No historic properties or properties eligible for inclusion in the National
Register were identified in the original permit. No cultural resources were confirmed at the borrow
site, though potentially significant magnetic anomalies were identified and remain excluded from
the dredge area.

The Atlantic Ocean is designated as “Coastal Waters” with a water quality classification of SB
(Primary Recreational, aquatic life propagation and survival, fishing and wildlife) and is open to
shellfish harvesting.

Anticipated impacts resulting from this project are expected to include: the dredging of up to 1,173
acres of Public Trust Area/Estuarine Waters Areas of Environmental Concern (AEC) and the filling
of approximately 83.68 acres of Public Trust Area/Estuarine Waters AEC and 39.62 acres of High
Ground within the Ocean Hazard AEC.

Basis for Determination:

The Town of Kill Devil Hills Future Land Use Map identifies the adjacent lots as “Medium Density
Residential”. The following LUP policies may be applicable to this request.

Public Access:

P.1, Page 6-6.

“The Town supports the provision of access to the shoreline for
residents and visitors of Kill Devil Hills, including persons with
disabilities.”

Land Use Compatibility:

P.15, Page 6-8

“The Town, through the implementation of the plan, supports
growth and development in a manner that will promote economic
development while protecting the Town’s fragile and natural
resources.”

North Carolina Department of Environmental Quality MEMORANDUM
Division of Coastal Management Page 3 of 6

Natural Hazards:

P.26, Page 6-11.

“The Town supports the guidelines of the Coastal Area Management
Act (CAMA) and the associated policies of the Coastal Resources
Commission (CRC) but reserves the right to oppose specific sections
of the CAMA and proposed rules or rule changes...”

P.27, Page 6-11.

“The Town supports US Army Corps of Engineers regulations as
applicable, reserving the right to oppose any proposed modifications
to existing regulations. The Town supports properly permitted
mitigation activities.”

P.30, Page 6-11.

“The Town supports long-term efforts to maintain and enhance the
public trust beach through funding of a beach nourishment project
using Federal, State, and local funds.”

In the Town of Kitty Hawk, the oceanfront shoreline project area is located along areas designated
as “Lower Density Residential Areas” and “Open Space and Public and Private Recreation Areas”.
The following LUP policies may be applicable to this request:

Issue Area #1 Atlantic Ocean Shoreline:

Policy #1a, page IX-6.

“Kitty Hawk will continue to regulate and support the management
of
oceanfront shoreline development to protect and preserve the
natural and recreational resources along the oceanfront and will
continue to acquire oceanfront properties as appropriate.”

Policy #1b, page IX-6.

“Kitty Hawk will adopt, enforce, and amend as necessary and
appropriate ordinances and procedures to protect the Atlantic
Ocean Shoreline.”

North Carolina Department of Environmental Quality MEMORANDUM
Division of Coastal Management Page 4 of 6

Policy #1c, page IX-6.

“Kitty Hawk supports applicable State and Federal laws and
regulations regarding building, land uses, and development in
areas of environmental concern.”

Policy #1f, page IX-6.

“Kitty Hawk will review and analyze development and
redevelopment
proposals for consistency with the future land use map included in
this land use plan.”

Issue Area #3 Beach Nourishment and Dune Stabilization:

Policy #3a, page IX-8.

“Kitty Hawk will continue to participate in beach nourishment
projects and supports beach nourishment as the preferred
shoreline management alternative along the ocean beach. Kitty
Hawk supports nourishment projects that utilize sediment with
adequate, compatible grain size, address secondary and
cumulative impacts, and limit the size and density of structures
along the oceanfront in order to maximize the public use of the
nourished beach and keep unsuspecting property owners out of
harm’s way.”

Issue Area #5 Community Appearance:

Policy #5b, page IX-10.

“Kitty Hawk supports local identification, recognition, and
protection of
cultural and historical resources...”

Issue Area #8 Federal Properties and Programs:

Policy #8a, page IX-12.

“Kitty Hawk supports applicable Federal laws and regulations
regarding land uses and development in areas of environmental
concern...”

North Carolina Department of Environmental Quality MEMORANDUM
Division of Coastal Management Page 5 of 6

Issue Area #12 Natural Hazard Areas:

Policy #12a, page IX-15.

“Kitty Hawk will continue to adopt, enforce, and amend as
necessary
ordinances and procedures to regulate land use, development,
and redevelopment in and adjacent to natural hazard areas. The
Town supports applicable State and Federal laws and regulations
regarding land uses and development in areas of environmental
concern.”

Policy #12e, page IX-15.

“Kitty Hawk supports State and Federal policies that regulate the
location and intensity of development in State designated areas of
environmental concern.

Policy #12g, page IX-15.

“Kitty Hawk will allow development and redevelopment within
special
flood hazard areas subject to the provisions and requirements of
the National Flood Insurance Program, CAMA regulations, and the
Town’s zoning ordinance.”

Policy #12j, page IX-16.

“Kitty Hawk will take actions locally and in conjunction with
NCDOT
and adjacent jurisdictions to improve traffic safety and drainage to
mitigate the impact of localized flooding and seek alternative
methods of hazard avoidance.”

Policy #12k, page IX-16.

“Kitty Hawk will consider adoption of overlay districts to regulate
uses
and activities in and on the Atlantic Ocean and Currituck Sound to
address the impacts of development and redevelopment and uses
on natural features to avoid introduction of hazards to these
sensitive environmental resources.”

North Carolina Department of Environmental Quality MEMORANDUM
Division of Coastal Management Page 6 of 6

Issue Area #22 Tourism:

Policy #22a, page IX-23.

“Kitty Hawk recognizes the vital importance of tourism to the local
economy and supports efforts to maintain its status as a desirable
place to visit and vacation. The Town also recognizes the need to
address the infrastructure and service demands of the seasonal
populations that may occur.”

Issue Area #25 Water Quality:

Policy #25b, page IX-25.

“Kitty Hawk will continue to promote the protection and
improvement of water quality by adopting, enforcing, and
amending as necessary ordinances and procedures to regulate
land use, development, and redevelopment as appropriate in
natural hazard areas and areas of environmental concern. The
Town supports applicable State and Federal laws and regulations
regarding building, land uses, and development in areas of
environmental concern.”