DWR 401_2021-0597 v1 - Town of Kill Devil Hills (Dare Co. - CAMA Major) - 20211026

October 26, 2021 Town of Kill Devil Hill DWR Project # 2004-0393 v3/2021-0597 v1 ATTN: Debora P. Diaz Dare County 102 Town Hall Drive Kill Devil Hills, North Carolina 27948
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH
ADDITIONAL CONDITIONS Town of Kill Devil Hills Shoreline Protection Project Dear Ms. Diaz: You have our approval for the impacts listed below for the purpose described in your application dated March 19, 2021 with the latest additional information received by the Division of Water Resources (Division) on August 06, 2021. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non-Discharge, and Water Supply Watershed regulations. This Authorization Certificate shall expire five
(5) years from the date of this letter. This approval requires you to comply with the following additional conditions:
1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Water Quality Certification 4175 are met. No other impacts are approved, including incidental impacts [15A NCAC 02B. 0506(b)(c)].
Type of Impact

Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Plan location/
Reference
Attached Open Waters OW1 (fill) 83.7 (acres) 0 (acres) DCM Plan Sheets – Appendix A

2. Turbidity Standard The Permittee shall adhere specially to 15A NCAC 02b .0221 Tidal Salt Water Quality for Class SB Waters (3)(g) pH: shall be normal for waters in the area, which generally shall range between 6.8 and 8.5 except that swamp waters may have a pH as low as 4.3 if it is the result of natural conditions; (I) Turbidity: the turbidity in the receiving water shall not exceed 25 NTU; if turbidity exceeds this level due to natural background conditions, the existing turbidity level shall not be increased. [15A NCAC 02b .0221] 3. Construction Moratoriums and Coordination If activities must occur during periods of high biological activity (i.e., sea turtle nesting, fish spawning, or bird nesting), then biological monitoring may be required at the request of other state or federal agencies and coordinated with these activities. All moratoriums on construction activities established by the NC Wildlife Resources Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries (DMF), or National Marine Fisheries Service (NMFS) to less impacts on trout, anadromous fish, larval/post-larval fishes and crustaceans, or other aquatic species of concern shall be implemented. Exceptions to this condition require written approval by the resource agency responsible for the given moratorium. 4. Dredging shall not cause Shellfish Closures The effluent water from the dredge spoil should not be released into open shellfish waters. Shellfish Sanitation and the Division of Water Resources must be notified if this is to occur. 5. No Waste, Spoil, Solids, or Fill of Any Kind 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 Buffer Authorization Application. All forestry operations activities shall be performed so that no violations of state water quality standards, statutes, or rules occur [15A NCAC 02H .0502 and .0502]. 6. The Permittee shall replant the vegetation within temporarily disturbed areas associated with this project in an “in kind” manner immediately following construction. (Example: Disturbed areas with pre-existing grassed lawns must be replanted with grass. Disturbed areas with pre-existing trees or woody vegetation must be replanted with trees and woody vegetation. Disturbed areas with pre-existing forest vegetation must be replanted with forest vegetation including at least two different native hardwood tree species at a density sufficient to provide 260 trees per acre at maturity. This density can usually be achieved by planting approximately 360 (11 x 11 spacing) to 538 (9 x 9 spacing) trees per acre.) Restoration of trees/shrubs/forest must be completed by the first subsequent planting season (November 1 through March 30). Note, if the tree plantings do not survive, they will need to be replaced such that the

density is sufficient to provide 320 trees per acre at maturity. [15A NCAC 02H .0507 (c), 15A NCAC 02H .0506 (b)(3), and 15A NCAC 02B .0734 (6)]
For this project, you have submitted a plan for restoration of the buffer, and that plan
(attached) is herein approved, and has been determined to meet the expectation of “in-
kind” restoration, based on pre-construction site conditions. 7. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Authorization. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and Authorization and is responsible for complying with all conditions. [15A NCAC 02B .0507(d)(2)] 8. This approval and its conditions are final and binding unless contested. {G.S. 143-215.5} This Approval can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk’s Office at [phone] for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at [phone], provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH:
If sending via US Postal Service: If sending via delivery service (UPS,
FedEx, etc): Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DENR: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601
This letter completes the review of the Division section 401 of the Clean Water Act. Please contact Chris Pullinger at 252-948-3918 or [e-mail] if you have any questions or concerns.
Sincerely,
Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ
cc: Kenneth T. Wilson, Coastal Protection Engineering of North Carolina (via e-mail) Brad Rosov, Coastal Protection Engineering of North Carolina (via e-mail) Josh Pelletier, USACE Washington Field Office (via e-mail) Gregg Bodnar, DCM Morehead City (via e-mail) Laserfiche/DWR file copy