Kitty Hawk permit. 133-15

Permit Class
RENEWAL
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Vtrmft
Permit Number
1 3-15
De -Ec
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS I I3A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Town of Kitty Hawk, 101 Veterans Memorial Drive, PO Box 549, Kitty Hawk, NC 27949
Authorizing development in Dare County at Atlantic Ocean, from 8 Sea Bass Circle, Southern
Shores to E. Helga St., Kill Devil Hills as requested in the permittee's application letter dated 4/30/19.
This permit, issued on May 24, 2019 , 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.
1) This renewal shall be attached to the original of Permit No. 133-15, which was issued on 1211/15,
and copies of both documents shall be readily available on site when a Division representative
inspects the project for compliance.
2) All conditions and stipulations of the active permit remain in force under this renewal.
NOTE: Future nourishment activities 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.
(See attached sheet for Additional Conditions)
This permit action may be appealed by the permittee or Signed by the authority of the Secretat
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
December31,2020
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program,
Fo-,t Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Town of Kitty Hawk Permit No. 133-15
Page 2 of 2
ADDITIONAL CONDITIONS
NOTE: Sand fencing installed under this permit shall comply with the drawings submitted in the original
permit application, and with 15A NCAC 071-1.0311 and 15A NCAC 07K .0212.
NOTE: A permit renewal application processing fee of $100 was received by DCM for this project.
NOTE: The N.C. Division of Water Resources DWR Project No. 15.0460.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.

NEW
Permit Number
133-15
STATE OF NORTH CAROLINA
Department of Environmental Quality.
and
Coastal Resources Commission
Permit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS I I3A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Town of Kittv Hawk.101 Veterans Memorial Drive. PO Box 549. Kitty Hawk. NC 27949
Authorizing development in Dare County at Atlantic Ocean, from 8 Sea Bass Circle, Southern
Shores to E. Helga St., Kill Devil Hills as requested in the permittee's application dated 8/26/15, including attached
workplan drawings (33) all dated 8/25/15, & attached Ocean Hazard AEC Notice dated 7/3/15.
This permit, issued on December 1.2015 , 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 figures No. 2 of 33 (Project Overview), and 26-33 of 33 (Borrow Areas A & C)
and in accordance with the attached narrative dated received at DCM Elizabeth City 8/28/15.
(See attached sheets for Additional Conditions)
ims permit action may ne appeatea oy me permtttee or
other qualified persons within twenty (20) days of the issuing
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, 2018
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
Chairman of the Coastal Resources Commission.
G Braxton CODavis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Town of Kitty Hawk
Permit No.133-15
Page 2 of 5
ADDITIONAL CONDITIONS
Beach Nourishment
2) This permit authorizes 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
nourishment activities have been completed under this permit shall require a modification of this permit.
3) Prior to any nourishment activities occurring between April 1 and October 31 of any year Division of
Marine Fisheries Shellfish Sanitation Section shall be notified so that any necessary swimming
advisories may be posted.
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) Prior to the initiation of any beach nourishment activity, the permittee shall coordinate with the Division
of Coastal Management to determine the static vegetation line that shall be used as the reference point
for measuring future oceanfront setbacks. The static vegetation line, which is defined as the vegetation
line that existed within one year prior to the onset of initial project construction, shall be established
using on -ground observation and survey or aerial imagery. This static vegetation line shall then be
marked and a survey depicting this static vegetation line shall be submitted to the Division of Coastal
Management prior to any beach nourishment activities.
7) The seaward nourishment limit shall be conducted in accordance with the attached work plats labeled
"Beach Fill Plan Views" figures 3-15 all dated 8/25/15.
8) 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.
9) Should dredging operations encounter sand deemed non -compatible with 15A NCAC 07H .0312
(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.
NOTE: The permittee is advised that the deposition of sediment and shell material with a diameter
greater than or equal to three inches is considered incompatible if it has been placed on the beach
during the beach fill project, is observed between mean low water and the frontal dune toe, and is
in excess of twice the background value of material of the same size as identified in the reference
area described on page 13 of the Comprehensive Marine Sand Search and Borrow Area Design
Report.

Town of Kitty Hawk Permit No. 133-15
Page 3 of 5
ADDITIONAL CONDITIONS
10) 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.
11) 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.
12) 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.
13) 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.
14) Dune disturbance shall be kept to a minimum. Any alteration of existing dunes shall be coordinated with
the Division of Coastal Management as well as the appropriate property owner(s). All disturbed areas
shall be restored to original contours and configuration with reference to the surveyed normal high water
line and shall be revegated immediately following project completion in that specific area.
Mitigation and Monitoring
15) In order to ensure protection of sea turtles, the permittee shall implement the following survey activities
throughout the entire project area from May 1 through November 15 for the duration of the authorized
project;
a) In each case of observation of sea turtles (nesting females, hatchlings or eggs), designated local
personnel shall immediately be notified;
b) If a sea turtle is observed in the project area during the project, all work shall immediately be
stopped within 500 ft. of the turtle. If the turtle successfully places a clutch of eggs on the beach,
work in the area shall not resume until the eggs can be relocated to a safe area. If the turtle
returns to the water without nesting, work may resume in the affected area;
c) If recently emerged hatchlings from an unmarked nest are observed, all work shall immediately
stop within 100 feet of the hatchlings, and all artificial lighting shall be extinguished within 500
feet of the hatchling to facilitate seafrnding behavior of the hatchlings. Work shall not resume
within 100 feet of the emerged nest until authorized sea turtle volunteers can excavate the nest
and release any remaining hatchlings into the ocean;
d) Nests located in areas where beach nourishment material is to be placed prior to nest hatching
shall be relocated to typical nesting habitat on the beach outside of the project area. Nesting
surveys and egg relocations shall be conducted only by Wildlife Resources Commission
permitted personnel with prior experience and training. Only nests that will be affected by
construction activities may be moved;

Town of Kitty Hawk
Permit No. 133-15
Page 4 of 5
ADDITIONAL CONDITIONS
e) If any nests or eggs are discovered during the project, all project activity shall immediately cease
within 50 feet of the location of the eggs or nest. Work in the affected area shall only resume
after receiving permission from Wildlife Resources Commission staff;
f) During beach nourishment activities, daily monitoring shall be conducted to determine if
escarpments have formed. Any escarpments greater than 18 inches that are present between May
1 and August 30 shall be leveled. Monitoring outside the sea turtle nesting season shall be done
at least once every two weeks. Leveling activities shall be coordinated with the Wildlife
resources Commission prior to implementation. The permittee shall implement the escarpment
monitoring and associated leveling for three years post construction;
g) During the sea turtle season (May 1 through November 15), efforts shall be made to minimize
impacts to sea turtle access to the beach to the maximum extent possible by storing equipment
and materials off of the beach, perpendicular to the beach, or at the landward most area of the
beach that does not compromise dune integrity;
h) 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
16) 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].
17) The permittee shall avoid routing any pipes over the Steamship Mountaineer shipwreck site located just
beyond the surf, adjacent to the intersection of Luke Street and North Virginia Dare Trail.
18) In order to satisfy concerns with the North Carolina Department of Natural and Cultural Resources, and
to protect the anomaly clusters identified in the report prepared by Tidewater Atlantic Research entitled
"A Phase I Remote Sensing Archaeological Survey of Two Proposed Borrow Areas Offshore of Dare
County, North Carolina", there shall be a buffer zone around each of the seventeen identified anomaly
clusters as indicated in the attached workplan drawings (26 of 33 and 30 of 33). No excavation activities
shall take place with these buffer areas without permit modification.
General
19) 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.
20) The permittee and his contractor shall schedule a pre -construction conference with the Division of
Coastal Management and the Wildlife Resources Commission prior to the initiation of any dredging or
mobilization activities.

Town of Kitty Hawk
Permit No. 133-15
Page 5 of 5
ADDITIONAL CONDITIONS
21) The permitte 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.
22) The permittee and/or his contractor shall provide for proper storage and handling of all oils, chemicals
hydraulic fluids, etc., necessary to carry out the project.
23) The N.C. Division of Water Resources has authorized the proposed project under Certification No. 4037
(DWR Project No. 15-0460), which was issued on 11/6/15. Any violation of the Water Quality
Certification shall also be considered a violation of this CAMA Permit.
24) No sand shall be placed on any sand bags that have been determined by the Division of Coastal
Management to be subject to removal under 15A NCAC .0308(a)(2). In order to ensure compliance with
this condition, the Division of Coastal Management shall be contacted at [phone] prior to project
initiation so that Division staff may meet on site with the permittee and/or contractor.
NOTE: The permittee is advised that the Division of Coastal Management shall regulate the removal of
existing sandbags and the placement of new sandbags in accordance with 15A NCAC 07H .0308
(a)(2)(F), or in accordance with any variances granted by the N.C. Coastal Resources
Commission.
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.

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