DCM. CO. consistent. KittyHawk. 2of2_071421

MEMORANDUM

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

SUBJECT: Major Permit Request by the Town of Kitty Hawk for beach nourishment of 3.97
miles of oceanfront beach and nearshore with material obtained by dredging from
a borrow site in the Atlantic Ocean, associated berm and dune construction, and
installation of sand fencing; from 8 Sea Bass Circle in the Town of Southern Shores
East Helga Street in the Town of Kill Devil Hills.

DATE: July 14, 2021

Consistency Determination: The request is consistent with/not in conflict with the Town of
Kitty Hawk 2004 Core Land Use Plan (LUP) certified by the CRC
on June 17, 2005, the Town of Southern Shores CAMA LUP
Update certified by the CRC on August 30, 2012 and the Town
of Kill Devil Hills CAMA Land Use Plan Update certified by the
CRC on November 2, 2020.

Overview: The project areas consist of 3.97 miles of oceanfront shoreline extending from 8 Sea
Bass Circle in the Town of Southern Shores to East Helga Street in the Town of Kill Devil Hills; a
parking area at the northern limit of the Town of Kitty Hawk, the Byrd Street and Perry Street
paved public access parking areas, and a beach area at East Helga Street, and; a site totaling
1,173 acres in the Atlantic Ocean on the Outer Continental Shelf (OCS) approximately 11 miles
from the shoreline.

Developed residential lots, beach access points, a commercial lot, and a public beach access
sites are located along the oceanfront shoreline project area. Erosion rates in this area range
from 1 to 3.3 foot 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. 133-15) was issued for beach nourishment in this area
in 2015 (SAW -2014-02204 and associated DWR Project #15-0460). Nourishment was completed
in 2017.

North Carolina Department of Environmental Quality MEMORANDUM
Division of Coastal Management Page 2 of 5

Beach nourishment of 3.97 miles of oceanfront beach and nearshore with material obtained by
dredging from a borrow site in the Atlantic Ocean, associated berm and dune construction and
installation of sand fencing are proposed. Staging of equipment and materials and construction
access will occur parking area at the northern limit of the Town of Kitty Hawk, the Byrd Street and
Perry Street paved public access parking areas, and a beach area at East Helga Street. A hopper
dredge and/or a cutter head 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 118.9 acres of Public Trust Area/Estuarine Waters AEC and 70.4 acres of High
Ground within the Ocean Hazard AEC.

Basis for Determination:

In the Town of Kitty Hawk, the project areas are designated as “Lower Density Residential Areas”,
“Open Space and Public and Private Recreation Areas”, and “Commercial Shopping and Working
Areas”. The project areas are located within Areas of Environmental Concern (AECs). 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.”

North Carolina Department of Environmental Quality MEMORANDUM
Division of Coastal Management Page 3 of 5

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 #12 Natural Hazard Areas:

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.”

Issue Area #14 Public Access:

Policy #14a, page IX-17.

“Kitty Hawk will provide and continue to seek public access
opportunities to beaches and public trust waters and supports the
development of additional State funded shoreline accesses.”

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.”

North Carolina Department of Environmental Quality MEMORANDUM
Division of Coastal Management Page 4 of 5

In the Town of Southern Shores, the oceanfront shoreline project area is primarily located along
areas designated as “Residential” with a single “Commercial” area. As indicated on page 62,
since the project areas are located within Areas of Environmental Concern (AECs), the
“Conservation” designation applies. The following LUP policies may be applicable to this request:

Natural Hazards:

Policy 18, page 57.

“Minimize and mitigate potential damages to individual properties
from natural hazards.”

Policy 19, page 58.

“Integrate natural resource protection polices with property
protection measures.”

Action Item 19-a, page 58.

“Continue enforcement of the Dune Protection regulations.”

Action Item 19-c, page 58.

“Continue enforcement of the Coastal Area Management Act
(CAMA) regulations.”

Policy 24, page 59.

“The Town shall support protection and maintenance of the dune
system.”

Action Item 24-a, page 59.

“Maintain existing dune vegetation wherever and whenever
possible.”

Action Item 24-b, page 59.

“Restore vegetation and install sand fencing to help stabilize
dunes and protect against storm surge.”

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

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.”

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.”