137-21 Town of Kitty Hawk

Permit Class
NEW
Permit Number
137-21
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Vermt"t
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, PO Box 549, Kitty Hawk, NC 27949
Authorizing development in
Dare
County at the Atlantic Ocean, along the oceanfront shoreline of
Kitty Hawk , as requested in the permittee's application dated 2/24/21, including the
attached workplan drawings (21), as referenced in Condition No. 1 below.
This permit, issued on October 5.2021 , 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.
1) Unless specifically altered herein, all development shall be carried out in accordance with the
workplan drawings (21), labeled 1-17 of 17 dated 3/15/21, 12-14 of 33 and 30 of 33 dated 8/3/21, &
attached Ocean Hazard AEC Notice dated 1/6/21.
2) In no case shall excavation of material exceed -67' NAVD88 in Zone Al, -65' NAVD 88 in Zone
A2, -60.5' NAVD 88 in Zone A3, -67.5' NAVD 88 in Zone A4, -70' NAVD 88 in Zones A5 & A6,
and -68' NAVD 88 in Zone A7 (depths include a 2' overdredge allowance).
(See attached sheets for Additional Conditions)
action may be appealed by the permittee or Signed by the authority of the Secretary
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, 2024
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
of the Coastal Resources Commission.
raxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Town of Kitty Hawk
ADDITIONAL CONDITIONS
Beach Nourishment
Permit No. 137-21
Page 2 of 4
3) 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.
4) 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).
5) The seaward nourishment limit shall be conducted in accordance with the approved work plans.
6) 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.
7) 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 only after resolution of the issue of
sand compatibility, including any remediation determined necessary by the Division.
8) 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.
9) 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.
10) 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 pennittee is advised that any new access site would require a modification of this permit.
11) 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.
12) Any dune repair construction shall be aligned to the greatest extent possible with existing adjacent dune
ridges, shall be of the same configuration as the adjacent frontal dune and shall adhere to a 3H:1 V slope
along the oceanward face. 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.

Town of Kitty Hawk
ADDITIONAL CONDITIONS
Permit No. 137-21
Page 3 of 4
13) In accordance with commitments made by the permittee and to ensure compliance with Condition No.
12, the engineered dune shown on the original plans is hereby eliminated except 2 remaining dune
sections, located between Stations 185+50 and 190+80, and Stations 146+00 and 154+00, as modified in
the supplemental plans dated 8/3/21.
14) In order to further ensure compliance with Condition No. 12, 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. 23
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 in 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 and subsequent correspondence.
17) Benthic monitoring surveys of the placement area shall be conducted pre- and post -construction, as
requested by the NC Division of Marine Fisheries.
18) 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.
19) Visual surveys for escarpments along the project area shall be made immediately after completion of
sand placement, and within 30 days prior to May 1. Escarpments that are determined by NCWRC to
interfere with sea turtle nesting or that exceed 18 inches in height for a distance of 100 feet shall be
leveled and the beach profile reconfigured to minimize scarp formation by May 1.
Cultural Resource Protection
20) 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].

Town of Kitty Hawk
ADDITIONAL CONDITIONS
General
Permit No. 137-21
Page 4 of 4
21) 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.
22) 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.
23) 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.
24) 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.
25) Any sediment sample monitoring, dredging or as -built surveys required by the USACE shall also be
provided to DCM.
26) Any violation of the Water Quality Certification shall also be considered a violation of this CAMA
Permit.
27) 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.
28) 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: 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.