20040393 Ver 2_Approval Letter_20151106

North Cardina Department of Environmental QUality
Pat McCrory Dor aW R van de�- Vaart
Governor,, Sea°etaty
NOT 1=211 •
Town of Kill Devil Hills
Attn: Ms. Debora Diaz
PO Box 1719
Kill Devil Hills, NC 27948
Dare County
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Attached hereto is a copy • Certification No. 4038 issued to the Town • Kill Devil Hills, dat
November • 2015. This Certification replaces the Certification issued on October 13, 201
Please note that 0ou should —u4wAR_x*_t an- i
Ke tfaban alcl,
the subject project, including those required by (but not limited to) Sediment and Erosi
Control, Non-Discharge, and Water Supply Watershed regulations. I
This approval and its conditions are final and binding unless contested, This Certification can
contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition f
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sixty (60) calendar days. I
Tun r ffaT _w7w,g..c.,oan,cor 5,71 n g e
LKII, o r 6 y c a i 7ng
Clerk's Office at [phone] for information, A petition is considered filed when the origin
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and one, (1) copy along with any applicable •AH filing fee is received in the •AH during norm
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office hours (Monday through Friday between 8:00am and 5:00pm, excluding official Isti"a
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,
If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699-6714 Raleigh, NC 27609-6285
Divisbrt of Watei Rest. wces 401 & Buffer PeuMting LJM
1617 MaH Service CeWe , Raleigh, Nulh Carokr`a 27699 1617
Loc.afiom 512 114 SaHsbuvy St RakDigh, NoQhi Cxolirra 27604
Pharie 919-919 707-90W FAX: 919 807.C1-1w141 Ci, sk,amer Service 1 87T623 6748
9MemO: wwwrcwaterResowces,org
An Equa! (A.'kparhjnMy �9,-)dpinpar4byik4,yc:le( rtaper

Town of Kill Devil Hills
DWR# 04-0393 Q
Individual Certification #4038
Page 2 of 10
Sam M. Hayes, General Counsel
Lilegm-c-1 I " rc-VMML--TMN-Mrr TTL-rTW1'k1?F9"
1601 Mail Service Center
Raleigh, INC 27699-1601
This certification completes the review of the Division under section 401 of the Clean Water Act
and 15A NCAC 02H.0500. Contact Anthony Scarbraugh at 252-948-3924 or
-1!1 c _!ILg�
?!Iy-. �'LiLr h—,r ly if you have any questions or concerns,
Sincerely,
Karen Higgins, Superviso
401 & Buffer Permitting Unit
Josh Pelletier, USACE Washington Regulatory Field Office (via email)
Pat McClain, DEMLR WaRO (via email)
Kenneth Willson, Coastal Planning & Engineering of North Carolina, Inc. (via email:
Anthony Scarbraugh, WaRO
File Copy
Filename: 040393v2Townof Kill Devi I HillsBeach Renou rishmentProject(Dare)_401_IC,docx

Town of Kill Devil Hills
DWR# 04-0393 v2
,-Ml
92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC
02H.0500, to the Town • Kill Devil Hills, who have authorization for the impacts listed below, as
described within your application received • the N.C. Division • Water Resources (Division) on
September 24, 2015, and • Public Notice issued • the U. S. Army Corps • Engineers and
received by the Division on February 5, 2015.
The State of North Carolina certifies that this activity will not violate the applicable portions of
Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if conducted in
accordance with the application, the supporting documentation, and conditions hereinafter set
forth.
This approval requires you to follow the conditions listed in the certification below.
Conditions of Certification:
Impacts Approved
The following impacts are hereby approved provided that all of the other conditions of the
Certification are met. No other impacts are approved, including incidental impacts. [15A
NCAC 02H.0506 (b) & (c)]
Type of Amount Approved —JAmo unt Approved Plan location
its
Impact (units) Permanent (units) ) T Temporary Reference Attached
Open Waters
Ow- 1 84.28 (acres) 0 (acres) CAMA PLAN Sheet
(Bulkhead) Nos. 3 through 16 of 24
This approval is for the purpose and design described in your application and as described in
the Public Notice. The plans and specifications for this project are incorporated by reference
and are an enforceable part of the Certification. 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
Certification and is responsible for complying with all conditions. Any new owner must notify
the Division and request the Certification be issued in their name. [15A NCAC 02H .0501 and
.0502]
All mechanized equipment operated near surface waters or wetlands will be regularly
inspected and maintained to prevent contamination of waters and wetlands from fuels,
lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon
or chemical spill, the permittee/contractor shall immediately contact the Division of Water
Resources, between the hours of 8 am to 5 pm at the Washington Regional Office at (252)

Town of Kill Devil HOls
DWR# 04-0393 v2
946-6481 and after hours and on weekends call [phone]. Management of such spills
shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances
Control Act. [15A NCAC 02H.0506 (b)(3) and (c)(3), 15A NCAC 02B 0200 (3)(f), and GS 143
Article 21A]
4 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; (1) 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]
5. Continuing Compliance
The Town of Kill Devil Hills shall conduct construction activities in a manner consistent with
State water quality standards (including any requirements resulting from compliance with
section 303(d) of the Clean Water Act) and any other appropriate requirements of State and
Federal law. [15A NCAC 02B 0200] If the Division determines that such standards or laws
are not being met (including the failure to sustain a designated or achieved use) or that
State or federal law is being violated, or that further conditions are necessary to assure
compliance, the Division may reevaluate and modify this Certification. Before modifying the
Certification, the Division shall notify the Town of Kill Devil Hills and the U.S. Army Corps of
Engineers, provide public notice in accordance with 15A NCAC 02H .0503 and provide
opportunity for public hearing in accordance with 15A NCAC 02H .0504. Any new or revised
conditions shall be provided to the Town of Kill Devil Hills in writing, shall be provided to the
U.S. Army Corps of Engineers for reference in any Permit issued pursuant to Section 404 of
the Clean Water Act, and shall also become conditions of the 404 Permit for the project.
6. The applicant and/or authorized agent shall provide a completed Certificate • Completion
Form to the DWR 401 & Buffer Permitting Unit within ten days of project completion
(available
[ 15A N CAC 02 H .0502 (f)]
7. No Impacts Beyond those Authorized
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 application, as authorized in the written
approval from the Division or beyond the thresholds established for use of this Certification
without written authorization, including incidental impacts. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion
control Best Management Practices shall be performed so that no violations of state water
quality standards, statutes, or rules occur. Approved plans and specifications for this
project are incorporated by reference and are enforceable parts of this permit.

9. No Sediment and Erosion Control Measures in Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters.
Exceptions to this condition require application submittal to and written approval by the
Division. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, then design and placement of temporary erosion control measures shall not
be conducted in a manner that may result in dis-equilibrium of wetlands, stream beds, or
banks, adjacent to or upstream and downstream of the above structures. All sediment and
erosion control devices shall be removed and the natural grade restored within two (2)
months of the date that the Division of Energy, Mineral and Land Resources (DEMLR) or
locally delegated program has released the specific area within the project.
10. Construction Stormwater Permit NCGO10000
An NPDES Construction Stormwater Permit is required for construction projects that disturb
one (1) or more acres of land. This Permit allows stormwater to be discharged during land
disturbing construction activities as stipulated in the conditions of the permit, if your
project is covered by this permit, full compliance with permit conditions including the
erosion & sedimentation control plan, inspections and maintenance, self-monitoring, record
keeping and reporting requirements is required. A copy of the general permit
(NCGO10000), inspection log sheets, and other information may be found at
.4essw#tab w

Town of Kill Devil Hills
DWR# 04-0393 v2
individual Certification #4038
ti
11. Construction Moratoriums and Coordination
If activities must occur during periods • 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 • 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 lessen 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.
Work within the twenty-five (25) designated trout counties or identified state or federal
endangered or threatened species habitat shall be coordinated with the appropriate WRC,
USFWS, NMFS, and/or DMF personnel.
12. 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 Quality must be notified if this is to occur.
13. Work in the Dry
All work in or adjacent to stream waters shall be conducted so that the flowing stream does
not come in contact with the disturbed area. Approved best management practices from
the most current version of the NC Sediment and Erosion Control Manual, or the NC DOT
Construction and Maintenance Activities Manual, such as sandbags, rock berms,
cofferdams, and other diversion structures shall be used to minimize excavation in flowing
water. Exceptions to this condition require application submittal to and written approval by
the Division.
14. Riparian Area Protection (Buffer) Rules
Activities located in the protected riparian areas (whether jurisdictional wetlands or not),
within the Neuse, Tar-Pamlico, or Catawba River Basins or in the Randleman, Jordan, or
Goose Creek Watersheds (or any other basin or watershed with buffer rules) shall be limited
to "uses" identified within and constructed in accordance with 15A NCAC 02B .0233, .0255,
,0243, ,0250, .0267 and .0605, and shall be located, designed, constructed, and maintained
to have minimal disturbance to protect water quality to the maximum extent practicable
through the use of best management practices. All buffer rule requirements, including
diffuse flow requirements, must be met.
15. If concrete is used during the construction, then all necessary measures shall be taken to
prevent direct contact between uncured or curing concrete and waters of the state. Water
that inadvertently contacts uncured concrete shall not be discharged to waters of the state
due to the potential for elevated pH and possible aquatic life/ fish kills.

Town of Kill Devil Hills
DWR# 04-0393 v2
Ml
16. Placement of Culverts and Other Structures in Waters and Wetlands
Culverts required for this project shall be designed and installed in such a manner that the
original stream profiles are not altered and allow for aquatic life movement during low
flows. Existing stream dimensions (including the cross section dimensions, pattern, and
longitudinal profile) must be maintained above and below locations of each culvert.
Placement of culverts and other structures in waters and streams must be below the
elevation of the streambed by one foot for all culverts with a diameter greater than 48
inches, and 20 percent of the culvert diameter for culverts having a diameter less than or
equal to 48 inches, to allow low flow passage of water and aquatic life.
When topographic constraints indicate culvert slopes of greater than 5%, culvert burial is
not required, provided that all alternative options for flattening the slope have been
investigated and aquatic life movement/ connectivity has been provided when possible
(rock ladders, crossvanes, etc). Notification to the Division including supporting
documentation to include a location map of the culvert, culvert profile drawings, and slope
calculations shall be provided to the Division 60 days prior to the installation of the culvert.
When bedrock is present in culvert locations, culvert burial is not required provided that
there is sufficient documentation of the presence of bedrock. Notification to the Division
including supporting documentation such as, but not limited to, a location map of the
culvert, geotechnical reports, photographs, etc shall be provided to the Division a minimum
of 60 days prior to the installation of the culvert. If bedrock is discovered during
construction, then the Division shall be notified by phone or email within 24 hours of
discovery.
If other site-specific topographic constraints preclude the ability to bury the culverts as
described above and/or it can be demonstrated that burying the culvert would result in
destabilization of the channel, then exceptions to this condition require application
submittal to, and written approval by, the Division of Water Quality, regardless of the total
impacts to streams or wetlands from the project.
Installation of culverts in wetlands must ensure continuity of water movement and be
designed to adequately accommodate high water or flood conditions. Additionally, when
roadways, causeways, or other fill projects are constructed across FEMA-designated
floodways, or wetlands, openings such as culverts or bridges must be provided to maintain
the natural hydrology of the system as well as prevent constriction of the floodway that
may result in destabilization of streams or wetlands.
The establishment of native, woody vegetation and other soft stream bank stabilization
techniques must be used where practicable instead of riprap or other bank hardening
methods.

Town of Kill Devil Hills
DWR# 04-0393 Q
V16
17 All temporary fill and culverts shall be removed and the impacted area returned to natural
conditions within 60 days of the determination that the temporary impact is no longer
necessary. The impacted areas shall be restored to original grade, including each stream's
original cross sectional dimensions, plan form pattern, and longitudinal bed and bed profile,
and the various sites shall be stabilized with natural woody vegetation (except for the
approved maintenance areas) and restored to prevent erosion.
U& All temporary pipes/ culverts/ riprap pads etc, shall be installed in all streams as outlined
the most recent edition • the North Carolina Sediment and Erosion Control Planning and
Design Manual or the North Carolina Surface Mining Manual so as not to restrict stream
flow or cause dis-equilibrium during use of this Certification.
19. Any riprap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall be restricted to the area directly impacted by the
approved construction activity. All rip-rap shall buried and/or "keyed in" such that the
original stream elevation and streambank contours are restored and maintained.
Placement of rip-rap or other approved materials shall not result in de-stabilization of the
stream bed or banks upstream or downstream of the area.
20. Any rip-rap used for stream stabilization shall be of a size and density so as not to be able to
be carried off by wave, current action, or stream flows and consist of clean rock or masonry
material free of debris or toxic pollutants. Rip-rap shall not be installed in the streambed
except in specific areas required for velocity control and to ensure structural integrity of
bank stabilization measures,
21. If this Certification is used to access building sites, then all lots owned by the applicant must
be buildable without additional impacts to streams or wetlands. The applicant is required
to provide evidence that the lots are buildable without requiring additional impacts to
wetlands, waters, or buffers if required to do so in writing by the Division. For road
construction purposes, this Certification shall only be utilized from natural high ground to
natural high ground.
t 2 Deed notifications or similar mechanisms shall be placed on all retained jurisdictional
wetlands, waters, and protective buffers within the project boundaries in order to assure
compliance for future wetland, water, and buffer impact. These mechanisms shall be put in
place at the time of recording of the property or of individual lots, whichever is appropriate.
A sample deed notification can be downloaded from the Division's web site at
.EL�.orgZAp.�/ q/ OJ1 e t r The text of
the sample deed notification may be modified as appropriate to suit to a specific project.
Documentation of deed notifications shall be provided to the Division upon request,

Town of Kill DevO Hills
DWR# 04-0393 Q
Jb &J
it
0:11101111M
23. If an environmental document is required under the National or State Environmental Policy
Act (NEPA or SEPA), then this Certification is not valid until a Finding of No Significant
Impact (FONSI) or Record • Decision (ROD) is issued • the State Clearinghouse.
Pill iiiijillill��ll 1111111
25. This Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State, or Local approvals.
26. The applicant/permittee and their authorized agents shall conduct all activities in a manner
consistent with State water quality standards (including any requirements resulting from
compliance with §303(d) of the Clean Water Act), and any other appropriate requirements
of State and Federal Law. If the Division determines that such standards or laws are not
being met, including failure to sustain a designated or achieved use, or that State or Federal
law is being violated, or that further conditions are necessary to assure compliance, then
the Division may reevaluate and modify this Water Quality Certification,
27. Upon completion of all permitted impacts included within the approval and any subsequent
modifications, the applicant shall be required to return the certificate of completion
attached to the approval. One copy of the certificate shall be sent to the DWR Central
Office in Raleigh at 1650 Mail Service Center, Raleigh, 127699-1650.
28. Additional site-specific conditions, including monitoring and/or modeling requirements,
may be added to the written approval letter for projects proposed under this Water Quality
Certification in order to ensure compliance with all applicable water quality and effluent
standards.
29. This certification grants permission to the director, an authorized representative of the
Director, or DENR staff, upon the presentation of proper credentials, to enter the property
during normal business hours.
This approval to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application shall expire upon expiration • the 404 or CAMA Permit. The
conditions in effect on the date of issuance shall remain in effect for the life • the project,
regardless of the expiration date • this Certification. [15A NCAC 02H .0507(d)(2) and 15A NCAC
#214.0506)

ffi
�
lndividuaV Certification #4038
Non-compliance with or violation of the conditions herein set forth may result in revocation •
this Certification and may also result in criminal and/or civil penalties.
This the 6th day of November 2015
Karen Higgins, Supervisor
401 & Buffer Permitting Unit
RM