20141138 Ver 2_Approval Letter_20161128

Environmental
Quality
NOTA CAMA PERMIT
November 28, 2016
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
JAY ZIMMERMAN
DWR Director
DWR # 2014-1138 Ver. 2
Dare County
Kitty Hawk Landing Association, Inc.
Attn: Mr. Robert Darden and Mr. Peter Collins
PO Box 923
Kitty Hawk, NC 27949
Subject: Approval of 401 Water Quality Certification with Additional Conditions
KH Landing South Entrance Dredging
Dear Messrs. Darden and Collins:
You have our approval for the impacts listed below for the purpose described in your application dated
November 1, 2016 and received by the Division of Water Resources (Division) on November 7, 2016.
These impacts are covered by the attached Water Quality General Certification Number 3900 and the
conditions listed below. This certification is associated with the use of CAMA Major Permit and General
Permit(s) 198000291 issued by the US Army Corps of Engineers (USACE). This Certification allows you to
use the CAMA Major Permit when the Division of Coastal Management issues it. 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 approval requires you to follow the conditions listed in the enclosed certification(s) or general
permit and the following additional conditions:
1. The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification are met. No other impacts are approved,
including incidental impacts. [15A NCAC 02B .0506(b)(c) and 15A NCAC 02B. 0233(8)]
Type of Impact
Amount Approved Amount Reduced
Plan location/
(units) (units)
Reference
Permanent Temporary
Attached
Open Water
OW -1 (Dredge)
South Entrance
2.02 (acres) 0 (acres)
Dredging CAMA
Plan
2. 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 Certification. If
you change your project, you must notify the Division and you may be required to submit a
- � Nothing Compares `_-
State of North Carolina I Environmental Quality I Water Resources -Water Quality Regional Operations Section -Washington Regional Office
943 Washington Square Mall, Washington, North Carolina 27889
252-946-6481

KITTY HAWK LANDING ASSOCIATION, INC.
ATTN: MR. ROBERT DARDEN AND MR. PETER COLLINS
DWR# 2014-1138 VER. 2
401APPROVAL
Page 2 of 5
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 General Certification and is responsible for
complying with all conditions. [15A NCAC 02B .0507(d)(2)]
3. Water Qualitv Certification
The proposed project must comply with all the conditions of the General Water Quality
Certifications) 3900. [15A NCAC 02B .0507(c)]
Continuing Compliance
4. No waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind occur in wetlands, waters, or riparian buffer areas
beyond the footprint of the impacts depicted in the application. All construction
activities, including design, installation, operation, and maintenance of sediment and
erosion control Best Management Practices, shall be performed so that no violation of
state water quality standards, statutes, or rules occur. [15A NCAC 02H .0501 and .0502]
5. Please note that the area surrounding the channel contains submerged aquatic
vegetation (SAVs). No impacts to SAVs are authorized by this certification outside the
approved impacts specified herein. [15A NCAC 07H .0208(b)]
6. 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 permitee/contractor shall immediately contact the
Division of Water Quality, between the hours of 8 am to 5 pm at the Washington Regional
Office at 252.946.6481 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]
7. Turbidity Standard
The Permittee shall adhere specially to 15A NCAC 02B .0222 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 .0220]
8. Spills

KITTY HAWK LANDING ASSOCIATION, INC.
ATTN: MR. ROBERT DARDEN AND MR. PETER COLLINS
DWR# 2014-1138 VER. 2
401 APPROVAL
Page 3 of 5
The permittee shall report to the local DWR Regional Office, within 24 hours, all significant
spills as defined under Section 311 of the Clean Water Act (Ref; 40 CFR 110.10 and CFR
117.21) or section of CERCLA (Ref: 40 CFR 302.4). Additionally, the permittee shall report
spills including: any oil spills of 25 gallons or more and any spill regardless of amount that
causes sheen on surface waters.
Other Conditions
9. Re Opener Clause
Kitty Hawk Landing Association, Inc. and their authorized agents shall conduct their
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 law and federal law. Kitty Hawk Landing
Association, Inc. shall require their contractors (and/or agents) to comply with all of the
terms of this Certification, and shall provide each of their contractors (and/or agents) a
copy of this Certification. A copy of this Certification shall be included in the construction
contract and available on the job site at all times. If DWR 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, DWR may reevaluate and modify this certification to include
conditions appropriate to assure compliance with such standards and requirements in
accordance with 15A NCAC 2H.0507(d). Before modifying the certification, DWR shall
notify the Kitty Hawk Landing Association, Inc. and the US Army Corps of Engineers,
provide public notice in accordance with 15A NCAC 2H.0503 and provide opportunity for
public hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall
be provided to DWR in writing, shall be provided to the United States 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.
10. Upon completion of all work approved within the 401 Water Quality Certification or
applicable Buffer Rules, any subsequent modifications, the applicant is required to return
the attached certificate of completion to the 401 & Buffer Permitting Unit, NC Division of
Water Resources, 1617 Mail Service Center, Raleigh, NC 27699-1650. [15A NCAC 02H
.0507 (c)]
11. The applicant and/or authorized agent shall provide a completed Certificate of
Completion form to the Division within thirty (30) days of project completion (available
at http://Portal.ncdenr.org/web/wq/swp/ws/401/certsandpermits/apply/forms). [15A
NCAC 02H .0506(b)(5)]
12. This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
These Certifications 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

KITTY HAWK LANDING ASSOCIATION, INC.
ATTN: MR. ROBERT DARDEN AND MR. PETER COLLINS
DWR# 2014-1138 VER. 2
401APPROVAL
Page 4 of 5
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 B:OOam and S:OOpm, 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 Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699-6714 Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DENR:
Sam H. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division under section 401 of the Clean Water Act. Please contact
Anthony Scarbraugh at 252-948-3924 or [e-mail] if you have any questions or
concerns.
Sincerely,
191
-If Robert Tankard, :Assistant:qi
alSupervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
Enclosures: GC 3900
Certification of Completion

KITTY HAWK LANDING ASSOCIATION, INC.
ATTN: MR. ROBERT DARDEN AND MR. PETER COLLINS
DWR# 2014-1138 VER. 2
401 APPROVAL
Page 5 of 5
cc: Doug Huggett, DCM Morehead City Office (via email)
Josh Pelletier, USACE Washington Regulatory Field Office (via email)
Laserfiche
File
Brian Rubino, Quible & Associates, P.C. (via email: [e-mail])

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KITTY HAWK, NC 27949 IVU V G G I-"
3. PERMITTED WORK UNDER CAMA MAJOR PERMIT 153-09: Re Tonal
80 LF X 25 FT TO —4.0 FT (NWL) = Water Quality 9
2,000 SF , 111 CU YRDS Operations Section
Washington Regional Office
4. PROPOSED WORK:
A. NEW PROPOSED CHANNEL EXPANSION:
2,166 LF X 40 FT (38FT BOX CUT) TO —5.5 FT (NWL) _
84,353 SF , 3,058 CU YRDS (CALCULATED VOLUME BASED ON WATER DEPTH
SURVEY)
B. ADDTIONAL APPROX. —1.5 FT DEPTH (TO —5.5 FT) IN PERMITTED CHANNEL =
2,000 SF , 94 CU YRDS (CALCULATED VOLUME BASED ON WATER DEPTH
SURVEY)
C. TOTAL PROPOSED CHANNEL EXCAVATION (INCLUDING EXISTING PERMITTED WORK)
86,353 SF , 3,263 CU YRDS
5. THIS IS NOT A BOUNDARY SURVEY. BOUNDARY INFORMATION BASED ON DARE COUNTY
GIS TAX DATA. WATER DEPTHS, CHANNEL MARKER LOCATIONS AND SAV DELINEATION
WERE FIELD SURVEYED ON 6-21-2016 AND 6-27-2016 BY QUIBLE & ASSOCIATES,
P.C., USING GPS, RTK NETWORK. THIS INFORMATION SHALL NOT BE CONSIDERED A
CERTIFIED SURVEY. THIS SHALL BE CONSIDERED PRELIMINARY AND FOR PERMITTING
ONLY.
APPROVED
North Carolina Environmentae
Management Commission
Division of Water Resources
ia_ 1112Y' 20-y-�--
Permit # 2 t �(- I p � VE R -
DREDGE CHANNEL , Elf 9865/1a�6/345 w w
PER LAMA MAJOR x"I h' 3 w Y w
153-09 x
x -IS
w �
X-1
ED6E OF 5A x"25X ,.�F"
X-2. .1,; F. 2°
s w w w w w w w w w
04-3 .3 'r
X-3.,3
SHORELINE PER
"3-9113 33X :: + DARE COUNTY 615 w v w
PROPOSED
CHANNEL x" 68364. pe
2,166 LF X 40 FT x" 13 w w w w w v
AT —5.5 FT (NWL) w w y v w d o w
x"3 ;i: k. 1
w -y w �• w✓ w
X- �. ; . 5 EDGE OF 5AV
w w N/F
X, 3 ii 4! y- y EARTH RES9,/RCES 11
x"3- °�,z'•;;.1, 3 Deed Bookl"e 1846A
x3�0�bX��;,,,643X�1'i w w986�0.�03r y
FX15T1N6
GHAT'h. L M/!:Y.t-K
x.3. ? 3.�. 4-44 1
w w w w
DASHED L/NE x-3 8•��v���, 4• �3."�S w w
APPROX.-3• x 4�
EDGE OF 5AV -- -- - "3. 3.3.8x4k� •x"10 w w w w w
BASED ON {NATER
DEPTH MOT SURVEYED) 3�3_� � .I� 4• -3 � v v W
)!' w W w
x -s z-3 bid 3 °k°4 `F 3 8� DASHED LINE
w
X 4544 pxF�3l 25°X 4' APPROX y
EDGE OF 5A
BASED ON SNA
.60 DEPTH (NOT SUR D)
_SHORELINE PES
x,4.5Xs4 4.64.? 5 �X-5"4. t w w DARE COUNTY
x-4 hx�."k-y.3X.5'IX_y5X 5 �
x"4.1.g545.1� 51�-5t!5!
x-4 ii 54552-5-k-5bx-4
x"4.0-5.1�-5,bx53x"566-45
x,4.-i�.5!�c.5.5X-b QbS•8X 5�1r�
x5bxb(9 51Xybxy5
C -5.2x 5 �x-6 3x-5.bx y.�-5 i
v
u -
w w w y
a• w w .v .v w
w
w
NIP
EARTH RE5CMCE5 INC
Deed Boom-oge 1846/0189
98650050.3580
Elevations Table
Number
Minimum Elevation
Maximum Elevation Color
1
—7.000
—6.060
2
—6.000
—5.000 L
3
—5.000
—4.000
4
—4.00D
—3.000
5
1 —3.000
1 —2000
6-2-000
—1.000
7
—1.000
0.000
APPROVED
North Carolina Environmentae
Management Commission
Division of Water Resources
ia_ 1112Y' 20-y-�--
Permit # 2 t �(- I p � VE R -
DREDGE CHANNEL , Elf 9865/1a�6/345 w w
PER LAMA MAJOR x"I h' 3 w Y w
153-09 x
x -IS
w �
X-1
ED6E OF 5A x"25X ,.�F"
X-2. .1,; F. 2°
s w w w w w w w w w
04-3 .3 'r
X-3.,3
SHORELINE PER
"3-9113 33X :: + DARE COUNTY 615 w v w
PROPOSED
CHANNEL x" 68364. pe
2,166 LF X 40 FT x" 13 w w w w w v
AT —5.5 FT (NWL) w w y v w d o w
x"3 ;i: k. 1
w -y w �• w✓ w
X- �. ; . 5 EDGE OF 5AV
w w N/F
X, 3 ii 4! y- y EARTH RES9,/RCES 11
x"3- °�,z'•;;.1, 3 Deed Bookl"e 1846A
x3�0�bX��;,,,643X�1'i w w986�0.�03r y
FX15T1N6
GHAT'h. L M/!:Y.t-K
x.3. ? 3.�. 4-44 1
w w w w
DASHED L/NE x-3 8•��v���, 4• �3."�S w w
APPROX.-3• x 4�
EDGE OF 5AV -- -- - "3. 3.3.8x4k� •x"10 w w w w w
BASED ON {NATER
DEPTH MOT SURVEYED) 3�3_� � .I� 4• -3 � v v W
)!' w W w
x -s z-3 bid 3 °k°4 `F 3 8� DASHED LINE
w
X 4544 pxF�3l 25°X 4' APPROX y
EDGE OF 5A
BASED ON SNA
.60 DEPTH (NOT SUR D)
_SHORELINE PES
x,4.5Xs4 4.64.? 5 �X-5"4. t w w DARE COUNTY
x-4 hx�."k-y.3X.5'IX_y5X 5 �
x"4.1.g545.1� 51�-5t!5!
x-4 ii 54552-5-k-5bx-4
x"4.0-5.1�-5,bx53x"566-45
x,4.-i�.5!�c.5.5X-b QbS•8X 5�1r�
x5bxb(9 51Xybxy5
C -5.2x 5 �x-6 3x-5.bx y.�-5 i
v
u -
w w w y
a• w w .v .v w
w
w
NIP
EARTH RE5CMCE5 INC
Deed Boom-oge 1846/0189
98650050.3580
w
w