20180699 Ver 1_Town of Kitty Hawk Permit_20180731

Permit Class
NEW
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 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Permit Number
79-18
Issued to The Town of Kitty Hawk et. al., PO Box 549, Kitty Hawk, NC 27949
Authorizing development in Dare County at adj. to Kitty Hawk Bay, at 3789, 3793, 3797,
3801, & 3809 Moor Shore Rd., in Kitty Hawk , as requested in the permittee's application dated 4/30/18,
including attached workplan drawing (1), dated "Revised 4/23/18 and Received DCM-EC 5/7/18".
This permit, issued on July 31, 2018 , 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.
Shoreline Stabilization — Offshore Sills
1) The offshore sills shall be constructed in accordance with the alignment depicted in the workplan
drawings.
2) The alignment of each of the authorized offshore sills shall be staked by the permittee and verified by
a representative of the Division of Coastal Management within a maximum of 30 days prior to the
start of construction.
3) If the crossing of wetlands with mechanized construction equipment is necessary, temporary
construction mats shall be utilized for the areas to be crossed. The temporary mats shall be removed
immediately upon completion of construction.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or other Signed by the authority of the Secretary of DEQ and the
qualified persons within twenty (20) days of the issuing date. Chairman of the Coastal Resources Commission.
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, 2021
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Town of Kitty Hawk et al.
ADDITIONAL CONDITIONS
Permit No. 79-18
Page 2 of 3
4) The offshore sills shall be constructed with an equal gap between each sheathing board totaling at least
two inch of open area for every two linear foot of offshore sill. The offshore sill sections shall have at
least one, five foot minimum opening at every 100 feet. The offshore sill sections may be staggered and
overlap as long as the five foot minimum separation between sections is maintained. Overlapping
sections shall not overlap more than 10 feet.
5) As indicated by way of "Note 1" on the attached workplan drawing, the offshore sills shall be set back a
minimum of 15 feet from the riparian lines of the adjacent riparian properties that are not party to this
application.
6) Should any property that is listed in the application as being a party to this permit be sold prior to the
commencement of the offshore sills, the permittee shall obtain a written agreement from the new owner
waiving the minimum setback and submit it to the Division of Coastal Management prior to initiating
construction of the offshore sills
7) No backfill of the offshore sills or any other filling of wetlands, estuarine waters, public trust areas or
high ground is authorized by this permit.
8) The height of the permitted offshore sills shall not exceed six inches above the normal water level.
9) The offshore sills shall be marked at 50 foot intervals with yellow reflectors extending at least three feet
above the normal water level.
10) The permittee is advised that submerged aquatic vegetation (SAV) habitat exists in close proximity to
the authorized project. All available precautions shall be utilized to ensure that damage to SAV habitat
does not result from the construction of the authorized offshore sills. The offshore sills shall be located
in areas with no SAV coverage at the time of construction, to the greatest extent practicable.
11) In accordance with commitments made by the permittee, upon completion of the offshore sills, the
Estuarine Waters located between the offshore sills and the existing Coastal Wetlands shall be planted
with native Coastal Wetland species, all expressly and specifically detailed in the attached narrative and
workplan drawing. This Coastal Wetland planting area shall be monitored by the permittee, and the
permittee shall be responsible for replanting if deemed necessary by the Division of Coastal
Management (DCM), for a minimum period of 5 years after the first planting event, or until the DCM
has notified the permittee in writing that the Coastal Wetland plantings have acclimatized or naturalized.
Documentation of the monitoring results shall be provided annually to the DCM prior to December 31 st
of any year. If, after 5 years, the DCM determines the plantings have not acclimatized or naturalized,
remediation or removal of the planting area may be required.
12) To comply with Conditions No. 11 and 12 of this permit, no Coastal Wetland plantings shall occur
within 10 feet of any SAV species, during any individual planting event.

Town of Kitty Hawk et al.
ADDITIONAL CONDITIONS
General
Permit No. 79-18
Page 3 of 3
13) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable
waters at or adjacent to the authorized work.
14) The permittee understands and agrees that, if future operations by the United States requires the
removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the
opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause
unreasonable obstruction to free navigation of the navigable waters, the permittee shall be required,
upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or
obstructions caused thereby, without expense to the United States or the state of North Carolina. No
claim shall be made against the United States or the state of North Carolina on account of any such
removal or alteration.
15) 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.
16) In order to ensure compliance with the conditions of this Permit, the permittee and his contractor shall
schedule a pre -construction conference with the Division of Coastal Management prior to project
initiation.
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: This permit does not convey any rights, either in real estate or material.
NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General
Permit 198000291 (Action ID SAW -2018-01081) issued 7/25/18.
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification 4144 and assigned the project DWR Project No. 18-0699.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination.
NOTE: An application processing fee of $400 was received by DCM for this project. This fee alsc
satisfied the Section 401 application processing fee requirements of the Division of Water
Resources.