RedactedNarrative: On june 11, 2018 at approximately 20:40, operator1 was operating his 24 ft. Chapparal on the intracoastal waterway near 49th street in oak island.  He and three of his friends had just left josephs restaurant and were heading west back toward st james marina where he stores his vessel.  The weather was inclement and they were trying to get home before the rain and lightning became too bad.  
  
  At the same time, operator2 was paddling a 10 ft kayak on the left of the mainland side of the intracoastal wateway with a friend who was paddling his kayak on the oak island side of the waterway.  According to operator2, they left out before sunset and had planned on being back before dark.  They paddled west down the waterway and realized it was beginning to get dark and decided to turn around and head back.  
  
  The tide and current made the return trip take longer and resulted in the two kayakers being out past sunset.  The weather and cloud cover that day created low light/dark conditions earlier than usual.  According to operator2 and the other kayak, they heard and could see a vessel coming.  Operator2 stated that he turned to the port and began paddling towards the shoreline in an attempt to get out of the way of the oncoming vessel when he realized the vessel wasn't stopping.  
  
  Unfortunately this maneuver was taken too late and operator1's vessel struck operator2's.  According to operator1 and his occupants, they never saw either of the kayakers and did not realize anything until they felt the impact.  Upon impacting operator2 and his kayak, operator1 fell forward onto the console/windshield and received minor injuries to his face and right leg.  Operator2 received serious injuries as a result of being struck by the large 24 ft vessel.  His right arm was severely injured and he received several broken ribs, a punctured lung and a laceration on his liver.  
  
  Operator1 turned  around and picked up operator2 and the other kayaker called for assistance and took them to dutchman creek villas where ems responded.  Operator2 was taken to new hanover regional medical hospital and underwent surgery for his injuries.  Operator1 originally did not seek treatment but later on decided to be taken to dosher medical hospital in southport for his injuries.  Operator1 was treated and released.  
  
  It appears that this incident was a result of the kayakers being out in low light/dark conditions after sunset without any way to signal oncoming vessels.  They had no light to create a signal.  The weather conditions on this day would have created poor visibility conditions which would lend itself to not being able to see the kayakers on the waterway.  It does not appear at this time that alcohol or drugs played a role in this incident.  Operator1's vessel was equipped with all necessary safety equipment and pfds.  He utilized pfds from his vessel to throw out to the kayakers after the impact to aid them in floatation.  Based upon witness statements and evidence from the scene, it does not appear that the operation of either vessel involved amounted to negligent or reckless operation.  As a result no charges were filed. The kayaks were not equipped with pfds or any light with which to signal approaching vessels.
  
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