Director’s Note

In this edition of CAMAgram, I’d like to highlight a part of our program that often works behind the scenes, but is a critical component of our state coastal management program. Our division has seven staff in the Policy and Planning Section who are responsible for a wide variety of activities – including policy development, writing legislative reports, providing technical assistance to local governments, strategic planning, managing coastal access grants, and running our Clean Marinas and Marine Pumpout grant programs. I want to highlight some of the great work this small section within DCM does to protect the North Carolina coast.

The Policy and Planning Section works to support the N.C. Coastal Resources Commission (CRC), Coastal Resources Advisory Council, and CRC Science Panel. They assist with setting up meetings and agendas, drafting rule language, performing fiscal analyses for proposed rules, arranging public hearings, and keeping track of rules throughout the complicated rulemaking process. They also handle federal grant programs and coordinate state interagency reviews of proposed federal activities along the North Carolina coast.

The staff also work on complex coastal policy issues, many of which you can read about below. For example, the staff are currently working on living shorelines, coastal hazards, and beachfront management issues, to name just a few. They also calculate long-term average annual oceanfront shoreline change rates, which are used for oceanfront setbacks.

The division’s three planners support local governments in developing and updating local CAMA land use plans, and also manage our beach and waterfront access grant program, which provides local governments with matching grants for projects to improve pedestrian access to the state's beaches and waterways. 

Our clean marina coordinator works with coastal marinas to certify them in our Clean Marina Program, and also coordinates our Clean Boater and Pumpout grant programs. You can read more about those programs below as well.

The work of the policy and planning staff not only directly supports the regulatory work of the division, it has a significant impact on the overall well-being of coastal North Carolina.

I’d also like to fill you in on some other important news – I’ve recently been asked to assume the responsibility of overseeing the Division of Marine Fisheries in addition to leading the Division of Coastal Management. You can read more about this development in the first article below.

As always, we hope that you will share this newsletter with colleagues and friends, and let us know if you have any suggestions for future newsletters. If you would like to have your name added or removed from the email list, please email your request to Michele.Walker@ncdenr.gov. Additional coastal program information can also be found on our website, http://www.nccoastalmanagement.net.

Braxton Davis, Director of Coastal Management and Marine Fisheries

In this issue:

• Davis named to lead marine fisheries agency
• Rule changes for land use planning benefit local governments
• DCM works to advance living shorelines in North Carolina
• CRC approves “development line” rules
• CRC releases updated sea level rise study report
• DCM completes beach erosion study
• Clean Marina program news – resilient marinas and inland marinas
• Pumpout grant funding available
• Buckridge Coastal Reserve will soon add a vital missing piece
• Sustainable tourism workshop highlights importance of coastal resource conservation
• DCM has a new website
• Staff kudos

Davis named to lead marine fisheries agency

State environmental department Secretary Donald R. van der Vaart has named DCM director Braxton Davis to also lead the state’s Division of Marine Fisheries.

The divisions will remain separate entities housed under the state’s environmental agency, and Davis will lead both divisions as director. The department intends to examine ways in which the two divisions can achieve efficiencies in operations.

“Braxton’s knowledge of state and national coastal issues, and his experience as director of our coastal management division, made him the perfect choice to lead both groups,” said Secretary van der Vaart. “His extensive background in coastal science and management will allow him to bring these two groups together in an effective and exciting way, and enhance protection of our state’s coastal and marine resources.”

Davis began his tenure as director of the state’s coastal agency in September 2011, after serving as policy director for the South Carolina coastal program. He holds a doctorate in marine affairs from the University of Rhode Island, a master’s degree in biological sciences from Florida International University, and a bachelor’s degree in environmental sciences from the University of Virginia.

“I am honored by the trust placed in me to lead these two very important coastal divisions,” Davis said. “Both divisions have a long history of working collaboratively in many areas, including regulatory, research, planning, conservation, and outreach activities, and I believe this move will only strengthen the partnerships we’ve developed over the years. I look forward to continuing our collaboration, and bringing both teams together to find more ways that we can improve our work and services.

“I plan to listen to, and work closely with staff, commission members, and other interested groups – both internal and external – to identify opportunities for efficiencies and improvements,” Davis continued. “I hope to develop draft recommendations for the future of both agencies later this year.”

Davis named Mike Lopazanski, chief of the coastal division’s policy and planning section, as acting assistant director of the Division of Coastal Management. Col. Jim Kelley will continue to serve as acting assistant director of Marine Fisheries, a role he has held since February. Lopazanski has worked for the coastal management division for 25 years, and has been head of its policy section since 2012. Kelley has been with the N.C. Marine Patrol for nearly 27 years and has served as its leader since February 2014.

Rule changes for land use planning benefit local governments

Amendments to the division’s 15A NCAC 7B Land Use Planning Guidelines and 15A NCAC 7L Planning and Management Grant Program rules will make it easier for local governments to implement and revise their local Coastal Area Management Act (CAMA) land use plans.

DCM staff held two workshops with local elected officials, local government planning staff and other interested parties to gain input on the rule revisions, and also relied on DCM staff experience in implementing the program as well as a previous study of land use planning by the Coastal Resources Commission. The amended guidelines provide increased flexibility for plan content and format; clarify that updates and amendments are voluntary; facilitate streamlined plan approval, amendment, and update processes; and promote integrated planning efforts.  

The intent of the amendments is to reduce regulatory and procedural burdens on local governments and to shift the program’s emphasis toward local government policies in support of coastal management goals.

Land use plans are currently certified by the Coastal Resources Commission at regular commission meetings. At their most recent meeting, the commission adopted a resolution to encourage the N.C. General Assembly to amend CAMA to delegate certification authority for local CAMA land use plans to the department, which would also speed up plan amendment and update approvals.

For more information, please contact Mike Lopazanski at mike.lopazanski@ncdenr.gov.

DCM works to advance living shorelines in North Carolina

Over the past several years, division staff have been working to encourage the use of “living shorelines” – options that use native materials such as plants and oyster shells – as alternatives to traditional bulkheads for shoreline stabilization and erosion control in estuarine areas of North Carolina. In cooperation with the Division of Marine Fisheries, DCM developed a “Living Shoreline Strategy” that addresses outreach, public awareness, financial incentives and short- and long-term implementation actions needed to advance the use of living shorelines in the state. 

Historically there has not been wide-spread use of living shorelines in North Carolina, in part due to unfamiliarity on the part of marine contractors and property owners with the techniques and their effectiveness, and a lack of information on long-term cost comparisons of living shoreline projects in comparison with more traditional shoreline stabilization methods.

In addition to concerted efforts aimed at outreach and training for property owners and contractors, DCM staff are working to streamline the permitting process for living shorelines, and for marsh sills in particular. The current General Permit for the construction of marsh sills requires coordination with the divisions of Marine Fisheries and Water Resources and the U.S. Army Corps of Engineers (USACE). After consultation with other resource agencies, the Coastal Resources Commission recently approved for public hearing changes to the General Permit that would remove the requirement that DCM coordinate with Marine Fisheries and Water Resources to help expedite the review process. DCM will continue to coordinate with the USACE and other federal and state agencies to review the specific conditions of the state General Permit and identify opportunities to further reduce permit processing timelines while ensuring adequate review for impacts to other public trust resources.

For more information, please contact Daniel Govoni at Daniel.govoni@ncdenr.gov.

CRC approves “development line” rules

In February, the Coastal Resources Commission adopted rule language that will allow oceanfront communities to establish a “development line” for oceanfront construction. The rules became effective April 1.

The new rules allow oceanfront communities with large-scale beach nourishment projects or inlet relocation projects to establish a “development line” as an alternative to the current “static vegetation line.” A static vegetation line (which represents the vegetation line that existed at the time of beach nourishment) must be established and used for measuring construction setbacks for any beach fill project of 300,000 cubic yards or more.

A “development line” would be a line established by a local government to represent the seaward-most allowable location of oceanfront development, provided the development or structure can meet the setback measured from the first line of stable natural vegetation. Under the development line rule, if vegetation has successfully established seaward following a beach nourishment project, buildings and accessory structures could move seaward up to the approved development line as long as other minimum setbacks are met. Local governments would need to request approval for a development line from the CRC.

Prior rules required local governments to receive a static line exception based on a demonstrated local government commitment to beach nourishment in order to allow development to use the construction setback measured from the vegetation line following a beach nourishment project. Under the static line exception procedures, if a local government does not demonstrate to the CRC its long-term commitment to beach nourishment, construction setbacks must be measured from the “static line.”

Communities can choose to establish a development line, or retain the existing static vegetation line and exception process.

For more information, please contact Ken Richardson at ken.richardson@ncdenr.gov.

CRC releases updated sea level rise study report

The Coastal Resources Commission delivered its updated sea level rise study report on March 1 to the N.C. General Assembly, as required by Session Law 2012-202. The report, prepared by the CRC’s Science Panel, looks 30 years into the future and uses the most up-to-date scientific research and long-term tide gauge data to project rates of sea level rise for the North Carolina coast. It makes those projections for five different areas along the coast, rather than projecting one single rate of rise for the entire state.  In addition to inviting public comment on the draft, the report was submitted to Dr. Robert Dean and Dr. James Houston, nationally renowned sea level rise experts, for technical review and comment.

“The report is an important tool that coastal local governments can use for future planning,” said commission chair Frank Gorham. “It gives a range of sea level values that might occur by 2045 across the N.C. coast, and can help planners estimate risks associated with sea level rise and accompanying coastal flooding during that time.

“Our focus now should be on non-regulatory, planning-based approaches to this problem,” Gorham continued, “recognizing that many programs that are already in place to address coastal erosion and flooding will also assist in protecting against potential sea level rise.”

The most current report is available for download on the division’s website. The Science Panel will continue to update the report every five years. 

For more information, please contact Tancred Miller at Tancred.miller@ncdenr.gov.

DCM completes beach erosion study

Session Law 2015-241 required the Division of Coastal Management to “study and develop a proposed strategy for preventing, mitigating, and remediating the effects of beach erosion.” The division’s recently completed study report includes a review of relevant literature and previous studies in North Carolina, an overview of an experimental structural approach to mitigating beach erosion in South Carolina, and draws upon the division’s 40 years of experience in analyzing shoreline change and permitting oceanfront development and engineering projects. Public input was also appended to the report.

Mitigating and remediating beach erosion includes several activities that are already in use in North Carolina, as well as others that are being developed. Current activities used in the state and elsewhere include beach nourishment, sandbag placement, hard structures (for example, terminal groins, seawalls, and jetties), inlet realignment, and relocation of structures. Some areas outside North Carolina use offshore breakwaters, wave energy dissipaters, and experimental technologies to help alleviate erosion. 

The report concludes that a state‐level beach management strategy is needed to better understand local and regional sediment budgets, maintain a healthy ecosystem, protect the public’s right to access and use the beach, protect property rights, and afford property owners (both public and private) with storm protection. Any new strategy should focus on continued investments in beach nourishment as the preferred alternative for mitigating beach erosion. The two largest obstacles associated with this approach are having dedicated, predictable funding sources and the identification of long‐term supplies of beach‐compatible sand resources.

For more information, please contact Ken Richardson at ken.richardson@ncdenr.gov.

Clean Marina program news – resilient marinas and inland marinas

North Carolina’s popular Clean Marina program could soon evolve into a program that not only helps marinas protect coastal water quality and the environment, but also helps them learn how to better withstand coastal storms. The Clean and Resilient Marinas Program would complement Clean Marina practices already in place and provide additional recommendations to strengthen local marinas’ ability to withstand natural and man-made disasters. 

Pat Durrett, DCM’s Clean Marina coordinator, is working with representatives from South Carolina, Georgia and Florida to develop a regional Clean and Resilient Marianas Program, based on a program already in use by some Gulf of Mexico states. The program will focus on issues such as emergency preparedness, stormwater management, and erosion control to assist marina operators in protecting human life and safety, protecting vessels from damage, and minimizing property damage from natural and man-made disasters, including hurricanes, nor’easters and other events.

Inland Clean Marinas
The Clean Marina program is moving inland! Our colleagues at the Wildlife Resources Commission recently began a Clean Marina certification program for inland marinas. Based on our coastal Clean Marina program, the new inland program is still working to certify their first marinas. We’re excited to welcome them to the Clean Marina family!

Clean Boater Program
The North Carolina Clean Boater program is an important part of the North Carolina Clean Marina program where boaters can show that they care about the environment. By adopting pollution prevention measures and using best management practices, North Carolina Clean Boaters can do their part in keeping our waterways and shores clean by learning and teaching clean boating habits and making sure watercraft are properly registered and meet the state safety requirements.

To become a North Carolina Clean Boater:

• Read “A Boaters’ Guide to Protecting North Carolina’s Coastal Resources.”
• Commit to clean boating by signing the pledge card located in the Clean Boater brochure.
• Mail your pledge card to the North Carolina Clean Boater Program office. We’ll send you a North Carolina Clean Boater sticker to display on your vessel.
• Use the services of North Carolina Clean Marinas when possible.

For more information, please contact Pat Durrett at pat.durrett@ncdenr.gov.

Pumpout grant funding available

The division currently has $116,000 available through the U.S. Fish and Wildlife Service Clean Vessel Act Program to continue funding our marine sewage pumpout grant program. The program, established as a result of the federal Clean Vessel Act of 1992, provides financial assistance to marinas and other boat-docking facilities for the installation and renovation of pumpout and dump stations. Since its establishment in 1995, the program has awarded more than $634,938 in grants for 99 pumpout projects to 88 marinas, including several municipal governments, and one state government operation.

The Clean Vessel Act provides grant funds for the construction, replacement, renovation and maintenance of facilities that assist recreational boaters in properly disposing of on-board septic waste. The program also provides information and education about the benefits of pumpout systems.

For more information, please contact Pat Durrett at pat.durrett@ncdenr.gov.

Buckridge Coastal Reserve will soon add a vital missing piece thanks to federal wetlands grant, military funding

At more than 27,000 acres, the Buckridge Coastal Reserve in Tyrrell County is already the largest of the 10 sites in the state’s Coastal Reserve program. Thanks to a grant from the National Coastal Wetlands Program and additional funding from the U.S. Air Force, the reserve will soon acquire an additional 2,040 acres, an area known as the Woodley Tract.

The addition will strengthen the link for more than 400,000 acres of upland and aquatic habitat in the area, including the Buckridge Reserve, Alligator River National Wildlife Refuge, Mattamuskeet National Wildlife Refuge, Pocosin Lakes National Wildlife Refuge, and tens of thousands of acres of other protected lands.

The reserve’s partnership with the U.S. Air Force and The Nature Conservancy through the Readiness and Environmental Protection Integration Program will provide 50 percent of the purchase price of the property, and will help secure operational boundaries around the Dare County Bombing Range. 

Located about 15 miles south of Columbia, N.C., the Buckridge site is part of the East Dismal Swamp, a wetlands complex of more than 320,000 acres in Dare, Tyrrell and Washington counties. The area provides habitat for many rare, threatened and endangered species, including the red wolf, bald eagle, Atlantic and shortnose sturgeon, red-cockaded woodpecker, and American alligator.

For more information, please contact Woody Webster at woody.webster@ncdenr.gov.

Sustainable tourism workshop highlights importance of coastal resource conservation

Coastal North Carolina relies on tourism to support local economies and provide jobs. Many visitors to the coast come because of beautiful views, pristine water quality, local seafood, and opportunities to be on the water and view wildlife. In an effort to preserve the cultural heritage and natural resources on the Crystal Coast while maintaining North Carolina’s robust tourism industry, local businesses participated in a Promoting Sustainable Tourism workshop in Beaufort this month. The workshop, hosted by the Coastal Reserve program and sponsored by the Carteret County Tourism Development Authority and NC GreenTravel, showcased how local businesses can implement green practices and use them as a marketing advantage.

Paula Gillikin, central sites manager for the N.C. Coastal Reserve, discussed how a healthy environment impacts tourism and how tourism-related businesses can contribute to coastal resource protection. For example, businesses can make a difference by reducing their use of single-use plastics such as drinking straws and water bottles, and encouraging their patrons to do the same. Business owners also learned how they can protect an unusual type of natural resource, the wild horses at the Rachel Carson Reserve and Cape Lookout National Seashore, by educating visitors about the importance of keeping their distance from the animals.

The workshop highlighted the department’s NC GreenTravel program, where businesses and organizations of all kinds can become certified and recognized for their commitment to sustainability. The application process may take some time and thought, but Tom Rhodes with NC GreenTravel expressed his willingness to help businesses with the process. Rhodes emphasized that the NC GreenTravel certification will give businesses a competitive edge as more travelers become interested in the environment and sustainability.

By encouraging sustainable tourism, the North Carolina coast and its wild and beautiful places will remain a desirable vacation destination for generations to come.

Workshop presentations and resources can be found on the Coastal Reserve website.

For more information, contact Whitney Jenkins at whitney.jenkins@ncdenr.gov.

DCM has a new website

You’ve probably noticed a new look and feel for the division’s website. It’s part of a change to the Department of Environmental Quality’s website, which took place in mid-February. As part of the state’s Digital Commons initiative, our new website has a similar look and feel to other agency websites across state government. This initiative gives users a similar experience across different agency websites, and allows the agencies to share resources, reduce costs, and standardize web processes. It includes a simplified navigation structure, consistent design, and accessibility considerations for disabled users. We’ve also made the site easier to use on mobile devices such as tablets and smart phones.

If you have any questions about our new site, or need help finding something, please contact our public information officer, Michele Walker, at Michele.walker@ncdenr.gov.

Staff kudos

In each newsletter we like to highlight recent kudos for our staff. Some nice words for the entire Morehead City office staff from a customer:

“Working with everyone on the staff in Morehead City is a pleasure. That includes everybody from the director through the admin staff. We used to dread the entire CAMA permitting process. Now we can look forward to getting things done in a timely and professional manner. We have respect for each and every one of you.”

Coastal training coordinator Whitney Jenkins received the following remarks from a participant in a workshop for realtors:

“Thanks so much again for all you and the presenters do to keep us informed. Please keep me informed of other workshops in the area and of course any projects that we could provide people power for. 

“Y’all are special and you can tell how much you love and care about what you do.”

DCM attorney Christy Goebel received this email from a plaintiff in a variance case:

“[We] would like to thank you so much for your help with the variance. You made the process very easy for us and made us feel very comfortable.”

Paula Gillikin and Lori Davis at the Rachel Carson Reserve received these comments from a university professor following a field trip for her students:

“I just wanted to drop you a note to thank you both for your time, energy and vast wealth of knowledge -- and the generosity of spirit in which you shared with our undergraduate students. We loved our tour of the Rachel Carsen Reserve and this greatly impacted our course work…”

“I have to mention that our Ecojustice students have come back to class energized about the work of NCDENR and NOAA is doing -- even to the point of wanting to work with you guys or try to coordinate an internship with NOAA. Our students felt that, despite the fact that you were the knowledgeable 'experts,' you communicated your research and knowledge in a way that was very effective (especially for our non-science majors) and you also were very receptive to their contributions -- especially when you asked them to email you results of their work/studies. This meant a lot to them (and us as coordinators).

“I can't say enough about the how hospitable you were, especially in how flexible and cheerful in making arrangements for our group. We also want to recognize how relevant and important the research being done at your facility is.”

A customer in Wilmington expressed his appreciation for the Wilmington office staff to our manager of major permits:

“He told me that he wanted to express his (and his firm’s) appreciation to DCM for the way that the DCM staff in Wilmington have worked with him on the Brunswick Town (Debbie Wilson, Tara MacPherson, and Heather Coasts are the ones who have been involved). He said that our staff down there have been some of the best he has ever worked with.”

 From a local public services director, regarding the Morehead City office staff:

“I would like to thank your staff for the excellent service provided to me in acquiring several general permits to dredge the Town’s waterways. From the first contact at your office, Receptionist Connie Mason, to your Field Officers Heather Styron and Ryan Davenport, to your District Manager Roy Brownlow, I was treated in a friendly and professional manor. The level of service I received was top notch and would be impossible to improve on. Your team went above and beyond to ensure that my needs were met. There are many other organizations that could learn a thing or two from your operation. My compliments to you and your staff on a job well done.”

From a customer, regarding major permits manager Doug Huggett:

“Just a note to let you know I received a CAMA permit renewal for one client and a renewal/minor modification for another today (Sunday) from Doug Huggett. His willingness to work weekends in order to try and catch up is certainly worthy of praise.”

A customer sent these comments regarding Wilmington field representative Jason Dail:

“I just wanted to let you know how much I have enjoyed working with Jason Dail over the years. Sometimes these CAMA permits can be frustrating for sales and building but Jason always has things well thought out and presents to me in a way I can relate to customer very well… Jason is most pleasurable and knowledgeable to work with.” 

DCM is always proud of our staff’s commitment to providing all of our customers with the best in customer s

Director's Note:

At a recent Coastal Resources Commission meeting, I shared an overview of Division of Coastal Management activities over the past year, including rule changes, updates to our land use planning guidelines, working with the CRC Science Panel, the CRC’s inlet management study, offshore energy, and critical habitat issues, just to name a few. You’ll read more about some of these initiatives below. 

But here I want to mention some things that we don’t often highlight – the day-to-day business of DCM, such as our Coastal Area Management Act permitting program. Each year, Division of Coastal Management staff and local permit officers issue thousands of development permits in the 20 coastal counties. In 2014, we issued 863 minor permits and 1,405 general permits, and made decisions on 126 CAMA major permits. While those numbers haven’t rebounded to the high levels we saw in the early-to-mid-2000s, it’s clear that coastal development is on the upswing as we enter the summer season. 

Another example is our Beach and Waterfront Access Program, which has awarded more than $45 million in grants for 432 access sites since 1983. In fiscal year 2012-13, the program funded 24 projects, and a fast-track 2014 grant process funded another eight access sites. All of that means that every year we’re adding more locations for the public to access North Carolina’s beaches and waterways. You can read about some recent access projects in our northern district in this issue of theCAMAgram. 

We hope that you have a safe and enjoyable summer, and as always, we hope that you will share this newsletter with colleagues and friends, and let us know if you have any suggestions for future newsletters. If you would like to have your name added or removed from the email list, please email your request to Michele.Walker@ncdenr.gov. Additional coastal program information can also be found on our website, http://www.nccoastalmanagement.net.

Braxton Davis, Director, N.C. Division of Coastal Management

In this Issue:

• Draft Sea Level Rise Report Released for Public Comment
• State Approves Consistency Submissions for Offshore Seismic Surveys
• CRC Proposes Use of “Development Line” as Alternative to Static Vegetation Line
• CRC Accepting Public Comments on Repeal of High Hazard Flood AEC
• CAMA Land Use Planning Rule Changes Approved for Public Hearing
• CRC Approves Draft Report for Periodic Review of CAMA Land Use Planning Rules
• Emory Receives Eure-Gardner Award
• DCM Awarded Funding for Pumpout Grant Program
• Spotlight on Public Access – Northern District
• Legislative Update
• Washington District Manager David Moye Retires
• Staff Kudos
• Legal Update

Draft Sea Level Rise Report Released for Public Comment

The CRC’s Science Panel has completed a draft five-year update of its 2010 report on sea level rise in North Carolina. The draft report was released in late March for public review and comment. The panel’s initial draft report was completed in December 2014, and forwarded to a technical peer review group for comment. The draft report and comments received to date are available for review on the Division of Coastal Management’s website.

Comments on the report may be submitted via email to Tancred Miller, DCM’s coastal and ocean policy manager, at Tancred.Miller@ncdenr.gov, through Dec. 31.

Required by Session Law 2012-202, the draft report provides estimated rates of sea level rise along the North Carolina coast during the next 30 years. The report uses data collected at five tide gauges along the North Carolina coast. The gauges are at Duck, Oregon Inlet, Beaufort, Wilmington and Southport. According to the report, historical data shows that sea level is rising across the entire coast of North Carolina. The data also indicate that the rate of rise varies depending on location, with the highest rates occurring on the northern coast, primarily due to greater rates of land subsidence, or sinking, in the Outer Banks. Using the most current research on global sea level rise, the panel used the tide gauge data to project potential future rates of sea level rise at each location.

Following the public comment period, the report will be finalized in early 2016 and delivered to the N.C. General Assembly by March 1, 2016. 

For more information, please contact Tancred Miller at Tancred.Miller@ncdenr.gov.
 

State Approves Consistency Submissions for Offshore Seismic Surveys

In April, DCM approved two consistency submissions from Spectrum Geo, Inc. and GX Technology for seismic surveying activities in the Atlantic Ocean that represent an initial step in the exploration for oil and gas resources off the North Carolina coast.

After careful review of the proposals, the division found both proposed projects to be consistent with the relevant enforceable policies of North Carolina’s coastal management program, with the following conditions and recommendations:

• As a condition of concurrence for both projects, the division will require a pre-survey meeting with representatives from the state divisions of Marine Fisheries and Coastal Management to review and discuss precise survey transects and timing in order to avoid, minimize, and mitigate any possible fisheries impacts or conflicts.
• Where practical, relocate proposed survey transects to avoid South Atlantic Fishery Management Council-designated Habitat Areas of Particular Concern, and important foraging, spawning and refuge areas.
• Conduct surveys at times that avoid potential use conflicts with offshore fishing tournaments, major recreational fishing areas, and seasonally-focused fishing.
• Follow the mitigation measures required by the Final Atlantic Geological and Geophysical Activities Programmatic Environmental Impact Statement that the U.S. Bureau of Ocean Energy Management established in 2014 for offshore oil and gas exploration.

Spectrum Geo, Inc. and GX Technology proposed to conduct separate Marine Geophysical Surveys via 2D seismic surveying off the North Carolina coast to gather geological and geophysical data that could provide information about the feasibility of future development of offshore oil and gas resources. A more thorough description of each of the projects, along with copies of the letters of concurrence sent to each company, is available on the division’s website.

The surveys would take place entirely in federal waters outside North Carolina’s coastal zone. State law does not require coastal development permits for projects outside the state’s coastal zone, but the federal Coastal Zone Management Act requires federal applicants to coordinate with the state for any proposed activity that affects land use, water use or any natural resource within the zone.

For more information, contact Daniel Govoni at Daniel.Govoni@ncdenr.gov.

CRC Proposes Use of “Development Line” as Alternative to Static Vegetation Line

The Coastal Resources Commission has approved for public hearing draft rule language that allows the use of a locally-established “development line” as an alternative to the “static vegetation line” and static vegetation line exception procedures currently in use for beachfront building setbacks in areas that have previously received large-scale beach nourishment projects.

A “development line” would be a line established by a local government that represents the seaward-most allowable location of oceanfront development, provided the development or structure can meet the setback measured from the first line of stable natural vegetation. Under the development line concept, if vegetation has successfully established seaward of its prior location, buildings and accessory structures could conceivably move seaward up to the approved development line as long as minimum setbacks are met. Existing rules require local governments to receive an exception to the “static line” based on a demonstrated commitment to beach nourishment and/or other erosion control alternatives (e.g. terminal groins) in order to allow development seaward of the setback that existed at the time of beach nourishment.

Local governments would need to request approval for a development line from the CRC. Communities could choose to establish a development line, or retain the existing static vegetation line and exception process.

In addition to the development line concept, the proposed rule amendments also amend the commission’s existing static line exception rules. Under current rules, a static vegetation line must be established for any beach fill project of 300,000 cubic yards or more, a five-year waiting period is required before a local government can request an exception to the static line, and structure sizes are limited to 2,500 square feet when constructed seaward of the static line. The proposed rule amendments would eliminate the five-year waiting period and the limitation on structure size.

For more information, please contact Ken Richardson at  Ken.Richardson@ncdenr.gov .

CRC Accepting Public Comments on Repeal of High Hazard Flood AEC

The Coastal Resources Commission is currently accepting public comments and holding public hearings on a proposal to eliminate the High Hazard Flood Area of Environmental Concern, or AEC. A list of public hearing dates and locations is available on DCM’s website. Comments on the proposed rule change will be accepted until June 1, and written comments may be sent to DCM Director Braxton Davis, 400 Commerce Ave., Morehead City, NC 28557.

The High Hazard Flood AEC [15A NCAC 7H .0304(2)] covers lands subject to flooding, high waves, and heavy water currents during a major storm. These are the lands identified as coastal flood with velocity hazard, or "V zones," on flood insurance rate maps prepared by the Federal Emergency Management Agency (FEMA). The High Hazard Flood AEC often overlaps with the Ocean Erodible and Inlet Hazard AECs.

Single-family residences located in the High Hazard Flood AEC are currently exempt from CAMA permitting requirements, provided that they are not within the Ocean Erodible or Inlet Hazard AECs, are constructed on pilings, and comply with the N.C. Building Code and local flood damage prevention ordinances as required by the National Flood Insurance Program. Although this type of development does not require a CAMA permit, it requires a site visit by a DCM field representative or CAMA Local Permit Officer in addition to an application for a permit exemption and a fee of $50.

The division is proposing to repeal the High Hazard Flood AEC because the current rules of the Coastal Resources Commission parallel the N.C. building code and national and local flood prevention standards, making the CRC standards no longer necessary.

For more information, please contact Mike Lopazanski at  Mike.Lopazanski@ncdenr.gov .

CAMA Land Use Planning Rule Changes Approved for Public Hearing

After hosting two regional land use planning workshops to seek input from local elected officials and planning staff on their experiences with the CAMA Land Use Planning Program, DCM staff have recommended several amendments to the 15A NCAC 7B Land Use Planning Guidelines in response to the input received from local governments.

These amendments include changes to streamline the land use plan amendment and update process, reduce the amount of analysis required, and shorter timelines for state review and certification of land-use plans and updates. The changes are expected to significantly reduce the regulatory burden on local governments, while maintaining coastal management standards for local planning activities.

The rule amendments were recently approved by the CRC, and will be sent to public hearing with a proposed effective date of Feb. 1, 2016.

CRC Approves Draft Report for Periodic Review of CAMA Land Use Planning Rules

The Coastal Resources Commission recently approved a draft report regarding the periodic review of 15A NCAC 7B CAMA Land Use Planning Requirements for submission to the legislative Rules Review Commission, or RRC.

N.C. Gen. Stat. §150B-21.3A, adopted in 2013, requires state agencies to review existing rules every 10 years. The division’s rules will be reviewed on a schedule established by the RRC. As rules become available for public comment, they will be available for review on the DENR website. 

The first of the division’s rules to be reviewed are the CAMA land use planning rules. The remaining rules will be reviewed in 2017.

The division is required to evaluate each of the existing rules and make an initial determination from one of these three classifications:

• Necessary with substantive public interest – the agency has received public comment on the rule within the past two years or the rule affects the property interest of the regulated public, and the agency knows or suspects that any person may object to the rule.
• Necessary without substantive public interest – the agency determines that the rule is needed, and the rule has not had public comment in the last two years. This category includes rules that identify information that is readily available to the public, such as an address or telephone number.
• Unnecessary – the agency determines that the rule is obsolete, redundant or otherwise not needed.

After division review of 15A NCAC 7B, along with a public comment period, four rules were designated asNecessary with substantive public interest. One rule was designated asNecessary without substantive public interestand two rules were designated asUnnecessary.

The RRC will review the final report and public comments to determine if it agrees with the agency classification of its rules. The RRC may change a classification of a rule to “Necessary with substantive public interest” but does not have the authority to declare a rule as “Unnecessary.” The RRC will send a final report to the Joint Legislative Administrative Procedure Oversight Committee (APOC) for consultation. The final determination on an agency’s rules becomes effective when the APOC reviews the report or on the 61^st day after receiving the report from the RRC if the APOC does not meet. The APOC may disagree with the commission’s determination and recommend to the General Assembly that the agency conduct a review of the rule the following year.

Rules designated as “Necessary without substantive public interest” will remain in the N.C. Administrative Code and rules designated as “Unnecessary” will be removed. Rules designated as “Necessary with substantive public interest” must be readopted following the usual rulemaking procedures.

For more information, please contact Mike Lopazanski at  Mike.Lopazanski@ncdenr.gov .

Emory Receives Eure-Gardner Award

At its February meeting in Atlantic Beach, the Coastal Resources Commission bestowed its highest honor, the Eure-Gardner award, on former Coastal Resources Commission Chairman Robert R. Emory.

Current CRC Chairman Frank Gorham presented the award to Emory.

The Eure-Gardner award is bestowed on those individuals and organizations who have made significant contributions to protecting the natural, cultural and economic resources of the coastal area. It is named for Thomas Eure, the first chairman of the CRC, and William Gardner, a long-time member and former chairman of the Coastal Resources Advisory Council.

Emory is the environmental manager at the Southern Timberlands Operations of Weyerhauser Co., where he has worked since 1972. He served on the Coastal Resources Commission for 20 years, from June 1994 through June 2014. He was appointed chairman of the CRC in November 2007 by then-Governor Mike Easley.

“Throughout the course of his time with the CRC, Bob was known for his fairness, his calm demeanor, and his willingness to hear all sides of each of the complex issues brought before the commission,” said Braxton Davis, director of the N.C. Division of Coastal Management. “For all of his efforts, his approach, and his leadership, he is truly deserving of the Eure-Gardner Award.”

Photo: CRC chair Frank Gorham, Lindy Emory, Bob Emory.

DCM Awarded Funding for Pumpout Grant Program

The U.S. Fish and Wildlife Service Clean Vessel Act grant program recently awarded $116,000 to DCM to continue funding our marine sewage pumpout grant program. The program, established as a result of the federal Clean Vessel Act of 1992, provides financial assistance to marinas and other boat-docking facilities for the installation and renovation of pumpout and dump stations. Since its establishment in 1995, the program has awarded more than $634,938 in grants for 99 pumpout projects to 88 marinas, including several municipal governments, and one state government operation.

The Clean Vessel Act provides grant funds for the construction, replacement, renovation and maintenance of facilities that assist recreational boaters in properly disposing of on-board septic waste. The program also provides information and education about the benefits of pumpout systems.

For more information, please contact Pat Durrett at  Pat.Durrett@ncdenr.gov .

Spotlight on Public Access – Northern District

DCM awards annual matching grants to local governments for projects to improve access to the state’s beaches and waterways under the Public Beach and Coastal Waterfront Access Grant Program. 

DCM’s northern district is an 11-county area that includes the ocean beach and inland shorelines of Currituck and Dare counties as well as the inland shorelines of Camden, Pasquotank, Perquimans, Chowan, Gates, Hertford, Bertie, Washington and Tyrrell counties. Below is a review of projects that have recently received a grant award in the northern district:

Dare County. The county is constructing a regional beach access and oceanfront park on a 6.67-acre site in the village of Rodanthe. The program is providing $130,000 in matching funds toward a restroom and picnic pavilion. PARTF is also contributing funds. Approximately $53,000 has been awarded to the Town of Kitty Hawk to expand beach access parking along Lillian Street and approximately $14,000 has been awarded to the Town of Nags Head to install a kayak launch at the Causeway Estuarine access site. 

Currituck County. The county has completed construction of a bathhouse at the Corolla Village Road beach access across from the Currituck Beach Lighthouse in historic Corolla Village. The program provided $130,000 in matching funds for the project. 

Camden County.  The county will soon begin construction of a park that includes shoreline, boating and restroom facilities on a 2.34-acre site along the Pasquotank River in southern Camden County. PARTF and the N.C. Wildlife Resources Commission are also contributing funds. The program has awarded approximately $140,000 in matching funds toward improvements. 

Pasquotank County.  Elizabeth City has acquired a 0.66-acre downtown waterfront property on the Pasquotank River and Charles Creek and has begun demolition of dilapidated structures on the property. The program has awarded approximately $328,000 in combined matching funds toward acquisition and improvements. 

Perquimans County.  The Town of Hertford has completed construction of a downtown pier/dock with boat slips on the Perquimans River behind the police station. The program has awarded approximately $31,000 toward the improvements. The Boating Infrastructure Grant Program administered by the Division of Marine Fisheries is also contributing funds. 

Chowan County. The county is constructing handicapped accessible shoreline, canoe/kayak, and site improvements at the 5.43-acre Pembroke Creek Park. The program has awarded approximately $150,000 toward the improvements. 

Hertford County. The Town of Murfreesboro has been awarded approximately $39,000 in matching funds to install a replacement boardwalk/pier behind River Street Park and $76,500 in matching funds toward shoreline and site improvements on a 2.41-acre site located at the end of Hart Street, on the Meherrin River The Wildlife Resources Commission, or WRC, is also contributing funds toward improvements at the Hart Street site. Approximately $77,000 has been awarded to the Town of Ahoskie to install a restroom facility at the Ahoskie Creek Recreational Complex. 

Bertie County.  The Town of Windsor has completed construction of a pier and canoe/kayak launch with parking on the Cashie River at Hoggard Mill Road. The program provided approximately $149,000 in matching funds toward the improvements. The Town of Windsor has been awarded $112,500 in combined matching funds to install a canoe/kayak launch and restroom and shower facility at the terminus of Elm Street off the Cashie River. WRC is also contributing funds toward improvements at the Elm Street site, which includes a town-owned campground and WRC boat ramp.

Washington County.  The Town of Plymouth has completed construction of a downtown pier/dock behind the Town Hall on the Roanoke River. The program has awarded approximately $33,000 in matching funds toward the project. 

Tyrrell County.  The county has been awarded $85,500 in matching funds to provide shoreline and site improvements at the 1.3-acre Veterans’ Park on the Scuppernong River across from the Town of Columbia. The town will soon complete installation of a canoe/kayak launch and access ramp off the public boardwalk on the Scuppernong River at the Pocosin Lakes National Wildlife Refuge. The program has awarded approximately $60,000 in matching funds toward the project. 

For more information on these projects please contact Charlan Owens, AICP, district planner in the Elizabeth City District Office. 

Legislative Update

Bills of interest in the current session of the General Assembly:

S160 - Enhance Safety & Commerce for Ports/Inlets

• Part 1 makes changes to the Shallow Draft Navigation Channel Dredging and Lake Maintenance Fund. Provides that, in addition to current sources, the fund may consist of money contributed by a non-state entity designated for a particular dredging project. It also allows the DENR secretary to waive the non-state cost-share requirement for dredging projects to alleviate navigational emergencies or supplement or leverage funding from the U.S. Army Corps of Engineers. The bill also would reserve $4 million of the fund for Oregon Inlet dredging, reserve $950,000 for costs associated with exploring options for acquiring lands adjacent to Oregon inlet and managing existing and future Outer Banks transportation corridors. The bill also reserves $250,000 for DENR to update the Beach and Inlet Management Plan, to include a recommended schedule for ongoing inlet maintenance.
• Part 2 establishes a Deep Draft Navigation Channel Dredging and Maintenance Fund. 
• Part 3 Directs the State Ports Authority to enter a Memorandum of Agreement with the U.S. Army Corps of Engineers, allowing for nonfederal funding of dredging and maintenance at the state ports. Part 3 also directs DENR to enter a similar memorandum of agreement with the U.S. Army Corps of Engineers for nonfederal funding of dredging of Oregon Inlet.
• Part 4 authorizes the N.C. Department of Administration’s secretary to acquire federal land for maintenance of deep draft navigational access to the Morehead City port.
• Part 5 would request approval from National Oceanic and Atmospheric Administration to adjust the boundary of the Zeke’s Island NERR by moving the western boundary 200 feet seaward, and would remove that area from the reserve. A corresponding amount of acreage would be added to the northern boundary of the island from adjacent acreage at Fort Fisher State Recreation Area. In addition, Part 5 would remove the southern component of the New Inlet Dam (“the Rocks”), which “impedes the natural flow of water between the Cape Fear River and the Atlantic Ocean.” Funds to implement this section may come from the Deep Draft Navigation Channel Dredging and Maintenance Fund.
• Part 6 would exempt the DENR waiver of non-state cost-share requirements for dredging from the state’s contested case provisions.
• Part 7 would establish a Coastal Waterways User Identification Number for certain vessels that are 24 feet or more in length. An annual fee for the number would be established according to the vessel length, not to exceed $1,250. Funds generated will be credited to the Shallow Draft Navigation Channel Dredging fund.
• Part 8 directs the CRC to amend its sandbag rules as follows: (1) Allow the placement of temporary erosion control structures on a property that is experiencing coastal erosion even if there are no imminently threatened structures on the property, provided the property is adjacent to a property where temporary erosion control structures have been placed;  (2) Allow the placement of contiguous temporary erosion control structures from one shoreline boundary of a property to the other shoreline boundary, regardless of proximity to an imminently threatened structure; (3) The termination date of all permits for contiguous temporary erosion control structures on the same property shall be the same and shall be the latest termination date for any of the permits; (4) Allow for the replacement, repair or modification of damaged sandbags that are legally placed with either a current permit, or with an expired permit whose status is being litigated by the property owner.
• Part 9 allows Dare Co. to use up to $3 million of occupancy taxes per fiscal year for maintenance of county waterways.
• Part 10 provides that Oregon Inlet is considered a transportation corridor.
• Part 11 gives coastal counties the authority to remove abandoned vessels from navigable waters.

S453 – Regulatory Reform Act of 2015
Directs the CRC to amend its sandbag rules as follows: (1) Allow the placement of temporary erosion control structures on a property that is experiencing coastal erosion even if there are no imminently threatened structures on the property, provided the property is adjacent to a property where temporary erosion control structures have been placed.  (2) Allow the placement of contiguous temporary erosion control structures from one shoreline boundary of a property to the other shoreline boundary, regardless of proximity to an imminently threatened structure. (3) The termination date of all permits for contiguous temporary erosion control structures on the same property shall be the same and shall be the latest termination date for any of the permits. (CRC directed to adopt temporary rules by Dec. 31 this year, then permanent rules).

H141 – Stormwater/Flood Control
Authorizes cities to use stormwater management programs to implement flood reduction techniques such as purchasing properties at high risk of flooding, elevating existing structures, and retrofitting structures to reduce flood risk. Only applies to cities in a county where the county has a population of 275,000 or greater and at least one city with a population of 225,000 or greater.

H345 – Currituck Co/Remove Abandoned Vessels
Gives Currituck Co. authority to remove abandoned vessels.

H346 – Counties/Public Trust Areas
Gives counties authority to enforce ordinances within public trust areas on ocean beaches.

H388 - Dare Co Local Option Sales Tax
Allows Dare Co. Board of Commissioners to levy a local sales tax of .25% to be used for dredging. A special election must be held and a majority of voters must approve the tax.

H591 – Cities/Public Trust Areas 
Gives coastal cities authority to regulate, restrict, or prohibit the placement, maintenance, location or use of structures that are uninhabitable and without water/sewer service for more than 60 days and unreasonably restrict the public’s right to use the state’s ocean beaches.

H760 – Regulatory Reform Act of 2015

• Requires the Department of Insurance, the Building Code Council, and the CRC to jointly study how flood elevations and building heights for structures are established and measured in the coastal region of the state, and to specifically consider how flood elevations and coastal building height requirements affect flood insurance rates and how height calculation methods might be made more consistent and uniform in order to provide flood insurance rate relief. Requires the agencies to engage a broad group of 20 stakeholders, including property owners, local governments, and representatives of the development industry. Results shall be submitted to the General Assembly no later than Jan. 1, 2016.
• If a rule is amended so that it imposes a less stringent burden on regulated persons, no fiscal note is required.
• Include coastal wetlands in measurement of protective riparian buffer in Neuse and Tar-Pamlico River Basins.

Washington District Manager David Moye Retires

Washington District Manager David Moye retired Dec. 31, 2014 after 30 years with the N.C. Department of Environment and Natural Resources, almost all of them with the Division of Coastal Management. David began his career at DENR with the Division of Marine Fisheries.

David was honored at the December 2014 CRC meeting with a certificate in recognition of his service to the State of North Carolina and his dedication to preserving the North Carolina coast.

DCM and the CRC will continue to benefit from David’s knowledge and experience as he was recently appointed to serve on the Coastal Resources Advisory Council.

Staff Kudos

In each newsletter we like to highlight recent kudos for our staff. A concerned citizen in a southern beach community sent the following email to Wilmington Office compliance officer Tara MacPherson:

“I appreciate so much that you have addressed my concerns [and those of others who have communicated with me]. I feel so much better knowing that you are guarding the dunes …. Thank you for all that you do.”

Another satisfied customer sent the following email to Wilmington Office field representative Robb Mairs, Major Permits Coordinator Doug Huggett, and Assistant Major Permits Coordinator Jonathan Howell:

“I want to take this opportunity to thank each of you for your help on this incredibly difficult project for me. I have never done a marina before and assumed the process would take me two years just to get it permitted – instead it took about six months! Your outfit has been great to work with…I don't believe I've ever worked with a government agency that has been so accommodating, efficient, and friendly... Thank you again for your assistance and professionalism.”

Major Permits Coordinator Doug Huggett also received the following letter from the mayor of Kitty Hawk following a recent storm event:

“On behalf of the Kitty Hawk Town Council and the citizens of Kitty Hawk, I would like to take this opportunity to thank the NC Division of Coastal Management for your immediate response to allow NCDOT to repair NC12 as a result of the recent Nor’easter … We know that this will not be the last storm to cause damage to NC12 and your continued support of NCDOT and the Town of Kitty Hawk is certainly appreciated.”

Coastal Training Program Coordinator Whitney Jenkins received these comments following a recent workshop for area realtors:

“Thank you!  That was an incredible workshop and so full of information. I’m going to have the Brunswick County Board of Realtors look into having that workshop here ...  Thanks so much!”

“Thank you Whitney, you did a great job organizing and getting interesting speakers! ”

DCM is always proud of our staff’s commitment to providing all of our customers with the best in customer service.
 

Legal Update of Active Cases

In the North Carolina Supreme Court:

The Riggings HOA v. CRC(New Hanover 09 CVS 2761) – The state appealed the Court of Appeals’ Order to the North Carolina Supreme Court. The COA ultimately held that the CRC should have granted the fifth variance request by the Riggings to allow sandbags to remain indefinitely at the site, subject to reasonable conditions. The court heard oral arguments on Oct. 6, 2014, and the court decided the case in December of 2014. The justices voted 3-3 (with Justice Hunter recusing himself as the author of the COA’s decision below), and so the COA’s decision stands but holds no precedential value. The case has now been remanded back to the Riggings and DCM staff for a variance rehearing before the CRC, scheduled for the commission’s September 2015 meeting.

Cases in the Office of Administrative Hearings:

Defenders of Wildlife & NWRA v. DCM and NCDOT (13 EHR 16087) – Appeal by Petitioners of DCM’s issuance of the CAMA permit authorizing the Bonner Bridge replacement bridge. The parties have completed the discovery phase of this case and are having continued discussions regarding settlement with the assistance of a mediator.

Director's Note:

When asked, I tell people I work with CAMA. In my experience, most people have never heard of the Division of Coastal Management, but it seems almost everyone on the coast knows CAMA. Some may know us from past permitting experiences, some from our public beach access sites, and some through our Coastal Reserve education and science programs. In whatever way you may have come to know CAMA, it is my sincere hope that you can be proud of the North Carolina coastal management program.

This year, the Coastal Area Management Act celebrates its 40^th anniversary. In 1974, the N.C. General Assembly passed this landmark legislation to guide development decisions in the 20 coastal counties of North Carolina. CAMA established the Coastal Resources Commission, the Coastal Resources Advisory Council, and a new partnership with local governments in permitting and planning for future coastal development. The core goal of the law is to maintain a delicate balance between safeguarding our magnificent coastal environment, encouraging public access to those resources, protecting private property and riparian rights, and fostering economic development.

Much has changed over the past four decades. During the 1980s, the coastal population grew at a rate almost twice that of the entire state. Six counties registered increases of more than 25 percent, led by Dare County at 70 percent. By the year 2000, most coastal counties saw growth rates of at least 20 percent. Currently, Onslow County is the fastest growing county in the state, with Brunswick, Pender and New Hanover Counties included in the top ten. Along with this burgeoning population has been an increase in the complexity of development proposals, as new projects are proposed in more environmentally sensitive areas, or adjacent to existing development where conflicts are more likely to occur.

The state coastal program has also changed and evolved over the years. For example, the regulatory program’s experience with routine coastal projects has led DCM staff to work with the CRC to establish General Permits for a wide variety of projects such as bulkheads, docks, and boat ramps. In fact, our rapid, on-site issuance of General Permits accounts for as much as 85% of the CAMA permits issued annually by DCM. In addition, over 100 Local Permit Officers, who serve within local governments across the coast and under authorities delegated by CAMA, continue to issue hundreds of Minor Permits each year for small-scale development projects. And our CAMA Major Permit offers a streamlined, one-stop-shop process where our staff can help walk an applicant through multiple state and federal reviews, often at reduced costs and within a far shorter timeframe than would otherwise be possible.

In our ongoing work to achieve the balance envisioned by CAMA, DCM and the CRC are making progress on some significant issues that you can read about below, including work on a comprehensive review of ocean inlet management in North Carolina, an update to a 2010 study on sea-level rise, and a new partnership to evaluate the state’s offshore sand resources. We hope that you will work with us to develop well-balanced solutions to these and other challenges in the years ahead.

As always, we hope that you will share this newsletter with colleagues and friends, and let us know if you have any suggestions for future newsletters. If you would like to have your name added or removed from the email list, please email your request to Michele.Walker@ncdenr.gov. Additional coastal program information can also be found on our website, http://www.nccoastalmanagement.net.

Braxton Davis, Director, NC Division of Coastal Management

In this Issue:

• CRC Identifies Inlet Management Priorities
• CRC Science Panel Begins Work on Sea-Level Rise Study Update
• DCM Works with ECU and BOEM to Evaluate N.C. Sand Resources
• CRC Considers Repeal of High Hazard Flood AEC
• Proposed Changes for CAMA Land Use Planning Program
• DCM awards nearly $600,000 in local government grants for access projects
• Wynns, Naumann resign from CRC
• Three sites certified, 12 others recertified as N.C. Clean Marinas
• Legislative Update
• Staff Kudos
• Legal Update

CRC Identifies Inlet Management Priorities

In 2013, the N.C. Coastal Resources Commission considered the creation of a Cape Fear River Area of Environmental Concern in accordance with Session Law 2012-202. At the conclusion of the one-year study, the commission determined that local governments adjacent to other ocean inlets often have to contend with issues similar to those identified by various stakeholder groups. As a result, the commission decided to undertake a coast-wide review of inlet-related development and management issues.

At the May CRC meeting, staff with the Division of Coastal Management presented 20 issue areas based on stakeholder input to date. Among these, the CRC identified the following 10 priority issues of interest:

Short Term Priorities                                          Long Term Priorities

Dredging Depths and Sediment Criteria Rules          Beneficial Use of Dredged Material
Erosion Rate Calculations for Inlet Hazard Areas     Inlet Management Plans
Emergency Permitting/Beach Bulldozing                Funding Sources and Partnerships
Static Vegetation Lines                                          Dredging Windows/Moratoria
Stockpiling of Sand                                                Monitoring Conditions

At its July meeting, the commission further refined the priority list, asking DCM staff to focus on the beneficial use of dredged materials; establishment of an Inlet Management Area for State Ports; development of alternatives to the “static vegetation line” rules; and examining the possibility of expanded dredging windows for beach and inlet projects.

More information on the study is available on our website.

For more information, please contact Mike Lopazanski at  Mike.Lopazanski@ncdenr.gov .

CRC Science Panel Begins Work on Sea-Level Rise Study Update

In a June 11 letter to the CRC Science Panel, CRC chair Frank Gorham communicated the commission’s charge to the panel regarding an update of the panel’s 2010 sea-level rise study report, and announced the appointment of Greg “Rudi” Rudolph, Carteret County Shore Protection Manager, to fill one of the vacant seats on the panel.

The CRC’s charge to the panel is to conduct “a comprehensive review of scientific literature and available North Carolina data that addresses the full range of global, regional and North Carolina specific sea-level change.” The CRC further directed the panel to limit the scope of the study to a 30-year rolling time table, to be updated every five years.

The Science Panel will continue to meet monthly with a goal of completing a draft report by Dec. 31. All meetings of the Science Panel are open to the public and are announced on the DCM website and by press release.

Once completed, the panel’s draft report will be forwarded to a technical peer review group for comments. The draft report and all comments will be submitted to the CRC and released for public comment by March 31, 2015. Following an extended public comment period, the report will be finalized in early 2016 and delivered to the N.C. General Assembly by March 1, 2016 as required by Session Law 2012-202.

For more information, visit http://portal.ncdenr.org/web/cm/sea-level-rise-study-update or contact Tancred Miller at Tancred.Miller@ncdenr.gov.

DCM Works with ECU and BOEM to Evaluate N.C. Sand Resources

The Division of Coastal Management will partner with East Carolina University on a two-year cooperative agreement funded by the U.S. Bureau of Ocean Energy Management (BOEM) totaling $200,000 to evaluate sand resources for coastal resilience and restoration planning.

Under the agreement, scientists from ECU and the University of North Carolina Coastal Studies Institute (UNC CSI) will work with DCM and Geodynamics LLC to evaluate and consolidate existing geological and geophysical data offshore North Carolina. These data will be used to identify and locate potential areas of sand resources, as well as benthic habitat, with the overall goal of making this data accessible to project planners and resource managers. ECU, UNC CSI and its partners will re-analyze existing data in northeastern North Carolina (north of Cape Hatteras) to develop a revised evaluation of sand resources with the latest available information. Areas for future resource surveys will also be identified.

“The North Carolina Division of Coastal Management is excited to be working with East Carolina University and the Bureau of Ocean Energy Management to perform this greatly-needed assessment of sand resources in North Carolina,” said DCM director Braxton Davis. “This project will help improve our understanding of the quality and quantity of sand deposits offshore of North Carolina for use by local governments and the state in planning future coastal storm damage reduction projects.”

The agreement will also help North Carolina develop tools to more readily share sand resource data with other agencies involved in coastal resilience planning.

For more information, please contact Mike Lopazanski at  Mike.Lopazanski@ncdenr.gov .

CRC Considers Repeal of High Hazard Flood AEC

As part of its annual review of the Coastal Resources Commission’s rules and policies, DCM earlier this year proposed that the Coastal Resources Commission consider the feasibility of eliminating the High Hazard Flood Area of Environmental Concern, or AEC.

The High Hazard Flood AEC [15A NCAC 7H .0304(2)] covers lands subject to flooding, high waves, and heavy water currents during a major storm. These are the lands identified as coastal flood with velocity hazard, or "V zones," on flood insurance rate maps prepared by FEMA. The High Hazard Flood AEC often overlaps with the Ocean Erodible and Inlet Hazard AECs.

Single-family residences located in the High Hazard Flood AEC are currently exempt from CAMA permit requirements, provided that they are not within the Ocean Erodible or Inlet Hazard AECs, are constructed on pilings, and comply with the N.C. Building Code and local flood damage prevention ordinances as required by the National Flood Insurance Program. Although this type of development does not require a CAMA permit, it requires a site visit by a DCM field representative or CAMA Local Permit Officer in addition to an application for a permit exemption and a fee of $50.

Because the CRC’s rules for this AEC defer to the state building code and require adherence to NFIP standards and local ordinances, DCM staff recommended that the CRC consider repealing the AEC. This action would remove approximately 15,000 properties from CRC permitting authority.

At its July meeting, the CRC voted to send the matter to public hearing. A date for the hearing has not yet been set.

For more information, please contact Mike Lopazanski at  Mike.Lopazanski@ncdenr.gov .

Proposed Changes for CAMA Land Use Planning Program

The Division of Coastal Management, in partnership with the Albemarle-Pamlico National Estuary Partnership, the Business Alliance for a Sound Economy and the North Carolina Coastal Federation, hosted two regional land use planning workshops earlier this year to seek input from local elected officials and planning staff on their experiences with the CAMA Land Use Planning Program, implementation of the 15A NCAC 7B Land Use Planning Guidelines, and to discuss possible new directions for the planning program.

In addition, workshop participants discussed new opportunities for increased technical assistance, streamlined plan reviews, and reduced local planning burdens through improved coordination with other planning requirements and activities. 

DCM is in the process of amending the 15A NCAC 7B Land Use Planning Guidelines in response to the input received from local governments. These amendments will include changes to streamline the land use plan amendment and update process, reduce the amount of analysis required, and incorporate other planning efforts to reduce redundancy in overlapping plans.

In the coming weeks, draft language will be presented to the Coastal Resources Commission and will also be available for review on DCM’s website. We would like to receive written comments regarding the proposed changes. Public input will be included in a report to the CRC at their December meeting. If you have any questions or would like further information on the rule changes, please contact Mike Lopazanski at mike.lopazanski@ncdenr.gov.

DCM awards nearly $600,000 in local government grants for access projects

The Division of Coastal Management awarded nearly $600,000 to eight local governments for projects to improve public access to coastal beaches and waters for the 2013-14 fiscal year.

The division awarded grants to the following local governments:

· Town of Swansboro received $35,250 to install a canoe/kayak launch, gangway, concrete walkway to parking, and a 45-foot boardwalk extension.

· Town of Kitty Hawk received $52,941 for the installation of 16 paved parking spaces and associated improvements at an existing beach access.

· Town of Atlantic Beach received $66,532 to replace and construct an Americans with Disabilities Act-compliant walkway and dune crossover.

· City of Washington received $120,000 for the construction of a pier.

· Town of Oriental received $47,250 to construct restrooms at the South Avenue Boat House Project.

· Town of Windsor received $31,500 for the construction of parking, kayak staging and a walkway.

· Town of Topsail Beach received $45,391 to construct an ADA-compliant dune crossover.

· Town of Morehead City received $200,000 for the construction of an open pavilion at an existing waterfront park.

The division’s Public Beach and Coastal Waterfront Access program provides matching funds to local governments in the 20 coastal counties. Governments that receive grants must match them by contributing at least 25 percent toward the project’s cost.

Funding for the grant program comes from the N.C. General Assembly through the state’s Parks and Recreation Trust Fund. Access projects may include walkways, dune crossovers, restrooms, parking areas, piers and related facilities. Funds also may be used for land acquisition or urban waterfront revitalization.

The grant program has provided more than $37 million for more than 300 public waterfront access sites since the program began in 1981.

For more information, please contact Mike Lopazanski at Mike.Lopazanski@ncdenr.gov.

Wynns, Naumann resign from CRC

CRC members Lee Wynns and Bill Naumann have resigned from the commission effective June 30.

Mr. Wynns, of Bertie County, filled the seat requiring experience in commercial fishing. He is retired as the president/operator of Perry-Wynns Fish Company, Inc. He served on the CRC for 11 years.

Mr. Naumann, of Craven County,filled the seat requiring experience in engineering or a marine-related science. He is the president of Transformation Venture Capital in New Bern, and previously served as the chairman of Hatteras Yachts Inc. He was appointed to the CRC in 2013.

DCM staff wish Mr. Wynns and Mr. Naumann the very best and appreciate their service to the state of North Carolina.

Three sites certified, 12 others recertified as N.C. Clean Marinas

Three coastal marinas have been certified, and 12 others re-certified, as North Carolina Clean Marinas, a designation given to marinas that go above and beyond the state’s environmental regulations. 

The Sea Harbour Condominium Yacht Club in Oriental, the Shallowbag Bay Marina in Manteo, and the N.C. Dept. of Transportation Bayview Ferry Terminal in Bath have most recently earned the status as North Carolina Clean Marinas.

The Clean Marina program recognizes marina operators that help safeguard the environment by using management and operation techniques that exceed environmental requirements. To earn the certification, the marina’s owners prepare spill prevention plans and conduct safety and emergency planning. Marina operators also control boat maintenance activities to protect water quality. Marinas must complete the re-certification process every three years in order to retain their certification as a North Carolina Clean Marina.

In addition to the three newcomers, 12 coastal marinas have been re-certified as North Carolina Clean Marinas. They are:

· The Boathouse at Front Street Village, Beaufort

· Carolina Beach State Park, Carolina Beach 

· Coinjock Marina, Coinjock 

· Cypress Landing, Chocowinity  

· Federal Point Yacht Club, Carolina Beach

· Harbor Oaks Boataminium, Carolina Beach 

· Harbour Village Marina, Hampstead

· Joyner Marina, Carolina Beach 

· Mona Black Marina, Carolina Beach 

· New Bern Grand Marina, New Bern 

· Southport Marina, Southport 

· Wilmington Marine Center, Wilmington 

Clean Marina is a voluntary program in which marina operators who choose to participate complete an evaluation form about their use of specific best management practices. If a marina meets criteria developed by the N.C. Division of Coastal Management, it will be designated as a North Carolina Clean Marina. Such marinas are eligible to fly the Clean Marina flag and use the logo in their advertising. The flags signal to boaters that a marina cares about the cleanliness of area waterways.

For more information, contact Pat Durrett at pat.durrett@ncdenr.gov.

Legislative Update

Bills of interest from this year’s session of the General Assembly:

S744 – Appropriations

· Creates a Coastal and Estuarine Water Beach Access Program/Fund with funds transferred from the Parks and Recreation Trust Fund. PARTF funds are traditionally used to fund beach and water access projects. The new fund is a special revenue fund consisting of gifts and grants to the fund along with General Assembly appropriations.

· Authorizes the acquisition of federal lands surrounding Oregon Inlet to manage existing and future transportation corridors on the Outer Banks and create a state park. Allows the governor, after the declaration of a state of emergency, to waive requirements for the repair or replacement of coastal bridges that are the only access to a barrier island.

· Signed by Gov. McCrory Aug. 7

S734, Regulatory Reform Act of 2014:

· Directs the CRC to not establish any new inlet hazard areas, and to repeal existing IHAs in areas that are the former location of an inlet that has been closed for at least 15 years; where the location no longer includes the current location of the inlet; or the location includes an inlet providing access to a state port via a channel maintained by the U.S. Army Corps of Engineers.

· Changes to contested case rules for CAMA permits, by removing the automatic stay provision on CAMA permits when appealed by third parties. The permit would remain in effect unless a stay is issued by an Administrative Law Judge.

· If a permit applicant submits a permit for development, and a rule governing the development changes before the application is approved, allows the applicant to choose which version of the rule will apply to the permit.

· Repeals the section of last year's regulatory reform bill that prevented local governments from enacting any ordinance stricter than state or federal law or rule, and requires DENR to submit a report to the ERC on Nov. 1, 2014 and Nov. 1, 2015 of any local government ordinances that impinge on or interfere with any area regulated by the department.

· Expands the Hardison amendment. All rules stronger than federal minimum standards are now automatically subject to legislative review.

· Signed by Gov. McCrory Sept. 18.

S788/S.L 2014-86 – Town of Duck/Eminent Domain – Allows Town of Duck to exercise eminent domain for beach erosion control, flood and hurricane protection projects.Ratified July 25.

H1248 – Authority to Remove Abandoned Vessels – Gives Washington County the authority to remove abandoned vessels from navigable waters.Passed the House, referred to Senate committee on state and local government.

Staff Kudos

In each newsletter we like to highlight recent kudos for our staff. A local marina owner recently sent a letter praising the efforts of Morehead City field representative Heather Styron:

“Ms. Heather Styron is an exceptional person to deal with... Ms. Styron dealt with us in [a difficult] atmosphere and did an outstanding job of sifting through the morass of miscommunication and provided a timely and excellent service. Her day by day handling of our dredging permit process was timely, accurate, and very professional.”

Wilmington field representative Holley Snider exceeded a customer's expectations when she helped him get a permit to add to his pier:

“In today’s hectic environment we tend to often be critical and seldom offer praise. However, the purpose of this letter is to inform you of the outstanding service I received from your associate, Holly Snider. I recently had to obtain a permit for a platform addition to my existing pier ... As I was only going to be in NC for three or four days prior to returning to Connecticut, I was under time constraint and Holly was very considerate and helpful. She came to look over the site on short notice and greatly assisted in completing the drawing and paperwork. It is not very often that you encounter someone with a caring attitude, especially in a government position where good will may not be a requirement. In any case, I am very pleased to praise Holly and her wonderful assistance. “

Wilmington field representative Heather Coats received this kudos from a customer:

“Just wanted to drop you a quick note to thank you for your valuable time on Wednesday. It was great meeting you and I appreciate your help and guidance in exploring options and discussing code requirements… Thanks again for your help and professionalism in helping us understand our options.”

Two recent visitors to the Rachel Carson Reserve sent in these comments about reserve manager Paula Gillikin:

“Recently I had the wonderful opportunity to explore Rachel Carson Reserve on a July 8th, 2014 summer field trip. (free!) It was a perfect summer morning. We were greeted by smiling interns, received excellent information about the reserve ecology and conditions from the Site Manager and our Captain, Paula Gillikin and had a good hike with a wonderful volunteer, Sue Suggs. It was our first visit and I cannot wait to return. Thank you for this chance to explore such a valuable asset to the North Carolina coast.”

“Really enjoyed a 2 hr. a.m. boat ride with Paula, as driver and guide, of NCDENR this week. WOW! She was great: informative, friendly and competent. This was the highlight of our trip. The group saw various types of birds which she told us about, dolphins and wild horses. We hope this program continues so we can do it again on our next trip south to this beautiful area.”

DCM is always proud of our staff’s commitment to providing all of our customers with the best in customer service.

Legal Update of Active Cases

In the North Carolina Supreme Court:

The Riggings HOA v. CRC(New Hanover 09 CVS 2761) – The state appealed the Court of Appeals’ Order to the North Carolina Supreme Court (and was granted review of other issues not in the COA dissent) which ultimately held that the CRC should have granted the fifth variance request by the Riggings to allow sandbags to remain indefinitely at the site. The Supreme Court also allowed the Riggings’ Petition for Discretionary Review on cross-appeal issues. The parties submitted new briefs and the Court heard oral argument on October 6. The Court’s decision is expected in early 2015. 

Cases in the Office of Administrative Hearings:

Defenders of Wildlife & NWRA v. DCM and NCDOT (13 EHR 16087) – Appeal by Petitioners of DCM’s issuance of the CAMA permit authorizing the Bonner Bridge replacement bridge. The parties have completed the discovery phase of this case and are having discussions regarding settlement before possibly moving to filing cross-motions for summary judgment and/or having a full contested case hearing.

Director's Note:

We all know that the coast is a place where significant economic potential, competing demands, sensitive environmental resources, and multiple federal, state, and local jurisdictions converge. It is a place where public and private rights exist in a delicate balance. And it is a place of constant change.

This is certainly true in North Carolina, where coastal tourism contributes more than $3 billion to the state’s economy each year, and development continues to expand along our 320 miles of ocean beaches, 12,000 miles of estuarine shoreline, and 2 million acres of sounds, creeks and marshes. Over time, the regulatory environment has also expanded. For example, beach and inlet management projects can be subject to a complex range of federal, state and local jurisdictions and rules that collectively attempt to balance economic opportunities, property rights and environmental stewardship. For this reason, it is important for the regulatory community to work closely with our stakeholders – and with each other – to find solutions to new issues and opportunities that arise.

In this issue of the CAMAgram, you’ll see that the Division of Coastal Management has been tasked by the Coastal Resources Commission to conduct a comprehensive review of ocean inlet management in our state. A range of recreational, commercial and military activities rely on safe navigation through ocean inlets and are vital economic engines for the coast. The dynamic movements of inlets can also present the most significant beach erosion hazards for oceanfront development. Through our ongoing study, we hope to identify regulatory and management changes that will improve the efficiency of inlet management projects and reduce our vulnerabilities to coastal erosion.

We also note that the division hosted a workshop in March to address recent proposals by the U.S. Fish and Wildlife Service and National Marine Fisheries Service to designate “critical habitat” along North Carolina’s beaches for the protection of threatened loggerhead sea turtles. Through interagency cooperation and the involvement of representatives from beach communities and other stakeholders, we are working as a community with the goal of improving the permitting process for beach projects while conducting more meaningful, comprehensive evaluations of threats to, and mitigation alternatives for, endangered species.

We sincerely appreciate the positive working relationships we have with our partner agencies and coastal communities in North Carolina. It’s not always easy, but we know that by working together, we give ourselves the best chance to maintain the delicate balance we have on the beautiful coast of North Carolina.

As always, we hope that you will share this newsletter with colleagues and friends, and let us know if you have any suggestions for future newsletters. If you would like to have your name added or removed from the email list, please email your request to Michele.Walker@ncdenr.gov. Additional coastal program information can also be found on our website, http://www.nccoastalmanagement.net.

Braxton Davis, Director, NC Division of Coastal Management

In this Issue:

• - CRC Holding Public Meetings on Inlet Management
• - Division Hosts Interagency Workshop Related to Recent Critical Habitat Designations
• - DCM Gets a New Website
• - DCM Co-hosts Workshops to Discuss Future Directions of CAMA Land Use Planning
• - DCM Rules Review Yields Proposals for Rule Changes in 2014 
• - Land Use Planning/Public Access Territory Changes
• - Photo Contest Highlights Beauty of N.C. Coastal Reserves 
• - New Bern’s BridgePoint Marina Certified as North Carolina Clean Marina
• - 2014 CRC Meeting Dates
• - Paula Gillikin Receives DENR Sustainability Award
• - Staff Kudos
• - Legal Update

CRC Holding Public Meetings on Inlet Management

The N.C. Coastal Resources Commission recently held a series of public meetings in March and April to hear from local government officials, citizens, and stakeholders about specific concerns related to the management of ocean inlets in North Carolina. The meetings were held in Buxton, Beaufort, Ocean Isle Beach and Wilmington.

These regional meetings are part of a new, comprehensive review of inlet management in the state by the CRC to more fully understand and respond to issues confronted by local governments and stakeholders in these dynamic areas. The commission is particularly interested in receiving input on inlet dredging issues, channel realignment projects, development standards for inlet areas, emergency measures such as beach bulldozing and sandbags, erosion rates in inlet areas, and terminal groins.

Information and public input from the meetings will be compiled by DCM staff and used to develop preliminary recommendations for the CRC to consider at their upcoming meeting, May 14-15, in Atlantic Beach. More information on the public meetings and the study is available on our website.

For more information, contact Matt Slagel at matthew.slagel@ncdenr.gov.

Division Hosts Interagency Workshop Related to Recent Critical Habitat Designations

The Division of Coastal Management is coordinating an effort to address the implications of recent federal proposals to designate critical habitat area for threatened and endangered species on the permitting of beach and inlet management projects.

On March 19, DCM joined other state and federal resource and regulatory agencies to meet with local government officials to discuss ways to streamline the permitting process for beach nourishment projects. Specifically, local governments have concerns regarding the length of time and the number of agencies that need to be consulted during the permitting process when a project may impact threatened and endangered species, critical habitats, and essential fish habitats in coastal North Carolina.

New Endangered Species Act consultations with federal agencies could potentially be handled in two ways – either through a coast-wide Programmatic Biological Opinion (PBO) or through an applicant-specific Habitat Conservation Plan. The coast-wide PBO would include specific criteria that would have to be met by each applicant. When met, an applicant would not have to conduct a project-specific consultation with the U.S. Fish and Wildlife Service. Another option would be for an applicant to develop a Biological Opinion or Habitat Conservation Plan (HCP) for a specific subregion, which could cover the applicant for future projects that would affect threatened and endangered species.

Based on local government interests in a coast-wide approach, DCM will work with federal and state partners to develop the PBO for beach nourishment projects. During the March 19 meeting, DCM announced the availability of funds to sponsor a coast-wide biological assessment. The division is currently in the process of assembling an interagency Technical Advisory Group to develop a call for proposals and to assist in reviewing proposals and reports. The advisory group will include DCM, the state divisions of Water Resources and Marine Fisheries, the U.S. Army Corps of Engineers, U.S. Fish and Wildlife Service, and National Marine Fisheries Service.

For more information, contact Kevin Hart at Kevin.Hart@ncdenr.gov.

DCM Gets a New Website

The Division of Coastal Management has a new website! DCM’s website has been redesigned to more closely resemble the format of the Dept. of Environment and Natural Resources website, and reorganized to help our customers find information more quickly and easily. We’ve also added some new features to highlight important issues and events, along with an RSS feed for news releases. Check out the new site at /about/divisions/coastal-management.

For more information, or to provide feedback on the new website, please contact Michele Walker at Michele.walker@ncdenr.gov.

DCM Co-hosts Workshops to Discuss Future Directions of CAMA Land Use Planning

The Division of Coastal Management is hosting two regional workshops to work with local planning staff and elected officials on future directions for the CAMA Land Use Planning Program. The workshops are being co-hosted by the Albemarle-Pamlico National Estuary Partnership, the Business Alliance for a Sound Economy and the North Carolina Coastal Federation.

The first workshop was held in October in Wilmington. A second workshop planned for Plymouth in February was rescheduled twice due to winter weather, and will now be held May 22 at the Vernon G. James Research and Extension Center, 207 Research Station Rd, Plymouth. Everyone who was scheduled for the February workshop will not need to re-register. Visit the division’s Coastal Training Program website for more information on this workshop.

Discussion at the Wilmington workshop centered on local staff training on the land use planning process and data availability, a more streamlined process and approval of land use plans and amendments, and the need for differing approaches to planning for smaller and larger communities. DCM staff will prepare a complete summary of the workshops once both are completed.

For more information, please contact Mike Lopazanski at Mike.Lopazanski@ncdenr.gov.

DCM Rules Review Yields Proposals for Rule Changes in 2014

The Division of Coastal Management recently completed its annual review of the Coastal Resources Commission’s rules and policies, along with the division’s procedures for processing and making decisions on Coastal Area Management Act permits. This review resulted in several new proposals for consideration by the CRC:

• Amending adjacent property owner notification requirements to streamline exemptions for single-family residences in the Estuarine Shoreline Area of Environmental Concern;
• Amending the CRC’s rules to allow surface accessways to coastal shorelines (i.e., walkways from private residences to estuarine waters);
• Evaluating the feasibility of eliminating the beachfront High Hazard Area of Environmental Concern;
• Streamlining permits associated with upland boat basins so that two separate CAMA general permits are not required for these projects.

DCM received initial approval from the CRC at its February meeting to move forward with these suggested changes during 2014. Draft rule language will be presented to the commission at future meetings.

For more information, please contact David Moye at David.Moye@ncdenr.gov.

Land Use Planning/Public Access Territory Changes

Land use planning and public beach and waterfront access territories were redistributed in January 2014. The Washington district was split between the Morehead City and Elizabeth City district office planners. In addition, all of Onslow County was assigned to the Wilmington district office planner. Please note the changes below:

• Local governments located in Bertie, Camden, Chowan, Currituck, Dare, Gates, Hertford, Tyrrell, Pasquotank, Perquimans and Washington counties should contact: Charlan Owens, district planner, Elizabeth City.
• Local governments located in Beaufort, Carteret, Craven, Hyde, and Pamlico counties should contact: Maureen Meehan, district planner, Morehead City.
• Local governments located in Brunswick, New Hanover, Onslow,andPender counties should contact: Mike Christenbury, district planner, Wilmington.

For more information, please contact Mike Lopazanski at Mike.Lopazanski@ncdenr.gov.

Photo Contest Highlights Beauty of N.C. Coastal Reserves 

Congratulations to the winners of the 2014 N.C. Coastal Reserve Photo Contest! Winning photographs were chosen based on the number of "likes" each photo received from Facebook users on the N.C. Coastal Reserve's Facebook page.See the winning photographs on the reserve program’s website.

The photo contest represents a new opportunity for amateur photographers and coastal enthusiasts to share images of the unique resources found along North Carolina’s coast. Spanning from the Virginia to South Carolina borders, North Carolina’s reserve sites protect a variety of coastal habitats for research and education purposes. Providing access to these sites enhances the public’s understanding of estuarine environments and supports recreational activities such as boating, fishing, wildlife viewing, and photography. The annual photo contest hopes to build upon visitors’ enthusiasm for the animals, plants, and recreation opportunities found at the reserve sites, and inspire appreciation for North Carolina’s coastal ecosystems.

For more information, contact Kate Brogan at kate.brogan@ncdenr.gov.

New Bern’s BridgePoint Marina Certified as North Carolina Clean Marina

The BridgePoint Marina in New Bern is the newest facility to be certified as a North Carolina Clean Marina, a designation given to marinas that exceed minimum regulatory requirements.

The Clean Marina program illustrates how marina operators can help safeguard the environment by using management and operation techniques that exceed environmental requirements. To earn the certification, the marina’s owners prepare spill prevention plans and conduct safety and emergency planning. Marina operators also control boat maintenance activities to protect water quality.

Clean Marina is a voluntary program in which marina operators who choose to participate complete an evaluation form about their use of specific best management practices. If a marina meets criteria developed by the N.C. Division of Coastal Management, it will be designated as a North Carolina Clean Marina. Such marinas are eligible to fly the Clean Marina flag and use the logo in their advertising. The flags signal to boaters that a marina cares about the cleanliness of area waterways.

For more information, contact Pat Durrett at pat.durrett@ncdenr.gov.

2014 CRC Meeting Dates

Following are the dates and proposed locations for N.C. Coastal Resources Commission meetings in 2014:

• May 14-15 (Atlantic Beach)
• July 30-31 (Beaufort / Pivers Island)
• Oct. 22-23 (Wilmington)
• Dec. 17-18 (Beaufort / Pivers Island)

Paula Gillikin Receives DENR Sustainability Award

Rachel Carson Reserve manager Paula Gillikin has been awarded first place in the Individual-Small Project category of the 2013 Department of Environment and Natural Resources Sustainability Awards for a marine debris removal project at the Rachel Carson component of the National Estuarine Research Reserve.

The DENR Sustainability Awards are presented each year to individuals or groups of DENR employees who are committed to being an exemplary role model and leader in implementing the state’s initiatives for responsible environmental stewardship. 

Paula’s projectfocuses on engaging community volunteers, local businesses, and the local municipality in marine debris removal at the Rachel Carson Reserve. Since 2007, nearly 15,000 pounds of debris have been removed from the site. Green practices such as using biodegradable trash bags, re-purposing wood, and recycling plastics and aluminum are incorporated into clean-ups. The clean-ups also provide an opportunity for environmental education related to the impacts of marine debris and the importance of being responsible environmental stewards.

Congratulations Paula!

Staff Kudos

In each newsletter we like to highlight recent kudos for our staff. Holley Snider, field representative in DCM’s Wilmington office, received these accolades from a local property owner:

“I just wanted to comment on how helpful Holley has been throughout the process of getting the CAMA approval for my proposed boat lift and dock. She made the process extremely smooth for us, met us on site before we had even closed the lot and acted as an intermediary between the town and me.  She went above and beyond the call in making sure that I got everything right at the beginning so that I avoided problems and headaches down the line. She was tremendously helpful in guiding me through the process every step of the way and it was a pleasure to work with her.”

A local resident sent an email to DENR senior management with these positive comments about Rachel Carson Reserve site manager Paula Gillikin:

“Yesterday, I experienced another encounter with an exceptional NCDENR employee. Her name is Paula Gillikin. I was referred to her by a town official regarding the rules and regulations concerning an existing osprey nest. I called Ms. Gillikin, who was most helpful, agreed to meet with me on very short notice, relayed to me the requirements, and provided the proper contact information at the Wildlife Resources Commission, who has jurisdiction in this matter. Ms. Gillikin's input and assistance was so helpful. [She] should be commended for her approach to customer service.”

Patricia Hay in the Wilmington office received the following email from a customer she assisted on her second day working in that office:

“[M]ay I say how much I appreciate your very helpful and receptive response to my request for assistance. Your demonstrated personal enthusiasm and initiative truly made my day. Thank you for all your efforts on my behalf and please know the information you have provided is exactly what I needed.” 

Jessi Baker, fisheries resource specialist in Morehead City, received the following praise from a customer:

“I was so impressed with Jessi coming out to our site Saturday. She got right in there and helped … with the clam relocation in spite of the nasty weather. What a good feeling knowing people like her and you are working in the government system. She really went the extra mile on helping us through the complex process of permitting this little project. A true professional!”

DCM is always proud of our staff’s commitment to providing all of our customers with the very best in customer service.

Legal Update of Active Cases

In the North Carolina Supreme Court:

The Riggings HOA v. CRC(New Hanover 09 CVS 2761) – The CRC appealed the Court of Appeals’ Order to the North Carolina Supreme Court (and was granted review of other issues not in the COA dissent) which ultimately held that the CRC should have granted the fifth variance request by the Riggings to allow sandbags to remain indefinitely at the site. The Supreme Court also allowed the Riggings’ Petition for Discretionary Review on cross-appeal issues. The parties have submitted their new briefs and response briefs, and are awaiting word from the Supreme Court about a date for oral argument in this case.

Busik v. CRC and 1118 Longwood(Brunswick 11 CVS 2596) – On April 10, 2014, the North Carolina Supreme Court denied the Busik Petition for Discretionary Review, which sought an appeal from the November 2013 decision of the Court of Appeals which upheld the interpretation of the oceanfront erosion setback rule previously put forth by the CRC, DCM and the Local Permit Officer, that square footage of structures within the setback area is calculated for each structure separately.

Cases in the Office of Administrative Hearings:

Defenders of Wildlife & NWRA v. DCM and NCDOT (13 EHR 16087) – Appeal by Petitioners of DCM’s issuance of the CAMA permit authorizing the Bonner Bridge replacement bridge. The parties are in the discovery phase of this case.

Director's Note:

We’ve reached the end of another busy summer, and with it the end of a busy legislative session. This session resulted in some new laws affecting the Division of Coastal Management, including changes to the Coastal Resources Commission and Coastal Resources Advisory Council, along with some regulatory changes that will streamline some of our permitting processes. You’ll read more about those below.

We’ve also continued to move forward on several important studies associated with House Bill 819, including a study of the feasibility of creating a new Area of Environmental Concern for lands adjacent to the mouth of the Cape Fear River, and a study of the possibility of eliminating beachfront Inlet Hazard Areas of Environmental Concern. We look forward to continuing this work with the new Commission and Advisory Council.  The division is also working with coastal local governments on a comprehensive review of the land use planning program.

As always, we hope that you will share this newsletter with colleagues and friends, and let us know if you have any suggestions for future newsletters. If you would like to have your name added or removed from the email list, please email your request to Michele.Walker@ncdenr.gov. Additional coastal program information can also be found on our website, http://www.nccoastalmanagement.net.

Braxton Davis, Director, N.C. Division of Coastal Management

In this Issue:

• - New Members Appointed to N.C. Coastal Resources Commission
• - Critical Sea Turtle Habitat Proposed for Eastern U.S. Beaches and Waters
• - Two Public Hearings Scheduled for November
• - A Tamer Fourth of July at Masonboro Island
• - Education Coordinator Lori Davis wins EENC Environmental Educator of the Year 
• - Two Morehead City Marinas Certified as North Carolina Clean Marinas
• - North Carolina Hosts Governors South Atlantic Alliance
• - Check Out the New and ImprovedTidal Flat
• - Staff Kudos
• - Legislative Update
• - Legal Update
   

New Members Appointed to N.C. Coastal Resources Commission

Several new members have been appointed to the N.C. Coastal Resources Commission, following recent legislative action that changed the commission’s makeup and appointment authorities. The new members are as follows:

Appointed by Gov. McCrory:

· Frank Gorham (New Hanover County)– Mr. Gorham fills the coastal property owner or experience in land development seat. He will also serve as chairman of the commission. Mr. Gorham owns Sandstone Properties LLC.

· Greg Lewis (Carteret County)– Mr. Lewis fills the second seat for a coastal property owner or person experienced in land development. He currently serves as chairman of the Carteret County Board of Commissioners.

· Bill Naumann (Craven County)– Mr. Naumann fills the seat requiring experience in engineering or a marine-related science. He is the president of Transformation Venture Capital in New Bern, NC and previously served as the chairman of Hatteras Yachts Inc.

· Neal Andrew (New Hanover County) – Mr. Andrew fills the second seat requiring experience in engineering or a marine-related science. He is the president of Andrew Consulting Engineers in Wilmington, N.C.

· Suzanne Dorsey (Brunswick County)– Dr. Dorsey fills the seat requiring experience in coastal related business. She is the executive director of Bald Head Island Conservancy & Smith Island Land Trust.

Appointed by the Senate President Pro-Tem:

· Marc Hairston (Onslow County) – Capt. Hairston fills the seat requiring experience in the area of wildlife. He is the owner of Bad Habit Sportfishing in Sneads Ferry, N.C.

· Harry Simmons (Brunswick County) – Mr. Simmons fills an at-large seat. He is the mayor of Caswell Beach, president of the American Shore and Beach Preservation Association, and executive director of the NC Beach, Inlet, and Waterway Association.

Remaining on the commission:

· Bob Emory (Craven County)– Mr. Emory fills the seat requiring experience in coastal forestry, and has been a member of the CRC since 1994. He is the environmental manager at Weyerhauser’s Southern Timberlands Operations.

· Renee Cahoon (Dare County) – Ms. Cahoon fills the seat requiring experience in local government within the coastal area. She is self-employed in the family-owned Cahoon’s Market and Cottages in Nags Head. She was mayor of Nags Head from 1991 through 2000 and again from 2005 to 2009. Ms. Cahoon has served on the CRC since 2002.

· Ben “Jamin” Simmons (Hyde County)– Mr. Simmons fills the seat requiring experience in coastal agriculture. He has been a member of the CRC since 2010, previously filling the seat requiring experience in sport fishing. Mr. Simmons owns farmland in Hyde and Tyrell counties and is the founder and owner of Dare to Hyde Outdoor Adventures.

· Lee Wynns (Bertie County)– Mr. Wynns fills the seat requiring experience in commercial fishing. He is retired as the president/operator of Perry-Wynns Fish Company, Inc. This is his 11th year serving on the CRC.
 

Critical Sea Turtle Habitat Proposed for Eastern U.S. Beaches and Waters

The U.S. Fish and Wildlife Service, under authorities granted by the Endangered Species Act, has proposed to designate several coastal beaches in North Carolina and other states as Critical Habitat for the threatened Northwest Atlantic Ocean population of loggerhead sea turtle. In addition, the National Marine Fisheries Service has proposed the designation of in-water critical habitat for loggerhead sea turtles in 36 areas throughout the Northwest Atlantic Ocean, including North Carolina.

North Carolina has joined other states in submitting formal comments on these actions in recent months. In particular, DCM feels strongly that these federal actions should be reviewed through the state’s coastal zone management program as part of its federal consistency review process. If adopted, the designations have the potential to impact a wide variety of federally-permitted and federally-funded coastal projects, including beach nourishment and dredging projects. Recently, DENR Secretary John Skvarla issued a letter to the U.S. Secretary of Interior and Secretary of Commerce raising additional concerns over the proposals by both agencies.

For more information, please contact Braxton Davis at  Braxton.Davis@ncdenr.gov .

Two Public Hearings Scheduled for November

The Coastal Resources Commission, or CRC, will hold two public hearings in November on proposed rule amendments.

The first public hearing is regarding a proposed amendment to 15A NCAC 07H.0304, which would remove the Inlet Hazard Area designation from the site formerly occupied by Mad Inlet in Brunswick County. Mad Inlet closed in 1997 and is not expected to reopen, and the Inlet Hazard Area designation is deemed by the CRC to be no longer necessary for permitting purposes. The public hearing will be held Nov. 6 at 5 p.m., at the Sunset Beach Fire Station, 102 Shoreline Drive, Sunset Beach. 

The second hearing is on a proposed rule amendment to 15A NCAC 07H.0304, which would remove the temporary Unvegetated Beach designation from the area in the vicinity of Hatteras Village. The existing vegetation line has exhibited recovery since 2004 and the Unvegetated Beach designation is deemed by the CRC to be no longer necessary for permitting purposes. The public hearing will be held Nov. 12 at 5 p.m., at the Hatteras Village Community Building, 57689 N.C. Highway 12, Hatteras. 

Comments on either proposed rule change will be accepted until Dec. 12 and may be sent to Braxton C. Davis, Director, N.C. Division of Coastal Management, 400 Commerce Ave., Morehead City, N.C., 28557, or Braxton.Davis@ncdenr.gov (252-808-2808). Copies of the proposed rule changes and maps of both areas are available on the DCM website.

For more information, please contact Mike Lopazanski at Mike.Lopazanski@ncdenr.gov.
 

A Better Fourth of July at Masonboro Island

The Fourth of July holiday left the Masonboro Island Reserve in better shape than in years past, thanks in large part to an agreement between DCM and the New Hanover County Sherriff’s Office to increase the number of law enforcement officers present on the island during the holiday weekend this year.

The decision to add law enforcement officers came after concerns about numerous incidents during previous July 4 parties at Masonboro Island Reserve, which is part of the North Carolina Coastal Reserve and National Estuarine Research Reserve in Wilmington. During the past several years, unofficial Fourth of July parties have left large piles of trash along at least a quarter-mile of the island, and have resulted in a growing number of arrests for underage drinking, fighting, boating violations, accidents and injuries.

This year, the division, the Sherriff’s Office, and local volunteers worked together on an extensive outreach campaign leading up to the holiday, using television, newspapers and social media to urge party goers to act responsibly while visiting the island.

Although the number of visitors increased substantially – an estimated 2,300 people visited the island on July 4^th compared to 1,500 in 2012 – the crowd was calmer than in years past, likely due to the increased law enforcement presence. There were also far fewer injuries. The department greatly appreciates the willingness of local law enforcement officials and local volunteers to partner with us on this issue and their outstanding efforts during the holiday weekend.
 

Education Coordinator Lori Davis wins EENC Environmental Educator of the Year 

Lori Davis, education coordinator for the N.C. Division of Coastal Management’s National Estuarine Reserve and Coastal Reserve Program, recently received the 2013 Environmental Educator of the Year Award from the Environmental Educators of North Carolina. 

Lori was recognized for her work with students and teachers through educational and outreach activities that advance coastal environmental literacy and encourage students and the public to practice environmental stewardship. An awards ceremony was held Saturday at EENC’s Annual Conference at the North Carolina Arboretum in Asheville.

“The Division of Coastal Management is so proud and excited that Lori is receiving this award,” said Braxton Davis, director of the state Division of Coastal Management. “We already know she is one of the best educators in her field, and it’s great to see that her dedication and outstanding programs are recognized by the environmental education community.”

During the past 13 years, Lori has taught and inspired students of all ages about the natural history and cultural heritage on the North Carolina coast. As a state certified environmental educator, Lori interacts with more than 400 school children each year through field trips to the Rachel Carson Reserve in Beaufort, N.C. She also conducts teacher workshops highlighting coastal reserve programs, develops standards-based curriculum for teachers to use in their classrooms, and conducts free environmental education programs for students, teachers and the public.

Lori was nominated for the award by several of her environmental education colleagues, along with teachers from schools she works with each year. The award recognizes environmental educators for their valuable contributions to environmental literacy, environmental education, and the environmental well-being of North Carolina.

Two Morehead City Marinas Certified as North Carolina Clean Marinas

The Morehead City Yacht Basin and Portside Marina, both in Morehead City, are the newest facilities to be certified as North Carolina Clean Marinas, a designation given to marinas that exceed minimum regulatory requirements.

The Clean Marina program illustrates how marina operators can help safeguard the environment by using management and operation techniques that exceed environmental requirements. To earn the certification, the marina’s owners prepare spill prevention plans and conduct safety and emergency planning. Marina operators also control boat maintenance activities to protect water quality.

Clean Marina is a voluntary program in which marina operators who choose to participate must complete an evaluation form about their use of specific best management practices. If a marina meets criteria developed by the N.C. Division of Coastal Management, it will be designated as a North Carolina Clean Marina. Such marinas are eligible to fly the Clean Marina flag and use the logo in their advertising. The flags signal to boaters that a marina cares about the cleanliness of area waterways.

For more information, contact Pat Durrett at pat.durrett@ncdenr.gov.

North Carolina Hosts Governors South Atlantic Alliance

North Carolina hosted representatives of the coastal management, Sea Grant programs, and a range of ocean and coastal stakeholders from South Carolina, Georgia and Florida for the third annual meeting of the Governors South Atlantic Alliance, held in DENR’s Nature Resource Center in early September. The purpose of this meeting was to discuss key issues affecting the region’s ocean and coasts and identify specific partnership and resource opportunities. 

The four states that comprise the GSAA work together to identify issues of shared concern and leverage support from federal and regional partners. For more information, visit the Governors South Atlantic Alliance website.

Check Out the New and Improved Tidal Flat

The N.C. Coastal Reserve Program has a newly redesigned newsletter, the Tidal Flat. The new version comes directly to your email inbox in a beautiful new format. If you’d like to keep up with the latest news from the Coastal Reserve program, including research projects, education news, and training opportunities, just visit this link to subscribe. 

For more information contact Whitney Jenkins at whitney.jenkins@ncdenr.gov.

Staff Kudos

In each newsletter, we like to highlight recent kudos for our staff. A recent letter praised the efforts of DCM staff in assisting with emergency dredging efforts:

“After discussions with Heather Coats at the Wilmington Regional Office explaining the emergency nature of the shoaling … Heather secured … verbal approval from the Division of Water Quality, Marine Fisheries, and Shellfish. By Thursday, Doug Huggett and Debbie Wilson provided written approval after federal approvals came in from ACOE and National Marine Fisheries. (We received) formal approval by Doug Huggett for our urgent bypass dredge needs through the critical vacation period until July 12.” “The two day response was exceptional for the amount of state and federal agencies involved and was much appreciated. Thank you again for the kind assistance of everyone. We just wanted to take this opportunity to not let great work go unrecognized.”

Ryan Davenport in DCM’s Morehead City office followed up on a concern about a possible wastewater issue. Following an on-site investigation, no violations were found:

“Thanks to all of you for your quick response to my concerns. I feel very confident that our coastline is being well-monitored and protected. I am very impressed by your diligence.”

Holley Snider, field representative in the Wilmington Office, received the following accolade from a customer that she assisted with a CAMA permit for a boat lift and dock:

“I just wanted to comment on how helpful Holley has been throughout the process of getting the CAMA approval for my proposed boat lift and dock. She made the process extremely smooth for us, met us on site before we had even closed the lot and acted as an intermediary …. She went above and beyond the call in making sure that I got everything right at the beginning so that I avoided problems and headaches down the line. She was tremendously helpful in guiding me through the process every step of the way and it was a pleasure to work with her.”

DCM is always proud of our staff’s commitment to providing all of our customers with the very best in customer service.

Legislative Update

Ratified and signed bills affecting Coastal Management from this year’s session of the General Assembly:

SB 402– Appropriations:  $20.6 billion compromise state budget.

• Ends the terms of existing members of the Coastal Resources Commission as of June 30, 2013. Retains four current CRC members until June 30, 2014 (Bob Emory, Lee Wynns, Jamin Simmons and Renee Cahoon). Reduces the CRC from 15 to 13 members, and removes residency requirements for commissioners. Areas of expertise for the revamped commission are: land development (2), coastal engineering or marine-related science (2), coastal-related business, local government, coastal agriculture, commercial fishing, coastal forestry, sports fishing, and wildlife. Two members will be “at-large.” CRC appointments, previously all made by the governor, change to nine members appointed by the governor, two by the N.C. Senate President Pro Tem, and two by the N.C. Speaker of the House. 
• Ends the terms of existing members of the Coastal Resources Advisory Council, or CRAC, as of June 30, 2013. Reduces the CRAC from 45 to 20 members. Eliminates CRAC agency appointments currently made by state department heads and others, and gives that authority to the Coastal Resources Commission. Once we have a full CRC in place, we will begin the process of appointing CRAC members.

HB 74 – Regulatory Reform Act of 2013:

• Amends Dredge and Fill Permit Application Procedure for Notice to Adjoining Property Owners– HB 74 amends the Dredge and Fill Law to allow signed statements of no objection by adjacent property owners to be considered as an acceptable alternative to certified mail requirements for adjacent property owner notification for CAMA Major Permits.
• Amends CAMA Minor Permit Notice Requirements -- Eliminates the requirement for newspaper publication of public notice for CAMA Minor Permits. This change will allow local permitting programs to retain more of the fees associated with CAMA Minor Permits and should result in the expedited issuance of permits.
• Periodic Review and Expiration of Rules - Requires state agencies to review rules every 10 years and sort the rules into three groups: rules that are necessary and of substantive public interest; rules that are necessary and without substantive public interest; and rules that are unnecessary.Rules falling under Category 2 will be allowed to stand as-is. Rules falling under Category 3 will be expired on the date of the report, and will not need to be officially repealed. Rules falling under Category 1 will need to be readopted in accordance with the N.C. Administrative Procedures Act. We do not yet know the timeline for the rules review process for DCM; however, we are currently working on an initial rule analysis in anticipation of this requirement.
• Fiscal Notes on Rules - Changes the threshold at which an agency must prepare a fiscal note for a rule change, from $500,000 to $1 million (i.e., the financial impact on all persons affected by the rule change within the first year must be at least $1 million before a fiscal note is required).

SB 151 – Coastal Policy Reform Act of 2013: 

• Amend Terminal Groin Construction Law – Changes the definition of terminal groin to include projects that involve installation of a number of smaller supporting structures. The bill retains the cap of four terminal groins allowed by the 2011 law.
   
• Other changes:
  • SEPA review of terminal groin proposals is no longer required.
  • Applicant does not need to demonstrate that other erosion-control measures are not practicable.
  • Expands the types of allowable financial instruments for mitigation.
     

HB 707 – Ensure Safe Navigation Channels: 

Requires DENR to take steps to ensure shallow draft navigation channels are navigable:

• DENR will use long-term agreements with the U.S. Army Corps of Engineers to maintain the dredging of the state’s navigation channels to depths authorized by state law;
• DENR will assist local governments in their pursuit of general permit authorizations by the Corps to dredge shallow draft navigation channels to depths authorized by state law; and
• DENR will assist local governments in their pursuit of CAMA permit authorizations issued by the Corps to allow the dredging  of shallow draft navigation channels

Legal Update of Active Cases

Cases in the North Carolina Court of Appeals:

The Riggings HOA v. CRC(New Hanover 09 CVS 2761) - Judicial review of the CRC’s denial of a variance on re-hearing to allow expired sandbags to remain with no definite end date. The court ruled in favor of The Riggings on Aug. 6, but Judge Bryant dissented regarding arguments on the fourth variance factor.  The commission filed a Notice of Appeal (re: 4^th variance factor) and a Petition for Discretionary Review (PDR) regarding the first variance factor on Sept. 10. The Riggings filed a Motion to Dismiss and a Conditional PDR on Sept. 24, arguing that the commission did not have a quorum when it met on Aug. 26, 2013. These issues are all pending before the North Carolina Supreme Court.

Busik v. CRC and 1118 Longwood(Brunswick 11 CVS 2596) - CRC’s Final Agency Decision regarding the interpretation of the ocean erosion setback rule (15A NCAC 7H .0306). The court heard oral arguments on June 5 and the parties are awaiting the court’s ruling.

Other cases of note:

Defenders of Wildlife & NWRA v. DCM and DOT (13 EHR 16087) – Administrative appeal of the N.C. Department of Transportation’s Major CAMA permit for the replacement of Bonner Bridge. The case is in the early stages of mediation and discovery and has not yet been scheduled for hearing. The related federal litigation where the petitioners challenged DOT’s environmental impact statement has been appealed by the petitioners to the 4^th U.S. Circuit Court in Richmond following a ruling in favor of DOT by The Honorable Louise Flanagan, District Court Judge for the Eastern District of North Carolina.

Director's Note:

Hurricane season is here, and the Division of Coastal Management is ready to provide assistance to coastal homeowners if North Carolina experiences another major storm this year. Hurricane Irene in 2011 and Hurricane Sandy in 2012 were tough on North Carolina. DCM issued more than 1,000 emergency general permits after Hurricane Irene alone, and both storms had a major impact on N.C. Highway 12 on the Outer Banks. This year’s hurricane season is again predicted to be above average, with federal forecasters calling for between 13 and 20 named storms.

Here at DCM, we are reviewing and updating our hurricane response plans and procedures. Now is a good time for you to review your plans as well, to be sure you are prepared should a major storm come our way. If you need some assistance, visit DCM’s Coastal Hazards and Storms web page, or N.C. DENR’s storm season page, for hurricane preparedness, tracking and recovery information.

As always, we hope that you will share this newsletter with colleagues and friends, and let us know if you have any suggestions for future newsletters. If you would like to have your name added or removed from the email list, please email your request toMichele.Walker@ncdenr.gov. Additional coastal program information can also be found on our website,http://www.nccoastalmanagement.net.

Braxton Davis, Director, NC Division of Coastal Management

In this Issue:

• DCM Plans June 26 Public Workshop for Cape Fear AEC Study
• CRC Science Panel Nominations Open
• DCM Prepares for Fourth of July at Masonboro Island
• Jernigan Receives Eure-Gardner Award
• Summer Camps, Field Trips Offered at Coastal Reserves
• Coastal Reserve Staff Join Efforts to ConserveAmerican Oystercatchers
• Staff Kudos
• Legislative Update
• Legal Update

DCM Plans June 26 Public Workshop for Cape Fear AEC Study

The Division of Coastal Management will hold a public workshop in June as part of a study of the feasibility of creating a special management area that would include the lands adjacent to the mouth of the Cape Fear River. The workshop will be held at the Southport Community Building, 223 East Bay Street, Southport, N.C. on June 26 from 1-5 p.m. 

Session Law 2012-202 requires the Coastal Resources Commission to perform the study which must consider the unique coastal morphologies and hydrographic conditions of the Cape Fear River region and determine if action is necessary to preserve, protect and balance the economic and natural resources of this region. The commission was directed to consider eliminating overlapping Areas of Environmental Concern (AEC) by incorporating appropriate development standards into one single AEC unique to this location. The Division of Coastal Management is working with the village of Bald Head Island and town of Caswell Beach, as well as landowners within and adjacent to these two municipalities, to identify regulatory concerns and develop proposed strategies for a new regulatory framework.

At the workshop, DCM staff will present an overview of the CRC’s regulatory jurisdictions, permitting processes and development standards as they currently apply to the region. The village of Bald Head Island and the town of Caswell Beach will also present their concerns and proposals. The public will be invited to provide their views related to the unique conditions of the area as well as the proposals presented. This information and all public comments will be presented to the CRC for consideration of the proposed AEC, and in a final report to the N.C. Department of Environment and Natural Resources and the N.C. General Assembly.

For more information regarding the workshop or feasibility study, please contact Mike Lopazanski at Mike.Lopazanski@ncdenr.gov.

CRC Science Panel Nominations Open

The Coastal Resources Commission’s Science Panel on Coastal Hazards is accepting nominations for new members to fill four vacant seats – two designated for coastal engineers and two designated for coastal geologists. The panel, which has 11 members, is being expanded to 15 members by the commission. Members serve four-year terms and provide the CRC with scientific advice on relevant topics.

To recommend a nominee, contact any member of the CRC, the Coastal Resources Advisory Council, or current members of the science panel. A complete nomination includes a resume, CV, or other qualifying information with respect to the nominee’s knowledge and experience in coastal hazards processes. Nominations must be received by June 28.

New members will be appointed by the CRC chair based on a review of the nominee’s relevant experience and credentials and in consultation with a subcommittee of the commission.

For more information, contact Matt Slagel at Matthew.Slagel@ncdenr.gov.

DCM Prepares for Fourth of July at Masonboro Island

A strategy for increasing visitor safety during the Fourth of July holiday was on the agenda for a June 10 meeting of the Local Advisory Committee for the Masonboro Island Reserve.

As part of its ongoing efforts to increase visitor safety during the Fourth of July holiday, the Division of Coastal Management will work with the New Hanover County Sherriff’s Office to triple the number of law enforcement officers patrolling the island during the holiday weekend.

“Over the years, we have tried numerous strategies to manage the large crowds we see on the Fourth of July each year at Masonboro Island,” said DCM Director Braxton Davis. “Hopefully, an increased police presence on the island and in the water will be a deterrent to illegal activities and improve visitor safety.”

For the past several years, unofficial Fourth of July parties have left large piles of trash along at least a quarter-mile of the island, and have resulted in a growing number of arrests for underage drinking, fighting, boating violations, accidents and injuries.

Jernigan Receives Eure-Gardner Award

The N.C. Coastal Resources Commission on May 9 bestowed its highest honor, the Eure-Gardner award, on former Special Deputy Attorney General Allen Jernigan, who retired May 1 from the Office of the Attorney General. The award was presented by CRC Chairman Bob Emory at a commission meeting in Beaufort. During his 30-year career, Jernigan represented the state and the commission in many important coastal cases, including protecting state ownership of submerged lands, enforcing the state’s Dredge and Fill law, and protecting the public’s rights against attempts to privatize the dry-sand beach.

The Eure-Gardner award is bestowed on those individuals and organizations that have made significant contributions to protecting the natural, cultural and economic resources of the coastal area. It is named for Thomas Eure, the first chairman of the CRC, and William Gardner, a long-time member and former chairman of the Coastal Resources Advisory Council. This is the eighth time the Eure-Gardner has been awarded since 1984.

Summer Camps, Field Trips Offered at Coastal Reserves

Visitors to the Rachel Carson Reserve in Beaufort can participate in public field trips on Tuesdays and Thursdays from 8:30-10:30 a.m. during June, July and August. All trips are free and open to the public, but reservations are required. 

The reserve is partnering with the N.C. Maritime Museum in Beaufort to offer Summer Science School for children. Register now for events such as Preschool Story Time and Crafts, and Seashore Life. 

The Masonboro Island Reserve in Wilmington will offer family-friendly environmental education events. Join reserve staff for programs on endangered sea turtles, plants and animals found on the site, and wetlands. 

Masonboro staff will also lead events on Wrightsville Beach. Learn about invertebrates such as jellyfish and hermit crabs, marine debris, and area flora and fauna. 

Field trips at both sites are free and open to the public. Some summer science school programs have a registration fee.

For more detailed information about all the programs offered, or to register, visit the reserve’s website at http://www.nccoastalreserve.net/.

Coastal Reserve Staff Join Efforts to Conserve American Oystercatchers

By Kate Brogan

With their bright orange beaks and distinctive yellow eyes, American Oystercatchers are among the most recognizable shorebirds on the East Coast. Oystercatchers are uniquely adapted for life in coastal areas, with long, thin beaks specially designed for preying on oysters and other shellfish by severing the muscle in bivalves that clamps shells closed. Oystercatchers also use coastal habitats such as elevated dunes and marsh grass to build their nests.

However, like many other shorebirds, Oystercatchers face threats to their habitats and food sources in the form of increased coastal development, disturbance from human recreational activities, and pollution that affects the quality of their shellfish prey. The American Oystercatcher is listed as a species of special concern in North Carolina and as a species of high concern in U.S. Fish & Wildlife Service conservation plans for the East Coast.

Due to these conservation concerns, the N.C. Coastal Reserve often participates in annual American Oystercatcher surveys, coordinated by the N.C. Wildlife Resources Commission, to monitor the population and breeding status of birds within certain areas of the reserve. Central Sites manager Paula Gillikin led the first 2013 Rachel Carson Reserve site survey on May 22, guiding interns and staff in Oystercatcher identification and observation. Researchers looked for the presence of Oystercatchers along the marsh fringe, and once a bird was spotted, determined if the bird was part of a nesting pair and whether a nest was present. Territorial displays by Oystercatcher pairs often indicate the presence of a nest site and/or eggs. During the course of the survey, 17 Oystercatchers were identified, along with one egg-filled nest. Results will be sent to North Carolina wildlife biologists who will compile results from across the state.  

To learn more about American Oystercatchers, visit: http://amoywg.org/research-sites/north-carolina/

Staff Kudos

In each newsletter we like to highlight recent kudos for our staff. Kelly Russell, field representative in DCM’s Elizabeth City office, recently received this email from a local property owner:

“Please accept my sincere thanks for your professionalism and efforts to assist us in Buxton. Your support and guidance to our sand bag and walkover efforts made it all possible during a time of immense stress and devastation after Sandy. We now have some comfort in knowing that we have some measure of protection against future storms.”

Reserve education coordinator Lori Davis received some positive comments from the attendees of a recent teacher workshop:

“Lori was great! Great personality, which made it enjoyable and fun. I enjoyed it all. It all tied together so well. I could ask questions when we went out to the island and I did not feel intimidated or stupid for asking. The fact that the activities were aligned with state standards allows me to use these activities with ease and knowing that I am covering required materials.” 

“[I really enjoyed] going to explore the Rachel Carson Reserve and seeing many of the habitats we learned about in the workshop. Lori’s enthusiasm and knowledge were excellent.”

“I loved this workshop. Thank you! Lots of times the workshops I’ve been to do similar lessons but these were almost all new to me and very creative and clever. Super useful! Lori is excellent!”

DCM is always proud of our staff’s commitment to providing all of our customers with the very best in customer service.

Legislative Update

Bills affecting Coastal Management in the current session of the General Assembly:

SB 10 – Government Reorganization and Efficiency Act: Makes changes to several state boards and commissions, including the Coastal Resources Commission and Coastal Resources Advisory Council. Ends the terms of current members of the CRC and CRAC. The House version of this bill retains four current CRC members until June 30, 2014. Reduces the CRC from 15 members to 13 (House version; Senate version reduces CRC from 15 to 11), and alters requirements for commissioners. CRC appointments, now all made by the governor, would change to some appointed by the governor and some by the General Assembly. Reduces the CRAC from 45 to 20 members. Eliminates CRAC agency appointments currently made by state department heads and others, and gives that authority to the Coastal Resources Commission. The House passed its version on March 5. The Senate did not concur with the House changes. A conference committee report came before the House and Senate on April 25. The Senate accepted the report, but the House voted unanimously to reject it.

HB 1011 – Government Reorganization and Efficiency Act:Nearly identical to the conference report on SB 10, this bill was filed as a House Rules Committee bill on the evening of May 7. Language related to the CRC and CRAC is identical to that of the House version of SB 10. The new bill does not include language eliminating Special Superior Court judges; does not include sections re-making the state Utilities Commission and Board of Elections; and deletes a provision added into the conference report to ban any state agency from using state funds or receipts "for the development, promotion, dissemination, or implementation of a statewide climate change action plan or adaptation strategy, unless such activities are specifically authorized by the General Assembly." Language regarding changes to the CRC and CRAC is included in SB 402, the Senate budget bill.Passed the House on May 9; referred to Senate Rules and Operations committee.

SB 402 – Appropriations Act of 2013: The Senate budget bill includes the language from HB 1011 regarding CRC and CRAC changes. It establishes an Oregon Inlet Acquisition Task Force for the purpose of considering the state’s options for acquiring the federal government’s rights, title and interest in Oregon Inlet and associated real property, including submerged lands. Acquiring the property could allow the state to develop long-term management solutions for preserving and enhancing the navigability of the inlet. The bill also establishes a Shallow Draft Navigation Channel Dredging Fund.

SB 612 – Regulatory Reform Act of 2013: Requires cities and counties to repeal any rules stricter than state or federal law. Also requires that environmental oversight boards and agencies, including the CRC, to repeal or rewrite any state rule stricter than federal regulation on any given matter. Passed the Senate on May 2; referred to House committee on Regulatory Reform.

HB 74 – Periodic Review and Expiration of Rules: Originally identical to SB 32, a committee substitute introduced on May 8 changed the House version to require agencies to review all of their current rules and determine which of three categories they fall into:

• Category 1 – Necessary with substantive public interest (rule is necessary to function of the agency, and public comment received on the rule within the past two years, OR if the rule affects the property interest of the regulated public and the agency knows or suspects that any person may object to the rule).
• Category 2 – Necessary without substantive public interest (rule is necessary to function of the agency, and no public comment received on the rule within the past two years).
• Category 3 – Unnecessary (obsolete or redundant; can be eliminated).

Following a review by the legislative Rules Review Commission, rules falling under Category 2 will be allowed to stand. Rules falling under Category 3 will be expired on the date of the report, and will not need to be officially repealed. Rules falling under Category 1 would have to go through the complete rulemaking process. Passed the House on May 13; referred to Senate committee on Rules and Operations.

HB 484 – Permitting of Wind Energy Facilities:Establishes a permitting program for the siting and operation of wind energy facilities.Signed by Gov. McCrory on May 17, 2013.

SB 151 – Coastal Policy Reform Act of 2013:Makes the following changes to the 2011 terminal groin construction law:

• Repeals the limitation on the number of terminal groins allowed in N.C. inlets.
• Removes the requirement for a State Environmental Policy Act document.
• Repeals the requirement for financial assurance adequate to cover the cost of long-term maintenance and monitoring; implementation of mitigation measures; and restoration of adversely impacted property.
• Repeals the requirement that an applicant for a terminal groin demonstrate that nonstructural erosion control methods are impractical.
• Repeals the prohibition on the use of certain types of local government financing for terminal groin construction.

Section 3 of the bill amends CAMA permitting law to state that review of a CAMA permit application shall be limited to consideration of areas of environmental concern officially designated at the time the application was submitted.

Section 4 gives local governments authority to enforce public trust rights on ocean beaches seaward of the mean high water mark.Passed the Senate on May 15, referred to House Environment committee.

HB 300 - Cities/Public Trust Rights:Gives cities and towns the right to enforce local ordinances on ocean beaches.Passed the House on May 15; referred to Senate State and Local Government committee.

SB 112 – Amend Environmental Laws 2013: Amends the Dredge and Fill Law to allow signed statements of no objection by adjacent property owners to be considered as an acceptable alternative to certified mail requirements for adjacent property owner notification under CAMA Major Permits. This would allow applications to proceed more expeditiously by eliminating a 30-day comment period when adjacent property owners have no objection, and would reduce costs associated with certified mail.Passed the Senate May 15,referred to House Environment committee.

Legal Update of Active Cases

Cases in the North Carolina Court of Appeals:

The Riggings HOA v. CRC(New Hanover 09 CVS 2761) - Judicial review of the CRC’s denial of a variance on re-hearing to allow expired sandbags to remain with no definite end date. The Court heard oral argument on April 10, and the parties are awaiting the Court’s ruling.

Busik v. CRC and 1118 Longwood(Brunswick 11 CVS 2596) - CRC’s Final Agency Decision regarding the interpretation of the ocean erosion setback rule (15A NCAC 7H .0306).  The court heard oral argument on June 5 and the parties are awaiting the court’s ruling.

Cases in Wake County Superior Court:

Defenders of Wildlife & NWRA v. CRC (12 CVS 16364) – Appeal by Petitioners of the CRC chairman’s denial of their request for a hearing in OAH to challenge the Bonner Bridge Replacement CAMA Permit, pursuant to 113A-121.1. The case is scheduled for hearing on June 25, 2013.

Director's Note:

As the new year unfolds, Coastal Management and the Coastal Resources Commission are hard at work on several initiatives, including three studies that are required by Session Law 2012-202 -- an update to a 2010 report on sea-level rise; a study of the feasibility of creating a new Area of Environmental Concern for lands adjacent to the mouth of the Cape Fear River; and a study of the feasibility of eliminating beachfront Inlet Hazard Areas of Environmental Concern. We have engaged the Commission’s Science Panel on Coastal Hazards to begin work on the Inlet Hazard Area and sea-level rise studies, with the goal of providing final reports to the General Assembly in 2015 and 2016, respectively.

In addition, the division recently completed a comprehensive, internal review of coastal management rules and policies. We have suggested changes in six key areas that should help streamline some of our permits and processes, and hopefully make things easier for our customers while maintaining riparian property rights, public trust rights, and environmental integrity. Draft rule changes will be presented to the Commission at its next meeting.

We are also seeing an increasing trend in coastal permit applications, with development activity picking up coastwide. We hope that this trend will continue, and we look forward to another busy and productive year at the Division of Coastal Management!

Please feel free to share this newsletter with colleagues and friends, and let us know if you have any suggestions for future newsletters. If you would like to have your name added or removed from the email list, please email your request to Michele.Walker@ncdenr.gov. Additional coastal program information can also be found on our web site, http://www.nccoastalmanagement.net.

Braxton Davis, Director, NC Division of Coastal Management

In this Issue:

• DCM Rules Review Yields Proposals for Rule Changes in 2013
• DCM Water Monitoring Station Sheds Light on Cause of Fish Kill
• New Oceanfront Erosion Rates Effective Feb. 1
• Sandbag Rules Move Forward
• Join the Coastal Reserve for Summer Science School
• Staff Kudos
• Legislative Update
• Legal Update

DCM Rules Review Yields Proposals for Rule Changes in 2013

The Division of Coastal Management recently completed a comprehensive review of the Coastal Resources Commission’s rules and policies, along with the division’s procedures for processing and making decisions on Coastal Area Management Act permits. This review resulted in suggested changes in six key areas that would help reduce regulatory burdens for our customers:

• Streamlining CAMA general permits for docks and piers by increasing the number of vessels allowed under a general permit for small-scale docking facilities from two to four;
• Streamlining general permits for boat ramps in order to simplify permitting for applicants and reduce costs;
• Streamlining permits for inlet dredging activities;
• Reducing the regulatory burden related to beach fill projects, by reducing sampling requirements for certain types of beach fill projects and clarifying minimum standards for sediment compatibility and project monitoring;
• Streamlining public notice and adjacent property owner notification requirements; and
• Expanding the general permit for wetland, stream and buffer mitigation to cover projects undertaken by private sector organizations.

DCM will work with the CRC to move forward with these suggested changes during 2013.

For more information, contact Ted Tyndall at Ted.Tyndall@ncdenr.gov.

DCM Water Monitoring Station Sheds Light on Cause of Fish Kill

Last month, hundreds of thousands of dead Atlantic Menhaden washed ashore at the Masonboro Island National Estuarine Research Reserve (NERR) in Wilmington. The fish did not appear to be diseased or sick, so what happened to them?

A monitoring station maintained by the Coastal Reserve in the area where the fish were found helped provide the answer. 

As part of a national network of estuary monitoring stations (NERR System-wide Monitoring Program), DCM maintains a monitoring station in the area where the fish kill occurred. The station continuously monitors the water for dissolved oxygen levels, temperature and pH levels, among other data. The station recorded a significant drop in dissolved oxygen levels in the early morning hours of Jan. 8.

Based on the station’s data, it appears the fish clustered by the thousands in a narrow area at Loosins Creek, causing dissolved oxygen levels in the water to plummet to nearly zero in less than one hour, killing the fish. This situation has been occasionally observed in winter months, and occurs when the menhaden begin to tighten their school, possibly due to the presence of predators.

“This may be the first time we have had continuous monitoring of water quality in an area at the exact time of a fish kill,” said Jim Gregson, Surface Water Protection supervisor for the state Division of Water Quality. “The data recorded by Coastal Management’s monitoring station was a big help in determining the cause of this event.”

For more information, contact Byron Toothman at Toothmanb@uncw.edu.

New Oceanfront Erosion Rates Effective Feb. 1

Updated long-term average annual erosion rates for North Carolina’s oceanfront have been approved by the Coastal Resources Commission and became effective Feb. 1, 2013.

A long-term average annual erosion rate is the average amount of erosion that occurs each year over a period of about 50 years. By measuring movement of the ocean shoreline over a long period of time, the Division of Coastal Management is able to get a more accurate representation of the net shoreline change, taking into account normal shoreline movement, beach nourishment and storms.

DCM uses long-term average annual erosion rates in determining setback distances for oceanfront construction. Setbacks are measured from the first line of stable natural vegetation, or static vegetation line where applicable.

The newly adopted erosion rates are not substantially different from the rates adopted in 2003, as most of the oceanfront shoreline demonstrated very little change when compared to results from the previous study. From a regulatory standpoint, the new erosion rates, or setback factors, did not change for 64 percent of the shoreline.

For more information, contact Ken Richardson at Ken.Richardson@ncdenr.gov.

Sandbag Rules Move Forward

The Coastal Resources Commission in February approved amendments to its rules governing the use of sandbag structures in communities that are actively pursuing beach nourishment, inlet relocation or inlet stabilization projects. The rule changes would extend the time limit for sandbag structures from five to eight years, and would also remove the once-per-structure restriction for sandbags provided the property becomes imminently threatened again.

The rule amendments must be approved by the state’s Rules Review Commission before they become effective.

Join the Coastal Reserve for Summer Science School

The N.C. Coastal Reserve is partnering with the N.C. Maritime Museum in Beaufort to offer Summer Science School for children. The following programs will be sponsored by the N.C. Coastal Reserve:

Preschool Story Time & Crafts (Free, registration required)
Monday, June 10, 9 – 10 a.m.
Monday, July 8, 9 – 10 a.m.
Monday, August 5, 9 – 10 a.m.

Seashore Life ($50)
Monday & Tuesday, June 17 & 18, 9 a.m. – noon
Monday & Tuesday, July 15 & 16, 9 a.m. – noon
Thursday & Friday, August 1 & 2, 9 a.m. – noon

For more detailed information about all the programs offered contact education coordinator Lori Davis at lori.davis@ncdenr.gov.

Staff Kudos

In each newsletter we like to highlight recent kudos for our staff. Kelly Russell, field representative in DCM’s Elizabeth City office, recently received this comment in an email from a local homeowner:

“And a special ‘thank you’ for all your efforts and those of your Supervisors in assisting the Buxton oceanfront homeowners with post-Sandy restorations.”

DCM’s attorney Christine Goebel received a compliment from a petitioner in a recent variance case:

“Thanks for your support again helping me to understand the rules along the way.  Was quite helpful...”

Coastal Training Coordinator Whitney Jenkins received this email from a frequent workshop attendee:

“I appreciate how wonderful your seminars are.  I wished I could have made the last one in Jacksonville at Sturgeon City (New River Roundtable Collaborative Learning Training, October 18, 2012).  I heard it was awesome!“

DCM is always proud of our staff’s commitment to providing all of our customers with the very best in customer service.

Legislative Update

The following bills affecting Coastal Management have been introduced in the General Assembly:

SB 10 – Government Reorganization and Efficiency Act:  Makes changes to several state boards and commissions, including the Coastal Resources Commission and Coastal Resources Advisory Council. Ends the terms of current members of both the CRC and CRAC. The House version of this bill retains four current CRC members until June 30, 2014. Reduces the CRC from 15 members to 13 (House version; Senate version reduces CRC from 15 to 11), and alters requirements for commissioners. CRC appointments, now all made by the governor, would change to some appointed by the governor and some by the General Assembly. Reduces the CRAC from 45 to 20 members. Eliminates CRAC agency appointments currently made by state department heads and others, and gives that authority to the Coastal Resources Commission. The House passed its version of the bill on March 5. The Senate did not concur with the House changes. The bill will now go to conference committee.

SB 32/HB 74 – Periodic Review and Expiration of Rules:  Expires all environmental rules, including those of the CRC, unless the rules are readopted before Dec. 31, 2017, or within 10 years of a rule’s most recent amendment.

SB 58 – Increase Funding for Dredging:  Establishes the Shallow Draft Inlet Dredging Fund, generated from increased fees for boat registration.

SB 76 – Domestic Energy Jobs Act: Makes several changes to the 2012 law opening the state to shale-gas drilling and encourages offshore drilling exploration.

SB 151 – Coastal Policy Reform Act of 2013:Section 4 gives local governments authority to enforce public trust rights on ocean beaches seaward of the mean high water mark.

Legal Update of Active Cases

Cases in the North Carolina Court of Appeals:

The Riggings HOA v. CRC(New Hanover 09 CVS 2761) - Judicial review of the CRC’s denial of a variance on re-hearing to allow expired sandbags to remain with no definite end date.

Busik v. CRC and 1118 Longwood(Brunswick 11 CVS 2596) - CRC’s Final Agency Decision regarding the interpretation of the ocean erosion setback rule (15A NCAC 7H .0306).

Cases in Wake County Superior Court:
Defenders of Wildlife & NWRA v. CRC (12 CVS 16364) – Appeal by Petitioners of the CRC Chairman’s denial of their request for a hearing in OAH to challenge the Bonner Bridge Replacement CAMA Permit, pursuant to 113A-121.1.

Director's Note:

As the holidays approach, I’ve been reflecting on the past year (my first with the Division) and taking stock of the various issues and challenges we’ve faced, along with some of our more notable accomplishments. In this newsletter, we’ve highlighted some of those accomplishments, including the streamlining of regulatory requirements for certain types of coastal development, an update of our long-term average annual erosion rates, digital mapping of the state’s estuarine shoreline, and the completion of a collaborative project studying estuarine shoreline stabilization methods.

Looking ahead to 2013, the Division and the Coastal Resources Commission will continue to work on significant coastal issues, including three studies required by Session Law 2012-202 related to sea-level rise in North Carolina, the feasibility of creating a new Area of Environmental Concern for lands adjacent to the mouth of the Cape Fear River, and an evaluation of beachfront “Inlet Hazard Areas of Environmental Concern.” We will continue to keep you updated on these and other issues through future CAMAgram newsletters, our website, and Coastal Resources Commission meetings.

Please feel free to share this newsletter with colleagues and friends, and let us know if you have any suggestions for future newsletters. If you would like to have your name added or removed from the email list, please email your request to Michele.Walker@ncdenr.gov. Additional coastal program information can also be found on our web site, http://www.nccoastalmanagement.net.

Wishing you happy holidays, and we look forward to another great year in coastal North Carolina.

Braxton Davis, Director, NC Division of Coastal Management

In this Issue:

• - DCM Continues Hurricane Response Efforts for Irene, Sandy
• - CRC Members Tour Agricultural Areas in Hyde County
• - CICEET Project
• - Estuarine Shoreline Stabilization Study Project Completed
• - Jones Award Winners Honored
• - Coastal Training Program Workshops Offered
• - Staff Kudos
• - DCM Accomplishments in 2012
• - 2013 CRC Meetings Schedule
• - Legal Update

DCM Continues Hurricane Response Efforts for Irene, Sandy

In late October, Hurricane Sandy topped off what had been a quiet storm season for North Carolina. In response to damage caused by the storm, DENR secretary Dee Freeman activated an emergency CAMA general permit to allow beach bulldozing for the reconstruction of primary and frontal dune systems in oceanfront counties. DCM also opened an emergency office in Southern Shores to assist property owners in the Outer Banks, where damage was heaviest. To date, DCM has issued 143 CAMA emergency permits for beach bulldozing in the Outer Banks.

One year after Hurricane Irene struck eastern North Carolina, DCM recognized that many property owners had been unable to complete repairs of hurricane-damaged structures under an emergency CAMA general permit issued immediately following the storm, in many cases due to difficulties in securing contractors or settling insurance claims. In response, the division extended the permit deadline by an additional 120 days. The new deadline to complete construction on these projects is Dec. 27, 2012.

The division also worked closely with the N.C. Dept. of Transportation to facilitate repairs to Hwy. N.C. 12 in the Outer Banks following damage from both storms. To assist NCDOT with repairs, DCM has issued two emergency CAMA major permits and subsequent emergency permit modifications. The Coastal Resources Commission also held an expedited hearing in Nov. 2012 to grant a variance for NCDOT repairs at a section of NC-12 known as the Rodanthe ‘S’ curves. 

For more information, contact Frank Jennings at Frank.Jennings@ncdenr.gov or Doug Huggett at Doug.Huggett@ncdenr.gov.

CRC Members Tour Agricultural Areas in Hyde County

Coastal Resource Commission and Coastal Resources Advisory Council members joined DCM staff, Hyde Co. local government representatives and local farmers for a tour of Hyde County agricultural issues during the CRC’s November meeting. Much of the county’s farmland was reclaimed from marshland as long ago as the 1800s, when the first of many agricultural drainage ditches were built to help drain saltwater from farmland. Today, Hyde County’s farmland is bordered by miles of drainage ditches, assisted by pumps, flood gates and dikes to manage water levels. Mac Gibbs from Hyde Co. Cooperative Extension, Erin Fleckenstein from the Coastal Federation, and local farmer Ray Tooley were among the speakers discussing the effects of saltwater intrusion and sea-level rise in the area, along with the effectiveness of local dikes, tailwater recovery on agricultural land, and permitting issues related to clearing drainage ditches.

For more information, contact David Moye at David.Moye@ncdenr.gov.

Estuarine Shoreline Stabilization Study Project Completed

The N.C. Coastal Reserve program recently completed a two-year collaborative project on estuarine shoreline stabilization. Reserve staff partnered with NOAA and University partners on the project, “Sustainable estuarine shoreline stabilization: research, education, and public policy in North Carolina,” which was funded by the Cooperative Institute for Coastal and Estuarine Environmental Technology (CICEET). The project was designed to find out how bulkheads impact fringing marsh and the ecosystem services they provide. Ecosystem services include habitat for birds, fish and shellfish; water filtration to protect water quality; and erosion control. Eighteen sample sites were studied to help determine how bulkheaded sites with no marsh, narrow marsh or wide marsh areas impact the local ecosystem, compared to areas of natural marsh.

As part of the study, an alternative shoreline stabilization demonstration project was installed on the east end of the Rachel Carson Reserve in Beaufort. Reserve staff also conducted surveys of homeowners and contractors to discover their attitudes towards various methods of estuarine shoreline stabilization, and produced two publications aimed at educating students and citizens about estuaries, and helping homeowners identify the most appropriate method of shoreline stabilization for their property.

Results from the project indicate that natural marshes provide higher levels of ecosystem services than marshes associated with bulkheads; and that small, narrow fringing marshes in front of bulkheads are still capable of providing important ecosystem services compared to bulkhead sites that have no marsh.

Additional details of project results, including analysis of the relationship between marsh width and nutrient cycling, wave attenuation, and fish and bird habitat, are available.

For more information, contact John Fear at John.Fear@ncdenr.gov.

DCM, Sea Grant Honor Walter B. Jones Award Winners

N.C. Coastal Management and N.C. Sea Grant were delighted to recognize North Carolina winners of NOAA’s 2012 Walter B. Jones Awards during the November meeting of the N.C. Coastal Resources Commission. The awards are given every other year to honor the people and organizations of America for their dedication and outstanding contributions in helping the nation maintain healthy coastal and ocean resources and balance the needs of these resources with human use. The awards are named for Walter B. Jones, Sr., who represented North Carolina in the U.S. House of Representatives from 1966 to 1992. This year, six N.C. graduate students and the Town of Plymouth are among the winners – overall, seven of the 14 award winners were from North Carolina.

Jack Thigpen, Extension Director-N.C. Sea Grant; Brian Roth, Mayor-Town of Plymouth; Michelle Covi, ECU; Michelle Brodeur, UNC-CH; Bob Emory, Chair-NC Coastal Resources Commission; Rachel Gittman, UNC-CH; Timothy Ellis, NCSU; Braxton Davis, Director-NCDCM. Not pictured: Jennifer Cudney-Burch, ECU; and Matthew McCarthy, UNC-W.

Coastal Training Program Workshops Offered
The Coastal Training Program will host a “Managing Visitor Use on Coastal Public Lands” workshop Jan. 23-24 at the NOAA-NERR Facility on Pivers Island in Beaufort. This two-day course led by instructors from NOAA's Coastal Services center provides participants with tools to identify and define unacceptable visitor use impacts to natural resources and visitor experiences. The training focuses on a step-by-step process that can be used to help determine these impacts and explore a range of strategies and tactics that can be implemented to address them.

“Low Impact Development Basics for Water Quality Protection Workshop for Realtors” will be held Feb. 12 in Beaufort. The goal of this workshop is to introduce realtors to the interconnectedness of land use choices and water quality. Participants will learn about the major pollutants that degrade water quality; sources of these pollutants; and methods to prevent this degradation, including stormwater management practices and low impact development. Realtors will receive four elective continuing education credits from the NC Real Estate Commission.

For more information, contact Whitney Jenkins at Whitney.Jenkins@ncdenr.gov.

Staff Kudos

In each newsletter we like to highlight recent kudos for our staff. Continuing efforts of DCM staff to provide the best customer service were recognized recently by one of our customers. From an email to DCM director Braxton Davis:

“My husband and I have just received the NCDENR permit for our boat basin project … and I would like to let you know the positive experience we have had with CAMA throughout the permitting process. Both Brad Connell and Daniel Govoni [from the Morehead City DCM office] have been very helpful, pleasant to deal with, and professional. Most important to me was the fact that these gentlemen were available to answer questions, that they returned phone calls and emails promptly, and I was able to communicate directly with them. I never felt as though I was a bother when contacting the CAMA agents and they were always very open in their communications with me. Daniel even went so far as to call me when the permit was signed and to email it to me to expedite matters! It was truly a pleasure dealing with CAMA.”

DCM is always proud of our staff’s commitment to providing our customers with the very best service!

Other DCM Accomplishments in 2012

• The N.C. Coastal Resources Commission and the Division of Coastal Management moved forward with a number of rules intended to streamline regulatory requirements for certain types of coastal development. These rule amendments include changes to the CRC’s sandbag rules that will increase time limits and frequency of use for sandbag structures in certain areas; reduced sediment criteria sampling requirements for beach nourishment projects; a change in the formula used to calculate the Ocean Erodible Area of Environmental Concern; an update of long-term average annual erosion rates; and grandfathered setback requirements for oceanfront residential structures of more than 5,000 square feet.
• Decreased average timelines on CAMA Major Permits from approximately 85 days to approximately 76 days.
• Worked with the Division of Water Quality on a series of improvements and streamlining of CAMA major and general permits and shoreline buffer certifications.
• DCM’s regulatory and compliance staff continued to monitor permitted projects, conduct routine aerial surveillance flights, and provide compliance assistance support to the public. More than 2,000 compliance monitoring inspections and more than 1,500 permit inspections were performed. The division had a 96 percent compliance rate of inspected permitted facilities.
• Conducted training workshops for local permit officers in the coastal municipalities and counties that have a locally adopted implementation and enforcement Coastal Area Management Act program.
• DCM and DWQ staff conducted a compliance workshop for the NC Surveyor’s Association in June with over 60 professional surveyors and engineers in attendance.
• The N.C. Coastal Resources Commission approved an update of the long-term average annual oceanfront erosion rates for the N.C. coast. Improvements in Geographic Information Systems (GIS) technology allowed Division of Coastal Management staff to perform the update in-house for the first time, for a cost savings of about $250,000. The update also makes coastal communities eligible for reduced premiums through the National Flood Insurance Program’s Community Rating System. DCM uses long-term average annual erosion rates in determining setback distances for oceanfront development. The rates are expected to be effective in early 2013.
• Certified six new Clean Marinas in coastal North Carolina and recertified 10 marinas as part of the division’s continuing effort to protect coastal water quality by assisting marinas and boatyards in protecting our environment through the use of best management and operation practices.
• Registered 102 Clean Boaters as part of the division’s new Clean Boater Program. Boaters commit to clean boating by signing a pledge to protect North Carolina’s coastal waters, and receive a Clean Boater sticker from DCM to place on their vessel.
• Reached more than 2,300 students, teachers, local government officials, coastal decision makers, and other members of the coastal community through workshops, reserve site field trips, summer camps, and other educational activities conducted by the staff of the N.C. Coastal Reserve and National Estuarine Research Reserve. Participants learned about the importance of estuaries, environmental stewardship, estuarine shoreline stabilization alternatives, low impact development, and research conducted at reserve sites. The Reserve program also utilized community and student volunteers in a variety of stewardship activities across the ten Reserve sites, from clean-ups to species monitoring, resulting in more than 1,200 hours of service to the program.

2013 CRC Meetings Schedule

Dates for 2013 CRC meetings are listed below. Meeting locations have not yet been determined.

• February 6-7, Wilmington
• April 24-26
• July 10-12
• September 25-27
• December 4-6

Legal Update of Active Cases

Cases in the North Carolina Court of Appeals:

The Riggings HOA v. CRC (New Hanover 09 CVS 2761) - Judicial review of the CRC’s denial of a variance on re-hearing to allow expired sandbags to remain with no definite end date.

Busik v. CRC and 1118 Longwood (Brunswick 11 CVS 2596) - CRC’s Final Agency Decision regarding the interpretation of the ocean erosion setback rule (15A NCAC 7H .0306).

Cases in the Office of Administrative Hearings (OAH):

Sansotta et al. v. DCM (12 EHR 1689) & Toloczko v. DCM (12 EHR 1690) - Appeal of DCM’s denial for developing new septic systems on six Nags Head lots because, among other reasons, they do not meet the ocean erosion setback.

Cherry Inc. v. DCM (12 EHR 2285) - Appeal of DCM’s denial for developing new septic systems on a lot in Nags Head because, among other reasons, it does not meet the ocean erosion setback.

Cases in Wake County Superior Court:

Defenders of Wildlife & NWRA v. CRC (12 CVS 16364) – Appeal by Petitioners of the CRC Chairman’s denial of their request for a hearing in OAH to challenge the Bonner Bridge CAMA Permit, pursuant to 113A-121.1.

Director's Note:

Summer has been a busy season for the N.C. Division of Coastal Management. As with prior years, warmer weather has been accompanied by an increase in permit applications for coastal development. We have also continued to receive requests for repairs of structures damaged by Hurricane Irene (through a Coastal Area Management Act (CAMA) Emergency General Permit issued last August).

While we understand that few enjoy the prospect of applying for a permit, we continue to take pride in our efforts to deliver exceptional customer service and make the experience as understandable, painless and meaningful as possible. Our goal is to help anyone, from a large-scale developer to an individual homeowner, navigate the federal and state regulations that apply to a wide range of ocean, beachfront and estuarine development activities. Since I joined DCM in December 2011, I have been very impressed with our staff’s dedication to assisting applicants throughout the permitting process and maintaining a “how can we help” attitude. We also recognize that we can always improve, and we would welcome your feedback.

One of our highest priorities is to keep North Carolina’s communities and stakeholders aware of and involved in the projects, events, policy discussions and programs underway at DCM. With that in mind, we’ve changed the format of our newsletter and will now make it available both through email and on our website. Please feel free to share with others who may be interested, and let us know if you have any feedback on our new format or suggestions for future newsletters. If you would like to send comments or have your name added or removed from the email list, please email your request to Michele.Walker@ncdenr.gov. And please visit our website at www.nccoastalmanagement.net for additional information about our program.

Sincerely,

Braxton Davis, DCM Director

In this Issue:

• Letters Highlight DCM Customer Service
• DCM and DWQ Work to Further Streamline Coastal Permitting in Buffer Areas
• Renewed Focus on Compliance Assistance
• CRC Draft Sea-Level Rise Policy Development
• Estuarine Shoreline Mapping Project Milestone
• New and Recertified N.C. Clean Marinas
• Public Hearings on Oceanfront Erosion Rates Scheduled
• DCM honors Kill Devil Hills LPO
• 40th anniversary of the Federal Coastal Zone Management Act
• Coastal Reserve Programs
• Legislative Update
• Legal Update

Letters Highlight DCM Customer Service

The efforts of DCM staff to provide the best customer service were recognized recently by some of our customers.

In a letter to the editor of the Carteret News Times, a gentleman who recently applied for a CAMA permit to install a pier on his property praised the DCM Morehead City staff for their professionalism:

“I have worked with most permitting agencies, from the EPA to local planning and building offices, and can assure you that I have never been met with the professionalism and expedience shown by Mr. [Barry] Guthrie and other staff from the Morehead City CAMA office. … This was proof to me that there are professional, courteous and knowledgeable government workers out there. These guys are tasked with the impossible job of both protecting the fragile coastal environment and permitting responsible coastal development … I can tell you from experience that North Carolina is doing a fabulous job at being proactive in protecting natural beauty and charm while allowing development at a responsible rate.”

A recent email from a variance petitioner also praised DCM staff:

“[Through my work] I have had the opportunity to deal with local municipalities, USPS, DoD, etc. I generally do not look forward to these events as they can be a bit frustrating. However, every single dealing I have had with you has been a pleasure. Everyone was helpful, knowledgeable and pleasant. If all agencies across our country treated people the way you do, our government would have a much better reputation.”

DCM is always proud of our staff’s commitment to providing our customers with the very best service!

DCM and Division of Water Quality (DWQ) Work to Further Streamline Coastal Permitting in Buffer Areas

The divisions of Coastal Management and Water Quality have updated an agreement that allows DCM permitting staff to review and approve certain activities in the Neuse River and Tar-Pamlico River riparian buffer areas. These changes will allow DCM to process certain applications under the CAMA Minor Permit program, rather than using the longer and more expensive CAMA Major Permit process, saving our applicants time and money. 

Beginning in 2009, DCM was granted the authority, on behalf of DWQ, to review and approve requests for buffer authorization certificates for development projects that also require a Coastal Area Management Act permit.

The updated agreement allows DCM to process applications as Minor Permits and/or Exemptions as long as the applicant complies with DWQ’s table of exempt uses for the Neuse River Basin or the Tar-Pamlico River Basin, and has also signed the buffer authorization certificate for certain CAMA Minor Permits in the Neuse and Tar-Pamlico River basins. In addition, it also allows DCM to process certain applications under a CAMA Minor Permit if the applicant has obtained a buffer authorization from DWQ.

For more information, contact David Moye at david.moye@ncdenr.gov

Renewed Focus on Compliance Assistance

The N.C. Department of Environment and Natural Resources has started implementing a three-tiered approach to enforcement, with the severity of enforcement response increasing for each tier. Under this approach, DCM’s regulatory and compliance staff is continuing to provide guidance for projects requiring a CAMA permit and monitor permitted projects so that staff can offer compliance assistance to the community. DCM field representatives and compliance representatives strive to detect potential violations early in the development process so the project and the permittee may be guided toward compliance with Coastal Resources Commission (CRC) rules and avoid enforcement actions. When voluntary compliance cannot be achieved, DCM uses the tiered enforcement program to provide fair but firm enforcement of the CRC’s development rules.

During the first half of 2012, DCM regulatory staff initiated 27 new enforcement actions and closed out 23 cases, including cases initiated prior to this year. A total of $11,425 in penalties was assessed and $9,351 has been collected. Assessed penalties are sent to the N.C. Department of Public Instruction.

During this period, staff also performed more than 977 inspections for permit monitoring, complaint investigations, violation investigations, restoration follow-up site visits and compliance assistance. The compliance rate of permitted projects is 96 percent, one of the highest compliance rates in the department. 

For more information, contact DCM compliance coordinator Roy Brownlow at roy.brownlow@ncdenr.gov.

CRC Draft Sea-Level Rise Policy Development 

During the past two years, the Coastal Resources Commission and DCM have been working to draft a sea-level rise policy for North Carolina. The policy, and sea-level rise in general, have been the subject of much recent debate in the N.C. General Assembly and the media. The following provides  a brief timeline of the policy’s development.

In 2009, the CRC identified sea-level rise as one of its priority issues. DCM staff developed a plan for examining the issue and engaging the public. The CRC also asked its Science Panel on Coastal Hazards to examine current and projected rates of sea level rise in the state. The Science Panel is a volunteer advisory body that was formed to take advantage of North Carolina’s expertise in coastal engineering and coastal geology. The group of North Carolina scientists and engineers provides the CRC with scientific data and recommendations on coastal issues.

A 2009 survey designed to gain insight into public understanding on sea-level rise in North Carolina showed an overwhelming perception among respondents that sea-level rise is occurring, and a desire for a coordinated state response. Additionally, the CRC topped the list of agencies that respondents believed should be addressing the issue.

An N.C. Sea-Level Rise Science Forum was held in January 2010, attracting more than 250 stakeholders and several national and state expert speakers. The forum culminated with the presentation of the science panel’s preliminary report on sea-level rise. The report synthesizes the best available science on sea-level rise, and provides a projected range of expected relative sea-level rise for North Carolina through 2100. 

The panel’s report acknowledged the large uncertainties in attempting to forecast future sea levels through the end of the century, and indicated that the most likely scenario for sea-level rise in North Carolina is between 15 inches and 55 inches by 2100. The report recommended the adoption of one meter (or approximately 39 inches) of sea-level rise as a guideline for future policy development and planning purposes, an amount within the recommended range of many national and international scientific institutions.

Following the release of the science panel’s report, the CRC worked with DCM to develop a draft sea-level rise policy that included some of the panel’s recommendations. The initial draft of the policy included the recommendation of one meter (39 inches) of sea-level rise by 2100 as a planning benchmark. However, following a series of meetings with local government officials who expressed concerns about the draft policy, the CRC removed the one-meter benchmark from the policy in February 2011, along with any suggestion that local governments needed to include sea-level rise projections in land use planning.

In April 2012, the science panel issued an addendum to their initial report which examined studies released since the original report was issued. Based on this review, the panel found no reason to revise their original recommendations.

The CRC does not have any active proposal to regulate development or require that local land use planning be based on a rate or amount of sea-level rise. The current version of the CRC’s draft sea-level rise policy has been reviewed to ensure the emphasis is on education, research and technical support, not regulation.

DCM and the CRC will work with the science panel to update the panel’s 2010 Sea-Level Rise Assessment Report as required by House Bill 819. At its upcoming August meeting, the CRC will continue discussions centered on a draft non-regulatory sea-level rise policy. The CRC will also continue to engage with partners on sea-level rise research and monitoring; identifying and evaluating adaptation strategies; and targeted education and outreach activities in line with other program efforts focused on mitigating the impacts of a variety of coastal hazards.

For more information, contact Tancred Miller at tancred.miller@ncdenr.gov.

Estuarine Shoreline Mapping Project Milestone  

How many miles of North Carolina’s estuarine shoreline are bulkheaded? How many docks and piers exist on a particular waterway? How much of the shoreline is fronted by marsh?

Those questions, and more, could soon be answered thanks to DCM’s ongoing Estuarine Shoreline Mapping Project. DCM staff recently completed the creation of a continuous digital estuarine shoreline map for North Carolina, a project that included identifying the mileage of different shoreline types such as marsh and sediment banks, and the number of shoreline structures such as piers and bulkheads along the state’s more than 12,000 miles of estuarine shoreline.

The maps can be used by DCM and other agencies to inventory shorelines and structures, study the relationships of shoreline structures and shoreline type, monitor future trends of shoreline development, and better understand the cumulative effects of development on the estuarine environment.

Next steps in the project include a more in-depth analysis of the shoreline, including calculating the length of five distinct shoreline types, length of the types of modified shoreline, and the number of modified structures; identifying regional development trends; and analysis of the distribution of coastal structures.

For more information, contact Kevin McVerry at kevin.mcverry@ncdenr.gov or Ken Richardson at ken.richardson@ncdenr.gov.

New and recertified N.C. Clean Marinas 

Six coastal marinas – Mona Black Marina, Federal Point Yacht Club and Carolina Beach State Park, all in Carolina Beach; Coinjock Marina in Coinjock, N.C.; the Boathouse in Beaufort, N.C.; and Harbor Oaks Boataminium in Carolina Beach, N.C.  – have recently been certified as North Carolina Clean Marinas, a designation given to marinas that exceed the state’s environmental regulations. In addition to the three newcomers, six coastal marinas have been recertified as N.C. Clean Marinas: Cypress Landing Marina, Harbour Village Marina, Wilmington Marine Center, Joyner Marina, Southport Marina and New Bern Grand Marina.

The Clean Marina program illustrates how marina operators can help safeguard the environment by using management and operation techniques that exceed environmental requirements. To earn the certification, the marina’s owners prepare spill prevention plans and conduct safety and emergency planning. Marina operators also control boat maintenance activities to protect water quality. Marinas must complete the recertification process every two years in order to retain their certification as a North Carolina Clean Marina.

For more information, contact Clean Marina Program coordinator Pat Durrett at pat.durrett@ncdenr.gov.

Public Hearings on Oceanfront Erosion Rates Scheduled

The CRC will conduct eight public hearings in August and September on a proposal to incorporate updated long-term average annual erosion rates into the state’s oceanfront development rules.

Hearings will take place in each of the eight coastal counties that contain ocean shoreline:

5 p.m. Aug. 28 – New Hanover County Government Center, 230 Government Center Drive, Wilmington
5 p.m. Aug. 29 – Sea Trail Golf Resort and Convention Center, 75A Clubhouse Road, Sunset Beach
2 p.m. Sept. 5 – Ocracoke Volunteer Fire Department, 215 Black Road, Ocracoke
5 p.m. Sept. 6 – N.C. Division of Coastal Management, 400 Commerce Ave., Morehead City
3 p.m. Sept. 11 – Outer Banks Center for Wildlife Education, 1160 Village Lane, Corolla
7 p.m. Sept. 11 – Kill Devil Hills Town Hall, 102 Town Hall Drive, Kill Devil Hills
3 p.m. Sept. 13 – Surf City Town Hall, 241 North New River Drive, Surf City
5 p.m. Sept. 18 – North Topsail Beach City Hall, 2008 Loggerhead Court, North Topsail Beach

Written comments may be sent to Braxton Davis, N.C. Division of Coastal Management, 400 Commerce Ave., Morehead City, N.C. 28557, or by e-mail to Braxton.Davis@ncdenr.gov. The deadline for written comments is Oct. 1.

A long-term average annual erosion rate is based on the average amount of erosion that occurs each year over a period of about 50 years. By measuring movement of the ocean shoreline over a long period of time, the Division of Coastal Management is able to develop a more accurate representation of the net shoreline change, taking into account normal shoreline movement, beach nourishment and storms.

DCM uses long-term average annual erosion rates in determining setback distances for oceanfront construction. Setbacks are measured from the first line of stable natural vegetation.

For more information, contact Ken Richardson at ken.richardson@ncdenr.gov.

DCM Honors Kill Devil Hills LPO

DCM director Braxton Davis recently presented a certificate to Donna Elliott, local permit officer for the Town of Kill Devil Hills, recognizing her 25 years of service as an LPO for the town. Local Permit Officers in coastal communities issue CAMA Minor Permits through a cooperative agreement with the division.

40th Anniversary of the Federal Coastal Zone Management Act

The Federal Coastal Zone Management Act is celebrating its 40th anniversary this year. One of the least known but most important federal environmental laws ever passed, the CZMA has protected America’s coasts since its passage in 1972. The CZMA facilitated coastal states working together to plan the development of America’s shoreline while also protecting it, and also called for the formation of National Estuarine Research Reserves – protected areas along the coast where long-term research about the health of America's marine ecosystems could be conducted. North Carolina is home to four NERR sites, natural areas that provide research data and also serve to educate local decision-makers and the public about coastal issues. NOAA’s Office of Coastal and Ocean Resource Management recently produced a video celebrating the 40th anniversary of this landmark act: http://www.youtube.com/watch?v=1HssYjooviQ.

Coastal Reserve Programs

The Coastal Training Program recently hosted two “Estuarine Shorelines: Value, Regulation, and Stabilization” workshops in Beaufort and Wilmington. The goal of these workshops was to introduce participants to the value and function of estuarine habitats; how estuarine habitats and shoreline stabilization structures may be affected by sea level rise; the techniques and design elements of all methods of estuarine shoreline stabilization; and permitting requirements of all methods of estuarine shoreline stabilization, including alternative methods. The workshops included field trips to marsh sill stabilization projects. The 103 attendees included homeowners, marine contractors, engineers, planners and state agency staff.

More than 425 K-12 students participated in field trips to the Rachel Carson Reserve this spring. These trips are offered in the spring and fall to schools and address N.C. Standard Course of Study areas in science, social studies and language arts.

Summer public field trips are happening now at the Rachel Carson Reserve. The field trips are held every Tuesday and Thursday from 8:30-10:30 a.m. through Aug. 30. The field trips are tide-dependant and include either a nature hike on the island, a boat trip to the boardwalk on Carrot Island or a boating trip circumnavigating the reserve with a stop at Middle Marsh. Reservations are required. For more information, please visit the reserve website.

Legislative Update – Ratified Bills from 2012 Short Session

HB 819 Modify Coastal Management Policies
Section 1 specifically names in the General Statute the 20 counties designated as coastal area counties.

Section 2 requires the CRC to further study sea-level rise and places a moratorium on the adoption of any official rates of sea level rise for regulatory purposes until July 2016.

Section 3 allows for the repair or replacement of single-family or duplex residential structures constructed prior to Aug. 11, 2009, that are greater than 5,000 square feet in total floor area, and that do not meet the current oceanfront setback requirements. The structure must be rebuilt in the original footprint. This section creates a “grandfathering” provision for residential structures greater than 5,000 square feet, allowing them to be rebuilt under setback rules in effect prior to 2009.

Section 4 directs the CRC to study the feasibility of creating a new Area of Environmental Concern for the lands and waters adjacent to the mouth of the Cape Fear River, including the town of Caswell Beach and the Village of Bald Head Island.

Section 5 directs the CRC to study the feasibility of eliminating the Inlet Hazard Area Area of Environmental Concern.

HB950 – Appropriations
Section 12 requires that grants for projects with partnering local municipalities awarded prior to the effective date of the act be transferred directly to the local municipality. This would direct DCM to transfer an $800,000 public access grant awarded to the N.C. Division of Aquariums for land acquisition in Carolina Beach.

Legal Update of Active Cases

Cases in the North Carolina Court of Appeals:

State ex rel. Freeman (DENR) v. Pharr (COA11-1302) - Appeal of a judgment at trial in favor of the Pharrs finding that the filling of two lots on Ocracoke were not coastal wetlands as claimed by DCM.

The Riggings HOA v. CRC (New Hanover 09 CVS 2761) - Judicial review of the CRC’s denial of a variance on re-hearing to allow expired sandbags to remain with no definite end date.

Busik v. CRC and 1118 Longwood (Brunswick 11 CVS 2596) - CRC’s Final Agency Decision regarding the interpretation of the ocean erosion setback rule (15A NCAC 7H .0306).

Cases in the Office of Administrative Hearings (OAH):

Sansotta et al. v. DCM (12 EHR 1689) & Toloczko v. DCM (12 EHR 1690) - Appeal of DCM’s denial for developing new septic systems on six Nags Head lots because, among other reasons, they do not meet the ocean erosion setback.

Cherry Inc. v. DCM (12 EHR 2285) - Appeal of DCM’s denial for developing new septic systems on a lot in Nags Head because, among other reasons, it does not meet the ocean erosion setback.

• · CRC remands sea level rise policy to committee for further review
• · Editorial from CRC chairman Bob Emory on sea-level rise policy
• · Southern reserve sites schedule Local Advisory Committees, volunteer training and more this spring
• · Like the Coastal Reserves? “Like” us on Facebook too!
• · Summer Camps at Rachel Carson Reserve
• · N.C. Coastal Reserve accepting applications for membership on 10 Coastal Reserve Local Advisory Committees
• · The CAMAgram is changing
• · Staff News
• · CRC actions from February

CRC remands sea level rise policy to committee for further review

At its meeting in February, the N.C. Coastal Resources Commission decided to continue working on its draft sea level rise policy before beginning the formal rulemaking process. The draft policy will be reviewed in April by one of the Commission’s two standing committees.

Some CRC members expressed a desire for additional time to refine some of the policy’s language, and commission members also wanted to hear the CRC Science Panel’s response to recent critiques of their 2010 sea level rise report before making a decision on the policy.

Originally scheduled for the February meeting, the Science Panel’s presentation on their response was postponed to allow the panel members more time to review and comment on it.

The panel’s response will be made available on DCM’s website as soon as it is completed and the presentation of the response has been rescheduled for the April CRC Meeting.

The most recent draft of the Commission’s sea level rise policy is available for review on the DCM website.

Southern coastal reserve sites Local Advisory Committee meetings scheduled for March and April

Local Advisory Committees for the Masonboro Island components of the N. C. National Estuarine Research Reserve and the Bald Head Woods Coastal Reserve will meet in March, and the Local Advisory Committee for the Zeke’s Island Reserve will meet in April. The meetings are open to the public.

· The Masonboro Island Local Advisory Committee will meet from 6-8 p.m. March 5, in the Habitat Conference Room of the UNCW Center for Marine Science, 5600 Marvin K. Moss Lane, Wilmington, N.C.
 

· The Bald Head Woods Local Advisory Committee will meet at 10 a.m. March 8, at the Bald Head Island Conservancy, 700 Federal Rd., Bald Head Island, N.C.

· The Zeke’s Island Local Advisory Committee will meet at 3 p.m. April 3, in the meeting room of the Fort Fisher Recreation Area, 1000 Loggerhead Rd., Kure Beach, N.C.

The committees consist of local residents, partners and leaders who provide the Division of Coastal Management’s Coastal Reserve and National Estuarine Research Reserve staff with guidance and feedback regarding management of the reserve sites.

N.C. Coastal Reserve and Friends of the Reserve host “Masonboro Cafés” in Wilmington and Carolina Beach

Masonboro Island Reserve staff and representatives from Friends of the Reserve’s local FOR Masonboro Island group will host free, informal “Masonboro Café” events in Wilmington and Carolina Beach over the next few months.  Join reserve staff for a casual discussion about theMasonboro Island Reserve, talk with staff and volunteers involved with protecting the island and its inhabitants, and learn about available volunteer opportunities.

For more information, please contact Stewardship Coordinator and Southern Sites Manager Hope Sutton at 910-962-2998 or via email at suttonh@uncw.edu.

Workshops – Camping on Masonboro Island

Reserve staff will lead two workshops about minimizing your impacts when camping on the Masonboro Island Reserve. Both workshops will be held at the UNCW Center for Marine Science, 5600 Marvin K. Moss Lane, Wilmington.

Thursday, March 15, 6-8 p.m.

Saturday, March 17, 10 a.m.-12 p.m. (repeat of session 1)

Education Sessions and Volunteer Recruitment

Reserve staff will present highlights of the Masonboro Island Reserve’s shorebird and turtle programs at two sessions in March and April.Both sessions will be held at the UNCW Center for Marine Science, 5600 Marvin K. Moss Lane, Wilmington.

· March 29, 6-7:30 p.m. - Birds of the Reserve

Learn about the natural history and ecology of marsh and shore birds and monitoring efforts at the Masonboro Island Reserve and through the SEANET volunteer monitoring program.

· April 12, 6-7:30 p.m. Sea Turtles & Diamondback Terrapins

Learn about the natural history and ecology of these protected reptiles, monitoring and protection efforts at the Masonboro Island Reserve and how you can get involved with these efforts.

Like the Coastal Reserves? “Like” us on Facebook too!

The Coastal Reserve Program and the Rachel Carson Reserve site debuted new Facebook pages in late December, joining the existing Masonboro Island Reserve Facebook page.

If you’re interested in keeping up to date with news from our reserve sites, use the following links to visit our pages and “like” them to keep in the loop.

Coastal Reserve Program: http://www.facebook.com/#!/pages/North-Carolina-Coastal-Reserve/251517631574646

Rachel Carson Reserve: http://www.facebook.com/#!/pages/Rachel-Carson-Reserve/100133366772928

Masonboro Island Reserve: http://www.facebook.com/#!/pages/Masonboro-Island/28183399842

Summer Camps at Rachel Carson Reserve

This summer the Rachel Carson Component of the North Carolina National Estuarine Research Reserve will again host educational programs for students of all ages. All classes will be hands-on, field-based estuarine studies. This program is made possible through a partnership with the North Carolina Maritime Museum. The Reserve is taking the lead on the following programs:

Preschool Storytime and Crafts- This program includes a story, estuarine critter observation, and a related craft. Registration is required, free of charge.

Seashore Life 1 (entering grades 1 & 2)- Students investigate coastal marine life with an emphasis on adaptations and food chains of the tidal flats, salt marshes and sounds. Field-based classes include a ferry ride, barrier hiking, and animal identification.

Coastal Conservation Fellows (entering grades 7-10) – Train with field biologists studying local flora and fauna. Students in this field course will learn data collection methods and how biologists make habitat conservation decisions.

For more information about these programs, please contact Lori Davis, Education Coordinator, at 252-838-0883 or lori.c.davis@ncdenr.gov, or visit the Reserve website.

The Reserve will also be assisting the Museum with their Coastal Adventuresprogram by offering nature hikes to the Rachel Carson Reserve, fish seining and plankton viewing. In addition to these programs, the Museum is also offering programs focusing on pirates, fishing, boat building and coastal photography. For more information about Museum programs, please contact Lori Duppstadt at 252-728-7317 or lori.duppstadt@ncdcr.gov.

Staff News

DCM’s budget officer, Arthur Stadiem, left the division at the end of October for a position with NCDOT’s Ferry Division.

The Raleigh DCM office was officially closed on Dec. 31, and three of our policy positions were relocated to the Morehead City headquarters office. Those positions include the coastal hazards specialist, coastal engineer, and strategic planning coordinator. The three employees in those positions – Steve Underwood, Bonnie Bendell and Guy Stefanski – have elected not to move to Morehead City, and have resigned from DCM.

Lori Davis is the new Reserves Education Coordinator.  Lori has served as the Reserve’s Education Specialist for the past ten years through a contract with UNCW.  In her new role, she will manage all K-12 student and teacher and general public programming. 

Paula Gillikin is the new Reserves Central Sites Manager.  Paula has served as the Reserve’s Rachel Carson Site Manager in a temporary capacity since 2007.  She will continue to steward the Rachel Carson site in her new role and will also be responsible for our Permuda Island Reserve. 

The CAMAgram is changing

Beginning with our next issue in spring 2012, DCM will be changing the format of the CAMAgram in an effort to improve communications with our readers. The newsletter will be delivered directly to your email, but will still be available on our website for review. We’ll also be including a note from the DCM director, legal news, and other information we hope will be useful.

As always, we welcome your feedback. If you’d like to receive the CAMAgram via email, or if you’d like to comment, please send an email to CAMAgram editor Michele Walker at Michele.walker@ncdenr.gov.