2011 CRC Actions

 

CRC Actions from Feb. 2011

At its Feb. 2011 meeting, the NC Coastal Resources Commission:

  • Granted a variance to Walton and Helene O’Neal, who sought relief from the Commission’s oceanfront setback rules for areas with a static line exception in order to construct a single-family home in Emerald Isle.
  • Denied a variance to Kenneth and Marilyn Wayland, who sought relief from the Commission’s oceanfront setback rules to replace a 29 square foot deck with a 300 square foot deck.
  • Certified a Land Use Plan for Dare County.
  • Certified a Land Use Plan for Hertford County.
  • Certified a Land Use Plan for the Town of Nags Head.
  • Certified a joint Land Use Plan for the Towns of New Bern, River Bend and Trent Woods.
  • Approved a recommendation to the General Assembly regarding Offshore Energy Exploration:

“Given that the Commission has acted upon recommendations from the Division’s Ocean Policy Study Committee to incorporate the siting of wind facilities in the CRC’s Use Standards and Coastal Energy Policies, and has broadened the language to cover all ocean-based energy development, the Coastal Resources Commission recommends allowing the Governor’s Scientific Advisory Panel to complete their work and recommendations. The fact that the North Carolina OCS area is not included in the 2012-2017 5-Year Lease Program gives the state time to thoughtfully consider actions of the General Assembly as well as the forthcoming recommendations and actions of other state entities working on the issue.”

  • Voted to accept the amended draft sea level rise policy.

CRC Actions from May 2011

At its May. 2011 meeting, the NC Coastal Resources Commission:

  • Approved for public hearing amendments to 15A NCAC 7H.0312 Sediment Criteria, which would reduce the sampling requirements for borrow areas located within regularly maintained navigation channels or sediment basins located within the active nearshore, beach or inlet shoal system, as well as borrow areas located within offshore dredged material disposal sites.
  • Approved for public hearing 15A NCAC 7H .0304(1)(a) 2011 Draft Erosion Rates, to update long-term average annual oceanfront erosion rates. Public hearings will be held in eight oceanfront counties.
  • Certified a Land Use Plan Amendment for the Town of Shallotte.

CRC Actions - May 24, 2012 Conference Call

During a May 24, 2012 Conference Call, the CRC:

  • Granted a variance to the Topsail Reef Homeowners Association, who sought relief from the commission’s sandbag rules in order to to construct sandbag revetments that exceed the dimensions, bag size and location permitted by the commission’s rules. The CRC’s rules limit sandbag structures to six feet in height and 20 feet in base width. The variance request seeks authorization to construct revetments up to 12 feet high, with a base width of between 40 feet and 45 feet.  The commission’s rules also limit placement of sandbag structures to a maximum of 20 feet waterward of threatened structures. The variance seeks the commission’s permission to place the sandbags as much as 29 feet waterward of the structures. The homeowners association also seeks a variance from other technical issues related to the methods of installing the sandbags. The variance was granted for buildings #1-5 only.

CRC Actions from August 2011

At its Aug. 2011 meeting, the CRC:

  • In the case of Busik v. DCM, rejected the decision of the Administrative Law Judge that DCM incorrectly interpreted 15A NCAC 07H.0306 regarding the definition of total floor area as used to calculate oceanfront setbacks. The CRC found that the ALJ incorrectly determined that for purposes of determining an oceanfront setback, the total floor area of all structures and buildings should be added together rather than adopting DCM’s interpretation that the total floor area of each separate structure or building determines the setback for that structure or building.
  • Granted a variance to Sugar Creek II, LLC, who sought a variance from the CRC’s 30-foot estuarine shoreline buffer rule in order to construct a 16-foot by 24-foot pergola at a restaurant in Nags Head.
  • Certified a Land Use Plan Amendment for Brunswick County.
  • Certified a Land Use Plan for the City of Jacksonville.
  • Approved the Fiscal Analysis for 15A NCAC 7H .0304 AECs Within Ocean Hazard Areas.
  • Approved the Fiscal Analysis for 15A NCAC 7K .0214 Installation and Maintenance of Regulatory Signs and Markers Exempted.
  • Approved the Fiscal Analysis for 15A NCAC 7H .0312 Technical Standards for Beach Fill Projects.
  • Approved for public hearing amendments to 15A NCAC 07H .0304 AECs Within Ocean Hazard Areas, to remove the 100-year storm recession line from the calculation used to determine the Ocean Erodible Area AEC.
  • Approved the 2011-2013 Coastal Habitat Protection Plan Implementation Plan.
  • Directed staff to develop suggested amendments to the CRC’s sandbag rules to extend the time limit to 8-years while maintaining the spirit of public access to the beach.  The rule language should incorporate staff’s recommendations about including language “for a community actively pursuing beach nourishment.”