CRC LUP Delegation of Authority

North Carolina Coastal Resources Commission
November 20, 2017
Via Email and US Mail:
LAMA Braxton Davis, Director
NC Division of Coastal Management
400 Commerce Ave.
Morehead City, NC 28557-3421
Roy COOPER
GOVERNOR Re: Delegation of authority to review and approve Land Use Plans
Dear Director Davis,
RENEE M. CAHOON The purpose of this letter is to inform you of the decision made by the North
CHAIRMAN Carolina Coastal Resources Commission (Commission) at its November 7-8, 2017
meeting to delegate to the Director (Director) of the NC Division of Coastal
NEAL W. ANDREW Management (DCM), Department of Environmental Quality (DEQ), its authority to
VICE -CHAIR approve Land Use Plans pursuant to N.C.G.S. § 113A-11Oft Pursuant to N.C.G.S.
J. GREG LEWIS 113A-124(c)(9), the Commission is authorized "[t]o delegate the power to approve
SECOND VICE -CHAIR land -use plans in accordance with G.S. 113A-110(f) to any qualified employee of the
Department." S.L. 2017-209. This delegation is effective immediately.
LARRY BALDWIN
This delegation includes the following conditions:
RICK CATLIN If upon review, the Director determines that the Land Use Plan or
DENISE GIBBS proposed revision or amendments to a Land Use Plan (Submission)
conflicts with state or federal law or the State's Coastal Management
ROBERTHIGH Program, the Submission shall not be approved. Instead, the Director
DOUG MEDLIN shall notify the applicant in writing of specific changes which must be
made in order for the Submission to be approved;
JOHN P. NORRIS
• If the Director or applicant determines that a Submission merits
RUSSELL RHODES, JR. additional scrutiny, it shall be forwarded to the full Commission for its
JAMIN SIMMONS review and a decision on the merits;
WILLIAM E. WHITE Any decision rendered pursuant to this delegation shall be based on
the criteria in the Commission's Land Use Plan guidelines set forth in
15A NCAC 07B and shall certify that there are no conflicts with either
state or federal law or the State's Coastal Management Program;
BRAXTON C. DAVIS The Director shall issue a written decision for each Submission which
EXECUTIVE DIRECTOR shall be referred to as a Final Agency Decision. Each decision shall
include sufficient detail to identify the Land Use Plan at issue and/or
the scope of approved revisions or amendments to the Land Use Plan;
• The Director shall notify the Commission at its next regularly
scheduled meeting of any Submissions received and the decision
made regarding each Submission.
Environmental
Quality
Division of Coastal Management
Department of Environmental Quality
400 Commerce Ave., Morehead City, North Carolina 28557
Phone [phone] FAX [phone]

Braxton C. Davis, Director
NC Division of Coastal Resources
November 20, 2017
Page 2
If you have any questions regarding this delegation, please contact Commission Counsel, Mary
L. Lucasse at [e-mail] or [phone]. Thank you.
Sincerely,
Renee Cahoon, Chair
Coastal Resources Commission
cc: Michael Regan, Secretary NC Department of Environmental Quality
Mary L. Lucasse, Esq. Counsel to the Commission