Town of Duck LUP Certification - 2021

ROY COOPER
Governor
ELIZABET14 S. BISER
Secretary
BRAXTON DAVIS
Director
Mayor Don Kingston
Town of Duck
135 Fawn Court
Duck, NC 27949
Drew Havens, Town Manager
Town of Duck
P. O. Box 8369
Duck, NC 27949
NORTH CAROLINA
Environ enta!Quality
November 16, 2021
CERTIFIED MAIL RETURN RECEIPT
REQUESTED
CERTIFIED MAIL RETURN RECEIPT
REQUESTED and electronically:
[e-mail]
Re: Certification of Town of Duck Comprehensive and CAMA Land Use Plan
Dear Mayor Kingston and Mr. Havens:
Please find enclosed the written Final Agency Decision granting the Town of Duck's
request for certification of its Land Use Plan Update. Let me know if you have any questions.
Very truly yours,
Braxton C. Davis, Director
NC Division of Coastal Management
cc via email: M. Renee Cahoon, Chair
Mary L. Lucasse, Commission Counsel
Charlan Owens, AICP, Elizabeth City District Planner
q North Carolina Department of Environmental Quality I Division of Coastal Management
,—D.E J! Elizabeth City Office ! 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909
4� 2.52.264.3901

STATE OF NORTH CAROLINA COASTAL RESOURCES COMMISSION
COUNTY OF DARE DIVISION OF COASTAL MANAGEMENT
IN THE MATTER OF THE REQUEST
FOR CERTIFICATION OF THE TOWN
OF DUCK COMPREHENSIVE AND FINAL AGENCY DECISION
CAMA LAND USE PLAN
FACTS
1. This is the Town of Duck Comprehensive and CAMA Land Use Plan adopted
October 6, 2021 by the Town of Duck ("Land Use Plan Update").
2. The Town of Duck is located in Dare County and is bounded by Currituck County
to the north, the Atlantic Ocean to the east, the Town of Southern Shores to the south, and the
Currituck Sound to the west.
3. As of 2017, the estimated permanent population of Duck was 369 persons and the
estimated peak population was 21,450 persons.
4. The Town of Duck is requesting certification of the Land Use Plan Update that
replaces the Duck, North Carolina CAMA Core Land Use Plan certified by the Coastal Resources
Commission on April 8, 2005.
5. The Land Use Plan Update supports the Town's vision of a thriving coastal
community that respects and values its delicate yet dynamic barrier island environment — clean
waters and beaches, maritime forests, wetlands, and dunescapes, along with other goals, while also
addressing public beach and waterfront access, land use compatibility, infrastructure carrying
capacity, natural hazard areas and water quality.
6. A duly advertised public hearing on the Land Use Plan Update was held on October
6, 2021. No comments were received at the public hearing.

7. The Town of Duck adopted the Land Use Plan Update by resolution on October 6,
2021. The public had the opportunity to provide written comments on the plan to the Division of
Coastal Management up to thirty (30) calendar days after local adoption. No comments were
received.
CONCLUSIONS OF LAW
1. The Town of Duck Comprehensive and CAMA Land Use Plan ("Land Use Plan
Update") has met the substantive requirements outlined within the Land Use Planning
Requirements effective February 1, 2016.
2. There are no conflicts evident in the Land Use Plan Update with either state or
federal law or the State's Coastal Management Program.
3. The elected body of the Town of Duck made a final decision on the contents of
the Land Use Plan Update and provided opportunity for the public to provide written comment
following local adoption of the plan, as required by N.C.G.S. § 113A-110 and 15A NCAC 7B
.0802 and .0803, and the Land Use Plan Update was submitted to the NC Division of Coastal
Management Commission without written objection or comment from the public.
DECISION
For the reasons stated herein, the Town of Duck's request for certification of the Town of
Duck Comprehensive and CAMA Land Use Plan ("Land Use Plan Update") is GRANTED.
This the Hday of � w&m6bZ 2021.
Braxton C. Davis, Executive Director
N.C. Division of Coastal Management
A)

CERTIFICATE OF SERVICE
This is to certify that I have served a copy of the attached Final Agency Decision to the
Town of Duck and the North Carolina Coastal Resources Commission by the means specified
below:
Mayor Don Kingston
Town of Duck
135 Fawn Court
Duck, NC 27949
Drew Havens, Town Manager
Town of Duck
P. O. Box 8369
Duck, NC 27949
M. Renee Cahoon, Chair
Coastal Resources Commission
Mary L. Lucasse
Commission Counsel
NC Coastal Resources Commission
PO Box 629
Raleigh, NC 27602
Method of Service
CERTIFIED MAIL RETURN RECEIPT
REQUESTED
CERTIFIED MAIL RETURN RECEIPT
REQUESTED
Electronically: Renee.Cahoon(ancdenr.gov
Electronically: mlucassekncdoj.gov
This is the Iq day of Qye feft�w 2021.
Angela Wil is, ecretary to the Director