Amend 1 IndianBeach_Cert01MAY2019

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
Tim White, Town Manager
Town of Indian Beach
1400 Salter Path Rd.
Indian Beach, NC 28512
Stewart Pickett, Mayor
Town of Indian Beach
1400 Salter Path Rd.
Indian Beach, NC 28512
NORTH CAROLINA
Environmental Quality
May 1, 2019
CERTIFIED MAIL RETURN RECEIPT
REQUESTED and electronically:
admin@ indianbeach.ora
CERTIFIED MAIL RETURN RECEIPT
REQUESTED
Re: Certification of Amendment to the Town of Indian Beach's Core Land Use Plan
Dear Mayor Pickett and Mr. White:
Please find enclosed the written Final Agency Decision granting the Town of Indian
Beach's request for certification of the first amendment to its Core Land Use Plan. 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
Rachel Love-Adrick, Morehead City District Planner
Neil B. Whitford, Attorney
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North Carolina Department of Envimnmentai quality I Division of Coastal Management
Morehead City Office ; 400 Commerce Avenue I Morehead City, North Carolina 28557
252.808,2808

STATE OF NORTH CAROLINA COASTAL RESOURCES COMMISSION
COUNTY OF CARTERET DIVISION OF COASTAL MANAGEMENT
IN THE MATTER OF THE TOWN OF )
INDIAN BEACH'S REQUEST FOR )
CERTIFICATION OF THE FIRST ) FINAL AGENCY DECISION
AMENDMENT TO CORE LAND USE )
PLAN )
FACTS
1. The Town of Indian Beach (hereinafter the "Town") is located on Bogue Banks in
eastern North Carolina in Carteret County and is bounded by Bogue Sound to the north,
unincorporated areas of Carteret County to the east, the Atlantic Ocean to the south, and the Town
of Emerald Isle to the west.
2. The Core Land Use Plan was certified by the Coastal Resources Commission
(CRC) on November 30, 2007. There have been no amendments to the Town's Core Land Use
Plan.
3. The Town is requesting certification of a text amendment to the Core Land Use
Plan to amend the policy designated as "P.55" to strike language opposing the installation of
package treatment plants and septic tanks or discharge of waste in any areas classified as natural
heritage areas. The policy will be amended as follows: "The Town opposes the installation of
package treatment plants and septic tanks or discharge of waste in any areas classified as coastal
wetlands or freshwater wetlands (404)., of natural heritage areas. This policy does not apply to
constructed wetlands."
4. The Town's Board of Commissioners held a duly advertised public hearing to
consider the proposed amendment to the Core Land Use Plan and voted, by resolution to adopt the
amendment on March 13, 2019. The public had the opportunity to provide written comments on
the plan up to thirty (30) calendar days after local adoption. No comments were received.

CONCLUSIONS OF LAW
1. This amendment to the Town's Core Land Use Plan has met the substantive
requirements outlined within the 2017 Land Use Plan Guidelines.
2. There are no conflicts evident in the first amendment to the Town's Core Land Use
Plan with either state or federal law or the State's Coastal Management Program.
3. The elected body of the Town made a final decision on the contents of the Amended
Core Land Use Plan 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 .0801 and
.0802, and The Town's Amended Core Land Use Plan Land Use Plan was submitted to the NC
Division of Coastal Management without written objection or comment from the public.
4. During its regularly scheduled meeting on November 7-8, 2017, the North Carolina
Coastal Resources Commission delegated to the Director of the North Carolina Division of Coastal
Management, Department of Environmental Quality, its authority to approve Land Use Plans
pursuant to N.C.G.S. §113A-110(f). The conditions under which the delegation was made are
included in the November 20, 2017 letter to Braxton Davis, Director from Commission Chair
Renee Cahoon. Pursuant to that delegation, the undersigned makes the following decision.
DECISION
For the reasons stated herein, the Town of Indian Beach's request for certification of the
amendment to its Core Land Use Plan is GRANTED.
This the cpt day of 2019.
Braxton C. Davis, Director
N.C. Division of Coastal Management
PJ

CERTIFICATE OF SERVICE
This is to certify that I have served a copy of the attached Final Agency Decision on the
Town of Indian Beach and the North Carolina Coastal Resources Commission by the means
specified below:
Tim White, Town Manager
Town of Indian Beach
1400 Salter Path Rd.
Indian Beach, NC 28512
Stewart Pickett, Mayor
Town of Indian Beach
1400 Salter Path Rd.
Indian Beach, NC 28512
Neil B. Whitford, Attorney
Method of Service
CERTIFIED MAIL RETURN RECEIPT
REQUESTED
and electronically [e-mail]
CERTIFIED MAIL RETURN RECEIPT
REQUESTED
U.S. Mail and electronically:
Kirkman, Whitford, Brady, Berryman & [e-mail]
Gordon, P.A.
Suite 105
710 Arendell Street
Morehead City, NC 28557
M. Renee Cahoon, Chair
Coastal Resources Commission
Mary L. Lucasse
Commission Counsel
NC Coastal Resources Commission
PO Box 629
Raleigh, NC 27602
Electronically: Renee. Cahoon @ncdenneov
Electronically: [e-mail]
Rachel Love-Adrick, District Planner Electronically: [e-mail]
Division of Coastal Management
400 Commerce Ave.
Morehead City, NC 28557-3421
This is thelll day of 2019.
Angela Wil is, ssistant to the Director