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Debora Diaz, Town Manager
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Town of Kill Devil Hills
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102 Town Hall DriverKill
Devil Hills, NC 27948
Mayor Ben Sproul
Town of Kill Devil Hills
908 Sixth Avenue
Kill Devil Hills, NC 27948
Debora Diaz, Town Manager
Town of Kill Devil Hills
102 Town Hall Drive
Kill Devil Hills, NC 27948
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Ben S roul
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m on -Ire Town of Kill Devil Hills
Apt
O Street, .
908 Sixth Avenue
f. arPDeer Kill Devil Hills, NC 27948
Clry, Sfete,
CER7
REQUESTED
CERTIFIED MAIL RETURN RECEIPT
REQUESTED and electronically:
[e-mail]
Re: Certification of Town of Kill Devil Hills CAMA Land Use Plan Update
Dear Mayor Sproul and Ms. Diaz:
Please find enclosed the written Final Agency Decision granting the Town of Kill Devil
Hills' 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
[.�
North Carolina Department of Environmental Quality 1 Division of Coasta(Management
Elizabeth City Office c 401 South Griffin Street, Suite 300 i Elizabeth City, North Carolina 27909
252.264.3901

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STATE OF NORTH CAROLINA
COUNTY OF DARE
COASTAL RESOURCES COMMISSION
DIVISION OF COASTAL MANAGEMENT
IN THE MATTER OF THE REQUEST
FOR CERTIFICATION OF THE. TOWN
OF KILL DEVIL HILLS LAND USE FINAL AGENCY DECISION
PLAN
FACTS
1. This is the Town of Kill Devil Hills CAMA Land Use Plan Update adopted
September 14, 2020 by the Town of Kill Devil Hills ("Land Use Plan Update").
2. The Town of Kill Devil Hills is located in Dare County and is bounded by the Town
of Kitty Hawk to the north, the Atlantic Ocean to the east, and the Town of Nags Head to the south.
To the west, the Town is bounded by Kitty Hawk Bay, Colington Creek, unincorporated Colington
in Dare County, Buzzard Bay, and the Roanoke Sound.
3. As of 2016, the estimated permanent population of Kill Devil Hills was 6,948
persons and the estimated peak population was 35,852 persons.
4. The Town of Kill Devil Hills is requesting certification of the Land Use Plan
Update which can be found at https:Hdeq nc gov/about/divisions/coastal-management/coastal-
management-land-use-planninc/certified-lugs/dare-county . The Land Use Plan Update replaces
the 1997 Town of Kill Devil Hills Land Use Plan Update certified by the Coastal Resources
Commission on March 24, 2000.
5. The Land Use Plan Update supports the Town's vision for a community
l
characterized by a variety of residential and commercial development types serving year-round
residents and seasonal visitors, undisturbed natural areas such as the Fresh Pond and maritime
forest, and major tourist attractions including the nationally significant Wright Brothers National

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Memorial, the Atlantic Ocean, and adjacent waters, 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
September 14, 2020. No comments were received at the public hearing.
7. The Town of Kill Devil Hills adopted the Land Use Plan Update by resolution on
September 14, 2020. 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 Kill Devil Hills CAMA Land Use Plan Update ("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 Kill Devil Hills 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.
2

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 Kill Devil Hills' request for certification of the
Town of Kill Devil Hills CAMA Land Use Plan Update ("Land Use Plan Update") is
GRANTED.
This the th day ofV,46442020.
Braxton C. Davis, Director
N.C. Division of Coastal Management
3

CERTIFICATE OF SERVICE
This is to certify that I have served a copy of the attached Final Agency Decision to the
Town of Kill Devil Hills and the North Carolina Coastal Resources Commission by the means
specified below:
Mayor Ben Sproul
Town of Kill Devil Hills
908 Sixth Avenue
Kill Devil Hills, NC 27948
Debora Diaz, Town Manager
Town of Kill Devil Hills
102 Town Hall Drive
Kill Devil Hills, NC 27948
M. Renee Cahoon, Chair
Coastal Resources Commission
Method of Service
CERTIFIED MAIL RETURN RECEIPT
REQUESTED
CERTIFIED MAIL RETURN RECEIPT
REQUESTED
Electronically: [e-mail]
Mary L. Lucasse Electronically: mlucasse@ncdoLgov
Commission Counsel
NC Coastal Resources Commission
PO Box 629
Raleigh, NC 27602
This is the th day of 1 2020.
Angela W , lis, ssistant to the Director
11

ROY COOPER.
Governor
MI.CHAEL S. RECAN
Secretary
BRAX ON C. DAVIS
Director
MEMORANDUM
NORTH CAROLINA
Environmental Quality
To: Mike Lopazanski, DCM Deputy Director
cc: Tancred Miller, DCM Policy and Planning Section Chief
From: Charlan Owens, AICP, DCM Elizabeth City District Planner
Date: October 20, 2020
Subject: Certification of the Town of Kill Devil Hills CAMA Land Use Plan Update
Recommendation: CERTIFICATION of the Town of Kill Devil Hills CAMA Land Use
Plan Update based on the determination that the document has met the substantive
requirements outlined within the 7B Land Use Plan Guidelines and that there are no
conflicts evident with either state or federal law or the State's Coastal Management
Program.
Overview: The Town of Kill Devil Hills is located in Dare County and is bounded by the Town
of Kitty Hawk to the north, the Atlantic Ocean to the east, and the Town of Nags Head to the
south. To the west, it is bounded by Kitty Hawk Bay, Colington Creek, unincorporated
Colington in Dare County, Buzzard Bay, and the Roanoke Sound.
The 2016 estimate of permanent population in Kill Devil Hills was 6,948 persons. The peak
population (permanent plus seasonal) was estimated at 35,852 persons.
According to the Town's vision statement, it will continue to be a community characterized by a
variety of residential and commercial development types to serve year-round residents and
seasonal visitors, undisturbed natural areas such as the Fresh Pond and maritime forest, and
major tourist attractions including the nationally significant Wright Brothers National Memorial,
the Atlantic Ocean, and adjacent waters. Related local goals, policies and actions are included in
the plan.
The Town of Kill Devil Hills held a duly advertised public hearing and unanimously adopted the
plan at their regularly scheduled meeting on September 14, 2020.
The public was provided the opportunity to submit written comments on the plan to the Division
of Coastal Management up to thirty (30) days after the date of local adoption (October 14th). No
written comments or objections were received.
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':.north Carolina Department of Environmental Quality I Division of Coastal Management
Elizabeth City Office ! 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909
7.52.264:3901

North Carolina Department of Environmental Quality
Division of Coastal Management
MEMORANDUM
Page 2of2
The locally adopted Town of Kill Devil Hills CAMA Land Use Plan Update can be viewed at:
https:Hdeq.nc. gov/about/divisions/coastal-management/coastal-management-land-use-
planning/certified-lups/dare-county
The document file includes an organizational matrix (.pdf Pages 7 — 10) that indicates where the
CRC's rules have been met in the document. Policy statements and associated implementation
actions are located on .pdf Pages 95 — 104. The Future Land Use Map is located on .pdf Page 89
and the associated Future Land Use Category descriptions are located on .pdf Pages 87 — 88.
None of the policies are intended to exceed the use standards and permitting requirements for
Areas of Environmental Concern (AECs).

AFFIDAVIT OF PUBLICATION
nu 11 not an Invoke
THE COASTLAND TIMES
Post Office Box 400
Manteo, North Carolina 27954
IN ACCOUNT WITH
Aomiption Ad Number
AtWm r, leafn Iegd advoriltl» uo boldrm orui6lo lbr a ,Went.
NORTH CAROLINA
DARE COUNTY
AFVIDAVIT OF PUBLICATION
Before the undersigned, a Notary Public, duly comrglssfoned, quallfled, and authorized by law to
administer oaths, personally appeared the undenilped representative who being duly sworn, deposal and
says that he (she) is an employee or other officer auftrizad to make this affidavit of Outer Banks
Netvsmedle, LLC, engaged in the publication of a newspaper known ae The Coastlarid Times, Issued and
entered as second class mailing in the Town of Mantao, N.C., in said county and state, that he (she) is
authorized to make this affidavit and swam ktatement, and the notice or other legal advertisement, a true
copy of whioh is attached hereto, was published in The Cosstland'Times on the following. date(s);
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And that the said newspapef)n which such notice, paper, document or legal advertisement wes published
was at the time of each and every such publication, a nowspapor meeting all of the roquiroments and
quaiificlift" of SOW on 1.597 of the Oenetul Stables of North Carolina and was a qualified newspaper
within the mraaning of Section 1.597 of the (leaoml Statutes of North Carolhm.
This thi l y7oof�#',2020.
The braider — Nottaa of KWIC HoaHria
Ado pption of (ho
(Stew ngJroprosrnwrtwmatingv1davio �•Tokntol.Hi11;t70YHHlHs.
Swom to and subscribed before to me thid th day off J) It 2020.
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TOWN OF KILL DEVIL HILLS
Land lvVhereFlight Begart
RESOLUTION OF THE BOARD OF COMMISSIONERS OF
THE TOWN OF KILL DEVIL HILLS, NORTH CAROLINA,
ADOPTING THE TOWN'S CAMA LAND USE PLAN UPDATE
WHEREAS, from December 2017 through March 2020, the Town drafted a Coastal
Area Management Act (CAMA) Land Use Plan Update with the assistance of its consultant,
Holland Consulting Planners, Inc., and conducted a series of public workshops and meetings as
part of a comprehensive public participation program. under the leadership of the Planning
Board; and
WHEREAS, on July 21, 2020, the Planning Board recommended adoption of the draft
CAMA Land Use Plan; and
WHEREAS, at a duly advertised Regular Meeting on September 14, 2020, the Board of
Commissioners held a public hearing on the draft CAMAA. Land Use Plan; and
WHEREAS, at the Regular Meeting on September 14, 2020, the Board of Commissioners of the
Town of Kill Devil Hills, North Carolina, found the policies and Future Land Use Map in the
draft CAMA Land. Use Plan to be consistent with the Town's desired. vision for the fiiture and
unanimously approved to adopt the draft CAMA Land Use Plan; and
WHEREAS, the adopted Plan. will be submitted as required by state law to the Northeast
District Planner: for the Division. of Coastal Management under the North Carolina Department
of Environmental (duality and forwarded to the Coastal Resources Commission; and
WHEREAS, a review of the adopted Plan by the Coastal Resources Commission (CRC)
will be scheduled; and the CRC will then vote on certification of the Town's LAMA Land Use
Plan; and
WHEREAS, a certified Town of Kill Devil Hills CAMA Land Use Plan Update will be
forwarded to the Office for Coastal Management for federal approval.
NOW, THEREFORE, BE IT RESOLVED THAT the Board of Commissioners for the
Town of Kill Devil Mills, North Carolina, has unanimously adopted the draft CAMA Land Use
Plan Update; and

BE IT FURTHER RESOLVED that the Planning Director of Dill Devil Hills is hereby
authorized to submit the adopted LAMA Land Use Flan Update to the State for certification as
described above.
Adopted this 14 '"day of S�W
SEAL
ATTEST:
�Jam s Michael O'Dell Deputy Town Clerk
P .

Willis, Angela
From: Willis, Angela
Sent: Thursday, November 05, 202Q 1:32 PM
To: [e-mail]
Cc: Renee Cahoon; Lucasse, Mary; Owens, Chadan; Braxton Davis
Subject: Kill Devil Hills Land Use Plan Request for Certification
Attachments: Kill Devil Hills LUP Update.pdf
Good afternoon Ms. Diaz,
Please find attached a copy of the Final Agency Decision granting the Town of Kill Devil Hills' request for
certification of its Land Use Plan Update. The originals were sent out in the USPS today.
Have a great afternoon,
Angela
Angela Willis, Asst. to the Director
NC Division of Coastal Management
NC Department of Environmental Quality
400 Commerce Avenue
Morehead City, NC 28557
[phone] ext. 201
NORTH, CaF!GL.1N,
Email Correspondence to and from this address may be subject to the North Carolina Public Records Law and
may be disclosed to third parties.