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HomeMy WebLinkAbout2018 Pender Co LUP CERT_8JAN2019ROY COOPER. GC.Ft't=i or MICHAEL S. REGAt Sea-etarY BRAXTONC, DAVIS Director MEMORANDUM TO: FROM: DATE: SUBJECT: NORTH CARflLINA Environmental Quality Mike Lopazanski, Policy & Planning Section Chief Division of Coastal Management Michael Christenbury, Wilmington District Planner Division of Coastal Management January 3, 2019 6 t Y Certification of the 2018 Pender 2.0 County Comprehensive Land Use Plan Recommendation /"l Certification of the 2018 Pender 2.0 County Comprehensive Land Use Plan with the determination that the County has met the substantive requirements outlined in the 15 NCAC 7B Land Use Plan Guidelines and that there are no conflicts with either state or federal law or the State's Coastal Management Program. Overview Pender County (hereinafter the "County") is located within southeast North Carolina and is bounded by Duplin and Sampson Counties to the north; Onslow County and the Atlantic Ocean to the east; New Hanover and Brunswick Counties to the south, and; Columbus and Bladen Counties to the west. Growth in Pender County is representative of what is happening throughout much of coastal North Carolina, where traditionally rural, agrarian communities are being challenged and transformed by substantial development and land use change. Areas close to the Atlantic Ocean and along the rivers of Pender County are experiencing enormous development interest and pressure. Over the next 20 to 30 years, Pender County leaders wil be continuously confronted with land use decisions that impact citizens and business owners. This plan will play an important role in guiding officials and staff through those decisions. The County is requesting Certification of the 2018 Pender 2.0 County Comprehensive Land Use Plan. The Pender County Commissioners held a duly advertised public hearing to consider the proposed Comprehensive Land Use Plan and voted unanimously, by resolution to adopt the Land Use Plan on August 20, 2018. 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. ?3;� As I :i 'A. Upaviserd s4 EavJrt irrtt nazi Rusi3tY North Carolina De partnient of Environmental Quality I Division of Coastal .Management Morehead City Office 400 Commerce Avenue Morehead City, North Carolina 2 557 252.80 .2808 •rovldes: r for your mailpiece =ry kept by the postal Servi prs: ,y ONLY be combined with slot available for any class c Eco �iderr Insuredoregisl )tee, a Return Receipt ma Returno the article and a n 3811) Return Receipt ial fee, delivery may b jorized a ent. Advise the 'estricted�eUvery" the Certifieod Mail rg g�p office detach and affix 1 ;e this ReCerse) PSNpt a 530pre- t 2006 Geor e Brown, Chairperson g � CERTIFIED MAIL RETURN RECEIPT Pender County Commissioners REQUESTED . PO Box 1519 Burgaw, NC 28425 11,led Mail Pr ;filing receipt ique identifier Mr.. Kyle Breuer CERTIFIED MAIL RETURN RECEIPT ;Ord of deliver, Planning Director REQUESTED and electronically: ant Reminae ified snail may PO Box 15.19 kbreuer@pendercountyqc.gov fled Man is ►, Burgaw, NC 28425.—INSURANCE b espeaseb iin additional f Iery. To obtain ;ipt (pS Form Endorse mail p plicate return fired. Re: Certification of 2018 Pender County Comprehensive Land Use Plan an additions ,essee's autho brsement "Re Dear Chairperson.Brown-and Mr. Breuer: oont -t the rk I the post o ipt is not nee Please find enclosed the written Final Agency Decision granting Pender County's request ATANT:.Save in 3e00; August .for certification of its 2018 Comprehensive Land Use Plan. Let me know if you have any questions. - Very truly yours, r xton C. Davis,. Director NC Division of Coastal Management cc. via email: M. Renee Cahoon, Chair Mary L. Lucasse, Commission Counsel Michael Christenbury, Wilmington District Planner TKO 3rtmerttAtfFSpiriMt�itd.std4i�It�ity - North Carofin<iDepat rrterrt of i nvfi»tnrnen.tai Quality ! iistan of Coastal Ivtariagenlert't Elisabeth City Office 1401 Stauth %riff Ir Street:; Sultc 300 }. Elizabeth City, North. Car6llna 27909 2521643901 "' "STATE OF NORTH CAROLINA COUNTY OF PENDER IN THE MATTER OF THE REQUEST FOR CERTIFICATION OF THE 20018 PENDER 2.0 COUNTY COMPREHENSIVE LAND USE PLAN COASTAL RESOURCES COMMISSION DIVISION OF COASTAL MANAGEMENT FINAL AGENCY DECISION FACTS 1. The 2018 Pender 2.0 County Comprehensive Land Use Plan was adopted August 20, 2018 by Pender County, North Carolina. 2. Pender County is located within. southeast North Carolina and is bounded by Duplin and Sampson'Counties to the north; Onslow County and the Atlantic Ocean to the east; New Hanover and Brunswick Counties to the south, and; Columbus and Bladen Counties to the west. 3. Pender County is requesting certification of the 2018 Pender 2.0 Comprehensive Plan which can be found at hqps:Hdeq.nc.gov/-aboLit/division* s/coastal-inana2ement/coastal-tnanaage ment-land- use-planning/certified-lops/gender-county.The 2018 Pender 2.0 Comprehensive Plan updates the existing Pender County, North Carolina CAMA Comprehensive Land Use Plan previously certified by the Coastal Resources Commission on August 20, 2012. 4. Pender County adopted the 2018 Comprehensive Plan by resolution on August 20, 2018 after a duly advertised public hearing. 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. W1 CONCLUSIONS OF LAW. 1. Pender County's 2018 Comprehensive Plan has met the substantive requirements outlined within the 15A NCAC 7B Land Use Planning Requirements effective February 1, 2016. 2. There are no conflicts evident in Pender County's 2018 Comprehensive Plan with either state or federal law or the State's Coastal Management Program. 3. The elected body of Pender.County made a final decision on the contents of the 2018 Comprehensive 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 .0802 and .0803, and Pender County's 2018 Comprehensive Plan was submitted to the NC Division of Coastal Management Commission 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. § 1 13A- 1 10(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, Pender County's request for certification of the Pender County: Comprehensive Land Use Plan ("2018 Comprehensive Plan") is GRANTED. This the cn day of -,JAA1q&U 2019. Braxton C. Davis, Director N.C. Division of Coastal Management 2 CERTIFICATE OF SERVICE This is to certify that I have served a copy of the attached Final Agency Decision to Pender County and the North Carolina Coastal Resources Commission by the means specified below: Method of Service George Brown, Chairperson CERTIFIED MAIL RETURN RECEIPT Pender County Commissioners REQUESTED and electronically: PO Box 1519 gbrowi!@pendercountync.gov Burgaw, NC 28425 Mr. Kyle Breuer CERTIFIED MAIL RETURN RECEIPT Planning Director REQUESTED and electronically: PO Box 1519 kbreuer@pendercoLintync.gov Burgaw, NC 28425 M. Renee Cahoon, Chair Electronically: Renee.Cahoon@ncdenr.gov Coastal Resources Commission Mary L. Lucasse Electronically: mlucasse@ncdoj.gov Commission Counsel NC Coastal Resources Commission PO Box 629 Raleigh, NC 27602 This is the to day o Angela. 011iAssistant to the Director 3 1300rd of Commissioners - — _ George R, Brown, Jr., Chairman Archibald 'Fred' McCoy, Vice Chairman Jaquellne A. (Jackie) Newton David A. Piepmeyer J. David Willieme, Jr. County Manager PENDER COUNTY NC Randell K.�Woodruff ' t County Attorney Carl K "Prey' Thurman RESOLUTION OF THE 130ARD OF COMMISSIONERS OF PENDER COUNTY, NORTH CAROLINA, ADOPTING THE PENDER 2.0 COUNTY COMPREHENISVE LAND USE PLAN WHEREAS, from January 2017 through October 2017 the County drafted the Fender 2.0 Comprehensive Land Use Plan, and conducted a series of public workshops and meetings as part of a comprehensive public participation program; and • WHEREAS, the Pender 2.0 Comprehensive Land Use Plan was unanimousfy recommended for approval by the Commissioners Advisory Committee and the County's Planning Board on October 26, 2017 and February 6, 20i8 respectively; and WHEREAS, the Division of Coastal Management's (DCM) Wilmington District Planner found the Pender 2.0 Comprehensive Land Use Plan to be consistent with. the rules of the Coastal Resources Commission; and WHEREAS, at a duly advertised meeting on August 20, 2018 the County Board of Commissioners held a public hearing on the draft Pender 2.0 Comprehensive Land'Use Plan; and WHEREAS, the adopted Plan will be sent to the Coastal Resources Commission and the Division of Coastal Management for certification. NOVA, THEREFORE, BE IT RESOLVED THAT the Board of Commissioners of Pender County have adopted the draft Pender 2.0 Comprehensive Land Use Plan; alnd BE IT FURTHER RESOLVED that the Planning Director of Pender County is hereby authorized to submit the adopted Pender 2.0 Comprehensive Land Use Plantothe State for certifiabtion as described above. Adopted this 20th day of August 2018. 1�• GeorgeR. Brawn, Chairman Pender County Board, of Commissioners ATTEST: Melissa Long Clerk to the Board TM p Tgh,Y SEAL U�1 qy 4 ■ L Legal Ad for Pender County Governnient News AFFIDAVIT OF .PUBLICATION The Pender-Topsail Post & voice P. O, Box 955. Burgaw, NC; 28425 (910) 259-9111 Before: the undersigned Notary Public of Pender County, North Carolina, personally appeared James A. Pettigrew, who says that he is authorized to make this affidavit for The Pender- Topsail Post & Voice, that the notice or other legal advertisement which is attached hereto, waspublished in ..The Pendej*,Topsail .Past & Voice on the _ following dates: May 17, 2018 The newspaper in which notice of legal advertisement was published was, at the time of each and every such publication, a newspaper of general circulation in Pender County meeting, all the. requirements and _ qualifications of Chapter 1-597 of the General Statutes of North Carolina. Si nat re of Affiant Sworn to and subscribed before me this date, ,2018. Signature of Notary Public SEAL '3•,�n •201 Y