2018 Pender Co LUP CERT_8JAN2019

ROY 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.
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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

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Geor e Brown, Chairperson
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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
[e-mail]
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Burgaw, NC 28425.—INSURANCE
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Re: Certification of 2018 Pender County Comprehensive Land Use Plan
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Dear Chairperson.Brown-and Mr. Breuer:
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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
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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
[e-mail]
Burgaw, NC 28425
M. Renee Cahoon, Chair
Electronically: [e-mail]
Coastal Resources Commission
Mary L. Lucasse
Electronically: [e-mail]
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

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L
Legal Ad for
Pender County Governnient News
AFFIDAVIT OF .PUBLICATION
The Pender-Topsail Post & voice
P. O, Box 955. Burgaw, NC; 28425
[phone]
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