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Home My WebLink AboutAtlantic Beach LUP FAD_CERT24SEPT2021ROY COOPER Governor ELIZABET14 S. BIS£R Secretary BRAXTON DAVIS Da'ermr Mayor A.B. "Trace" Cooper, III Town of Atlantic Beach 125 West Fort Macon. Rd. Atlantic Beach, NC 28512 Mr. David Walker, Town Manager Town of Atlantic Beach 125 West Fort Macon Rd. Atlantic Beach, NC 28512 NORTH CAROLINA Environmental Quality September 1, 2021 CERTIFIED MAIL RETURN RECEIPT REQUESTED and electronically: TCooper@atlanticbeach-nc.com CERTIFIED MAIL RETURN RECEIPT REQUESTED and electronically: toNvnmanagerna,atlanticbeach-nc.com Re: Certification of the Town of Atlantic Beach CAMA Land Use Plan Update Dear Mayor Cooper and Mr. Walker: Please find enclosed the written Final Agency Decision granting certification to the Town of Atlantic Beach's CAMA Land Use Plan Update. Please 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 Michelle Shreve Eimer, Planning Director, Town of Atlantic Beach vrpeam�rpam� /�- North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 400 Commerce Avenue I Moorehead City, Nm th Carolina 28557 252,8082808 STATE OF NORTH CAROLINA COUNTY OF CARTERET IN THE MATTER OF THE REQUEST ) FOR CERTIFICATION OF THE TOWN ) OF ATLANTIC BEACH CAMA LAND ) USE PLAN UPDATE ) COASTAL RESOURCES COMMISSION DIVISION OF COASTAL MANAGEMENT FACTS FINAL AGENCY DECISION 1. This is the Town of Atlantic Beach's CAMA Land Use Plan Update (hereinafter the "Plan"), adopted July 26, 2021 by the Town of Atlantic Beach. 2. The Town of Atlantic Beach (hereinafter the "Town") is located on Bogue Banks in Carteret County. The Town is bounded by Bogue Sound to the north; Fort Macon State Park to the east; the Atlantic Ocean to the south, and the Town of Pine Knoll Shores to the west. 3. As of 2020 the estimated permanent population of Atlantic Beach was 1,536, and the estimated peak population was 29,560. The growth rate for the past decade was 0.5%. 4. The Town is requesting certification of the Plan which can be found at https:Hdeq.nc. gov/about/divisions/coastal-management/coastal-management-land-use- planning/certified-lups/carteret-county. The Plan replaces the Core Land Use Plan certified by the Coastal Resources Commission on July 24, 200$. 5. The Town Council adopted the Plan by resolution on July26, 2021, 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. CONCLUSIONS OF LAW 1. The Town of Atlantic's Plan has met the substantive requirements outlined within the Coastal Resource Commission's Land Use Planning Requirements effective February 1, 2016. 2. There are no conflicts evident in Town of Atlantic Beach's Plan with either S or Federal law, or the State's Coastal Management Program. 3. The elected body of The Town of Atlantic Beach made a final decision on contents of 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 Plan was submitted to the Division of Coastal Management without written objection or comment from the public. DECISION For the reasons stated herein, the Town of Atlantic Beach's request for certification of its Plan is GRANTED. This the )0 day of SOfEmA44 2021. 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 the Town of Atlantic Beach and the North Carolina Coastal Resources Commission by the means specified below: Mayor A.B. "Trace" Cooper, III Town of Atlantic Beach 125 West Fort Macon Rd. Atlantic Beach, NC 28512 Mr. David Walker, Town Manager Town of Atlantic Beach 125 West Fort Macon Rd. Atlantic Beach, NC 28512 Michelle Shreve Eimer, CZO Director of Planning and Development 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 and electronically: TCooperna,atlanticbeach-nc.com CERTIFIED MAIL RETURN RECEIPT REQUESTED and electronically: towmnanagernatlanticbeach-nc.com Electronically: planner2@atlatnicbeach-nc.com Electronically: Renee.Cahoong..ncdenr.gov Electronically: mlucassena ncdoiaov . Rachel Love-Adrick, District Planner Electronically: rachel.love-adrick a,ncdenr.gov Division of Coastal Management 400 Commerce Ave. Morehead City, NC 28557-3421 This is the _(2�H_ $ay of 021. (�_WQ�vL� Amanda Cannon, Administrative Assistant CA RTERET COUNTY NORTH CAROLINA AFFIDAVIT OF PUBLICATION Before the undersigned, a Notary Public of County and State of said publisher, duly commissioned, qualified and authorized by law to administer oaths, personally appeared Ramona McFerran who being first duly swom, deposes and says: that he (she) is Clerk (Owner, partner or other officer or employee authorized to make this affidavit) of The Carteret Publishing Co., Inc., engaged in the publication of a newspaper known as CARTERET COUNTY NEWS -TIMES, published, issued, and entered as second class mail in the Town of Morehead City, in said County and State; that he (she) is authorized to make this affidavit and sworn statement; that the notice or other legal ad- vertisement, a true copy of which is attached hereto, was published in CARTERET COUNTY NEWS -TIMES on the following dates; 6/23/21 and that the said newspaper in which such notice, paper, document, or legal advertisement was published was, at the time of each and every such publication, a newspaper meeting all of the requirements and qualifications of Section 1-597 of the General Statues of North Carolina and was a qualified newspaper within the meaning of Section 1-597 of the General Statues of North Carolina. This the 24th day of Signature of person making affidavit Sworn to and subscribed before me, this 24th day of ; June 2021.. My commission expire: TOWN COUNCIL NOTICE OF PUBLIC HEARING ATLANTIC BEACH CAIMA LAND USE PLAN 'f lice is hereby given that Yte Town of Atlantic Beach TdW Council will conduct a public hearing on Mon- qay, July 26, 2021 at 6:00 PM to review the Atlantic Srteeh Coastal Area Man- o pment Act (CAMA) Land Ilse Plan. The meeting will be held in the boardroom legated in Atlantic Station at 1010 W Fort Macon Road, Unit 17 and online via Zoom. All interested citizens are encouraged to attend. Following the pub- lic hearing, the Town Council will consider adop- tion of the Land Use Plan. Once adopted, the plan will be submitted to the Di- rector of the North Caroli- na Division of Coastal Management for certifica- trom Written objections, com- mkis, or statements of Support shall be submitted W-the Division of Coastal '49ft9ement's District PU"er, Rachel Love- Adrick, 400 Commerce 4Lvenue, Morehead City, NO 28557 no more than 381:Palendar days after lo- W adoption of the plan. Further information can be obtained by contacting the Pj,trict Planner at (252) 808&2808. - Copies of the Land Use Man are available for re- view by the public at www.atianticbeach- nc,,conUlup-update, at the Town of Atlantic Beach Town Hall, and outside the , Commissioners' Board- room at the Carteret Coun- ty courthouse during nor- mal office hours. The pub- '.; Is encouraged to review the Land Use Plan and to stand the public hearing. OoA additional information, .'#lease contact Planning 6ovotor Michelle Eimer at (2ft 726-4456 or plan- gW22atlanticbeach- ?teecm. Ju23 0 Resolution 21-07-02 RESOLUTION OF THE TOWN OF ATLANTIC BEACH TOWN COUNCIL ADOPTING THE ATLANTIC BEACH CAMA LAND USE PLAN WHEREAS, from 2019 through 2021, the Town of Atlantic Beach drafted a Coastal Area Management Act (LAMA) Land Use Plan with the assistance of its consultant, CodeWright Planners, and conducted a series of public workshops and meetings as part of a comprehensive public participation program; and WHEREAS, on July 1, 2021, the Planning Board unanimously recommended approval of the adoption of the draft Plan; and WHEREAS, the Town of Atlantic Beach conducted a duly advertised public hearing on the draft Plan at the Regular Meeting of the Town Council on July 26, 2021; and WHEREAS, at the Regular Meeting on July 26, 2021, the Atlantic Beach Town Council found the policies and Future Land Use Map in the draft Plan to be consistent with the Atlantic Beach desired vision for the future and unanimously approved to adopt the draft Plan; and WHEREAS, the adopted Plan will be submitted as required by state law to the District Planner for the Division of Coastal Management under the North Carolina Department of Environmental Quality and forwarded to the Executive Secretary; and WHEREAS, a review of the adopted Plan by the Coastal Resources Cpmmission will be scheduled; and the CRC will then decide on certification of the locally adopted Plan; WHEREAS, a certified copy of the Atlantic Beach CAMA Land Use Plan will be forwarded to the Office for Coastal Management for federal approval. NOW, THEREFORE, 13E IT RESOLVED THAT the Town Council of the Town of Atlantic Beach, North Carolina has adopted the draft Plan; and ` BE IT FURTHER RESOLVED that the Town Manager of the Town of Atlantic Beach is hereby authorized to submit the adopted Plan to the State for certification as described above. Approved this 26`h day of July, 2021. ATTEST: F Kat ' a Tyer Town Clerk