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HomeMy WebLinkAboutFinal Agency Decision Town of Nags Head CAMA Land Use PlanROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director Mayor Ben Cahoon Town of Nags Head 2616 S. Compass Lane Nags Head, NC 27959 NORTH CAROLINA Environmental Quality March 16, 2022 CERTIFIED MAIL RETURN RECEIPT REQUESTED Andy Garman, Town Manager CERTIFIED MAIL RETURN RECEIPT Town of Nags Head REQUESTED and electronically: P. O. Box 99 andy.garman@nagsheadnc.00v 5401 S. Croatan Highway Nags Head, NC 27959 Re: Certification of Town of Nags Head Comprehensive and CAMA Land Use Plan Dear Mayor Cahoon and Mr. Garman: Please find enclosed the written Final Agency Decision granting the Town of Nags Head's request for certification of its 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 Charlan Owens, AICP, Elizabeth City District Planner ZNorth Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909 NORTH CAROLINA _� Department of Environmental Quality 252.264.3901 6t STATE OF NORTH CAROLINA COASTAL RESOURCES COMMISSION COUNTY OF DARE DIVISION OF COASTAL MANAGEMENT IN THE MATTER OF THE REQUEST FOR CERTIFICATION OF THE TOWN OF NAGS HEAD COMPREHENSIVE FINAL AGENCY DECISION AND CAMA LAND USE PLAN FACTS l . This is the Town of Nags Head Comprehensive and CAMA Land Use Plan adopted October 6, 2021 by the Town .of Nags Head ("Land Use Plan Update"). 2. The Town of Nags Head is located in Dare County and is bounded by the Town of Kill Devil Hills to the north, the Atlantic Ocean to the east, the Cape Hatteras National Seashore and Roanoke Sound to the south, and. the Albemarle and Roanoke sounds to the west. 3. As of 2020, the permanent population of Nags Head was 3,168 persons and the estimated peak population was 45,015 persons. 4. : The Town of Nags Head is requesting certification of the Land Use Plan Update that replaces the Town of Nags Head 2010 Land Use ' Plan certified by the Coastal Resources Commission .on February 24, 2011, as amended through December 12, 2013. 5. The Land Use Plan Update supports- the Town's vision to preserve and protect its p character, environment, tourism -based economy and sense of place to ensure a high quality of life for residents and a memorable family vacation experience for present and future generations, 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 1 2021. No comments .were received at the public hearing. 7. The Town of Nags Head adopted the Land Use Plan Update by resolution on October 6, 2021. 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 receive CONCLUSIONS OF LAW 1. The Town of Nags Head Comprehensive and CAMA Land Use Plan ("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 Nags Head 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. DECISION For the reasons stated herein, the Town -of Nags Head's request for certification of the Town of Nags Head Comprehensive and CAMA Land Use Plan (Update) is GRANTED. This the i(o th day of MACCR 2022. 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 to the Town of Nags Head and the North Carolina Coastal Resources Commission by the means specified below: Mayor Ben Cahoon Town of Nags Head 2616 S. Compass Lane Nags Head, NC 27959 Andy Garman, Town Manager Town of Nags Head P. O. Box 99 5401 S. Croatan Highway Nags Head, NC 27959 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 CERTIFIED MAIL RETURN RECEIPT REQUESTED Electronically: Renee. CahoonAncdenr.gov Electronically: mlucassekncdoj.gov This is the �th day ofM 2022. Angela W lis Assistant to the Director 3