DCM CO consis. DareBuxton. 2of2_091421

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
MEMORANDUM
NORTH CAROLINA
Environmental Quality
TO: Heather Coats, Beach & Inlet Management Project Coordinator
Division of Coastal Management
FROM: Charlan Owen , ICP, NE District Planner
Division of Coa tal Management
SUBJECT: Major Permit Request by Dare County for beach nourishment of 2.94 miles of
oceanfront beach and nearshore with material obtained by dredging from a borrow
site located in the Atlantic Ocean, associated berm and dune construction, and
installation of sand fencing and vegetative plantings along the dune; from the
Canadian Hole/Haulover access site in the Cape Hatteras National Seashore to
the northernmost parking area off Old Lighthouse Road in the unincorporated
village of Buxton, in Dare County.
DATE: September 14, 2021
Consistency Determination: The request is consistent with/not in conflict with the Dare
County 2009 Land Use Plan certified by the CRC on February
24, 2011.
Overview: The project areas consist of 2.94 miles of oceanfront shoreline extending from the
Canadian Hole/Haulover access site in the Cape Hatteras National Seashore to just north of the
northernmost parking area off Old Lighthouse Road in the unincorporated village of Buxton, and;
a 200 acre site in the Atlantic Ocean located 2 to 3 miles from the shoreline.
Developed residential lots, beach access points, commercial lots, and over 2 miles of NC 12
roadway are located along the oceanfront shoreline project area. Erosion rates in this area range
from 4 to 10 feet per year. Floodzones along the oceanfront shoreline are VE (11) and VE (10).
A State CAMA/Dredge and Fill Permit (No. 136-156) was issued for beach nourishment in this
area in 2015 (SAW 2015-01612 and associated DWR Project #15-1087). Nourishment was
completed in 2018. Dune construction was not included in the permit. The associated borrow
site was a 300 acre area located in the Atlantic Ocean roughly 2 miles off the island.
Beach nourishment of 2.94 miles of oceanfront beach and nearshore with material obtained by
dredging from the borrow site in the Atlantic Ocean, associated berm and dune construction and
installation of sand fencing and vegetative plantings along the dune are proposed. Beach access
points will be used to bring land based equipment from public roads to the beach. A hopper
D ��� North Carolina Department of Environmental Quality I Division of Coastal Management
Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909
NORTH CAFOLI*vi ��
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North Carolina Department of Environmental Quality
Division of Coastal Management
MEMORANDUM
Page 2 of 7
dredge and/or cutter dredge will be used to collect sand from the borrow site. The borrow site is
not the one used in the original permit. Dredging is estimated to take approximately 3 months. A
year round construction window is proposed. The dune will be installed along 3,500 linear feet
of shoreline in Buxton.
Potential impacts to sea turtles, marine mammals, fish, and benthic organisms were recognized
in the original permit. There are no historic properties or properties eligible for inclusion in the
National Register within the proposed placement area. No known cultural resources are believed
to exist in the proposed borrow area.
The Atlantic Ocean is designated as "Coastal Waters" with a water quality classification of SB
(Primary Recreational, aquatic life propagation and survival, fishing and wildlife) and is open to
shellfish harvesting.
Anticipated impacts resulting from this project are expected to include: the dredging of up to 200
acres of Public Trust Area/Estuarine Waters Area of Environmental Concern (AEC) and the filling
of approximately 105 acres of Public Trust Area/Estuarine Waters AEC and approximately 37
acres of High Ground within the Ocean Hazard AEC.
Basis for Determination:
The oceanfront shoreline project area is located along areas designated primarily as
"Conservation", on the Dare County Land Classification Map, with some "Transition Corridor", and
"Community Residential". As indicated on Page 217, the "Conservation" designation also applies
to all CAMA Areas of Environmental Concern (AECs).
As indicated on Page 217, the purpose of the Conservation classification is to provide for the
effective long-term management and protection of significant, limited, or irreplaceable areas.
Management is needed due to the natural, recreation, scenic or natural productive value of such
lands. When authorized, development is limited to residential and traditional accessory uses
permitted in the CAMA AECs. Authorized development should include provisions and conditions
that minimize impacts to any natural, cultural, historic and scenic values of the areas authorized
for development.
As indicated on Page 207 for the "Transitional Corridor" designation, "(t)he purpose of the
transition corridor category is to provide for more intensive development on lands that are suitable
and will be provided with the necessary infrastructure and services to support urban -style
development." For Buxton, this includes lands that have commercial or industrial zoning. Future
development activities are expected to focus on providing services to residents and visitors.
As indicated on Page 214, "Community Residential" is used to identify areas predominantly
developed with low density residential dwellings. This classification seeks to prevent land
disturbing activities that alter or destroy natural vegetation, topography or drainage patterns. In
Buxton, these areas are a mixture of single family homes and mobile homes.
North Carolina Department of Environmental Quality I Division of Coastal Management
Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909
NORTH CRROLINH i
nmrhwt of 252,264.3901

North Carolina Department of Environmental Quality
Division of Coastal Management
MEMORANDUM
Page 3 of 7
A glossary of terms used in the policy statements is provided on Page 139. These include:
Advocate: to promote or encourage
Encourage: to favor or foster (also see support)
Recognize: to show awareness of an issue or condition
Shall: mandatory, not optional; a more formal term for "will"
Should: preferred or recommended but not mandatory in all cases
Support: to foster; may imply financial support
The following LUP policies may be applicable to this request.
Public Access:
Policy PA#1, Page 142.
"Dare County supports the preservation and protection of the public's right to
access and use of the public trust areas and waters."
Policy PA#3, Page 142.
"Dare County supports North Carolina's shoreline access policies and grant
programs and recognizes the importance of shoreline access to our local
residents and our tourist economy. Thus, the County will continue to seek
opportunities to expand access, including opportunities for the disabled and
to secure funding for beach nourishment in order to maintain wide sandy
beaches."
Policy PA#4, Page 143.
"The County recognizes the importance of four-wheel drive vehicles and
pedestrian access to the beaches of Dare County that are under the
management authority of the federal government.... In addition, impacts on
Dare County's local economy are important elements that should be a factor
in any decision -making process of the National Park Service..."
Policy PA#5, Page 143.
"Plans for the ... long-term protection of NC 12 on Hatteras Island shall
address the need to provide vehicular and pedestrian access for local
residents and visitors to all areas of Pea Island and Hatteras Island currently
(2008) open to the public. Plans to restrict or limit current levels of access
shall be reviewed on a case by case basis with support or opposition offered
depending on the proposal and its potential negative impacts on local
residents and our tourist economy."
North Carolina Department of Environmental Quality I Division of Coastal Management
Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909
NORTH CRROLINH i
BMrhWt of 252,264.3901

North Carolina Department of Environmental Quality
Division of Coastal Management
MEMORANDUM
Page 4 of 7
Policy PA#7, Page 145.
"Beach nourishment is the preferred shoreline management alternative along
the ocean beaches of Dare County. Access points to beaches identified for
nourishment activities shall be provided according to federal standards (every
'/2 mile) to allow convenient access to all persons. In addition to beach
nourishment, the use of terminal groins, offshore reefs, and other similar
techniques are compatible with the shoreline management goals of Dare
County."
Policy PA#8, Page 146.
"Dare County supports the maintenance of wildlife preservation areas and
refuges. Access by the public, including vehicular access to beaches, for
wildlife harvesting and observation should not be prohibited.
Land Use Compatibility:
Policy LUC#14, Page 159.
"...The use of fill material on private property, although not currently regulated
by the Dare County Zoning Ordinance, should be accomplished in a
responsible manner."
Archaeological/Historic Resources
Policy LUC#15, Page 159.
"The Dare County Board of Commissioners supports the protection of
structures, lands, and artifacts that have been identified by the NC
Department of Cultural Resources, Division of Archives and History, as
archaeologically or historically significant. On a case -by -case basis
individual protection/management strategies should be implemented to
ensure archaeological and/or historical resources are not destroyed."
North Carolina Department of Environmental Quality I Division of Coastal Management
Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909
NORTH CRROLINH i
nmrhwt of 252,264.3901

North Carolina Department of Environmental Quality
Division of Coastal Management
MEMORANDUM
Page 5 of 7
Infrastructure Carrying Capacity:
Policy ICC#6, Page 171.
"The Bonner Bridge and NC 12 on Hatteras Island are vital to Dare County...."
Implementation Strategy:
1. Continue to lobby State and Federal agencies for replacement of
Bonner Bridge and the long-term protection of NC 12. (2010-2015)
Natural Hazards:
Ocean shoreline
Policy NH#1, Page 179.
"Oceanfront shoreline development should continue to be managed to
protect and preserve the natural and recreational resources along the
oceanfront. The appropriate tools for this are the existing CAMA permit
program and the Areas of Environmental Concerns (AECs) designated
under the CAMA program..."
Implementation Strategy, Page 179.
1. Rely on existing CAMA AEC regulations to address
development activities along the ocean beaches, estuarine
shoreline, and other public trust areas in unincorporated Dare
County..."
Flood Hazards
Policy NH#5, Page 181.
"Dare County supports, as minimum standards, the administration and
enforcement of all applicable floodplain management regulations and the
National Flood Insurance Program..."
Water Quality:
Policy WQ#2, Page 188.
"Development projects shall be designed and constructed to minimize
detrimental impacts on surface water quality, groundwater quality, and air
quality...."
North Carolina Department of Environmental Quality I Division of Coastal Management
Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909
NORTH CRROLINH i
nmrhwt of 252,264.3901

North Carolina Department of Environmental Quality
Division of Coastal Management
MEMORANDUM
Page 6 of 7
Fisheries Resources
Policy WQ#11, Page 193.
"Dare County recognizes the importance of our surrounding waters that
serve as habitats for the area's abundant fisheries resources. The continued
productivity of Dare County's fisheries shall be fostered through restoration
and protection of the unique ecosystems upon which they depend. Dare
County supports measures to protect and preserve designated primary
nursery areas by the Division of Marine Fisheries..."
Policy WQ#14, Page 193.
"Dare County recognizes the traditional practices of commercial fishing in
Dare County and supports the use of traditional shellfish and fish harvesting
methods including trawling and beach haul netting. Vehicular access to
Dare County beaches by commercial fishermen is essential to their
continued livelihood."
Local Areas of Concern:
Federal/State Support
Policy LAC#1, Page 199.
"The County recognizes the importance of four-wheel drive vehicles and
pedestrian access to the beaches of Hatteras Island that are under the
management authority of the federal government... In addition, impacts on
Dare County's local economy are important elements that should be a factor
in any decision -making process of the National Park Service..."
Policy LAC #4, Page 200.
"Dare County encourages federal and state regulatory agencies to consider
fast -tracking of public -purposes projects. Where State grant funds have
been secured, consideration of an assumed or accelerated permit process is
advocated."
North Carolina Department of Environmental Quality I Division of Coastal Management
Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909
NORTH CRROLINH i
omrbwt of 252,264.3901

North Carolina Department of Environmental Quality
Division of Coastal Management
MEMORANDUM
Page 7 of 7
Policy LAC#6, Page 201.
"Dare County supports the concept of combining natural resources and
tourism to promote the area's ecological values, known as "eco-tourism"."
Policy LAC#7, Page 201.
"The quality of life of Dare County residents should be carefully balanced with
the tourist -based economy of the Outer Banks. Maintaining a good quality of
life for our permanent population and ensuring a safe and enjoyable vacation
experience should be a goal of all local, state, and federal agencies
responsible for the promotion of tourism in Dare County and North Carolina."
Policy LAC#8, Page 201.
"Dare County recognizes the importance of tourism to our local economy and
supports efforts to maintain our status as a desirable place to live, visit, and
vacation. Tourist generated revenues should be used to offset the
infrastructure needs of our seasonal population and our year-round
population."
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North Carolina Department of Environmental Quality I Division of Coastal Management
Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909
NORTH C
0. rb_t m enwm.m..w 0 .ny 252,264.3901