North Carolina Coastal Resources Commission

RESOLUTION NO. 06-10-XXX

BOC MEETING October 4, 2006

RESOLUTION TO THE

NORTH CAROLINA COASTAL RESOURCES COMMISSION

TO AMEND THE TOWN OF NAGS HEAD 2000 LAND AND WATER USE PLAN

TO ALLOW FILLING OF TIDAL ADJACENT WETLANDS

WHEREAS, the Town of Nags Head desires to amend the Town’s 2000 Land and Water Use Plan; AND

WHEREAS, a policy in the Town of Nags Head’s 2000 Land and Water Use Plan prohibits the filling of Corps of Engineers “404” adjacent estuarine wetlands; AND

WHEREAS, the Town of Nags Head finds that the placement of protective rock revetments along highway US 64/264 has accelerated estuarine shoreline erosion on properties along a narrow section of properties on the north side of highway US 64/264; AND

WHEREAS, the replacement of the Melvin Daniels Bridge and the Washington Baum Bridge have altered and increased the flow of flood waters and wind driven currents on properties adjacent to the north side of highway US 64/264 in Nags Head; AND

WHEREAS, the increased erosion as a result of altered water currents has undermined at least one residential house on the north side of highway US 64/264; AND

WHEREAS, in accordance with 15A NCAC 07B .0901 (a) (5), the Town has evaluated the proposed policy statement for consistency with other existing policies and finds that the proposed amendment is consistent with and not in conflict with other existing policies; AND

WHEREAS, without the requested policy amendment, the structure will be seriously undermined.

NOW, THEREFORE BE IT RESOLVED that the Board of Commissioners of the Town of Nags Head finds:

1)  That the existing policy prohibiting the filling of adjacent wetlands is overly restrictive along this narrow section of highway US 64/264 and should be amended to allow the filling of adjacent wetlands on properties on the north side of highway US 64/264, AND

2)  That the Town respectfully requests the North Carolina Coastal Resources Commission to act favorably upon this request to amend page 97 of the Town of Nags Head 2000 Land and Water Use Plan to read as follows:

a.  Adjacent wetlands. (Once referred to as contiguous wetlands)

i.  Policy: Tidal Adjacent wetlands. Tidal adjacent wetlands cannot be filled except on lands abutting the north side of highway US 64/264 in the area west of the Melvin Daniels Bridge to the Washington Baum Bridge for which a CAMA/Dredge and fill permit and a US Army Corps of Engineers permit (if required) has been issued. This exception is the result of increased shoreline erosion resulting from increased water flows caused in part by the build-up of riprap protecting highway US 64/264 and increased elevation of the new Melvin Daniels Bridge.

This is the 4th day of October 2006. ______
M. Renée Cahoon, Mayor

Town of Nags Head

ATTEST:

______

Carolyn F. Morris, Town Clerk