North Carolina Coastal Federation Citizens Working Together for a Healthy Coastal Environment Ted Wilgis – Cape Fear Coastkeeper

Education Students and Teachers Field trips, Field trips, Classroom curriculum, Classroom curriculum, Teacher training, Teacher training, Wetland nursery program Wetland nursery program Oyster restoration activities Oyster restoration activitiesPublic Workshops Workshops Publications Publications Stewardship activities Stewardship activities

Restoration & Preservation

North River Farm - Wetland Restoration

Advocacy & Enforcement: Coastkeeper Program Cape Fear, Cape Lookout and Cape Hatteras Coastkeepers Work w/ other NC Keepers Cape Fear River, New River, Neuse Advocacy – environmental enforcement and compliance Education and empowerment MonitoringRestoration

Miles of ocean beaches: 320 Miles of ocean beaches: 320 Miles of estuarine shoreline: over 4,000 Miles of estuarine shoreline: over 4,000 Acres of sounds, creeks and marshes: 2 million-plus Acres of sounds, creeks and marshes: 2 million-plus # of river basins draining to the coast: 8 # of river basins draining to the coast: 8 # of NC counties & sq. miles that drain to the coast: 70 & 32,311 sq. miles # of NC counties & sq. miles that drain to the coast: 70 & 32,311 sq. miles % of East Coast commercial fishery species that depend on NC ’ s estuaries: 50-70% % of East Coast commercial fishery species that depend on NC ’ s estuaries: 50-70% North Carolina’s Coast

What Is CAMA? The Coastal Area Management Act, or CAMA, is the state law that balances development with environmental protection along North Carolina’s coast. The Coastal Area Management Act, or CAMA, is the state law that balances development with environmental protection along North Carolina’s coast. CAMA established Areas of Environmental Concern, areas that are subject to natural hazards or have environmental, social, economic or aesthetic significance. CAMA established Areas of Environmental Concern, areas that are subject to natural hazards or have environmental, social, economic or aesthetic significance.

CAMA Timeline 1972: Federal Coastal Zone Management Act 1974 – State Coastal Area Management Act (CAMA) 1978 – Feds approve state program

CAMA Workings Affects 20 coastal counties Affects 20 coastal counties Rules developed by Coastal Resources Commission (CRC) Rules developed by Coastal Resources Commission (CRC) Administered by Division of Coastal Management (DCM) Administered by Division of Coastal Management (DCM)

Coastal Resources Commission The 15-member CRC, appointed by the Governor, establishes policies for the N.C. Coastal Management Program and adopts implementing rules for both CAMA and the N.C. Dredge and Fill Act. The commission designates areas of environmental concern (AECs), sets policies and adopts rules for coastal development within AECs, certifies local land- use plans, and hears permit variance requests and appeals.

NC Division of Coastal Management action items: Permitting and Enforcement Permitting and Enforcement Federal Consistency Federal Consistency Land Use Planning Land Use Planning North Carolina Coastal Reserve North Carolina Coastal Reserve Waterfront Access Sites Waterfront Access Sites

“Development” “Any activity ….. involving, requiring or consisting of construction or enlargement of a structure; excavation; dredging; filling; dumping; mining; bulk heading; driving pilings; clearing or alteration of land as an adjunct of construction; alteration or removal of sand dunes; alteration of the shore, bank or bottom of the Atlantic Ocean or any sound, by, river, creek, stream, lake or canal.”

Areas of Environmental Concern (AEC) Estuarine waters and public trust areas Estuarine waters and public trust areas Estuarine shoreline: 30 ft. or 75 ft. from mean high water, 575 ft. from ORW Estuarine shoreline: 30 ft. or 75 ft. from mean high water, 575 ft. from ORW Coastal wetlands Coastal wetlands Ocean hazard areas: ocean beaches, areas near inlets, behind the dunes Ocean hazard areas: ocean beaches, areas near inlets, behind the dunes Public water supplies Public water supplies Natural and cultural resource areas Natural and cultural resource areas

Coastal Shoreline Rules Basic Standards Less than 30% impervious coverage along Coastal Shoreline AECs, innovative stormwater systems acceptable (75’ AEC) Less than 30% impervious coverage along Coastal Shoreline AECs, innovative stormwater systems acceptable (75’ AEC) Less than 25% impervious coverage along ORW coastal shoreline AECs, stormwater systems not allowed (575’ AEC) Less than 25% impervious coverage along ORW coastal shoreline AECs, stormwater systems not allowed (575’ AEC)

Permit Types Major Permits: 10 state and four federal agencies must review Major Permits: 10 state and four federal agencies must review General Permits: Projects that usually pose little or no threat to the environment General Permits: Projects that usually pose little or no threat to the environment Minor Permits: Projects that don't require major permits or general permits Minor Permits: Projects that don't require major permits or general permits

Major Permits Another state or federal permit, license or authorization Another state or federal permit, license or authorization Excavation or drilling of natural resources Excavation or drilling of natural resources Construction of one or more buildings that cover more than 60,000 sq. ft. on a single parcel Construction of one or more buildings that cover more than 60,000 sq. ft. on a single parcel Alteration of more than 20 acres of land or water Alteration of more than 20 acres of land or water

Beach Fill – Nourishment & Inlet Alteration

“Piecemealing” Breaking major projects in smaller pieces to avoid major CAMA review Cumulative environmental effects of a projects are minimized Example The Peninsula of Surf City

Reviewing Permits Public process, public documents Public process, public documents Required notice in local newspaper Required notice in local newspaper 30-day comment period 30-day comment period Getting there before the ‘dozers Getting there before the ‘dozers

Buffers CRC passed rule in feet from normal high water Affects only new construction Only “water-dependent structures” – docks, boat ramps Vegetation can be trimmed, cut

Utilize and protect natural vegetative buffers – The Good

… the Bad and the Ugly

Marinas Can alter shoreline, pollute water Must accommodate at least 10 boats Rules encourage upland sites Open water sites should avoid dredging and can’t close shellfish waters Example: McGinnis Point

Marina Development New marinas located within public trust waters will require initial review through the NC State Environmental Policy Act (SEPA) process. The outcomes of the Environmental Assessment would be either a Finding of No Significant Impact (FONSI) or an Environmental Impact Statement (EIS).

Land-Use Plans One of CAMA main requirements One of CAMA main requirements Collection of policies that serve as a community’s blueprint for growth Collection of policies that serve as a community’s blueprint for growth Updated every 5 years Updated every 5 years Public participation required, critical Public participation required, critical No CAMA permits if inconsistent with plan No CAMA permits if inconsistent with plan Can be useful enforcement tool: Cape Lookout Marina, Gallants Channel bridge Can be useful enforcement tool: Cape Lookout Marina, Gallants Channel bridge

Coastal Wetlands Any project involving land disturbance or construction adjacent to or within any type of wetlands should be reviewed by a DCM or USACOE representative. Any project involving land disturbance or construction adjacent to or within any type of wetlands should be reviewed by a DCM or USACOE representative. Remember that the EMC’s 50 ft. buffer in the Neuse and Tar-Pamlico River Basins is measured from the landward edge of coastal marsh. Remember that the EMC’s 50 ft. buffer in the Neuse and Tar-Pamlico River Basins is measured from the landward edge of coastal marsh.

Typical Problems

Routine aerial surveillance flight revealed spoil behind the house in what appears to be coastal wetlands.

Division of Coastal Management Website

 Explosive Population Growth  Development & Infrastructure Pressures  Loss of Coastal Habitats and their Buffering Capacities  Stormwater Control and Run-off Issues Facing NC’s Coast

Loss of Coastal Habitats Over 50% of coastal plain wetlands in NC have been lost Over 50% of coastal plain wetlands in NC have been lost 12,000 acres of wetlands ditched & drained under the Tulloch exemption in ,000 acres of wetlands ditched & drained under the Tulloch exemption in 1998 Approximately 30 miles of estuarine shoreline habitat is lost each year due to hardening (bulkheads, rip-rap) Approximately 30 miles of estuarine shoreline habitat is lost each year due to hardening (bulkheads, rip-rap)

Amount of Pavement = Health of Receiving Waters From UNCW – Mallin et al

Effects from Stormwater Runoff Closed shellfishing areas Closed shellfishing areas Swimming advisories Swimming advisories Algal blooms Algal blooms Fish kills Fish kills Flooding & property damage Flooding & property damage

One local story - Howe Creek

Opportunity Lost ? South Brunswick Water & Sewer Authority

Point Source Pollution - NPDES Chronic Violators Aging Infrastructure

Beach Nourishment and Inlet Manipulation