December 30, 2005

Sea Grant of NC ~ Summer/Fall 2005

Sea Grant of NC ~ Summer/Fall 2005: "Rights of Oceanfront Property Owners in the 21st Century: Part II
By Joseph Kalo and Walter Clark

In the the first issue of Legal Tides, we discussed the concepts of littoral (oceanfront) ownership and littoral rights, and how the seaward boundary of oceanfront property changes as the location of the mean high tide line changes due to the natural processes of erosion, accretion and avulsion.i In this issue, we will examine the legal effect of artificial additions to the shoreline. These additions occur when the beach is expanded and the shoreline is altered as the result of beach nourishment projects or other activities involving the deposit of sand.

As a foundation for examining the effect of these types of additions to the shoreline, three points should be kept in mind:

• As a general matter, all submerged land seaward of the mean high tide line is owned by the state. These submerged lands are typically referred to as public trust lands or, on occasion, as 'sovereignty lands.'

• Without permission from the state, no one has the right to fill state-owned public trust lands. In fact, an unauthorized filling of these lands is considered a trespass, and the person responsible for the filling is liable.

• If someone, without state permission, fills public trust lands and raises the submerged land above the mean high tide line, the person acquires no right or tide to the land no matter how much time passes.ii The traditional doctrine of adverse possession is not applicable to claims involving public trust lands.

With these points in mind, we will examine the law of North Carolina in the 21st Century, as it relates to filling state-owned public trust lands for beach nourishment or other activities involving the deposit of sand."

Sea Grant Legal Tides

Sea Grant of NC ~ Summer/Fall 2005: "Rights of Oceanfront Property Owners in the 21st Century: Part II
By Joseph Kalo and Walter Clark

In the the first issue of Legal Tides, we discussed the concepts of littoral (oceanfront) ownership and littoral rights, and how the seaward boundary of oceanfront property changes as the location of the mean high tide line changes due to the natural processes of erosion, accretion and avulsion.i In this issue, we will examine the legal effect of artificial additions to the shoreline. These additions occur when the beach is expanded and the shoreline is altered as the result of beach nourishment projects or other activities involving the deposit of sand."

Nags Head Newsletter

Table of Contents

December 7, 2005 Board Meeting to Air Again on Government Access Channel

Christmas Tree Collection Schedule

Reminder – Holiday Schedule for Town Offices





December 7, 2005 Board Meeting to Air Again on Government Access Channel

The December 7, 2005 Nags Head Board of Commissioners meeting will air again on Channel 20 (the Government Access Channel) on Friday, December 30, 2005 at 12 p.m. and 7 p.m.





Christmas Tree Collection Schedule

Christmas trees will be collected January 6 through January 27, 2006. Please call Nags Head Public Works (252-441-1122) to schedule a pick up.



Once your pick up has been scheduled, please remove any decorations from the tree and place it in the right of way in front of your home.





Reminder – Holiday Schedule for Town Offices

Town offices will be closed Monday, January 2, 2006 for the New Year’s holiday.

There will be no garbage collection on Monday, January 2, 2006. Garbage will be collected throughout the Town on Tuesday, January 3, 2006.





Roberta Thuman

Administrative Assistant/

Public Information Officer

Town of Nags Head

252-441-5508

thuman@townofnagshead.net







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Surfers in Turmoil With the Loss of a Major Supplier - New York Times


Is this happening on the Outer Banks. Certainly we must be affected by this closure.

Surfers in Turmoil With the Loss of a Major Supplier - New York Times: "Surfers in Turmoil With the Loss of a Major Supplier"
SANTA CRUZ, Calif. - The thefts began shortly after the day surfers call Blank Monday, when the surfing community from San Diego to Santa Cruz and beyond felt caught in the undertow of what Grubby Clark had done.

With the closing of Clark Foam, surfboard shapers like Michel Junod are hoarding polyurethane blanks.

Mr. Clark, a reclusive surf industrialist whose given name is Gordon, is responsible for producing foam cores, or blanks, for most of the nation's surf boards.

On Dec. 5, Mr. Clark abruptly went out of business.

December 29, 2005

Town of Nags Head -- 2005 Land Use Plan Project Web Page

This is a great idea. It is a place for people to get involved in developing the plans for Nags Head's future. You can visit the click on this link to visit the group web pages

Town of Nags Head -- 2005 Land Use Plan Project Web Page: "2005 Land Use Plan Project Web Page
Friday, December 23, 2005 at 11:45 AM

The Town of Nags Head recently began the process to update one of its most important policy documents: the 2005 Land & Water Use Plan. Click here to go to the Project Web Page."

December 20, 2005

Currituck Chamber president steps down

Currituck Chamber president steps down: "Currituck Chamber president steps down

By BRENDA KLEMAN

Friday, December 16, 2005

GRANDY – The Currituck Chamber of Commerce's chief administrative officer is leaving to take a job as the spokeswoman for two home building and real estate groups in Dare County.

Willo Kelly, the Currituck Chamber's president since 1999, submitted her letter of resignation to the business group's board of directors Thursday. Her resignation takes effect Jan. 31.

Kelly said she's already accepted a job as governmental affairs representative for both the Outer Banks Homebuilders Association and the Outer Banks Association of Realtors. The two groups will jointly pay Kelly's salary.

The Chamber leader said her new job will pay more and won't require her to work as many hours as her current job."

December 15, 2005

They Won

Ann and Jim Poulas won the contest as the best decorated house in the country. Here on the Outer Banks in Kill Devil Hills. Who would have guessed. A great tradition and a great family. They derserved. it.

Lighting up the TV screen


KILL DEVIL HILLS — For 22 years, Jim Poulos has taken Christmas decorating to a dramatic level, with his house, his garage, his yard, even an archway over the unpaved road where he lives just outside Nags Head Woods glittering with thousands of Christmas lights.


The astonishing display that people drive from all over to see has made the big time: This morning, Poulos’ holiday handiwork is scheduled to be announced on NBC’s “Today” show as one of three finalists for the best-decorated house in the country.

Viewers will be able to vote online for their choice, according to “Today’s” Web site. The winner will get to host weatherman Al Roker during his broadcast Friday.

“To be honest with you, that’s not why I entered,” Poulos said. “I feel elated that at least I was chosen as one of the three.”

December 11, 2005

The not so "new" Nags Head

It's good to see Nags Head moving forward with the locally funded project. Glad that the new board is going to proceed with what they were elected to do.

Nags Head gets down to business


New mayor rolls up her sleeves
BY CHARLEY BUNYEA, SENTINEL STAFF

Nags Head moving forward with beach nourishment project

Recently elected Nags Head Mayor Renee Cahoon, after being sworn in Wednesday, recognized outgoing board members, Mayor Bob Muller and Commissioner Brant Murray for their service to the town and then jumped right into a full business agenda.

Also sworn in at the meeting were Commissioners Anna Sadler and Doug Remaley. Sadler held on to her seat in the last election, and Remaley bested incumbent Murray with just a couple of votes.

Beach nourishment was a prime topic for the new board.

Town Manager Seth Lawless presented information he obtained after attending conferences conducted by the NC Beach, Inlet and Waterway Association (BIWAY) and the Army Corps of Engineers Wilmington District Office.

According to Lawless, the conferences dealt directly with the Town's proposed beach nourishment project. At the BIWAY conference, Tom Campbell, with the firm Coastal Planning and Engineering, gave a presentation about communities that constructed local beach nourishment projects while waiting on appropriations from a federal project.

Bogue Banks in Carteret County, several communities on Fire Island in New York and most of Delaware beach towns all successfully completed local projects, said Lawless.

"This was extremely relevant to the Nags Head situation, given the Army Corps of Engineers hesitation to endorse the Town's efforts for a local project," said Lawless. "Each town listed had completed a local project without jeopardizing the status of planned federal projects."

The projects were stand-alone efforts without any joint participation from neighboring beaches. After completing the local projects, the nourished beach is then considered "infrastructure" and becomes available for reimbursement from FEMA if damaged in a storm or hurricane event.

Lawless also suggested that Nags Head further investigate Captiva Island, Anna Marie Island and Palm Beach County, all in Florida, and all of which were slated for future federal beach nourishment projects but constructed them on their own. Each town will be able to complete its project through reimbursement from the '206' program, a federal funding program in which communities are reimbursed for their contract by the government.

Commissioner Wayne Gray said that public involvement and support is a must. "We need to schedule public hearings giving the public an in depth education on what the town is doing with beach nourishment," said Gray.

The board unanimously agreed that the meetings should be scheduled in the first of the year and conducted in an informal matter.

"The meetings should be more of a workshop instead of a public hearing," said Commissioner Bob Oakes.

According to Lawless, the purpose of the Army Corps of Engineers Wilmington District meeting was to present details of the Nags Head project to the Corps in preparation for a briefing scheduled between the Corps and the federal Office of Management and Budget (OMB).

"I've come to learn that the Corps has serious concerns that the local project would put the Dare County project back into general reevaluation, a process that could cause an additional 24-month delay," said Lawless.

Discussion of a federal project is still in speculation and the Corps hopes to receive an endorsement from OMB by May of 2006, allowing for a budget request for construction funds in fiscal year 2008.

Oaks expressed his concern that doing nothing to the beach may end up to be just as costly as moving forward.

Gray also restated his previous concern that the referendum vote to decide the possible repeal of the 1-cent sales tax will be the determining factor in whether the public will accept beach nourishment.

In response, Sadler said, "When I moved here in 1968, and through the years that followed, I found that there wasn't really anyone who had a problem with beach nourishment, but when all of a sudden the issue their pockets there is an outcry."

"I think the board is all in agreement on a locally-funded beach nourishment project here, but we have to come up with a plan for what to do if the referendum falls through," said Gray.

"Here we are, making all these plans for a local project when we don't even know if the public is going to be for it," he added

But Cahoon expressed more confidence of public support. "I think the community desires to protect their economy which is our beach."

Next step in the process is a meeting that outgoing mayor Bob Muller organized that is slated for Dec. 14. Corps staff, Howard Marlow of Marlow & Associates, and Dare County, Nags Head and Kitty Hawk representatives will be in attendance.">The Outer Banks Sentinel: "Top Stories
New mayor rolls up her sleeves
BY CHARLEY BUNYEA, SENTINEL STAFF

Nags Head moving forward with beach nourishment project

Recently elected Nags Head Mayor Renee Cahoon, after being sworn in Wednesday, recognized outgoing board members, Mayor Bob Muller and Commissioner Brant Murray for their service to the town and then jumped right into a full business agenda.

Also sworn in at the meeting were Commissioners Anna Sadler and Doug Remaley. Sadler held on to her seat in the last election, and Remaley bested incumbent Murray with just a couple of votes.

Beach nourishment was a prime topic for the new board.

Town Manager Seth Lawless presented information he obtained after attending conferences conducted by the NC Beach, Inlet and Waterway Association (BIWAY) and the Army Corps of Engineers Wilmington District Office.

According to Lawless, the conferences dealt directly with the Town's proposed beach nourishment project. At the BIWAY conference, Tom Campbell, with the firm Coastal Planning and Engineering, gave a presentation about communities that constructed local beach nourishment projects while waiting on appropriations from a federal project.

Bogue Banks in Carteret County, several communities on Fire Island in New York and most of Delaware beach towns all successfully completed local projects, said Lawless.

'This was extremely relevant to the Nags Head situation, given the Army Corps of Engineers hesitation to endorse the Town's efforts for a local project,' said Lawless. 'Each town listed had completed a local project without jeopardizing the status of planned federal projects.'

The projects were stand-alone efforts without any joint participation from neighboring beaches. After completing the local projects, the nourished beach is then considered 'infrastructure' and becomes available for reimbursement from FEMA if damaged in a storm or hurricane event.

Lawless also suggested that Nags Head further investigate Captiva Island, Anna Marie Island and Palm Beach County, all in Florida, and all of which were slated for future federal beach nourishment projects but constructed them on their own. Each town will be able to complete its project through reimbursement from the '206' program, a federal funding program in which communities are reimbursed for their contract by the government.

Commissioner Wayne Gray said that public involvement and support is a must. 'We need to schedule public hearings giving the public an in depth education on what the town is doing with beach nourishment,' said Gray.

The board unanimously agreed that the meetings should be scheduled in the first of the year and conducted in an informal matter.

'The meetings should be more of a workshop instead of a public hearing,' said Commissioner Bob Oakes.

According to Lawless, the purpose of the Army Corps of Engineers Wilmington District meeting was to present details of the Nags Head project to the Corps in preparation for a briefing scheduled between the Corps and the federal Office of Management and Budget (OMB).

'I've come to learn that the Corps has serious concerns that the local project would put the Dare County project back into general reevaluation, a process that could cause an additional 24-month delay,' said Lawless.

Discussion of a federal project is still in speculation and the Corps hopes to receive an endorsement from OMB by May of 2006, allowing for a budget request for construction funds in fiscal year 2008.

Oaks expressed his concern that doing nothing to the beach may end up to be just as costly as moving forward.

Gray also restated his previous concern that the referendum vote to decide the possible repeal of the 1-cent sales tax will be the determining factor in whether the public will accept beach nourishment.

In response, Sadler said, 'When I moved here in 1968, and through the years that followed, I found that there wasn't really anyone who had a problem with beach nourishment, but when all of a sudden the issue their pockets there is an outcry.'

'I think the board is all in agreement on a locally-funded beach nourishment project here, but we have to come up with a plan for what to do if the referendum falls through,' said Gray.

'Here we are, making all these plans for a local project when we don't even know if the public is going to be for it,' he added

But Cahoon expressed more confidence of public support. 'I think the community desires to protect their economy which is our beach.'

Next step in the process is a meeting that outgoing mayor Bob Muller organized that is slated for Dec. 14. Corps staff, Howard Marlow of Marlow & Associates, and Dare County, Nags Head and Kitty Hawk representatives will be in attendance."

December 8, 2005

Trucks clean up after Isabel

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December 7, 2005

The Sentinel - A newspaper serving the Outer Banks of North Carolina

The Sentinel - A newspaper serving the Outer Banks of North Carolina: "Representatives from N.C. Sen. Marc Basnight's office were present at the Dare County Board of Commissioners' meeting on Monday to provide an update on the replacement of the Herbert C. Bonner Bridge which spans Oregon Inlet."