Emerald Isle commissioners are expected to consider at their meeting later this month raising tenfold the town-imposed penalty for violations involving damage to primary dunes.

The proposal, one that would increase the fine from $1,000 to $10,000, was unanimously approved last Tuesday by the town’s planning board and comes on the heels of Emerald Isle’s issuance of a cease-and-desist order for construction on an oceanfront lot.

Remarque Home Builders LLC was slapped with a notice of violation and ordered to stop working at 3405 Ocean Drive until the dune destroyed at the property, as well as a designated natural area on the lot, have been fully restored.

“I’ve been working as a beach town manager for most of my career, nearly three decades, and this is the most egregious violation I have ever seen,” Emerald Isle Town Manager Frank Rush said by telephone late Wednesday.

Carving more than 5,600 square feet of primary dune that buffered the lot from the oceanfront beach is a violation of the Coastal Area Management Act, or CAMA, minor permit the builder’s obtained May 1, 2024.

The developer also violated a town ordinance that requires 35% of a lot remain as undisturbed natural area.

The owners of the Cedar Point-based limited liability company did not respond to Coastal Review’s request for comment in time for publication, but in a statement to WCTI-TV, the owners said they were “cooperating fully” with the state and the town.

“We are working cooperatively with the regulators to finalize a remediation plan, to restore the dune in accordance with their directives, and to satisfy any lawful fines or penalties that may be assessed. We will continue to do what the Town and CAMA ask for us until this matter is fully resolved. Dune stewardship along the coast is a shared responsibility.”

It is unclear why the dune was leveled.

“The questions being examined at our property, such as how construction, landscaping and dune work interact with CAMA requirements, are not unique to 3405 Ocean Drive,” Remarque Home Builders said in the email. “We understand that similar work has been undertaken by other owners on Ocean Drive without triggering comparable regulatory action.”

“We raise this not to deflect responsibility, but to underscore that these are questions faced by many property owners along the coast, and by the regulators charged with applying the same standards to each of them,” the statement continues. “We welcome a regulatory process that produces clear, consistent guidance and even-handed enforcement across all similarly situated properties, and we are committed to helping that process succeed here.”

Rush said that sand from the dune was redistributed on the 0.43-acre lot and, in some cases, pushed onto adjacent properties.

“Essentially they have to put it back the way it was,” he said.

That entails restoring the dune to its original height of around 25 to 26 feet and planting it with vegetation commonly used for dune stabilization.

Under the terms of the notice of violation, the developer will also have to resubmit a new, separate pool permit so town staff “can judge that application on its own merits after this violation is completely resolved.”

The town’s notice of violation issued April 22 came with a $1,000 fine. The developer also faces an estimated $1,000 state-imposed fine, according to the town. If the limited liability company does not come into compliance within 60 days, the developer will be fined $1,000 a day until work is complete.

“They’ve indicated they intend to rectify it much sooner than that,” Rush said.

The town will not issue a certificate of occupancy for the 7,300-square-foot, 12-bedroom, 13 ½-bath house listed for $6 million until the repairs and restoration have been completed, he said.

Remarque, in its statement, reiterated that the property is privately owned and asked the media and public to stay off the lot where the conspicuously missing dune has drawn the ire of area residents and property owners who’ve taken to social media to express their outrage.

“If this is not escalated appropriately, it opens the door for others to push limits, take shortcuts, and deal with the consequences later. That is not a precedent we can afford to set in Emerald Isle,” Jamie Vogel, a former town commissioner, wrote in a social media post last month.

“The oceanfront dunes provide critical storm protection, aesthetic, and ecological value for Emerald Isle and the Town places the highest priority on a healthy beach strand and dune field,” Rush wrote in the May edition of the town’s newsletter Emerald Tidings. “Collectively, the community has invested tens of millions of dollars in beneficial beach nourishment projects over the past 23 years, and these sane placement efforts have resulted in the significant augmentation of existing dunes and the construction of new dunes to advance the Town’s goals. The Town’s existing dune protection regulation and State CAMA regulations are carefully crafted to balance dune protection, private property rights, and overall storm protection for the entire community and the violations at 3405 Ocean Drive were clear and obvious.”

The Emerald Isle Board of Commissioners will hold a public hearing during its May 12 meeting at 7500 Emerald Drive before considering amending an ordinance to increase the penalty for violations that involve primary dunes. That meeting will begin at 6 p.m.

EMERALD ISLE – A state highway contractor is to begin Sunday instituting daytime lane closures on weekdays on the two-lane Emerald Isle bridge on N.C. 58 for the ongoing bridge preservation project.

The North Carolina Department of Transportation announced Tuesday that the contractor is to follow the following schedule for lane closures on the B. Cameron Langston Bridge until March 31, when the project is scheduled to be completed:

• Monday through Friday, 9 a.m. to 3 p.m. and 6 p.m. to 6 a.m.
• Saturday and Sunday, potentially all day and night.

The contractor may elect to work either Saturday or Sunday, or both days, on the weekends, officials said. The contractor in September resumed the rehabilitation work under nighttime lane closures.

Drivers should proceed cautiously over the bridge and expect possible delays.

As with most highway contracts, there will be no lane closures on the bridge during the holiday periods of Thanksgiving, Christmas and New Year’s. The exact dates when there will be no closures over the upcoming holidays are listed at this DriveNC.gov webpage.

When a lane is closed, flagging operations will be used to allow traffic from each direction to take turns crossing the bridge, so drivers should expect delays and proceed cautiously in the work zone.

EMERALD ISLE – Town commissioners plan to hear from the public again before deciding on the next step for McLean-Spell Park. The 30-acre, sound-side maritime forest is the largest undeveloped track in town.

Mayor Jason Holland said Tuesday during the meeting, which was held in-person and streamed live on Facebook, that while the board was to hear proposed park plans that night, it would not be taking action. He added that there would be another meeting regarding the park in December or later with a public hearing before the board votes.

McLean-Spell Park, which has existing walking trails, is named after the town’s two founding families and is bordered by homes, a town park, the police and fire stations, a community center, Archers Creek — a tributary of Bogue Sound — and surrounding wetlands, according to town documents. The town purchased the property in 2018 for $3.1 million before a developer could move forward with a proposed 230-plus condominium development. The land had been zoned for multifamily development but has since been restricted to pedestrian traffic only.

“Acquisition of McLean Spell Park is a major accomplishment for the entirety of Emerald Isle. It helps to preserve a large segment of maritime forest, allow for public usage of the land, and protect the dark sky compliance for local military training operations,” Town Manager Matt Zapp told Coastal Review on Wednesday. Some of the funding to purchase the property was through the Department of the Defense, under the condition a restrictive easement was placed over the entire property to avoid development or uses that would be incompatible with Marine Corps Air Station Cherry Point and its outlying facilities.

Zapp recommended during the meeting Tuesday a two-phased approach for the park to both meet the needs of the residents and conserve the undeveloped land. The two phases were detailed in a master plan report, which Zapp presented to the board and public for the first time.

Phase one would include an arborist report, trail maintenance, exercise stations, a dog park for small and large dogs, a water fountain, and a picnic shelter. Phase two is to mostly take place outside of the McLean-Spell Park boundary, and would include updating the nearby Blue Heron Park restroom facility and adding an educational deck and pickleball courts, according to the town.

The $3.1 million property provided the town with the ability to maintain the undeveloped land, as opposed to seeing over 300 potential dwelling units built there, Zapp said. “So, one major victory has already been accomplished.”

The constant theme is keeping the park natural, preserving the maritime forest and focusing on green spaces, he added.

The project was paid for with $1.5 million from the Department of Defense Readiness and Environmental Protection Integration Program, $500,000 from North Carolina Parks and Recreation Trust Fund, $545,000 from the Clean Water Management Trust, a $600,000 contribution and a 10-year installment loan from Truist Bank, the town manager explained.

The town contracted with the Wilmington-based Summit Design & Engineering this spring to develop a master plan for the park, which Zapp presented to commissioners Tuesday. The engineering firm worked with the town to ask the public what they wanted in a park, and collected socioeconomic information to ensure the community was accurately represented.  

Zapp said Tuesday that more than 1,200 people joined in the conversation about what they’d like to see at McLean-Spell Park through a survey, two virtual meetings and an in-person meeting over the summer. Zapp first presented the results of the survey during the town’s August meeting.

“I’ve been in this business for nearly 20 years, and this is quite possibly some of the highest density results I’ve ever seen of a town-driven study,” he said Tuesday.

Zapp said many responses had keywords, such as dog parks, picnic areas, pickleball courts and exercise areas.

“When asked for general comments about the future development of McLean-Spell Park, a significant number of respondents stated that they would like to ‘keep the area natural,’ ‘preserve as many trees as possible,’ ‘keep it green,’ etc.,” the master plan states. 

Zapp stressed that the town’s administrative staff, elected officials and constituents would also like to see the area be kept a natural preservation of the maritime forest. 

“The whole idea of ‘nice matters,’ but green matters. So, keeping it green for all of us,” he said.

“Nice Matters” is the town motto.

“We wanted to focus on a strong support of keeping mature trees, a strong support for active walking trails, the cleanliness of them, the safety of them, the meandering of those trails, and maintaining the shady forest at McLean Spell Park,” he said. 

The focus led to the “first and most prudent step” in the master plan: to have a certified arborist assess the trees in the park for safety before any work begins.

Zapp reiterated the plans do not call for removing trees. The arborist would be brought on to help the town with any issues such as hanging branches, or trees with diseases that could cause concern.

He said bringing in the arborist is a best management practice to ensure the park is safe for use and the cost should be minimal.

“The next step for our parks team would be to begin engaging in that conversation (with an arborist) if any type of a plan to move forward was approved,” he said.

The public input also included the recommendation of trail updates that would entail maintaining the existing trails along its same meandering path to make them safer and adding exercise stations that would blend into the environment, a picnic shelter, and a water fountain. 

Also part of phase one is the recommendation for a dog park. The proposed dog park would be about an acre. Zapp said the land would not be cleared, just fenced off, allowing for the pets to play within the existing mature trees. 

The engineering firm’s stormwater team reviewed any potential impacts from the dog park. Based on past experiences, Zapp said they found people clean up after their pets and the risk of contamination isn’t extremely high.

Zapp explained that the dog park project had been in the queue for a few years. 

“There was a goal of nearly $52,000 to be raised for the dog park and we have met that goal and a portion of that was raised from private citizens and then the match with the town.” At this point, he said the town has more than $50,000 allocated and dedicated to the placement of a dog park somewhere in Emerald Isle.

“I’d like to stress we can do everything in phase one. We can afford to reach phase one today,” he said.

Recommendations for phase two, which Zapp said is a little bit farther out of reach from a financial perspective, would include updating existing bathrooms serving Blue Heron Park across Archers Creek from McLean-Spell Park, and the community playground, and build a naturally designed outdoor classroom.

Zapp told Coastal Review Wednesday in a follow-up that recent conversations regarding limited development of the 30-acres is exciting and the proposed enhanced public trails and exercise stations help Emerald Isle meet its obligation to the North Carolina Parks and Recreation Trust Fund grant process. Optional improvements include a dog park, pavilion, and even outdoor classroom space. 

“It is rewarding that 1,238 individuals shared their opinions and perspectives on the park system. The Town is working toward those wonderful goals,” he said.

Starting Tuesday night through the spring, motorists traveling the B. Cameron Langston Bridge in Emerald Isle should expect lane closures while rehabilitation work takes place.

NCDOT began work to extend the life of the 1971 bridge in late 2019. The work has required long periods of lane closures and travel disruptions. NCDOT pauses the work and lane closures for holidays and the busy season. The most recent work wrapped up May 20.

The project is to resume this week, and is expected to be complete by next spring, officials said Tuesday.

A contractor for the North Carolina Department of Transportation will be allowed to close one of the bridge’s two lanes at 9 p.m. and be required to reopen the lane by 6 a.m. the following day, seven days a week. This schedule will be followed through Oct. 30.

No lane closures will take place Sept. 23-24 and Oct. 21-22 for special events. Rain could postpone a nightly lane closure.

Beginning Nov. 1, the schedule for lane closures until spring 2023 will be 9 a.m. to 3 p.m. and again 6 p.m. to 6 a.m. Monday through Friday. On Saturday and Sunday, there will be 24-hour lane closures.

Lanes will not be closed on the bridge during the holiday periods of Thanksgiving, Christmas and New Year’s.

When a lane is closed, flagging operations will be used to allow traffic from each direction to take turns crossing the bridge, so drivers should expect delays and proceed cautiously in the work zone.

For real-time travel information, visit DriveNC.gov or follow NCDOT on social media.

Reprinted from the Carteret County News-Times 

All five Emerald Isle commissioners expressed support Tuesday night for maintaining the 30-acre McLean-Spell Park in its current state: dense maritime forest with walking trails.

Commissioners spoke after Town Manager Matt Zapp presented the results of a monthlong online survey that showed an overwhelming majority of respondents wanted no development in the park, which is behind the town recreation center and along Archers Creek.

The board’s monthly session was in its meeting room beside the police department.

“No bulldozing and no cutting,” said Commissioner Jim Normile, who led off the comments. He noted that a $500,000 grant the town received from the North Carolina Parks and Recreation Trust Fund, or PARTF, to help pay for the property in 2017 requires recreation on the site but does not require development. Walking is recreation, he said.

Normile also said the town should not even put a bathroom in the park, since there is one nearby, beside the basketball courts behind the police department and town meeting room.

Commissioner Jamie Vogel agreed. “I share the sentiments of the results of the survey,” she said. She added one suggestion, which came to her from resident Trevor Brownlow: putting up some educational signs about the trees and other plants in the park.

Commissioner Floyd Messer said Summit Design and Engineering of Hillsborough, the consulting firm that the town hired to develop a master plan for the park, is going to make three “concept” sketches based on the public input.

“I sincerely hope one of them is what I have in mind, and if it is, you will be happy,” he said to the audience, most of which was at the meeting to support conservation of the forest.

Commissioner Steve Finch said he had likely spoken to 150 people about the park in recent weeks, and the overwhelming majority didn’t want any clearing of the forest. Some suggested benches and picnic tables, ideas he supported, but without clearing.

Finch suggested that the town add some “personality” to the park by naming the trails and suggested one could be named for state Rep. Pat McElraft, an Emerald Isle resident who helped get the money to buy the land.

The final commissioner to speak was Mark Taylor. “I think we’re all thinking the same way,” he said.

He said the town could put bird houses and deer feeders in the park “to bring more animals in” to the safe spot in the middle of the town government center.

Taylor also noted that while Bogue Banks Water Corp. is leasing a small site in the park – 200 feet by 220 feet – the new well is essential to the town.

He suggested that the town put a fire hydrant in the park so if a fire broke out, the fire department could quickly access water to douse it.

Other than that, Taylor said, “I’m all about trees.” But he suggested the town clean up the trails a bit.

Zapp called the response to survey the best he’s ever seen. He said 78% of the 1,238 survey respondents were Emerald Isle property owners and 68% were residents of the town.

Although the sentiment was clearly to keep the park natural, he noted there were some respondents who favored some development, such as a dog park of swimming pool.

The town bought the 30-acre property, which was then zoned for multifamily residential development, for $3 million in 2017, with the idea of protecting it from development and to maintain water quality in Archers Creek, a tributary of Bogue Sound.

In addition to the PARTF grant, money for the purchase came from the town, through an internal loan, the North Carolina Land and Water Trust Fund and the U.S. Department of Defense, which was interested in precluding dense development in the flight path of plans that come and go from Bogue Field, an auxiliary landing strip and training facility for U.S Marine Corps Air Station Cherry Point located on N.C. 24 between Morehead City and Swansboro.

Most of the land – about 20 acres – was to remain forever as a natural, maritime forest under terms of a state grant that paid much of the cost of purchase, but town officials have always said about 10 acres could eventually be used for such things as a dog park and possibly a ballfield.

Summit is expected to deliver concept sketches for the park and a cost estimate to the town in September, and a final report is to be submitted by the end of November.

This story is provided courtesy of the Carteret County News-Times, a newspaper published in Morehead City. Coastal Review partners with the News-Times to provide our readers with news of the North Carolina coast.

Work to extend the lifespan of the B. Cameron Langston Bridge connecting Emerald Isle to the mainland resumed Monday, and motorists should expect delays because the ongoing project requires nighttime lane closures.

The work, anticipated to continue through May, is part of a project begun last year to preserve the bridge against the harsh saltwater environment, according to the North Carolina Department of Transportation.

Motorists should expect a lane closure between 9 p.m. and 6 a.m. Monday through Friday. Lane closures may also take place on Saturday or Sunday night if work during the week is delayed due to weather. Contractors are to employ flaggers at the ends of the work zone to direct traffic.

The department said it would announce regular updates as the schedule is expected to vary.

While a lane may not always be closed during the permitted times, drivers should anticipate this pattern and plan ahead as their commute may take longer than normal. NCDOT urges drivers to also use caution and remain alert around the bridge.

All questions and comments about the project should be directed to NCDOT, and can be sent to Lauren Haviland at lbhaviland@ncdot.gov. 

Traffic on the Emerald Isle bridge is reduced to a single lane at night as the structure is repaired.

The work began Sunday night and North Carolina Department of Transportation is closing one lane of the Cameron Langston Bridge at 7 p.m. and reopening it at 6 a.m. each night through Thursday.

The work includes repairing the bridge seats, on which the girders rest. The repairs were already scheduled for this year but were moved up after a recent inspection.

Flaggers are to be at the ends of the bridge directing traffic. Drivers should use caution near crews and the work zone and plan ahead as their commute may take longer than normal, according to NCDOT.

For real-time travel information, visit DriveNC.gov or follow NCDOT on social media.

The hopper dredge Liberty Island is on schedule to arrive in Emerald Isle Feb. 20 to begin dredging, holding, sailing and pumping sand on the beach at Reach 1, the far west of the Carteret County beach town, as part of Phase III of the post-Florence Renourishment Project.

The Liberty Island will complete Reach 1 and then move west to east to reaches 3, 4 and 5, through central and east Emerald Isle, according to the most recent project update from Greg Rudolph with the Carteret County Shore Protection office.

It is anticipated that more than 2 million cubic yards of sand from the Offshore Dredged Material Disposal Site, or ODMDS, associated with Morehead City Federal Navigation Project, will be used to nourish 9.4 miles of beach in Emerald Isle for Phase III.

The larger-capacity dredge, the Ellis Island, could arrive as late as April 1 but officials are working to have the dredge arrive sooner. If both dredges are working at the same time, the project could be completed before the April 30 environmental window closes for sea turtle nesting season and other biological resources.

The Great Lakes Dredge & Dock has been awarded the dredging contract. Phase III is similar to Phase I in 2019 and Phase II in 2020.

Great Lakes Dredge & Dock set the first submerged pipeline, or subline, in Reach 1 on Jan. 19. Sand will be pumped through this subline once the hopper dredge Liberty Island arrives. Pipe will be added to this subline to pump sand west, then east from the subline landing point at the Point Emerald Villas/Lands End boundary. On Jan. 24, Great Lakes Dredge & Dock placed the second submerged pipeline just west of Bogue Inlet Pier in Reach 3.

Dates for the work to begin was pushed back a handful of times from the end of January, to Feb. 12 and now to Feb. 20. The Liberty Island and Ellis Island are working in Florida and Charleston, South Carolina, respectively and have been trying to complete their work at these jobs while also encountering COVID-related issues both at sea and on land, according to the county.

Emerald Isle Commissioners Tuesday night authorized Town Manager Matt Zapp to negotiate a contract with engineering firm Moffatt & Nichol to develop a comprehensive stormwater management plan.

The 5-0 vote came during the board’s monthly meeting, conducted on GoToWebinar.

Moffatt & Nichol is a global infrastructure advisory firm with an office in Raleigh. It has long been Carteret County’s beach engineering firm, designing and monitoring multi-million-dollar Bogue Banks beach nourishment projects for the county’s Shore Protection Office. The company also subcontracts to Geodynamics, a Newport firm, for the county’s beach sand measurement program.

Zapp recommended Moffat & Nichol to town commissioners after reading proposals from the company and six others that responded to the town’s request for proposals to develop a stormwater plan.

The others that submitted proposals were The Wooten Company; McGill, Morris, Ritchie and Associates; American Engineering; LDS; and McConnell & Associates.

Zapp told the board he got input from Carteret County officials before recommending Moffatt & Nichol, and said he is confident the company has the resources and expertise to develop a good stormwater plan for the town.

Commissioner Jim Normile, who serves on the county beach commission, said he concurred with Zapp’s recommendation and thanked the town manager for his “thoroughness” in the review of the proposals and his recommendation.

Normile made the motion to allow Zapp to negotiate the contract. The manager hopes the board can approve a contract at its 6 p.m. Tuesday, Dec. 8,meeting.

The town’s request for proposals stated, “Recent flooding events have highlighted the need to address stormwater drainage issues on a comprehensive town-wide basis.”

According to the request for proposal, or RFP, the company that does the plan is expected to evaluate existing stormwater runoff conditions, existing system capacity and identify areas with frequent flooding; evaluate existing capacity of stormwater infrastructure, pumping stations and identify additional capacity needs; identify capital stormwater improvements to reduce flooding risk, reduce damage to public and private property and improve access and safety; quantify the capital and ongoing maintenance costs for implementing the stormwater infrastructure projects; identify permitting pathways to implement stormwater system improvements; and prioritize stormwater system improvements.

Although the town already has an extensive stormwater drainage system for the flood-prone Coast Guard Road corridor, and there are private systems in some developments, town Planning Director Josh Edmondson told the board earlier this year too much flooding occurs even after thunderstorms, not just tropical storms and hurricanes.

Without a plan and some tougher, but fair, stormwater rules, the town, he said, would likely see more flooding from smaller storms in the future, as redevelopment replaces smaller old homes with larger new ones, impervious surface area increases and remaining vacant and more marginal properties are developed.

Emerald Isle now has a charging station for electric vehicles to meet the growing demand.

The state’s electric cooperatives, including Carteret-Craven Electric Cooperative, or CCEC, are working to create a statewide network of electric vehicle, or EVs, charging stations, with the newest being a ChargePoint Level 2 EV charger on Islander Drive, the town announced Friday in a newsletter.

Electric vehicle owners can use the ChargePoint app to pay the $1 per hour to charge. The charging station provides about 20 to 25 miles of battery range for every hour the vehicle is plugged in.

“CCEC’s charger will provide residents and vacationers a place to ‘fill up’ while enjoying the beach or a stroll on Emerald Path,” according to the town.

The statewide network of EV charging stations is intended to enable more consumers in both rural and urban areas to adopt this technology, according to the town. “By expanding the state’s EV charging network, CCEC hopes to attract more EVs and their benefits-including improved environmental health, economic development and quality of life-to our service area.”

Learn More

• ncdriveelectric.com/CCEC

North Carolina and Federal Emergency Management Agency officials announced Thursday more than $54.9 million in hurricane- and tropical storm-related public assistance grants have been approved for Emerald Isle and Holden Beach.

The grants are to reimburse expenses to renourish public beaches in the coastal towns which were damaged by storm surges during Hurricane Florence and Tropical Storm Michael in 2018. Emerald Isle is to replenish with more than 2 million cubic yards of sand and more than 377,000 square yards of plants damaged during Hurricane Florence. The sand equals more than 20 times the amount of concrete in Charlotte’s Bank of America Stadium and the volume of plants covers 78 acres, according to the announcement. Holden Beach will replenish more than 389,000 cubic yards of sand damaged during Tropical Storm Michael.

FEMA’s Public Assistance program provides grants for state and local governments and certain private nonprofit organizations to reimburse the cost of debris removal, emergency protective measures and permanent repair work. Public Assistance is a cost-sharing program. FEMA reimburses applicants at least 75% of eligible costs, and the remaining 25% is covered by the state. The federal share is paid directly to the state, which disburses funds to agencies, local governments and certain private nonprofit organizations that incurred costs.

FEMA’s combined share for the Emerald Isle and Holden Beach projects is more than $41.2 million and the state’s share is more than $13.7 million.

The state and FEMA have approved more than $72 million to restore North Carolina beaches since the 2018 storms. In September 2019, more than $18 million was approved to restore beaches in the towns of Indian Beach and Pine Knoll Shores.

Emerald Isle commissioners have selected Matthew R. “Matt” Zapp as the new town manager, officials announced Wednesday.

Zapp, currently town manager in Benson where he has served since 2010, is expected to take the position effective mid-June, subject to formal appointment and approval of terms of employment in an open board meeting, officials said in the announcement. Zapp was selected from a field of 89 candidates.

Mayor Eddie Barber described Zapp as an experienced and resourceful local government manager. “We are particularly impressed with his active involvement in his current community and success in securing and administering grant funds for community projects and services, and his experience with technological innovation, emergency management, economic development and tourism marketing,” Barber said.

Zapp worked previously as village administrator of Madison Village, Ohio, and as a parks and recreation director. Prior to that he worked as a drag racing track manager and a business marketing manager.

“I am truly humbled to be selected as the next Town Manager for Emerald Isle,” said Zapp. “It is my desire to serve the residents, staff and elected officials with excellence. A kindness can be felt throughout the community and I look forward to contributing to the culture of’ ‘Nice Matters.’ My entire family is thrilled about the journey ahead and we cannot wait to call Emerald Isle home.”

Zapp earned a master’s of public administration with a concentration in coastal management from the University of North Carolina Wilmington, and a Bachelor of Arts from the University of Akron. He is a graduate of the Public Executive Leadership Academy and the Municipal and County Administration program at the University of North Carolina School of Government. He is a current board member of ElectriCities of North Carolina, the N.C. Eastern Municipal Power Agency and the Johnston County Visitors Bureau.

A native of Madison, Ohio, Zapp grew up on the shores of Lake Erie. He and wife Haley and their children reside in Benson where he is active in their church and serves as a baseball and soccer coach. His hobbies include running, drag racing and event announcing, and restoring old cars.

Zapp succeeds Frank Rush, who resigned late last year to accept a position as city manager in South Lake Tahoe, California.

“We thank Frank Rush for his dedicated service to our citizens and his many remarkable achievements,” said Barber. “He led our Town staff with great professionalism for 17 years, and he is highly respected across North Carolina. We also thank Randy Martin, who is serving our citizens well as Interim Town Manager. Our new Town Manager will find that Frank and Randy left the administration and finances in very sound condition, with the assistance of our excellent Town staff.”

Featured Photo

EMERALD ISLE — A national environmental organization closed Tuesday for the town on a $3 million purchase of a nearly 30-acre tract behind the former town hall and recreation center on the north side of Emerald Drive, the Carteret County News-Times reported.

The Conservation Fund, which has an office in the state, will hold the property and is to convey it to the town in the spring of 2018, but will allow public use of it in the interim.

Half of the purchase cost, $1.5 million, is coming from the military because the land is in the flight path of jets that use Bogue Field, an auxiliary landing strip for the Marine Corps Air Station Cherry Point.

The military is interested in protecting the land from development because of the potential for a disaster should one of its aircraft crash in a high-density residential development.

Another $500,000 has already been approved by the state General Assembly from the N.C. Parks and Recreation Trust Fund, as has $545,000 from the state Clean Water Management Trust Fund.

State Rep. Pat McElraft, a Republican who lives in Emerald Isle, pushed successfully for the grants to be included in the state budget for 2017-18 instead of waiting for the normal, somewhat slower, approval process by those agencies. The town is chipping in the remaining $455,000.

The town will pay an additional $75,000 to The Conservation Fund for its service.

Learn More

• Full Story in the Carteret County News-Times

EMERALD ISLE – Town commissioners voted unanimously Tuesday to reject a $25,000 state grant for removing vegetative and other debris and restoring water quality in a portion of Archers Creek, the Carteret County News-Times reported.

The action came after at least two of four neighborhoods that had initially agreed to provide $12,500 of the $25,000 required local match for the grant reneged.

The project would have addressed issues along a 1.1-mile portion of the creek in the Emerald Plantation shopping center and Woodpecker Lane, Emerald Landing and Forest Hills developments.

Town Manager Frank Rush said before the vote that there had been discussions with the North Carolina Coastal Federation about the need for a more comprehensive study of the watershed and options for cleaning up the creek. Town officials and the property owners did not think they could do that work with this specific grant and decided to drop the project that involved clearing debris and vegetation from the designated part of the creek.

“We all agreed to look for other opportunities to come up with a more comprehensive strategy for improving the creek’s water quality and appearance,” said Todd Miller, the federation’s executive director.

The state grant opportunity is available twice per year and town officials could apply again another time, but commissioners didn’t comment on reapplying.

Featured Photo

Carl Lewis of Rocky Mount captured Wednesday evening the sunset in Emerald Isle. Photo: Carl Lewis

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EMERALD ISLE – This Bogue Banks town won’t hear until late summer whether it will get grants to purchase a nearly 30-acre tract behind the town recreation center for a nature preserve and athletic fields, but scattered opposition and a recent report by the North Carolina Natural Heritage Program have some officials wondering about the future of the effort.

But when Mike Schafale of the Natural Heritage Program inspected the property in April in response to the clean water grant application from the town, he wrote that, “The town’s proposal to retain nine acres of the tract for recreational development would … be a serious threat to the natural integrity of the site, given the small size of the site.

“Though development in the wetlands would be unacceptable, and protection of them is needed to protect the creek, the most significant feature of the site is the maritime forest,” Schafale added. “At 23 acres, it is a small example, but it is one of the few last remnants of the extensive forest that once covered the interior of Emerald Isle, and is one of the better remnants in this region of the coast.”

Development of nine acres for recreation would be a “serious loss,” according to Schafale’s report, and if development were to occur in the middle of the site, “it would destroy virtually all of its ecological value.”

The report encourages the town to use the land as a natural recreation area, with trails and small parking lots, but without clearing large areas of the maritime forest or wetlands.

Town Manager Frank Rush said that if the town isn’t able to use the land for anything except passive recreation, he’s not sure it’s worth it.

“In a nutshell, it is ultimately up to our board of commissioners, but I am not sure if the town is willing to spend $400,000 to $500,000 on the land purchase if there’s no ability to use it for any purpose other than preservation and trails in the future,” the manager said in an email. “That’s a lot of money for Emerald Isle. We have many other demands for those funds, and the town already has a much nicer and larger natural area (nearly 40 acres) at Emerald Isle Woods Park, directly on Bogue Sound.”

Rush said the town views the potential purchase of the Surfside Realty Tract as an opportunity to provide athletic fields and other active recreation amenities, after a public planning process, while preserving two-thirds of the undeveloped parcel.

“Again, the ultimate decision is up to the town’s elected officials, but to me it’s not a question of preserving 30 acres versus preserving 20 acres. It’s really more a question of preserving 20 acres versus preserving zero acres. I suspect that those who have expressed concerns would prefer 20 acres rather than zero acres.”

Rush said the parcel is the only one in Emerald Isle that can accommodate any sort of athletic fields.

“There are currently nearly 500 school-age kids in Emerald Isle, in addition to many more young and active people in their 20s, 30s, 40s, and beyond, who would benefit from these kinds of facilities, and we expect more in the future as technology changes and more people are able to work remotely and live in a place like Emerald Isle.”

County-maintained athletic fields are available just across the bridge at Western Park in Cape Carteret. But the town, Rush said, wants to be “a complete community that offers these kinds of traditional recreation amenities and opportunities.  It’s all part of the overall package that will help to make Emerald Isle an even better place than it already is.”

While Rush remains optimistic about the grants, two commissioners interviewed this week agreed with him about the ball field issue and the idea that conserving most of the forest is better than nothing, especially given the eventual likelihood of multifamily development.

“I don’t think there’s that much interest in doing this if there is not a good possibility of athletic fields,” said Commissioner Jim Normile. Even with grants, he said, “there’s still a very large commitment of taxpayer funds.”

If taxpayers are to make that kind of financial contribution to the purchase, he said, it’s reasonable for them to expect something other than the trails and other passive recreation opportunities that already exist in Emerald Isle Woods.

Commissioner Candace Dooley said that “People might think there aren’t many kids in Emerald Isle, but there are, and many of them are involved in sports and athletics.”

Emerald Isle, she said, “wants to maintain a family atmosphere,” and in most places, athletic fields are part of that.

“I agree that without that (reservation for ball fields), it doesn’t make much sense for the town to ask taxpayers to commit that kind of money,” she said.

Town commissioners, during their monthly meeting on April 11, voted unanimously to seek the two grants and money from the Marine Corps, augmented by the tax money, to buy the property.

The land is was platted for a subdivision way back in 1989, but it was never built.

The property is bounded by Archers Creek to the south, which separates it from the town government complex; by residential units along Live Oak Street to the west; residential units along Sound Drive to the north; and residential units along Archers Creek Court and Coral Court to the east.

Some area environmentalists have expressed concern about the plan. It’s the largest maritime forest tract in town, other than Emerald Isle Woods, and serves as habitat for painted buntings.

In addition to state grants, officials also are seeking $1.5 million from the federal government through Marine Corps Air Station Cherry Point. That request, Rush said, is feasible because the property is in the flight path for aircraft that use Bogue Field, an auxiliary landing strip across Bogue Sound in the town of Bogue. The military discourages development within the flight paths of its facilities, and often partners with local governments to minimize it.

Nate Halubka, manager of grants and outreach for the state parks and recreation fund, said this week that, at least for “acquisition grants,” his office isn’t concerned about how the land is used.

“We expect that the applicant will tell us what they expect it to be used for in the next five years, but that can change, and we know that,” Halubka said. “If the town says, for example, that they are going to put in ball fields, and that changes,” that doesn’t affect whether the town should get an acquisition grant.

“Public recreational use is our concern, whether it’s passive or active,” Halubka said. “It’s up to the town’s discretion to decide how it should serve the needs of the public.”

In other words, he said, if it’s ball fields, that’s fine. If it’s trails, that’s fine, too. And if it’s a combination, that’s also fine. The office funds all kinds of land-acquisition projects.

LuAnn Bryan, the Parks and Recreation Trust Fund recreational resources service coordinator for the state’s eastern region, said she believes her office will have about $5 million available for grants this year, and Halubka agreed.

“Of course, that all depends on what the legislature does, but they’ve been good to us in the past,” he said.

Walter Clark, executive director of the Clean Water Management Trust Fund, said he hasn’t seen the property, having only moved into his new position a couple of months ago, after heading the nonprofit Blue Ridge Conservancy in Boone. But he also spent more than two decades as North Carolina Sea Grant’s coastal law, planning and policy specialist, so he knows coastal issues and concerns.

He saw Schafale’s report and called it “interesting,” and said it will play some role in the grant decision, but he’s not sure how much.

The clean water fund has 90 land-acquisition applications on its table, Clark said, and uses a “scoring” system to rank them. The final decisions are up to the fund’s nine-member board of trustees, and he said hasn’t been around long enough yet to have a “crystal ball” that would give him any indication of their leanings.

He added that the trustees will also factor public input – letters and other communications – into the decision.

In action at the April 11 meeting, the Emerald Isle board authorized Rush to execute a contract for purchase and set up a “due diligence period” that could result in a closing of the deal at the end of October.

Cherry Point officials have initiated the internal federal process to secure the money, Rush said, but it’s a process that likely will take several months.

Based on discussions with officials at Cherry Point, Rush said he expects a definitive commitment by September, but the money might not be available for a few months after that. The state grant decisions could also come by early September.

If the state grants come through, but actual cash from the military is not available by the planned Oct. 31 closing date, Rush added, the town could enter into a short-term financing arrangement with The Conservation Fund of North Carolina.

The Conservation Fund of North Carolina is part of a national organization whose mission is to assist communities in the acquisition and conservation of public land, and they are serving as the town’s partner on the acquisition. Under the military’s program, Rush said, MCAS Cherry Point can provide federal funding only to previously authorized partners, and The Conservation Fund has been involved in similar previous deals with Cherry Point.

The Conservation Fund would be the actual entity that would purchase the property from the owners. The Conservation Fund would then convey the property to the town.

In his memo to the board, Rush noted that if the town does not receive enough money for the purchase, “it will likely be possible to have The Conservation Fund proceed with the acquisition on the town’s behalf. The Conservation Fund would provide the balance of funding necessary to acquire the property, and would then hold the property for some mutually agreeable time period.”

If that were to occur, he wrote, “The town would remain eligible for grant funding, and could apply for funding from the same grant programs in 2018 or could apply for funding through other eligible grant programs.”

The other option is to simply abandon the effort, he added.

Rush said that if the town can get the land, nothing would happen fast.

“Ultimately, I would envision the board soliciting additional public input on desired park amenities in the future, and using that public input to develop a specific park plan,” he said.

Learn More

• Clean Water Management Trust Fund
• Parks and Recreation Trust Fund

EMERALD ISLE – Despite concerns expressed by some environmentalists, residents and an inspector for the North Carolina Natural Heritage Program, Emerald Isle Town Manager Frank Rush says the town can successfully protect water quality, preserve a significant chunk of maritime forest and eventually build athletic fields on a portion of a nearly 30-acre tract officials hope to buy.

The move would preserve the area, which is largely maritime forest, behind the town’s recreation center on Emerald Drive from residential development, but a state report based on a site inspection on April 12 calls the town’s plan for carving out the forest’s interior for ball fields, “a significant concern.”

Town commissioners, during their monthly meeting on April 11, voted unanimously to seek two grants and money from the Marine Corps, augmented by some tax money, to buy the $3 million property, the largest undeveloped tract in town. Commissioners also gave Town Manager Frank Rush the OK to apply for $545,000 from the state Clean Water Management Trust Fund, which awards grants for projects that protect or enhance water quality.

The plan is to preserve about 20 acres in its natural state, but with hiking trails and other opportunities for passive recreation, and to use nine to 10 acres for athletic fields, which have long been desired by town residents.

The land is owned by Surfside Realty Inc. and was platted for a subdivision back in 1989, but it was never built.

The property is bounded by Archers Creek to the south, which separates it from the town government complex; by residential units along Live Oak Street to the west; residential units along Sound Drive to the north; and residential units along Archers Creek Court and Coral Court to the east.

‘A Serious Loss’

Mike Schafale of the Natural Heritage Program did the inspection on April 12, in response to the town’s application for the Clean Water  grant, and noted in his report the town’s contention that, “If unprotected, it appears likely to be bought for residential development soon.” However, he also noted that, “The town’s proposal to retain nine acres of the tract for recreational development would also be a serious threat to the natural integrity of the site, given the small size of the site.

“Though development in the wetlands would be unacceptable, and protection of them is needed to protect the creek, the most significant feature of the site is the maritime forest,” Schafale added. “At 23 acres, it is a small example, but it is one of the few last remnants of the extensive forest that once covered the interior of Emerald Isle, and is one of the better remnants in this region of the coast.”

Schafale said the clearing of nine acres would be “a serious loss,” and if recreational development were to occur in the middle of the site, “it would destroy virtually all of its ecological value.” Development along the edge of the property, adjacent to neighboring houses, would be less destructive, but would still diminish the natural area’s significance.

“The town is encouraged to use the land as a natural recreation area, with trails and small parking lots, but without facilities that would require large clearings or remove any of the intact maritime forest or wetlands,” Schafale noted.

‘Balancing Act’

Rush, the town manager, said the very nature of the Clean Water grant the town seeks demonstrates intent to preserve the land and protect water quality. It’s the same funding source used for the town’s purchase of the Emerald Isle Woods land off Coast Guard Road.

In addition, the town board authorized Rush to apply for $500,000 from the state Parks and Recreation Trust Fund, and officials also are seeking $1.5 million from the federal government through Marine Corps Air Station Cherry Point.

The air station request, Rush said, is feasible because the property is in the flight path for aircraft that use Bogue Field, an auxiliary landing strip across Bogue Sound in the town of Bogue. The military discourages development within the flight paths of its facilities, and often partners with local governments to minimize it.

The final piece of the funding puzzle would be $455,000 from town taxpayers, most likely through a short-term loan, either internal or external. That wouldn’t happen until fiscal 2018-19, which will begin on July 1, 2018.

That taxpayer funding, Rush said, is an important consideration in how the property eventually is used, as residents and property owners will “have an investment,” and have long indicated in land-use plans and surveys that they’d like to see some kind of athletic fields in town. The site is about the only place that can happen, and it’s also within a stone’s throw of the recreation center.

“It’s a bit of a balancing act,” the manager said, but it’s important for all involved to remember that it’s also about saving about 30 acres, minus wetlands, from potentially intense development.”

Schafale reported that mid-Atlantic maritime evergreen forest occupies all of the upland parts of the site, with a canopy dominated by loblolly pine and laurel oak, with smaller numbers of live oaks and a few large pignut hickory trees. The understory includes swamp red bay, American olive and Carolina laurel cherry. Yaupon holly and witch hazel are also present, with plenty of poison ivy, greenbriers and Virginia creeper.

“The forest is mature, though it shows the effects of intense hurricanes about 20 years ago,” he wrote. “The old canopy trees are interspersed with gaps of up to an acre or two where understory-size trees predominate.”

Much of the marsh on the site is freshwater, but salt marsh is present along the Archer Creek channel where viewed from Lee Avenue, and a small amount may be present in the tract.

“Archers Creek presumably is tidally influenced, though the vegetation along it in most of the site suggests fresh water,” Schafale added in his report. “Saltier water appears to extend beyond Lee (Avenue), but not to the middle of this tract.”

Water Quality, Habitat Loss

Larry Baldwin, the Crystal Coast Waterkeeper based in Morehead City, said he supports the purchase because the land is zoned for multifamily development and could be used for up to 237 condominium units. That’s eight units per acre allowed under town zoning rules.

Baldwin, whose group is licensed by the international Waterkeeper Alliance, said he supports what the town is doing, “for now,” because it’s important that the tract not be used for dense condominium development, which would result in streets, roofs, sidewalks and other impervious surfaces that would increase stormwater runoff, the primary cause of water pollution along the coast.

“I’m not familiar enough with what they (the town) are doing to oppose anything yet,” Baldwin added. “But I do hope that they will do the right thing, which would be to preserve the whole 30 acres. I’m going to be interested in seeing what they eventually propose to do.”

One important factor, Baldwin  noted, would be the location of the ball fields within the tract; the distance from the wetlands and the creek is crucial.

Rush said the town has always tried to be a good environmental steward. He said the roughly four acres of wetlands on the site would be protected.

“I absolutely think that we could,” Rush said, when asked if he believes the town could design a project for athletic fields that would not hurt water quality. The bulk of the property is high and sandy, he said, whatever the town eventually designs would include buffers. In fact, Rush said he expects the Clean Water Management Trust Fund will require a conservation easement on a portion of the property, primarily along the roughly 1,100-foot shoreline of Archers Creek.

Sam Bland, a town resident, former Hammocks Beach State Park superintendent and North Carolina Coastal Federation employee, said he supports the town acquiring the property, but not the concept of developing nine acres for ball fields or other active park uses.

The problem, Bland said, is that there is very little maritime forest left in Emerald Isle. The other large section is the 41-acre, town-owned Emerald Isle Woods, which is a combination natural park and storm water management facility.

“We need to preserve what’s left,” Bland said. He added that clearing and developing any of the property would likely have some negative effect on water quality in the creek, which flows into Bogue Sound.

Another issue, Bland said, is that the property is prime habitat for wildlife, including raccoons, foxes and especially the resplendent painted bunting, which, in North Carolina, is listed as a federal “special concern” species by the U.S. Fish and Wildlife Service. The bird also has been designated as a watch list species by Partners in Flight, and BirdLife International has categorized the population as near-threatened. Experts say the population has been declining for years, in part because it is caught in Mexico and Cuba for the caged-bird trade, but also because its habitat is shrinking.

In his report, Schafale stated that a survey for rare animals and for rare bryophytes – liverworts, hornworts and mosses – “would be worthwhile.”

Closing the Deal

In action at the April 11 meeting, the board authorized Rush to execute a contract for purchase and also set up a “due diligence period” that could result in a closing of the deal at the end of October.

MCAS Cherry Point officials have begun the process to secure federal funds, Rush said, but that’s likely to take several months.

Rush said that based on discussions with officials at Cherry Point, he expects a definitive commitment by September, but the money might not be available for a few months after that. Decisions on the state trust fund grants could also come by early September.

If the state grants come through, but actual cash from the military is not available by the planned Oct. 31 closing date, Rush added, the town could enter into a short-term financing arrangement with The Conservation Fund of North Carolina, part of a national organization whose mission is to assist communities in the acquisition and conservation of public land. The Conservation Fund is serving as the town’s partner on the acquisition. Under the military’s program, Rush said, Cherry Point can provide federal funding only to previously authorized partners, and The Conservation Fund has been involved in similar previous deals with the air station.

The Conservation Fund would be the actual entity that would purchase the property from the owners. The Conservation Fund would then convey the property to the town.

In his memo to the board, Rush noted that if the town does not receive adequate funds for the purchase, “it will likely be possible to have The Conservation Fund proceed with the acquisition on the Town’s behalf. The Conservation Fund would provide the balance of funding necessary to acquire the property, and would then hold the property for some mutually agreeable time period.”

If that were to occur, he wrote, “The town would remain eligible for grant funding, and could apply for funding from the same grant programs in 2018 or could apply for funding through other eligible grant programs.”

The other option, absent sufficient funds by closing, is to simply abandon the effort, he added.

What Kind of Park?

Rush said he’s confident the town can get the two grants, as well as the contribution from the military, but more money would be needed to build athletic fields.

In a memo to commissioners for their meeting, Rush listed potential field uses and sizes:

• Baseball field – about 400 feet by 400 feet, or three to four acres.
• Soccer field – about 300 feet by 400 feet, or nearly three acres, which could potentially be built in the outfield of a new baseball field.
• Tennis court – about 60 feet by 120 feet each; or about one-sixth of an acre.
• Dog park – sizes vary, but likely about an acre, potentially in the natural area of the new park, among existing trees.
• Skate park – sizes vary, but likely a half-acre or less.
• Splash park – sizes vary, but likely one-fourth of acre or less.

“Additionally,” Rush wrote, “it will likely be necessary to provide some amount of additional parking for park patrons.” He said about 80 spaces, along with access to them, would take up close to an acre.

The military’s program will limit the extent of building construction on the property.

Rush noted in his memo to the board the town would likely be able to build a small bathroom building, a storage building, a concession building and “other similar features,” but larger buildings would not be allowed.

Eight or nine residents spoke during the state grant-required public hearing on April 11, and while some expressed concern, none out-and-out opposed the plan.

Ken Stone, chairman of the town’s bicycle and pedestrian advisory committee, was one who spoke at the hearing.

In an interview, Stone said that, like others, he’d prefer that the property be kept mostly natural, with the exception of hiking and bike paths and maybe a small venue for outdoor performing arts.

But, he added, “We have to get the property first. And there are a lot of people who have been interested in having ball fields.” But, he said, protecting 20 of the 30 acres of mostly forested land in a natural state is certainly preferable to 237 condos or even single-family development.

“I guess I’m kind a realist,” Stone said. “If we have a chance to get this land, using grants, and don’t do it, that would be a heck of a missed opportunity.”

Rush said that if the town is able to get the land, nothing would happen fast.

“Ultimately, I would envision the board soliciting additional public input on desired park amenities in the future, and using that public input to develop a specific park plan,” he said.

Learn More

• Read the Natural Heritage Report

From a Tideland News report:

EMERALD ISLE – Town officials here have applied for a state grant to purchase a nearly 30-acre tract behind the old town hall and recreation center for a mix of preservation and recreational use.

Town Manager Frank Rush has applied for a $545,000 grant from the state Clean Water Management Trust Fund, He’s also working with the military, because the property is in the flight path for Bogue Field – an auxiliary landing field for the Cherry Point Marine Corps Air Station – and the Marine Corps is trying to discourage development, especially high-density development, in flight paths.

The tract, which has frontage on Archer’s Creek, is zoned for multi-family development, and is large enough for as many as 237 condominiums, Rush said.

The property is owned by Surfside Realty Co. Inc. of Emerald Isle, and the registered agent is Georgia Ricks. It has been appraised at $3 million.

Rush said that despite common belief, the property is very usable, with 26-27 acres of high land, much of it covered with maritime forest.

The town, he said, would almost surely preserve two-thirds of it in its natural state, and would, at some point, most likely use the remaining third for fields for sports like soccer and baseball. That could be a few years, maybe more, down the road after acquisition. Rush said the two-thirds that would be left natural are ideal for hiking trails.

“It’s really beautiful property, with a lot of great trees,” Rush said, and people would love it for nature walks and other passive recreational activities, such as bird watching.

All of this fits well with the mission of the Clean Water Management Trust Fund, which receives money in budget allocations from the state General Assembly.

The agency’s main purpose is to help local governments protect water quality, but Rush said it also has a stated goal to help provide buffers for military facilities.

At least part of Archer’s Creek, which borders the property, is classified by the state as Outstanding Resource Waters, the state’s highest classification. And the creek is a tributary of Bogue Sound, which also is classified ORW.

Grant awards are expected to be announced in September.

This story is provided courtesy of the Tideland News, a weekly newspaper in Swansboro. Coastal Review Online is partnering with the Tideland to provide readers with more environmental and lifestyle stories of interest about our coast. You can read other stories about the Swansboro area here.

Emerald Isle has gained more support in a legal case involving private property rights and public access to the beach.

The North Carolina Coastal Federation and North Carolina Wildlife Federation joined this week a number of beach towns that have filed court briefs backing the town’s position.

The Southern Environmental Law Center filed the amicus curiae, or friend of the court, brief on Wednesday in support of public trust rights to access dry sand beaches on behalf of the two nonprofit organizations. Such briefs are filed by an entity that is not a party in the case but has a strong interest in its outcome.

The North Carolina Supreme Court will soon hear the civil case in which Gregory and Diane Nies, who own a second home on the oceanfront in Emerald Isle, contend that the town used their private property for town vehicle traffic without proper permission. The Nieses are represented by the property rights defense group, Pacific Legal Foundation.

Emerald Isle sometimes uses a 20-foot lane on the dry sand beach for town vehicles, including police vehicles. The town, which is also represented by the Southern Environmental Law Center, argues that such usage does not interfere with the Nieses’ use of the beach. A ruling against Emerald Isle could lead to limitations on public beach access, according to the town.

Neighboring Bogue Banks towns of Pine Knoll Shores and Indian Beach, all Dare County beach towns and beach communities in Onslow, New Hanover and Brunswick counties have filed similar briefs supporting Emerald Isle’s position.

The nonprofits posed two arguments in their brief — that the public has always had the right to access ocean beaches and that the Nies’ home state, New Jersey, has similar public trust rights. The groups cite several precedents, including four cases settled in North Carolina and one in New Jersey. It also cited a North Carolina constitutional provision, a North Carolina general statute and eight statutes and regulations from the state’s Coastal Area Management Act.

The state’s constitution recognizes the “common heritage” of North Carolina’s beaches, and in the 1974 inception of the Coastal Area Management Act, legislators made sure to preserve the public’s right to beach access.

“In their brief, Appellants seek to create law that has never existed — and in doing so erase an integral part of the common heritage of the state,” according to the brief.

Also according to the brief, legislators took steps to protect the public’s right to dry sand beaches again in 1998 and in 2013.

The case has been ongoing since 2014. The town won the original case and an appeal on Nov. 17, 2015. In January, the couple petitioned the North Carolina Supreme Court, which granted in April a review of the case.

The soft evening sun lured me out of the house to enjoy the last day of daylight saving time. My wife and I drove to the public beach access at the point of Emerald Isle and walked over to the beach to try to get some photos of the black skimmers that had been congregating along Bogue Inlet. Once we reached the wide flat sand spit that meets the inlet, it was clear that the skimmers had found an alternative roosting site since none of them were in sight. Under a cloudless sky, we then decided to walk across the sand spit and then head east along the beach. Hundreds of horseshoe crab shell molts were scattered all over the beach and someone had created a horseshoe crab totem with dozens of the shells. With our imagination unable to decipher what the creator of the crab pile was trying to convey, we started walking east.

We didn’t get far when a modern day Paul Revere in a pickup truck pulled up and excitedly told us that three pilot whales were about two miles east down the beach, swimming just behind the breakers and heading our way. The crier’s excitement was contagious as he continued down the beach telling all the people that were fishing, walking, jogging or sitting along the beach. It wasn’t “the whales are coming, the whales are coming”, but it was pretty close. “In the fifty years that I have lived on this beach I have never seen this,” he exclaimed.

I quickly stowed my camera in my backpack and we began to quickly walk down the beach towards the whales. I soon realized that I was walking alone and turned back to let my wife catch up. “GO!” she said, and I went.

I took off in a sprint with my backpack jumping around and pounding into my back like a jack hammer. Way down the beach I saw a pickup truck moving slowly towards me and assumed that they were watching and keeping pace with the whales. As I ran I kept my eyes glued to the water just behind the breakers. After about ten minutes of running I began to close in on the truck and saw a number of dolphins swimming behind the surf.

Then, to my amazement, the whale exploded out of the ocean and fell over on its side with a tremendous splash.

It didn’t completely breach, but it did get about half of its body out of the water. Due to the size, I immediately knew that this was not a pilot whale but a humpback whale on its migration to southern breeding and calving grounds. This is the type of whale famous for its mysterious songs and vocalizations.

My excitement caused my digital dexterity to evaporate as I clumsily fumbled to get the camera out of the backpack. I waited for another breach that did not occur, but the whale did, however, continue to surface with a misty plume of exhaled air. This “spout” is actually water vapor that is expelled under great pressure at about 240 miles per hour and has a fishy smell.

 It was obvious that the town crier had already informed everyone on this stretch of beach about the whale as people stood like the Easter Island statues staring out over the ocean in stunned, jaw-dropped silence. As the whale approached, some people were pointing as others were taking video or pictures with their phones. The calm sea made the viewing easy as every so often the whale would surface and “blow” before melting back into the sea. As the mammal began to get closer to the end of the island, the numerous sandbars near the inlet forced the whale to swim further offshore into deeper water. It moved out past the whistle buoy heading towards Bear Island and the exhale plume of its breathing soon became distant.The occupants of the escort truck turned out to be friends of ours and they invited me to ride on the tailgate as we kept pace with the whale. As we continued down the beach I made feeble attempts at anticipating where the whale would surface again to get a decent picture. I was only able to get a couple of blurry images of the “hump” as it slipped back under the water.

 People that had never met now talked to each other like old friends about the magic that they had just witnessed. One rugged-looking old-timer that seemed indifferent to the whale sighting turned to me and started to speak. The judgmental side of my brain was already starting to make me cringe as I expected some type of negative comment. “Coolest thing that I have seen in my life”, he said, or something to that effect, as his words were laced with a salty tongue that doesn’t need repeating.

As we walked home, we talked about the excitement and joy that had infected everyone. It made me think that if anyone, regardless of political affiliation, economic status, age, race, religion or ethnic heritage, could see a whale in the wild that they too would be filled with this joy.

 And this gives me a glimmer of hope, that as a society, we have the capacity to make a difference to protect and preserve our natural heritage that is more important to our spirit than we realize. It made me think that maybe we can overcome the somber story of the 1975 David Crosby and Graham Nash song, To The Last Whale, and that future generations will experience the joy of whales.

As we walked up our driveway, we both started laughing as we realized that the whale-induced intoxication caused both of us to forget that our car was still at the public access parking lot.