g>19?3 THE M0NSW1CK BEACON
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Volume 23, Number 39 Shall
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JERRY WEST mans the barricade that now
the west end of Holden Beach. West was all
ptTiy UWIIUI!) tUIU lllt-II gUCdtd UlC IJrtlll'
state road turns into a private drive.
CAM A lnv<
As\
BY TERRY POPE
A sign at the west end of Holden Beach states
"Private Property; Property Owners Only," but it went
virtually unnoticed until last week when motorists seeking
access to the west end were stopped in their tracks.
Holden's west end came under private barricade last
week with only property owners and their guests allowed
to pass beyond the orange and white blockade. Also
passing through the blockade last Thursday were
Coastal Area Management (CAMA) officials who conducted
an investigation into reports of filling of
wetlands along the west end by Holden Beach Reaity
Corp., owners of the west end tract.
The closing of what town officials have agreed is a
"private road" caused alarm among many motorists
who are accustomed to parking along the west end for
beach access. It also caused concern among CAMA of.;r
14 ? *
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V-^V-CUI I loic I c
BY TERRY POPE snacks from the i
A Brunswick County District Court wagon," or a tl
judge Monday refused to rule as "un- military-style pick
constitutional" an Ocean Isle Beach open up to display
town ordinance that has Shallotte Prior to the trial
Point resident Donald Ballou charg- ed a motion to disi
ed with peddling without a license. ing Judge Hook;
Judge D. Jack Hooks Jr. of dinance as uncoi
Whiteville instead found Ballou gull- said the N.C. Gei
ty of peddling and fined him $50, a 1963 granted tow
verdict that Shallotte attorney Mark restrict peddlers
Lewis said he will appeal to but did not grant
Brunswick County Superior Court. prohibit all peddli
Lewis argued in court Monday that "Under the Oc?
the town's ordinance is "unconstitu- no one has the ri
tionally vague" and restricts said. "There is n<
everything from "street venders, to don't see what Mi
newspaper stands to Coca-Cola different from wh
machines." man or Lance crs
Police Chief Jerry Gurganus After returning
IpcliflMl in /vuirt Mnn/iav that Ka mlnutac t<i
charged Ballou with peddling without Carolina law, Jut
a license on July 17 after he spotted and ruled that I
the defendant selling drinks and dinance was con
County /
On Flooc
BY SUSAN USHER from people in t
Bristling at the thought of coping made their own
with more federal red tape, tng to partieipat
Brunswick County commissioners at their own exp
unanimously agreed Monday night to In a memo to <
call for a "political sit-down with top !y Carter, Harve
officials in Washington" to discuss problems relati
flood elevation maps proposed for planning and ins
unincorporated areas of the county. Until they are
The meeting will be scheduled wrote FEMA I
soon, within the 90-day period for fd- Carol Campbell
ing formal objections to the flood rate tart to enforce
elevations and insurance rate maps gram portions o
proposed by the Federal Emergency code.
Management Agency (FEMAi. "I will enforc
rnon sense and
This "one on one, eyeball to vised,
eyeball" confrontation was proposed The problems
by County Planner John Harvey, who y> base maps '
said he had been in regular cor- markings (such
respondeoce with FEMA officials that don't com
since a public meeting in January, county-made n
with less than satisfactory results. that's not comf
"1 believe 1 have?if you'll pardon sections of unu
the expression?exhausted all ad- which no sped
ttuiustrative remedies," he said tons or flood
Monday night given, but that
"You will hare a kit of support icct to a 100-yea
otte, North Carolina, Thursday, Augusl
kTE PHOTO BY ECOlE SWEATT
limits access to
owing only procade,
where the
sstigates, Mc
A/est End Of Hold
ficials over the clearing of second-row lots along the
west side of the private drive.
However, Tuesday afternoon, Fred Oraka of the
Wilmington district CAMA office, said the lots under investigation
"have been restored to our satisfaction."
Ozaka said he met with representatives of the Holden
Beach Realty Corp. last Thursday and requested that
the clearing of lots be halted until it is determined if
wetlands were filled and how they should be restored.
Jim iirmin, principal parxner in xne realty company
and town commissioner, was unavailable for comment.
Attempts to contact Griffin on Thursday, Friday, Monday
and Tuesday were unsuccessful and Griffin did not
attend Monday's meeting of the town council.
Tuesday evening, after receiving clearance from
CAMA officials, the realty company filed nine applications
for CAMA permits with Holden Beach to construct
ddling Ordinance
rear of a "Roach the power to restrict peddling was
hree-quarters ton granted by the state. low is said that
;up with slues that his research of North Carolina law
goods for sale. determined that a town's right to proMonday,
Lewis fil- hibit all peddling has never been
miss the case, ask- challenged in court,
i to rule the or- The Ocean Isle ordinance was
istitutional. Lewis adopted by the town about five or six
neral Assembly in years ago, said Police Chief
ms the power to Gurganus. He said that prior to July
within town limits, 17, only two people had been charged
towns the right to under the ordinance, a produce
ng. salesman and someone selling
;an Isle ordinance, T-shirts.
eht to sell." I a'wis The ordinance mandates that Ded
a permit process. I dling of goods, including but not
r. Ballou did is any limited to food and/or ice cream, is
at the Merita bread prohibited by the town from any nonicker
man does." permanent structure within the town
to his chambers for limits.
study the North Gurganus said he advised Ballou
Ige Hooks returned prior to filing the charges that he was
the Ocean Isle or- in violation of the ordinance, and
istitutional because gave him an opportunity to leave the
Wms For Sho
J Insurance C
he county who have FEMA's natural hazards branch
studies and are will- chief, Richard Mayson, shortly
e in such a meeting answered Harvey. He wrote that corense,"
he added. recti on of the maps would be giver
bounty Manager Bil- top priority, using maps provided by
sy noted two specific the county. They were to be corn
ng to development, pleted in about a mor.th and returnee
pections. to the county,
straightened out, he Nearly four months later, they'vi
field representative not arrived, Harvey said,
in April, he is hesi- In the broadly-defined 100-year
flood insurance pro- flood or "A" zones, any time a nev
I the county building development involves more than ftv
acres of land, FEMA regulations sa;
e only what is com- the applicant must provide his own
enforceable," he ad- flood elevation data. A FEMA core
puter expert in Atlanta is available t
he specified are two: advise developers on bow to do th
with alignments and required study,
i as routing of roads > In one test case of a small propose
spend with those on subdivision near Holden Bead
laps and in a scale Harvey noted, the planning boar
latible: and 21 broad found a 10-mile survey run would to
incorporated area for required
Be flood plain eleva- "We agreed that was excessrv
hazard factors are burden to place on the public,"' wroi
are identified as sub- Harvey. "FEMA still insists that t
tr flood. dene."
t
CK&BEJ
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t 8, 1985 25c Per Co|
^ ^ENrSTMEl
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^4Aie3sii^5BWE^
>torists Comf
en Beach Closec
nine, three-bedroom homes on lots located between
1302-1324 Ocean Boulevard West where the lots were
cleared. The entire west end tract is zoned residential,
or R-l. allowing single and duplex construction.
Ozaka said Tuesday that as a result of the investigation,
the company agreed to restore the lots by 'pulling
back dirt from those areas that had been filled" during
the clearing. He gave Holden Beach Building Inspector
Dwight Carroll, who is also the town's CAMA official,
permission Tuesday afternoon to process the realty
company's CAMA applications.
Carroll said Thursday that he had Issued no local
CAMA permits to the realty company for clearing the
lots, but noticed that bulldozers were leveling the dunes
last Wednesday.
I saw wnai mey were doing so I called LAMA down
here," Carroll said.
i Survives First R
island without a citation. said.
Ballou testified Monday that he "The fact t
contacted the town of Holdcn Beach granted a permi
on July 16, the day before charges a nearly identi
were filed against him at Ocean Isle, one back to I
and was granted a privilege license question," Lewi
to sell goods by the town. Ballou said Hooks said he 1
he was operating the truck on July 17 the constitution!
at Ocean Isle for Ginger Walrath,
vice-president of Master Marketing r????
Incorp., which owns the vending service.
Ballou said he contacted Ms. Alberta
Tatum, town clerk at Ocean Isle,
m mid-March and was told the company
could not obtain a privilege
license to sell. He added that Sunset
Beach town officials also told him
that the company could not obtain a
license to sell goods. The Holden
Beach and Ocean Isle Beach town ordinances
against peddling are identical
except Holden Beach adds the
phrase "along the beach strand," he
wdown
)ata
i Harvey also noted that, in his opinion,
"FEMA has done not only an
absolutely sloppy job to have created
i such a massive "Zone A" with so
r much of the county in effect left up in wH
the air in this undefined area, byt
1 also a public disservice."
Mayson said me county maps were ....
t also being revised to reflect informa- I . <
Uon provided by Bald Head Island. L
i- While the federal agency cannot I
r change the scale of Us insurance rate P
t maps, he said, the county could hire a ^
> cartographer to transpose data from
n one set of maps to another
i- In the meantime, he wrote, FEMA
o expects the county to " utilize your
e best judgement in the interpretation
of the zone requirements. Where the
d area is questionable, the more
l, restrictive interpretation should be
d applied."
e The sole basis for appeals of flood
elevation determinations, under
See??d plac
* FEMA regulations, is knowledge or weefcead ar
!e information that indicates the pro- ShaDotte. a
* posed elevations are scientifically or 235-pswid U,
technically incorrect. *** lawn
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Local CAMA permits cannot be issued for clearing
large tracts of land, but instead need state permits,
Carroll said. Ozaka said that after contacting the realty
company, they were "willing to stop and cooperate with
the investigation" and agreed to "begin correcting
what the problems are."
The road that provides access to the west end of the
beach is "the only private street on the island, that 1
know of," said Town Administrator Bob Buck. He added
that the territory bevond the state-maintained road
is within the town limits, but that the town has no claim
to the road.
"It is a private road beginning 100 feet west of the
right-of-way of Shell Drive," Buck said. "The town has
never accepted the road for maintenance nor does the
town draw any Powell Bill funds from it."
(Sec WEST END, Page 2-A >
i
ound Of Court
At one point in the trial, while stuhat
Holden Beach dying the ordinance and hearing
t to Mr. Ballcu under arguments from Assistant District
cal ordinance leads Attorney Wanda Bryant, Judge
the constitutionality Hooks remarked, "Anybody selling
is stated. But Judge anything at Ocean Isle but real estate
tad already ruled on is guilty of peddling."
ility of the ordinance. (See PEDDLING, Page 2-A)
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