School of Law The University of North Carolina - Chapel Hill The Shape of the Coast 2009 October 23, 2009 Coastal Water Issues Riverfront Convention Center New Bern, North Carolina the Future Fourth Annual Program Highlights Include: • 5. 5 hours of CLE credit • Understanding the hydrology of coastal North Carolina • Future regulation of water use • CRC developments and update • Coastal insurance issues • A look at the future of water-based wind energy Register Online! Co-sponsored by the North Carolina Coastal Resources Law, Planning and Policy Center and the North Carolina Sea Grant Program About the Program The Shape of the Coast 2009 This year’s program continues the tradition of providing an update of the CRC's activities over the past year and looking at the issues the CRC anticipates it will be addressing in the upcoming year as well as a discussion of three other major topics of interest to coastal lawyers, planners, officials and citizens. In coastal North Carolina water is everywhere. Nonetheless, with the continued growth along its barrier islands and its vast inner coast, there are concerns about water allocation in the future. The hydrology of coastal North Carolina will be explained, potential future water conflicts identified, and the current proposal to develop a regulatory system for water allocation examined. The second major topic, of particular concern to coastal residents, is the availability and cost of coastal storm and hazard insurance. A diverse panel of experts will discuss the "Beach Plan," the impact of the coastal insurance legislation passed by the North Carolina General Assembly in its most recent session, and other coastal insurance issues. The third major topic is the feasibility of the placing of water-based wind energy facilities in either the state's estuarine waters or in the ocean waters off the North Carolina coast. In this session two members of the UNC Wind Study group will discuss the legal framework, scientific issues and practical limitations. NC Coastal Center Co-Directors Joseph J. Kalo Graham Kenan Professor of Law, UNC School of Law, Chapel Hill Lisa C. Schiavinato Coastal Law, Policy and Community Development Specialist, North Carolina Sea Grant, Raleigh Online Registration Simply go to our Web site at www.law.unc.edu/cle, click on the online registration link and have your credit card ready. To register, just enter all the details and submit the registration request for processing. No printing, no mailing, no postage! Immediate confirmation. What could be easier? Registering for a CLE program has never been faster or more convenient. About the Center The North Carolina Coastal Resources Law, Planning and Policy Center is an inter-institutional entity in which the North Carolina School of Law, the North Carolina Sea Grant Program and the University of North Carolina Department of City and Regional Planning are partners. The Center’s mission is to assist the people of North Carolina in addressing the pressing coastal and ocean resource and development issues confronting the state. It is a research, advisory and educational entity providing research support to state agencies, state advisory group and panels, local governments and community organizations in their efforts to address coastal and ocean resource and development issues and promote the sustainable use of coastal lands, waters and natural resources. The Center also engages in the study of long-term coastal use and development trends and issues and communicates the results of this effort through the semi-annual publication of Legal Tides, a newsletter currently being sent to 1300 state agency and local government personnel, community organizations, and interested individuals, white papers available on is website and scholarly publications. Through conferences and other programs, the Center engages in continuing outreach to coastal professionals, community organizations and others with an interest in coastal and ocean resource issues. About NC Sea Grant N . orth Carolina Sea Grant began in 1970. Today, this university-based program is part of a network of 30 Sea Grant programs that wrap the shores of the Atlantic, Pacific, Gulf of Mexico and Great Lakes. North Carolina Sea Grant has focused intellectual resources of North Carolina’s major universities on coastal economic development, coastal ecosystem health and human resources to address coastal issues. With its emphasis on solid, peer-reviewed scientific research coupled with outreach, Sea Grant has gained a reputation as a reliable source for valid solutions and timely information about our coast. NC Sea Grant provides a holistic approach to a wide range of topics that have direct impacts not only along the North Carolina coast, but also across the state and the country. Agenda Friday, October 23 8:30 a.m. Registration 12:15 p.m. 9:00 a.m. Understanding the Hydrology of Coastal North Carolina 1:15 p.m. Dr. Richard K. Spruill, Associate Professor, Department of Geological Sciences, East Carolina University The Coastal Plain Province of North Carolina is a hydrogeologist's paradise. The complex aquifer systems which underlie the region are utilized extensively by municipalities, industries, agriculture and individuals: hydrogeologic problems abound. An understanding of present and future water allocation and use issues requires an understanding of the hydrology of the coast. 10:00 a.m. Break 10:15 a.m. Coastal Water Allocation Issues Amy E. Pickle, Senior Attorney for State Policy, Nicholas Institute for Environmental Policy Solutions, Duke University Water is essential for all sectors of North Carolina's economy. However, North Carolina's historically ample water supply has made it difficult to see the importance of proactive measures to guard against future shortages. Conflict over water supply will likely increase in the next decades as water supplies are taxed by additional demand and climate change impacts. This presentation will look at the current proposal to develop a regulatory system for water allocation with particular emphasis on the coast's current approach to water supply, emerging coastal conflicts, and how the proposed legislation may impact the coast. 11:15 p.m. What's Been Happening Before the CRC: An Annual Update Robert R. Emory, Jr., Chairman, Coastal Resources Commission This session will be a discussion of the Commission's recent and ongoing work. The presenter will also address coastal resource topics that the Commission is beginning to consider. Lunch Coastal Insurance: A Panel Discussion Jennifer Cohen, Executive Director, Insurance Federation of North Carolina Donald T. Hornstein, Aubrey L. Brooks Professor of Law, UNC School of Law Tyler Newman, Director of Governmental Affairs, Business Alliance for a Sound Economy Rose Vaughn Williams, Legislative Counsel, NC Department of Insurance A diverse panel will discuss recent actions regarding coastal insurance, especially the legislature’s passage of HB 1305, reforming wind insurance under the so-called “Beach Plan.” It will discuss not only what the legislature did -- and didn’t do – to this program, but also the ancillary court battles and political controversy that led the General Assembly to give this issue its attention. It will discuss issues regarding wind insurance – and possibly other types of coastal insurance – that continue despite the passage of HB 1305. 2:45 p.m. Break 3:00 p.m. Water-Based Wind Energy: New Legislation and the Result of the UNC Wind Study Dr. Charles H. Peterson, Distinguished Professor, UNC Institute of Marine Sciences Joseph J. Kalo, Graham Kenan Professor of Law, UNC School of Law This session will provide an overview of water-based wind energy. It will include the results of the UNC Wind Study. At the request of the North Carolina General Assembly the University of North Carolina at Chapel Hill conducted a 9-month study to assess the feasibility of installing wind turbines in the sounds and off the coast of North Carolina. The request specified that the assessment include an analysis of the spatial distributions of available wind power, ecological risks and synergies, use conflicts affecting site selection, foundation systems and their compatibility with sound and ocean bottom geology and associated geologic dynamics, electric transmission infrastructure, utility statutory and regulatory barriers, the legal context, carbon reduction potential and economics. 4:00 p.m. Adjourn Program Speakers Charles H. Peterson Jennifer M. Cohen Alumni Distinguished Professor, UNC Marine Sciences Program. A.B., 1968, Princeton University; Ph.D., 1972, University of California, Santa Barbara. Executive Director, Insurance Federation of North Carolina. B.A. 1986, UCLA; J.D. 1992, Loyola Law School. Amy E. Pickle Robert R. Emory, Jr. Senior Attorney for State Policy, Nicholas Institute for Environmental Policy Solutions, Duke University. B.S. 1994, University of Florida; J.D. 2000, UNC School of Law. Environmental Affairs Manager, Weyerhaeuser. B.A., 1972, Virginia Tech. Donald T. Hornstein Aubrey L. Brooks Professor of Law, UNC School of Law. B.A., 1972, University of California, Los Angeles; J.D., 1981, University of Oregon. Joseph J. Kalo Graham Kenan Professor of Law , UNC School of Law. B.A., 1966, Michigan State; J.D., 1968, University of Michigan. Dr. Richard K. Spruill Associate Professor, Department of Geological Sciences, East Carolina University. B.S., 1973; M.S., 1976, East Carolina University; Ph.D., 1980, UNC Chapel Hill. Rose Vaughn Williams Legislative Counsel, North Carolina Department of Insurance, Raleigh. B.S., 1986, UNC Chapel Hill ; J.D. 1989, UNC School of Law. Tyler Newman Governmental Affairs Director, Business Alliance for a Sound Economy. B.A., 2000, UNC Chapel Hill. Planning Board Merrie Jo Alcoke Attorney-At-Law; DRC Certified Mediator, Superior Court, New Bern David J. Brower Research Professor, UNC Department of City and Regional Planning, Chapel Hill Derb S. Carter, Jr. Director, Carolinas Office, Southern Environmental Law Center, Chapel Hill Walter F. Clark Executive Director, Blue Ridge Rural Land Trust, Boone Paul J. Delamar III Delamar & Delamar, PLLC, Bayboro J. Webb Fuller Nags Head Donna Girardot Executive Officer, Wilmington Cape Fear Home Builders Association, Wilmington Camilla M. Herlevich Founder and Executive Director, North Carolina Coastal Land Trust, Wilmington J. Allen Jernigan Special Deputy Attorney General, Environmental Division, NC Department of Justice, Raleigh Dr. Lorry King Director, Coastal Resources Management Program, East Carolina University, Greenville Field Site, UNC Institute for the Environment, Chapel Hill Justin McCorcle Assistant District Counsel, US Army Corp of Engineers, Wilmington Norma Houston Mills Lecturer in Public Law and Government, UNC School of Government, Chapel Hill William A. Raney, Jr. Wessell & Raney, LLP, Wilmington Todd Roessler Kilpatrick Stockton LLP, Raleigh Greg L. “Rudi” Rudolph Shore Protection Manager, Carteret County Shore Lee Lewis Leidy Protection Office, Emerald Isle NE Regional Director, North Carolina Coastal Land Trust, Edenton; Adjunct Assistant Professor, Albemarle Ecological Neil B. Whitford Kirkman, Whitford Brady & Berryman PA, Morehead City Registration Please register me for The Shape of the Coast 2009 Please print the following information: Register Online! Remember, online registration is available at www.law.unc.edu/cle. No printing, no mailing, no postage! Immediate confirmation. What could be easier? Registration Information Mr. Ms. Mrs. Dr. Name: Firm/Company: Address: City, State: Zip: Daytime Phone: Fax: E-mail address: Name as you would like it to appear on nametag: I am a graduate of the UNC School of Law. I am not a graduate of the UNC School of Law. I would like to receive CLE credit in North Carolina. I would like to receive CLE Credit in the state of: My N.C. Bar number is: My Bar Number* is: *Attendance is reported to the state you request, however, out-of-state fees are the responsibility of the attendee. Payment Information Program Fee: $150.00 (w/ CLE credit); $125.00 (Academic/Gov Discount); $100 (General Public); $25 (Student)** To Pay by Check: Please send your registration form and a check for $150.00 made payable to “School of Law – CLE” (please, no staples) to: UNC School of Law – Office of CLE, CB #3380, Chapel Hill, NC 27599-3380, Attn: Enviro Registration. To Pay by Credit Card: Please provide us with the following information: MasterCard Number : VISA Exp. Date: Signature: You May Register Online Now register online at www.law.unc.edu/cle By Mail Return the registration form to: Office of CLE UNC School of Law CB # 3380 Chapel Hill, NC 27599-3380 ATTN: Enviro Registration By Fax With a credit card number (919) 843-7779 VISA and MasterCard only General Information Online Registration Online registration is now available for all Carolina Law CLE programs. Simply go to our Web site at www.law. unc.edu/cle, click on the online registration link and have your credit card ready! To register for a program, just enter all the details yourself and submit the registration request for processing. No printing, no mailing, no postage! Immediate confirmation. What could be easier! Registering for your favorite CLE programs has never been faster or more convenient. To Register Registration Fee: $150 (w/ CLE credit); General public: $100; Students: $25 (Non-Carolina Law Student)** Special Academic/Government Dicount: $125* To register for The Shape of the Coast 2009 please detach the registration form and return it to the School of Law with a check made payable to “UNC School of Law – CLE Office.” Please register before October 15 to ensure receipt of your confirmation letter and related materials. No confirmation materials will be mailed out after October 16. The registration fee includes all text materials and lunch. On-site registration will be permitted subject to space availability. *Full-time Government employee. Cancellations/Refunds Cancellations received at least two weeks prior to the first day of the conference will be honored and fees refunded, less a $50 processing fee. Cancellations made after this date may be subject to additional fees or no refund at all. In fairness to all attendees, confirmed participants who do not attend their scheduled program are liable for the entire fee unless other arrangements have been made with director of continuing legal education at (919) 962-1679. CLE Credit Credit Hours: 5.5 Continuing legal education credit will be reported to the North Carolina State Bar Board of Continuing Legal Education by the UNC School of Law. Please indicate on your registration form if you desire CLE credit for this program. Location New Bern Riverfront Convention Center The Shape of the Coast 2009 will be held at the New Bern Riverfront Convention Center, located at 203 South Front Street in New Bern, North Carolina. A map and parking information will accompany registration confirmation. Messages for program attendees may be left at (252) 637-1551. For more information about CLE programs, contact Carolina Law: By Fax: (919) 843-7779 Open 24 hours a day! Online: www.law.unc.edu/cle THE UNIVERSITY CAMPUS BOX 3380 of NORTH at CHAPEL CAROLINA VAN HECKE-WETTACH HALL HILL CHAPEL HILL, NC 27599-3380 By Phone: Call the Office of CLE at (919) 962-1679 9:00 a.m. - 5:00 p.m., Monday - Friday Non-profit Organization U.S. Postage PAID Permit No. 177 Chapel Hill, NC