Ex-08-43_Smith, Steven_20080301

3/10/08
STEVE SMITH
132 HARBOR DR
NEWPORT NC 28570
TOWN OF EMERALD ISLE
Exemption Number — 08-43
RE: EXEMPTED PROJECT - SAND FENCE (15A NCAC 07K .0212)
OCEAN HAZARD AEC
PROJECT LOCATION/ADDRESS.-1009 OCEAN DR
Dear MR SMITH:
I have reviewed the information submitted to this office in your inquiry concerning
the necessary filing of an application for a minor development permit under the
Coastal Area Management Act. After making a site inspection on 3/6/08, 1 have
determined that the activity you propose is exempt from needing a minor
development permit as long as it is installed in accordance with your site drawing,
submitted on 3/6/08, and meets the conditions specified below. If you plans
should change and your project will no longer meet these conditions, please
contact me before proceeding.
SAND FENCE CONDITIONS:
(1) Sand fencing may only be installed for the purpose of: building sand
dunes by trapping wind blown sand; the protection of the dune(s) and
vegetation (planted or existing).
(1) Sand fencing shall not impede existing public access to the beach,
recreational use of the beach or emergency vehicle access.
(2) Sand fencing shall not be installed in a manner that impedes or restricts
established common law and statutory rights of public access and use of
public trust lands and waters.
(3) Sand fencing shall not be installed in a manner that impedes, traps or
otherwise endangers sea turtles, sea turtle nests or sea turtle
hatchlings.
(4) Non-functioning, damaged, or unsecured sand fence shall be
immediately removed by the property owner.

(5) Sand fencing shall be constructed from evenly spaced thin wooden
vertical slats connected with twisted wire, no more than 5 feet in height.
Wooden posts or stakes no larger than 2" X 4" or 3" diameter shall
support sand fencing.
(6) Location:
a) Sand fencing shall be placed as far landward as possible to avoid
interference with sea turtle nesting, existing public access,
recreational use of the beach, and emergency vehicle access.
b) Sand fencing shall not be placed on the wet sand beach area.
c) Sand fencing installed parallel to the shoreline shall be located no
farther waterward than the crest of the frontal or primary dune; or
d) Sand fencing installed waterward of the crest of the frontal or
primary dune shall be installed at an angle no less than 45
degree to the shoreline. Individual sections of sand fence shall
not exceed more than 10 feet in length and shall be spaced no
less than seven feet apart, and shall not extend more than 10 feet
waterward of the following locations, whichever is most
waterward: the first line of stable natural vegetation, the toe of
the frontal or primary dune, or erosion escarpment of frontal or
primary dune.
This exemption to CAMA permit requirements does not alleviate the necessity of
your obtaining any other State, Federal or Local authorization. This exemption
expires 90 days from the date of the letter.
JAMES TAYLOR, LPO
TOWN OF EMERALD ISLE/CARTERET
7500 EMERALD DR
EMERALD ISLE, NC 28594