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HomeMy WebLinkAboutTBEX_13-10_ McDonaldPat McCrory Governor Mr. Ray McDonald 615 West Main Street Mount Olive, NC 28365 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Braxton C. Davis Director June 26, 2013 Exemption Number — TBEX 13-10 RE: EXEMPTED PROJECT (MINOR) EXEMPTION SAND FENCING (15A NCAC 7K .0212) — Exemption# TB EX13-10 1025 Ocean Blvd., Topsail Beach, NC AREA OF ENVIRONMENTAL CONCERN — Ocean Hazard AEC Dear Mr. McDonald: John E. Skvarla, III Secretary 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. Based on the information provided, I have determined that the activity you propose is exempt from needing a minor development permit as long as it remains consistent with your information received by DCM on June 26, 2013, and meets the conditions specified below. If your 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). (2) Sand fencing shall not impede existing public access to the beach, recreational use of the beach or emergency vehicle access. 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. 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. (a) Sand fencing shall not be placed on the wet sand beach area. (b) Sand fencing installed parallel to the shoreline shall be located no farther waterward than the crest of the frontal or primary dune; or 127 Cardinal Drive Ext.. Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nccoastalmanagement.net Ray McDonald Page Two June 26, 2013 (c) 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. Please note this exemption does not allow for the installation of 4" x 4" post with ropes attached, on the beach, seaward of the proposed sand fencing. Any deterrent (i.e. placard, sign, etc.) used to prevent traffic onfinto the dune system shall be adhered to the post supporting the sand fencing. This exemption 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. Sincerely, ,LPO DCM WIRO Town of Topsail Beach Town Hall 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-7215 \ FAX: 910-395-3964 Internet: www.nccoastalmanagement.net Simpson, Shaun From: Norma Carole McDonald [ncmcdonald@gmail.com] Sent: Wednesday, June 26, 2013 11:20 AM To: Simpson, Shaun Subject: Re: Sand Fence Information Shaun, my address is as follows. Home address: Ray McDonald 615 West Main Street Mount Olive, NC 28365 Beach Address: Phone: 919-658-2958 Wife's Cell: 910-738-0500 Wife's: Name: Norma Carole Ray McDonald Beach Phone: 910-620-5040 1025 Ocean Blvd. Cell Phone: 919-738-3939 Topsail Beach, NC 28445 E-mail: ncmcdonald@gmail.com Let me know if you need more information Ray McDonald On Wed, Jun 26, 2013 at 9:55 AM, Simpson, Shaun <shaun.simpson@ncdenr.gov> wrote: Mr. McDonald, I don't know of anyone in particular, and we are not allowed to make personal recommendations. I suggested that your wife find someone that has experience with installing sand fencing after she mentioned that your yard man would probably do the job. I do know that North Topsail Beach had a lot of folks installing sand fence this spring. Perhaps you could ask someone at NTB Town Hall for a list of experienced contractors. Jason is happy to write a Letter of Exemption to you. Please reply with your home mailing address and the address of the house in Topsail Beach, along with your phone number. Once we have this information on file, we can email the letter to you. Again, happy to help, Shaun Shaun Simpson Environmental Technician NC Dept of Environment & Natural Resources NC Division of Coastal Management 127 Cardinal Drive Ext. Wilmington, NC 28405 Phone: (910)796-7226, Fax: (910)395-3964 Shoun.Simpson@ncdenr.gov E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. `„, Be Green - Don't print this e-mail unless required. From: Norma Carole McDonald [mailto:ncmcdonald@gmail.com] Sent: Tuesday, June 25, 2013 11:18 PM To: Simpson, Shaun Subject: Re: Sand Fence Information Tell Mr. Dail that I appreciate the suggestions that you and he made. I'm sure it will help alot. Shaun my wife said you mention that you knew of a person that put up Sand Fencing. If you don't mind could you E-mail me a phone number or address of the person Please send me a permit if I need one for the Sand Fence and Sea Grass.. Thanks for all your and Jason help. Ray McDonald