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HomeMy WebLinkAboutNTBEX_13-18_ PatelPat McCrory Governor Ptutti Patel 92 Reservoir Street Shrewsbury, MA 01545 UF A7*A A_,�niN WDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Braxton C. Davis Director March 6, 2013 Exemption Number — NTBEX13-18 RE: EXEMPTED PROJECT (MINOR) EXEMPTION SAND FENCING (15A NCAC 7K .0212) — Exemption# NTBEX13-18 1056 New River Inlet Road, North Topsail Beach, NC AREA OF ENVIRONMENTAL CONCERN — Ocean Hazard AEC Dear Ms. Patel: 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 site drawing dated received by DCM on 3/5/2013, 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 (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. 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nccoastalmanagement.net Ms. Patel Page Two 3l6/2013 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 on/into 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, YasknDail, LP 'Cc: DCM — WIRO Terrie Woodle, Town of North Topsail Beach