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HomeMy WebLinkAboutNTBEX_13-70_ Schiffman (2)Pat McCrory Governor Lane and Becky Schiffman 1103 Country Club Drive Greensboro, NC 27408 NCDENR North Carolina Department of Environment and Division of Coastal Management Braxton C. Davis Director July 31, 2013 Exemption Number — NTBEX13-70 RE: EXEMPTED PROJECT (MINOR) EXEMPTION SAND FENCING (15A NCAC 7K .0212) — Exemption# NTBEX13-70 1450 through 1446 New River Inlet Road, North Topsail Beach, NC AREA OF ENVIRONMENTAL CONCERN — Ocean Hazard AEC Dear Mr. Schiffman: Natural Resources 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 request received by0CM on July 30, 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 Lane Schiffman Page Two July 30, 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 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. Si erely, ason Dail, LPO cc: DCM WIRO Terrie Woodle, Town of North Topsail Beach .0 1 1 ORIN O. O'QUINI N.C. Lic. renerai Contractot 1451 ('1: Folks-tDne Road TEADS FrMRI -ORTH CAW)L1NA 28460 (910) 327-21- Fax (910) s27-ICV6 6 33v 3310 i W o j yq (o _ t J� k 2S o L P1 �l E C3 C-k7 j N 1 Fi=mm 11C�3 CUNrtrz,l cz�3 OZ-, Gc-e,on5 bara , N C. Z7-+ua -32-0 - 130