OIB_3-11_ Mersbach

oceanisle
B E A C H
March 22, 2019
Frederick J Mersbach
8 Regal Court
Columbia, SC 29212
RE: EXEMPTED PROJECT SAND FENCE -15A NCAC 07K .0212
OCEAN HAZARD AEC
PROJECT LOCATIONIADDRESS - 338 East First Street
Dear Sir or Madam:
Exemption No: Otr 3.11
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
March 22, 2019, 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 the attached specifications, 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 stIpport 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 primar dune, or
erosion escarpment of frontal or primary dune. • "� 1X: , :'
MAR 2 5 2019
TOWN OF OCEAN ISLE BEACH / 3 W. THIRD STREET/ OCEAN ISLE ��AS��E�AiCM1 g� C-28Aft
t910) 579-2166 / FAX [phone] /WAt�YI,OIBGO�!`C.'S9f' ' IN 1 C1N

March 22, 2019
Frederick J Mersbach
PAGE 2
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
Sincerely,/(1
40j-
Keith Dycus, LPO
Town of Ocean Isle Beach
3 West Third Street
Ocean Isle Beach, NC 28469
cc: Tyler Mcguire
RECEIVED
MAR 2 5 2019
DCM WILMINGTON, NC

Division of
Coastal Management
Fast Facts :: Sand -Fencing Permit and Exemption Guidelines
Permit guidelines and exemption criteria for the
of sand fences along the oceanfront took effect,
2002.
When properly installed, sand fences help build
trapping wind-blown sand. But if installed impror
can impede public access to the beach, and car
endanger sea turtles, their nests or hatchings.
Under the new guidelines, property owners who
certain criteria will be eligible for an exemption 1
Coastal Area Management Act permit requireme
property owners want to put up sand fences tha
from the criteria, they will have to apply for a Ci
development permit. The new rules do not appll
installed prior to Aug. 1.
What the guidelines say
The guidelines create a CAMA minor permit and an exemption for sand fencing. To qualify for the exemption,
installation of new sand fencing has to meet the following criteria:
• The fencing must be no taller than 5 feet and built from evenly spaced thin wooden vertical slats connected
with twisted wire.
• The fencing must be placed as far landward as possible to avoid interference with sea turtle nesting, public
access and use of the beach. It must not be placed on the wet -sand beach.
• If fencing is to be placed parallel to the shoreline, it must not be located waterward of the crest of the frontal or
primary dune.
• If fencing is to be placed waterward of the crest of the dune, it must be installed at a 45-degree or greater
angle to the shoreline. Each section of fence must not be longer than 10 feet, and sections must be spaced at
least 7 feet apart.
• Fencing must not extend more than 10 feet beyond either the first line of stable natural vegetation, the toe of
the frontal or primary dune, or the erosion escarpment of the dune, whichever is closest to the water.
• Sand fencing to be placed along public accesses may be as long as the access, and may include a 45-degree
funnel on the waterward end. The funnel may extend up to 10 feet beyond the end of the access.
Why the guidelines are needed
In recent years, the amount of sand fencing along the coast has grown significantly as property owners sought to
protect their homes from storms and long-term beach erosion. As such, miles of sand fencing — some of which is
improperly installed or neglected — now line the state's beaches.
Because improper sand fencing can pose a threat to sea turtles, the state Wildlife Rgsources Commission has
developed voluntary sand fencing guidelines. PF( FIVEi
Several beach communities had attempted to address the issue through sand fencing ordinances, but the scope of
the problem required state attention. The CRC's new regulatory guidelines were developed in cooperation with the
WRC and the U.S. Fish and Wildlife Service.

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