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Home My WebLink AboutBurns/Jones®CEAl 'LISLE BEAM May 26, 2011 Molly J Burns and Catherine S Jones 112 Brantley Circle High Point, NC 27262 RE: EXEMPTED PROJECT SAND FENCE -15A NCAC 07K .0212 OCEAN HAZARD AEC PROJECT LOCATION/ADDRESS - 370 East First Street Dear Sir or Madam: Exemption No: Qtr. 4-25 RECEIVED DCM WILMINGTON, NC JUN 0 7 ilJil 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 May 26, 2011, 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 May 26, 2011, 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. TOWN OF OCEAN ISLE BEACH / THREE WEST THIRD STREET / OCEAN ISLE BEACH. NC 28469 (910) 579-2166 / FAX (910) 579-8804 / WWW.OIBGOV.COM May 26,2011 Burns/Jones 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, '5290tj v Justin Whiteside, LPO Town of Ocean Isle Beach 3 West Third Street Ocean Isle Beach, NC 28469 cc: Debbie Wilson I'agc 1 of 1 p�sid� IFen�ing permit and Sand^ criteria for the 9uideli San d e es 'along tion the pGeaniront tooK OENR Homa _ ' /rC9ov.�' n " - " lion (;uidalin�s r r�'t,ation of uiid dunes by ` ;tom 1, 2002' ces help b pert they j9 PioParlYbiowntsanda6 ihend nbeachaa apro y• cantraP or 00 9T wtn Pubilc acctog ess to hatchling gPPlr Pedsaa ladies, them nests or Hers who follow' r Ga flange ow m eir new 9uidehne9, Pe roe an exemPUirements. if l�Ae;� �eitena" r1be a ent P� vecmitr0eges that diffeninor nagem sana for a caMA Geri 5ta1 Pre Hers want torit awe to apply do not aPp1Y to cences Coa eRY °w ria that N new rules (pP the cote it. t erm 00 �e;op 10 Pto Aug 1. lr`sta d e lturaecc^�� w armit and an exemption for sand fencing. t th AMA rrr'ncc P et the following criteria'. To qualify for the exemption, ViY.a C ardor) i create d fencing Has to me o taller than 5 feet and built from evenly spaced thin wooden vertical slats connected w san V,t paUon °t ne be n n Tno rcncm8 nrue 9, Public with twisted w as far dward as possible to avoid interference with sea turtle Westin The lent+ng musI be Plbeaah. 1t must not be placed on the wet -sand beach. access and use the shoreline, it must not be located waterward of the crest of the frontal or if fencing is 10 be Placed Parallel to it must he installed at a 45-degree or greater dune, primary and of the crest of the dune, be placed wateoffence must not be longer than 10 feet, and sections must be spaced at fencito line. Each Section tangle to to the shore natural least 7 feat apart ,,e than10 feet beyond either the first line h f stableveres closest to vegetation. tthe watehe toe of Panting must notary dune, of the erosion escarpment of the dune, the frontal or P be as long as the access, and may include a 45-degree . wbe e/placed along funnel may may a extend up to 10 feet beyond the end of the access. Sand fencing and end. tunnel on the guidelines are needed grown significantly as property owners sought to any the 9 fencing along the coast has g g. the amount of saand long-term beach erosion. As such, miles of sand fencing -some of which is ent ears, storms w line the slate s beaches. to(olact their homes from PmFroPady installed or neglected - no and fencing can pose a threat to sea turtles, the slate Wildlife Resources Commission has Because i ptopel so�unkarl sand fencing guidel'mes. unities had attempted to address s regulatory guideje lines were developed an cooperation with the $e�aral beach creired state attention. The ce the Pr and the U S. Fish and Wildlife Service obte I req . I acr Mnr ifierl .lanuanr 714 20 v feet ti t� First Line ---- ble Natura/ Shoreline Paral _—i Shoreli Id. a ,llel Fence I IR1Fenr OIZ Laa ward of Crest Not OK Seaward ..'Ye I 4$0Mi111mum Fast Facts - Sand -Fencing Permit and Exemption Guidelines , . Page 1.011 DCMHom• I Aboul DCM I Cbnmcl DCM I CAMACWnlies I SeamhdDM Fast Facts :: Sand -Fencing Permit and E Permit guidelines and exemption criteria for the installation of sand fences along the oceanfront took e Aug: 1, 2002. When properly Installed, sand fences help build dunes b trapping wind-blown sand. But If installed improperly, IN can impede public access to the beach, and can trap or endanger sea turtles, their nests or halchlings. Under the new guidelines, property owners who follow certain criteria will be eligible for an exemption from Coastal Area Management Act permit requirements. If property owners want to put up sand fences that differ from the criteria, they will have to apply for a CAMA mi development permit. The new rules do not apply to fen Installed prior to Aug. 1. What the guidelines say DENR Nome , j ncgov.bom I The guidelines create a CAMA minor permit and an exemption for sand f6fidlig. To quallfy'for'the exLH ipUbn; 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 eilherthe first line of stable natural vegetation, the toe of the frontalor 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 Resources Commission has developed voluntary sand fencing guidelines. 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. Last Modified: January 29, 2003 t SAND FENCING GRAPHICS FIRST LINE OF STABLE NATURAL -VtOETATION, TOE OF DUNE, OR ESCARPMENT, WHICHEVER IS FARTHEST WATERWARD feet fog, gIII�� f _.._.._.. ....... _.._ M ool oalw. lan SO A 41098 POI N —lig W I. OCEAN MaMmum Height of Fence = 5 fee a7mlmum.She_of Su o oste.=.27XC'.of..3" diameter. .