Cheek/Cheek

June 15, 2011
Lawrence H Cheek and
Cheryle G Cheek
Post Office Box 6838
Ocean Isle Beach, NC 28469
RE: EXEMPTED PROJECT SAND FENCE -15A NCAC 07K .0212
OCEAN HAZARD AEC
PROJECT LOCATIOWADDRESS -354 East First Street
Dear Sir or Madam:
Exemption No: Qtr. 4.30
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
June 15, 2011, 1 have determined that the activity you propose is exempt from needing a minor development permit as
long as R is installed in accordance with your site drawing, submitted on June 15, 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 hatchings.
(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 i dune, o`r�
erosion escarpment of frontal or primary dune. act. E' V C D
JUN 2 12011
TOWN OF OCEAN ISLE BEACH / THREE WEST THIRD STREET / OCEAN ISLE BEAC&_ TM CARGTOA 28469
[phone] / Fax [phone] / www.oibgov.com N, NC

June 15, 2011
Cheek
PAGE
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,
wcAz4el
Justin Whiteside, LPO
Town of Ocean Isle Beach
3 West Third Street
Ocean Isle Beach, NC 28469
cc: Debbie Wilson

rr
SAND FENCING RULES
15A NCAC 07H .0311 INSTALLATION AND MAINTENANCE OF SAND FENCING
(a) 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).
(b) 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.
(c) Sand fencing shall not be installed in a manner that impedes, traps or otherwise endangers sea
turtles, sea turtle nests or sea turtle hatchlings. CAMA permit applications for sand fencing shall be
subject to review by the Wildlife Resources Commission and the U.S. Fish and Wildlife Service in
order to determine whether or not the proposed design or installation will have an adverse impact on
sea turtles or other threatened or endangered species.
(d) Non-functioning,. damaged, or unsecured sand fencing shall be immediately removed by the
property owner.
(e) Sand fencing shall not be placed on the wet sand beach area.
History Note: Authority G.S. 113A-107, 113A-113(b)(6) Eff. August 1, 2002.
15A NCAC 07K .0212 INSTALLATION AND MAINTENANCE OF SAND FENCING
Sand fences that are installed and maintained subject to the following criteria are exempt from the
permit requirements of the Coastal Area Management Act:
(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 fencing 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. 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.
(i) Sand fencing shall not be placed on the wet sand beach area.
(ii) Sand fencing installed parallel to the shoreline shall be located no farther waterward than the crest
of the frontal or primary dune; or
(iii) Sand fencing installed waterward of the crest of the frontal or primary dune shall be installed at an
angle no less than 45 degrees to the shoreline. Individual sections of sand fence shall not exceed more
than 10 feet in length (except for public accessways) 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, as defined in 15A NCAC 7H .0305: the first line of stable natural vegetation, the toe of the
frontal or primary dune, or erosion escarpment of frontal or primary dune; and
(iv) Sand fencing along public accessways may equal the length of the accessway, and may include a
45 degree funnel on the waterward end. The waterward location of the funnel shall not exceed 10 feet
of the locations identified in Item (6) (c) of this Rule.
History Note: Authority G.S. 113A-103(5)c.;Eff. August 1, 2002.

SAND FENCING GRAPHICS
FIRST LINE OF STABLE NATURAL VEGETATION,
TOE OF DUNE, OR ESCARPMENT,
WHICHEVER IS FARTHEST WATERWARD
150
Not>10 feet
m`�ii9ziIfl3tl��E� s109rucM of taawnwNu+.,1e1' "' M v .»vs
ranee = a 10e11
= Z' K V or 3" diameter
Toe of Dune
First Line of Stable Natural Vegetation
Shoreline Parallel Fence
ioreline Parallel Fence Not OK S'eaward of Crest; We
K Landward of Crest A5° Minimum Angle No