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HomeMy WebLinkAboutPitcha, Kay P.' ocean isle, B tiA:C;H April3,2617 Exemption No: Qtr 41 Kay P Fiche 6965 Lorien Chater Ddve Randleman, NC 27317 RE: EXEMPTED PROJECT SAND FENCE -15A NCAC 07K .0212 OCEAN HAZARD AEC PROJECT LOCATIOWADDRESS —149 Ocean Isle West Blvd. Dear Sir or Madam: f 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 April 3, 2017, 1 have determined that the activity you propose is exempt from needing a minor development pemitt+as long as ft is installed in accordance with the attached specifications, and meets the conditions specified below. 9 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 far the purpose of. building sand dunes by trapping wind blown sand; the protection of the dune(s) and;vagetation (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 notbe.instalied 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.orsea 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 5feet 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 wefsand 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. 61FF OCEAN ISLE BEACH./ 3 W. THIRD'STREET/ OGEAN.ISLE BEACH, NC.28469_ (9iO) 579-2166 /FAX".(910) 579=8804/ WWW.QIBGOV.COM; f"' ,r .". Apri13, 2017 Kay. P Picha 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 SQ days from the date of the letter. Sincerely, Keith Dycus, LPO Tavm of Ocean Isle Beach 3 West Third Street Ocean .lste Beach, NC 28469 cc., Sean.Farrell Coastal Fast Facts :: Sand -Fencing- Permit and,Exemption Guidelines Permit guidelines and exemption criteria for the installatioi of sand fences along the oceanfront took effect Aug. 1, 2002. When. property installed, sand fences help build dunes by trapping; wind-blown sand: But if installed improperly, they can impede public access to the beach, and can'trap or endanger sea turtles, their nests or hatchlings. 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,applyfora CAMA.mino development permit The'new rules do not apply to fence: installed prior -to Aug. 1. — What the guidelines say The guidelinescreate, LAMA minorpermit 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 feet and built from_ evenly. spaced thin wooden vertical slats connected with twisted wire: p - • The fencing must be placed as far landward asposMble to aGoid'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-de9ree 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'fencinglto be placed along publicaccessesmay be as long as the access, and may include a 45-degree funnel orn;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.properly, owners sought to protect their homes -from storms arid long-temr beach, erosion. As such, miles of sand'fencing - some of which is improperly installed or neglected - now fine 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 CRCs new regulatory guidelines were developed in cooperation with the WRC and the U.S. Fish and Wildlife Service. m SAND FENCI iG GItAI.WCS K•. g4� FaD. A.¢, a a. S. •.�+ -'9.i z',': d ai UOI1'CI141i=ulvf; -