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HomeMy WebLinkAboutKamel, Mohamedoceanisle B E A C H April 7,1017 Mohamed A Kamel and Wendy J Kamel 238 East First Street Ocean Isle Beach, NC 28469 RE: EXEMPTED PROJECT SAND FENCE -15A NCAC 07K .0212 OCEAN HAZARD AEC PROJECT LOCATIONIADDRESS-238 East First Street Dear Sir or Madam: Exemption No: Otr 4-2 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 April 7, 2017, 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 wd; the protection of the dunes) and vegetation (planted or existing). (2) Sand fencing shall not impede existing public access to the beach, recreational use of the beach orenw%wry vehicle access. Sand fencing shall not be installed in a manner that impedes or restricts established lbrfkoorl 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. R E C ' 7"IVED DCM WILMINGTON, NC APR 1 u 2017 TOWN OF OCEAN ISLE BEACH / 3 W. THIRD STREET / OCEAN ISLE BEACH, NC 28469 (910) 579-2166/ FAX (910) 579-8804/1MWW.OIBGOV.COM Ap01742017' Mo'fia bd A" Kamel! ,PAGE 2 This exemption to CAMA pefmif regmremehta does r ot.'allev ate the.necesaity.dfyour: obtairiing any; ot§ftajate fede�al:oftocal"authorization. This exempfion expires 90'days from the date of fhe letter.- Sirfcerely; Kei$ Dycus,1P0 Towq of Ocean;lsle Beach 3 West Third Street Ocean_-1sle 6each;14 , 28469 W. Sean Farrell, H;A � 1 WAT, acts SaiSd-FeiicingT. ermit and -.Exemption Guidelines Perm t:guidelines and.exemptiomcriteriwfor the-installa of sand fences along the oceanfront tookeffec_t:Aug..1: ZOO. ' When: properly installed,, sand fences Help build' trapping wind-blown "sand: But if, Installed improl canArnpede publidiaccess to the beaclii and.car endangersea tdrtle'. ,thek riests orFiatchlings. Under, the -new guidelines; property-owners.who follow certain"criteria=will be.eiigible for -an exemption from Coastal' Area' Management Act permit:requirements., If property owners want to,put up sand fences that differ from the erj#erfa; they.wiil-have to:apply, fora: CAMA m development permit The new rules donot apply to;fer Installed. prior -to Aug. T. What the,§uigelines say the guidelines create a CAMA minor ermlt;and an_exem tion for sand-fencin'.,To ualify for -the exemp6orf , P P, 9 q installation of. new fencing has to meet the following criteria: . The fencing must be no taller than 5 feet and,bult from evenlyespaced thin wooden vertical slatt9Nne s * with tw sted wire. . ,. ' - • The fencing• must be placed as far -landward as possible to avoid interference with sea turtle nesting; public access and use of the heath. It must not be placed on'lhe-wet=sand beach. • If fencing is to be placed parallei to the shoreline, it must not be located waterwardof the crest of thin frontal or primary dune. • If fencing is to be placed waterward_ofthe:crest of the dune, it must -be` -installed at a 45-degree orti eater angleto,the shoreline. Each, section of fence must not be longer tham10 feet, and sections must be spaced at least 7 feet apart. • Fencing must not extend.more than 10 feet beyond either the firstline of stable natural,,regetafioNthe toe of the frontal or primary dunei or the erosion escarpment of the dune; whichever is closest to the t V_' � • Sand fencing to be placed along public accesses may be as,long as the acces%.and may. Include q4 -degree funnel, on the waterward end. The funnel may extend:up to 10 feetbeyondthe end. of the access. Why the guidelines are, needed 1h.recent "years,, the amount of sand fencing along the coast has grown signMcantly as property owners sought to protect their -homes from storms and long-term beach erosion. As such, miles, of sand fencing— some of9tich is improperly installed or, neglected — now line the stai&s beaches. Because improper sand fencing can pose .a threat to sea turtles, -the state Wildlife Resources Commissiolthas developed voluntary sand fencing guidelines. Several beach communities had attempted to address the -issue, through sand fencing ordinances, but t.hascope of - the problem required state, attention. The CRCs: new regulatory guidelines were developed.in cooperation,WitFi the WRC'and .the U.S. Fish and Wildlife Service: