Benfield, Mark

April 18, 2017
Mark & Debra Benfield
109 River Hills Way
Morganton, NC 28655
oceanisle
B E A C H
Exemption Number — Qtr. 4-5
RE: EXEMPTED PROJECT - SAND FENCE (15A NCAC 07K .0212)
OCEAN HAZARD AEC
PROJECT LOCATION/ADDRESS — 442 East Second Street
Dear Property Owner:
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 18, 2017,
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 conditions
specified below. If you 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).
(1) Sand fencing shall not impede existing public access to the beach,
recreational use of the beach or emergency vehicle access.
(2) 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 ip:ieight- I V ED
DCM vd _ ,NGTON, NC
APR 1 R 2017
TOWN OF OCEAN ISLE BEACH / 3 W. THIRD STREET/ OCEAN ISLE BEACH, NC 28469
[phone]/ FAX [phone]/ WWW.OISGOV.COM

Wooden posts or stakes no larger than 2!' X 4" or 3" diameter shall
support sand fencing.
(6) Location:
a) sandfenc'ing 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.
b) Sand fencing shall not be placed on the wet sand'beach area.
c) Sand fencing installed parallel to the shoreline shall be, IOCated no
farther waterwardahan the crest of the frontal or primary dune; or
d) Sand fencing' installed waterward of the crest of the frontal: or
primary dune shall be installed at an angle no loess than-45
degree to the shoreline. Individual sections of sand fence shall
not exceed morethan 1.0 feet in lengthandd shall be spaced no
less than seven feet apart; and shall not: extend more. than' l 0 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.
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,
Keith Dycus, LPO
Town of Ocean Isle Beach
3 West Third Street
Ocean Isle Beach; NC 28469
Cc: Sean Ferrell, DCM Field Rep.

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,
POOH
When properly installed, sand fences help build
trapping wind-blown sand. But if installed improp
can impede public access to the beach, and can
endanger sea turtles, their nests or hatchlings_
Under the new guidelines, property owners who
certain criteria will be eligible for an exemption f
Coastal Area Management Act permit requireme
property owners want to put up sand fences Thai
from the criteria, they will have to apply for a CP
development permit. The new rules do not apply
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-de ree
funnel on the waterward end. The funnel may extend up to 10 feet beyond the end of the access, E I V D
Why the guidelines are needed :LMINGTON, N'
PP
In recent years, the amount of sand fencing along the coast has grown significantly as property oWtiers s t7tb17
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.