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HomeMy WebLinkAboutWilliam McKinnell III ETUSMilli oceanisle B E A C H April 20, 2017 William McKinnell III ETUS Phyllis M McKinnell 16056 Stonemont Road Huntersville, NC 28078 RE: EXEMPTED PROJECT SAND FENCE - 15A NCAC 07K .0212 OCEAN HAZARD AEC PROJECT LOCATIONIADDRESS -131 West First Street Dear Sir or Madam: Exemption No: Otr 4.6 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 20, 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 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 loss 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 st waterward: the first line of stable natural vegetation, the toe of the frontal or primary 6W. • E I V E D erosion escarpment of frontal or primary dune. DCM WILMINGTON, NC APR 2 1 1017 TOWN OF OCEAN ISLE BEACH / 3 W. THIRD STREET / OCEAN ISLE BEACH, NC 28469 (910) 579-2166 / FAX (910) 579-8804 / WWW.,OIBGOV.COM D \j Aprif 20, 2077' "III am:MaKirinell III' PAGE Z ' ' .._ This:exemp600 to CAMA:pemiit:requiremeMs doesnof'alleviate the necessdy;of your -obtaining any other -State,, F.ederal.or Local aiitlionzation This exemption expires 90,days from Ilia dateofft a letter. Sihcerely, :Keith,Dycus,:LPQ Town_of Ocean°Isle; Beach 3 West Third Street _ _ _, Ccean'lsle Beach, NC 28469 cc: Seanfarrell [I Manag Fast Facts Sand-Fertcitg Permit and Exemption Guidelines - 3 Permit,guidelines and exemption criteria for -the installal of sand fences along the oceanfront took effectAug. 1, 2002: s"and::But sea turtles: their nests or Under;the,newguidelines,•property,ownerswho' follow certain cnteria=dgil-be:erigible for an exemption from, Coastal;Area;Management'Act permit requirements. if ;property, owners want to,pupup sand fences.that.differ x from the criteria, they will';nave;tgapply forFa: CAMA minor development permit.'The new,rules;do.notsapply to fences ;installed prior to Aug!,12 Whatthe 9diderkiii sa 9 _ 3 The uidelmes create a CAMA minor.permit and an exemption for -sand fencing:,To quality for the etrefrlyBotta Installation of new sand fencing has to --meet the fbI!owfn6 criteria' The fencing must be no taller than 5 f6A and'built from evenly spaced thin:wooden vertical slats cro`nfieet* with twisted Wire. - 7. . . The:!encigg must be placed as far landward as possible to avoid. interference with sea turtle nestir -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 tie loaatediwaterward of the crest of frontalor primary -dune. If fencing is to be placed waterwsrd of,the crest of the dune, itmust 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 bespaced at least 1, feet `apart Fencing must -,not extend more than 10:feet beyond either the firstline of stable natiiral veijetifiiiinj the foe. of the frontal or primary dune, or,the.efosion escarpment of the dune, whichever is closest.to.the Sand.fencing to be placed along -public accesses maybe as long as tte' access; and may inciudea 45-degree: funnel -on the waterward end. The. funnel may- extend, up,to 10 feet beyotrd the end of -:the access. „ Why'the guidelines, are needed In: recant years; the amount'of sand fencing along the coast has grown significantly, as property owners satght to protect their homes from storms and long-tei i beach erdsion: As such,.miles of;sandfencing - some ohrhich 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, CommiSsm Mis developedvowntary sand fencing guidelines:; Several beach oonimunities had attempted to address the i§sue through sand, fencing ordinances, but thetoope: of the problem: required state attention; Che CRG's new regulatory guidelines were: develop ed;inicooperation-fikhe W2Cand the U.S. Fish and'Wildlife Service.