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HomeMy WebLinkAboutBrocklebank, Johnoceanisle
B E A C H
May 22, 2017 Exemption No: Qtr 4-13
John C & Vicki H Brocklebank
5400 Hunter Hollow Drive
Raleigh, NC 27606
RE: EXEMPTED PROJECT SAND FENCE -15A NCAC 07K .0212
OCEAN HAZARD AEC
PROJECT LOCATIONIADDRESS —152 East First Street
Dear Sir or Madam:
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
May 22, 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. N 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 twWad 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. RECEIVED
DCM WILMINGTON, NC
MAY 232017
TOWN OF OCEAN ISLE BEACH / 3 W. THIRD STREET/ OCEAN ISLE BEACH, NC 28469
(910) 579-2166 / FAX (910) 579-8804 / WWW.OIBGOV.COM
fj
Ma}r 22', 2D17
John C &Vicki H Brockiebank
PAGE 2y
Tliis-exemption to CAMA.permit'requiremenfs does not alleviate the necessity of-youd 6.6tainiri,g any other State„
Federal or Local authorization. This exemption expires 90 days froAdhe date ofahe letter.
Sincerely,
i
Keith Dycus, LPO;
Town:of Ocean Isle Beach!
3 West Third Street
Doemisle Beach, NC 28469
cc: Sean -Farrell'
i
Dr
`Ceag`t�i
Mann
Fast_,Facts :c Sand-Fencirig.,-Pertnit and Exemption Guidelines
Permit guidelines and.exemption cdteria;forthe instaHa
of'sand-fences along the oceenfront:took effect 1;
2002 4 ,
When properly, iristallad, sand`fences Help build'dunes b
trapping word -Blown sand.' But ff installed improperly, the
cart impede public access to tfie 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 wilt have:td apply for_a--CAMA in
development -permit. The new rules:do hot apply to-fer
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 61-MM6on
installation of new sand fencing'Aas to meet the following criteria:
• The fencing must be no taller than 5 feet and built from;e'verily spaced -thin wooden. vertical slats colneded
with twisted.wire. g
Thefencing must,be placed as far landward as possible to, avoid, interference with sea turtlenesf6g; 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; itmustnot be located waterward of the crest of a frontal or
primary dune.
o If fencing,is4gbe,placed watetwardof the.crestof the dune, it must,be installed.at a 45-degree;orgreater,
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 16.feet`beyond either -the fist line of -stable naturalJegetahon rftie toe of
the, frontal. or primary, dune; or the erosion escarpmerif of the dune, whichever is closest to the Wales
Sand fencing to be placed, along public accesses may, be as:long as the,acce.ss, and may include a 4"egree
funnel.on the waterward end., The_funneI.may extend`up;to.10 feef beyond the end cf:the access:
Why the guidelines are.needed.
In recent years, the amount o? sand fencing along Pe coast has grown significantly as property owners "- _ ht to
protect their homes from itorms and long-term beach erosion: As such, miles of sand fencing'- some ofwhich,is
Improperly installed or neglected — now line the state's-beaches.
Because improper sand fencing can pose a threat to;seaturtlesi the state Wildlife Resources Commis i5i
developed voluntary sand fencing guidelines..
Several beao6.eommunHies had attempted to address the issue -through sand fencing -ordinances, but the §dope of
the problem required state attention, The CRC's new regulatory guidelines were developed in cooperatl6hit tt `the
WRC and the U.S. Fish and Wildlife Service.
I
list Ike of Stably Tdakual Peon.