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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.