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HomeMy WebLinkAboutCheek, Lawrenceoceanisle February 14, 2017 Lawrence & Cheryle Cheek PO Box 6838 Ocean Isle Beach, NC 28469 B E A C H Exemption Number — Qtr. 3-9 RE: EXEMPTED PROJECT - SAND FENCE (15A NCAC 07K .0212) OCEAN HAZARD AEC PROJECT LOCATION/ADDRESS — 354 East First 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 February 14, 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 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 in height. v ED ,GTON, NC FFR 1 4 2017 TOWN OF OCEAN ISLE BEACH / 3 W. THIRD STREET / OCEAN ISLE BEACH, NC 28469 (910) 579-2166 / FAX (910) 579-8804 / WWW.OIBGOV.COM Wooden posts or stakes no larger than 2" X 4" or 3" diameter shall support sand fencing. (6) Location: a) 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: b) Sand fencing shall not be placed on the wet sand beach area. c) Sand fencing installed parallel to the shoreline shall be located no farther waterward than 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 less than 45 degree to -the shoreline. Individual sections of sand fence shalt not exceed more than 10 feet in length and shall be spaced no less than seven feet apart, 'and shall not extend more than 10tfeel waterward of thefollowing 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 permitrequirements.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, 2002. 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 thal from the criteria, they will have to apply for a CF 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-degree funnel on the waterward end. The funnel may extend up to 10 feet beyond the end of the access. Why the guidelines are needed In recent years, the amount of sand fencing along the coast has grown significantly as property owners sought to 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. ' N FEB 1 4 2011 a✓ Coats, Heather From: Sent: To: Cc: Subject: Attachments: Happy New Year, Kathryn! Andrea, Benjamin <band rea@nhcgov. com> Tuesday, January 03, 2017 10:24 AM Kathryn Thurston Coats, Heather CAMA Application Review - 706 Jacobs Creek Lane S KM_C654e 17010311230. pdf Do you have any objections or comments on this project? Thanks Ben Benjamin Andrea I Current Planning and Zoning Supervisor Planning & Land Use - Planning & Zoning New Hanover County 230 Government Center Drive, Suite 110 Wilmington, NC 28403 910 798-7571 p 1 (910) 798-7053 f www.nhcqov.com From: adminNH@nhcgov.com [mailto:adminNH@nhcgov.com] Sent: Tuesday, January 03, 2017 11:24 AM To: Andrea, Benjamin <bandrea@nhcgov.com> Subject: Message from KM_C654e