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HomeMy WebLinkAboutBarham, Edwardoceanisle B E A C H March 3, 2017 Edward & Diane Barham Jr. 1113 Gilgo Rd. Oriental. NC 28571 Exemption Number — Qtr. 3-14 RE: EXEMPTED PROJECT -SAND FENCE (1 SA NCAC 07K .0212) OCEAN HAZARD AEC PROJECT LOCATION/ADDRESS — 259 West 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 March 3, 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 in height„ ,i EE� , ,vi WILMINGTON, NC I IAR u 6 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 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. 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. itL JED u(,Ivl WILMINGTON, NC MAR 062017 Cyoasat tea a)tq 3 .. Fast Facts Sand -Fencing Permit end Exeiriptton Guidelinesi' " Permit guidelines and exemption criteria for the installation of sand fences along the oceanfront took effect Aug. 1 uzs? a _ of 2002: When property installed, sand fences help build dunes by]{ ' trapping wind-61own sand: -But ifiinstaled improperly,. they can Impede public accem to the beach, and can'trap:or - t endanger sea•iurles their nests or hatchl ngs. Under the newguidelmes, property owners who follow, certain cnten i wll be eligible for an exemption from" W s r Coastal Area Management Act permit: requuements.'If � .� '� •? . property owners want to put up sand' fences that, differ from the criteria, tthey.will have to apply for a�CAMA-minor �. development permit?he new rules do not apply'to fences SF _ Installed prior to Aug. 1_ ` Witatthe guidelines say;• 9 ,: }yg y' O ., ., The guidelines create a' CAMA minor pe[md and an exemption forsand 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 burst from evenly spaced thin wooden vertical slats'coonected u - With twisted vnre.•, �_ ' ` - -• ,.,, , r ty-•.Y f r,y ' • The fencing must be placed as'fer fan dward'as possibreto avoidiihte,rferefibe with sea turtle nesting; public access and use of the beach. It must not be placed on the wet sand beach. • If fencmgis to be placed parallel to the shoreline, it'mtist not be located waterward, of the crest of the frontal or primary dune. g • If fencing s to be piaced'waterward of the crestof the dune; it must,be installed at a 45-degree or greater angle fnthe shoreline. E�ch:'section of fence must•not' be longer than 10;feet; and'sections must tie spaced at least feet•apart.. • Fencing must not extend more than 10 feet beyond either the fustline of stable natural vegetation, the toe of the frontal or primary, dune, or the qn:i igri e5.carpmentof the dune, whichever Is closes! to the water. • Sand fencing to be placed along public accesses' may be as long asthe access and may Include a'" -degree funnel on'ahe ivaterward end. The funnel may extend up to; 10.feet beyond the end.of the access. Why the guidelines ire. needed In recent years,'the amount'of sand fencing along the coast has grown .significEintly as_property, owners sought to r. protect theirhomes fromstorms andleng term beach erosion: As such;'rniles of sand tenting —some ofwhich 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.