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HomeMy WebLinkAboutFisher, Richard N.oceanisle B E A C H March 17, 2017 Exemption No: Qtr 3-23 Richard N Fisher and Laura Fisher Post Office Box 759 Burlington, NC 27216 RE: EXEMPTED PROJECT SAND FENCE • 15A NCAC 07K .0212 OCEAN HAZARD AEC PROJECT LOCATIONIADDRESS - 223 West 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 March 17, 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 sai 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 Z' 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 i_ F�- V Eta uuM WILMINGTON, NC MW 1 7 2017 TOWN OF OCEAN ISLE BEACH / 3 W. THIRD STREET / OCEAN ISLES EACH, NC 28469 (910) 579-2166 / FAX (910) 579-880.1 / WWW.OIBGOV.COM March 17,2017 Richard NEislier PAGE 2 This exemption_to:CAM,4permitregwremerits does not-allevviiateahe necessity of'you o6tainirig;any'dtfeG S(afe8 Federal:oc@ocal'authorization, This exemption.expires 90!dagsfyom.ttie date.of the left-da Sincerely, Keith, _Dy_cus, LPO; Town of gpanlsleBeach 3' West Third Streetj �OcepLmisle 13each;:NC 28469 cc: 'Sean Farrell M . _Caas��ll Fast,ii;acts,s Sand=Fe.ficing'Perini#-and Eicemptlon'Gutdeli►esi Permit guidelines and-exemptton criteria for the Installatiorj Pisand-fences along the oceanfront took effect._Aug. C ! 2002: When properiy:installed', sandlfences help build -dunes by trapping_wind=tilownsand:rBut`if-installed improperly; they can impede„public access t(�the:beadh,, and'.can trap,or.: Underthe Coastal Area requirements. Ifj from the criteria; they will; have`t_o applyfor-wCAMP development.permit;The new rules do not applyto- nstalledpp ior'to Aug__1., — Y What'the,guideliires.savl The ouidelines;create a_CAMA.minoroenn'it-and-an illation of new sand fencing has to.meebthe:following,`criteria_ r fhe fencing must tie no -tat elel r-than 5'_feet'and built from,evc with twisted vnre.,"S�' aJ�19 jL an o v� a fl �•� . 'The fencing must be placed'aefar landw`ard.as possi6ledo ,&Zess'and use of -the beach: It'must noIC placed:on.the • If fen_cing'is-to be; placed'paraliel-tto`the shoreline itmdst n primary dune.; , Fencing must not extend the frontal or,primary_-dur 0 1 J n 1 Why the guidelines,ard-_needed. , A 7 —sa: , In recent years,"the amount -of sand:.fendtng protect their homes•from ' stoiins:andfonb4 g ',._ Improperly installed or neglected — now line nd.fencmg To qualify forthe'exetrrplion; F spaced tBm wooden vertical slats -connected Didjrtterference-with=sea turtle nestGi ",public t-sand beach. Jll.. C -e'Td ated.waterward of -the cresttof the frontal,or )fWWhich is d:at Because improper sand fencing can pose a threat to sea turtles„ the state Wildlife Resources COirrim1 Sri has developed voluntary sand fencing g9igk1ihe— . ;Several beach. communities,,had attempted to address;the, issue throughsand`fencing ordinances, bat'the scope of the problem required state attention: The -CRCs new regulatory.guidelines:wiere developed.in coopetaZ(opwifir the WfI6 andthe UI61 Fish and -Wildlife Service. _ 116 11