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HomeMy WebLinkAboutChapman, Scott®cean1l B E A C H March 27, 2017 Exemption No: Qtr 3.24 Scott Chapman and Kathy Chapman 26 Clover Place Durham, NC 27705 RE: EXEMPTED PROJECT SAND FENCE -15A NCAC 07K .0212 OCEAN HAZARD AEC PROJECT LOCATIOWADDRESS — 342 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 March 27, 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 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 twisted 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. riECCiVED DCM WILMINGTON, NC APR 0 6 2017 TOWN OF OCEAN ISLE BEACH / 3 W. THIRD STREET / OCEAN ISLE BEACH, NC 28469 (910) 579-2166 / FAX (910) 579-8804 / WW W.OIBGOV.COM March 27, 2017 scat Chapman PAGE 2 This exemption to, 6AMApertfilt requirements does not alleAste the nace"I of your obtaining any other State, Fed" or Wool authorization. This exemption ezpues 90 days from the date of the later. Sincerely, Keith Opus, LPO Town -of Ocean Isle Beach Mist'ThInittreet - Ocean IsisBeach, NC 28469 cc: Sm. Farrell. .r aasA.,6[ Fast' Facts Sand-Fendrig Permit and'Exetn6,tion Guidelines Permit guidelines and.exemption criteria for the installa of sand fences along the oceanfront took -effect Aug, 1, 2002. When properly installed, sand fences help build dunes by, trapping wind-blown sand: But if installed improperly, they can impede public access to the beach, and can trap or endanger sea turtles, their nests or hatchlings. Under the new guidelines, property ownerswho follow certain criteria'wilt beeligiblefor an exemption from Coastal. Area Management Act permit requirements. If property owners want to put up sandfences that.dffer from the criteria; they will have to apply for a CAMA minor development permit. The new rules do not apply to fences installed prior to Aug. 1. What the guidelines say a The -guidelines proate a QAMA 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 bulltfrom evenly. spaced.thin wooden vertical slats connected with twisted wire. € • The fencing must be placed as tar, landward as possible to avoid interrerence with sea turtle nesting, public access and use of the beach. It must not be placed on the wet -sand beach. • if fencing +isto 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, if must be installed at a 45-degree or greater angle to the shoreline. Each section of fence`must not'bellonger 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 fenrang.to be: placed along; public accesses may be as long as the access, ar4may include a 45,degree funnel on the'waterward end. The funnel ma'y extend 'up to 10 feet beyond the and of the.acce-m Why the guidelines are needed In recent years, the amountof sand' fencing, along ;the coast, has grown significantly as property owners sought to protect their homes from storms and'•long-team, 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 CRVs new regulatory guidelines were developed in cooperation with the WRC and the U.S. Fish and Wildlife Service.