Omalley, Brian

oceanisle
B E A C H
March 31, 2017 Exemption No: Qtr 3.26
Brian Omalley and
Amy Omalley
9 N Colts Neck Way
Hockessin, DE 19707
RE: EXEMPTED PROJECT SAND FENCE -15A NCAC 07K .0212
OCEAN HAZARD AEC
PROJECT LOCATION/ADDRESS — 242 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 31, 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.
'`i�Ct�IVED
DGM WILMINGTON, NC
MAR 3 12017
TOWN OF OCEAN ISLE BEACH / 3 W- THIRD STREET / OCEAN ISLE BEACH, NC 28469
[phone]/ FAX [phone] / WWW.OISGOV.COM

March 31, 2017
Brian Omalley
PAGE 2
This exemption to CAMA permit requirements does not alleviate the necessity of your obtaining any other State,
Federal or Loral authorization, This exemption expires 90 days from the date of the letter.
Sincerely,
44-3r'-'
Keith Dycus, LPO
Town of Ocean Isle Beach
3 West Third Street
Ocean Isle Beach, NC 28469
cc: Sean Farrell
DECEIVED
DCM WILMINGTON, NC
MAR 3 12017

Fast Facts :: Sand -Fencing Permit and Exemption Guidelines
Permit guidelines and exemption criteria for the
installation of sand fences along the oceanfront too
Aug. 1, 2002.
When properly installed, sand fences help build our
trapping wind-blown sand. But if installed improped
can Impede public access to the beach, and can tre
endanger sea turtles, their nests or hatchiings.
Under the new guidelines, property owners who fall
certain criteria will be eligible for an exemption from
Coastal Area Management Act permit requirements
property owners want to put up sand fences that dd
from the criteria, they will have to apply for a CAMA
development permit. The new rules do not apply to
installed prior to Aug. 1.
What the guidelines say
The guidelines create a CAMKmMorpermiiandm'exemption'forsandiertart0.-To-goatify-forihaexemprion,
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 states 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.
3ECEAVED
Last Modified: January29.2003 WILMINGTON, NC
N.C. Division of Coastal Management . 400 Commerce Ave .Morehead City, NC 28557
MAR 3 12017
1-888-4RCOAST . Email Us

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