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HomeMy WebLinkAboutHB_16-046_PRWP LLCPLANNING & INSPECTIONS DEPARTMENT 10-24-2016 Bur'ETimothIII. Evans Timothy D. Evans Exemption Number - EXEMPTION # 2016-046E Exemption Inspector@hbtownhall.com CFM,CZO,LPO,CPM PRWP LLC Rhonda Wooten mooten@hbtownhall.com 4330 4th St Circle NW Administrative Assistant Hickory NC 28601 Ava Cain Planninginspectlon@hb[ownh all.com RE: EXEMPTED PROJECT - SAND FENCE (15A NCAC 07K .0212) OCEAN HAZARD AEC 1217 Ocean Boulevard West — 2016-046E Dear PRWP LLC: 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 10-24-2016, I have determined that the activity you propose is exempt from needing a minor development permit as long as it is installed in accordance with your site drawing, submitted on 10-21-2016, and meets 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. RECEIVED (5) Sand fencing shall be constructed from evenly spaceotWN�ON, NC vertical slats connected with twisted wire, no more than 5 feet in height, 110 ROTHSCHILD STREET • HOLDEN BEACH, NC 28462 •910.842.6080 PHONE • 910-842-7003 FAX www.hbtownhall.mnn 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. (7) Contact the LPO at the Town of Holden Beach for inspection so that it can be verified that the installation instructions have been meet. 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, Rhonda Wooten, LPO Cc: Sean Farrell - DCM FIELD REP/FIELD OFFICE RECEIVED DCMwILMINGTON, NC NOV 0 7 2016 110 ROTHSCHILD STREET • HOLDEN BEACH, NC 28462 •910.842.6080 PHONE • 910-842-7003 FAX www.hbtownhall.com Town of Holden Beach, North Carolina Application Sand Fence Exemption This exemption is to install sand fence one tizne. Drawing on back for your convenience. Section 1: Basic Data (Information to be provided by applicant) HOMEOWNER'S NAME: eAbo p 4 L e°_ Telephone: e�S —d5�i' //� o Holden Beach Property Address: /,2/ y O 8 /y Lot Number: Subdivision: Permanent Mailing Address: (Print 11 AME" if local address applies) Street Address: AA �,/.2� 15 y City/State/Zip: iG p yc � Name of Authorized Representative (if any): /✓,¢yryF 3 C' �. (1)1 Sand =fencing play only be installed for the purpose of building sand dunes by trapping wind blown sand; the protection ofthe dune(s)and vegetation (planted or existing), ' I"(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 fencing shall be immedi owner. ately removed by the property (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) Sandifeznoingiushalled.parallel,•tolheshorelineshall belecated-no,fartherwaterwardthan the crest, of the frontal or primary dune; or {a) Sand fencing installed waterward of the crest ofthe frontal or primary dune shall be installed at an angle no less than 45!degrees torthe shoreline: ' Individual sections'ofsand fence shall not exceed ,more than -10 feetin length (except for public accessways) and sbalf_be spaced no less than seven feet apart, and shall not extend more than 10 feet waterward ofthe following locations, whichever mosbwaterward, as"defliedtin,15A ►C'711 hu ine13fofstablenattualvegetation, t e.toe of the frpntal or primary; dune, or erosion escarpment of frontal Or -primary dune; and Double rows of sand fencing is not permitted. A drawing and the town ordinance has been provided on the other side of this application. PRIOR TO APPROVAL, THE APPLICANT MUST ATTEST TO THE FOLLOWING STATEMENT: "I certify that the information submitted above in Section 1 is true and factual to the best of my knowledge and that I have read and understand the conditions as stated in Section 2. 1 also understand that all provisions of law and ordinances governing the type of work applied for will be complied with, whether specifically specified herein or not. Finally, I understand that the granting of this permit does not presume to give me the authority to violate or cancel provisions of any other state or local law regulating construction or the performance of construction." �, Signature of Owner or Agent:v " /,yj� �� " Date: Printed Name as Above: A- OCMWILMINGTON,NC (This form supersedes all previous application forms as of January 9, 2009 and hereinafter is to be utilized. Section 3: Town of Holden Beach Process Data (to be completed by Town Staff) Approved for Issuance Date: Permitting Official Signature: 2. Sand fencing`is defined as a fence normally constructed of untreated and unpainted wood held together with twisted wire', with the fence. being nailed to a in of 1.5 inch by 3.5 inch (2x4) posts that are spaced at intervals not less than five feet and are embedded no more than two feet into the sand, and extending no higher thart four feet above grade. 3. No sand fence shall be erected without a no -cost sand fence permit issued by the Town Inspections Department. Theipermit may be requested and returned by mail following completion. 4. All sand fencing shall be installed in individual lengths of ten feet or less, at an angle between 45 and 90 degrees to the shoreline, facing west. The lengths of sand fend: will be spaced at least seven feet apart, parallel to each other, to allow sea turtles and pedestrians to pa' s through. This method of sand fencing encourages sand accretion and minimizes negative impacts to nestin't sea turtles. E— To street 5. The Building Inspector shall have the authority to summarily remove, abate, or remedy a sand fence determined dangerous or prejudicial to the public safety whether by reason of its location, or its subsequent state of disrepair or damage. Any fence so removed will be delivered to its owner if known, and if not, will be disposed of by the Public Works Department in an appropriate manner. (e) Property owners are encouraged to vegetate and fertilize the portion of the frontal dune on their property. (f) An exception to this policy is that ocean front property owners or their agents may traverse on (or over) the specific portion of the frontal dune within the limits of their property (above the mean high water mark), so as to make minor dune repairs, plant vegetation, install sand fencing and otherwise maintain the frontal dune on their property so that it may afford the intended degree of flood protection per this section. (Ord. 98-04, passed 4-27-98; Am. Ord. 99-04, passed 3-8-99; Am. Ord. passed 3-27-00) t ' 1 i I i No \e5s than ' 1 Minimum;, t J j ,tO feet 1 i i W / Dune c ! crest Maxi 7 M I ' m feet �.y I Vegetation.,, .. .J .line, toe of l',� dune ors erosion , scarp; aximum 70 feet 1 i , Beach DCM NOV 0 7 2016 NC SAND FENCE INSTALLATION ON NORTH CAROLINA BEACHES Sea turtles nest on nearly all of North Carolina's coastal beaches, laying an average of 600 nests annually. Sea turtles face many natural hazards and are also affected by human activities. Careful planning can eliminate most of the human -caused hazards, such as the placement of sand fencing. _ Sand fencing placed on sea turtle nesting beaches may interfere with nesting activity if placed so that it forms a barrier between the mean high water mark and the primary dune where nests are typically deposited. Sand fencing should be designed and installed so that it does not impede nesting attempts and/or trap nesting females and emergent hatchlings. The North Carolina Wildlife Resources Commission recommends placing individual sections of sand fencing at angles of at least 45° (see drawing) to the shoreline, facing the predominate wind direction. Placement of fencing at angles greater than 45' to the shoreline is more beneficial to sea turtles; and, placement at 90' is optimal. Individual fence sections should not exceed 10 feet in length and should be spaced at least 7 feet apart (parallel to each other) to allow sea turtles to turn around between the fencing sections. Sand fencing should be placed as far landward as possible. This method of sand fencing encourages sand accretion and minimizes negative impacts to nesting sea turtles. There are different types of sand fencing available. Standard fencing consists of evenly spaced wooden slats wired together and supported by wooden posts. Woven fabric fence material is also available and may be used, provided that the fabric sustains a 40% - 60% open space to closed space ratio to avoid wind damage by allowing air to flow through the material. Remember that fabric -type fences are susceptible to ultraviolet degradation and may sag and lose its original shape, thus reducing performance. In order to maximize the benefits of sand fencing, routine maintenance and adjustments are necess arv. Once sand fencing becomes buried, the benefits are no longer realized. Therefore, fencing s ����,�}ted before it becomes 50% buried, to maximize sand build up. Sand fencing should not Q'Ie$'b'uiied in newly formed sand dunes, and all non-functioning or derelict fencing should be removed from the beach immediately. Installation and repositioning of sand fencing should be conducted outside the sea turtle nesting season (I5 November through 30 April). Call the Sea Turtle Project Coordinator, Division of Wildlife Management, (252) 729-I359, for additional technical guidance on sea turtle conservation. V J L TbA iv>;ion of Coasfal Manaa e_ men_ Home About DCM Contact DCMCAMA Counties Search DCM .0212 INSTALLATION AND MAINTENANCE OF SAND FENCING (a) Sand fences that are installed and maintained subject to the following criteria are exempt from the permit requirements of the Coastal Area Management Act: (1) Sand fencing may only be installed for the purpose of: building sand dunes by trapping wind blown sand; the protection of the dunes) 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 fencing 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 larcer 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. (i) Sand fencing shall not be placed on the wet sand beach area. 00 Sand fencing installed parallel to the shoreline shall be located no farther waterward than the crest of the frontal or primary dune; or (iii) Sand fencing installed waterward of the crest of the frontal or primary dune shall be installed at an angle no less than 45 degrees to the shoreline. Individual sections of RECEIVED fence shall not exceed more than 10 feet in length (exILMINGTON, NO Nov 0 7 20% 517/U2 puouc accessways) and shall be spaced no less than 7 feet apart, and shall not extend more than 10 feet waterward of the following locations, whichever is most waterward, as defined in subsection 7H.0305: the first line of stable natural vegetation, the toe of the frontal or primary dune, or erosion escarpment of frontal or primary dune; and (iv) Sand fencing along public accessways may equal the length of !the accessway, and may include a 45-degree funnel on the 4terward end. The waterward location of the funnel shall not exceed 10 feet waterward of the locations identified above in,(6) (iii) of this Rule. RECEIVED 0CM WILMINGTON. NC NOV 0 7 2016