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HomeMy WebLinkAboutOIB QTR 1-2EX-September 1, 2011 Exemption No: Qtr. 1-2 476 Ocean Isle LLC 1277 Lake Forest Drive Davidsonville, MD 21035 RE: EXEMPTED PROJECT SAND FENCE -15A NCAC 07K .0212 OCEAN HAZARD AEC PROJECT LOCATION/ADDRESS — 476 East Third 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 September 1, 2011, 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 your site drawing, submitted on September 1, 2011, 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. P E I V E D SEP 0 7 2011 TOWN OF OCEAN ISLE BEACH / THREE WEST THIRD STREET / OCEAN ISLE BEACH, NORTH CAROLINA 28469 (910) 579-2166 / Fax (910) 579-8804 / www.oibgov.comCIV WILMINGTON, NC September 1, 2011 476 Ocean Isle LLC PAGE 2 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, Justin Whiteside, LPO Town of Ocean Isle Beach 3 West Third Street Ocean Isle Beach, NC 28469 cc: Holley Snider DCM Home I About DCM I Contact DCM CAMA Counties Search OCM DENR Maine •'I ncgoUarn I Fast -Facts- ::-Sand-Fencing-Permit-and Permit. guidelines and exemption criteria for the installation of sand fences along the oceanfront took Aug.,1, 2002. When properly installed, sand fences help build dur trapping wind-blown sand. But if installed improperl, can impede public access to the beach, and can tre endanger sea turtles, their nests or hatchlings. Under the new guidelines, property owners who foil certain criteria will be eligible for an exemption from Coastal Area Management Act permit requirements properly owners want to put up sand fences that dif 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 CAMA minor permit antl an exemption"for sahtl fencing. Td giialIfji•far'the exsrt iption; 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. e 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 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. Last Modified: January 29, 2003 SAND FENCING CRAP-HiCS FIRST -LINE OF STABLE NATURAL V•E.GETA'ITION, TOE OF DUNE, .OR ESCARPMENT, WHICHEVER IS FARTHEST WATERWARD •� 6 e .� t" •r .A. a aw. w a;. �; �. " .a •e; rtw n• y 5.... i • yy,,))��\� .:•c r:. '• '�r:.. r.":. /,G.�?� � rti• 'V`�'1�'�\rS"..G•3.': .��V :� •.. �•+'si.• s, .7.Yv '.^(1. �' • Not 10 foot ". tt 1 gl I's � � � i OCEAN a s fd a.-14' �x f� ,:N �" Mammum Height of Fence = 5 fee mawlmllm eiya of 0110nnrt no -ate = or 3" disintater To 1 Toe of Dune First Line of Stable Natural Vegetation LPO COMPOSITE RECORD FORM FOR EXEMPTIONS LOCALITY: Ocean Isle Beach FOR QUARTER: First Year: 2011-2012 co m as m i m U E a N j C CJ E cp LL N �+ vi (D U_ w> 'd E Qj w O U) ? 0) ca aye - C m a)toL= � File # Applicant Name Project Address w -d - ¢ d c O U LL N CU ClLLO U. •V m- O = O C N ' OUi ' EEL O• c+ 'O 0 O � Q0 CL CL O - dm�aGI � Lz . nc eVaO Q . mQ LU O' 5N _ Q. Q O 0 O O N CIS a) D Cn E O E 4 �� p � N O Q- m (� w G w C �j�. I— = U) 7,LL H m m w Cl)H a[ V Qtr. 1-1 RBC Bank USA 464 E. 3rd St. 8/2/2011 8/2/2011 8/2/2011 OH SF SFR Qtr. 1-2 476 Ocean lsle,!LLC 476 E. 3rd St. 9/1/2011 91/2011 9/1/2011 OH - SF SFR Qtr. 1-3 Dan Kinlaw; 103 Ocean Isle West Blvd 9/1/2011 8/31/2011 9/1/2011 OHI RM SFR Qtr. 1-4 Walter Eric Hinshaw 131 Ocean Isle West Blvd. 9/2/2011 9/12/2011 9/12/2011 OHI RM SFR Qtr. 1-5 Robert and Margaret Miller Trust 133 Ocean Isle West Blvd. 9/19/2011 9/19/2011 9/19/2011 OHI RM SFR Qtr. 1-6 i Daniel McRainey 20 Monroe St. 9/20/2011 9/20/2011 9/20/2011 ES RM SFR Qtr. 1-7 I Dennis Boyer 99 Ocean Isle West Blvd. 9/20/2011 9/20/2011 9/20/2011 OHI RM SFR I i I Return To: Division of Coastal Management 127 Cardinal Drive! Ext. Wilmington, NC 28405 Signature: Date: 11-Oct-11 Phone Number: 910-579-3469 Exemptions Log F2011 - 2012 Ocean Isle Beach Page#1 Date Quarterly report received. 10-11-11 1 st Quarter Permit No. Applicant's Name Project Location Date RO received Letter Date on Letter Date RO received App Date App. Filed -AEC App Complete Appr. for Payment Qtr. 1-1 RBC Bank USA 464 E. 3rd St. 8/8/11 8/2/11 X 8/2/11 OH Y Y Qtr. 1-2 476 Ocean Isle, LLC 476 E. 3rd St. 9/7/11 9/1/11 X 9/1/11 OH Y Y Qtr. 1-3 Dan Kinlaw 103 Ocean Isle West Blvd 9/7/11 9/1/11 X 9/1/11 OHI Y Y Qtr. 1-4 Walter Eric Hinshaw 131 Ocean Isle West Blvd. 9/16/11 9/12/11 X 9/2/11 OHI Y Y Qtr. 1-5 Robert and Margaret Miller Trust 133 Ocean Isle West Blvd. 9/22/11 9/19/11 X 9/19/11 OHI Y Y Qtr. 1-6 Daniel McRainey 20 Monroe St. 10/11/11 9/20/11 X 9/20/11 ES Y Y Qtr. 1-7 Dennis Boyer 99 Ocean Isle West Blvd. 9/22/11 9/20/11 X 9/20/11 OHI Y Y