17-23 EX

1 /30/23
John Kirk
2301 W. Beach Dr.
Oak Island, NC 28465
Exemption Number —17-23 EX
RE: EXEMPTED PROJECT - ACCESSORY USES — [15A NCAC 7K
.0209(B)]
PROJECT ADDRESS — 2301 W. Beach Dr.
AREA OF ENVIRONMENTAL CONCERN - OE
Dear Mr. Kirk:
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 1/27/23, 1 have
determined that the activity you propose is exempt from needing a minor
development permit as long as it remains consistent with your site drawing dated
1/26/23, and meet the conditions specified below. Your project consists of a post
and rope beach access. If your plans should change and your project will no
longer meet these conditions, please contact me before proceeding.
Accessory Uses that are directly related to the existing dominant use and require
no plumbing, electrical or other service connections are exempt from the CAMA
minor development permit requirement if they meet the criteria set out below.
1. The development must not disturb a land area greater than 200 square
feet.
2. The development must not involve removal, damage, or destruction of
threatened or endangered animal or plant species.
3. The development must not alter naturally or artificially created surface
drainage channels.
4. The development must not alter the landform or vegetation of a frontal
dune.
5. The development must not be within 30 feet of normal high water level.
6. The development must be consistent with all applicable use standards
and local land use plans in effect at the time the exemption is granted.
Development Services
4601 E. Oak Island Drive - Oak Island, North Carolina 28465
Phone: [phone] - Fax: [phone] - Website: www.oakislandnc.com

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,
Courtney Milliron, LPO
Town of Oak Island
Cc: DCM Field Representative — Patrick Amico
2

BEACH ACCESS PERMIT
E CIE
Locality: Oak Island N 6 2023
CAMA Minor Permit Office
As authorized by the State of North Carolina BY:
per the Coastal Area Management Act of 1974
Applicant Name.
Co -Applicant Name
Address 23C3i ilJ�r.l, L�r
city. 00 L 1-5 lay, e i
Phone #-
Authorized Agent.
Permit # i l c2 J T:x—
Date previous
permit issued
Project Location Information
Street Addresses) 7130j Dr
Adj. Water BodyAtlantic Ocean
AEC: ❑ IH [,' OF,
Owner's Name (Print)

RULES FOR BEACH ACCESS PATHS (FROM 19TH PLACE EAST TO THE POINT)
• direct access pathway across the dune will be allowed for all properties from 19"' Place East to
the west end of the island (the Point)
• a direct access pathway for each property in this area will be allowed, though neighbors are
strongly encouraged to share an access path
• permit required, but there is no fee
• every footpath across the dune must be permitted by the Town and installed before it can be
used
• walking across the dune without a properly permitted and installed footpath access will be a
violation of the Town's ordinances
• post -and -rope can mark new or existing pathways extending from one toe to the other, as long
as permissible conditions are met
• rollout matting can only be added over dune areas with existing natural and stable vegetation
Now that both FEMA sand projects are complete, direct pathway accesses across the dune will be
allowed from 19' Place East to the west end of the island (the Point). Permits for various beach
nourishment projects have had different rules for pedestrian access to the beach. Since 2000/2001, the
sections of beach included in the Wilmington Harbor Project area and the turtle project (from SE 63d
Street to 19`" Place East) were required to use shared accesses placed approximately every 180 feet, in
addition to the Town's street end accesses.
For properties from 191h Place East to the western end of the island, a direct access pathway for each
property will be allowed, though neighbors are strongly encouraged to share an access path on the
common property line. A permit will be required to install a beach access path, but there is no fee for the
permit.
A pathway can be a maximum of six feet (6) wide, as permitted by CAMA regulations, and must be
identified through installation of post -and -rope. to mark new or existing pathways extending from one toe
to the other. Composite or wooden rollout matting can be added over dunes with existing natural and
stable vegetation.
A pathway to be shared by abutting properties may be a maximum of eight feet (8') wide, must be
centered on the common property line, and must be identified by post -and -rope OR the optional use of
non -permanent, slatted wooden or composite roll -out matting. An individual property may have only one
shared access pathway; shared access pathways will not be allowed on both sides of a property. An
individual property may have either one shared access or one individual access, but not both.
Town -installed footpath accesses will not be removed immediately; they can be used as the permanent
footpath access for a single or shared access but a Town permit will still be required. If using post -and -
rope to define the footpath access, the following conditions must be met:
• Posts must be 4" x 4" x 6' #2 pressure treated lumber, should not use concrete footers, and should
maintain spacing of at least 7 feet between posts. The posts shall be installed with 3 feet above
ground
• Posts should only be installed by hand without the use of heavy equipment
• Only rope railings — no wooden or other railing systems will be allowed. The rope shall be of
high quality 1" nylon strung through holes drilled in the center of the post 6" from the top. The
ends of each rope shall be heat -fused, to prevent unravelling, and secured with a double knot to
prevent the ropes from being pulled through the drilled holes.
• Rope railings should be at least 3 feet above ground in order to prevent sea turtle interactions
• Paths should be shore -perpendicular only for access to the beach; should not extend more than 6
feet waterward of planted vegetation or the toe of the constructed slope, whichever is more
landward; post -and -rope shall not obstruct recreation access or emergency vehicles; and shall in
no case extend below the high water line

PERMIT REQUIRED FOR INDIVIDUAL/SHARED ACCESS
A permit is required to establish an individual or a shared access path, however, there is no charge for the
permit. Information on the property and the property owners' or authorized agent's signature, along with
a drawing of where the path is to be located, will be required for the permit. The permit application may
be completed and filed by the property owner, and post -and -rope or non -permanent, slatted wooden or
composite roll -out matting may be installed by the property owner.
To apply for a permit (or to ask questions about planting sea oats or installing sand fencing) contact:
Courtney Milliron
Town of Oak Island
Floodplain Administrator/CAMA-LPO
Phone: [phone]
cmilliron a oakislandnc.ov
Beach access permit: www.OaklslandNC.gov/AccessPermit
Sand fence permit: www. Oak Isal ndNC.vov/SandFence
ENFORCEMENT
It's important to protect the dunes, and the Town has several ordinances designed to do just that. A new
Beach Services Unit, under the Town's Police Department, will help make sure the rules are followed
throughout the season.
Every footpath across the dune must be permitted by the Town and installed before it can be used.
Walking across the dune without a properly permitted and installed footpath access will be a violation of
the Town's ordinances.
Violations of the dune protection ordinances (ARTICLE III. - Protection of Sand Dunes, Sea Turtles and
Other Wildlife Habitat; Sand Management Projects) are punishable under Sec. 1-7 with fines up to $500
or 20 days in jail. Violations include, but are not limited to:
• Walking, running, playing, climbing, or other pedestrian traffic of any kind except in approved
designated access areas
• Placing anything in or on sand dunes or the designated access areas
• Attaching anything to sand dune access area posts, ropes, sand fences or Town signs
• Vehicular access of any kind other than Town or emergency services vehicles in operation of
official duties
• Cutting or removing dune vegetation
• Throwing refuse on the dunes or designated
• Physically altering the dunes or sand management project areas without a permit
• Development activities without a valid building or CAMA permit
• Digging in the dunes
• Mining or mechanical alteration of the dunes or access areas

Permits required for ALL options, available at: www.OakislandNC.gov/AccessPermit.
DIRECT ACCESS provides pathways up SHARED ACCESS provides single 8'
to 6' wide on individual property. I wide pathway, centered on property line.
SAND FENCING permits are required prior to
installation, and are available on the Town Website
at: www.OaklslandNC.gov/SandFence
MATERIALS accepted include
post -&-rope, slat fencing, and
wood / composite rollout mats*.
Rost &-Rop
K
P. o o lL1�lYYlJI
ii. .F
:I:um Minimum Maximum ►„
igle: 45* Spacing: 7' Length: 10'
0 0

Courtney Milliron
From: Andrew Kirk <[e-mail]>
Sent: Friday, January 27, 2023 11:15 AM
To: Courtney Milliron
Subject: Re: Beach Access Permit Application
Yes
On Fri, Jan 27, 2023 at 9:11 AM Courtney Milliron <[e-mail]> wrote:
Good Morning Mr. Kirk,
j Are you proposing a post and rope pathway?
Best,
Town of
dsland�l
"A Place to Coast" North Carolina
Courtney -94iffiron, C�IM
Floodplain Administrator/CAMA-LPO
Phone: [phone]
cmilliron(c�,)oakislandnc.gov
From: Andrew Kirk <[e-mail]>
Sent: Thursday, January 26, 2023 3:42 PM
To: Courtney Milliron <cmil[iron @oakislandnc.gov>
"! Subject: Beach Access Permit Application
Please let me know if I did not fill this out properly.
1

Andrew Kirk
President
For You Ministries
[phone]
Andrew Kirk
Youth Ministries Coordinator
Williamson's Chapel UMC
[phone] Ex 211