Topsail Reef HOA Variance Notification 5.17.23

May 17, 2023

FROM: Gregg Bodnar, DCM Major Permit Coordinator

RE: Topsail Reef HOA Major Permit No. 39-12, Amended by CRC Variance (VR-20-02)

On May 28, 2021, the NC Coastal Resources Commission granted Variance Order VR-20-02, in
which the HOA requested to seek a variance from the conditions in CAMA Major Permit No.
39-12 as modified by the Commission’s final agency decisions granting variances in 2012 and
2014. The Commission’s rules associated with the Variance Order are 15A NCAC 07H
.0308(a)(2)(F-H), which set timelines for how long sandbags may be used or renewed in order to
protect structures, and 15A NCAC 07H .0308(a)(2)(L) which restricts the size of sandbag
structures.

The Variance Order granted the Variance on the following terms:

1. The temporary sandbags authorized by this variance may only be left in place for a period
of five years form the date of this final agency decision (up to May 28, 2026);

2. If any long-term measures are implemented before the expiration of this variance to allow
the larger sandbag structures to remain, any sandbags that exceed the maximum structure
size limitations, as well as any sandbags in the six foot by 20 foot alignment that are
above grade, must be removed following the implemented measures.

Maintenance and repairs to the existing larger temporary erosion control structure generally
proposed in the Topsail Reef HOA's inquiry may be allowed, provided the structure remains
consistent with the CRC's variance order. The HOA is responsible for obtaining any other state,
federal, or local authorization which may be needed. If there are any questions about the
Variance Order, please contact the Division of Coastal Management before proceeding.

cc: DCM - Files