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HomeMy WebLinkAboutExempt OIB 25-24oceanisle B E A C H March 25, 2024 WINDJAMMER CONDO OF OIB HOA INC PO BOX 8126 OCEAN ISLE BEACH, NC 28469 Exemption Number — Qtr. 25-24 RE: EXEMPTED PROJECT - SAND FENCE (15A NCAC 07K .0212) OCEAN HAZARD AEC PROJECT LOCATION/ADDRESS — 27 Ocean Isle West Boulevard Dear Property Owner: 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 25, 2024, 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 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). (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. (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: 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. 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, Brian Frey, LPO Town of Ocean Isle Beach 111 Causeway Drive Ocean Isle Beach, NC 28469 Town of Ocean Isle Beach Planning & Inspections Department oeean isle 111 Causeway Drive, Ocean Isle Beach, NC 28469 B E A C H Phone (910) 579-3469 Fax (910) 579-2940 www.oibgov.com Installation and Maintenance of Sand Fencing According to CAMA Regulations (I5A NCAC07K.0212) j No less than r 45�Minimum Dune 7 feet ! crest c Shore parallels r fence ' located `41, landward . I �c >o of the 1 Vegetation dune line, toe of r dune or; crest ; erosion4. i scarp, c 1 ' r c Maximum 10 feet r A. Example Sand Fence Installation Sand fences that are installed and maintained according 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 dune(s), and vegetation (planted or existing). 2. Sand fencing shall not impede existing public access to the beach, recreation use of the beach, or emergency vehicle access. Sand fencing shall not be installed in a manner that impedes or restricts use of access to public beach accesses or public 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, damages, or unsecured, sand fencing shall be immediately removed by the property owner. June 2006