46-24 Hernandez, Orlando

Exemption Number – EX 46-24

June 6, 2024

Orlando Hernandez
c/o Debbie C. Vaca
4500 Morris Park Drive
Mint Hill, NC 28227

RE: EXEMPTED PROJECT – STRUCTURAL BEACH ACCESSWAY [15A NCAC 7H.0308(c) and
15A NCAC 7K.0207]

PROJECT ADDRESS – 1553 New River Inlet Road, North Topsail Beach NC
AREA OF ENVIRONMENTAL CONCERN – Ocean Hazard AEC

Dear Mr. Hernandez,

I have reviewed 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 June 3, 2024, I 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 submitted on May 29, 2024 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.

CONDITIONS FOR CONSTRUCTION OF STRUCTURAL ACCESSWAY OVER FRONTAL DUNE

1. The accessway shall be constructed no further seaward than the First Line of Stable Natural
Vegetation
2. The accessway shall be constructed so as to make no alterations to the frontal dune that are not
necessary to construct the accessway. In no case shall the dune be altered so as to diminish its
capacity as a protective barrier against flooding by reducing the volume of the dune.
a. The accessway shall be exclusively for pedestrian use.
b. The accessway shall be a maximum of six feet in width.
c. Posts or pilings shall be sunk five feet or less into the dune, so that wherever possible,
only the posts or pilings touch the dune.
d. Any areas of vegetation that are disturbed during construction shall be revegetated as
soon as feasible.
3. Seaward of the First Line of Stable Natural Vegetation, a small post-and-rope pathway may be
emplaced which follows the following design:
a.Posts must not be greater than 4x4 inches, should extend no deeper than 5 feet below
ground, and should maintain spacing of at least 7 feet between posts;
b.Posts should be installed by hand without the use of heavy equipment;
c.Only rope railings – no wooden or other railing systems will be allowed;
d.Rope railings should be at least 3 feet above ground in order to avoid sea turtle
interactions; and
e.Paths should be shore-perpendicular, should not extend more than 6 feet waterward of
planted vegetation, and should not obstruct recreation, access, or emergency vehicles.
The accessway shall conform with any applicable local or State building code standards.
4.Damaged, non-functioning, or portions of accessways that become non -compliant with the
previous condition shall be removed by the property owner.
5.The Permittee and/or the Permittee’s Authorized Agent shall be responsible for obtaining all
necessary authorizations, approvals, or zoning and building permits from the local government
having jurisdiction (Town of North Topsail Beach and/or Onslow County) prior to commencing
work.
This exemption to CAMA permit requirements does not alleviate the necessity of your obtaining any other
State, Federal or Local authorization and N.C. Building Permits. This exemption expires 90 days from the
date of the letter.
Sincerely,
Jonathan Lucas
NC Division of Coastal Management
400 Commerce Ave.,
Morehead City, NC 28557
Cc: Kate Winzler, Town of North Topsail Beach
Encl: Site drawing