15a ncac 07h.0308(a)(2) temporary erosion control structures sandbags

15A NCAC 07H .0308(a)(2)

Temporary Erosion Control Structures

Sandbags

Imminently Threatened Structures

Temporary Measures

Beach nourishmentSandbags

Beach pushing

Temporary measure to allow time for relocationor wait out a short-term erosion event

Relocation?

Wait and See?

Time Limits?

Permit Conditions

•Imminently threatened

Permit Conditions•Imminently threatened•20’ seaward limit

Permit Conditions•Imminently threatened•20’ seaward limit•20’ extension beyond structure

Permit Conditions

•Imminently threatened•20’ seaward limit•20’ extension beyond structure•15’ wide

Sandbag structures were to remain covered or be removed

Sandbag UseHomes

Sandbag Use

HomesHotels

Sandbag UseHomesHotelsSeptic Systems

Sandbag Use

HomesHotelsSeptic SystemsRoads

Sandbag Problems

Sandbag Problems•Appearance

Sandbag Problems•Appearance•Blocked Access

•Appearance•Blocked Access•Massive Structures

Sandbag Problems

15,000 linear of ocean shoreline protected by sand bags. Some structures in place more than 8 years.

1994 Inventory

Compliance with Standards

Non-compliance

1995 Amendments•Size,location,and burial•Time Limit – 2-5 years•Provision for beach nourishment projects•Used one time per property

Removal and Extensions•Hurricanes•Variances

Post Hurricane Floyd•Records indicate 141 subject to removal•Physical inventory reveals 236 permits

2000 Petition for Rule MakingAdditional extension to 2006Science panel recommends conforming to size limitsDefinition of actively pursuing beach nourishmentCRC extends deadline to 2008

2005

•Sandbags not removed prior to beach nourishment

•Covered but not vegetated

•Varied Expiration Dates Along Structures

•Large Structures Adjacent to Small Structures

Removal Issues:

Buried BagsIntermittently Exposed BagsCombined StructuresVarying Removal DatesLarge (>5,000 sf) Structures Adjacent to SmallContinued Beach Nourishment Studies

November 2007• CRC ultimately decides to enforce current rule.• DCM sends letters to 371 property owners notifying them of the May 1, 2008 deadline.

March 2008• DCM inventories sandbag structures.• Prioritize structures based on compliance with rules and impediment to beach access.• CRC denies Petition for Rulemaking that would allow special provisions for commercial structures.

May 2008• CRC denies second Petition for Rulemaking seeking to remove time limits.• Finds merit in provision for Inlet Hazard Areas

May 2008 cont.• DCM receives 29 sandbag variance requests.• CRC Comprehensive Beach Management Subcommittee recommends precluding use of sandbags under single family exemption. Considers alternate structure design.

July 2008• CRC amends rules.

Allows 8 years in IHA with inlet relocation. Removal when no longer needed. Allows use of sandbags multiple times. Additional “actively pursuing” criteria.

September 2008• DCM notifies 21 property owners that they have exceeded their time limits.

October 2008• CRC allows covered and vegetated sandbags exposed due to Sept storms to be recovered under Emergency GP.

January 2009• ALJ dismisses stay of enforcement by 18 recipients of sandbag removal letters.• DCM sends NOVs to property owners notified in Sept ‘08.

August 2009• Session Law 2009-479 (H709) establishes moratorium on removal of sandbags in communities pursuing beach nourishment or inlet relocation.• Moratorium does not prevent enforcement of other rule provisions.

COUNTY 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 TOTAL

Brun 7 10 13 10 13 1 0 2 3 10 2 3 6 3 71Cart 2 1 4 2 2 6 3 1 0 0 0 4 3 0 28Curri 1 1 1 0 0 0 0 2 0 0 0 0 0 0 5Dare 2 3 25 18 4 11 10 17 5 9 14 6 4 11 139New H 0 2 1 2 0 2 12 4 2 0 1 1 0 0 27

Onsl 3 3 0 0 0 4 0 0 1 0 1 0 0 0 12

Pend 10 4 0 1 1 0 0 0 0 0 0 0 0 0 16TOTAL 25 24 44 33 20 24 25 26 11 19 18 14 13 14 298

Sand Bag Permits 1996 - 2009

Assuming 61 structures permitted prior to 1996

10 structures removed in dare County.

298 structures permitted 1996 - 2009

Total Sand Bag Structures

Estimate a total of 349 sand bag structures.

Estimate 149 sand bag structures to be removed.