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CERTIFIED MAIL 7014 2120 0000 8055 4775



February 15, 2018

c/o Don Formyduval
P. O. Box 1219
Whiteville, NC 28472


CASE No. 18-08D

Dear Mr. Formyduval:

This letter confirms that on February 14, 2018, Courtney Spears, (Field Representative, with N. C.
Division of Coastal Management) and Tara MacPherson, (Field Specialist, with NCDCM) were at
the property located at the South End of Freeman Park, contiguous with the Atlantic Ocean, located
near Carolina Beach, in New Hanover County, North Carolina. The purpose of the visit was to
investigate unauthorized development consisting of the vegetative planting and installation of
wooden post and rope fence that impacts the public’s use of the dry sand beach.

No person may undertake development in a designated Area of Environmental Concern (AEC)

without first obtaining a permit or authorization in accordance with the Coastal Area Management
Act (CAMA) from the North Carolina Department of Environmental Quality, per North Carolina
General Statutes (N.C.G.S.) §113A-118. Furthermore, all development activities carried out in an
AEC must be performed in accordance with the permitted plan of development and as described
in the CAMA permit.

Information gathered by DCM Staff shows the installation of an unauthorized post and rope fence
in an area measuring approximately 1,938 feet in length and varying in width from 50 feet to 150
feet waterward from the toe of the frontal dune, encompassing a total area of approximately
193,800 ft² of the dry sand beach. This unauthorized development took place within the Ocean
Hazard and Public Trust AECs, which are contiguous with the Atlantic Ocean.

This unauthorized development is also inconsistent with several state rules developed by the NC
Coastal Resources Commission, including:
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- Use Standards for Ocean Hazard Area: Exceptions: “In all cases this development shall be
permitted only if it is landward of the vegetation line” (15A NCAC 07H.0309, see also
- “It is the objective of the Coastal Resources Commission to protect present common-law and
statutory public rights of access to and use of the lands and waters of the coastal area” (15A
NCAC 07H .0303(b));
- “Established common law and statutory public rights of access to and use of public trust lands
and waters in the ocean hazard areas shall not be eliminated or restricted. Development shall
not encroach upon public accessways, nor shall it limit the intended use of accessways” (15A
NCAC 07H .0306(a)(10));
- “Activities to establish dunes shall be allowed so long as the following conditions are met: (2)
Existing primary and frontal dunes shall not, except for beach nourishment and emergency
situations, be broadened or extended in an oceanward direction” (15A NCAC 07H .0308(b)(2))

Sand fencing is allowed in accordance with 15ANCAC 07H.0308(b) and 7H.0309(a)(8); however,
it must meet the standards set forth in 15A NCAC 07H.0311(b) and 15A NCAC 07K.0212(2)
which state: “sand fencing shall not impede existing public access to the beach, recreational use of
the beach, or emergency vehicle access. Sand fencing shall not be installed in a manner that
impedes or restricts established common law and statutory right of public access and use of the
public trust lands and waters.” Sand fencing is further limited under 07K.0212(c) to a maximum
distance of 10 feet waterward of the toe of the frontal dune and should follow the other
specifications within these regulations.

No further unauthorized work may proceed until a CAMA permit or authorization is issued, and
the continuation of unauthorized work may constitute a violation of the Act and may result in

It is hereby requested that all unauthorized post and rope fence be removed immediately and in no
case later that Monday, February 19, 2018.

Thank you for your time and cooperation in resolving this important matter. The relevant statutes
and regulations are available from this office, and I am willing to assist you in complying with the
requirements of these laws.


Debra D. Wilson
District Manager, NC Division of Coastal Management

Cc: Braxton Davis, Director, NC Division of Coastal Management

Roy Brownlow, Division Compliance and Enforcement Coordinator, DCM
Tara MacPherson, District Compliance and Enforcement Representative, DCM
Liz Hair, USACE
Christine Goebel, Assistant General Counsel, DEQ
Michael Cramer, Town of Carolina Beach
Layton Bedsole, New Hanover County

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