Variance Request by Shell Island Resort Homeowners Association

Memorandum From DCM to CRC January 16, 1997

Currently the erosion escarpment, near Shell Island Resort, is some 65 - 70 feet from the foundation of the Resort.

On December 20, 1996, the Shell Island Homeowners Association, Inc. applied for an emergency permit to install a sandbag revetment to protect the Resort.

The revetment would be composed of long sand-filled tubes. It would be 40 feet from the Resort's foundation and extend approximately 30 feet past the northwest end of the Resort. It would have a base width of 54 feet and be 16 feet high.

The application was denied by the Division of Coastal Management on the grounds that the proposed sandbag revetment exceeded the parameters for temporary erosion control structures set forth in CRC's rules.

The attached petition is for a variance from the size, height and distance requirements of the CRC's sandbag rules.

The petitioner has agreed to post a bond or letter of credit to provide assurance that the revetment will be removed after the five year permitted period.

The petitioner has also agreed to a permit condition whereby he/she will remove the revetment if it increases the erosion rate on the beaches extending a half mile south.

DCM supports the variance request.

Stipulated Facts - Attachment B to Variance Request January 16, 1997

As of November 26, 1996, the inlet shoreline was within approximately 90 feet of the foundation of the Resort.

In January 1996, the Coastal Resources Commission denied the petitioner's variance request to place a steel sheet pile "inlet migration barrier" adjacent to the inlet. In July 1996, the Commission denied a variance request by New Hanover County to place a temporary sandbag revetment at the site. In September 1996, the Commission denied a variance request by New Hanover County and the Town of Wrightsville Beach to place a smaller and re-engineered temporary sandbag revetment at the site.

On December 23, 1996, the petitioner with the joinder of the Town of Wrightsville Beach and the County of New Hanover received a CAMA minor Development permit from DCM for the placement of 9,000 cubic yards of beach compatible sand to create a dune feature along 350 feet of the southern portion of Mason's Inlet that was destroyed by Hurricane Fran.

Since November 18, 1996, and pursuant to CAMA Bulldozing permit No. 94-003, the petitioner has been bulldozing sand at the northeastern portion of the property to restore certain dunes lost during Hurricane Fran. Because of the scour and the overwash of the inlet, the bulldozing has been an almost continuous project to replace the portion of the dune lost each day and each week.

On January 8, 1997, a substantial portion of the dune was lost to the inlet.

The emergency sandbag revetment which is now being constructed pursuant to CAMA General permit No. 016606 will be located immediately seaward of the present escarpment and will require removal of part of the dune created pursuant to the beach bulldozing permit.

As of January 15, 1997, the dune was approximately 15.5 feet above mean sea level.

On December 20, 1996, the petitioner submitted an Emergency General Permit application for construction of a smaller and re-engineered temporary sandbag revetment.

Formal notice that the permit was denied was given on December 23, 1996 by the Assistant Director of DCM because it was inconsistent with 15A NCAC 7H.1705(a)(5) and (10); and 7H.0308(a)(2)(E) and (J). These rules define allowable location and design parameters for temporary sandbag revetments.

The proposed revetment would be composed of long sand-filled tubes. The length of the structure is approximately 410 feet, with placement of the tubes beginning 40 feet from the building foundation. It would have a base width of approximately 54 feet and would extend vertically from -8 to +8 feet NGVD, or 16 feet in total. It would extend 30 feet, at the most, past the sides of the building.

According to a professional engineer, the sandbag revetment is required to be designed as proposed in order to provide protection to the resort foundation for the next 12 - 18 months.

Shell Island Homeowners Association, Inc. together with Figure 8 Beach Homeowners Association , Inc. pursuant to its joint venture, will bear the total cost of the inlet relocation project.

The location of the sand bags will either be within property owned by the Town of Wrightsville Beach or Shell Island Homeowners Association, Inc.

In October 1996 and following Hurricane Fran, the petitioner entered into a joint venture with Figure 8 Beach Homeowners Association, Inc. for the purpose of pursuing the permanent solution of relocating Mason's Inlet northward to its approximate 1980 location.

The petitioner is taking steps to implement the long-term solution within the next 12 to 18 months. An environmental assessment has already been prepared on behalf of the two Associations and has been submitted to DCM for its initial review and comment. Additionally, a dredging permit application has been prepared on behalf of the two Associations and will be submitted at the proper time.

An emergency CAMA General permit for sandbags was requested by Shell Island Homeowners Association, Inc. on January 9, 1997. Construction under this emergency permit began on January 13, 1997 and is expected to be completed on or about January 27, 1997. The emergency revetment will extend 20 feet laterally beyond each side of the building, the base width will be 20 feet, and the height will be 6 feet, all is allowed by the CRC's rules.

The petitioner has modified its permit application as follows:

1. The sandbags will be removed by the applicant five years after the date of the permit, unless the Division determine that it is covered with vegetation.

2. The petitioner agrees to obtain a credit letter or bond for $50,000 that ensures the revetment will be removed.

3. The petitioner will monitor the sandbags and will report on their conditions semi-annually to the division. The petitioner agrees to remove the revetment within 30 days after being requested to by the Division.

4. The petitioner will monitor the erosion rate on the inlet and the oceanfront adjacent to Shell Island Resort.

After weathering two hurricanes in 1996 and a severe storm on January 8, 1997, the erosion escarpment is less than 70 feet from the building.

© 1998, Alec M. Bodzin and Janine Kube for the Science Junction, NC State University. All rights reserved.

| Teacher Terminal  | Science Junction  | NC State University |