1. 15A NCAC 07H.0308(a)(2) Temporary Erosion Control Structures Sandbags

2. Imminently Threatened Structures

3. Temporary Measures Beach nourishment Sandbags Beach pushing

4. Temporary measure to allow time for relocation or wait out a short-term erosion event Relocation? Wait and See?

5. Time Limits?

6. Permit Conditions Imminently threatened

7. Permit Conditions Imminently threatened 20 seaward limit

8. Permit Conditions Imminently threatened 20 seaward limit 20 extension beyond structure

9. Permit Conditions Imminently threatened 20 seaward limit 20 extension beyond structure 15 wide

10. Sandbag structures were to remain covered or be removed

11. Sandbag Use Homes

12. Sandbag Use Homes Hotels

13. Sandbag Use Homes Hotels Septic Systems

14. Sandbag Use Homes Hotels Septic Systems Roads

15. Sandbag Problems

16. Appearance

17. Sandbag Problems Appearance Blocked Access

18. Appearance Blocked Access Massive Structures Sandbag Problems

19. 15,000 linear of ocean shoreline protected by sand bags. Some structures in place more than 8 years. 1994 Inventory

20. Compliance with Standards

21. Non-compliance

22. 1995 Amendments Size,location,and burial Time Limit – 2-5 years Provision for beach nourishment projects Used one time per property

23. Removal and Extensions Hurricanes Variances

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

25. 2000 Petition for Rule Making Additional extension to 2006 Science panel recommends conforming to size limits Definition of actively pursuing beach nourishment CRC extends deadline to 2008

26. 2005 Sandbags not removed prior to beach nourishment

27. Covered but not vegetated

28. Varied Expiration Dates Along Structures

29. Large Structures Adjacent to Small Structures

31. Removal Issues: Buried Bags Intermittently Exposed Bags Combined Structures Varying Removal Dates Large (>5,000 sf) Structures Adjacent to Small Continued Beach Nourishment Studies

33. 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

34. 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.

35. 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.

37. 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.