North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter H - STATE GUIDELINES FOR AREAS OF ENVIRONMENTAL CONCERN › Section .1500 - GENERAL PERMIT FOR EXCAVATION WITHIN OR CONNECTING TO EXISTING CANALS, CHANNELS, BASINS, OR DITCHES IN ESTUARINE WATERS, PUBLIC TRUST WATERS, AND COASTAL SHORELINE AECS › Section 07H .1505 - SPECIFIC CONDITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
Proposed maintenance excavation shall meet each of the
					 following specific conditions to be eligible for authorization by this general
					 permit.
(1) New basins shall be
				  allowed only when they are located entirely in highground and join existing
				  man-made canals or basins.
(2) New
				  basins shall be no larger than 50 feet in either length or width and no deeper
				  than the waters they join.
(3) New
				  basins shall be for the private non-commercial use of the land owner.
(4) Maintenance excavation shall involve the
				  removal of no more than 1,000 cubic yards of material as part of a single and
				  complete project.
(5) All excavated
				  material shall be placed entirely on high ground above the mean high tide or
				  ordinary high water line, and above any marsh, or other wetland.
(6) All spoil material shall be stabilized or
				  retained so as to prevent any excavated material from re-entering the
				  surrounding waters, marsh, or other wetlands.
(7) The proposed project shall not involve
				  the excavation of any marsh, submerged aquatic vegetation as defined at
				  15A NCAC
				  03I .0101 by the Marine Fisheries Commission,
				  or other wetlands.
(8) Maintenance
				  excavation shall not exceed the original dimensions of the canal, channel,
				  basin, or ditch and in no case be deeper than 6 feet below mean low water or
				  ordinary low water, nor deeper than connecting channels.
(9) Proposed excavation in existing channels
				  and basins shall not allow for a public or commercial use.
(10) Maintenance excavation as well as
				  excavation of new basins shall not be allowed within or with connections to
				  primary nursery areas without prior approval from the Division of Marine
				  Fisheries or Wildlife Resources Commission.
(11) Bulkheads shall be allowed as a
				  structural component on one or more sides of the permitted basin to stabilize
				  the shoreline from erosion.
(12)
				  The bulkhead shall not exceed a distance of two feet waterward of the normal
				  high water or normal water level at any point along its alignment.
(13) Bulkheads shall be constructed of vinyl
				  or steel sheet pile, concrete, stone, timber, or other materials approved by
				  the Division of Coastal Management.
(14) All backfill material shall be obtained
				  from an upland source pursuant to
				  15A NCAC
				  07H .0208. The bulkhead shall be constructed
				  prior to any backfilling activities and shall be constructed so as to prevent
				  seepage of backfill materials through the structure.
(15) Construction of bulkhead authorized by
				  this general permit in conjunction with bulkhead authorized under
				  15A NCAC
				  07H .1100 shall be limited to a combined
				  maximum shoreline length of 500 feet.
Authority
					 G.S.
					 113A-107(a),(b);
					 113A-108;
					 113A-113(b);
					 113A-118.1;
					 113-229(c1);
Eff. July 1, 1984;
Amended Eff. July 1, 2015; September 1, 1988;
					 December 1, 1987;
Readopted Eff. October 1,
					 2022.