North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter H - STATE GUIDELINES FOR AREAS OF ENVIRONMENTAL CONCERN › Section .2500 - EMERGENCY GENERAL PERMIT, TO BE INITIATED AT THE DISCRETION OF THE SECRETARY OF THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES FOR REPLACEMENT OF STRUCTURES, THE RECONSTRUCTION OF PRIMARY OR FRONTAL DUNE SYSTEMS, AND THE MAINTENANCE EXCAVATION OF EXISTING CANALS, BASINS, CHANNELS, OR DITCHES, DAMAGED, DESTROYED, OR FILLED IN BY HURRICANES OR TROPICAL STORMS, PROVIDED ALL REPLACEMENT, RECONSTRUCTION AND MAINTENANCE EXCAVATION ACTIVITIES CONFORM TO ALL CURRENT STANDARDS › Section 07H .2504 - GENERAL CONDITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) This permit
				  shall only become available following a written statement by the Secretary
				  that, based upon hurricane or tropical storm related damage, implementation of
				  the provisions of this Section are warranted.
(b) Based upon an examination of the specific
				  circumstances following a specific hurricane or tropical storm, the Secretary
				  may choose to activate any or all of the components of this Section. The
				  Secretary may also limit the geographic service area of this permit.
(c) This permit authorizes only the
				  replacement of damaged or destroyed structures, the reconstruction of frontal
				  or primary dunes, and maintenance excavation activities conforming to the
				  standards described in this Section.
(d) This permit does not authorize the
				  replacement of any structure within any Ocean Hazard Area of Environmental
				  Concern, with the exception of those portions of shoreline within the Ocean
				  Hazard AEC that feature characteristics of Estuarine Shorelines. Such features
				  include the presence of wetland vegetation, lower wave energy, and lower
				  erosion rates than in the adjoining Ocean Erodible Area.
(e) Individuals shall allow authorized
				  representatives of the Department of Environmental Quality to make inspections
				  at any time in order to be sure that the activity being performed under
				  authority of the general permit set forth in this Section is in accordance with
				  the terms and conditions prescribed herein.
(f) The permit set forth in this Section
				  shall not be applicable to proposed construction where the Department
				  determines that the proposed activity would endanger adjoining properties or
				  significantly affect historic, cultural, scenic, conservation, or recreational
				  values identified in
				  G.S.
				  113A-102 and
				  G.S
				  113A-113(b)(4).
(g) This permit does not eliminate the need
				  to obtain any other required State, local, or federal authorization.
(h) This permit does not preclude an
				  individual from applying for other authorizations for structure replacement
				  that may be available under the Coastal Area Management Act and the Rules of
				  the Coastal Resources Commission. However, application fees for any such
				  authorization shall not be waived or deferred.
Authority
					 G.S.
					 113A-107;
					 113A-118.1;
Temporary Adoption Eff. October 2, 1999;
Temporary Adoption Expired
					 on July 28, 2000;
Eff. April 1, 2001;
Readopted Eff.
					 July 1, 2022.