reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter J - PROCEDURES FOR PROCESSING AND ENFORCEMENT OF MAJOR AND MINOR DEVELOPMENT PERMITS, VARIANCE REQUESTS, APPEALS FROM PERMIT DECISIONS, DECLARATORY RULINGS, AND STATIC LINE EXCEPTIONS › Section .0600 - DECLARATORY RULINGS AND PETITIONS FOR RULEMAKING › Section 07J .0602 - PROCEDURE FOR REQUESTING DECLARATORY RULINGS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All
				  requests for a declaratory ruling shall be filed with the Director, Division of
				  Coastal Management, Department of Environmental Quality (DEQ), 400 Commerce
				  Avenue, Morehead City NC 28557, and also the Attorney General's Office, 9001
				  Mail Service Center, Raleigh NC 27699-9001. All requests shall include the
				  following: the aggrieved person's name and address; the rule, statute or order
				  for which a ruling is desired; and a statement as to whether the request is for
				  a ruling on the validity of a rule or on the applicability of a rule, order or
				  statute; and certified mail receipts showing the request was sent to the owners
				  of property adjacent to the property that is the subject of the declaratory
				  ruling.
(b) A request for a ruling
				  on the applicability of a rule, order, or statute shall include a description
				  of the factual situation on which the ruling is to be based. A request for a
				  ruling on the validity of a Commission rule shall state the aggrieved person's
				  reasons for questioning the validity of the rule. A person may ask for both
				  types of rulings in a single request. A request for a ruling shall include or
				  be accompanied by:
(1) a statement of facts
				  proposed for adoption by the Commission; and
(2) a draft of the proposed ruling.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter J - PROCEDURES FOR PROCESSING AND ENFORCEMENT OF MAJOR AND MINOR DEVELOPMENT PERMITS, VARIANCE REQUESTS, APPEALS FROM PERMIT DECISIONS, DECLARATORY RULINGS, AND STATIC LINE EXCEPTIONS › Section .0600 - DECLARATORY RULINGS AND PETITIONS FOR RULEMAKING › Section 07J .0603 - PROCEDURES: CONSIDERING REQUESTS FOR DECLARATORY RULINGS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Commission hereby delegates to the
				  Chairman the authority to grant or deny requests for declaratory rulings and to
				  determine whether notice of the declaratory ruling request should be provided
				  to anyone other than the adjacent property owners. The Division of Coastal
				  Management shall review each request for a declaratory ruling and shall prepare
				  a recommendation for the Chairman as to whether the Commission should consent
				  to issue a ruling or whether for good cause the request for a declaratory
				  ruling should be denied. The Chairman shall deny a request for declaratory
				  ruling on finding that:
(1) the requesting
				  party and the Division of Coastal Management cannot agree on a set of
				  stipulated facts to support a ruling;
(2) the matter is the subject of a pending
				  contested case hearing; or
(3) no
				  genuine controversy exists as to the application of a statute or rule to a
				  proposed project or activity.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter J - PROCEDURES FOR PROCESSING AND ENFORCEMENT OF MAJOR AND MINOR DEVELOPMENT PERMITS, VARIANCE REQUESTS, APPEALS FROM PERMIT DECISIONS, DECLARATORY RULINGS, AND STATIC LINE EXCEPTIONS › Section .0600 - DECLARATORY RULINGS AND PETITIONS FOR RULEMAKING › Section 07J .0604 - FEDERAL ACTIVITIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) At the request
				  of any federal agency or of any state or local co-sponsor of a federal project
				  with the written concurrence of the federal agency, the Commission shall issue
				  a declaratory ruling concerning the consistency of a proposed federal activity
				  with North Carolina's coastal management statutes and regulations unless the
				  Chairman determines that no genuine controversy exists as to the application of
				  a statute or rule to a proposed federal activity.
(b) The request for ruling shall include:
(1) a statement identifying the rule, statute
				  or order at issue;
(2) certified
				  mail receipts indicating that notice of the request for ruling was sent to the
				  owners of property adjacent to the property on which the proposed federal
				  activity will take place;
(3) a
				  statement of facts proposed for adoption by the Commission and any documentary
				  evidence supporting the proposed statement of facts;
(4) a draft of the proposed ruling;
(5) a statement indicating that the Division
				  of Coastal Management has preliminarily determined that the project may be
				  inconsistent with a coastal management statute or regulation; and
(6) a statement identifying the factual
				  issues in dispute between the Department and the federal agency.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter J - PROCEDURES FOR PROCESSING AND ENFORCEMENT OF MAJOR AND MINOR DEVELOPMENT PERMITS, VARIANCE REQUESTS, APPEALS FROM PERMIT DECISIONS, DECLARATORY RULINGS, AND STATIC LINE EXCEPTIONS › Section .0600 - DECLARATORY RULINGS AND PETITIONS FOR RULEMAKING › Section 07J .0605 - PETITIONS FOR RULEMAKING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any
				  person wishing to request the adoption, amendment, or repeal of a rule shall
				  make this request in a petition addressed to the Division of Coastal
				  Management. The petition shall specify it is filed pursuant to
				  G.S.
				  150B-20 and shall contain the following
				  information:
(1) either a draft of the
				  proposed rule or a summary of its contents;
(2) a statement of reasons for adoption of
				  the proposed rule(s);
(3) a
				  statement of the effect on existing rules or orders;
(4) any data in support of the proposed
				  rule(s);
(5) a statement of the
				  effect of the proposed rule on existing practices; and
(6) the name and address of the
				  petitioner.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter J - PROCEDURES FOR PROCESSING AND ENFORCEMENT OF MAJOR AND MINOR DEVELOPMENT PERMITS, VARIANCE REQUESTS, APPEALS FROM PERMIT DECISIONS, DECLARATORY RULINGS, AND STATIC LINE EXCEPTIONS › Section .0700 - PROCEDURES FOR CONSIDERING VARIANCE PETITIONS › Section 07J .0701 - VARIANCE PETITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any person
				  whose application for a CAMA major or minor development permit has been denied
				  or issued with condition(s) that the person does not agree with may petition
				  for a variance from the Commission by means of the procedure described in this
				  Section. Before filing a petition for a variance from a rule of the Commission,
				  the person must seek relief from local requirements restricting use of the
				  property, and there must not be pending litigation between the petitioner and
				  any other person which may make the request for a variance moot.
(b) The procedure in this Section shall be
				  used for all variance petitions except when:
(1) the Commission determines that more facts
				  are necessary; or
(2) there are
				  controverted facts that are necessary for a decision on the variance
				  petition.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter J - PROCEDURES FOR PROCESSING AND ENFORCEMENT OF MAJOR AND MINOR DEVELOPMENT PERMITS, VARIANCE REQUESTS, APPEALS FROM PERMIT DECISIONS, DECLARATORY RULINGS, AND STATIC LINE EXCEPTIONS › Section .0700 - PROCEDURES FOR CONSIDERING VARIANCE PETITIONS › Section 07J .0702 - STAFF REVIEW OF VARIANCE PETITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  Division of Coastal Management, as staff to the Commission, shall review
				  petitions to determine whether they are complete according to the requirements
				  set forth in Rule .0701. Incomplete petitions and a description of the
				  deficiencies shall be returned to the petitioner. Complete variance petitions
				  shall be scheduled within two Commission meetings.
(b) The staff and the petitioner shall
				  determine the facts that are relevant to the Commission's consideration of the
				  variance petition. For all facts upon which staff and the petitioner agree, a
				  document entitled Stipulated Facts shall be prepared and signed by both
				  parties.
(c) After the facts agreed
				  upon by the petitioner and staff, the staff shall prepare a written
				  recommendation which shall be submitted to the Commission before the petition
				  is considered. The staff recommendation shall include:
(1) a description of the property in
				  question;
(2) a description of how
				  the use of the property is restricted or otherwise affected by the applicable
				  rules;
(3) the Stipulated
				  Facts;
(4) staff's position on
				  whether the petition meets or does not meet each of the requirements for a
				  variance; and
(5) petitioner's
				  position on each of the variance criteria.
Copies of the staff recommendation shall be provided to the
					 petitioner and the permit officer making the initial permit decision at the
					 same time as it is provided to the Commission. If the Stipulated Facts are not
					 agreed upon at least four weeks prior to a scheduled Coastal Resources
					 Commission meeting, the variance petition shall be considered at the next
					 scheduled Commission meeting.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter J - PROCEDURES FOR PROCESSING AND ENFORCEMENT OF MAJOR AND MINOR DEVELOPMENT PERMITS, VARIANCE REQUESTS, APPEALS FROM PERMIT DECISIONS, DECLARATORY RULINGS, AND STATIC LINE EXCEPTIONS › Section .0700 - PROCEDURES FOR CONSIDERING VARIANCE PETITIONS › Section 07J .0703 - PROCEDURES FOR DECIDING VARIANCE PETITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  Commission may review the variance petition and staff recommendation and hear
				  oral presentation by the petitioner, if any, in full session or may appoint a
				  member or members to do so. In cases where a member or members are appointed,
				  they shall report a summary of the facts and a recommended decision to the
				  Commission.
(b) The Commission or
				  its appointed member or members shall be provided with copies of the petition,
				  the stipulated facts, and the staff recommendation before considering the
				  petition.
(c) At the Commission's
				  request, staff shall orally describe the petition to the Commission or its
				  appointed member(s) and shall present comments concerning whether the
				  Commission should make the findings necessary for granting the variance. The
				  petitioner shall also be allowed to present oral arguments concerning the
				  petition. The Commission may set time limits on such oral
				  presentations.
(d) The final
				  decision of the Commission may be made at the meeting at which the matter is
				  heard or in no case later than the next scheduled meeting. The final decision
				  shall be transmitted to the petitioner by certified mail, return receipt
				  requested within 30 days of the meeting at which the Commission reached its
				  decision. In the event that the Commission cannot reach a final decision
				  because it determines that more facts are necessary, it shall remand the matter
				  to staff and the petitioner with instructions for the parties to either agree
				  to the necessary fact(s) or to request a hearing in the Office of
				  Administrative Hearings.
(e) Final
				  decisions concerning variance petitions shall be made by concurrence of a
				  majority of a quorum of the Commission.
Authority
					 G.S.
					 113A-120.1;
					 113A-124;
Eff.
					 December 12, 1979;
Amended Eff. December 1, 1991; March 3,
					 1981;
Temporary Amendment Eff. December 20, 2001;
Temporary Amendment Expired October 12, 2002;
Temporary Amendment
					 Eff. December 1, 2002;
Amended Eff. March 1, 2009; August 1,
					 2004;
Readopted Eff. October 1,
					 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter J - PROCEDURES FOR PROCESSING AND ENFORCEMENT OF MAJOR AND MINOR DEVELOPMENT PERMITS, VARIANCE REQUESTS, APPEALS FROM PERMIT DECISIONS, DECLARATORY RULINGS, AND STATIC LINE EXCEPTIONS › Section .0800 - DREDGE AND FILL: PERMIT PROCESSING PROCEDURE: STANDARD › Section 07J .0801-0822

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113A-118(c);
					 113A-119(a);
					 113A-124(c)(5);
					 113-229;
Eff.
					 February 1, 1976;
Amended Eff. January 1, 1984; August 1, 1983;
					 October 15, 1981; August 30, 1980;
Repealed Eff. July 1,
					 1989.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter J - PROCEDURES FOR PROCESSING AND ENFORCEMENT OF MAJOR AND MINOR DEVELOPMENT PERMITS, VARIANCE REQUESTS, APPEALS FROM PERMIT DECISIONS, DECLARATORY RULINGS, AND STATIC LINE EXCEPTIONS › Section .0900 - DREDGE AND FILL: EMERGENCY PERMIT PROCEDURE › Section 07J .0901-0907

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113A-103(5)b.5;
					 113A-118 1.c.; 113-229
					 (e1);
Eff. February 1, 1976;
Amended Eff. December 1,
					 1985; August 1, 1983; September 8, 1980; July 31, 1980;
Repealed
					 Eff. July 1, 1989.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter J - PROCEDURES FOR PROCESSING AND ENFORCEMENT OF MAJOR AND MINOR DEVELOPMENT PERMITS, VARIANCE REQUESTS, APPEALS FROM PERMIT DECISIONS, DECLARATORY RULINGS, AND STATIC LINE EXCEPTIONS › Section .0900 - DREDGE AND FILL: EMERGENCY PERMIT PROCEDURE › Section 07J .0908-0909

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113A-118 1.c.; 113A-119;
					 113A-229(e1);
Eff. September 8, 1980;
Amended Eff.
					 December 1, 1985; September 1, 1983; August 1, 1983;
Repealed Eff.
					 July 1, 1989.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter J - PROCEDURES FOR PROCESSING AND ENFORCEMENT OF MAJOR AND MINOR DEVELOPMENT PERMITS, VARIANCE REQUESTS, APPEALS FROM PERMIT DECISIONS, DECLARATORY RULINGS, AND STATIC LINE EXCEPTIONS › Section .1000 - DREDGE AND FILL: REVIEW HEARING PROCEDURES › Section 07J .1001-1003

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113-229; 150B, Article 3;
					 150B-26;
Eff. February 1, 1976;
Amended Eff. December
					 1, 1982; August 30, 1980;
Repealed Eff. July 1,
					 1989.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter J - PROCEDURES FOR PROCESSING AND ENFORCEMENT OF MAJOR AND MINOR DEVELOPMENT PERMITS, VARIANCE REQUESTS, APPEALS FROM PERMIT DECISIONS, DECLARATORY RULINGS, AND STATIC LINE EXCEPTIONS › Section .1000 - DREDGE AND FILL: REVIEW HEARING PROCEDURES › Section 07J .1004-1024

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113-229;
					 150B-23 through
					 150B-28;
150B-31
					 through 150B-36; 150B-43;
Eff. February 1, 1976;
Amended Eff. August 30, 1980; January 1, 1979;
Repealed Eff.
					 December 1, 1982.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter J - PROCEDURES FOR PROCESSING AND ENFORCEMENT OF MAJOR AND MINOR DEVELOPMENT PERMITS, VARIANCE REQUESTS, APPEALS FROM PERMIT DECISIONS, DECLARATORY RULINGS, AND STATIC LINE EXCEPTIONS › Section .1100 - GENERAL PERMIT PROCEDURE › Section 07J .1101 - PURPOSE

Current through Register Vol. 39, No. 2, July 15, 2024
The purpose of this Section is to establish a procedure for
					 issuing general permits for development having insignificant impacts on areas
					 of environmental concern and which should not require public review and
					 comment. These Rules are established according to
					 G.S.
					 113A-118.1 and
					 G.S.
					 113-229(C)(1) and will apply
					 to projects requiring either Dredge and Fill and/or CAMA Major or Minor
					 development permits. The CRC may, after following the procedures set forth in
					 these Rules, issue general permits for certain catagories of development which
					 require Dredge and Fill and/or CAMA Major or Minor development permits. After a
					 general permit is issued, individual activities falling within these categories
					 may be further authorized by the procedures set forth in these
					 Rules.
Authority
					 G.S.
					 113A-107;
					 113A-118.1;
					 113-229(c1);
Eff. September 1, 1983;
Amended Eff. December 1, 1991;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6,
					 2018.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter J - PROCEDURES FOR PROCESSING AND ENFORCEMENT OF MAJOR AND MINOR DEVELOPMENT PERMITS, VARIANCE REQUESTS, APPEALS FROM PERMIT DECISIONS, DECLARATORY RULINGS, AND STATIC LINE EXCEPTIONS › Section .1100 - GENERAL PERMIT PROCEDURE › Section 07J .1102 - CATEGORIES OF DEVELOPMENT

Current through Register Vol. 39, No. 2, July 15, 2024
The Commission shall include as candidates for general
					 permits only those activities that are substantially similar in nature that
					 cause only minimal adverse environmental impacts when performed separately, and
					 that will have only a minimal adverse cumulative effect on the environment. In
					 identifying these categories, the Commission shall consider:
(1) the size of the development;
(2) the impact of the development on areas of
				  environmental concern;
(3) how
				  often the class of development is carried out;
(4) the need for on-site oversight of the
				  development; and
(5) the need for
				  public review and comment on individual development projects.
Authority
					 G.S.
					 113A-107;
					 113A-118.1;
					 113A-124(c)(5);
					 113-229(c)(1);
Eff. September 1, 1983;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6,
					 2018.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter J - PROCEDURES FOR PROCESSING AND ENFORCEMENT OF MAJOR AND MINOR DEVELOPMENT PERMITS, VARIANCE REQUESTS, APPEALS FROM PERMIT DECISIONS, DECLARATORY RULINGS, AND STATIC LINE EXCEPTIONS › Section .1100 - GENERAL PERMIT PROCEDURE › Section 07J .1103 - DESIGNATION PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
The staff shall prepare all information needed to establish
					 each category of general permit. This may include a generic description of the
					 development, anticipated cumulative impacts, projected number of individual
					 projects, and permit histories. The staff shall prepare a draft permit to
					 include a clear and accurate description of the development to be authorized,
					 implementation or processing procedures, general conditions, and special
					 conditions. The draft permit shall be reviewed and issued according to
					 provisions in in
					 G.S.
					 113A-107.
Recommendations for consideration of specific activities
					 for inclusion in a general permit category may be made in writing to the
					 Commission by any individual, organization, or agency. The Commission will
					 assign the request to the staff for evaluation according to the procedures of
					 this Rule within 90 days of its receipt.
Authority
					 G.S.
					 113A-107;
					 113A-118.1;
					 113A-124(c)(5);
					 113-229(c)(1);
Eff. September 1, 1983;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6,
					 2018.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter J - PROCEDURES FOR PROCESSING AND ENFORCEMENT OF MAJOR AND MINOR DEVELOPMENT PERMITS, VARIANCE REQUESTS, APPEALS FROM PERMIT DECISIONS, DECLARATORY RULINGS, AND STATIC LINE EXCEPTIONS › Section .1100 - GENERAL PERMIT PROCEDURE › Section 07J .1104 - PERMIT MODIFICATION

Current through Register Vol. 39, No. 2, July 15, 2024
The Commission may modify at any time any category of
					 general permit. Modification shall be made according to the provisions of
					 G.S.
					 113A-107. The Commission may also revoke any
					 general permit at any time according to the provisions of
					 G.S.
					 113A-107 if it is determined that the permit
					 is no longer in the public interest.
Authority
					 G.S.
					 113A-107;
					 113A-118.1;
					 113A-124(c)(5);
					 113-229(c)(1);
Eff. September 1, 1983;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6,
					 2018.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter J - PROCEDURES FOR PROCESSING AND ENFORCEMENT OF MAJOR AND MINOR DEVELOPMENT PERMITS, VARIANCE REQUESTS, APPEALS FROM PERMIT DECISIONS, DECLARATORY RULINGS, AND STATIC LINE EXCEPTIONS › Section .1100 - GENERAL PERMIT PROCEDURE › Section 07J .1105 - APPLICATION PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
Authorization to initiate development covered by the
					 general permit shall comply with the procedures outlined in each permit. The
					 procedures shall be established to explain in detail the application process,
					 notification requirements, and permit fees.
Authority
					 G.S.
					 113A-107;
					 113A-118.1;
					 113-229(c2);
Eff. September 1, 1983;
Readopted Eff. December 1,
					 2021.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter J - PROCEDURES FOR PROCESSING AND ENFORCEMENT OF MAJOR AND MINOR DEVELOPMENT PERMITS, VARIANCE REQUESTS, APPEALS FROM PERMIT DECISIONS, DECLARATORY RULINGS, AND STATIC LINE EXCEPTIONS › Section .1100 - GENERAL PERMIT PROCEDURE › Section 07J .1106 - PERMIT CONDITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
Each general permit shall have a set of general and
					 specific conditions. Additionally, the Division of Coastal Management may add
					 conditions to each instrument of authorization if necessary to protect the
					 public interest. The Division of Coastal Management may, on a case-by-case
					 basis, override the general permit and require an individual application and
					 review if this individual review is deemed to be in the public interest.
					 Provisions for individual review by State agencies of requests for general
					 permit authorization may be made for each category if this review is deemed
					 necessary to protect coastal resources or other aspects of public
					 interest.
Authority
					 G.S.
					 113A-107;
					 113A-118.1;
					 113-229(c2);
					 113-229(e);
					 113A-120(b);
Eff. September 1, 1983;
Readopted Eff. December 1,
					 2021.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter J - PROCEDURES FOR PROCESSING AND ENFORCEMENT OF MAJOR AND MINOR DEVELOPMENT PERMITS, VARIANCE REQUESTS, APPEALS FROM PERMIT DECISIONS, DECLARATORY RULINGS, AND STATIC LINE EXCEPTIONS › Section .1100 - GENERAL PERMIT PROCEDURE › Section 07J .1107 - PERMIT COMPLIANCE

Current through Register Vol. 39, No. 2, July 15, 2024
All development authorized through the general permit must
					 be done in compliance with all conditions listed on the permit. Development
					 undertaken without a Coastal Area Management Act or Dredge and Fill permit or
					 in violation of permit conditions or failure to comply with operational permit
					 conditions shall be a violation subject to the penalties set out in
					 G.S.
					 113A-126 or
					 G.S.
					 113-229.
Authority
					 G.S.
					 113A-107;
					 113A-118.1;
					 113-229(c2);
Eff. September 1, 1983;
Amended Eff. March 1, 1985;
Readopted Eff. December 1, 2021.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter J - PROCEDURES FOR PROCESSING AND ENFORCEMENT OF MAJOR AND MINOR DEVELOPMENT PERMITS, VARIANCE REQUESTS, APPEALS FROM PERMIT DECISIONS, DECLARATORY RULINGS, AND STATIC LINE EXCEPTIONS › Section .1100 - GENERAL PERMIT PROCEDURE › Section 07J .1108 - GENERAL PERMIT REVIEW

Current through Register Vol. 39, No. 2, July 15, 2024
The Commission shall review each category of general permit
					 on an annual basis. This review shall include compilation and evaluation of the
					 number of projects approved in each category and the impacts of these projects.
					 The Commission may modify or revoke any permit subject to this review according
					 to the provisions of Rule .1104 of this Section. A written summary of this
					 review shall be sent to each state and federal agency included in the normal
					 permit review process.
Authority
					 G.S.
					 113A-107;
					 113A-118.1;
					 113-229(c1);
Eff. September 1, 1983;
Amended Eff. December 1, 1991;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6,
					 2018.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter J - PROCEDURES FOR PROCESSING AND ENFORCEMENT OF MAJOR AND MINOR DEVELOPMENT PERMITS, VARIANCE REQUESTS, APPEALS FROM PERMIT DECISIONS, DECLARATORY RULINGS, AND STATIC LINE EXCEPTIONS › Section .1200 - BEACH MANAGEMENT PLAN APPROVAL PROCEDURES › Section 07J .1201 - BEACH MANAGEMENT PLAN APPROVAL

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A
				  petitioner subject to a pre-project vegetation line pursuant to
				  15A NCAC
				  07H .0305 may petition the Coastal Resources
				  Commission to approve a Beach Management Plan in accordance with the provisions
				  of this Section. A "petitioner" shall be defined as:
(1) Any local government;
(2) Any group of local governments involved
				  in a regional beach fill project; or
(3) Any qualified homeowner's association
				  defined in
				  G.S.
				  47F-1-103(3) that has the
				  authority to approve the locations of structures on lots within the territorial
				  jurisdiction of the association, and has jurisdiction over at least one mile of
				  ocean shoreline.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter J - PROCEDURES FOR PROCESSING AND ENFORCEMENT OF MAJOR AND MINOR DEVELOPMENT PERMITS, VARIANCE REQUESTS, APPEALS FROM PERMIT DECISIONS, DECLARATORY RULINGS, AND STATIC LINE EXCEPTIONS › Section .1200 - BEACH MANAGEMENT PLAN APPROVAL PROCEDURES › Section 07J .1202 - REVIEW OF THE BEACH MANAGEMENT PLAN APPROVAL REQUEST

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  The Petitioner shall provide a summary of the Beach Management Plan to be
				  presented to the Coastal Resources Commission. This summary shall include all
				  of the elements required in
				  15A NCAC
				  07J .1201.
(b) The Division of Coastal Management shall
				  provide the Commission a review of the Beach Management Plan including a
				  recommendation to grant or deny the request. The Division shall provide the
				  petitioner requesting the approval of a Beach Management Plan an opportunity to
				  review the recommendation prepared by the Division of Coastal Management no
				  less than 10 days prior to the meeting at which it is to be considered by the
				  Coastal Resources Commission.
Authority
					 G.S.
					 113A-107;
					 113A-113(b)(6);
					 113A-124;
Eff. March
					 23, 2009;
Readopted Eff. September 1, 2021;
Amended
					 Eff. August 1, 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter J - PROCEDURES FOR PROCESSING AND ENFORCEMENT OF MAJOR AND MINOR DEVELOPMENT PERMITS, VARIANCE REQUESTS, APPEALS FROM PERMIT DECISIONS, DECLARATORY RULINGS, AND STATIC LINE EXCEPTIONS › Section .1200 - BEACH MANAGEMENT PLAN APPROVAL PROCEDURES › Section 07J .1203 - PROCEDURES FOR APPROVING A BEACH MANAGEMENT PLAN

Current through Register Vol. 39, No. 2, July 15, 2024
(a) At
				  the meeting at which approval of a Beach Management Plan is considered by the
				  Coastal Resources Commission, the following shall occur:
(1) The Petitioner shall orally present a
				  summary of the Beach Management Plan described in
				  15A NCAC
				  07J .1202; and
(2) The Division of Coastal Management shall
				  orally present its review of the Beach Management Plan and its recommendation
				  to grant or deny the approval request.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter J - PROCEDURES FOR PROCESSING AND ENFORCEMENT OF MAJOR AND MINOR DEVELOPMENT PERMITS, VARIANCE REQUESTS, APPEALS FROM PERMIT DECISIONS, DECLARATORY RULINGS, AND STATIC LINE EXCEPTIONS › Section .1200 - BEACH MANAGEMENT PLAN APPROVAL PROCEDURES › Section 07J .1205 - REVOCATION AND EXPIRATION OF BEACH MANAGEMENT PLAN APPROVAL

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Beach Management Plan approval shall be
				  revoked if the Coastal Resources Commission determines, after the review of the
				  petitioner's progress report identified in
				  15A NCAC
				  07J .1204, that any of the criteria under
				  which the Beach Management Plan is authorized, as defined in
				  15A NCAC
				  07J .1201(d)(1) through
				  (d)(4), are not being met.
(b) In the event a progress report is not
				  received by the Division of Coastal Management five years from either the
				  initial approval of the Beach Management Plan or the previous progress report,
				  the Beach Management Plan approval shall be revoked automatically at the end of
				  the five-year interval defined in
				  15A NCAC
				  07J .1204(b) for which the
				  progress report was not received.
(c) The revocation or expiration of a Beach
				  Management Plan approval shall be a final agency decision and is subject to
				  judicial review in accordance with
				  G.S.
				  113A-123.
Authority
					 G.S.
					 113A-107;
					 113A-113(b)(6);
					 113A-124;
Eff. March
					 23, 2009;
Readopted Eff. September 1, 2021;
Amended
					 Eff. August 1, 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter J - PROCEDURES FOR PROCESSING AND ENFORCEMENT OF MAJOR AND MINOR DEVELOPMENT PERMITS, VARIANCE REQUESTS, APPEALS FROM PERMIT DECISIONS, DECLARATORY RULINGS, AND STATIC LINE EXCEPTIONS › Section .1200 - BEACH MANAGEMENT PLAN APPROVAL PROCEDURES › Section 07J .1206 - LOCAL GOVERNMENTS AND COMMUNITIES WITH APPROVED BEACH MANAGEMENT PLANS

Current through Register Vol. 39, No. 2, July 15, 2024
A list of CRC approved Beach Management Plans and the
					 conditions under which the pre-project vegetation lines exist, including the
					 date(s) the pre-project vegetation line was defined, shall be maintained by the
					 Division of Coastal Management. A list of Beach Management Plans and the
					 conditions under which the Plans exist, including the date the Plan was
					 approved, the dates the progress reports were received, the design life of the
					 large-scale beach fill project, and the potential expiration dates for the
					 Beach Management Plans shall be maintained by the Division of Coastal
					 Management. Both the pre-project vegetation line list and the Beach Management
					 Plan list shall be available for inspection at the Division of Coastal
					 Management, 400 Commerce Avenue, Morehead City, NC 28557.
Authority
					 G.S.
					 113A-107;
					 113A-113(b)(6);
					 113A-124;
Eff. March
					 23, 2009;
Readopted Eff. September 1, 2021;
Amended
					 Eff. August 1, 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter J - PROCEDURES FOR PROCESSING AND ENFORCEMENT OF MAJOR AND MINOR DEVELOPMENT PERMITS, VARIANCE REQUESTS, APPEALS FROM PERMIT DECISIONS, DECLARATORY RULINGS, AND STATIC LINE EXCEPTIONS › Section .1300 - DEVELOPMENT LINE PROCEDURES › Section 07J .1301-.1303

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113A-107;
					 113A-113(b)(6);
					 113A-124;
Eff. April
					 1, 2016;
Amended Eff. September 1, 2017;
Readopted Eff.
					 September 1, 2021;
Amended Eff. December 1, 2021;
Repealed Eff. August 1, 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter K - ACTIVITIES IN AREAS OF ENVIRONMENTAL CONCERN WHICH DO NOT REQUIRE A COASTAL AREA MANAGEMENT ACT PERMIT › Section .0100 - ACTIVITIES NOT CONSIDERED DEVELOPMENT › Section 07K .0101 - STATUTORY EXCEPTIONS FROM THE DEFINITION OF DEVELOPMENT

Current through Register Vol. 39, No. 2, July 15, 2024
No permit shall be required for those activities set out in
					 G.S.
					 113A-103(5)(b)(1) - (9) as
					 exclusions from the definition of development.
Authority
					 G.S.
					 113A-103;
					 113A-118;
Eff. March
					 29, 1978;
Amended Eff. November 1, 1984; March 1, 1980; March 30,
					 1979;
Readopted Eff. November 1,
					 2021.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter K - ACTIVITIES IN AREAS OF ENVIRONMENTAL CONCERN WHICH DO NOT REQUIRE A COASTAL AREA MANAGEMENT ACT PERMIT › Section .0100 - ACTIVITIES NOT CONSIDERED DEVELOPMENT › Section 07K .0102 - REPEALED - SMALL DITCHES NOT CONSIDERED DEVELOPMENT

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113A-103(5)(a);
					 113A-118(a);
Eff. March 29, 1978;
Repealed Eff. November 1,
					 1984.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter K - ACTIVITIES IN AREAS OF ENVIRONMENTAL CONCERN WHICH DO NOT REQUIRE A COASTAL AREA MANAGEMENT ACT PERMIT › Section .0100 - ACTIVITIES NOT CONSIDERED DEVELOPMENT › Section 07K .0103 - MAINTENANCE AND REPAIR

Current through Register Vol. 39, No. 2, July 15, 2024
(a) "Maintenance
				  and "repairs" are specifically excluded from the definition of "development"
				  under the conditions and in the circumstances set out in
				  G.S.
				  113A-103(5)(b)(5).
				  Individuals required to take such measures within an AEC shall contact the
				  local CAMA representative for consultation before beginning work.
(b) Beach bulldozing, defined as the process
				  of moving natural beach material from any point seaward of the first line of
				  stable vegetation, for the purpose of preventing damage to imminently
				  threatened structures as defined in
				  15A NCAC
				  07H .0308(a), by the
				  creation of protective sand dunes shall qualify for an exclusion under
				  G.S.
				  113A-103(5)(b)(5) subject to
				  the following limitations:
(1) The area where
				  this activity is being performed must maintain a slope that follows the
				  pre-emergency slope as closely as possible so as not to endanger the public or
				  hinder the public's use of the beach. All mechanically disturbed areas shall be
				  graded smooth of ruts and spoil berms that are perpendicular to the shoreline.
				  The movement of material utilizing a bulldozer, front-end loader, back hoe,
				  scraper, or any type of earth moving or construction equipment shall not exceed
				  one foot in depth measured from the surface elevation;
(2) The activity shall not exceed the lateral
				  bounds of the applicant's property without written permission of adjoining
				  landowners;
(3) Movement of
				  material from seaward of the mean low water line shall not be permitted under
				  this exemption;
(4) The activity
				  shall not increase erosion on neighboring properties and shall not have a
				  significant adverse impact on natural or cultural resources; and
(5) The activity may be undertaken to protect
				  threatened on-site waste disposal systems as well as the threatened structure's
				  foundations.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter K - ACTIVITIES IN AREAS OF ENVIRONMENTAL CONCERN WHICH DO NOT REQUIRE A COASTAL AREA MANAGEMENT ACT PERMIT › Section .0200 - CLASSES OF MINOR MAINTENANCE AND IMPROVEMENTS WHICH SHALL BE EXEMPTED FROM THE CAMA MAJOR DEVELOPMENT PERMIT REQUIREMENT › Section 07K .0201 - EXPIRED - GENERAL GUIDELINES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113A-103(5)(c);
					 113A-118(a);
Eff. March 29, 1978;
Amended Eff. November 1, 1984;
Expired Eff. April 1, 2018 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter K - ACTIVITIES IN AREAS OF ENVIRONMENTAL CONCERN WHICH DO NOT REQUIRE A COASTAL AREA MANAGEMENT ACT PERMIT › Section .0200 - CLASSES OF MINOR MAINTENANCE AND IMPROVEMENTS WHICH SHALL BE EXEMPTED FROM THE CAMA MAJOR DEVELOPMENT PERMIT REQUIREMENT › Section 07K .0202 - EXEMPTION: PROJECTS REQUIRING DREDGE: FILL: STATE EASEMENT

Current through Register Vol. 39, No. 2, July 15, 2024
The following classes of minor maintenance and improvement
					 are exempted from the major development permit requirement:
(1) In-Place Maintenance of
				  Previously-Permitted Projects. These projects are ones for which a dredge and
				  fill permit or State easement has been issued and which, though the existing
				  project may be enlarged, are undertaken for maintenance purposes. Projects
				  falling into this category shall be exempted from the CAMA major development
				  permit if:
(a) project dimensions remain the
				  same as or are no greater than 20 percent of those dimensions authorized under
				  the previously permitted project;
(b) the project is for similar purposes as
				  those of the previously-permitted project; and
(c) a change of conditions in the area, or
				  additional comments from State or federal review agencies do not indicate that
				  the action would cause negative impacts to the environment or adjacent property
				  owners.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter K - ACTIVITIES IN AREAS OF ENVIRONMENTAL CONCERN WHICH DO NOT REQUIRE A COASTAL AREA MANAGEMENT ACT PERMIT › Section .0200 - CLASSES OF MINOR MAINTENANCE AND IMPROVEMENTS WHICH SHALL BE EXEMPTED FROM THE CAMA MAJOR DEVELOPMENT PERMIT REQUIREMENT › Section 07K .0203 - REPEALED - PRIVATE BULKHEADS: RIPRAP AND PIERS EXEMPTED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113A-103(5)c;
					 113A-118(a);
Eff. March 29, 1978;
Amended Eff. August 1, 2000; August 1, 1998;
					 May 3, 1993; December 1, 1991; May 1, 1990;
July 1,
					 1987;
Repealed Eff. August 1,
					 2002.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter K - ACTIVITIES IN AREAS OF ENVIRONMENTAL CONCERN WHICH DO NOT REQUIRE A COASTAL AREA MANAGEMENT ACT PERMIT › Section .0200 - CLASSES OF MINOR MAINTENANCE AND IMPROVEMENTS WHICH SHALL BE EXEMPTED FROM THE CAMA MAJOR DEVELOPMENT PERMIT REQUIREMENT › Section 07K .0204 - EXEMPTIONS FOR PROJECTS REQUIRING AIR QUALITY PERMIT

Current through Register Vol. 39, No. 2, July 15, 2024
Modification to Existing Sources or Control Devices.
					 Projects in this category are modifications to facilities or control devices
					 that upgrade existing capacities or are intended to meet air quality standards.
					 Projects falling into this category shall be exempted from the CAMA major
					 development permit if:
(1) The
				  modification is limited to upgrading existing capabilities or to meet air
				  quality standards; or
(2) The
				  modification involves installation of additional abatement devices necessary to
				  meet air quality standards; and
(3)
				  The modification does not involve land-disturbing activities or necessitate
				  surface or subsurface disposal of water.
Authority
					 G.S.
					 113A-103(5)(c);
					 113A-118(a);
Eff. March 29, 1978;
Readopted Eff. November 1,
					 2021.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter K - ACTIVITIES IN AREAS OF ENVIRONMENTAL CONCERN WHICH DO NOT REQUIRE A COASTAL AREA MANAGEMENT ACT PERMIT › Section .0200 - CLASSES OF MINOR MAINTENANCE AND IMPROVEMENTS WHICH SHALL BE EXEMPTED FROM THE CAMA MAJOR DEVELOPMENT PERMIT REQUIREMENT › Section 07K .0205 - EXEMPTIONS FOR PROJECTS REQUIRING THE NPDES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Projects
				  requiring the National Pollution Discharge Elimination System permit are those
				  that will discharge wastewater from an outlet, point source, or disposal system
				  into the surface waters of the State.
(b) Modification of Existing Facilities.
				  Projects in this category are those facilities that undergo modification to
				  meet effluent limitations set forth in
				  15A NCAC
				  02B .0404, which is hereby incorporated by
				  reference, including subsequent amendments. Projects falling into this category
				  will be exempted from the CAMA major development permit if:
(1) Modifications are for the purpose of
				  upgrading facilities to meet current effluent limitation standards;
(2) Modifications are for the purpose of
				  improving existing capacities or providing back up units for existing
				  capacities;
(3) The modification is
				  for treating waste load types similar to those in the previously permitted
				  activity; or
(4) The final
				  discharge flow that may be associated with the modification remains the same as
				  the discharge flow permitted before modification; and
(5) No additional acreage is necessary for
				  land disposal of dewatered wastes or does not require subsurface pollutant
				  injection; and
(6) No significant
				  land-disturbing activity is involved.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter K - ACTIVITIES IN AREAS OF ENVIRONMENTAL CONCERN WHICH DO NOT REQUIRE A COASTAL AREA MANAGEMENT ACT PERMIT › Section .0200 - CLASSES OF MINOR MAINTENANCE AND IMPROVEMENTS WHICH SHALL BE EXEMPTED FROM THE CAMA MAJOR DEVELOPMENT PERMIT REQUIREMENT › Section 07K .0206 - AGRICULTURAL AND FORESTRY DITCHES EXEMPTED

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Ditches used for agricultural or forestry purposes with maximum dimensions
				  equal to or less than six feet (top width) by four feet deep are exempted from
				  the CAMA permit requirement.
(b)
				  All ditches with maximum dimensions greater than six feet by four feet will
				  require a permit.
(c) Width and
				  depth dimensions of all ditches will be measured at the ground level.
Authority
					 G.S.
					 113A-103(5)(a);
					 113A-118(a);
Eff. November 1, 1984;
Readopted Eff. November 1,
					 2021.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter K - ACTIVITIES IN AREAS OF ENVIRONMENTAL CONCERN WHICH DO NOT REQUIRE A COASTAL AREA MANAGEMENT ACT PERMIT › Section .0200 - CLASSES OF MINOR MAINTENANCE AND IMPROVEMENTS WHICH SHALL BE EXEMPTED FROM THE CAMA MAJOR DEVELOPMENT PERMIT REQUIREMENT › Section 07K .0207 - STRUCTURAL ACCESSWAYS OVER FRONTAL DUNES EXEMPTED

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  The North Carolina Coastal Resources Commission exempts from the CAMA permit
				  requirement all structural pedestrian accessways, including beach matting to
				  provide public or private access over primary and frontal dunes when such
				  accessways can be shown to meet the following criteria:
(1) The accessway shall not exceed six feet
				  in width and shall be for private residential or for public access to an ocean
				  beach. This exemption does not apply to accessways for commercial use or for
				  motor-powered vehicular use.
(2)
				  The accessway shall be constructed so as to make no alterations to the frontal
				  dunes that are not necessary to construct the accessway. This means that the
				  accessway shall be constructed over the frontal dune without any alteration of
				  the dunes. In no case shall the dune be altered so as to diminish its capacity
				  as a protective barrier against flooding by reducing the volume of the dune.
				  Driving of pilings into the dune or a local, State, or federal government's use
				  of beach matting for public access that is installed at grade and involves no
				  excavation or fill shall not be considered alteration of a frontal dune for the
				  purposes of this Rule.
(3) The
				  accessway shall conform with any applicable local or State building code
				  standards.
(4) Structural
				  accessways may be constructed no more than six feet seaward of the waterward
				  toe of the frontal or primary dune, provided they do not interfere with public
				  trust rights and emergency access along the beach. Structural accessways are
				  not restricted by the requirement to be landward of the First Line of Stable
				  and Natural Vegetation as described in
				  15A NCAC
				  07H .0309(a).
(5) Damaged, non-functioning, or portions of
				  accessways that become non-compliant with Subparagraph (4) of this Paragraph
				  shall be removed by the property owner.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter K - ACTIVITIES IN AREAS OF ENVIRONMENTAL CONCERN WHICH DO NOT REQUIRE A COASTAL AREA MANAGEMENT ACT PERMIT › Section .0200 - CLASSES OF MINOR MAINTENANCE AND IMPROVEMENTS WHICH SHALL BE EXEMPTED FROM THE CAMA MAJOR DEVELOPMENT PERMIT REQUIREMENT › Section 07K .0208 - SINGLE FAMILY RESIDENCES EXEMPTED

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All
				  single family residences constructed within the Coastal Shorelines Area of
				  Environmental Concern that are more than 40 feet landward of normal high water
				  or normal water level, and involve no land disturbing activity within the 40
				  feet buffer area are exempted from the CAMA permit requirement as long as this
				  exemption is consistent with all other applicable CAMA permit standards and
				  local land use plans and rules in effect at the time the exemption is
				  granted.
(b) This exemption allows
				  for the construction of a generally shore perpendicular access to the water,
				  provided that the access shall be no wider than six feet. The access may be
				  constructed out of materials such as wood, composite material, gravel, paver
				  stones, concrete, brick, or similar materials. Any access constructed over
				  wetlands shall be elevated at least three feet above any wetland substrate as
				  measured from the bottom of the decking.
(c) Within the AEC for estuarine shorelines
				  contiguous to waters classified as Outstanding Resource Waters (ORW), no CAMA
				  permit shall be required if the proposed development is a single-family
				  residence that has a built upon area of 25 percent or less and is at least 40
				  feet from waters classified as ORW.
(d) Before beginning any work under this
				  exemption, the CAMA local permit officer or the Department of Environmental
				  Quality representative shall be notified of the proposed activity to allow
				  on-site review. Notification may be by telephone at (252) 808-2808, in person,
				  or in writing to the North Carolina Division of Coastal Management, 400
				  Commerce Ave., Morehead City, NC 28557. Notification shall include:
(1) the name, address, and telephone number
				  of the landowner and the location of the work, including the county, nearest
				  community, and water body; and
(2)
				  the dimensions of the proposed project, including proposed landscaping and the
				  location of normal high water or normal water level.