North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter H - STATE GUIDELINES FOR AREAS OF ENVIRONMENTAL CONCERN › Section .1700 - GENERAL PERMIT FOR EMERGENCY WORK REQUIRING A CAMA AND/OR A DREDGE AND FILL PERMIT › Section 07H .1705 - SPECIFIC CONDITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Temporary
				  Erosion Control Structures in the Ocean Hazard AEC.
(1) Permittable temporary erosion control
				  structures shall be limited to sandbags placed landward of mean high water and
				  parallel to the shore.
(2)
				  Temporary erosion control structures as defined in Subparagraph (1) of this
				  Paragraph may be used to protect only imminently threatened roads and
				  associated right of ways, and buildings and their associated septic systems. A
				  structure is considered imminently threatened if its foundation, septic system,
				  or right-of-way in the case of roads is less than 20 feet away from the erosion
				  scarp. Buildings and roads located more than 20 feet from the erosion scarp or
				  in areas where there is no obvious erosion scarp may also be found to be
				  imminently threatened when the Division determines that site conditions, such
				  as a flat beach profile or accelerated erosion, increase the risk of imminent
				  damage to the structure.
(3)
				  Temporary erosion control structures shall be used to protect only the
				  principal structure and its associated septic system, but not appurtenances
				  such as pools, gazebos, decks or any amenity that is allowed under
				  15A NCAC
				  07H .0309 as an exception to the erosion
				  setback requirement.
(4) Temporary
				  erosion control structures may be placed waterward of a septic system when
				  there is no alternative to relocate it on the same or adjoining lot so that it
				  is landward of or in line with the structure being protected.
(5) Temporary erosion control structures
				  shall not extend more than 20 feet past the sides of the structure to be
				  protected except to align with temporary erosion control structures on adjacent
				  properties, where the Division has determined that gaps between adjacent
				  erosion control structures may result in an increased risk of damage to the
				  structure being protected. The landward side of such temporary erosion control
				  structures shall not be located more than 20 feet waterward of the structure to
				  be protected or the right-of-way in the case of roads. If a building or road is
				  found to be imminently threatened and at increased risk of imminent damage due
				  to site conditions such as a flat beach profile or accelerated erosion,
				  temporary erosion control structures may be located more than 20 feet waterward
				  of the structure being protected. In cases of increased risk of imminent
				  damage, the location of the temporary erosion control structures shall be
				  determined by the Director of the Division of Coastal Management or the
				  Director's designee.
(6) Temporary
				  erosion control structures may remain in place for up to eight years for a
				  building and its associated septic system, or a bridge or a road. The property
				  owner shall be responsible for removal of any portion of the temporary erosion
				  control structure exposed above grade within 30 days of the end of the
				  allowable time period.
(7) For
				  purposes of this Rule, a community is considered to be actively pursuing a
				  beach nourishment or an inlet relocation or stabilization project if it:
(A) has an active CAMA permit, where
				  necessary, approving such project;
(B) has been identified by a U.S. Army Corps
				  of Engineers' Beach Nourishment Reconnaissance Study, General Reevaluation
				  Report, Coastal Storm Damage Reduction Study, or an ongoing feasibility study
				  by the U.S. Army Corps of Engineers and a commitment of local or federal money,
				  when necessary; or
(C) has received
				  a favorable economic evaluation report on a federal project; or
(D) is in the planning stages of a project
				  designed by the U.S. Army Corps of Engineers or persons meeting applicable
				  State occupational licensing requirements and initiated by a local government
				  or community with a commitment of local or state funds to construct the project
				  or the identification of the financial resources or funding bases necessary to
				  fund the beach nourishment or inlet relocation or stabilization project.
If beach nourishment, inlet relocation or stabilization is
					 rejected by the sponsoring agency or community, or ceases to be actively
					 planned for a section of shoreline, the time extension is void for that section
					 of beach or community and existing sandbags shall be subject to all applicable
					 time limits set forth in Subparagraph (6) of this Paragraph.
(8) Once a temporary erosion
				  control structure is determined by the Division of Coastal Management to be
				  unnecessary due to relocation or removal of the threatened structure, it shall
				  be removed by the property owner to the maximum extent practicable within 30
				  days of official notification from the Division of Coastal Management,
				  regardless of the time limit placed on the temporary erosion control structure.
				  If the temporary erosion control structure is determined by the Division of
				  Coastal Management to be unnecessary due to the completion of a storm
				  protection project constructed by the U.S. Army Corps of Engineers, a large
				  scale beach nourishment project, or an inlet relocation or stabilization
				  project, any portion of the temporary erosion control structure exposed above
				  grade shall be removed by the permittee within 30 days of official notification
				  by the Division of Coastal Management regardless of the time limit placed on
				  the temporary erosion control structure.
(9) Removal of temporary erosion control
				  structures is not required if they are covered by sand. Any portion of a
				  temporary erosion control structure that becomes exposed above grade after the
				  expiration of the permitted time period shall be removed by the property owner
				  within 30 days of official notification from the Division of Coastal
				  Management.
(10) The property owner
				  shall be responsible for the removal of remnants of all portions of any damaged
				  temporary erosion control structure.
(11) Sandbags used to construct temporary
				  erosion control structures shall be tan in color and 3 to 5 feet wide and 7 to
				  15 feet long when measured flat. Base width of the structure shall not exceed
				  20 feet, and the total height shall not exceed 6 feet, as measured from the
				  bottom of the lowest bag.
(12)
				  Soldier pilings and other types of devices to anchor sandbags shall not be
				  allowed.
(13) Excavation below mean
				  high water in the Ocean Hazard AEC may be allowed to obtain material to fill
				  sandbags used for emergency protection.
(14) An imminently threatened structure may
				  be protected by a temporary erosion control structure only once regardless of
				  ownership, unless the threatened structure is located in a community that is
				  actively pursuing a beach nourishment project, an inlet relocation or
				  stabilization project in accordance with Subparagraph (7) of this Paragraph.
				  Existing temporary erosion control structures may be permitted for additional
				  eight-year periods provided that the structure being protected is still
				  imminently threatened, the temporary erosion control structure is in compliance
				  with requirements of this Subparagraph, and the community in which it is
				  located is actively pursuing a beach nourishment or an inlet relocation or
				  stabilization project in accordance with Subparagraph (7) of this Paragraph. In
				  the case of a building, a temporary erosion control structure may be extended,
				  or new segments constructed, if additional areas of the building become
				  imminently threatened. Where temporary structures are installed or extended
				  incrementally, the time period for removal under Subparagraph (6) or (7) of
				  this Paragraph shall begin at the time the initial erosion control structure is
				  installed. For the purpose of this Rule:
(A) a
				  building and its associated septic system shall be considered as separate
				  structures; and
(B) a road or
				  highway shall be allowed to be incrementally protected as sections become
				  imminently threatened. The time period for removal of each contiguous section
				  of sandbags shall begin at the time that section is installed in accordance
				  with Subparagraph (6) or (7) of this Paragraph.
(15) Existing temporary erosion control
				  structures may be repaired or replaced within their originally permitted
				  dimensions during the time period allowed under Subparagraph (6) or (7) of this
				  Paragraph.