North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter M - GENERAL POLICY GUIDELINES FOR THE COASTAL AREA › Section .0400 - COASTAL ENERGY POLICIES › Section 07M .0403 - POLICY STATEMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  placement and operations of major energy facilities in or affecting the use of
				  public trust waters and adjacent lands or coastal resources of North Carolina
				  shall be done in a manner that allows for protection of the environment and
				  local and regional socio-economic goals as set forth in the local land-use
				  plan(s) and state guidelines in
				  15A NCAC
				  07H and 07M. The placement and operation of
				  such facilities shall be consistent with state rules and statutory standards
				  and shall comply with local land use plans and with use standards for
				  development within AECs, as set forth in
				  15A NCAC
				  07H.
(b) Proposals, plans and permit applications
				  for major energy facilities to be located in or affecting any land or water use
				  or coastal resource of the North Carolina coastal area shall include a
				  disclosure of all costs and benefits associated with the project. This
				  disclosure shall be prepared at the earliest feasible stage in planning for the
				  project and shall be in the form of an impact assessment as defined in
				  15A NCAC
				  07M .0402 prepared by the applicant. If
				  appropriate environmental documents are prepared and reviewed under the
				  provisions of the National Environmental Policy Act (NEPA) or the North
				  Carolina Environmental Policy Act (NCEPA), this review will satisfy the
				  definition of "impact assessment" if all issues listed in this Rule are
				  addressed and these documents are submitted in sufficient time to be used to
				  review state permit applications for the project or subsequent consistency
				  determinations.
(c) Local
				  governments shall not unreasonably restrict the development of necessary energy
				  facilities; however, they may develop siting measures that will minimize
				  impacts to local resources and to identify potential sites suitable for energy
				  facilities. This section shall not limit the ability of a city or county to
				  plan for and regulate the siting of a wind energy facility in accordance with
				  land-use regulations authorized under Chapter 160A and Chapter 153A of the
				  General Statutes. Wind energy facilities constructed within the planning
				  jurisdiction of a city or county shall demonstrate compliance with any local
				  ordinance concerning land use and any applicable permitting process.
(d) Energy facilities that do not require
				  shorefront access shall be sited inland of the shoreline areas. In instances
				  when shoreline portions of the coastal zone area are necessary locations,
				  shoreline siting shall be acceptable only if it can be demonstrated that there
				  are no significant adverse impacts to coastal resources, public trust waters,
				  and the public's right to access and passage will not be unreasonably
				  restricted, and all reasonable mitigating measures have been taken to minimize
				  impacts to AECs. Whether restrictions or mitigating measures are reasonable
				  shall be determined after consideration of, as appropriate, economics,
				  technical feasibility, aerial extent of impacts, uniqueness of impacted area,
				  and other relevant factors.
(e) The
				  scenic and visual qualities of coastal areas shall be considered and protected
				  as important public resources. Energy development shall be sited and designed
				  to provide maximum protection of views to and along the ocean, sounds and
				  scenic coastal areas, and to minimize the alteration of natural
				  landforms.
(f) All energy
				  facilities in or affecting the use of public trust waters and adjacent lands or
				  coastal resource shall be sited and operated so as to comply with the following
				  criteria:
(1) Activities that could result in
				  significant adverse impacts on resources of the coastal area, including marine
				  and estuarine resources and wildlife resources, as defined in
				  G.S.
				  113-129, and significant adverse impacts on
				  the use of public trust waters and adjacent lands in the coastal area shall be
				  avoided unless site specific information demonstrates that each such activity
				  will result in no significant adverse impacts on the use of public trust waters
				  and adjacent lands or coastal resources;
(2) For petroleum facilities, necessary data
				  and information required by the state for state permits and federal consistency
				  reviews, pursuant to 15 CFR part 930, shall assess the risks of petroleum
				  release or spills, evaluate possible trajectories, and enumerate response and
				  mitigation measures employing the best available technology to be followed in
				  the event of a release or spill. The information must demonstrate that the
				  potential for petroleum release or spills and ensuing damage to coastal
				  resources has been minimized and shall factor environmental conditions,
				  currents, winds, and inclement events such as northeasters and hurricanes, in
				  trajectory scenarios. For facilities requiring an Oil Spill Response Plan, this
				  information shall be included in such a plan;
(3) Dredging, spoil disposal and construction
				  of related structures that are likely to have significant adverse impacts on
				  the use of public trust waters and adjacent lands or coastal resources shall be
				  minimized, and any unavoidable actions of this sort shall minimize damage to
				  the marine environment;
(4) Damage
				  to or interference with existing or traditional uses, such as fishing,
				  navigation and access to public trust areas, and areas with high biological or
				  recreational value such as those listed in Subparagraphs (f)(10)(A) and (H) of
				  this Rule, shall be avoided to the extent that such damage or interference is
				  likely to have significant adverse impacts on the use of public trust waters
				  and adjacent lands or coastal resources;
(5) Placement of structures in geologically
				  unstable areas, such as unstable sediments and active faults, shall be avoided
				  to the extent that damage to such structures resulting from geological
				  phenomena is likely to have significant adverse impacts on the use of public
				  trust waters, adjacent lands or coastal resources;
(6) Procedures necessary to secure an energy
				  facility in the event of severe weather conditions, such as extreme wind,
				  currents and waves due to northeasters and hurricanes, shall be initiated
				  sufficiently in advance of the commencement of severe weather to ensure that
				  significant adverse impacts on the use of public trust waters, adjacent lands
				  and coastal resources shall be avoided;
(7) Significant adverse impacts on federally
				  listed threatened or endangered species shall be avoided;
(8) Major energy facilities are not
				  appropriate uses in fragile or historic areas, and other areas containing
				  environmental or natural resources of more than local significance, as defined
				  in G.S.
				  113A-113(b)(4), such as
				  parks, recreation areas, wildlife refuges, and historic sites;
(9) No energy facilities shall be sited in
				  areas where they pose a threat to the integrity of the facility and surrounding
				  areas, such as ocean front areas with high erosion rates, areas having a
				  history of overwash or inlet formation, and areas in the vicinity of existing
				  inlets;
(10) In the siting of
				  energy facilities and related structures, significant adverse impacts to the
				  following areas shall be avoided:
(A) areas
				  of high biological significance, including offshore reefs, rock outcrops, hard
				  bottom areas, sea turtle nesting beaches, coastal wetlands, primary or
				  secondary nursery areas or spawning areas and essential fish habitat areas of
				  particular concern as designated by the appropriate fisheries management
				  agency, oyster sanctuaries, submerged aquatic vegetation as defined by the
				  Marine Fisheries Commission, colonial bird nesting areas, and migratory bird
				  routes;
(B) tracts of maritime
				  forest in excess of 12 contiguous acres and areas identified as eligible for
				  registration or dedication by the North Carolina Natural Heritage
				  Program;
(C) crossings of streams,
				  rivers, and lakes except for existing readily-accessible corridors;
(D) anchorage areas and port areas;
(E) artificial reefs, shipwrecks, and
				  submerged archaeological resources;
(F) dump sites;
(G) primary dunes and frontal
				  dunes;
(H) established recreation
				  or wilderness areas, such as federal, state and local parks, forests, wildlife
				  refuges and other areas used in a like manner;
(I) military air space, training or target
				  area and transit lanes;
(J)
				  cultural or historic sites of more than local significance; and
(K) segments of Wild and Scenic River
				  System.
(11)
				  Construction of energy facilities shall occur only during periods of lowest
				  biological vulnerability. Nesting and spawning periods shall be avoided;
				  and
(12) If facilities located in
				  the coastal area are abandoned, habitat of value equal to or greater than that
				  existing prior to construction shall be restored as soon as practicable
				  following abandonment. For abandoned facilities outside the coastal area,
				  habitat in the areas shall be restored to its preconstruction state and
				  functions as soon as practicable if the abandonment of the structure is likely
				  to have significant adverse impacts on the use of public trust waters, adjacent
				  lands or coastal resources.