North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter H - STATE GUIDELINES FOR AREAS OF ENVIRONMENTAL CONCERN › Section .0500 - NATURAL AND CULTURAL RESOURCE AREAS › Section 07H .0503 - NOMINATION AND DESIGNATION PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Special Designation Process. The nomination and designation of a coastal
				  complex natural area, a unique coastal geologic formation, a coastal area that
				  sustains remnant species, a significant coastal archaeological resource, or a
				  significant coastal historic architectural resource area of environmental
				  concern shall follow the procedures set forth in this Rule and in GS
				  113A-115.
(b) Nomination. An area
				  may be nominated by any person or group at any time for Coastal Resources
				  Commission (CRC) consideration. Nominations may, for example, be made by
				  citizens, interest groups, local governments, or state and federal agencies.
				  Nominations shall be on a standard form and shall be submitted to the Division
				  of Coastal Management (DCM). The nomination shall include information relating
				  to the location, size, importance, ownership, and uniqueness of the proposed
				  site. Nomination forms are available from the Division of Coastal
				  Management.
(c) Preliminary
				  Evaluation. After receipt of a nomination, the Division of Coastal Management
				  shall conduct a preliminary evaluation of the proposed site. The land owner,
				  local government, and CRC and CRAC members in whose jurisdiction the site is
				  located shall be informed of the proposed nomination. Representatives of these
				  groups shall meet to discuss the proposed nomination and shall complete a
				  preliminary evaluation within 60 days after receipt of the nomination. Various
				  protection methods shall be examined to determine if AEC designation is
				  appropriate.
(d) CRC Endorsement. A
				  report on the preliminary evaluation shall be presented to the CRC so that it
				  may determine whether to endorse the evaluations and proceed with a more
				  detailed analysis of the site. This report shall be made at the first CRC
				  meeting after the preliminary evaluation is completed. All parties involved in
				  the nomination and preliminary evaluation shall be informed, in writing, of the
				  Commission's decision to proceed or not to proceed with a detailed review of
				  the site in question. For sites that do not receive CRC endorsement for
				  detailed review, recommendations for some other form of protection may be
				  discussed with the landowner. Other forms of protection include, registry with
				  the North Carolina Natural Heritage Program, conservation easement to a public
				  agency or to a local conservation foundation, donation or acquisition of title,
				  or other strategies.
(e) Detailed
				  Review. A detailed review of the proposed site shall be initiated under DCM
				  supervision after CRC endorsement. This shall include the development of a
				  management plan, if applicable, or site specific use standards. Opportunity
				  shall be given to local government officials, interest groups, and those with
				  scientific expertise to comment on the specific biological/physical or cultural
				  values of the site together with appropriate management strategies to safeguard
				  the values identified. This review shall be completed within 90 days, starting
				  from the date of the official CRC endorsement. At the conclusion of this
				  review, the report on the detailed review shall be presented to the CRC for
				  their consideration.
(f) Public
				  Hearing. If, after receiving the detailed review, the CRC decides to consider
				  formal designation of the site as an AEC and adopt the particular management
				  plan or use standards developed, a public hearing or hearings shall be
				  conducted and notice of hearing published and distributed in accordance with
				  the requirements of
				  G.S.
				  113A-115 and
				  G.S.
				  150B-21.2. Copies of the site description and
				  of any proposed rules shall be made available for public inspection at the
				  county courthouse in each affected county and at the Morehead City Office of
				  the Division of Coastal Management. At the hearing(s) the CRC shall present the
				  documentation and recommendations in support of the designation
				  decision.
(g) Formal Designation.
				  After consideration of all comments, the Commission shall make its final
				  judgment. If the site is designated as an AEC, the CRC shall also adopt a
				  management strategy or use standards applicable to the AEC.
Authority
					 G.S.
					 113A-107(a),(b);
					 113A-113(b)(4)e,f,g,
					 and h; 113A-124;
Eff. September 9, 1977;
Amended Eff.
					 June 1, 2005; May 1, 1988; May 1, 1985; February 1, 1982; June 1,
					 1979.