North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter H - STATE GUIDELINES FOR AREAS OF ENVIRONMENTAL CONCERN › Section .2100 - GENERAL PERMIT FOR CONSTRUCTION OF SHEETPILE SILL FOR SHORELINE PROTECTION IN ESTUARINE AND PUBLIC TRUST WATERS AND OCEAN HAZARD AREAS › Section 07H .2105 - SPECIFIC CONDITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The sill shall
				  be positioned no more than 20 feet waterward of the normal high water or normal
				  water level or 20 feet waterward of the waterward edge of existing wetlands at
				  any point along its alignment. For narrow waterbodies (canals, creeks, etc.),
				  the sheet pile sill shall not be positioned offshore more than one sixth (1/6)
				  the width of the waterbody at any point along its alignment.
(b) Sills authorized under this General
				  Permit shall be allowed only in waters that average less than three feet in
				  depth along the proposed alignment as measured from the normal high water or
				  normal water level.
(c)
				  Construction authorized by this General Permit shall be limited to a maximum
				  length of 500 feet.
(d) The sill
				  shall be constructed with an equal gap between each sheathing board totaling at
				  least one inch of open area every linear foot of sill. The sill shall have at
				  least one five-foot opening at every 100 feet. The sill sections shall be
				  staggered and overlap as long as the five-foot separation between sections is
				  maintained. Overlapping sections shall not overlap more than 10 feet.
(e) The height of the sill shall not exceed
				  six inches above normal high water or the normal water level.
(f) Offshore sill sections shall be set back
				  15 feet from the riparian access dividing line. The line of division of
				  riparian access shall be established by drawing a line along the channel or
				  deep water in front of the property, then drawing a line perpendicular to the
				  line of the channel so that it intersects with the shore at the point the
				  upland property line meets the water's edge. The set back may be waived by
				  written agreement of the adjacent riparian owner(s) or when the two adjoining
				  riparian owners are co-applicants. Should the adjacent property be sold before
				  construction of the sill begins, the applicant shall obtain a written agreement
				  with the new owner waiving the minimum setback and submit it to the Division of
				  Coastal Management prior to initiating any construction of the sill.
(g) Sills shall be marked at 50-foot
				  intervals with yellow reflectors extending at least three feet above mean high
				  water.
(h) No backfill of the sill
				  or any other fill of wetlands, estuarine waters, public trust areas, or
				  highground is authorized by this general permit.
(i) No excavation of the shallow water
				  bottom, any wetlands, or high ground is authorized by this general
				  permit.
(j) The sill shall be
				  constructed of vinyl or steel sheet pile, formed concrete, timber, or other
				  suitable equivalent materials approved by the Division of Coastal
				  Management.
(k) Perpendicular
				  sections, return walls, or sections that would enclose estuarine waters or
				  public trust areas shall not be allowed under this permit.
(l) The permittee will maintain the sill in
				  conformance with the terms and conditions of this permit or the remaining sill
				  structure shall be removed within 90 days of notification from the Division of
				  Coastal Management.
Authority
					 G.S.
					 113A-107;
					 113A-108;
					 113A-118.1;
Eff.
					 June 1, 1994;
Amended Eff. February 1, 2009; August 1,
					 2000;
Readopted Eff. October 1,
					 2022.