North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter H - STATE GUIDELINES FOR AREAS OF ENVIRONMENTAL CONCERN › Section .2700 - GENERAL PERMIT FOR THE CONSTRUCTION OF MARSH SILLS › Section 07H .2705 - SPECIFIC CONDITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A General
				  Permit issued pursuant to this Section shall be applicable only for the
				  construction of marsh sill structures built in conjunction with existing,
				  created, or restored wetlands. Planted wetland vegetation shall consist only of
				  native species per
				  G.S.
				  113A-113(b)(1).
(b) The landward edge of the sill shall be
				  positioned no greater than 30 feet waterward of the normal high water or normal
				  water level or five feet waterward of the existing wetlands, whichever distance
				  is greater.
(c) The permittee shall
				  maintain the authorized sill, including wetlands and tidal inundation, in
				  conformance with the terms and conditions of this permit, or the remaining sill
				  structures shall be removed within 90 days of notification of noncompliance
				  from the Division of Coastal Management.
(d) The height of sills shall not exceed 12
				  inches above normal high water, normal water level, or the height of the
				  adjacent wetland substrate, whichever is higher.
(e) Sill construction authorized by this
				  permit shall be limited to a maximum length of 500 feet.
(f) The sills shall have at least one
				  five-foot opening every 100 feet and may be staggered, overlapped, or left open
				  as long as the five-foot separation between sections is maintained. Overlapping
				  sections shall not overlap more than 10 feet.
(g) The sill structure shall not exceed a
				  slope of a one and a half foot horizontal distance over a one foot vertical
				  rise. The width of the structure on the bottom shall not exceed 12
				  feet.
(h) For water bodies narrower
				  than 150 feet, no portion of the structures shall be positioned offshore more
				  than one sixth (1/6) the width of the waterbody at any point along its
				  alignment.
(i) The sill shall not
				  be within a navigation channel or associated setbacks marked or maintained by a
				  state or federal agency.
(j) The
				  sill shall not interfere with leases or franchises for shellfish
				  culture.
(k) All structures shall
				  have a minimum setback distance of 15 feet between any parts of the structure
				  and the adjacent property owner's riparian access corridor, unless either a
				  signed waiver statement is obtained from the adjacent property owner or the
				  portion of the structure within 15 feet of the adjacent riparian access
				  corridor is located no more than 25 feet from the normal high or normal water
				  level. The riparian access corridor line is determined by drawing a line
				  parallel to the channel, then drawing a line perpendicular to the channel line
				  that intersects with the shore at the point where the upland property line
				  meets the water's edge, as illustrated in
				  15A NCAC
				  07H .1205(t). Additionally,
				  the sill shall not interfere with the exercise of riparian rights by adjacent
				  property owners, including access to navigation channels from piers, or other
				  means of access.
(l) Sills shall be
				  marked at 50-foot intervals with yellow reflectors extending at least three
				  feet above normal high water or normal water level and shall be maintained for
				  the life of the structure.
(m) If
				  the crossing of wetlands with mechanized construction equipment is necessary,
				  temporary construction mats shall be utilized for the areas to be crossed. The
				  temporary mats shall be removed upon completion of the construction of the sill
				  structure. Material used to construct the sill shall not be stockpiled on
				  existing wetlands or in open water unless contained in a containment structure
				  supported by construction mats.
(n)
				  Sedimentation and erosion control measures shall be implemented to ensure that
				  eroded materials do not enter adjacent wetlands or waters.
(o) No excavation or filling, other than that
				  necessary for the construction and bedding of the sill structure, is authorized
				  by this general permit.
(p) Sills
				  shall not be constructed within any native submerged aquatic vegetation. If
				  submerged aquatic vegetation is present within a project area, a submerged
				  aquatic vegetation survey shall be completed during the growing season of April
				  1 through September 30. All sills shall have a minimum setback of 10 feet from
				  any native submerged aquatic vegetation as defined by the N.C. Marine Fisheries
				  Commission.
(q) Sills shall not be
				  constructed within any habitat that includes oyster reefs or shell banks. All
				  sills shall have a minimum setback of 10 feet from any oysters, oyster beds, or
				  shell banks.
(r) No excavation of
				  the shallow water bottom or any wetland is authorized by this general
				  permit.
(s) The sill material shall
				  consist of clean rock, marl, oyster shell, or masonry materials such as granite
				  or broken concrete, or other similar materials that are approved by the N.C.
				  Division of Coastal Management. Sill material shall be free of loose sediment
				  or exposed rebar. The sill material shall be of sufficient size and slope to
				  prevent its movement from the approved alignment by wave or current
				  action.
Authority
					 G.S.
					 113A-107;
					 113A-113(b)(1);
					 113A-118.1;
Temporary Adoption Eff. June 15, 2004;
Eff. April 1,
					 2005;
Amended Eff. August 1, 2012 (see S.L. 2012-143,
					 s.1.(f));
Temporary Amendment Eff. April 1, 2019;
Amended Eff. July 1, 2019;
Readopted Eff. October 1,
					 2022.