reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter H - STATE GUIDELINES FOR AREAS OF ENVIRONMENTAL CONCERN › Section .1900 - GENERAL PERMIT TO ALLOW FOR TEMPORARY STRUCTURES WITHIN THE ESTUARINE AND OCEAN SYSTEMS AECS › Section 07H .1905 - SPECIFIC CONDITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
Proposed temporary structures shall meet each of the
					 following specific conditions to be eligible for authorization by the general
					 permit:
(1) All aspects of the
				  structure shall be removed and the site returned to pre-project conditions at
				  the expiration of this general permit.
(2) There shall be no work within any
				  productive shellfish beds without authorization from the Division of Marine
				  Fisheries.
(3) The proposed
				  structure shall not involve the disturbance of any marsh, submerged aquatic
				  vegetation, or other wetlands including excavation or filling of these
				  areas.
(4) The proposed activity
				  shall not disrupt navigation and transportation channels and shall be marked to
				  prevent being a hazard to navigation.
(5) The proposed structure shall not impede
				  public access or other public trust uses.
(6) The proposed structure shall not be
				  habitable.
(7) There shall be no
				  disturbance of existing dunes.
(8)
				  Temporary structures authorized by this permit shall not individually or
				  cumulatively exceed 100 square meters in size.
(9) Structures shall not be constructed in a
				  designated Primary Nursery Area without approval from the Division of Marine
				  Fisheries or the Wildlife Resources Commission.
Authority
					 G.S.
					 113-229(c1);
					 113A-107(a)(b);
					 113A-113(b);
					 113A-118.1;
Eff.
					 March 1, 1989;
Amended Eff. April 1, 2020; May 1, 1990;
Readopted Eff. July 1, 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter H - STATE GUIDELINES FOR AREAS OF ENVIRONMENTAL CONCERN › Section .2000 - GENERAL PERMIT FOR AUTHORIZING MINOR MODIFICATIONS AND REPAIR TO EXISTING PIER/MOORING FACILITIES IN ESTUARINE AND PUBLIC TRUST WATERS AND OCEAN HAZARD AREAS › Section 07H .2001 - PURPOSE

Current through Register Vol. 39, No. 2, July 15, 2024
A person requesting reconfiguration, minor modifications,
					 repair, or improvements to existing pier and mooring facilities in estuarine
					 waters and public trust areas shall apply for a General Permit according to the
					 rules in this Section. This permit shall not apply to oceanfront shorelines or
					 to waters and shorelines adjacent to the Ocean Hazard AEC with the exception of
					 those shorelines that feature characteristics of the Estuarine Shoreline AEC.
					 Such features include the presence of wetland vegetation, lower wave energy,
					 and lower erosion rates than the adjacent Ocean Erodible Area. A Division of
					 Coastal Management representative will make the determination whether the site
					 features characteristics of the Estuarine Shoreline at the time of permit
					 application.
Authority
					 G.S.
					 113A-107;
					 113A-118.1;
Eff.
					 October 1, 1993;
Amended Eff. April 1, 2003;
Readopted
					 Eff. October 1, 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter H - STATE GUIDELINES FOR AREAS OF ENVIRONMENTAL CONCERN › Section .2000 - GENERAL PERMIT FOR AUTHORIZING MINOR MODIFICATIONS AND REPAIR TO EXISTING PIER/MOORING FACILITIES IN ESTUARINE AND PUBLIC TRUST WATERS AND OCEAN HAZARD AREAS › Section 07H .2002 - APPROVAL PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An applicant
				  for a General Permit under this Subchapter shall contact the Division of
				  Coastal Management at the Regional Office indicated on the map located at
https://ncdenr.maps.arcgis.com/apps/webappviewer/index.html?id=1a5881ec85ca40679988982e02665b51
and request approval for development as defined in
				  G.S.
				  113A-130(5).
(b) The applicant shall provide:
(1) information on site location, dimensions
				  of the project area, and his or her name and address; and
(2) confirmation that a written statement has
				  been obtained, signed by the adjacent riparian property owners, indicating that
				  they have no objections to the proposed work; or
(3) confirmation that the adjacent riparian
				  property owners have been notified by certified mail of the proposed work. The
				  notice shall instruct adjacent property owners to provide any comments on the
				  proposed development in writing for consideration by permitting officials to
				  the Division of Coastal Management within 10 days of receipt of the notice and
				  indicate that no response by the adjacent property owners will be interpreted
				  as the adjacent property owners having no objection. Division staff shall
				  review all comments and determine, based on their relevance to the potential
				  impacts of the proposed project, if the proposed project can be approved by a
				  General Permit. If Division staff finds that the comments are worthy of more
				  in-depth review, the Division shall notify the applicant that he or she must
				  submit an application for a major development permit.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter H - STATE GUIDELINES FOR AREAS OF ENVIRONMENTAL CONCERN › Section .2000 - GENERAL PERMIT FOR AUTHORIZING MINOR MODIFICATIONS AND REPAIR TO EXISTING PIER/MOORING FACILITIES IN ESTUARINE AND PUBLIC TRUST WATERS AND OCEAN HAZARD AREAS › Section 07H .2003 - PERMIT FEE

Current through Register Vol. 39, No. 2, July 15, 2024
The applicant shall pay a permit fee of four hundred
					 dollars ($400.00) by check or money order payable to the Department of
					 Environmental Quality.
Authority
					 G.S.
					 113A-107;
					 113A-118.1;
					 113A-119.1;
Eff.
					 October 1, 1993;
Amended Eff. September 1, 2006; August 1,
					 2000;
Readopted Eff. October 1,
					 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter H - STATE GUIDELINES FOR AREAS OF ENVIRONMENTAL CONCERN › Section .2000 - GENERAL PERMIT FOR AUTHORIZING MINOR MODIFICATIONS AND REPAIR TO EXISTING PIER/MOORING FACILITIES IN ESTUARINE AND PUBLIC TRUST WATERS AND OCEAN HAZARD AREAS › Section 07H .2004 - GENERAL CONDITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Permittees
				  shall allow authorized representatives of the Department of Environmental
				  Quality to make inspections at any time in order to ensure that the activity
				  being performed under the authority of the General Permit set forth in this
				  Section is in accordance with the terms and conditions prescribed
				  herein.
(b) There shall be no
				  interference with navigation or use of the waters by the public by the
				  existence of piers or mooring pilings.
(c) The permit set forth in this Section
				  shall not be applicable to proposed construction where the Department has
				  determined based on an initial review of the application that notice and review
				  pursuant to
				  G.S.
				  113A-119 is required because there are
				  unresolved questions concerning the proposed activity's impact on Areas of
				  Environmental Concern.
(d) This
				  permit shall not be applicable where the Department determines that the
				  proposed modification will result in closure of waters to shellfishing under
				  rules adopted by the Commission for Public Health.
Authority
					 G.S.
					 113A-107;
					 113A-118.1;
Eff.
					 January 1, 1994;
Amended Eff. August 1,1998;
Readopted
					 Eff. October 1, 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter H - STATE GUIDELINES FOR AREAS OF ENVIRONMENTAL CONCERN › Section .2000 - GENERAL PERMIT FOR AUTHORIZING MINOR MODIFICATIONS AND REPAIR TO EXISTING PIER/MOORING FACILITIES IN ESTUARINE AND PUBLIC TRUST WATERS AND OCEAN HAZARD AREAS › Section 07H .2005 - SPECIFIC CONDITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All proposed
				  work must be carried out within the existing footprint of the development with
				  no increase in the number of slips and no change in the existing use. "Existing
				  footprint" is defined as the area delineated by the outer most line of tie
				  pilings, ends of piers, and upland basin or area within an enclosing
				  breakwater, whichever is greater.
(b) Modifications to piers and mooring
				  facilities shall not interfere with the access to any riparian property and
				  shall have a minimum setback of 15 feet between any part of the pier or pilings
				  and the adjacent property lines extended into the water at the points that they
				  intersect the shoreline. The minimum setbacks provided in the rule may be
				  waived by the written agreement of the adjacent riparian owners, or when two
				  adjoining riparian owners are co-applicants. Should the adjacent property be
				  sold before construction of the pier or pilings commences, 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
				  development. The line of division of areas 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 a line of the channel so that it
				  intersects with the shore at the point the upland property line meets the
				  water's edge. When shoreline configuration is such that a perpendicular
				  alignment cannot be achieved, the pier shall be aligned to meet the intent of
				  this rule to the maximum extent practicable.
Authority
					 G.S.
					 113A-107;
					 113A-118.1;
Eff.
					 October 1, 1993;
Readopted Eff. October 1,
					 2022.
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 .2101 - PURPOSE

Current through Register Vol. 39, No. 2, July 15, 2024
Persons seeking to construct offshore parallel sheetpile
					 sills constructed from timber, vinyl, or steel sheetpiles for shoreline
					 protection in conjunction with existing or created coastal wetlands shall apply
					 for a general permit under this Section. This permit shall only be applicable
					 in Estuarine Waters and Public Trust Areas. This permit shall not apply to
					 oceanfront shorelines or to waters and shorelines adjacent to the Ocean Hazard
					 AEC with the exception of those shorelines that feature characteristics of
					 Estuarine Shorelines. Such features include the presence of wetland vegetation,
					 lower wave energy, and lower erosion rates than in adjoining Ocean Erodible
					 Area. A Division of Coastal Management representative will make the
					 determination whether the site features characteristics of the Estuarine
					 Shoreline at the time of permit application.
Authority
					 G.S.
					 113A-107;
					 113A-118.1;
Eff.
					 June 1, 1994;
Amended Eff. February 1, 2009; April 1, 2003; August
					 1, 2000;
Readopted Eff. October 1,
					 2022.
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 .2102 - APPROVAL PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An applicant
				  for a General Permit under this Subchapter shall contact the Division of
				  Coastal Management at the Regional Office indicated on the map located at
https://ncdenr.maps.arcgis.com/apps/webappviewer/index.html?id=1a5881ec85ca40679988982e02665b51
and request approval for development as defined in
				  G.S.
				  113A-130(5).
(b) The applicant shall provide:
(1) information on site location, dimensions
				  of the project area, and his or her name and address; and
(2) confirmation that a written statement has
				  been obtained, signed by the adjacent riparian property owners, indicating that
				  they have no objections to the proposed work; or
(3) confirmation that the adjacent riparian
				  property owners have been notified by certified mail of the proposed work. The
				  notice shall instruct adjacent property owners to provide any comments on the
				  proposed development in writing to the Division of Coastal Management within 10
				  days of receipt of the notice and indicate that no response by the adjacent
				  property owners shall be interpreted as the adjacent property owners having no
				  objection. Division staff shall review all comments and determine, based on
				  their relevance to the potential impacts of the proposed project, if the
				  proposed project can be approved by a General Permit. If Division staff finds
				  that the comments are worthy of more in-depth review, the Division shall notify
				  the applicant that he or she must submit an application for a major development
				  permit.
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 .2103 - PERMIT FEE

Current through Register Vol. 39, No. 2, July 15, 2024
The applicant shall pay a permit fee of four hundred
					 dollars ($400.00). This fee shall be paid by check or money order made payable
					 to the Department of Environmental Quality.
Authority
					 G.S.
					 113A-107;
					 113A-118.1;
					 113A-119.1;
Eff.
					 June 1, 1994;
Amended Eff. September 1, 2006; August 1,
					 2000;
Readopted Eff. October 1,
					 2022.
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 .2104 - GENERAL CONDITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Permittees
				  shall allow authorized representatives of the Department of Environmental
				  Quality to make inspections at any time in order to ensure that the activity
				  being performed under authority of this General Permit set forth in this
				  Section is in accordance with the terms and conditions prescribed
				  herein.
(b) The placement of sills
				  authorized in this Rule shall not interfere with the established or traditional
				  rights of navigation of the water by the public.
(c) The permit set forth in this Section
				  shall not be applicable to proposed construction where the Department has
				  determined based on an initial review of the application that notice and review
				  pursuant to
				  G.S.
				  113A-119 is required because there are
				  unresolved questions concerning the proposed activity's impact on Areas of
				  Environmental Concern.
Authority
					 G.S.
					 113A-107;
					 113A-118.1;
RRC
					 Objection due to ambiguity Eff. May 19, 1994;
Eff. July 1,
					 1994;
Amended Eff. February 1, 2009; August 1, 1998;
Readopted Eff. October 1, 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter H - STATE GUIDELINES FOR AREAS OF ENVIRONMENTAL CONCERN › Section .2200 - GENERAL PERMIT FOR CONSTRUCTION OF FREESTANDING MOORINGS AND BIRD NESTING POLES IN ESTUARINE WATERS AND PUBLIC TRUST AREAS AND OCEAN HAZARD AREAS › Section 07H .2201 - PURPOSE

Current through Register Vol. 39, No. 2, July 15, 2024
Persons wishing to place freestanding moorings or bird
					 nesting poles in the Estuarine Waters and Public Trust Areas AECs shall apply
					 for a General Permit according to the rules in this Section. This permit shall
					 not apply to waters adjacent to oceanfront shorelines or to waters and
					 shorelines adjacent to the Ocean Hazard AEC with the exception of those
					 shorelines that feature characteristics of the Estuarine Shoreline AEC. Such
					 features include the presence of wetland vegetation, lower wave energy, and
					 lower erosion rates than the adjacent Ocean Erodible Area. A Division of
					 Coastal Management representative will make the determination whether the site
					 features characteristics of the Estuarine Shoreline at the time of permit
					 application.
Authority
					 G.S.
					 113A-107;
					 113A-118.1;
Eff.
					 February 1, 1996;
Amended Eff. January 1, 2018; April 1,
					 2003;
Readopted Eff. October 1,
					 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter H - STATE GUIDELINES FOR AREAS OF ENVIRONMENTAL CONCERN › Section .2200 - GENERAL PERMIT FOR CONSTRUCTION OF FREESTANDING MOORINGS AND BIRD NESTING POLES IN ESTUARINE WATERS AND PUBLIC TRUST AREAS AND OCEAN HAZARD AREAS › Section 07H .2202 - APPROVAL PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An applicant
				  for a General Permit under this Subchapter shall contact the Division of
				  Coastal Management at the Regional Office indicated on the map located at
https://ncdenr.maps.arcgis.com/apps/webappviewer/index.html?id=1a5881ec85ca40679988982e02665b51
and request approval for development as defined in
				  G.S.
				  113A-130(5).
(b) The applicant shall provide:
(1) information on site location, dimensions
				  of the project area, and his or her name and address; and
(2) confirmation that a written statement has
				  been obtained, signed by the adjacent riparian property owners indicating that
				  they have no objections to the proposed work; or
(3) confirmation that the adjacent riparian
				  property owners have been notified by certified mail of the proposed work. The
				  notice shall instruct adjacent property owners to provide any comments on the
				  proposed development in writing to the Division of Coastal Management within 10
				  days of receipt of the notice and indicate that no response by the adjacent
				  property owners shall be interpreted as the adjacent property owners having no
				  objection. Division staff shall review all comments and determine, based on
				  their relevance to the potential impacts of the proposed project, if the
				  proposed project can be approved by a General Permit. If Division staff finds
				  that the comments are worthy of more in-depth review, the Division shall notify
				  the applicant that he or she must submit an application for a major development
				  permit.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter H - STATE GUIDELINES FOR AREAS OF ENVIRONMENTAL CONCERN › Section .2200 - GENERAL PERMIT FOR CONSTRUCTION OF FREESTANDING MOORINGS AND BIRD NESTING POLES IN ESTUARINE WATERS AND PUBLIC TRUST AREAS AND OCEAN HAZARD AREAS › Section 07H .2203 - PERMIT FEE

Current through Register Vol. 39, No. 2, July 15, 2024
The applicant shall pay a permit fee of four hundred
					 dollars ($400.00). This fee shall be paid by check or money order made payable
					 to the Department of Environmental Quality.
Authority
					 G.S.
					 113A-107;
					 113A-118.1;
					 113A-119;
					 113A-119.1;
Eff.
					 February 1, 1996;
Amended Eff. September 1, 2006; August 1,
					 2000;
Readopted Eff. October 1,
					 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter H - STATE GUIDELINES FOR AREAS OF ENVIRONMENTAL CONCERN › Section .2200 - GENERAL PERMIT FOR CONSTRUCTION OF FREESTANDING MOORINGS AND BIRD NESTING POLES IN ESTUARINE WATERS AND PUBLIC TRUST AREAS AND OCEAN HAZARD AREAS › Section 07H .2204 - GENERAL CONDITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A "freestanding
				  mooring" is any means to attach a ship, boat, vessel, floating structure, or
				  other water craft to a stationary underwater device, mooring buoy, buoyed
				  anchor, or piling (as long as the piling is not associated with an existing or
				  proposed pier, dock, or boathouse).
(b) A "bird nesting pole" is any pole or
				  piling erected, with a platform on top, for the purpose of attracting birds for
				  nesting.
(c) Freestanding moorings
				  and bird nesting poles authorized by this permit shall be for the exclusive use
				  of the riparian landowner(s) in whose name the permit is issued and shall not
				  provide either leased or rented moorings or any other commercial
				  services.
(d) Permittees shall
				  allow authorized representatives of the Department of Environmental Quality to
				  make inspections at any time in order to ensure that the activity being
				  performed under the authority of this General Permit set forth in this Section
				  is in accordance with the terms and conditions prescribed herein.
(e) Freestanding moorings or bird nesting
				  poles authorized by this permit shall not interfere with navigation or use of
				  the waters by the public.
(f) The
				  permit set forth in this Section may not be applicable to proposed construction
				  when the Department has determined that based on an initial review of the
				  application that notice and review pursuant to
				  G.S.
				  113A-119 is required because there are
				  unresolved questions concerning the proposed activity's impact on Areas of
				  Environmental Concern.
Authority
					 G.S.
					 113A-107;
					 113A-118.1;
Eff.
					 February 1, 1996;
Amended Eff: January 1, 2018;
Readopted Eff. October 1, 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter H - STATE GUIDELINES FOR AREAS OF ENVIRONMENTAL CONCERN › Section .2300 - GENERAL PERMIT FOR REPLACEMENT OF EXISTING BRIDGES AND CULVERTS IN ESTUARINE WATERS, ESTUARINE AND PUBLIC TRUST SHORELINES, PUBLIC TRUST AREAS, AND COASTAL WETLANDS › Section 07H .2301 - PURPOSE

Current through Register Vol. 39, No. 2, July 15, 2024
A person wishing to replace existing bridges and culverts
					 in estuarine waters, estuarine and public trust shorelines, public trust areas,
					 and coastal wetlands AECs, shall apply for a General Permit pursuant to the
					 rules in this Section.
Authority
					 G.S.
					 113A-107;
					 113A-118.1;
					 113A-124;
Eff. June
					 1, 1996;
Amended Eff. August 1, 2000;
Readopted Eff.
					 October 1, 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter H - STATE GUIDELINES FOR AREAS OF ENVIRONMENTAL CONCERN › Section .2300 - GENERAL PERMIT FOR REPLACEMENT OF EXISTING BRIDGES AND CULVERTS IN ESTUARINE WATERS, ESTUARINE AND PUBLIC TRUST SHORELINES, PUBLIC TRUST AREAS, AND COASTAL WETLANDS › Section 07H .2302 - APPROVAL PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An applicant
				  for a General Permit under this Subchapter shall contact the Division of
				  Coastal Management at the Regional Office indicated on the map located at
https://ncdenr.maps.arcgis.com/apps/webappviewer/index.html?id=1a5881ec85ca40679988982e02665b51
and request approval for development as defined in
				  G.S.
				  113A-130(5).
(b) The applicant shall provide:
(1) the site location, dimensions of the
				  project area, and his or her name and address; and
(2) confirmation that a written statement has
				  been obtained, signed by the adjacent riparian property owners, indicating that
				  they have no objections to the proposed work; or
(3) confirmation that the adjacent riparian
				  property owners have been notified by certified mail of the proposed work. The
				  notice shall instruct adjacent property owners to provide any comments on the
				  proposed development in writing to the Division of Coastal Management within 10
				  days of receipt of the notice and indicate that no response by the adjacent
				  property owners will be interpreted as the adjacent property owners having no
				  objection. Division staff shall review all comments and determine, based on
				  their relevance to the potential impacts of the proposed project, if the
				  proposed project can be approved by a General Permit. If Division staff finds
				  that the comments are worthy of more in-depth review, the Division shall notify
				  the applicant that he or she must submit an application for a major development
				  permit.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter H - STATE GUIDELINES FOR AREAS OF ENVIRONMENTAL CONCERN › Section .2300 - GENERAL PERMIT FOR REPLACEMENT OF EXISTING BRIDGES AND CULVERTS IN ESTUARINE WATERS, ESTUARINE AND PUBLIC TRUST SHORELINES, PUBLIC TRUST AREAS, AND COASTAL WETLANDS › Section 07H .2303 - PERMIT FEE

Current through Register Vol. 39, No. 2, July 15, 2024
The applicant shall pay a permit fee of four hundred
					 dollars ($400.00). This fee shall be paid by inter-departmental fund transfer,
					 check, or money order made payable to the Department of Environmental
					 Quality.
Authority
					 G.S.
					 113A-107;
					 113A-118.1;
					 113A-119;
					 113A-119.1;
					 113A-124;
Eff. June
					 1, 1996;
Amended Eff. May 1, 2010; September 1, 2006; August 1,
					 2000;
Readopted Eff. October 1,
					 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter H - STATE GUIDELINES FOR AREAS OF ENVIRONMENTAL CONCERN › Section .2300 - GENERAL PERMIT FOR REPLACEMENT OF EXISTING BRIDGES AND CULVERTS IN ESTUARINE WATERS, ESTUARINE AND PUBLIC TRUST SHORELINES, PUBLIC TRUST AREAS, AND COASTAL WETLANDS › Section 07H .2304 - GENERAL CONDITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Projects
				  authorized by this permit shall be demolition, removal, and replacement of
				  existing bridges and culverts along the existing alignment and conforming to
				  the standards in this Rule. This permit shall be applicable only to single
				  bridge and culvert projects and shall not authorize temporary fill causeways or
				  temporary bridges that may be associated with bridge replacement
				  projects.
(b) The permittee shall
				  allow authorized representatives of the Department of Environmental Quality to
				  make inspections at any time in order to ensure that the activity being
				  performed under authority of this General Permit is in accordance with the
				  terms and conditions prescribed herein.
(c) The permit set forth in this Section
				  shall not be applicable to proposed construction where the Department
				  determined based on an initial review of the application that notice and review
				  pursuant to
				  G.S.
				  113A-119 is required because there are
				  unresolved questions concerning the proposed activity's impact on Areas of
				  Environmental Concern.
(d) Review
				  of individual project requests shall be coordinated with the Division of Marine
				  Fisheries (DMF) and the Wildlife Resources Commission (WRC). This may result in
				  a construction moratorium during periods of significant biological productivity
				  or critical life stages as determined by the WRC and DMF.
(e) Development under this permit shall be
				  carried out within Department of Transportation (DOT) right-of-ways or on lands
				  under the ownership of the applicant in the case of a non-DOT
				  project.
(f) Bridge and culvert
				  replacements shall be designed to minimize any adverse impacts to potential
				  navigation or use of the waters by the public.
Authority
					 G.S.
					 113A-107;
					 113A-118.1;
					 113A-124;
Eff. June
					 1, 1996;
Amended Eff. May 1, 2010;
Readopted Eff.
					 October 1, 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter H - STATE GUIDELINES FOR AREAS OF ENVIRONMENTAL CONCERN › Section .2400 - GENERAL PERMIT FOR PLACEMENT OF RIPRAP REVETMENTS FOR WETLAND PROTECTION IN ESTUARINE AND PUBLIC TRUST WATERS › Section 07H .2401 - PURPOSE

Current through Register Vol. 39, No. 2, July 15, 2024
Persons wishing to construct riprap revetments for wetland
					 protection in estuarine and public trust waters, immediately adjacent to and
					 waterward of the wetland toe, shall apply for a General Permit under this
					 Section. This permit shall not apply to oceanfront shorelines or to waters and
					 shorelines adjacent to the Ocean Hazard AEC with the exception of those
					 portions of shoreline that feature characteristics of Estuarine Shorelines.
					 Such features include the presence of wetland vegetation, lower wave energy,
					 and lower erosion rates than in the adjoining Ocean Erodible
					 Area.
Authority
					 G.S.
					 113A-107;
					 113A-118.1;
Eff.
					 August 1, 2000;
Amended Eff. February 1, 2009; April 1,
					 2003;
Readopted Eff. October 1,
					 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter H - STATE GUIDELINES FOR AREAS OF ENVIRONMENTAL CONCERN › Section .2400 - GENERAL PERMIT FOR PLACEMENT OF RIPRAP REVETMENTS FOR WETLAND PROTECTION IN ESTUARINE AND PUBLIC TRUST WATERS › Section 07H .2402 - APPROVAL PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An applicant
				  for a General Permit under this Subchapter shall contact the Division of
				  Coastal Management at the Regional Office indicated on the map located at
https://ncdenr.maps.arcgis.com/apps/webappviewer/index.html?id=1a5881ec85ca40679988982e02665b51
and request approval for development as defined in
				  G.S.
				  113A-130(5).
(b) The applicant shall provide:
(1) the site location, dimensions of the
				  project area, and his or her name and address; and
(2) confirmation that a written statement has
				  been obtained, signed by the adjacent riparian property owners, indicating that
				  they have no objections to the proposed work; or
(3) confirmation that the adjacent riparian
				  property owners have been notified by certified mail of the proposed work. The
				  notice shall instruct adjacent property owners to provide any comments on the
				  proposed development in writing to the Division of Coastal Management within 10
				  days of receipt of the notice and indicate that no response by the adjacent
				  property owners shall be interpreted as the adjacent property owners having no
				  objection. Division staff shall review all comments and determine, based on
				  their relevance to the potential impacts of the proposed project, if the
				  proposed project can be approved by a General Permit. If Division staff finds
				  that the comments are worthy of more in-depth review, the Division shall notify
				  the applicant that he or she must submit an application for a major development
				  permit.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter H - STATE GUIDELINES FOR AREAS OF ENVIRONMENTAL CONCERN › Section .2400 - GENERAL PERMIT FOR PLACEMENT OF RIPRAP REVETMENTS FOR WETLAND PROTECTION IN ESTUARINE AND PUBLIC TRUST WATERS › Section 07H .2403 - PERMIT FEE

Current through Register Vol. 39, No. 2, July 15, 2024
The applicant shall pay a permit fee of four hundred
					 dollars ($400.00). This fee shall be paid by check or money order made payable
					 to the Department of Environmental Quality.
Authority
					 G.S.
					 113A-107;
					 113A-118.1;
					 113A-119.1;
Eff.
					 August 1, 2000;
Amended Eff. September 1, 2006;
Readopted Eff. October 1, 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter H - STATE GUIDELINES FOR AREAS OF ENVIRONMENTAL CONCERN › Section .2400 - GENERAL PERMIT FOR PLACEMENT OF RIPRAP REVETMENTS FOR WETLAND PROTECTION IN ESTUARINE AND PUBLIC TRUST WATERS › Section 07H .2404 - GENERAL CONDITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) This permit
				  authorizes only the construction of wetland protection structures conforming to
				  the standards herein.
(b)
				  Permittees shall allow authorized representatives of the Department of
				  Environmental Quality to make inspections at any time in order to ensure that
				  the activity being performed under authority of this General Permit set forth
				  in this Section is in accordance with the terms and conditions prescribed
				  herein.
(c) The placement of riprap
				  revetments authorized in this Rule shall not interfere with the established or
				  traditional rights of navigation of the waters by the public.
(d) This permit shall not be applicable to
				  proposed construction where the Division of Coastal Management has determined,
				  based on an initial review of the application, that notice and review pursuant
				  to G.S.
				  113A-119 is required because there are
				  unresolved questions concerning the proposed activity's impact on Areas of
				  Environmental Concern.
Authority
					 G.S.
					 113A-107;
					 113A-118.1;
Eff.
					 August 1, 2000;
Amended Eff. February 1, 2009;
Readopted Eff. October 1, 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter H - STATE GUIDELINES FOR AREAS OF ENVIRONMENTAL CONCERN › Section .2400 - GENERAL PERMIT FOR PLACEMENT OF RIPRAP REVETMENTS FOR WETLAND PROTECTION IN ESTUARINE AND PUBLIC TRUST WATERS › Section 07H .2405 - SPECIFIC CONDITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) This General
				  Permit shall only be applicable along shorelines possessing wetlands, which
				  exhibit an identifiable escarpment.
(b) The structure shall be constructed of
				  granite, marl, riprap, concrete without exposed rebar, or other suitable
				  equivalent materials approved by the Division of Coastal Management.
(c) The height of the erosion escarpment
				  shall not exceed three feet.
(d)
				  The riprap shall be placed immediately waterward of the erosion
				  escarpment.
(e) The riprap
				  revetment shall be positioned so as not to exceed a maximum of six feet
				  waterward of the erosion escarpment at any point along its alignment with a
				  slope no flatter than three feet horizontal per one foot vertical and no
				  steeper than one and one half feet horizontal per one foot vertical.
(f) The riprap shall be positioned so as not
				  to exceed a maximum of six inches above the elevation of the adjacent wetland
				  substrate or escarpment.
(g)
				  Construction authorized by this general permit will be limited to a maximum
				  length of 500 feet.
(h) No backfill
				  or any other fill of wetlands, submerged aquatic vegetation, estuarine waters,
				  public trust areas, or highground areas 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) Riprap material
				  used for revetment construction shall be free from loose dirt or any pollutant
				  and be of a size sufficient to prevent its movement from the site by wave
				  action or currents.
(k) If the
				  crossing of wetlands with mechanized or non-mechanized construction equipment
				  is necessary, temporary construction mats shall be utilized for the area to be
				  crossed. The temporary mats shall be removed immediately upon completion of
				  construction of the riprap structure.
(l) The permittee shall maintain the
				  structure in conformance with the terms and conditions of this permit or the
				  remaining riprap revetment shall be removed within 90 days of notification from
				  the Division of Coastal Management.
Authority
					 G.S.
					 113A-107;
					 113A-107;
					 113A-108;
					 113A-118.1;
Eff.
					 August 1, 2000;
Amended Eff. February 1, 2009;
Readopted Eff. October 1, 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter H - STATE GUIDELINES FOR AREAS OF ENVIRONMENTAL CONCERN › Section .2500 - EMERGENCY GENERAL PERMIT, TO BE INITIATED AT THE DISCRETION OF THE SECRETARY OF THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES FOR REPLACEMENT OF STRUCTURES, THE RECONSTRUCTION OF PRIMARY OR FRONTAL DUNE SYSTEMS, AND THE MAINTENANCE EXCAVATION OF EXISTING CANALS, BASINS, CHANNELS, OR DITCHES, DAMAGED, DESTROYED, OR FILLED IN BY HURRICANES OR TROPICAL STORMS, PROVIDED ALL REPLACEMENT, RECONSTRUCTION AND MAINTENANCE EXCAVATION ACTIVITIES CONFORM TO ALL CURRENT STANDARDS › Section 07H .2501 - PURPOSE

Current through Register Vol. 39, No. 2, July 15, 2024
Following damage to coastal North Carolina due to
					 hurricanes or tropical storms, the Secretary may, based upon an examination of
					 the extent and severity of the damage, implement any or all provisions of this
					 Section. Factors the Secretary may consider in making this decision include,
					 but are not limited to, severity and scale of property damage, designation of
					 counties as disaster areas, reconnaissance of the impacted areas, or
					 discussions with staff, state, or federal emergency response agencies. This
					 permit shall allow for:
(1) the
				  replacement of structures that were located within the estuarine system or
				  public trust Areas of Environmental Concern and that were destroyed or damaged
				  beyond 50 percent of the structures value as a result of any hurricane or
				  tropical storm;
(2) a one time per
				  property fee waiver for the reconstruction or repair by beach bulldozing of
				  hurricane or tropical storm damaged frontal or primary dune systems;
				  and
(3) a one time per property fee
				  waiver for maintenance dredging activities within existing basins, canals,
				  channels, and ditches. Structure replacement, dune reconstruction, and
				  maintenance excavation activities authorized by this permit shall conform with
				  all current use standards and regulations. The structural replacement component
				  of this general permit shall only be applicable where the structure was in
				  place and serving its intended function at the time of the impacting hurricane
				  or storm, and shall not apply within the Ocean Hazard System of Areas of
				  Environmental Concern (AEC) or waters adjacent to these AECs with the exception
				  of those portions of shoreline that feature characteristics of Estuarine
				  Shorelines. Such features include the presence of wetland vegetation, lower
				  wave energy, and lower erosion rates than in the adjoining Ocean Erodible
				  Area.
Authority
					 G.S.
					 113A-107;
					 113A-118.1;
Temporary Adoption Eff. October 2, 1999;
Temporary Adoption Expired
					 on July 28, 2000;
Eff. April 1, 2001;
Readopted Eff.
					 July 1, 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter H - STATE GUIDELINES FOR AREAS OF ENVIRONMENTAL CONCERN › Section .2500 - EMERGENCY GENERAL PERMIT, TO BE INITIATED AT THE DISCRETION OF THE SECRETARY OF THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES FOR REPLACEMENT OF STRUCTURES, THE RECONSTRUCTION OF PRIMARY OR FRONTAL DUNE SYSTEMS, AND THE MAINTENANCE EXCAVATION OF EXISTING CANALS, BASINS, CHANNELS, OR DITCHES, DAMAGED, DESTROYED, OR FILLED IN BY HURRICANES OR TROPICAL STORMS, PROVIDED ALL REPLACEMENT, RECONSTRUCTION AND MAINTENANCE EXCAVATION ACTIVITIES CONFORM TO ALL CURRENT STANDARDS › Section 07H .2502 - APPROVAL PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The applicant
				  must contact the Division of Coastal Management and request approval for
				  structural replacement, dune reconstruction, or maintenance
				  excavation.
(b) The applicant shall
				  provide:
(1) the site location, dimensions of
				  the project area including shoreline length, a description of the repair,
				  replacement, reconstruction, or maintenance excavation needed, and his or her
				  name and address. In the case of structural replacements, any additional
				  documentation confirming the existence of the structure prior to the hurricane
				  or tropical storm, such as surveys, previous permits, photographs or videos;
				  and
(2) Description of the extent
				  of repair, replacement, reconstruction, or maintenance excavation needed,
				  including dimensions and shoreline length.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter H - STATE GUIDELINES FOR AREAS OF ENVIRONMENTAL CONCERN › Section .2500 - EMERGENCY GENERAL PERMIT, TO BE INITIATED AT THE DISCRETION OF THE SECRETARY OF THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES FOR REPLACEMENT OF STRUCTURES, THE RECONSTRUCTION OF PRIMARY OR FRONTAL DUNE SYSTEMS, AND THE MAINTENANCE EXCAVATION OF EXISTING CANALS, BASINS, CHANNELS, OR DITCHES, DAMAGED, DESTROYED, OR FILLED IN BY HURRICANES OR TROPICAL STORMS, PROVIDED ALL REPLACEMENT, RECONSTRUCTION AND MAINTENANCE EXCAVATION ACTIVITIES CONFORM TO ALL CURRENT STANDARDS › Section 07H .2503 - PERMIT FEE

Current through Register Vol. 39, No. 2, July 15, 2024
The standard permit fee of four hundred dollars ($400.00)
					 has been waived for this General Permit.
Authority
					 G.S.
					 113A-107;
					 113A-118.1;
Temporary Adoption Eff. October 2, 1999;
Temporary Adoption Expired
					 on July 28, 2000;
Eff. April 1, 2001;
Amended Eff.
					 September 1, 2006;
Readopted Eff. July 1,
					 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter H - STATE GUIDELINES FOR AREAS OF ENVIRONMENTAL CONCERN › Section .2500 - EMERGENCY GENERAL PERMIT, TO BE INITIATED AT THE DISCRETION OF THE SECRETARY OF THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES FOR REPLACEMENT OF STRUCTURES, THE RECONSTRUCTION OF PRIMARY OR FRONTAL DUNE SYSTEMS, AND THE MAINTENANCE EXCAVATION OF EXISTING CANALS, BASINS, CHANNELS, OR DITCHES, DAMAGED, DESTROYED, OR FILLED IN BY HURRICANES OR TROPICAL STORMS, PROVIDED ALL REPLACEMENT, RECONSTRUCTION AND MAINTENANCE EXCAVATION ACTIVITIES CONFORM TO ALL CURRENT STANDARDS › Section 07H .2505 - SPECIFIC CONDITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The replacement
				  of a damaged or destroyed structure shall take place within the footprint and
				  dimensions that existed immediately prior to the damaging hurricane or tropical
				  storm. No structural enlargement or additions shall be allowed.
(b) Structure replacement, dune
				  reconstruction, and maintenance excavation authorized by this permit shall
				  conform to the existing use standards and regulations for exemptions, minor
				  development permits, and major development permits, including general permits.
				  These use standards include, but are not limited to:
(1)
											15A NCAC
				  07H .0208(b)(6) for the
				  replacement of docks and piers;
(2)
											15A NCAC
				  07H .0208(b)(7) for the
				  replacement of bulkheads and shoreline stabilization measures;
(3)
											15A NCAC
				  07H .0208(b)(9) for the
				  replacement of wooden and riprap groins;
(4)
											15A NCAC
				  07H .1500 for maintenance excavation
				  activities; and
(5)
											15A NCAC
				  07H .1800 for beach bulldozing in the Ocean
				  Hazard AEC.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter H - STATE GUIDELINES FOR AREAS OF ENVIRONMENTAL CONCERN › Section .2600 - GENERAL PERMIT FOR CONSTRUCTION OF MITIGATION BANKS AND IN-LIEU FEE MITIGATION PROJECTS › Section 07H .2601 - PURPOSE

Current through Register Vol. 39, No. 2, July 15, 2024
Persons seeking to construct mitigation banks and in-lieu
					 fee mitigation projects shall apply for a General Permit according to the rules
					 in this Section. This permit shall be applicable only for activities resulting
					 in net increases in aquatic resource functions and services per 73 FR 19670 and
					 federal Clean Water Act, at 33 U.S.C. 401 et seq.;
					 33 U.S.C.
					 1344; and
					 Pub. L.
					 108-136. These activities include:
(1) restoration;
(2) enhancement;
(3) establishment of tidal and non-tidal
				  wetlands and riparian areas;
(4)
				  restoration and enhancement of non-tidal streams and other non-tidal open
				  waters; and
(5) rehabilitation or
				  enhancement of tidal streams, tidal wetlands, and tidal open waters.
This permit shall not apply within the Ocean Hazard System
					 of Areas of Environmental Concern (AEC) or waters adjacent to these AECs with
					 the exception of those portions of shoreline within the Inlet Hazard Area AEC
					 that feature characteristics of Estuarine Shorelines. Such features include the
					 presence of wetland vegetation, lower wave energy, and lower erosion rates than
					 in the adjoining Ocean Erodible Area. A Division of Coastal Management
					 representative will make the determination whether the site features
					 characteristics of the Estuarine Shoreline at the time of permit
					 application.
Authority
					 G.S.
					 113A-107;
					 113A-118.1;
Eff.
					 October 1, 2004;
Amended Eff. October 1, 2014;
Readopted Eff. October 1, 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter H - STATE GUIDELINES FOR AREAS OF ENVIRONMENTAL CONCERN › Section .2600 - GENERAL PERMIT FOR CONSTRUCTION OF MITIGATION BANKS AND IN-LIEU FEE MITIGATION PROJECTS › Section 07H .2602 - APPROVAL PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The applicant
				  shall contact the Division of Coastal Management at the Regional Office
				  indicated on the map located at
https://ncdenr.maps.arcgis.com/apps/webappviewer/index.html?id=1a5881ec85ca40679988982e02665b51
and request approval for development as defined in
				  G.S.
				  113A-130(5).
(b) The applicant shall provide:
(1) the site location, dimensions of the
				  project area, and his or her name and address; and
(2) confirmation that a written statement has
				  been obtained, signed by the adjacent riparian property owners, indicating that
				  they have no objections to the proposed work; or
(3) confirmation that the adjacent riparian
				  property owners have been notified by certified mail of the proposed work. The
				  notice shall instruct adjacent property owners to provide any comments on the
				  proposed development in writing for to the Division of Coastal Management
				  within 10 days of receipt of the notice and indicate that no response by the
				  adjacent property owners will be interpreted as the adjacent property owners
				  having no objection. Division staff shall review all comments and determine,
				  based on their relevance to the potential impacts of the proposed project, if
				  the proposed project can be approved by a General Permit. If Division staff
				  finds that the comments are worthy of more in-depth review, the Division shall
				  notify the applicant that he or she must submit an application for a major
				  development permit.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter H - STATE GUIDELINES FOR AREAS OF ENVIRONMENTAL CONCERN › Section .2600 - GENERAL PERMIT FOR CONSTRUCTION OF MITIGATION BANKS AND IN-LIEU FEE MITIGATION PROJECTS › Section 07H .2603 - PERMIT FEE

Current through Register Vol. 39, No. 2, July 15, 2024
The applicant shall pay a permit fee of four hundred
					 dollars ($400.00). This fee shall be paid by check or money order made payable
					 to the Department of Environmental Quality.
Authority
					 G.S.
					 113A-107;
					 113A-118.1;
					 113A-119.1;
Eff.
					 October 1, 2004;
Amended Eff. September 1, 2006;
Readopted Eff. October 1, 2022.