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 .1300 - GENERAL PERMIT TO CONSTRUCT BOAT RAMPS ALONG ESTUARINE AND PUBLIC TRUST SHORELINES AND INTO ESTUARINE AND PUBLIC TRUST WATERS › Section 07H .1302 - 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
				  ten 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 .1300 - GENERAL PERMIT TO CONSTRUCT BOAT RAMPS ALONG ESTUARINE AND PUBLIC TRUST SHORELINES AND INTO ESTUARINE AND PUBLIC TRUST WATERS › Section 07H .1303 - PERMIT FEE

Current through Register Vol. 39, No. 2, July 15, 2024
The applicant shall pay a permit fee of four hundred
					 ($400.00) by check or money order payable to the Department of Environmental
					 Quality.
Authority
					 G.S.
					 113A-107;
					 113A-113(b);
					 113A-118.1;
					 113A-119;
					 113A-119.1;
					 113A-124;
Eff. March
					 1, 1984;
Amended Eff. September 1, 2006; August 1, 2000; March 1,
					 1991;
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 .1300 - GENERAL PERMIT TO CONSTRUCT BOAT RAMPS ALONG ESTUARINE AND PUBLIC TRUST SHORELINES AND INTO ESTUARINE AND PUBLIC TRUST WATERS › Section 07H .1304 - GENERAL CONDITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Structures
				  authorized by this permit shall be non-commercial boat ramps constructed of
				  acceptable material and 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 the General Permit set forth in this Section is in accordance with
				  the terms and conditions prescribed herein.
(c) There shall be no interference with
				  navigation or use of the waters by the public through the existence of boat
				  ramps.
(d) 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(a);
					 113A-107(b);
					 113A-113(b);
					 113A-118.1;
					 113A-124;
Eff. March
					 1, 1984;
Amended Eff. May 1, 1990;
RRC Objection due to
					 ambiguity Eff. May 19, 1994;
Amended Eff. August 1, 1998; July 1,
					 1994;
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 .1400 - GENERAL PERMIT FOR CONSTRUCTION OF GROINS IN ESTUARINE AND PUBLIC TRUST WATERS AND OCEAN HAZARD AREAS › Section 07H .1401 - PURPOSE

Current through Register Vol. 39, No. 2, July 15, 2024
A person requesting the construction of groins in the
					 Estuarine and Public Trust Waters AECs shall apply for a General Permit
					 according to the rules in this Section. This general permit shall not apply to
					 the 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.
Authority
					 G.S.
					 113A-107(a);
					 113A-107(b);
					 113A-113(b);
					 113A-118.1;
					 113A-124(c);
Eff. March 1, 1984;
Temporary Amendment Eff. December 1,
					 2002;
Amended Eff. February 1, 2009; August 1, 2004; 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 .1400 - GENERAL PERMIT FOR CONSTRUCTION OF GROINS IN ESTUARINE AND PUBLIC TRUST WATERS AND OCEAN HAZARD AREAS › Section 07H .1402 - 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 shall indicate that no response by the
				  adjacent property owners shall be interpreted as the adjacent property owners
				  having no objection. Division staff of Coastal Management 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 .1400 - GENERAL PERMIT FOR CONSTRUCTION OF GROINS IN ESTUARINE AND PUBLIC TRUST WATERS AND OCEAN HAZARD AREAS › Section 07H .1403 - 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-113(b);
					 113A-118.1;
					 113A-119;
					 113A-119.1;
					 113A-124;
Eff. March
					 1, 1984;
Amended Eff. September 1, 2006; August 1, 2000; March 1,
					 1991;
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 .1400 - GENERAL PERMIT FOR CONSTRUCTION OF GROINS IN ESTUARINE AND PUBLIC TRUST WATERS AND OCEAN HAZARD AREAS › Section 07H .1404 - GENERAL CONDITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Structures
				  authorized by a General Permit in this Section shall be timber, sheetpile, or
				  riprap groins.
(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 the General Permit set forth in this Section is in
				  accordance with the terms and conditions prescribed herein.
(c) The placement of groins authorized in
				  this Rule shall not interfere with the established or traditional rights of
				  navigation of the waters by the public.
(d) 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(a);
					 113A-107(b);
					 113A-113(b);
					 113A-118.1;
					 113A-124;
Eff. March
					 1, 1984;
Amended Eff. May 1, 1990;
RRC Objection due to
					 ambiguity Eff. May 16, 1994;
Amended Eff. August 1, 1998; July 1,
					 1994;
Temporary Amendment Eff. December 1, 2002;
Amended Eff. February 1, 2009; August 1, 2004;
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 .1400 - GENERAL PERMIT FOR CONSTRUCTION OF GROINS IN ESTUARINE AND PUBLIC TRUST WATERS AND OCEAN HAZARD AREAS › Section 07H .1405 - SPECIFIC CONDITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Groins shall be
				  perpendicular to the shoreline and shall not extend more than 25 feet waterward
				  of the normal high water or normal water level.
(b) Riprap groins shall not exceed a base
				  width of 10 feet.
(c) Groins shall
				  be set back at least 15 feet from the riparian access dividing line as measured
				  from the closest point of the structure. This setback may be waived by 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 groin 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 of the groin.
(d) The height of sheetpile groins shall not
				  exceed one foot above normal high water or the normal water level and the
				  height of riprap groins shall not exceed two feet above normal high water or
				  the normal water level.
(e)
				  Material used for groin construction shall be free from loose dirt. Groin
				  material must be of sufficient size to prevent its movement from the site by
				  wave action or currents.
(f)
				  Structure spacing shall be two times the groin length as measured from the
				  centerline of the structure. Spacing may be less than two times the groin
				  length around channels, docking facilities, boat lifts, or boat ramps and when
				  positioned to prevent sedimentation or accretion around channels, docking
				  facilities, boat lifts, or boat ramps.
(g) "L" and "T" sections shall not be allowed
				  at the end of groins.
(h) Groins
				  shall be constructed of granite, marl, concrete without exposed rebar, timber,
				  vinyl sheet pile, steel sheet pile, or other suitable equivalent materials
				  approved by the Division of Coastal Management.
Authority
					 G.S.
					 113A-107(a);
					 113A-107(b);
					 113A-113(b);
					 113A-118.1;
					 113A-124;
Eff. March
					 1, 1984;
Temporary Amendment Eff. December 1, 2002;
Amended Eff. February 1, 2009; August 1, 2004;
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 .1500 - GENERAL PERMIT FOR EXCAVATION WITHIN OR CONNECTING TO EXISTING CANALS, CHANNELS, BASINS, OR DITCHES IN ESTUARINE WATERS, PUBLIC TRUST WATERS, AND COASTAL SHORELINE AECS › Section 07H .1501 - PURPOSE

Current through Register Vol. 39, No. 2, July 15, 2024
A person requesting excavation within or connecting to
					 existing canals, channels, basins, or ditches in Estuarine Waters, Public Trust
					 Waters, and Coastal Shorelines AECs for the purpose of maintaining water depths
					 and creating new boat basins from non-wetland areas that will be used for
					 private, non-commercial activities shall apply for a General Permit according
					 to the rules of this Section.
Authority
					 G.S.
					 113A-107(a),(b);
					 113A-113(b);
					 113A-118.1;
					 113-229(c1);
Eff. July 1, 1984;
Amended Eff. July 1, 2015; December 1,
					 1987;
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 .1500 - GENERAL PERMIT FOR EXCAVATION WITHIN OR CONNECTING TO EXISTING CANALS, CHANNELS, BASINS, OR DITCHES IN ESTUARINE WATERS, PUBLIC TRUST WATERS, AND COASTAL SHORELINE AECS › Section 07H .1502 - 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
				  ten 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 .1500 - GENERAL PERMIT FOR EXCAVATION WITHIN OR CONNECTING TO EXISTING CANALS, CHANNELS, BASINS, OR DITCHES IN ESTUARINE WATERS, PUBLIC TRUST WATERS, AND COASTAL SHORELINE AECS › Section 07H .1503 - APPLICATION FEE

Current through Register Vol. 39, No. 2, July 15, 2024
The applicant shall pay a permit fee of four hundred
					 dollars ($400.00) for maintenance excavation up to 1,000 cubic yards. Permit
					 fees shall be paid by check or money order payable to the Department of
					 Environmental Quality.
Authority
					 G.S.
					 113A-107;
					 113A-113(b);
					 113A-118.1;
					 113A-119;
					 113A-119.1;
					 113A-124;
Eff. July
					 1, 1984;
Amended Eff. September 1, 2006; August 1, 2000; March 1,
					 1991;
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 .1500 - GENERAL PERMIT FOR EXCAVATION WITHIN OR CONNECTING TO EXISTING CANALS, CHANNELS, BASINS, OR DITCHES IN ESTUARINE WATERS, PUBLIC TRUST WATERS, AND COASTAL SHORELINE AECS › Section 07H .1504 - GENERAL CONDITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Permittees
				  shall allow representatives of the Department of Environmental Quality to make
				  inspections at any time to ensure that the activity being performed under
				  authority of the General Permit set forth in this Section is in accordance with
				  the terms and conditions prescribed herein.
(b) 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.
(c) No new
				  basins shall be allowed that result in closure of shellfish waters according to
				  the closure policy of the Division of Marine Fisheries,
				  15A NCAC
				  18A .0911.
Authority
					 G.S.
					 113A-107(a),(b);
					 G.S.
					 113A-108;
					 113A-113(b);
					 113A-118.1;
					 113-229(c1);
Eff. July 1, 1984;
Amended Eff. May 1, 1990; December 1,
					 1987;
RRC Objection due to ambiguity Eff. May 19, 1994;
Amended Eff. July 1, 2015; August 1, 1998; July 1, 1994;
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 .1600 - GENERAL PERMIT FOR THE INSTALLATION OF AERIAL AND SUBAQUEOUS UTILITY LINES WITH ATTENDANT STRUCTURES IN COASTAL WETLANDS: ESTUARINE WATERS: PUBLIC TRUST WATERS AND ESTUARINE SHORELINES › Section 07H .1601 - PURPOSE

Current through Register Vol. 39, No. 2, July 15, 2024
A person requesting the installation of utility lines both
					 aerially and subaqueously in the Coastal Wetland, Estuarine Waters, Public
					 Trust Areas, and Estuarine and Public Trust Shoreline AECs shall apply for a
					 General Permit according to rules in this Section. This general permit shall
					 not apply to the ocean hazard AECs.
Authority
					 G.S.
					 113A-107(a)(b);
					 113A-113(b);
					 113A-118.1;
					 113-229(c1);
Eff. March 1, 1985;
Amended Eff. August 1, 2000; 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 .1600 - GENERAL PERMIT FOR THE INSTALLATION OF AERIAL AND SUBAQUEOUS UTILITY LINES WITH ATTENDANT STRUCTURES IN COASTAL WETLANDS: ESTUARINE WATERS: PUBLIC TRUST WATERS AND ESTUARINE SHORELINES › Section 07H .1602 - 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
				  ten 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 .1600 - GENERAL PERMIT FOR THE INSTALLATION OF AERIAL AND SUBAQUEOUS UTILITY LINES WITH ATTENDANT STRUCTURES IN COASTAL WETLANDS: ESTUARINE WATERS: PUBLIC TRUST WATERS AND ESTUARINE SHORELINES › Section 07H .1603 - 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-113(b);
					 113A-118.1;
					 113A-119;
					 113A-119.1;
					 113-229(c1);
Eff. March 1, 1985;
Amended Eff. September 1, 2006; August 1, 2000;
					 March 1, 1991;
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 .1600 - GENERAL PERMIT FOR THE INSTALLATION OF AERIAL AND SUBAQUEOUS UTILITY LINES WITH ATTENDANT STRUCTURES IN COASTAL WETLANDS: ESTUARINE WATERS: PUBLIC TRUST WATERS AND ESTUARINE SHORELINES › Section 07H .1604 - GENERAL CONDITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Utility lines
				  for the purpose of this General Permit are any pipes or pipelines for the
				  transportation of potable water, domestic sanitary sewage, natural gas, and any
				  cable, line, or wire for the transmission, of electrical energy, telephone and
				  telegraph messages, and radio and television communication.
(b) There shall be no alteration of
				  preconstruction bottom contours. Fill authorized by a permit set forth in this
				  Section shall include only that necessary to backfill or bed the utility line.
				  Any excess material shall be removed to an upland disposal area.
(c) The utility line crossing shall not
				  adversely affect a public water supply intake.
(d) The utility line route or construction
				  method shall not disrupt the movement of those species of aquatic life
				  indigenous to the waterbody.
(e)
				  Permittees shall allow authorized representatives of the Department of
				  Environmental Quality to make inspections at any time to ensure that the
				  activity being performed under authority of the General Permit set forth in
				  this Section is in accordance with the terms and conditions prescribed
				  herein.
(f) 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 impact on Areas of
				  Environmental Concern.
Authority
					 G.S.
					 113A-107(a)(b);
					 113A-113(b);
					 113A-118.1;
					 113-229(c1);
Eff. March 1, 1985;
Amended Eff. May 1, 1990;
RRC
					 Objection due to ambiguity Eff. May 19, 1994;
Amended Eff. August
					 1, 1998; July 1, 1994;
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 .1600 - GENERAL PERMIT FOR THE INSTALLATION OF AERIAL AND SUBAQUEOUS UTILITY LINES WITH ATTENDANT STRUCTURES IN COASTAL WETLANDS: ESTUARINE WATERS: PUBLIC TRUST WATERS AND ESTUARINE SHORELINES › Section 07H .1605 - SPECIFIC CONDITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
Proposed utility line installations shall meet each of the
					 following specific conditions to be eligible for authorization by this General
					 Permit:
(1) All domestic sanitary
				  sewer line requests must be accompanied by a statement of prior approval from
				  the NC Division Water Quality.
(2)
				  All spoils which are permanently removed must be placed on a high ground
				  disposal site and stabilized so as not to return to waters, marsh, or other
				  wetlands.
(3) Any additional
				  backfill material required shall consist of sand or rock and not contain
				  organic matter.
(4) Finished grades
				  or subaqueous or wetland crossing must be returned to preproject
				  contours.
(5) There can be no work
				  within any productive shellfish beds.
(6) No excavation or filling activities will
				  be permitted between April 1 and September 30 of any year within any designated
				  primary nursery area.
(7)
				  Subaqueous lines must be placed at a depth of six feet below the project depth
				  of federal projects. For non-federal projects, subaqueous lines shall be
				  installed at a minimum depth of two feet below the bottom contour.
(8) The minimum clearance for aerial
				  communication lines or any lines not transmitting electricity shall be 10 feet
				  above the clearance required for bridges in the vicinity.
(9) The minimum clearance for aerial
				  electrical transmission lines shall be consistent with those established by the
				  US Army Corps of Engineers and US Coast per
				  33 CFR
				  322.5(i).
(10) The installation of a utility line on
				  pipe bents or otherwise above the elevation of mean high or mean ordinary water
				  must be of sufficient height to allow for traditional navigation in the water
				  body. The utility line shall not interfere with the waterflow of normal or
				  flood waters.
(11) Natural gas
				  lines shall not exceed 11 inches in diameter.
Authority
					 G.S.
					 113A-107(a)(b);
					 113A-113(b);
					 113A-118.1;
					 113-229(c1);
Eff. March 1, 1985;
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 .1700 - GENERAL PERMIT FOR EMERGENCY WORK REQUIRING A CAMA AND/OR A DREDGE AND FILL PERMIT › Section 07H .1701 - PURPOSE

Current through Register Vol. 39, No. 2, July 15, 2024
This permit allows work necessary to protect property or
					 prevent further damage to property caused by a sudden or unexpected natural
					 event or structural failure which imminently endangers life or structure. For
					 the purposes of this general permit, major storms such as hurricanes,
					 northeasters, or southwesters may be considered a sudden unexpected natural
					 event although such storms may be predicted and publicized in
					 advance.
Authority
					 G.S.
					 113-229(cl);
					 113A-107(a),(b);
					 113A-113(b);
					 113A-118.1;
Eff.
					 November 1, 1985;
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 .1700 - GENERAL PERMIT FOR EMERGENCY WORK REQUIRING A CAMA AND/OR A DREDGE AND FILL PERMIT › Section 07H .1702 - APPROVAL PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any person
				  wishing to undertake development in an area of environmental concern necessary
				  to protect life or endangered structures will notify the Division of Coastal
				  Management or Local Permit Office (LPO) when a possible emergency situation
				  exists.
(b) The applicant may
				  qualify for approval of work described in this permit after an onsite
				  inspection by the LPO or Division of Coastal Management Field Consultant and
				  upon his or her findings that the proposed emergency work requires a CAMA or
				  Dredge and Fill permit. The LPO shall issue the permit if the required
				  emergency measures constitute minor development in accordance with
				  G.S.
				  113A-118(2).
(c) Once the LPO or Consultant determines
				  that the applicant's proposed project may qualify for an emergency permit, he
				  or she shall consult with the applicant and assist him or her in preparing an
				  application. The applicant shall include a sketch showing existing conditions
				  and the proposed work.
(d) The
				  applicant for an emergency permit shall take all reasonable steps to notify
				  adjacent riparian landowners of the application, and prior to receiving a
				  permit will certify by signing the permit the following:
(1) that a copy of the application and sketch
				  has been served on all adjacent riparian landowners, or if service of a copy
				  was not feasible, that the applicant has explained the project to all adjacent
				  riparian landowners;
(2) that the
				  applicant has explained to all adjacent riparian landowners that they have a
				  right to oppose the issuance of a permit by filing objections with the local
				  CAMA permit officer or with the Secretary of the Department of Environmental
				  Quality; and
(3) that, as to
				  adjacent riparian landowners not contacted, the applicant has made a reasonable
				  attempt to contact them and furnish them with the required
				  information.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter H - STATE GUIDELINES FOR AREAS OF ENVIRONMENTAL CONCERN › Section .1700 - GENERAL PERMIT FOR EMERGENCY WORK REQUIRING A CAMA AND/OR A DREDGE AND FILL PERMIT › Section 07H .1703 - PERMIT FEE

Current through Register Vol. 39, No. 2, July 15, 2024
The agency shall not charge a fee for permitting work
					 necessary to respond to emergency situations except in the case when a
					 temporary erosion control structure is used. In those cases, the applicant
					 shall pay a permit fee of four hundred dollars ($400.00) by check or money
					 order made payable to the Department.
Authority
					 G.S.
					 113-229(cl);
					 113A-107(a),(b);
					 113A-113(b);
					 113A-118.1;
					 113A-119;
Eff.
					 November 1, 1985;
Amended Eff. September 1, 2006; August 1, 2002;
					 March 1, 1991; October 1, 1993;
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 .1700 - GENERAL PERMIT FOR EMERGENCY WORK REQUIRING A CAMA AND/OR A DREDGE AND FILL PERMIT › Section 07H .1704 - GENERAL CONDITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Work permitted
				  by means of an emergency general permit shall be subject to the following
				  limitations:
(1) No work shall begin until an
				  onsite meeting is held with the applicant and a Division of Coastal Management
				  representative so that the scope of the proposed emergency work can be
				  delineated.
(2) No work shall be
				  permitted other than that which is necessary to protect against or reduce the
				  imminent danger caused by the emergency, to restore the damaged property to its
				  condition immediately before the emergency, or to re-establish public
				  facilities or transportation corridors.
(3) Any permitted temporary erosion control
				  projects shall be located no more than 20 feet waterward of the imminently
				  threatened structure or the right-of way in the case of roads, except as
				  provided under
				  15A NCAC
				  07H .0308. If a building or road is found to
				  be imminently threatened and at increased risk of imminent damage due to site
				  conditions, such as a flat beach profile or accelerated erosion, temporary
				  erosion control structures may be located more than 20 feet waterward of the
				  structure being protected. In cases of increased risk of imminent damage, the
				  location of the temporary erosion control structures shall be determined by the
				  Director of the Division of Coastal Management or the Director's
				  designee.
(4) Fill materials used
				  in conjunction with emergency work for storm or erosion control shall be
				  obtained from an upland source. Excavation below MHW in the Ocean Hazard AEC
				  may be allowed to obtain material to fill sandbags used for emergency
				  protection.
(5) This emergency
				  general permit allows the use of oceanfront erosion control measures for all
				  oceanfront properties without regard to the size of the existing structure on
				  the property or the date of construction.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter H - STATE GUIDELINES FOR AREAS OF ENVIRONMENTAL CONCERN › Section .1800 - GENERAL PERMIT TO ALLOW BEACH BULLDOZING IN THE OCEAN HAZARD AEC › Section 07H .1801 - PURPOSE

Current through Register Vol. 39, No. 2, July 15, 2024
This permit will allow beach bulldozing needed to
					 reconstruct or repair dune systems, as defined in Rule .0305 of this
					 Subchapter. For the purpose of this general permit, "beach bulldozing" is
					 defined as the process of moving natural beach material from any point seaward
					 of the first line of stable vegetation to repair damage to frontal or primary
					 dunes. This general permit is subject to the procedures outlined in Subchapter
					 07J .1100, and shall not apply where a town or community has a Major Permit for
					 either an ongoing beach bulldozing project or project completed within 30 days
					 of a request for a General Permit.
Authority
					 G.S.
					 113-229(cl);
					 113A-107;113A-113(b);
					 113A-118.1;
Eff.
					 December 1, 1987;
Amended Eff. September 1, 2016;
Readopted Eff. April 1, 2022;
Amended Eff. August 1,
					 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter H - STATE GUIDELINES FOR AREAS OF ENVIRONMENTAL CONCERN › Section .1800 - GENERAL PERMIT TO ALLOW BEACH BULLDOZING IN THE OCEAN HAZARD AEC › Section 07H .1802 - 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 and request approval for development.
(b) The applicant shall provide:
(1) the site location, dimensions of the
				  project area, and their name and address;
(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 official to the
				  Division of Coastal Management within 10 days of receipt of the notice and
				  indicate that no response wil be interpreted as 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 determines that the project
				  exceeds the guidelines established by the General Permit process provided in
				  15A NCAC
				  07J .1100, Division staff shall notify the
				  applicant that they 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 .1800 - GENERAL PERMIT TO ALLOW BEACH BULLDOZING IN THE OCEAN HAZARD AEC › Section 07H .1803 - 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.
Authority
					 G.S.
					 113-229(c1);
					 113A-107;
					 113A-113(b);
					 113A-118.1;
					 113A-119;
					 113A-119.1;
Eff.
					 December 1, 1987;
Amended Eff. September 1, 2006; August 1, 2000;
					 March 1, 1991;
Readopted Eff. April 1,
					 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter H - STATE GUIDELINES FOR AREAS OF ENVIRONMENTAL CONCERN › Section .1800 - GENERAL PERMIT TO ALLOW BEACH BULLDOZING IN THE OCEAN HAZARD AEC › Section 07H .1804 - GENERAL CONDITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) This General
				  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 necessary because there are
				  unresolved questions concerning the proposed activity's impact on adjoining
				  properties or on water quality, air quality, coastal wetlands, cultural or
				  historic sites, wildlife, fisheries resources, or public trust rights. If a
				  shipwreck is unearthed, all work shall stop immediately and the Division of
				  Coastal Management shall be contacted.
(b) This General Permit shall not eliminate
				  the need to obtain any other required State, local, or federal
				  authorization.
(c) Development
				  carried out under a permit as set forth in this Section shall be consistent
				  with all State, federal and local requirements, and local Land Use Plans in
				  effect at the time of authorization.
Authority
					 G.S.
					 113-229(c1);
					 113A-102(b)(4)(e);
					 113A-107;113A-113(b);
					 113A-118.1;
Eff.
					 December 1, 1987;
Amended Eff. May 1, 1990;
RRC
					 Objection due to ambiguity Eff. May 19, 1994;
Amended Eff.
					 September 1, 2016; August 1,1998; July 1, 1994;
Readopted Eff.
					 April 1, 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 07 - Coastal Management › Subchapter H - STATE GUIDELINES FOR AREAS OF ENVIRONMENTAL CONCERN › Section .1800 - GENERAL PERMIT TO ALLOW BEACH BULLDOZING IN THE OCEAN HAZARD AEC › Section 07H .1805 - SPECIFIC CONDITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The area where
				  beach bulldozing is being performed shall maintain a slope that follows the
				  pre-emergency slopes as closely as possible so as not to endanger the public or
				  the public's use of the beach. The movement of material by a bulldozer,
				  front-end loader, backhoe, scraper, or any type of earth moving or construction
				  equipment shall not exceed one foot in depth measured from the pre-activity
				  surface elevation.
(b) The activity
				  shall not exceed the lateral bounds of the applicant's property without the
				  written permission of the adjoining landowner(s).
(c) The permit shall not authorize movement
				  of material from seaward of the mean low water line.
(d) Adding sand to dunes shall be
				  accomplished in such a manner that the damage to existing vegetation is
				  minimized. Upon completion of the project, the fill areas shall be replanted
				  with native vegetation, such as Sea Oats (Uniola paniculata), or if outside the
				  planting season, shall be stabilized with sand fencing until planting can
				  occur.
(e) In order to minimize
				  adverse impacts to threatened and endangered species, no bulldozing shall occur
				  inside the Ocean Hazard AEC within the period of April 1 through November 15 of
				  any year, or anytime inside an Inlet Hazard AEC without the prior approval of
				  the Division of Coastal Management, in coordination with the North Carolina
				  Wildlife Resources Commission, the United States Fish and Wildlife Service, and
				  the United States Army Corps of Engineers.
(f) If one contiguous acre or more of
				  oceanfront property is to be excavated or filled, an erosion and sedimentation
				  control plan shall be filed with and approved by the Division of Energy,
				  Mineral, and Land Resources, or local government having jurisdiction. This plan
				  must be approved prior to commencing the land disturbing activity.
Authority
					 G.S.
					 113-229(c1);
					 113A-107;
					 113A-113(b);
					 113A-118.1;
Eff.
					 December 1, 1987;
Temporary Amendment Eff. September 2,
					 1998;
Amended Eff. September 1, 2016; August 1, 2012 (see S.L.
					 2012-143, s.1.(f)); August 1, 2000;
Readopted Eff. April 1,
					 2022;
Amended Eff. September 1,
					 2022.
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 .1901 - PURPOSE

Current through Register Vol. 39, No. 2, July 15, 2024
A permit under this Section shall allow for the placement
					 of temporary structures within the estuarine and ocean systems AECs according
					 to the provisions provided in
					 15A NCAC
					 07J .1100 and according to the rules in this
					 Section.
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; August 1,
					 2000;
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 .1900 - GENERAL PERMIT TO ALLOW FOR TEMPORARY STRUCTURES WITHIN THE ESTUARINE AND OCEAN SYSTEMS AECS › Section 07H .1902 - APPROVAL PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The applicant
				  shall contact the Division of Coastal Management at the address provided in
				  15A NCAC
				  07A .0101 and complete an application
				  requesting approval for development. For temporary structures associated with
				  scientific research, permit applicants shall be lead investigators on behalf of
				  accredited educational institutions, or state or federal agencies.
(b) If a temporary structure is to be located
				  less than 400 feet waterward of normal high water or normal water level, or
				  within the established pier head line as determined by the Division of Coastal
				  Management, the applicant shall provide:
(1)
				  a written statement signed by the adjacent riparian property owners indicating
				  that they have no objections to the proposed work; or
(2) confirmation that the adjacent riparian
				  property owners have been notified by certified mail of the proposed work. Such
				  notice should 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 ten days of receipt of the notice,
				  and indicate that no response will be interpreted as no objection. DCM staff
				  will 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 DCM determines that the project exceeds the
				  conditions established by this General Permit, DCM shall notify the applicant
				  that a Major Permit application shall be required.
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 .1903 - 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.
					 113-229(c1);
					 113A-107;
					 113A-113(b);
					 113A-118.1;
					 113A-119;
					 113A-119.1;
Eff.
					 March 1, 1989;
Amended Eff. September 1, 2006; August 1, 2000;
					 March 1, 1991;
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 .1900 - GENERAL PERMIT TO ALLOW FOR TEMPORARY STRUCTURES WITHIN THE ESTUARINE AND OCEAN SYSTEMS AECS › Section 07H .1904 - GENERAL CONDITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Temporary
				  structures for the purpose of this general permit are those which are
				  constructed or installed within the estuarine and ocean system AECs and because
				  of their dimensions or functions cannot be authorized by another General Permit
				  within this Subchapter.
(b) There
				  shall be no encroachment oceanward of the first line of stable vegetation
				  within the ocean hazard AEC except for the placement of auxiliary structures
				  such as signs, fences, posts, or pilings.
(c) There shall be no fill or excavation
				  activity below normal high water or normal water level.
(d) This permit shall not be applicable to
				  proposed development where the Division of Coastal Management determines that
				  the proposed activity would endanger adjoining properties or significantly
				  affect historic, cultural, scenic, conservation, or recreation value,
				  identified in
				  G.S.
				  113A-102 and
				  G.S.
				  113A-113(b)(4).
(e) Individuals shall allow authorized
				  representatives of the Department of Environmental Quality to make periodic
				  inspections at any time necessary to ensure that the activity being performed
				  under authority of this general permit is in accordance with the terms and
				  conditions prescribed herein.
(f)
				  This permit does not eliminate the need to obtain any other state, local or
				  federal authorization, nor, to abide by rules or regulations adopted by any
				  federal, state, or local agency.
(g) Development carried out under this permit
				  shall be consistent with all local requirements and local land use plans
				  current at the time of authorization.
Authority
					 G.S.
					 113-229(c1);
					 113A-107(a)(b);
					 113A-113(b);
					 113A-118.1;
Eff.
					 March 1, 1989;
Amended Eff. May 1, 1990; March 1, 1990;
RRC Objection due to ambiguity Eff. May 19, 1994;
Amended Eff.
					 April 1, 2020; August 1, 1998; July 1, 1994;
Readopted Eff. July 1,
					 2022.