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 .2605 - SPECIFIC CONDITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The General
				  Permit in this Section shall be applicable only for the construction of
				  mitigation banks or in-lieu fee mitigation projects.
(b) No excavation or filling of any submerged
				  aquatic vegetation shall be authorized by this general permit.
(c) The crossing of wetlands in transporting
				  equipment shall be avoided or minimized to the maximum extent practicable. If
				  the crossing of wetlands with mechanized or non-mechanized construction
				  equipment is necessary, track and low-pressure equipment or temporary
				  construction mats shall be utilized for the area to be crossed. The temporary
				  mats shall be removed immediately upon completion of construction.
(d) No permanent structures shall be
				  authorized by this general permit, except for signs, fences, water control
				  structures, or those structures needed for site monitoring or shoreline
				  stabilization.
(e) The use of any
				  portion of the site as compensatory mitigation for future projects shall be
				  determined in accordance with applicable regulatory policies and
				  procedures.
(f) The development
				  authorized pursuant to this general permit shall result in a net increase 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.
(g) The entire mitigation bank or in-lieu fee
				  project site shall be protected in perpetuity in its mitigated state through
				  conservation easement, deed restriction, or other appropriate instrument
				  attached to the title for the subject property and shall be owned by the
				  permittee or its designee.
(h) The
				  Division of Coastal Management shall be provided copies of all monitoring
				  reports prepared by the permittee or its designee for the authorized mitigation
				  bank or in-lieu fee project site.
(i) If water control structures or other
				  hydrologic alterations are proposed, such activities shall not increase the
				  likelihood of flooding any adjacent property.
(j) Appropriate sedimentation and erosion
				  control devices, measures, or structures such as silt fences, diversion swales
				  or berms, and sand fences shall be implemented to ensure that eroded materials
				  do not enter adjacent wetlands, watercourses, and property.
(k) If one or more contiguous acre of
				  property is to be graded, excavated, or filled, the applicant shall submit an
				  erosion and sedimentation control plan with the Division of Energy, Mineral,
				  and Land Resources, Land Quality Section. The plan shall be approved prior to
				  commencing the land-disturbing activity.
Authority
					 G.S.
					 113A-107;
					 113A-118.1;
Eff.
					 October 1, 2004;
Amended Eff. October 1, 2014; August 1, 2012 (see
					 S.L. 2012-143, s.1.(f));
Readopted Eff. October 1,
					 2022.