of the structure Management commences, the Commission; applicant shall (XI) Structures shall not obtain a written degrade Critical agreement with the Habitat Areas or new owner waiving Primary Nursery the minimum Areas as defined by setback and submit the NC Marine it to the permitting Fisheries agency prior to Commission; and initiating any (XII) Structures shall not development; pose a threat to (VIII) Structures shall be navigation. consistent with the US Army Corps of Authority G.S. 113A-107(b); 113A-108; 113A-113(b); Engineers setbacks along federally authorized SECTION .0300 OCEAN HAZARD AREAS waterways; (IX) Structures shall 15A NCAC 07H .0308 SPECIFIC USE STANDARDS have no significant FOR OCEAN HAZARD AREAS adverse impacts on (a) Ocean Shoreline Erosion Control Activities: fishery resources, (1) Use Standards Applicable to all Erosion water quality or Control Activities: adjacent wetlands (A) All oceanfront erosion response and there must be no activities shall be consistent with the reasonable general policy statements in 15A alternative that NCAC 07M .0200. would avoid (B) Permanent erosion control structures wetlands. may cause significant adverse impacts Significant adverse on the value and enjoyment of impacts include the adjacent properties or public access to development that and use of the ocean beach, and, would directly or therefore, are prohibited. Such indirectly impair structures include bulkheads, water quality seawalls, revetments, jetties, groins standards, increase and breakwaters. shoreline erosion, (C) Rules concerning the use of alter coastal oceanfront erosion response measures wetlands or apply to all oceanfront properties Submerged Aquatic without regard to the size of the Vegetation (SAV), structure on the property or the date of deposit spoils its construction. waterward of (D) All permitted oceanfront erosion normal water level response projects, other than beach or normal high bulldozing and temporary placement water level, or cause of sandbag structures, shall degradation of demonstrate sound engineering for shellfish beds; their planned purpose. (X) Structures shall not (E) Shoreline erosion response projects degrade waters shall not be constructed in beach or classified as SA or estuarine areas that sustain substantial High Quality habitat for fish and wildlife species, as Waters or identified by natural resource agencies Outstanding during project review, unless Resource Waters as mitigation measures are incorporated defined by the NC into project design, as set forth in Rule Environmental .0306(i) of this Section.
of the structure commences, the applicant shall obtain a written agreement with the new owner waiving the minimum setback and submit it to the permitting agency prior to initiating any development; (VIII) Structures shall be consistent with the US Army Corps of Engineers setbacks along federally authorized waterways; (IX) Structures shall have no significant adverse impacts on fishery resources, water quality or adjacent wetlands and there must be no reasonable alternative that would avoid wetlands. Significant adverse impacts include the development that would directly or indirectly impair water quality standards, increase shoreline erosion, alter coastal wetlands or Submerged Aquatic Vegetation (SAV), deposit spoils waterward of normal water level or normal high water level, or cause degradation of shellfish beds; (X) Structures shall not degrade waters classified as SA or High Quality Waters or Outstanding Resource Waters as defined by the NC Environmental Management Commission; (XI) Structures shall not degrade Critical Habitat Areas or Primary Nursery Areas as defined by the NC Marine Fisheries Commission; and (XII) Structures shall not pose a threat to navigation. Authority G.S. 113A-107(b); 113A-108; 113A-113(b); SECTION .0300 OCEAN HAZARD AREAS 15A NCAC 07H .0308 SPECIFIC USE STANDARDS FOR OCEAN HAZARD AREAS (a) Ocean Shoreline Erosion Control Activities: (1) Use Standards Applicable to all Erosion Control Activities: (A) All oceanfront erosion response activities shall be consistent with the general policy statements in 15A NCAC 07M .0200. (B) Permanent erosion control structures may cause significant adverse impacts on the value and enjoyment of adjacent properties or public access to and use of the ocean beach, and, therefore, are prohibited. Such structures include bulkheads, seawalls, revetments, jetties, groins and breakwaters. (C) Rules concerning the use of oceanfront erosion response measures apply to all oceanfront properties without regard to the size of the structure on the property or the date of its construction. (D) All permitted oceanfront erosion response projects, other than beach bulldozing and temporary placement of sandbag structures, shall demonstrate sound engineering for their planned purpose. (E) Shoreline erosion response projects shall not be constructed in beach or estuarine areas that sustain substantial habitat for fish and wildlife species, as identified by natural resource agencies during project review, unless mitigation measures are incorporated into project design, as set forth in Rule .0306(i) of this Section.
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