15A NCAC 07H .1504. GENERAL CONDITIONS

(a)  Individuals shall allow authorized representatives of the Department of Environment and Natural Resources 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.

(b)  This general permit will not be applicable to proposed maintenance excavation when the Department determines that the proposed activity will adversely affect adjacent property.

(c)  This permit will 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 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.

(d)  New basins within or with connections to primary nursery areas are not allowed.

(e)  No new basins will be allowed that result in closure of shellfish waters according to the closure policy of the Division of Environmental Health.

(f)  This permit does not eliminate the need to obtain any other required state, local, or federal authorization, nor, to abide by regulations adopted by any federal or other state agency.

(g)  Development carried out under this permit must be consistent with all local requirements, AEC rules, and local Land Use Plans current at the time of authorization.

 

History Note:        Authority G.S. 113A‑107(a),(b); 113A‑113(b); 113A‑118.1; 113‑229(cl);

Eff. July 1, 1984;

Amended Eff. May 1, 1990; December 1, 1987;

RRC Objection due to ambiguity Eff. May 19, 1994;

Amended Eff. August 1, 1998; July 1, 1994.