15A NCAC 07H .2504. GENERAL CONDITIONS

(a)  This permit shall only become available following a written statement by the Secretary that, based upon hurricane or tropical storm related damage, implementation of the provisions of this Section are warranted.

(b)  Based upon an examination of the specific circumstances following a specific hurricane or tropical storm, the Secretary may choose to activate any or all of the components of this Section.  The Secretary may also limit the geographic service area of this permit.

(c)  This permit authorizes only the replacement of damaged or destroyed structures, the reconstruction of frontal or primary dunes, and maintenance excavation activities conforming to the standards described in this Section.

(d)  This permit does not authorize the replacement of any structure within any Ocean Hazard Area of Environmental Concern, with the exception of those portions of shoreline within the Ocean Hazard 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.

(e)  Individuals shall allow authorized representatives of the Department of Environment and Natural Resources to make periodic inspections at any time deemed necessary in order to be sure that the activity being performed under authority of this general permit is in accordance with the terms and conditions prescribed in this Section.

(f)  This general permit shall not be applicable to proposed construction when the Department determines after any necessary investigations, that the proposed activity would adversely affect areas which possess historic, cultural, scenic, conservation, or recreational values.

(g)  This general permit shall not be applicable to proposed construction where the Department determines that authorization may be warranted, but that the proposed activity might significantly affect the quality of the human environment, or unnecessarily endanger adjoining properties.  In those cases, it shall be necessary to review the proposed project under the established CAMA Major or Minor Development Permit review procedures.

(h)  This permit does not eliminate the need to obtain any other required state, local, or federal authorization.

(i)  This permit does not preclude an individual from applying for other authorizations for structure replacement that may be available under the Coastal Area Management Act and the Rules of the Coastal Resources Commission.  However, application fees for any such authorization shall not be waived or deferred.

 

History Note:        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.