15A NCAC 07K .0202. EXEMPTION: PROJECTS REQUIRING DREDGE: FILL: STATE EASEMENT

The following classes of minor maintenance and improvement are exempted from the major development permit requirement:

(1)           In‑Place Maintenance of Previously‑Permitted Projects.  These projects are ones for which at least one dredge and fill permit and/or state easement has already been issued and which, though enlarged somewhat is some cases, are still undertaken primarily for maintenance purposes.  Projects falling into this category will be exempted from the CAMA major development permit if:

(a)           project dimensions remain the same as or do not substantially deviate from those dimensions authorized under the previously permitted project (not greater than 20 percent); and

(b)           the project is for similar purposes as those of the previously‑permitted project; and

(c)           a change of conditions in the area, newly found facts or newly reached opinions, do not indicate that such action would cause negative impacts to the environment and/or adjacent property owners.

(2)           Additions/Modifications to Previously Permitted Projects.  These projects are ones already in place and permitted which will be added on to or modified in some fashion.  Projects falling into this category will be exempted from the CAMA major‑development permit if:

(a)           for bulkheads:

(i)            Bulkhead must be positioned so as not to extend more than an average distance of two feet waterward of the mean high water contour; in no place shall the bulkhead be more than five feet waterward of the mean high water contour; and

(ii)           All backfill comes from an upland source; and

(iii)          No marsh area is excavated or filled; and

(iv)          Work is undertaken because of the necessity to prevent significant loss of private residential property due to erosion; and

(v)           The bulkhead is constructed prior to any backfilling activities; and

(vi)          The bulkhead is constructed so as to prevent seepage of backfill materials through the bulkhead; and

(vii)         The bulkhead is not constructed in the Ocean Hazard AEC.

(b)           for piers, docks and boathouses:

(i)            The modification or addition is not within 150 feet of the edge of a federally‑maintained channel; or

(ii)           The structure, as modified, is 200 feet or less in total length offshore; or

(iii)          The structure, as modified, does not extend past the four feet mean low water contour line (four feet depth at mean low water) of the waterbody; and

(iv)          The project as modified, will not exceed six feet width; and

(v)           The modification or addition does not include an enclosed structure; and

(vi)          The project will continue to be used for private, residential purposes;

(c)           for boatramps:

(i)            The project, as modified, would not exceed 10 feet in width and 20 feet offshore; and

(ii)           The project will continue to be used for private, residential purposes.

The criteria in the categories listed in this Rule are aimed primarily at exempting from the CAMA permit those projects that are simple modifications intended for private use.  These are considered to be a reasonable expression of a waterfront property owner's right of access.

 

History Note:        Authority G.S. 113A‑103(5)(c); 113A‑118(a);

Eff. March 29, 1978;

Amended Eff. July 1, 1981.