15A NCAC 07M .1202. POLICY STATEMENTS

(a)  Impacts from mining activities involving dredging, blasting, or other methods of excavation, spoil disposal, or construction of related structures that can be expected to affect the physical ocean environment or its resources shall be identified and minimized.  Any significant unavoidable damages from these actions shall be mitigated under the procedures set out in 15A NCAC 7M .0700.

(b)  Damage to or interference with existing or traditional public trust uses, such as fishing, navigation, or access to public trust areas, or areas with high biological, historical archaeological, or recreational value are activities that significantly affect land or water uses or natural resources of the coastal area.  Damage to or interference with existing or traditional public trust uses shall be minimized.

(c)  Offshore reefs, rock outcrops, hard bottom areas, and other significant living resource habitat shall be avoided unless it can be demonstrated that the mining activity will not significantly adversely affect these resources, land or water uses or the natural resources of the coastal area, or unless their existing biological functions can be sustained through mitigation.

 

History Note:        Authority G.S. 113A-102; 113A-107;

Eff. August 1, 1998.