NC Register Volume 24 Issue 19 - Office of Administrative Hearings

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APPROVED RULES Pollutant (CAS Number) Annual (Carcinogens) 24-hour (Chronic Toxicants) 1-hour (Acute Systemic Toxicants) nickel metal (7440-02-0) 0.006 nickel, soluble compounds, as nickel 0.0006 nickel subsulfide (12035-72-2) 2.1 x 10 -6 nitric acid (7697-37-2) 1 nitrobenzene (98-95-3) 0.06 0.5 n-nitrosodimethylamine (62-75-9) 5.0 x 10 -5 non-specific chromium (VI) compounds, as chromium (VI) equivalent 8.3 x 10 -8 pentachlorophenol (87-86-5) 0.003 0.025 perchloroethylene (127-18-4) 1.9 x 10 -1 phenol (108-95-2) 0.95 phosgene (75-44-5) 0.0025 phosphine (7803-51-2) 0.13 polychlorinated biphenyls (1336-36- 8.3 x 10 -5 3) soluble chromate compounds, as 6.2 x 10 -4 chromium (VI) equivalent styrene (100-42-5) 10.6 sulfuric acid (7664-93-9) 0.012 0.1 tetrachlorodibenzo-p-dioxin (1746- 3.0 x 10 -9 01-6) 1,1,1,2-tetrachloro-2,2,- 52 difluoroethane (76-11-9) 1,1,2,2-tetrachloro-1,2- 52 difluoroethane (76-12-0) 1,1,2,2-tetrachloroethane (79-34-5) 6.3 x 10 -3 toluene (108-88-3) 4.7 56 toluene diisocyanate, 2,4- (584-84-9) 0.0002 and 2,6- (91-08-7) isomers trichloroethylene (79-01-6) 5.9 x 10 -2 trichlorofluoromethane (75-69-4) 560 1,1,2-trichloro-1,2,2- trifluoroethane 950 (76-13-1) vinyl chloride (75-01-4) 3.8 x 10 -4 vinylidene chloride (75-35-4) 0.12 xylene (1330-20-7) 2.7 65 1-hour (Acute Irritants) History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(3),(4),(5); 143B-282; S.L. 1989, c. 168, s. 45; Eff. May 1, 1990; Amended Eff. September 1, 1992; March 1, 1992; Temporary Amendment Eff. July 20, 1997; Amended Eff. March 1, 2010; June 1, 2008; April 1, 2005; April 1, 2001; July 1, 1998. * * * * * * * * * * * * * * * * * * * 15A NCAC 07H .0209 COASTAL SHORELINES (a) Description. The Coastal Shorelines category includes estuarine shorelines and public trust shorelines. Estuarine shorelines AEC are those non-ocean shorelines extending from the normal high water level or normal water level along the estuarine waters, estuaries, sounds, bays, fresh and brackish waters, and public trust areas as set forth in an agreement adopted by the Wildlife Resources Commission and the Department of Environment and Natural Resources [described in Rule .0206(a) of this Section] for a distance of 75 feet landward. For those estuarine shorelines immediately contiguous to waters classified as Outstanding Resource Waters by the Environmental Management Commission, the estuarine shoreline AEC shall extend to 575 feet landward from the normal high water level or 24:19 NORTH CAROLINA REGISTER APRIL 1, 2010 1712
APPROVED RULES normal water level, unless the Coastal Resources Commission establishes the boundary at a greater or lesser extent following required public hearing(s) within the affected county or counties. Public trust shorelines AEC are those non-ocean shorelines immediately contiguous to public trust areas, as defined in Rule 07H .0207(a) of this Section, located inland of the dividing line between coastal fishing waters and inland fishing waters as set forth in that agreement and extending 30 feet landward of the normal high water level or normal water level. (b) Significance. Development within coastal shorelines influences the quality of estuarine and ocean life and is subject to the damaging processes of shore front erosion and flooding. The coastal shorelines and wetlands contained within them serve as barriers against flood damage and control erosion between the estuary and the uplands. Coastal shorelines are the intersection of the upland and aquatic elements of the estuarine and ocean system, often integrating influences from both the land and the sea in wetland areas. Some of these wetlands are among the most productive natural environments of North Carolina and they support the functions of and habitat for many valuable commercial and sport fisheries of the coastal area. Many landbased activities influence the quality and productivity of estuarine waters. Some important features of the coastal shoreline include wetlands, flood plains, bluff shorelines, mud and sand flats, forested shorelines and other important habitat areas for fish and wildlife. (c) Management Objective. The management objective is to ensure that shoreline development is compatible with the dynamic nature of coastal shorelines as well as the values and the management objectives of the estuarine and ocean system. Other objectives are to conserve and manage the important natural features of the estuarine and ocean system so as to safeguard and perpetuate their biological, social, aesthetic, and economic values; to coordinate and establish a management system capable of conserving and utilizing these shorelines so as to maximize their benefits to the estuarine and ocean system and the people of North Carolina. (d) Use Standards. Acceptable uses shall be those consistent with the management objectives in Paragraph (c) of this Rule. These uses shall be limited to those types of development activities that will not be detrimental to the public trust rights and the biological and physical functions of the estuarine and ocean system. Every effort shall be made by the permit applicant to avoid, mitigate or reduce adverse impacts of development to estuarine and coastal systems through the planning and design of the development project. In every instance, the particular location, use, and design characteristics shall comply with the general use and specific use standards for coastal shorelines, and where applicable, the general use and specific use standards for coastal wetlands, estuarine waters, and public trust areas described in Rule .0208 of this Section. Development shall be compatible with the following standards: (1) All development projects, proposals, and designs shall preserve and not weaken or eliminate natural barriers to erosion including peat marshland, resistant clay shorelines, and cypress-gum protective fringe areas adjacent to vulnerable shorelines. (2) All development projects, proposals, and designs shall limit the construction of impervious surfaces and areas not allowing natural drainage to only so much as is necessary to adequately service the major purpose or use for which the lot is to be developed. Impervious surfaces shall not exceed 30 percent of the AEC area of the lot, unless the applicant can effectively demonstrate, through innovative design, that the protection provided by the design would be equal to or exceed the protection by the 30 percent limitation. Redevelopment of areas exceeding the 30 percent impervious surface limitation may be permitted if impervious areas are not increased and the applicant designs the project to comply with the intent of the rule to the maximum extent feasible. (3) All development projects, proposals, and designs shall comply with the following mandatory standards of the North Carolina Sedimentation Pollution Control Act of 1973: (A) All development projects, proposals, and designs shall provide for a buffer zone along the margin of the estuarine water which is sufficient to confine visible siltation within 25 percent of the buffer zone nearest the land disturbing development. (B) No development project proposal or design shall permit an angle for graded slopes or fill which is greater than an angle which can be retained by vegetative cover or other erosion-control devices or structures. (C) All development projects, proposals, and designs which involve uncovering more than one acre of land shall plant a ground cover sufficient to restrain erosion within 30 working days of completion of the grading; provided that this shall not apply to clearing land for the purpose of forming a reservoir later to be inundated. (4) Development shall not have a significant adverse impact on estuarine and ocean resources. Significant adverse impacts include 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, or cause degradation of shellfish beds. (5) Development shall not interfere with existing public rights of access to, or use of, navigable waters or public resources. 24:19 NORTH CAROLINA REGISTER APRIL 1, 2010 1713
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NC Register Volume 24 Issue 19 - Office of Administrative Hearings

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