NC Register Volume 9 Issue 15 - Office of Administrative Hearings

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PROPOSED RULES
undue i n fl uence, fraud or
misrepresentation.
Statutory Authority G.S. 95-47.6; 95-47.9.
.0112 PENALTY
Any fine levied pursuant to G.S. 95-47.9(d) shall
be in the amount of two hundred and fifty
($250.00).
Statutory Authority G.S. 95-47.9.
TITLE 15A - DEPARTMENT OF
ENVIRONMENT, HEALTH, AND
NATURAL RESOURCES
dollars
iSotice is hereby given in accordance with G.S.
150B-21.2 that the EHNR -
Coastal Management
intends to amend rules cited as 15A NCAC 7H
.0308, .1705; 7M .0202 and adopt 7H .0106.
1 he proposed effective date of this action is April
1, 1995.
1 he public hearing will be conducted at 4:00
p.m. on November 17, 1994 at the Ramada Inn,
1701 South Virginia Dare Trail, Kill Devil Hill,
NC.
Jxeason for Proposed Action:
15A NCAC 7H .0106 -
The adoption of this rule
will establish a new subsection for definitions to
apply to the various AECs. The proposed definition
for structures is necessary to distinguish these
forms of development from filling and other types
of land disturbing activities.
15A NCAC 7H .0308 - The proposed amendments
reflect the amendments to the policy statement in
15A NCAC 7M. Many are editorial so as to use
more appropriate and consistent terminology
throughout. Several are being repealed upon
finding that they are either no longer necessary,
or,
confusing.
15A NCAC 7H .1705 -
The proposed amendments
will establish the length of time that sandbags may
remain in place and will allow the use of sandbags
to protect septic systems when the erosion escarpment
is within 20 feet. Several paragraphs are
being repealed in an effort to remove those that
have been found to be either unnecessary or
confusing.
a major rewrite of the
The proposed changes are essentially
CRC rules that pertain to
the use of sandbags to protect structures in the
Ocean Hazard AEC.
15A NCAC 7M . 0202 -
The proposed amendments
are a major rewrite of the CRC"s policy on erosion
responses along the oceanfront. They do not
change the existing policy, but, they more clearly
state the CRC's preferred responses to erosion and
more directly address the beach nourishment
option.
Lsomment Procedures: All persons interested in
this matter are invited to attend the public hearing.
The Coastal Resources Commission will receive
mailed written comments postmarked no later than
December 1, 1994. Any person desiring to present
lengthy comments is requested to submit a written
statement for inclusion in the record of proceedings
at the public hearing.
Additional information
concerning the hearing or the proposals may be
obtained by contacting Rich Shaw, Division of
Coastal Management, PO Box 27687, Raleigh, NC
27611-7687, (919) 733-2293.
CHAPTER 7 - COASTAL
MANAGEMENT
SUBCHAPTER 7H - STATE
GUIDELINES FOR AREAS
OF ENVIRONMENTAL CONCERN
SECTION .0100 - INTRODUCTION
AND GENERAL COMMENTS
.0106 GENERAL DEFINITION
For purposes of this
Subchapter the term "structures"
includes, but is not limited to. buildings.
bridges, roads, piers, wharves and docks (supported
on piles), bulkheads, breakwaters, jetties,
mooring pilings and buoys, pile clusters (dolphins),
navigational aids and elevated boat ramps.
Statutory Authority G.S.
113A-107; 113A-113.
SECTION .0300 - OCEAN
HAZARD AREAS
.0308 SPECIFIC USE STANDARDS
FOR OCEAN HAZARD AREAS
(a)
Ocean Shoreline Erosion Control Activities:
(1) Use Standards Applicable to all Erosion
Control Activities:
{A) Preferred— rosion
control— measures
ohall be boaoh nourishment projeots
and relooation.
Alternative approach
ee will bo allowed where the applicant
1185 NORTH CAROLINA REGISTER November 1, 1994 9:15