NC Register Volume 9 Issue 15 - Office of Administrative Hearings

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PROPOSED RULES
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adequate and practicable to protect
the site; and
(iii) the structure is limited in extent
and scope to that necessary to
protect the site;
and
(iv) any permit for a structure under
this Part fM) £T) may be issued
only to
a sponsoring public agency
for projects where the public
benefits clearly outweigh the short
or long range adverse impacts.
Additionally, the permit must
include conditions providing for
mitigation or minimization by that
agency of any significant and
unavoidable adverse impacts on
adjoining properties and on public
access to and use of the beach
(J) {N) Structures that would otherwise
be prohibited by these standards may
also be permitted on finding that:
(i) the structure is necessary to maintain
an existing commercial navigation
channel of regional significance
within federally
limits; and
authorized
(ii) dredging alone is not practicable
to maintain safe access to the
affected channel; and
(iii) the structure is limited in extent
and scope to that necessary to
maintain the channel; and
(iv) the structure will not result in
substantial adverse impacts to
fisheries or other public trust
resources; and
(v) any permit for a structure under
this Part {N) {J} may be issued
only to
a sponsoring public agency
for projects where the public
benefits clearly outweigh the short
or long range adverse impacts.
Additionally, the permit must
include conditions providing for
mitigation or minimization by that
agency of any significant and
unavoidable adverse impacts on
adjoining properties and on public
access to
and use of the beach
(K) Proposals for experimental erosion
response measures will
be considered
on a case-bv-case basis to determine
consistency with 15A NCAC 7M
.0200 and general and specific use
standards within this Section.
(2) Temporary Erosion Control Structures:
(A)
Permittable temporary erosion control
structures shall be limited to sandbags
placed above mean high water and
parallel to the shore, include only the
following;
fi) Bulkheads or similar structures
made of sandbags or comparable
mate rials;
(it) Low sandbag groins or sandbag
sediment trapping structures above
mean high water provided they
are continuously buried by suit -
able sand from an outside source.
(B) Temporary erosion control structures
{€)
(©)
{E)
as defined in Subpart £2}(A) of this
Paragraph may be used only to
protect
imminently threatened structures.
Normally, a structure will be considered
to be imminently threatened if its
foundation septic system, or right-ofway
in the case of roads, is less than
20 feet away from the erosion scarp.
Shore parallel temporary erosion
control structures— must not extend
more than 20 foot past the end of the
structure to be protected. The erosion
control structure also must not come
closer than 15 foot to tho applicant's
side property linos unless the applica
'
tion is part of a joint project with
neighbors trying to protect similarly
threatened structures of unices the
applicant has written permission from
the affected property owner. The
landward—side—e#—s«efl
temporary
erosion control structures shall not be
located more than 20 feet
the property to be protected.
If a temporary erosion control
seaward of
struc
ture interferes with public access and
use of the ocean beach, or if it re
quires burial but remains continuously
expo sed for more than six months it
mu s t be removed by the permittee
within 30 days of notification by the
Coastal Resources Commission or its
representatives.
la
addition,—the
permittee shall be respon s ible for the
removal of remnants of all or portions
ef-—the temporary— erosion — control
structure damaged by storm s
or con
tinuod erosion.
Once the temporary erosion control
structure is determined to be unnccos
1187 NORTH CAROLINA REGISTER November 1, 1994 9:15