NC Register Volume 9 Issue 15 - Office of Administrative Hearings

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PROPOSED RULES
foundation, septic system, or, right-ofway
in the case of roads, is less than 20
feet away from the erosion scarp.
(3) Shore parallel temporary erosion
{A)
m-
control structures mu a t not extend more
than—30—feet—
—of past—the—end the
structure to be protected.— The erosion
control structure abo must not come
clo ser than 15 feet to the applicant's
side property linos unless the
application i 9 part of a joint project
with
neighbors
trying—te
protect
similarly threatened structures or unices
the applicant has written pcrmissiefi
from the affected property owner.—The
landward—side—ef-—sueh
temporary
ero s ion control structures shall not be
located more than 20 feet seaward of
the property to be protected.
If a temporary erosion control structure
interferes with public access and u se of
the ocean beach, or if it requires burial
but remains continuou sly exposed for
more—than—si*
month s ,—it
mu s t
be
removed by the permittee within 30
days—ef-
notification—by—the
Coastal
Resources Commission ef its
representatives.
Ja
addition,—the
permittee shall be respon s ible for the
removal of remains of all or portions of
the temporary erosion control structure
damaged—by
erosion.
storms—ef
continued
Once the temporary— ero s ion control
structure is determined te be
unneces sary due to a natural reversal of
the eroding condition, relocation of the
threatened structure,
or adoption of an
alternate erosion control method, any
remnants—ef—the temporary— ero s ion
control s tructure expo sed seaward of or
on the beach mu s t be removed by the
permittee within 30 days of notification
by the Coastal Resources Commi ss ion
or its
representatives.
f6) Temporary s andbag bulkheads
permittablc by thi s Rule shall be of a
s ize and configuration consistent with
their allowed purpo se.— Such structures
may—be appropriately— anchored—and
shall not exceed a width at their base of
three sandbag s or a maximum of 15
feet: In no case shall the structure
extend below the mean high water line.
f?) Excavation below mean high water in
£3}
14}
£5}
16}
the Ocean Hazard AEC may be allowed
to obtain material to fill sandbags used
for emergency protection.
Temporary erosion control structures
may be used to protect only the
principal structure and its associated
septic system, but not such
appurtenances as gazebos, decks or any
amenity that is allowed as an exception
to the erosion setback requirement-
Temporary erosion control structures
may be placed seaward of a septic
system when there is no alternative to
relocate it on the same or adjoining lot
so that it is landward of or in line with
the structure being protected.
Temporary erosion control structures
must not extend more than 20 feet past
the sides of the structure to be
protected. The landward side of such
temporary erosion control structures
shall
not be located more than 20 feet
seaward of the structure to be protected
or the right-of-way in the case of roads.
The permittee shall be responsible for
the removal of remnants of all or
portions of any damaged temporary
erosion control structure.
(7) A temporary erosion control structure
may remain in place for up to two
years after the date of approval if" it is
protecting a structure with a total
floor
area of 5000 sg^ fL or less, or. for up
to
five years if the structure has a total
floor area of more than 5000 sq. ft.
For those located in communities
actively
pursuing a beach nourishment
project, they may remain in place for a
period of up to five years (regardless of
the size of structure), or. until the
beginning of the nourishment project,
whichever is shorter. For purposes of
this Rule, a community is considered to
be actively pursuing a beach
nourishment project when a U.S. Army
Corps of Engineers' Beach
Nourishment Reconnaissance Study has
deemed the project worthy of further
consideration.
(8) Once the temporary erosion control
structure is determined to be
unnecessary due to relocation or
removal of the threatened structure, it
must be removed by the permittee
within 30 days.
1191 NORTH CAROLINA REGISTER November 1, 1994 9:15