Land Use Plan Amendment-1989

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Division of Coastal Management
LAND USE PLAN
AMENDMENT
Pamlico County, North Carolina
Originally Adopted by the Board of County Commissioners of Pamlico County
February 23, 1987
Certified by the North Carolina Coastal Resources Commission
June 5, 1987
Amendment Prepared
April 12, 1989 - November 20, 1989

The preparation of this report was funded in part through a grant provided
by the North Carolina Coastal Management Program, through funds provided by
the Coastal Zone Management Act of 1972, as amended, which is administered
by the United States Office of Ocean and Coastal Resource Management,
National Oceanic and Atmospheric Administration.

COUNTY BOARD OF COMMISSIONERS
Nancy Smith
Elward Jenette Robert Paul
Paul Johnson Louise Muse
PLANNING BOARD
J. David Simpson
Frank T. Willis Robert W. Cowden
Clifton E. Stowe W. Odell Spain
Eugene Broughton, Secretary
Bernard B. Hollowell, Jr., Attorney
COUNTY MANAGER
W.R. Rice
COUNTY ATTORNEY
40 Bernard B. Hollowell
Land Use Plan
Update Committee
Co -Chairman
Harold L. Stephenson
Co -Chairman
Grace Evans
Member
Reginald Caroon
Member
Dr. Vernon Rose
Member
Bobby McCotter
Member
James Baluss
Member
Allen Propst
Member
Bob Erickson
Member
Lee Jackson
Member
David Simpson
Member
Louise Muse

0
Consultants
David J. Brower
Timothy Beatley
Carolyn Ocel
Coastal Resources Collaborative, Ltd.
612 Shady Lawn
Chapel Hill, N. C. 27514

Contents
Chapter
Page
1.0
Growth and Change in Pamlico County . . . . . . . . . . . .
1
2.0
Existing Land Use and Development Trends in the County
10
3.0
Natural and Fragile Area . . . . . . . . . . . . . .
14
4.0
Economic and Industrial Development . . . . . . . . . . . .
28
5.0
Agriculture, Forestry and Fishing . . . . .
32
6.0
Mining . . . . . . . . . . . . . . . . . . . . .
39
7.0
Mitigation of Natural Hazards . . . . . . . . . . . . . . .
42
8.0
Traffic and Transportation . . . . . . . . . . . . . . . .
49
9.0
Housing . . . . . . . . . . . . . . . . . . . . . . . . . .
54
10.0
Recreation and Open Space . . . . . . . . . . . . . . . . .
57
11.0
Public Facilities and Services . . . . . . . . . . .
61
12.0
Protection of Aesthetic and Visual Resources . . . . . . .
67
13.0
Land Classification System . . . . . . . . . . . . . . . .
70
•
14.0
Implementation . . . . . . . . . . . . . . . . . . . . . .
74
15.0
Public Participation . . . . . . . . . . . . . . . . . . .
75
16.0
References . . . . . . . . . . . . . . . . . . . . . . . .
76
Appendix II . . . . . . . . . . . . . . . . . . . . . . . .
77

Pamlico is a rural county with a total population of about 11L000
(see Table 1.1). There are seven small towns and several unincorporated
communities with the county seat, Bayboro, being the largest with
approximately 800 citizens. The county is bordered by water: Goose Creek
and the Pamlico River on the north, the Upper Broad Creek forms the
county's western boundary with Craven County; Pamlico Sound lies to the
east; and the Neuse River to the south (see Diagram 1.1)• The mixture of
farmlands, trees, marshes and open water maKe Pamlico County an attractive
place to live, worK and visit.
0
Revision 1987

�J
Chapter 1.0
Growth_ and Changg_in_Pamlico_County
Introduction
Pamlico County, located on a peninsula in eastern North Carolina, is a
rich environment of land (213,400 acres) and water (151,000 acres). A variety
of habitats are found throughout the county, including open sound waters, marsh-
lands, and mixed pine -hardwood forests. This setting provides an extensive
natural resource base for agriculture, forestry, fishing and recreation. A
large portion of the county economic base is directly tied to farming, fishing,
and forestry, or indirectly in food processing, with the recreation and retire-
ment industry becoming a more important part of the economy. Thus, the
economic base of the county is very closely tied to the natural environment.
Pamlico is a rural county with a total population of about 11t292 (see
Table 1.1). There are seven small towns and several unincorporated communities
with the county seat, Bayboro, being the largest with approximately 800 citi-
zens. The county is bordered by water: Goose Creek and the Pamlico River on
the north, the Upper Broad Creek forms the county's western boundary with
Craven County; Pamlico Sound lies to the east; and the Neuse River to the south
(see Diagram 1.1). The mixture of farmlands, trees, marshes and open water
make Pamlico County an attractive place to live, worK and visit.
Revised Aug., 1989

Table I
Poeulation -Estimates -for
---------------
-Pamlico
Pamlico County
North Carolina
1960
9,850
4,556,155
1970
8,467
5,084,411
Percent Change
1960-1970
-3.8%
11.6% •
1980
10,398
5,881,766
Percent Change
1970-1980
9.8%
15.7%
1985
10,976
6,253,951
Percent Change
1980-1985
5.6%
6.3%
Revision 1987
2A
•

•
Population
Pamlico County is a distinctly rural area which is growing along with the
rest of the coastal region and the State of North Carolina. Of thirty-two east-
ern North Carolina counties, Pamlico ranks 26th in total population. The esti-
mated county population in 1985 was 10,976, a 5.6% increase over the 1980
population (see Table 1.1). This rate of growth is consistent with the 9.8%
increase that was experienced between 1970 and 1980. Overall, the rate of
growth in eastern North Carolina counties is 13.4%. The North Carolina Office
of State Budget and Management has projected the Pamlico County population to
be 11,854 by April 1990 (see Table 1.2).
The population density in the county is 33 persons per square mile.
According to the post office, there are 4,200 households in the county with an
average of three persons per household. Approximately 11% to 14% of the popula-
tion is sixty-five years of age or older and most of these people live alone.
Table 1.1
Population -Estimates -for -Pamlico
Pamlico County North Carolina
1960 9,850 4,556,155
1970 8,467 5,084,411
Percent Change
1960-1970 -3.8% 11.6%
1980 10,398 5,881,766
Percent Change
1970-1980 9.8% 15.7%
1985 10,976 6,253,951
Percent Change
1980-85 5.6% 6.3%
1989 1it292
Percent Change
1985_1989 3_5%
Source: N.C. Office of Budget and Management
Revised Aug., 1989
3

0
0
Table 1.2
Poeulation_Proiectigns -for -Pamlico County
----------------
1985 1990 2000
Pamlico County 10,976 11,854 13,096
North Carolina 6,253,951 6,597,922 7,229,188
Source: N.C. Office of. Budget and Management
Table 1.3 presents the age distribution for Pamlico County as well as for
North Carolina as a whole. Table 1.4 further aggregates and summarizes this
data. The age distribution is roughly the same as for the state, and the med-
ian ages are very close. The percentage of the population below the age of
twenty is approximately 32%, nearly identical to the proportion at the state
level. The percentage of Pamlico residents who are 65 or older is somewhat
higher than for the state as a whole, some 13.7% as compared with 10.3%.
Conversely, the percentage of Pamlico residents within the 20 to 64 age range
is somewhat smaller than for the state as a whole (54.1% compared to 57.4%).
4

F4'^�
Table 1.3
Age_Distribution
of Pamlico_Population_in_1980
Age
Pamlico
North Carolina
Total
Persons
10,398
5,881,766
Under 5
years
696
404,076
5
to 9 years
735
447,688
10
to 14
years
949
482,228
15
to 19
years
971
566,322
20
to 24
years
756
579,512
25
to 29
years
824
502,579
30
to 34
years
651
461,169
35
to 39
years
518
368,492
40
to 44
years
547
314,142
45
to 49
years
544
296,939
50
to 54
years
685
304,396
55
to 59
years
577
295,910
60
to 64
years
521
255,132
65
to 69
years
483
222,696
70
to 74
years
402
163,891
75
to 79
years
278
109,126
80
to 84
years
164
61,265
85
years
and over
97
45,203
Median
32.1
29.6
Source: 1980 Census of Population
5

Table 1.4
Aggreyate_Agg_Characteristics_of Pamlico_ County_P2pulation_in_1980
Age Groups Pamlico County North Carolina
Under 20 years 32.2% 32.3%
20 to 64 years 54.1 57.4
65 and over. 13.7 10.3
Median age 32.1 years 29.6 years
Source: 1980 Census of Population
Demographic_ Characteristics
Table 1.5 presents the ethnic composition of the county. Approximately
31.5% of the population of the county is black, and 68.5% are white. This com-
pares with 22.4% black at the state level and 76.6% white. No other ethnic
groups are reported for the county, although other categories are reported at
the state level.
The education level of Pamlico residents (25 years or older) is reported
in Table 1.6. About 6% of the residents have five years or less of elementary
school, identical to the percentage for North Carolina as a whole. Forty-eight
percent of Pamlico residents are high school graduates, and about 8% have had
four or more years of college. As Table 1.6 indicates, these levels of educa-
tion are somewhat lower than the state average. The median number of years of
school completed by Pamlico residents was 11.8 in 1980, compared with 12.2 for
the state as a whole.
Data is not available on seasonal population, but based on development
patterns and new construction in the past few years, the number of part time
residents and retirees in .the county is increasing and will continue to grow
and become a more significant factor in the county.
6

ti.
Table 1.5
Ethnic_ComL)2§ tion_of_Pamlico_ CountX_P2pulation_in_1980
Pamlico County North Carolina
Black 31.5% 22.4%
White 68.5% 76.6%
Source: 1980 Census of Population
Table 1.6
Educational Level of Pamlico County_Population_in 1980
(persons 25 years and older)
• Pamlico County North Carolina
Percent less than 5 years
of elementary school* 5.9t 5.9%
Percent high school graduates* 48.0 54.6
Percent 4 or more years
of college 8.1 13.2
Median years of school completed*. 11.8 12.2
Source: 1980 Census of Population
*Persons 25.years or older
0
7

K
1
2
3
4
5
6
7
8
9.
10
11
12
•
Table 1.65
Pamlico County_School_Enrollment 1988-89
---------------------------
Pamlico Community_College_1989
Spring Quarter
Full Time
Continuing Education
New Information
No Previous Table
•
8
195
187
161
158
141
151
164
156
152
194
160
141
134
2,094
134
692
Revised Aug., 1989

Income and Poverty_Status
As Table 1.7 indicates, Pamlico County suffers from a higher than average
poverty rate, and lower income levels. Median family income in 1979, for in-
stance, is about 16% lower than the median family income levels for the state
of North Carolina as a whole. Mean family income and per capita income depict
similar relationships. In fact, per capita income for Pamlico is approximately
21% lower than the state as a whole. The population of Pamlico families with
incomes below the poverty level was 17.5% in 1979, substantially higher than
the 11.6% of the families at the state level. The percentage of persons in
Pamlico with incomes falling below the poverty level was 20.6% compared with
14.8% for the state as a whole. This statistic indicates that more than 2,000
Pamlico residents were considered to be living below the poverty level. This
is an important statistic and suggests that the Land Use Plan must be sensitive
to the impacts of its policies on the needs and conditions of lower income
residents of the county.
• Table 1.7
Income and Poverty_Status_119791
Pamlico County
Median family income $14,509
Mean family income 16,538
Per capita income 5,076
Percent families below
. poverty line
Percent persons below
• poverty line
Percent families below
125% of poverty line
Percent persons below 125%
of poverty line
Source: 1980 Census of Population
9
17.5%
20.6
22.7
26.3
North Carolina
$16,792
19,513
6,133
11.6%
14.8
16.9
20.7

Chapter 2.0
Existing_Land_Use_and_Dev_elopment_Trends in the County
------- -----------------
Existing_Land_Use
Diagram 2.1 presents a generalized view of the patterns of existing
land use in the county. The county consists of 364,000 acres, with
151,000 acres of this comprising water. Of the remaining 213,400 acres,
forested land is the largest existing use, encompassing some 157L000
22rest_or_74% of the county's total area (1980 Pamlico County land use
plan). As Table 2.1 indicates, crops and pasture comprise approximately
33L500_acre2, marshland comprises 19,000 acres and urbanized and
developed areas in the county comprise approximately 2L200 acres.
Land Use
Forested
Crops and Pasture
Urbanized/developed
Marshland
Total
Table 2.1
Existing -Land -Use
Acres Percent
157,000 74.0%
33,000 15.7
2,900 1.4
_19L000 _8_9
213,000 100.0
Source: 1980 Pamlico County Land Use Plan
Revision 1987
9A
•
0

Chapter 2.0
Existing_Land_Use_and _Development_Trends in the County
Existing_Land_Use
Diagram 2.1 presents a generalized view of the patterns of existing land
use in the county. The county consists of 364,400 acres, with 151,000 acres of
this comprising water. Of the remaining 213,400 acres, forested land is the
largest existing use, encompassing some 151L000 acres, or 70_9% of the
county's total area (1980 Pamlico County Land Use Plan. As Table 2.1
indicates, crops and pasture comprise approximately 38L500 acres, marshland
comprises 19,000 acres and urbanized and developed areas in the county comprise
approximately 4L500 acres.
Table 2.1
• Existing_Land_Use
Land Use Acres Percent
Forested 151L229 70_9%
Crops and Pasture 384500 18_1
Urbanized/developed 4L500 2.1
Marshland _19A00 __8_9
Total 213,000 100.0
Source: Pamlico County Agricultural Extension Service
i
Revised Aug., 1989
10

•
Diagram 2.1

Trends -in -Land -Use -and -Development
---------------------
Recent development trends in the county can be analyzed by examining
building permit information that includes new single family homes and
townhomes as well as mobile homes. Table 2.2 displays the number of
permits that were issued each year from 1979 through 1984. There was a
peak in 1981 and 1982 of construction of new buildings that has dropped
off since that time. However, the number of mobile homes brought into the
county increased greatly from the previous years.
Aerial photography indicates that the majority of residents live along
the major roads in the county and especially at the intersections of those
roads. A comparison of 1975 and 1981 photography led to the conclusion
that new houses in the county were being built alongside existing houses.
Therefore, development in the county tends to be in the same general
areas, (see Diagram 2.1) that is along major roads and in existing
clusters.
New buildings
Relocated buildings
Mobile homes
Single wide
Double wide
Table 2.2
Building -Permits -Issued
1979 1980 1981 1982
50 59 75 76
15 14 6 12
187
153
164
136
23
17
188 155
174 143
14 12
1983
63
7
235
210
25
Revision 1987
11A
1984
49
3
169
153
16
0

Trends in Land Use and Development
Recent development trends in the county can be analyzed by examining
building permit information that includes new single family homes and townhomes
as well as mobile homes. Table 2.2 displays the number of permits that were
issued each year from 1979 through 1984. There was a peak in 1981 and 1982 of
construction of new buildings that has dropped off since that time. However,
the number of mobile homes brought into the county increased greatly from the
previous years.
Aerial photography indicates that the majority of residents live along the
major roads in the county and especially at the intersections of those roads.
A comparison of 1975 and 1981 photography led to the conclusion that new houses
in the county were being built alongside existing houses. A comparison_of
1981-1989 reveals_significant new development_along_the_creeks_And rivershore.
• Table 2.2
Building_Permits_Issued
1979 1980 1981 1982 1983 1984
New buildings 50 59 75 76 63 49
Relocated buildings 15 14 6 12 7 3
Mobile homes 187 153 188 155 235 169
Single 'wide 164 136 174 143 210 153
Double wide 23 17 14 12 25 16
• _-_ Table 2.25
Building_Permits_Issued 1985-1988
1985 1986 1987 1988
New Buildings
including (homes) -78 (53) 119 (55) 142 (49) 149 (51)
Mobile Homes 188 153 108 132
----------------------------------------------------------------------------
Table 2.25 New Information
Revised Aug., 1989
12

New seasonal and vacation housing locating in the county appears more
attracted to riverfront and sound shore locations (e.g., Jones Island). This
development can cause pollution and other problems, in turn jeopardizing the
quality of the local water and hence fishing recreation resources. In
particular, the Towns of Oriental and Minnesott Beach are increasingly
experiencing vacation and retirement development pressures. Agricultural runoff
can also create serious water quality problems.
•
0
Revision 1987
12A

The most critical factor by far concerning development in the county is
the suitability of the soils for wastewater disposal. Many of the soils in the
county are not suitable for septic tank drainage fields, although this has been
the primary method of waste disposal for years. Recent septic tank failures
and state legislation requiring strict compliance with state septic tank
regulations have been cause for concern throughout the county.
New seasonal and vacation housing locating in the county appears more
attracted to riverfront, creekfront and sound shore locations (e.g., Jones
Island). This development can cause pollution and other problems, in turn
jeopardizing the quality of the local water and hence, fishing recreation
resources. In particular, the Towns of Oriental and Minnesott Beach are
increasingly experiencing vacation and retirement development pressures.
Additional critical factors concerning development are institutional and
fiscal capacity, hurricane evacuation, aesthetic character, protection of
environmentally -sensitive areas and peat and phosphate mining. Each of these
• problems and issues is discussed further in subsequent sections of the plan.
Revised Nov., 1989
13

Chapter 3.0
Natural_and_Fragile_Areas
As part of the coastal plain, Pamlico County lies on nearly level land
that was formed during periods of higher sea level. The eastern two-thirds of
the county, from the Pamlico Sound shoreline to the Minnesott Ridge, or Suffolk
Scarp which runs parallel to N.C. 306, is called the Pamlico Terrace. The high-
est points in the county are located along the ridge and are approximately 50
feet above sea level. To the west of the ridge is the Terrace which includes
the remaining third of the county. Here the land is still relatively flat, but
gently sloping areas 25-50 feet above sea level are common.
Numerous creeks and rivers run through the county, but flow is sluggish
due to the flatness of the land. Ground water is usually plentiful in the area
because of the underlying rock formations. The Yorktown formation is a surfi-
cial aquifer that is thickest along the Minnesott Ridge and reaches a maximum
• depth of 75 feet. Beneath the Yorktown formation is a very productive artesian
aquifer known as the Castle Hayne limestone formation which is the main source
of water in the county. Domestic wells tapping into this aquifer will yield 20
to 50 gallons per minute, and commercial wells can yield several hundred gal-
lons per minute with little drawdown. The aquifer produces water that is gener-
ally hard with a variable content of iron, and is somewhat salty in some areas
near the estuaries. Ph ranges from 7.2 to 8.2, and iron content ranges from
.06 to .05 parts per million. Chloride content ranges from 10 to 40 parts per
million, and is particularly low at depths exceeding 300 feet.
The soils, natural areas and fragile areas of the county are discussed in
the remainder of this chapter.
Soils in any area are related to geology, relief, climate and vegetation.
The underlying geologic material (sands, clays and marls) and low relief of
Pamlico County have resulted in more than 50% of the soils in the area being
• classified as poorly drained by the Soil Conservation Service. Table 3.1 lists
the categories used by the Soil Conservation Service and the percentages of
land in Pamlico County that fall into each category.
The county can be divided into four areas based on relief and drainage:
1) uplands and sand ridges, 2) pocosins, 3) flood plains, and 4) salt marshes.
The uplands and sand ridges are gently sloping areas of excessively drained and
well drained soils with pockets of somewhat poorly to very poorly drained soils
between the ridges. Pocosins are areas of thick deposits of organic material
that appear to be flat, but have a very gentle slope from the center outward;
therefore, runoff is moderate, but very slow. The floodplains along streams
and the salt marshes both are nearly level areas and thus have very poorly
drained soils.
Few areas in the county are naturally drained because of the lack of
slopes. As a result, artificial drainage must be undertaken through small,
open ditches. These low, badly drained areas are less appropriate for
development, and best reserved as wildlife and natural areas.
14

Description
Very poorly drained
Poorly drained
Somewhat poorly drained
Moderately well drained
Well drained
Excessively drained
Table 3.1
Soil_ Drainage_Classes
Percent -of -Land
50.8%
28.6
6.0
9.9
2.3
0.2
• Small areas of water 2.2
General soils maps produced by the Soil Conservation Service show broad
areas that have a distinctive pattern of soils, relief and drainage. A map at
this scale can be used to compare the suitability of large areas for general
land use. These areas have been defined by grouping together several soil
types that share common characteristics. These groups of soil types, referred
to as associations, are listed in Table 3.2. The numbers in the table corre-
spond to the accompanying map (Diagram 3.1). This map was drawn from a prelim-
inary draft and actual boundaries may be shifted slightly in the final version
to be produced by the Soil Conservation Service. Onsite investigation is
necessary to precisely define and locate soils within one of these areas to
plan for intensive use. Detailed soils maps at a larger scale are available
and would be useful for onsite surveys.
The pattern of vegetation in Pamlico County follows that of soils and
topography. Along the estuarine shorelines, aquatic plants are found and along
the Minnesott Ridge, longleaf and loblolly pines grow. The majority of vege-
tation includes the saltgrass, rushes, cane, and cordgrass plants of the marsh
areas as well as, several varieties of oaks (swamp chestnut, laurel and cherry-
barK), maples, gums, poplars, and pines are found in mixed hardwood flats.
As mentioned previously, pocosins are areas of thick organic material that
appear to be flat, but are slightly higher in the middle. Pocosins have a
dense undergrowth of vines and plants, mixed with pond pines. Cypress and oaK
are found in some of the higher areas.
15

•
PAMLICO COUNTY
GENERAL SOILS
(S.•t• loci I.n C.r.)
I/ ff •,..w �.
we♦oe
wJ♦IW
7
tt
� to
;N
` �" eWK Ow.Otlf
i t 3
�• tr. a«r � �.
o
tit 6
�--_. 00
6
3 � �
3 •^
6
� 5 5
/ 3 3
I( J q
/ 6
LEGEND
MM
10
\1
1 IO `
\ T. C S I -------
Diagram 3.1 r

In most evaluations (U.S. Department of Agriculture and the State of North
Carolina Department of Health and Human Services) soils with severe, very severe
or extreme limitations are not suitable for septic tanks.
•
•
Revision 1987
16A

Table 3.2
key -To -Soils -Map
Number
Soil -Association
1
Yonges-Altavista-Fork
2
Goldsboro -Lynchburg -Norfolk
3
Stockade -Arapahoe, Wasda
4
Paxville-Rains
5
Argent-Brookman-Wahee
6
Leaf-Craven-Lenior
T
Belhaven -Dare
8
Croatan-Dare
9
Lafitte-Hobucken
10 Leon -tomahawk -Rutledge
The Soil Conservation Service has grouped soils according to their
limitations for field crops in a general way (Diagram 3.2). In Pamlico County
most soils have moderate limitations that reduce the choice of plants or that
require moderate conservation practices. Some have severe limitations that
reduce the choice of plants further or that require special conservation prac-
tices. Other soils have very severe limitations that reduce the choice of
plants to an even greater extent or that require very careful management. A
few areas have soils with extreme limitations that nearly preclude their use
for commercial crop production.
In most evaluations (U.S. Department of Agriculture and the State of North
Carolina Department of Health and Human Services) soils w_ith_v_ery severe or
extreme limitations are not suitable for septic tanks.
The protection of farmland in the county is addressed more specifically in
Chapter 5.0.
Revised Aug., 1989
17

PAMLICO
SOIL LIMITATIONS
�,•`.
CWNTY i;.I..
'
FOR FIELD CROPS i
MODERATE
SEVERE
VERY SEVERE �
1•
:::j,
. r<.
'd 'iAt•��J .2�yA ,F/�..s�}.._...j kri +rira�'��'V�, - W-N`
:' w�.''•�+PJ!
�:• X
Diagram 3.2
yy�� '•'� • •' �' •1.
04,4
�wt:r'7•"� 'cl
0
O
�l:�i�.y � �•
CCc.�•t caayy
LEGEND
---• ew.n ..11....,
•W \Y. N••W,
v W..II M•M
•IKY.1 .11M•1 �/

The varied plant communities, landforms and patterns of land use create
natural habitats for deer, squirrel, rabbit, fox quail, mourning dove,
songbirds, raccoon, mink, muskrat, otter and oppossum. There are also a small
number of black bear in the northern part of the county near Mesic and
HobucKen. Rare or endangered species that have been sited within Pamlico County
include the American alligator, red-cocKaded woodpecker, bald eagle, peregrine
falcon, and short -nosed sturgeon.
Along the Bay River, Neuse River and Pamlico Sound, fish and shellfish can
be found along with ducks, geese, herons and shorebirds. Impoundments have been
created in some areas to attract waterfowl and the Goose Creek State Game Lands
provide additional areas for wildlife conservation and hunting.
•
Revision 1987
18A

The varied plant communities, landforms and patterns of land use create
natural habitats for deer, squirrel, rabbit, fox, quail, mourning dove, song-
birds, raccoon, mink, muskrat, otter and oppossum. There is a growing
population of Black Bear spreading across the county. Rare or endangered
species that have been sited within Pamlico County include the American
alligator, red -cockaded woodpecker, bald eagle, peregrine falcon, short -nosed
sturgeon, and brown pelicans.
Along the Bay River, Neuse River and Pamlico Sound, fish and shellfish can
be found, along with ducks, geese, herons and shorebirds. Impoundments have
been created in some areas to attract waterfowl and the Goose Creek State Game
Lands provide additional areas for wildlife conservation and hunting. The
Goose Creek Lands_1291:Z5_acresl_are_leased to the_ State_ by_ the_ Federal Govern-
-------------- -------------- ----------------
ment. The Federal Government also owns 134_acrest_more_or_lesst_as_land known
------------------------------------- ------
as Pamlico Point and 62 acrest_more_or_lesst_of_land known as Maw Point.
-------------------------- --------------------
The shorelines of Pamlico County include primary nursery areas for young
• finfish and crustaceans (see Diagram 3.3). The initial growing season for
these species is spent within the estuarine system because of factors such as
water temperature and salinity; they also find protection from predators in the
grasses and shallows or the nursery areas.
•
Revised Nov., 1989
19

I
N
N
I
u

P A M L I C 0 COUNTY NURSERY AREAS
0
LEGEND
® Primary Nurscry A r c a
® Municipality
SCALE 1: 225, 000
0 s 10 MIL
November, 1989
P r c p a r e d by: Center for C c o g r a p h i c
Information and Analysis. NC Dept. of
Environment, Health, k Natural ReSOnre

Public Trust Waters are defined by CAMA to include all waters of the
Atlantic Ocean and lands thereunder from the mean high water mark to the seaward
limit of state jurisdiction. Some artificially -created bodies of water are also
classified as public trust waters. In Pamlico County, there are some 348 miles
of bay and estuarine shoreline, and 29 bays, rivers and creeks, which are
classified as public trust waters. Under the public trust doctrine these areas
are held in trust by the state for the public to use for navigational and
recreational purposes.
•
0
Revision 1987
20A

Table 3.3
Natural -Areas
Natural -Area
Acreage
Hardwood Flats
A. Federal Paper
2,400
B. Stonewall
425
C. Merritt
11500
Sand_Ridges
A. North Minnesott
11250
B. South Minnesott
380
Northwest_Pocosin
12,500
Under the Coastal Area Management Act (CAMA) several primary natural areas
called Areas of Environmental Concern or AEC's are designated. Among those
that have relevance to Pamlico County are: (1) coastal wetlands; (2) estuarine
water; (3) public trust areas; (4) estuarine shorelines; (5) coastal areas that
sustain remnant species; (6) complex natural areas; (7) unique coastal geologic
formations; and (8) significant coastal historic architectural resources. Each
of these Areas of Environmental Concern is discussed below as they apply to
Pamlico County.
Coastal wetlands are defined by CAMA regulations to include "any salt
marsh or other marsh subject to regular or occasional flooding by tides,
including wind tides ... provided this shall not include hurricane or tropical
storm tides" (07H.0205). These are extremely productive ecological environ-
ments, which provide essential nutrients for various species of fish and shell
fish, and provide feeding and nesting areas for waterfowl and wildlife. These
areas also serve to reduce shoreline erosion, and serve to filter pollutants
and excessive nutrients. These areas also serve as natural flood mitigation
devices, in their ability to act as "sponges," retaining and absorbing flood
waters. Some 60,019 acres in the county are included in low tidal and upland
48 marshland areas and thus fall into this category (1980 Land Use Plan). The
majority of these areas are located adjacent to Pamlico Sound in the North-
eastern portion of the county. A substantial acreage of marshland is also
found along the county's creeks and rivers.
The CAMA program places a high priority on protecting and enhancing these
natural areas. The stated management objective for these areas is the
following:
To give highest priority to the protection and management of
coastal wetlands so as to safeguard and perpetuate their bio-
logical, social, economic and aesthetic values; to coordinate and
establish a management system capable of conserving and utilizing
coastal wetlands as a natural resource essential to the
functioning of the entire estuarine system.
21

•
0
The North Carolina Coastal Area Management_Act_prov_ides_for the
regulation_and_protection_of conservation_ and critical_ resource -areas through
state standards and consistent local standards as specified_in_,iurisdictional
land use plans:__ The_ act_ further reguires_that_these state_and local_guidelines
---------------- ------ ------
-shall give_special_attention_to the_eroteciion and_aEeroeriate_development_of
Areas of -Environmental Concern. The CAMA_regulations_ identify_13_categories
------- --- --- --
--------------------------- - -
of Areas of Environmental Concern. The following_four_categories_exist_in
Pamlico County___coastal_wetlandst_estuarine_watersL_public_trust areast_and
estuarine shorelines. ARpendix_I_prov_ides_a comelete_copy_of_-- Hjtr_15_of_the
------- ------ ----------- ----
North Carolina Administrative Code,_Subchapter_7H___State Guidelines for Areas
------------------------------- --------------------- --
-- Environmental Concern. Please refer to Sections .0205 through__0209_for
- ------------------------------------------------------------
definitions of land use standards for these Areas of Environmental Concern.
---------------------------------------------------------------------------
Revised Nov., 1989
22

The specific use standards stipulated under CAMA for development in the
areas are the following:
(1) All development projects, proposals and designs shall substantially
preserve and not weaken or eliminate natural barriers to erosion,
including, but not limited to, peat marshland, resistant clay shore-
lines, 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
equal to or exceed the protection by the 30 percent limitation.
• (3) All development projects, proposals and designs shall comply within
the mandatory standards of the North Carolina Sedimentation Pollution
Control Act of 1973 ...
(4) Development shall not have a significant adverse impact on estuarine
resources.
(5) Development shall not significantly interfere with existing public
rights of access to, or use of, navigable waters or public resources.
(6) No major public facility shall be permitted if such facility is
likely to require extraordinary public expenditures for maintenance
and continued use, unless it can be shown that the public purpose
served by the facility outweighs the required public expenditures for
construction, maintenance, and continued use.
• (7) Development shallnot cause major or irreversible damage to valuable
documented historic architectural or archaeological resources.
A final category of AEC's relevant to Pamlico County are those which
contain natural and cultural resource areas. Several types of AEC's are con-
tained within this category, including: (1) coastal areas that sustain remnant
species; (2) coastal complex natural areas; (3) unique coastal geologic forma-
tions; (4) significant coastal archaeological resources; and (5) significant
coastal historic architectural resources.
23

Large pocosin areas in Pamlico County should be considered complex
natural areas. The two largest and most significant are the Bay City
Pocosin located north of N.C. Highway 55 between the western county line,
Goose Creek Island, and Beaufort County and the Light Ground Pocosin in
central Pamlico County between Minnesott Beach and Bayboro. These pocosin
areas should be considered fragile and should only be used on a limited
basis by select farming and forestry operations. Any mining of the large
peat deposits located in these pocosin areas should be performed with strict
compliance to relevant environmental regulations,
The CAMA regulations define unique coastal geologic formations to include
"sites that contain geologic formations that are unique or otherwise significant
components of coastal systems, or that are especially notable examples of
geologic formations or processes in the coastal area." While no such areas have
been designated in the county, the 1980 plan identifies an area on Benner's
Plantation (in Dawson Creek area) which contains pleistocene marine invertebrate
fossils and fluestrial vertebrate fossils.
is
Revision 1987
23A

AEC's within the category of fragile natural and cultural resource areas
are not designated in advance, but rather are created under special nomination
and designation procedures trefer_to_Section __0500_of_Appendix_It. These
areas may be nominated to the Coastal Resources Commission (CRC) at any time by
any person or group. Upon nomination, the Division of Coastal Management (DCM)
conducts a preliminary evaluation which is presented to the CRC for their
endorsement. If endorsed, the OCM conducts a more detailed evaluation of the
site, including a management plan and use standards. After reviewing this
detailed report, and conducting a public hearing on the proposed designation,
the CRC can then officially designate the fragile natural and cultural resource
areas as an AEC. Once designated, any development within the AEC must be
consistent with the management's plan and use standards.
Coastal areas sustaining remnant species are defined as including land
which supports "native plants or animals determined to be rare or endangered
(synonymous with threatened and endangered)..." No -areas -have -been -designated
-------------------
by_thg_Coastal --
Resources Commission.
-------------------------
• Coastal Complex Natural Areas are defined as "lands that support native
plant and animal communities and provide habitat qualities which have remained
essentially unchanged by human activities." The 1980 Land Use Plan identifies
the following areas in the county as satisfying these criteria:
Large pocosin areas in Pamlico County should be considered complex
natural areas. The two largest and most significant are the Bay City
Pocosin located north of N.C. Highway 55 between the western county line,
Goose Creek Island, and Beaufort County and the Light Ground Pocosin in
central Pamlico County between Minnesott Beach and Bayboro. These pocosin
areas should be considered fragile and should only be used on a limited
basis by select farming and forestry operations. Any mining of the large
peat deposits located in these pocosin areas should be performed with
strict compliance to relevant environmental regulations.
Pamlico County_adopted_a_Mining_Policyt_An_Amendment to the Land Use Plan
------------- ---------------------------
of Pamlico County�_North_Carolina_in_1983.
- lE_gni-----
The CAMA regulations define unique coastal geologic formations to include
"sites that contain geologic formations that are unique or otherwise signifi-
cant components of coastal systems, or that are especially notable examples of
geologic formations or processes in the coastal area." While no such areas
have been designated in the county, the 1980 Plan identifies an area on
Benner's Plantation (in Dawson Creek area) which contains pleistocene marine
invertebrate fossils and fluestrial vertebrate fossils.
Areas of significant coastal archaeological resources contain "archaeo-
logical remains (objects, features, and/or sites) that have more than local
significance to history or pre history." There has not been a significant
study done in Pamlico County. However, the Division of Archives and History
have identified a number of ship wrecks along the County's shoreline that would
qualify as significant sites.
Revised Nov., 1989
24

Policies-- Protection -of -Natural -and -Fragile-Areas
--------------------------------
1. The county will attempt to discourage development in areas where soils
are particularly unsuited for septic tanK use.
2. The county supports the objectives of CAMA in managing and regulating
Areas of Environmental Concern,
3. The county will continue to carefully restrict the extent of public and
private wastewater disposal entering the public trust waters within and
bordering the county.
4. The county will ensure that future development near shorelines
stringently adheres to state sedimentation control regulations and that all
appropriate actions are taKen to minimize nonpoint pollution from agricultural,
forest and other resource -oriented activities.
0
Revision 1987
24A

Significant coastal historic architectural resource areas are defined as
"districts, structures, buildings, sites or objects that have more than local
significance to history or architecture." Relatively few historically -signifi-
cant structures exist in Pamlico County. One identified in the 1980 land use
plan was the China Grove House, built in 1790 (one-half mile east of Dawson's
Creek Bridge on State Road 1302). Historic and archaeological resources are
discussed further in Chapter 10.0.
Goal - Protection of Natural and Fragile_Areas
It is the goal of Pamlico County to preserve and protect its natural
resources and environmentally -sensitive and fragile areas. To the extent
possible, these important natural areas should be maintained in an undeveloped
state.
Policies -- -Protection -of -Natural -and_Fragile_Areas
-------------------------------
1. The County will_discourage development in areas where soils are
particularly unsuited for septic tank use and -no -approv_ed_or_suitable
-----------
wastewater -treatment -exists.
----
L
2 Pamlico County_establishes_a_permanent conservation zone within
ty_fiv_e_i751_feet_of_the_mean high_water_lev_el_for all_shorelines
bordering_primary_nursery_areas_and_estuarine_waters._ All construction
activites _will be prohibited__in this zone,_except_f_or_shoreline_stabilization
activities and_structures_allowed under LAMA_permitting_reguirements,_marinas,
piers_and_other_structures_prov_iding_water_access,_clearing_of_v_egetation,_boat
ramps,_pav_ing_for_access_parKing_which_complies_with_the estuarine shoreline
use standards as specified_in_15_NCAC_7H.0206_Srefer_to_Appendix_Il,_farming
activities following_best_managemeni_practices_as_ -
defined in -Appendix_II,_and
---------------------------
forestry_activ_ities m following_best_manageent_practices_as defined in the
Forestry_Best_Management_Practices Manualt_1989,_North_Carolina--- vision _of
Forest_ Resources. This_policy_shall_apply_to_land_subdiv_ided_after_this_plan
is_approv_ed_by_the_Coastal _Resources _ Commission_ regardless_ of use, and _all _lots
platted -or _subdiv_ided_prior._to_approv_al_by_the_Coastal_Resources_Commission
which are_used_for_any_non_single_family_residential_purpose.
_I-\
. . Pamlico County_will_permit_only_those_land uses which conform to the
3e
genecal_use_standards_of -the -North -Carolina -Administrative -Code -
(I5NCAC7H)_for
------------------------------------
dev_elopment_within the Area's of Environmental Concern; _identified in the_plan
-------------------------------------------
as/or Conservation Areas; except_for_the_preservation_of a_permanent_conserva-
------------------------ ---- -----
tion_zone_within 75 feet of the mean high_water_lev_el_for all shorelines border_
ing_primary_nursery_areas_and -estuarine -waters,_as_specified -in -the -Natural_and
------------------------
Fra9i1e_8reasL_P21i2y_2.
4. The County_will_consider_oblection to_or support_ of_ construction_ of
public_and_priv_ate_sewage_treatment_systems_which_discharge_into_primary
nursery_areas and/or SC classified_waters_on a case_by_case_basis.__Pamlico
County_supports_the utilization of land application_of effluents as appro_ved_by
cognizant_state_authorities.
Revised Nov., 1989
25

5. The county will seek to preserve the unique natural areas identified by
the Peacock and Lynch study, including protecting them from any adverse impacts
from industrial development. The county's Environmental Impact Assessment
Ordinance is useful in evaluating proposed development.
G. The county will encourage development and site design in shoreline
areas which minimize the extent of impervious surfaces and storm water runoff.
7. The county will review the adequacy of existing setback requirements
for coastal wetlands and the estuarine shoreline and ensure that sufficient
buffers exist to minimize the effects of pollution and runoff. The county will
encourage development and site designs which maximize the distance from these
sensitive areas and size of buffers around coastal wetlands.
8. The extension of future sewer and water lines, and other public
investments, will be undertaken in such a way as to minimize future development
pressures on the sensitive natural areas identified in this chapter. •
9. The county recognizes the recreational and other positive uses of
natural areas and will consider policies for their protection. The county will
initiate a study to consider options available for preserving these areas and to
determine which natural areas should be afforded the highest priority.
10. The county will consider incentives which will encourage the
maintenance of privately owned sensitive areas, including estuarine islands, in
their natural state.
11. The county will take whatever future actions are necessary, including
the regulation of development and the placement of septic tanks and other sewage
disposal systems, to ensure the protection of groundwater resources.
12. Because of the general unsuitability of the soils in Pamlico County to
accomodate septic tanks, and the threats posed to local water quality, priority
should be given to the timely but careful development of a sewer system in the
county (see Chapter 11.0). The use of package treatment plants will be given
careful consideration.
13. The Environmental Impact Statement process required for certain
development will be used to diminish the possibility of the despoliation in
natural and fragile areas.
14. The Subdivision Ordinance is being studied and a mobile home park
ordinance is being prepared.
15. The use of non-selfpropelling floating homes or boats for permanent
residences (for more than two continuous weeks) will be discouraged.
Revision 1987
25A

5. The County_will_ensure_that_future development_near_shorelines strin-
genily_Adheres_to -state -sedimentation -control_regulations_and -that -all -appro_
-----------------------------
priate_Actions are taken to minimize_non=point pollution from_agricultural�,
--------------- ------ -----
forest and other resource -oriented activities.
----------------------------------------------
6_ Pamlico County_will_utilize its_environmental impact_ordinance as
------------- ---- ------------- ---------
an aid in evaluating_proposed_industrial_and_high=densiiy_residential
------------------- ----
dev_elopment_
7. Pamlico County_supports_all standards and regulations_of the North
------------------------------------------
Carolina Sedimentation Erosion Control Act.
9. Pamlico_County_•Iill_suppori_the -construction of water and sewer
------- -------------------------- -----
lines.--Provision-of-central-water and sewer servicesL_public_or_privateL_in
7-----------------
Conservation I and II classification areas will be Opposedt_except_water_and
--------------------------------------------------
sewer lines_may_be_constructed_to serve uses allowed by Policy_2_on_page_26_
--------- --------------------
Individual wells and complying_with_state_re--1-tions _will_be_
•-------------------- ----
allowed_
9. The County recognizes the recreational and other positive uses of
natural areas and will consider policies for their protection. The County will
initiate a study to consider options available for preserving these areas and
to determine which natural areas should be afforded the highest priority.
10. The County will consider incentives which will encourage the
maintenance of privately -owned sensitive areas, including estuarine islands, in
their natural state.
11. Pamlico County_supports_the_regulation_of land uses ngroundwater
--------- ------------ear
-----
sources through_ regulation_by_the_North Carolina Division of Environmental
------------- -----------------------------------
Managemeniz_NCAC_Subchapter_2L_and Subchapter_2CI
12. Pamlico -County_2upports_state_and -federal_legislation_regulating_the
------------------
• discharge_of_waste from all vessels including_floating_homes_
Revised Nov., 1989
26

SECTION THREE: DEFINITIONS
"Major Development Project" includes industrial and commercial projects,
material or mineral extraction projects, and any project involving substantial
grading or vegetation clearance or any project that would have a substantial
impact on the hydrology of the county or its environs; but does not include any
projects involving the development of less than two contiguous acres, unless
part of a development which will eventually comprise more than -two contiguous
acres.
•
n
LJ
Revision 1987
26A

•
a
Section Three: Definitions
Amendment To The Environmental Impact Statement Ordinance
"Major Development Project" includes industrial and commercial projects,
material or mineral extraction projects, and any project involving substantial
grading or vegetation clearance or any project that would have a substantial
impact on the hydrology of the County or its environs; but does not include any
projects involving the development of less than two contiguous acres, unless
part of a development of more than two_contiguous_acres___Other exclusions are
------- ------------------
bona_fide farmt_forestry_and_seafoo_d operations_ following_best_management
eractices_Jsee_Aeeendix_II_and the Forestry_Best_Management_Practices_Manuall
1989L_North_Carolina Oiv_ision of_Forest ResourceslL_dredge_seoil_imeoundments
and_single_family_residential_developments_
Note: Page 108, Mining Policy, An Amendment to the Land Use Plan of Pamlico
County, North Carolina. Adopted April 11, 1983.
Revised Nov., 1989
27

Much of the regional employment base, as discussed earlier, is resource -
oriented, with heavy reliance on agriculture, forestry, fishing and mining.
Table 4.1 presents a list of employed persons in Pamlico County by type of
industry. Approximately 18% of local workforce was employed directly in these
resource -related industries in 1980. Table 4.1 indicates that employment in
other sectors is also extensive. Approximately 18% of the local workforce is
employed in manufacturing, with about half of this in the manufacture of
nondurable goods (e.g., food and allied products) and half in the manufacture of
durable goods (e.g., furniture, lumber and wood products, machinery and
transportation equipment).
0
is
Revision 1987
2TA

i
Chapter 4.0
Economic and Industrial Developsent
------------------
Without a local and regional economic base residents would not be able to
remain in Pamlico County. Furthermore, developing and expanding the county's
economic base and local economic activities are essential to enhancing the
quality of life for residents of Pamlico County. Given the relatively high
percentage of county residents below the poverty level, expanding employment
opportunities and increasing income levels should be an important priority.
Much of the regional employment base, as discussed earlier, is resource -
oriented, with heavy reliance on agriculture, forestry, fishing and mining.
Residential and commercial construction is also becoming_ increasingly_impor_
-------------------------------------------------------
tant_ Table 4.1 presents a list of employed persons in Pamlico County by type
of industry. Approximately 18% of local workforce was employed directly in the
resource -related industries in 1980. Table 4.1 indicates that employment in
other sectors is also extensive. Approximately 18% of the local workforce is
employed -in manufacturing,'with about half of this in the manufacture of non-
durable goods (e.g., food and allied products) and half in the manufacture of
durable goods (e.g., furniture, lumber and wood products, machinery and
transportation equipment).
Approximately'13% of the, workforce is employed in retail trade, and 7%
wholesale trade. A relatively large portion (21%) of the workforce is employed
in the services area (a large portion of this is education and health related).
Public administration comprised about 8% of the workforce, about 3% in finance,
insurance and real estate, and about 5% in transportation, communications and
public utilities. About 300 workers, or about 8% of the workforce, were
employed in construction.
28
Revised Aug., 1989

•
•
Table 4.1
Industry_of_Employed_Persons in Pamlico County
Paml ico
Employed persons 16 years and over
3,734
Agriculture
264
Forestry and fisheries
239
Mining
159
Construction
294
Manufacturing
671
Nondurable goods
375
Food and kindred products
117
Textile mill and finished textile products
153
Printing, publishing, and allied industries
6
Chemicals and allied products
62
Durable goods
296
Furniture, lumber and wood products
115
Primary metal industries
4
Fabricated metal industries, including ordinance
8
Machinery, except electrical
31
Electrical machinery, equipment, and supplies
2
Transportation equipment
127
Transportation, communications, and other utilities
170
Railroads
Trucking service and warehousing
51
Other transportation
48
Communications
30
Utilities and sanitary services
41
Wholesale trade
Y58
Retail trade
476
General merchandise stores
30
Food, bakery, and dairy stores
166
Automobile dealers and gasoline stations
74
Eating and drinking places
82
Finance, insurance and real estate
116
Banking and credit agencies
62
Insurance, real estate, and other finance
54
Services
792
Business services
21
Repair services
53
Private households
50
Other personal services
70
Entertainment and recreation services
17
Professional and related services
581
Hospitals
75
Health services, except hospitals
100
Elementary and secondary schools and colleges
314
Other educational services
15
Social services, religious and membership organizations
53
Legal, engineering, and other professional services
24
Public Administration
295
Source: 1980 Census of Population
29

Table 4.2
Occupation_of_Employed_Persons_for Pamlico_County
Pamlico
Employed persons 16 years and over
3,734
Managerial and professional specialty occupations
548
Executive, administrative, and managerial occupations
254
Officials and administrators, public administration
13
Management related occupations
37
Professional specialty occupations
294
Engineers and natural scientists
42
Engineers
31
Health diagnosing occupations
10
Health assessment and treating occupations
19
Teachers, librarians, and counselors
168
Teachers, elementary and secondary schools
117
Technical, sales, and administrative support occupations
713
• Health technologists and technicians,
59
Technologists and technicians, except health
48
Sales occupations
200
Supervisors and proprietors, sales occupations
47
Sales representatives, commodities and finance
39
Other sales occupations
114
Cashiers
50
Administrative support occupations, including clerical
406
Computer equipment operators
-
Secretaries, stenographers, and typists
107
Financial records processing occupations
78
Mail and message distributing occupations
10
Service occupations
426
Private household occupations
48
Protective service occupations
30
Police and firefighters
13
Service occupations, except protective and household
348
• Food service occupations
101
Cleaning and building service occupations
124
Farming, forestry, and fishing occupations
498
Farm operators and managers
115
Farm workers and related occupations
135
Precision production, craft, and repair occupations
649
Mechanic and repairers
199
Construction trades
250
Precision production. occupations
167
Operators, fabricators, and laborers
900
Machine operators and tenders, except precision
193
Fabricators, assemblers, inspectors, and samplers
94
Transportation occupations
152
Motor vehicles operators
125
Material moving equipment operators
56
Handlers, equipment cleaners, helpers and laborers
405
Construction laborers
42
Freight, stock and material handlers
70
Source: 1980 Census of Population
30

Policies--- Economic -and -Industrial-Qev-elopment
--------------------------------
1. The county will continue to encourage the location of small scale
industrial development.
2. The county will not welcome future energy facilities, industrial and
economic growth which has substantial negative effects on the natural
environment and the high quality of life which currently exists in the county.
For instance, the county is not interested in attracting a large, polluting
industry, even though such -an industry might generate substantial employment and
economic activity for the county.
3. The county does not wish to promote future industrial growth or energy
facilities at the expense of its existing traditional economic base, namely
farming, forestry and fishing. For instance, the county does not wish to
encourage the location of an industry if it will substantially impede the future
of the fishing, farming, forestry or recreation industries. .
4. The county will review the adequacy of its existing industrial and
commercial sites, to ensure that they are consistent with the goals and
objectives of this plan.
S. The county recognizes that the aesthetic and recreational qualities of
the area represent important economic resources, and will seek to protect these
resources in the future. The county recognizes that vacation and second -home
recreational housing will become an increasingly important part of the local
economy, and will seen to accommodate this economic sector to the greatest
extent possible. However, the county will seek to ensure that such future
development does not have negative effects on the natural environment and does
not serve to undermine the other goals and policies delineated in this plan.
6. The construction of the public sewer system will be used to focus
development where it will be less likely to conflict with the policies of this
plan. •
Revision 1987
30A

Table 4.2 presents the occupation of Pamlico County workers. The largest
occupational category is operators, fabricators and laborers, in which about
24% of the workforce falls. Managerial and professional specialty occupations
comprised about 15%, and technical, sales and administrative support occupa-
tions about 19% of the workforce. About 11% of the workforce is employed in
service occupations, and about 13% is employed in farming, forestry and fishing
occupations.
Goal -- Economic -and -Industrial -Development
--------------------------------
It is the goal of Pamlico County to encourage future economic growth and
development to provide adequate employment and income levels for all residents
of the county.
Policies -- Economic and Industrial Development
1. Pamlico County_will_suppori_an_active industrial_recruitment_program
seeking_low_pollutionL_light_manufacturing_industri_es_and__ those_ which_ do_ not
reguire_large_commitments-of _water _and/or _sewer.
_
2. Pamlico County_supports_the_development_of_non-polluting_industries
Sthose_not v_iolating_state_and_federal air and water_gualiiy_standardslt_pro_
_yiding_such_dev_elopments_are_compatible_with_ the County_s_fishingt_farmingt
_recreationindustries.Pamlico _County_willt_to_the extent ---------- poss=
fblet_prohibithazardous_waste--- sposal_sites_within_the_County___Public_funds
will -not -b_
e -used -to -provide_services_to -unacceptable_commercial -development_
----------------------------------
3. Pamlico - County_desires --
to minimizany_Ad_verse_impacts_en_its
--------- ----------e-
---
traditional economic base from industrial and economic development___All
7---------------------------------------------------
industrial_prospects_will be_giv_en_a case-by_case_assessment to carefully
---------- ---- ------ ---------------------
compare_possible economic benefits with possible_ negative environmental
------ K-u------ - -------------
effects. The Pamlico County_Env_ironmental Impact_Statement Ordinance will_be
------------------------------------ -------------------
utilized to mitigate_adv_arse_ environmental_imeacts___Some industriest_such_as
--------------------------- -----------
• boat_or_ship_maintenance_and_repairt_may_ need_ to be close_ to water_ areas
and%or_have water access_ .Boat railwayst_hoat_rampsL_and_other water access
facilities consistent with 15 NCAC 7H use standards will be allowed within the
------------- ------- 7-7---------------------- ---------------------------------
C
-onsevation I classification. Commercial and industrial building _ _swillnot be
----r----------------------------------------------------------
allowed in the Conservation I land classification.
4. The County will review the adequacy of its existing industrial and
commercial sites, to ensure that they are consistent with the goals and
objectives of this plan.
S. The County recognizes that the aesthetic and recreational qualities of
the area represent important economic resources, and will seek to protect these
resources in the future. The County recognizes that vacation and second -home
recreational housing and_retirement_housing have become an increasingly impor-
tant part of the local economy, and will seek to accommodate this economic
sector to the greatest extent possible. However, the County will seek to
ensure that such future development does not have negative effects on the
natural environment and does not serve to undermine the other goals and
policies delineated in this plan.
Revised Nov., 1989
31

Table 5.1 presents some basic information about farming and agriculture in
Pamlico County, derived from the Federal Census of Agriculture. In 1982,
approximately 44 thousand acres were contained in 136 farms. This constitutes
about 20% of the county's acreage. The average farm size in 1982 was 324
acres. Comparing 1978 and 1982 data indicates that while the number of farms in
the county is declining, the average size of the remaining farms is increasing.
This parallels a national trend as farms become increasingly mechanized and
specialized. The number of acres in farmland has remained roughly the same,
though it increased slightly between 1978 and 1982. The average per farm value
of land and buildings was $336,463 in 1982, registering a substantial increase
since 1978. The average per acre value of land and buildings in Pamlico County
farms was $1,076 in 1982. •
0
Revision 1987
31A

Chapter 5.0
Agriculture1_Forestry_and_Fishing
The many miles of navigable waterways, extensive forests and productive
soils have provided a rich natural resource base for fishing, forestry, and
farming since the county was settled. The towns of Bayboro, Vandemere, Pamlico
and Oriental grew from small fishing settlements at the heads of rivers, creeks
and bays. Later, as the road system developed, people moved into the interior
to farm.
Agriculture is the leading industry in Pamlico County. Wheat, oats, rye,
corn, cotton, peas, rice, potatoes, cattle, hogs and sheep were early agricul-
tural products. By 1879, the leading crops were corn, cotton and sweet pota-
toes, but pests later caused cotton and sweet potato production to die off.
Table 5.1 presents. some basic information about farming and agriculture in
• Pamlico County, derived from the Federal Census of Agriculture. In 1982,
approximately 38L500 acres were contained in 136 farms. This constitutes
about 18% of the county's acreage. The average farm size in 1982 was 324
acres. Comparing 1978 and 1982 data indicates that while the number of farms
in the county is declining, the average size of the remaining farms is
increasing. This parallels a national trend as farms become increasingly
mechanized and specialized. The number of acres in farmland has remained
roughly the same, though it increased slightly between 1978 and 1982. The
average per farm value of land and buildings was $336,463 in 1982, registering
a substantial increase since 1978. The average per acre value of land and
buildings in Pamlico County farms was $1,076 in 1982.
Table 5.1
Characteristies_of_Agriculture -in -Pamlico -County
-----------------------
1978
1982
1987
• Number Farms
174
136
86
of
Acres in farms
42,597
44,045
38,270
Average size in acres
245
324
445
Approximate county land area
213,400
213,400
213,400
Proportion of county land in farms
19.5%
20.2t
18.0%
Average per farm value of land
and buildings
$232,718
$336,463
$390,488
Average per acre value of land
and buildings
$870
$1,076
$8?0
Source: Census of Agriculture for 1978, 1982, 198?
Revised Nov., 1989
32

•
•
As Table 5.2 indicates, of the acreage in Pamlico farms, about 30,000
acres are used as harvested cropland. The majority of Pamlico farms, according
to the 1982 Census of Agriculture, were involved in growing cash grains (94
farms). A substantial number (20 farms) produced other field crops, specific-
ally tobacco (14 farms) and sugar crops, irish potatoes, hay, peanuts and other
field crops (6 farms) (•gee Table 5.3).
Table 5.2
Farm_Land_in_Pamlico_County
1978 1982
Total cropland acres 30,023 32,445
Harvested cropland acre. 28,129 30,718
Cropland used only for -crazing 573 297
Total woodland acres 11,188 9,927
Sources: 1982 Census of Agriculture
33

Table 5.3
lypes_of_Farms in Pamlico_County_in_1982
Number -of -Farms
Cash grains 94
Field crops, except ca•h grains 20
-
t;otton
-tobacco 14
-sugar crops, irish 1:)tatoes, hay,
peanuts and other yield crops 6
Vegetables and melons 2
• Fruits and tree nuts 3
Horticultural specialities 2
Dairy farms
Poultry and eggs
Animal specialities
General farms, primarily livestock --
Source: 1982 Census of Agriculture
34
34

Table 5.4 presents the market value of the agricultural products produced
by Pamlico County farms. In 1982, these products were valued at nearly $12
million. The average value of farm products was $88,151 in 1982. As Table 5.4
indicates, and as already noted, the largest cash value productions is in the
area of grains (corn, grain, wheat, soybeans, etc.), which amounted to more
than $6 million dollars in 1982 and other crops produced market values of over
$3 million dollars. Tol,acco production accounted for about $2 million dollars.
Table 5.4
Mar Ket Value
t,f Agricultural Products Sold by_Pamlico_Farms
1978
1982
Total Sales
$10,691,000
$11,989,000
Average per farm
61,442
88,151
• Grains (corn, grain, wheat, soybeans, etc.)
4,77G,000
6,193,000
Tobacco
2,308,000
1,875,000
Vegetables, sweet corn
and melons
390,000
490,000
Nursery and greenhouse
products
31,000
---
Other crops
2,027,000
3,033,000
Livestock, poultry and
their products
1,155,000
376,000
Source: 1982 Census of Agriculture
One important characteristic of agriculture in Pamlico County is its
dependence on artificial drainage. Because of the county's high water table,
• most of the county's agricultural soils are classified as containing wetness
limitations. Consequently, drainage is necessary to farm in most of these
soils and an extensive surface drainage network of canals and ditches exists
throughout the county (CRC, Ltd. 1984).
The largest use of land in Pamlico County is for forestry operations.
Historically, tar, pitch turpentine and lumber were important forest products.
County extension agent estimates of receipts for timber sales put them at over
$3.6 million for the county in 1983 (CRC, Ltd. 1984a). The 1983 timber harvest
was estimated at 296,500 cords of pulpwood and 5.48 million board feet of saw
t imber .
Loblolly Pine is the most important commercial timber species grown in the
county because of its high market value. The Loblolly Pine is well adapted to
the soils and climate of the area and grows quickly making it easy to establish
and manage. In addition to pines, several varieties of oak, and maples, gums,
hickories, and poplars are used to produce wood products.
35

Several large timber companies own substantial areas in the county.
Table 5.5 presents the acreage owned in the county by the primary companies.
Timber and wood products represent an important component of the local economy
and future land use planning and management in the county should attempt to en-
hance and protect these resources. These resources also represent important
recreational resources, which could be used for hunting and other outdoor activ-
ities. Protecting the county's forest resources will also protect its visual
and aesthetic character.
Companies
Weyerhaeuser
Texas Gulf
• Taylor
Total
•
Table 5.5
Con-mercial Timber_Companies-in Pamlico
Source: 1980 Pamlico County Land Use Plan
Ownership in Pamlico County
36,116.14 acres
16,336.00 acres
14,051.20 acres
66,503.34 acres
Commercial fishing was Pamlico County's second leading industry in 1983,
generating over $7 million in docKside earnings and substantially more in the
processing, wholesale, and retail trade of fish products. County landings,
weight and value, for the last six years are shown in Table 5.6. Throughout
this period, the county has consistently ranked third in value landed among
coastal counties, after Dare and Carteret. Principal species landed are
shrimp,_ flounder, blue 4:rab, grey sea trout, croaker, and spot.
Major fishing ports in the county are Lowland, HobucKen, Vandemere,
Bayboro, Pamlico, and Oriental. A total of 848 commercial vessel licenses were
purchased in 1983, consisting of 272 full-time licenses, 188 part-time, and 388
pleasure. (The figure of 272 full-time licenses is misleading, as it is doubt-
ful that all of these vessels were used by bona fide full-time fishermen. Only
108 of these vessels were over 25 feet in length; Ill were under 21 feet, and
undoubtedly many of these were probably not used full-time.) The county had 58
licensed seafood dealers in 1983, with the greatest concentrations in Lowland,
Bayboro, and Oriental.
Agriculture, forestry and fishing are not always complimentary economic
sectors. It is clear that agricultural and forestry activities can create
severe negative environmental impacts on fish habitats, and thus on the long
term sustainability of the fishing resource. Runoff into sensitive estuarine
areas is a problem. Farming drainage canals often empty into primary nursery
areas or into creeks leading to these nursery areas. Freshwater runoff can
reduce the value of estuarine nurseries by reducing average salinities.
36

The county also recognizes that certain agricultural and forestry practices
may have adverse impacts on the long-term productivity of the land, on the
productivity of estuarine waters, and on the environmental health of the
county. It is a goal of the county to support the modification or elimination
of these deleterious practices, so as to ensure the long-term productivity of
the county's resource base and to protect the quality of life of county
residents. •
Policies -_Agriculturet_Forestry_and_Fishing
1. The county will, to the extent possible, direct future growth and
development away from the most productive agricultural and forest lands in rural
areas. Future development will be encouraged to locate on less productive land
in existing communities or transition areas.
2. The county values its forestlands as both economic resources and
aesthetic and recreational resources. To the extent possible it will discourage
future development in highly productive forested areas. The county will take
whatever actions it can to encourage the retention of these areas in their
current uses.
0
Revision 1987
36A

Table 5.6
Seafood_Landingst_22mlic2_C2untyt_1978_1983
Year Landings Dockside Value
(thousands of pounds)
1983 14,022 7,135,000
1982 14,020 7,688,000
1981 17,329 6,710,000
1980 21,381 9,737,000
1979 19,524 6,573,000
1978 15,412 4,317,000
• Source: Preliminary seafood landings, N.C. Division of Marine Fisheries,
Morehead City, N.C., as cited in CRC, Ltd. 1984a
Juvenile forms of a number of species of fish and shellfish have been found to
be more abundant in nursery areas where no man-made drainage existed and where
salinity levels were more stable (see CRC, Ltd. 1984a). Farming and forestry
practices can also create substantial sedimentation problems, as well as the
introduction of nutrients into estuarine areas, such as nitrogen and phos-
phorus. Pathogenic bacteria is also introduced through animal wastes, and
human wastes from malfunctioning septic tanks. Together this off -site pollu-
tion constitutes a serious threat to the fishing resource upon which the county
heavily depends.
Goal ___Agriculture, Forastry_and-Fishing
• It is the goal of Pamlico County to protect and strengthen the
agricultural, forest and fishing sectors which today comprises such an
important part of the local economy. It is essential that the County do
everything it can to protect the natural resource base upon which these
economic sectors rely.
Policies___AgricultureL_Forestry_and_Fishins
1. The County will direct future growth and intensive
development away from the most productive agricultural and forest lands by
encouraging_future_dev_elopment_to_Iocate on land in existing_communitiest
trans ition_areast_or_areas_classified_as_"Rural_with_Ser_vices"_
2. Pamlico County_supports_sound _forest management_ and the replanting_of
forests_following_harv_est___Howevert_the_County_does_not_supQort_fmposing
additional_local_restrict ions_on_forestry_management_and_practices.
Revised Nov., 1989
37

3. The county supports and encourages the use of sound forest management
practices. This should include an adequate restocking of forestry after harvest.
4. The county recognizes the economic importance of fishing and will
manage future growth and development to minimize damage to commercial fishing
resources. Among other policies, the county will seek to restrict the extent of
damaging erosion and runoff, and the entrance of other pollutants into sensitive
coastal waters (see Chapter 3.0). More specifically, the county will seek to
modify agricultural and forestry practices which have negative environmental
consequences through at least the following means:
a. The county should consider additional funding for specific projects
and manpower needs in resource conservation that have a strongly
demonstrated need and a high probability of success.
b. The county should develop a closer working relationship with the Bay
River Soil and Water Conservation District, and should encourage and .
assist the District in expanding its scope and funding support in
becoming a more aggressive advocate of resource conservation.
C. The county should request the General Assembly to provide counties
with the ability to require conservation plans on the installation of
appropriate conservation treatments as a condition of eligibility for
use -value property tax assessment.
d. The county should initiate formation of an ad hoc county water
management task force to bring together the disparate local interests
in water management and to begin worK towards a comprehensive water
management plan for the county.
5. Marinas are an important part of water based activity in the county but
if not located and managed carefully can contribute to the degradation of the
water that makes that activity possible. The county, therefore, endorses all
the state policy that applies to the location and management of marinas and
further discourages them from locating in primary nursery areas, shellfishing
areas and other highly sensitive areas. It encourages each marina in the county
to make pump out facilities available and to use best practices to avoid
spillage of fuels, wastes and other pollutants.
Revision 1987
37A

3. Pamlico County_supports_sound_agricultural_production. However._the
------------- ---- ----------------
county_does_ not_ suppori_imposing_additional -local -restrictions -on_agricultural
------------------
production_and_its_practices_
4. The County recognizes the economic importance of fishing and will
manage future growth and development to minimize damage to commercial fishing
resources. Among other policies, the County will seek to restrict the extent
of damaging erosion and runoff, and the entrance of other pollutants into sensi-
tive coastal waters (see. Chapter 3.0). More specifically, the County will seek
to modify agricultural and forestry practices which have negative environmental
consequences through at least the following means:
a. The County should consider additional funding for specific projects and
manpower needs in resource conservation that have a strongly
demonstrated need and a high probability of success.
b. The County should develop a closer working relationship with the Bay
. River Soil and Water Conservation District, and should encourage and
assist the District in expanding its scope and funding support in
becoming a more aggressive advocate of resource conservation.
C. The County should initiate formation of an ad hoc county water
management task force to bring together the disparate local interests
in water management and to begin work towards a comprehensive water
management plan for the county.
S. Pamlico County_ supports_ the location of marinas in conservation
--------- -------------------------------------
areast_estuarine shoreline areasL_estuarine wattrs,_and_public_trust areas
which meet_the_reyuirements_of_15__NCAC_7H_and_comply_with_the_following_local
standards.
'Commercial marinas and/or marinas_open_to_the_public_at-large_for
general_use_hav_ing_more_than_10_slips_shall_prov_ide_pump_out
• facilities -and__ set _aside_acreage_for_underground_sewage_disposal as
determined to b&i_appropriate_by_the_Pamlico County_Health_Department.
-- Provide - public-restrooms -at -commercial -marinas -and/or ----
mn arinas_ope
-----------------------------------
to the public_at_large_for_general_use_
-- Provide -of f-street parkirng_at_ihe_ratio of one_space_for each_slip_-
-------- ----
and one and one-half_spaces_for each dry_storage_space_
Revised Nov., 1989
38

Goal ___Mining
It is the goal of Pamlico County to encourage the development of these
local peat and phosphate deposits provided that such development will not have
a serious negative effect on the other natural resources in the county and that
such development will make a positive contribution to the economic, social and
psychological well-being of the people of the county. It is especially
important that the development or continued use of renewable resources, such as
farmland, forestland or the estuaries.
Policies___Mining
1. The adjacent natural environment and human activities should not be
adversely affected to an unreasonable degree, including such features as:
a. water quality and quantity, both of surface waters and ground waters;
b. the natural function of streams, wetlands and estuaries; •
C. air quality;
d. wildlife and fish populations
e. the natural beauty of the county; and
f. farming, fishing, tourism, forestry, and other economic activities.
2. The development of the resource should have a positive economic and
fiscal impact on the county in both the short- and long-term.
3. Once the peat or phosphate is removed, the site should be restored to a
condition either approximating its original natural state, or capable of
supporting productive uses of the land which are compatible with the land use
plan. .
Revision 1987
38A

Chapter 6.0
Within the sedimentary rock that underlies Pamlico County, phosphate
pellets occur in varying amounts. Beds of phosphate -rich sand may exist
throughout the county, but are more likely to be found in areas where the
average rock composition is sand. Thus, the highest concentrations can be
expected in areas of greater than 75 percent sand and moderate concentrations
where the rocks are 50 to 75 percent sand (Diagram 6.1). Texas Gulf owns land
in the county that could be mined for phosphate, although no mining is taking
place currently.
In addition to phosphate, Pamlico County contains rich deposits of peat.
Peat is found in the marshes and in areas known as pocosins (Diagram 6.2).
There are three major pocosin areas within the county: the Light Ground, Bay
City, and Northwest. The Light Ground pocosin contains the most suitable for
• energy production and ranges from 0-12 for mining peat within this area, but
the lack of a firm market for peat has delayed mining operations.
Goal ---Mining
It is the_goal_of Pamlico County_to_regulate_the deyelopment_of_local
-----------------------------
peat_and_phosphate_dePosits_
Policies___Mining
1. Pamlico County_will_fully_implement_its Environmental_ Impact
------------- ---- ----------------
Statement Ordinance to ensure that there are not any_adv_erse_environmental
---------------------------------------------------------------
impacts_resulting_from_mining_operation. The construction of impoundments_or
7-7--------
---------------
one acre or less not associated with mining_nperations where all excavated
material_ is_ stored_ on_site_ are_exempt_from_mining_policies and state permitting
reguirements_fMining_Act_of_19711___Bona_fide_farm/ a Sri cuItural_practices_are
exempt_from tfie mining_designation. Emphasis_will be placed_on the following:
a. water quality and quantity, both of surface waters and ground waters;
b. the natural function of streams, wetlands and estuaries;
c. air quality;
d. wildlife and fish populations;
e. the natural beauty of the county; and
f. farming, fishing, tourism, forestry, and other economic activities.
2. Any_mining_activity_will_reguire_an -Environmental_Impact_Statement.
------------- ---------
Revised Nov., 1989
39

PAMLICO COUNTY
POTENTIAL DEPOSITS OF PHOSPHATE
Moderate concentration
(50 to 75 percent *and)
High concentration
(Greater than 75 percent *and)
0
... . .......
I k."llilm
9...Rpffl�wvwd
Diagram 6.1
LEGEND

i
•
-----�` Diagram 6.2

Chapter 7.0
Mitigation -of -Natural -Hazards
Hurricanes_and-Coastal-Flooding
Coastal North Carolina experiences hurricanes, tropical storms and severe
extratropical cyclones usually referred to as northeasters. Since 1900, fifty-
six hurricanes have passed across or close to the North Carolina coast. Of
these fifty-six storms, twenty-one were major hurricanes, and twelve of those
were destructive in Pamlico County. During major hurricanes that occurred in
the mid 1950's, flood elevations of 6.1 to 8.7 feet at Oriental, 5.5 to 6.5
feet at Hobucken, and 5.6 to 8.9 feet at Bayboro were recorded (FEMA 1984).
Flood Insurance Rate maps have been completed for unincorporated areas of
Pamlico County by the Federal Emergency Management Agency (FEMA). The 100-year
flood has been adopted by FEMA as the base flood for purposes of floodplain
• management measures. This line represents the level that water would reach
during a flood that is expected to occur on the average of once during a 100-
year period. This means that there is a 1% chance of a flood of that magnitude
occurring during any one year. The 500-year flood is used to indicate addi-
tional areas of flood risk in the county. Floods of this magnitude have a 0.2%
chance of occurring during any one year.
Diagram 7.1 shows the approximate boundaries of flood insurance zones
which represent areas of flood potential or hazard. The areas designated as
Zone V are special flood hazard areas along the coast that would be inundated
by the 100-year flood and that have additional hazards due to the velocity of
storm waves. The V Zone generally extends inland to the point "where the 100-
year flood depth is sufficient to support a 3-foot breaking wave". Because of
the additional hazards associated with high energy waves, the National Flood
Insurance Program regulations require much more stringent floodplain management
measures in these areas, such as elevating structures on piles or piers.
Due to the scale of the map, Zones A and B were combined. These areas are
between V Zones and the 500-year flood line and are subject to 100-year
floods. The third category shown, Zone C is subject to only minimal flooding.
In 1986, the U.S. Army Corps of Engineers prepared maps of coastal North
Carolina using a computer based model. This model, SLOSH (Sea Lake Overland
Surge from Hurricanes), projects the flooding that will occur as a result of
hurricanes of a ldrge variety of characteristics (e.g., wind speed, direction,
time, etc.). Diagram ?.2 shows the composite of these projections for storms
in categories 1 and 2, 3, and 4 and 5 using the Safir-Simpson Scale: Number 1,
winds between ?4 and 95; Number 2, winds between 95 and 110; Number 3, winds
between III and 130; Number 4, winds between 131 and 150; and Number 5, with
winds over 150 miles per hour.
42

The two diagrams (7.1 and 7.2) show that virtually the entire county and
all of its development is subject to some degree of flooding in the most
extreme conditions.
The land use plan guidelines for CAMA were modified in the spring of 1983
to specifically address hurricane hazard mitigation and post -storm reconstruc-
tion. Local land use plans must now incorporate mitigation policies and post -
storm reconstruction plans. The mitigation and reconstruction policies that
localities are required to prepare must consider at least the following:
I. Separate policies which deal with the effects of high winds, flooding,
wave action and erosion for those hazard areas where such forces may
be expected;
2. Means of dealing with structures and uses which do not conform to the
hazard mitigation policies;
• 3. Means of encouraging hotels, restaurants, and similar large commercial
structures to locate outside of erosion -prone areas;
4. Policies which deal with the acquisition of parcels located in hazard
areas or rendered unbuildable, for the purpose of public access
(Section .0203 (b)(a)),
The development of post -disaster reconstruction policies are intended to
assist localities in raking development and redevelopment decisions in the
aftermath of a hurricane or severe storm, where the pressures to rebuild are
great and where opportunities for careful deliberation are often few (see
McElyea, Brower and Godschalk). Reconstruction guidelines are to address,
among other things: "the timing and completion of damage assessments; the
timing and imposition of temporary development moratoria; and the development
of standards to which repairs and reconstruction shall conform" (.0202 (a)(b)
(iv)).
Localities are to establish schedules for staging reconstruction
"according to established priorities assigned to the restoration of essential
services, minor repairs, major repairs and new development" (.0203 (a)(b)(v)).
Localities are also required to prepare policies to direct the repair and recon-
struction of public facilities, and to consider their possible relocation out-
side of high hazard zones. Consideration must also be given to the establish-
ment of a "reconstruction tasK force," to oversee post -storm recovery and to
deal with the policy questions which arise during the reconstruction phase.
While these requirements are intended to be most relevant in oceanfront
localities, Pamlico County is vulnerable to the effects of hurricanes and
coastal storms given its large amount of sound and river shoreline.
43

•
PAMLICO COUNTY
FLOOD ZONES
(WHITE AREAS NOT INCLUDED IN STUDY]
':�,'�,'.� ZONE V
'`,0;••';••'0',�•:•.',•;; ZONE A i
bili
Diagram 7.1

PAMLICO COUNTY i-� '""• ��
SLOSH AREAS �� ' •
Areas flooded by Categories tit � ? -•••`
,
Additional areas flooded by Category 3 ,, • • , , , , ; ,
�\a Additional areas flooded by r • • . • • • • • . • • . t
M. r . ........
Categories 4 3 5
. Ott:. <:%. ,.,.e' •, ♦�e,
{p�j • • sty, .s-'(. •.•
Y • • �y �sfst�+8
4.
Diagram 7.2

extending southeast from Kennels Beach around Wilkinson Point then
northeast to a point approximately halfway between Janiero and Oriental, then
continuing from a point just west of Coddle Creek to a point just west of Broad
Creek. The positions of the shoreline from Wilkinson Point northeast are
generally low and also subject to flooding while the shoreline southwest of the
Wilkinson Point area are high banked shorelines dropping off sharply where the
land meets the water" (1980 Plan, p. 59).
Policies -- -Mitigation-of -Natural -Hazards
------------- ----------------
1. The county supports the objectives of the Natural Flood Insurance
Program. Future development located in coastal floodplains will be subject to
the elevation and floodproofing requirements specified under the regular phase
of the National Flood Insurance Program.
2. To the extent possible, the county will minimize the extent to which
people and property are placed at risk in designated flood hazard areas. •
3. The county will take efforts to inform residents and prospective
landowners of the nature and extent of the coastal flood hazard by publicizing
the hazardous areas and encouraging the schools, civic clubs and others to spend
some of their time becoming aware of the hurricane hazard.
4. The county will attempt to discourage future development in high hazard
erosion areas.
S. The future location of public facilities and structures will take into
consideration the existence and magnitude of natural hazards. To the extent
possible, such public investments will avoid hazardous locations. However,
where location in high hazard areas is inevitable, such structures or facilities
will be designed so that future damages from hurricanes and other natural
hazards are minimized.
6. The county will consider the formation of a post -hurricane recovery and is
task force, as recommended in the CAMA storm hazard planning
provisions. This team would provide oversight and direction during the
reconstruction phase and would assist in the identification of mitigation
opportunities.
Revision 1987
45A

Shoreline_ Erosion
Shoreline erosion is a natural hazard existing in the county. Of the 348
miles of bay and estuarine shoreline, with 30 miles classified as critical and
24 miles classified as non -critical erosive shoreline (1980 Land Use Plan).
These erosive areas exist along the Neuse River and along port*Ans of creeks
and streams...
"...extending southeast from Kennels Beach around Wilkinson Point then
northeast to a point approximately halfway between Janiero and Oriental, then
continuing from a point just west of Coddle Creek to a point just west of Broad
Creek. The positions of the shoreline from Wilkinson Point northeast are gener-
ally`low and also subject to flooding while the shoreline northwest of the
Wilkinson Point area are high banked shorelines dropping off sharply where the
land meets the water" (1980 Plan, P. 59).
Goal ____Mitigation_of_Natural-Hazards
It is the goal of Pamlico County to minimize the risks to human life, and
the risks to public and private property posed by hurricanes, coastal flooding,
shoreline erosion and other natural hazards.
Policies -- - -----Miiigation_of_Natural -Hazards
---------------
1. The County supports the objectives of the National Flood Insurance
Program. Future development located in coastal floodplains will be subject to
the elevation and floodproofing requirements specified under the regular phase
of the National Flood Insurance Program.
2_ The County will make efforts to inform residents and prospective
landowners of the nature and extent of the coastal flood hazard by publicizing
the hazardous areas and encouraging the schools, civic clubs and others to
spend some of their time becoming aware of the hurricane hazard.
• 3. Pamlico_County_is_concerned with development_occurring_in_high_hazard
erosion areas_ HoweverL-the _env_ironmental_imelications_of_extensiv_e_shoreline
stabilization in high_hazard_erosion areas is not certain. The County_!g1 1
----------------- ----------------------------------
consider undertaking_a_detailed_ study_ to define_ high_ hazard erosion areas and
----------- ------------------
to develoe_aPeroeriate_control/stabilization standards.
----------------------------
4_ The future location of public facilities and structures will take
into consideration the existence and magnitude of natural hazards. Public
facilities will _not -be -constructed in hazard areas unless.no -other_option_is
-----------------------------------------------------
availabl-e -ii:e_Z_utiliiiesl__ -When -location -in -hazard areas is unavoidablet
--------------------------------------------- -
all_facilitiest_utilitiesL_and_structures will_be -----
designed_and_located_to
----- -----
comply_with_reguirements of -the National Flood Insurance_ Program_and_the
----- -------------------------
County_s_Flood Oamage_Pre_vention Ordinance.
----- ---------------------
5. The County_will_maintain_A_post_hurricane recov_ery_And_reconstruction
----------------------------------
task force, as recommended in the CAMA storm hazard planning provisions. This
team would provide oversight and direction during the reconstruction phase and
would assist in the identification of mitigation opportunities.
Revised Nov., 1989
46

7. The county will establish a post -hurricane damage assessment team, also
recommended under the new CAMA provisions. This team will facilitate the
acquisition of federal and state disaster assistance funds, will facilitate
decisions concerning rebuilding and reconstruction, and will also assist the
reconstruction task force in identifying mitigation opportunities that may be
present following a hurricane or coastal flood.
8. The county should be prepared to take advantage of the opportunities to
mitigate future hurricane and storm losses following the occurrence of a
hurricane or severe coastal storm. These opportunities may take the form of
relocation of damaged structures outside of particularly hazardous sites, the
public acquisition of high hazard areas, and other policies which reduce the
permissible density at which redevelopment can occur. To ensure that hasty
redevelopment does not occur, and that opportunities to mitigate future natural
hazards are not foreclosed, the county will consider an ordinance to permit
local officials to impose a temporary reconstruction moratorium following a
major disaster. •
9. Septic tanks and drainfields which are substantially damaged must be
repaired or reduced in accordance with the rules and regulations in effect at
the time the repairs or replacement takes place.
10. The county will consider ways it can reduce exposure to natural hazards
in the future through public acquisition of high hazard parcels. Such
acquisition could be coordinated with other needs and objectives of the county,
including the protection of important natural areas, and provision of adequate
recreational facilities.
0
Revision 1987
46A

6_ The County will maintain a post -hurricane damage assessment team,
recommended under the new CAMA provisions. This team will facilitate the
acquisition of federal and state disaster assistance funds, will facilitate
decisions concerning rebuilding and reconstruction, and will also assist the
reconstruction task force in identifying mitigation opportunities that may be
present following a hurricane or coastal flood.
7. Pamlico County, because_of_a lack of densely_populated_areasL_does_not
----------------- ---------------
foresee the need_to_prohibit_any_and_all_development_for_any_specified_period
----------------
of time.- Residents shall be allowed -to -proceed_with_redevelopment_and_-------------------------------------------------
recon-
struction as soon as practical and in accord with the various levels of state
------------------- -----------------------------------------------
and federal disaster relief_provided_to them.
8. Septic tanks and drainfields which are substantially damaged must be
repaired or replaced in accordance with the rules and regulations in effect at
the time the repairs or replacement takes place.
• 9___Pamlico_County_is_supportive_of_CAMA_permitting_reguirements_for__
shoreline stabilization structures in estuarine shoreline areas.
----------------------------------------------------------------
a___Pamlico County_has_an_gstablished county-wide_building_inspection
------------------------- -
programt_including_the_serv_ices_ of a building_ inspector_ to enforce
--------- ---------
provisions of the N.C. State-uilding_Code_for_new construction.
-------------------------- --------------
These provisions include design_reguirements for wind resistance and
--------------------- ------------------------
mobile home tie -downs for newly_placed_mobile_homes.
------------------------------ b.--Pamlico County_has_also_adopted_and enforces through_its_building
--------------------------------
inspection_programt_a_Flood Oamage_Prev_ention Ordinance for the
----- ----------------------
Regular_Phase of the National_Flood Insurance Program___This
------------- -----------------
ordinanceL_which_reguires_basic flooderoofing_for_all new construc
-------------------------------
tiont_including_all_first floor elevations - being_at or above the
------------------- base flood elevations, will continue to be enforced as - part ----
of the
County's building inspection program. The base flood elevation, as
Isshown on the flood insurance maps, is the elevation of the 100-year
flood.
c. The County_will_continue_to_support_gnforcement of state and federal
-------------------- -------------------------
programs_which aid in mitigation_of hurricane hazardsL_including_CAMA
and -the -U.S. -Army_Corps_of_Engineers_404_permit_process_
-------------
10_ The County will periodically evaluate the capacity of its existing
road and transportation system to evacuate residents in the event of a
hurricane or severe coastal storm. It should identify any trouble areas and
take appropriate actions to correct these problems. The County must make
particular efforts to ensure that residents in the Goose Creek Island area are
able to evacuate in a timely manner. The evacuation plan_has been coApleted_
----------------------
Revised Nov., 1989
MA

11. The county will periodically evaluate the capacity of its existing road
and transportation system to evacuate residents in the event of a hurricane or
severe coastal storm. It should identify any trouble areas and taKe appropriate
actions to correct these problems. The county must make particular efforts to
ensure that residents in the Goose CreeK Island area are able to evacuate in a
timely manner. The evacuation plan is currently being reviewed and will be
revised with the assistance of the North Carolina Division of Emergency
Management.
12. The county will periodically evaluate the adequacy of existing
designated hurricane shelters. This evaluation must consider both the
structural adequacy of the buildings and their location relative to hurricane
hazards.
13. The county will periodically conduct simulated hurricane evacuation and
emergency management drills to familiarize county officials and residents with
emergency procedures.
•
Revision 1987
47A

•
11_ The County will periodically evaluate the adequacy of existing
designated hurricane shelters. This evaluation must consider both the
structural adequacy of the buildings and their location relative to hurricane
hazards. An -inventory_and_malocatinllditedhricane -shelters -will
---------- p_ g_a_esgna_ur-----------------
be_maintained_by_the_County_
12_ The County will periodically conduct simulated hurricane evacuation
and emergency management drills to familiarize county officials and residents
with emergency procedures.
Revised Aug., 1989
48

•
•
Chapter 8.0
Traffic and Transportation
The use of the automobile is the primary mode of transportation for
Pamlico County residents. The importance of this mode of transportation, and
the quality and condition of county thoroughfares upon which it depends, is
evident by the relatively large number of residents who must commute sub-
stantial distances to wc•rk daily. As Table 8.1 indicates, in 1980 some 1450
Pamlico residents, or approximately 41% of the county's workforce, had to
commute a distance equivalent to 30 minutes or greater of travel time. 893
residents, or one-quart(:r of the local workforce, traveled 45 minutes or more
to work daily. The importance of the street and road system is further
indicated by Table 8.2 which shows that few alternative transportation modes
are currently being used.
Table 8.1
Travel Time for Pamlico County_4lorkforce in 1980
-------------------------------------
Mean travel time
Less than 10 minutes
10 to 19 minutes
20 to 29 minutes
30 to 44 minutes
45 or more minutes
workers 16 years and over who did
not work at home
Source: 1980 Census of Population
49
28.2 minutes
749 workers
761 workers
558 workers
557 workers
893 workers
--------------
3518 workers

A thoroughfare plan for the county was developed by the State Department of
Transportation, and adopted by the county in 1971. Under this plan roads in the
county are classified as minor arterial, major collector roads or minor
collector roads. Two segments of minor arterial are identified as existing in
the county: the north -south Highway 306 between Minnesott Beach and Bennett
(and north to Aurora), and east -west Highway 55 between Grantsboro and Olympia
(west to New Bern). (See Diagram 1.1.) The remainder of Highway 55, and
Highway 304 generally between Bayboro and Goose Creek Island are identified as
existing major collector roads. The only road improvement proposed in the 1978
plan is the construction of a bridge to Minnesott Beach from Carteret County,
and thus to connect this minor arterial to the South.
The outdated nature of this thoroughfare plan suggests the need for a full
analysis of existing street and road conditions, and the preparation of an
updated list of needed street and thoroughfare improvements.
In developing this list of needed improvements, consideration should be •
given to the importance of such improvements to economic growth and development
in the county. One of the primary deterrents to industrial development in
Pamlico has been the lack of a major north -south route. Although ferries do
cross the Pamlico and Neuse Rivers, they are not suitable for heavy commercial
traffic. Upgrading of roads and the construction of bridges to the north and
south would increase the development potential of the county.
PJ
Revision 1987
49A

Table 8.2
Modes of Transportation_to_Work -for_Pamlico -County_Residents -in -1980
------------ ------------------
Workers 16 and over 3,673
Percent worked outside.area of residence 42.3%
Modes of transportatiot,
Private automobile 3,253
Public transportatior. 56
Bicycle 15
Motorcycle
• Walked only 156
Other means
Worked at home
Source: 1980 Census of Population
106
85
A thoroughfare plan for the county was developed by the State Department
of Transportation, and adopted by the county in 1971. Under this plan roads in
the county are classified as minor arterial, major collector roads or minor
collector roads. Two segments of minor arterial are identified as existing in
the county: the north -south Highway 306 between Minnesott Beach and Bennett
(and north to Aurora), and east -west Highway 55 between Grantsboro and Olympia
(west to New Bern). (See Diagram 1.1) The remainder of Highway 55, and
Highway 304 generally between Bayboro and Goose Creek Island are identified as
• existing major collector roads.
The_County_pro_vides_input_on_an_annual basis to the State's
-------------------------
Transportat ion_Improv_ement Plan. When needed_improv_ements are identified for
---------------------- --------------------
input_to_this_pl2l!,_consideration should_ be_giv_en_to_the_impact_of_such
---------- ----
improv_ements_on the economic_growth_and development_in the county___One_of_the
----------------------------------
deterrents to development_in Pamlico County_has_been the lack of access to the
north and_south,_specifically_to_Highways_U_S__17 and U.S. 70. Although
------- ---------------------
ferries do cross the Pamlico and Neuse Rivers�,_they_are_not_suitable for_high
------------ --------------------------------- ----------
volume traffic. Access to_Highways_70_and 17 through_New_Bern_is not adequate
-------------------------- --------- --------
because of the open_on_demand_swing_bridges_ov_er the Trent and Neuse Rivers and
---------------- -------------------------------
the-congested_traffic conditions on the_approaches to these bridges___Although
outside the_19 isc_ouny._controlled_opening_schedules
--------dition
- ----of ---PamlicoCt
------- - for
---
these bridges_are_being_considered_and_an_engineering_study_of_a_now_bridge
-------- ----
over the Neuse River will beg _ ____ inin1990Imp_ _ _lementationofthesechanges will
7---------------------------
improv_e_access_to_the_County_
Revised Aug., 1989
50

There are indications that a substantial segment of the Pamlico County
population, particularly the poor and the elderly, experience mobility prob-
lems. Problems may exist in finding transportation to healthcare, hospital,
shopping and other facilities or in finding adequate transportation to and from
employment. As Table 8.3 reiterates, the county contains a relatively high
proportion of these low. -mobility groups.
Table 8.3
Potential _Mobility_Problems_in_Pamlico_County
1960 1970 1980
Percent housing units i1: the
county without automok,iles -- 23.8% 14.4%
Percent families in the county
under poverty line -- 27.6% 17.5%
• Percent individuals over 65
years of age 9.0% 11.7% 13.7%
Source: 1960, 1970 and 1980 Census of Population
1970, 1980 Census of Housing
•
51

•
•
As Table 8.4 indicates, some 530 dwelling units in the county did not have
access to any type of private vehicle in 1980. These statistics suggest that
the county should consider the feasibility of initiating limited forms of pub-
lic transportation. These types of services could include van -pool, limited
dial -a -ride services, or special transportation services provided by county
social service agencies. Collaborating with other nearby jurisdictions is also
a possibility.
Table 8.4
Vehicles Available -to -Pamlico -County -Households
--------------------------------
(by dwelling unit)
Total:
None 530
1 1166
2 1265
3 or more 717
Automobiles
None
641
1
1867
2
965
3
205
Trucks or vans
None
2210
1
1290
2
173
3 or more
5
Source: 1980 Census of Housing
52

7. The county recognizes the importance of not shifting the burden of
current expenses to future residents, industries or generations and will,
therefore, explore ways of insuring that new development pays its own way by,
among other things requiring that new residential development pay for required
infrastructure.
8. The county recognizes the importance of the military to the national
security and also to the local economy but also recognizes the importance of
recreational and agricultural activities to the overall quality of life in
Pamlico County in the long term and therefore it is the policy of the county
that military activity in and around the county be consistent with the policies
of this plan to the maximum extent feasible.
•
•
Revision 1987
52B

Policies -- -Traffice -and -Transportation
---------------------
1. The county should make whatever future road and street improvement are
necessary to ensure that traffic congestion and dangerous traffic conditions do
not exist. To this end the county should update, or request that the state
update, the 1971 thoroughfare plan.
2. The county acknowledges the importance of its road and thoroughfare
system for encouraging future economic and industrial development in the
county. The county should in the future identify key street and road
inadequacies and work to eliminate them. It appears, for instance, that a
primary deterrent to future industrial growth in the county is the absence of a
major north -south route. To the extent possible, the county will work to
provide such a route.
3. Future road and street improvements should take into consideration the
presence of hurricane and coastal storm hazards. Future roads in the county •
which may serve as evacuation routes in the event of a hurricane might be
elevated, for instance. Where possible future streets and roads in the county
should be located outside of high hazard flood areas. The county should
carefully examine the capacity of the existing bridge and ferry system to
evacuate residents in a sufficient period of time (see Chapter 7.0).
4. Because much of the recent development in the county has occurred along
its roads and thoroughfares, the potential congestion and safety problems
presented by this pattern of development are substantial. The county should
work to carefully regulate future growth and development along these
transportation routes. Among other things the county should seek to limit the
proliferation of individual driveways and accessways, and should encourage
creative development projects which incorporate commmon access points and well -
designed internal traffic flows. The county will discourage the proliferation
of strip commercial development along its roads and thoroughfares and will
encourage or require the development of common access points.
S. The county recognizes that a major segment of the population may have
serious transportation problems and will take whatever actions are possible to
provide adequate transportation services to these individuals. The county will
investigate the feasibility of a limited form of public transportation (e.g.,
through the use of county vans, school buses during off hours, a dial -a -ride
service, etc.) to provide access to Key destinations both within and outside of
the county. The county will seek the cooperation of neighboring jurisdictions
in providing such services.
6. Future road and street improvements should be designed so as to
minimize their impact on fragile and sensitive areas and to preserve the
aesthetic resources of the county.
Revision 1987
52A

Goal ___Traffic and_Transportation
It is the goal of Pamlico County to provide an adequate street and road
system to provide for the safe and easy movement of traffic in the county. It
is the County's goal to provide adequate transportation services for all
residents of the county.
Policies -- -Traffic -and -Transportation
----------------------
I. The County should recommend whatever future road and street improve-
ments are necessary to ensure that traffic congestion and dangerous traffic
conditions do not exist.
2. The County acknowledges the importance of its road and thoroughfare
system for encouraging future economic and industrial development in the
county. The County should in the future identify key street and road inade-
quacies and work to eliminate them. A deterrent to future growth_in -the
---------------------- -----
County_is_the_limited -access -to -the -north -and -south. --To -the -extent_possible,
----- ----------------------------------------
the County_will_work to_improv_e_such access.
3. Future road and street improvements should take into consideration the
presence of hurricane and coastal storm hazards. Future roads in the County
should prov_ide_for timely_e_vacuation from high_hazard areas. These roads
------- ------------------- --------------------
should be elevated_to_permit_safe_passage_ during_adverse_conditions. _Comple_
---------------------------
tion of the current Army_Corps_of_Engineers_plan_for_a_65-foot high_rise_bridge
------------curren---------------
over the Intracoastal Waterway_ at_Hobucken will_improv_e_safe_ingress/egress_to
-----------I---7---------------------
this otherwise isolated area.
----------------------------- -
4. Because much of the recent development in the County has occurred
along its roads and thoroughfares, the potential congestion and safety problems
presented by this pattern of development are substantial. The County should
work to carefully regulate future growth and development along these trans-
portation routes. Among other things, the County should seek to limit the
. proliferation of individual driveways and accessways, and should encourage
creative development projects which incorporate common access points and well -
designed internal traffic flows. The County will discourage the proliferation
of strip commercial development along its roads and thoroughfares and will
Qarticularly_discourage_strip_dev_elopment_along_N_C__55 -where - -Ian Ianing_is
proposed_
-----------
5. The County recognizes that a major segment of the population may have
serious transportation problems and supports_the_pro_yision_of adeguate
iransportation_services -to -these --
individuals. The County will seek the
--------------------------------------
cooperation_of_neighboripq_1urisdictIons_ in_prov_iding_such_serv_ices.
6. Future road and street improvements should be designed so as to
minimize their impact on fragile and sensitive areas and to preserve the
aesthetic resources of the county.
7. The County recognizes the importance of not shifting the burden of
current expenses to future residents, industries or generations and will, there-
fore, explore ways of insuring that new development pays its own way by, among
other thingst requiring that new residential development pay for required
infrastructure.
Revised Aug., 1989
53

The existence of inadequate and substandard housing in the county can be
detected from several statistics. As Table 9.1 indicates, 11.4 percent of the
occupied housing in the county is lacking complete plumbing. This amounts to
some 350 dwelling units. This is considerably higher than the proportion of
such housing existing at the state level. As well, some 144 units, or 4.7% of
total year round occupied dwelling units contain more than 1 person per room,
the generally -accepted standard for overcrowded housing. While this is about
the same percentage that exists at the state level, this represents a
considerable number of dwelling units. An effective COBG Program has made a
significant impact on this problem but there is more to be done.
•
Revision 1987
53A

Chapter 9.0
Housing
The housing stock in any locality is an important component of the local
quality of life. Analysis of recent housing data indicates a number of impor-
tant facts about housing in Pamlico County, and raises a number of important
planning issues for consideration. Table 9.1 presents several crucial
statistics concerning the county's housing stock. The 1980 census of housing
indicates that 83% of the year round housing units in the county are owner
occupied.
The existence of inadequate and substandard housing in the county can be
detected from several statistics. As Table 9.1 indicates, 11.4 percent of the
occupied housing in thH county is lacking complete plumbing. This amounts to
some 350 dwelling units. This is considerably higher than the proportion of
such housing existing at the state level. As well, some 144 units, or 4.7% of
• total year round occupied dwelling units contain more than 1 person per room,
the generally -accepted standard for overcrowded housing. While this is about
the same percentage that exists at the state level, this represents a consid-
erable number of dwelling units. An ongoing C086 Program has made a
significant impact on this problem but there is more to be done.
Availability of local housing is often gauged by very low vacancy rates.
As Table 9.1 indicates, the vacancy rate for owner occupied housing is low, the
.vacancy rate for rental housing in the county is relatively high. This is some-
what surprising given the low number of rental units in the county. The value
of owner occupied units is exactly the same as the average for the state as a
whole, and the median contract rent is very similar to the state's as well.
The 1980 census confirms the existence of a fairly high percentage of
seasonal or vacation housing. Of the total housing units of 5,011 reported in
1980, some 906 or about 18% were found to be vacant, seasonal or migratory
(this excludes temporarily vacant units).
Revised Aug., 1989
54

Table 9.1
Characteristics of
Housing_in_Pamlico_County
Pamlico County
North Carolina
1980
1980
Total housing units
51011
2,274,737
Total occupied units
3,064
2,043,291
Median rooms (occupied housing)
5.3
5.2
LacKing complete plumbing
(for
exclusive use; occupied
housing)
11.4
4.1
Owner occupied
3,064
1,297,425
. With 1.01 or more persons
per
room (occupied)
4.7
4.5
Median value
36,000
36,000
Median contract rent
125
134
Vacancy rate - homeowner
1.0
1.5
Vacancy rate - rental
8.4
7.8
Source: 1980 Census of
Housing
55

Goal ___Housin9
It is the goal of Pamlico County to ensure that adequate levels of housing
exist for existing and future residents, and that this housing stock provide an
adequate diversity of price and type.
Policies - Housing
1. The county acknowledges that there are a significant number of
substandard housing units in the county, and will take whatever actions it can
in the future to facilitate the renovation and rehabilitation of the housing in
the future. This will include efforts to secure federal and state funds for
such rehabilitation.
2. The county will ensure that through its development regulations and
other local policies it provides for a range of housing choices.
3. The county will ensure that it does not discourage the construction of .
affordable forms of housing in the county.
4. The county will seek to prevent any incompatibilities between different
types of housing, and between housing and other types of land uses. For
example, adequate buffers will be required between residential and commercial
uses.
5. To the extent possible, the county will protect and enhance the
integrity of existing residential neighborhoods in the county.
6. The county will encourage and/or require future housing development to
adhere to innovative site designs which reduce the extent of their intrusion on
the county's natural environmental and natural resources (see other accompanying
chapters).
•
Revision 1987
55A

Goal -.Housing
It is the goal of Pamlico County to ensure that adequate affordable
ho!§inq_is_av_ailable for existing_and_future residents.
Policies ---Housing
1. The existing_low_density_rural_communities which are scattered through_
out_the County_arg_an_established_residential_pattern_in_Pamlico County. --This
RA11grn_will continue to be encouraged_by_the_County.__Howevert_the_County_will
not encourage__'new_-dev_e1opments_in_areas classified as conserv_ation._ This
will be implemented_through_policies_stated_in_the_ Protection_ of_ Natural_ and
Fragile_ Areas_ section.
2. All newly_de_veloping_subdi_yisions_will have to adhere to the standards
---------- -----------------------------------
of the Pamlico County_subdiv_ision regulations_
3.__ Because _ of_the_expanding_water_ser_vice_in_pre_viously_unserv_ed_areasl
and the increasing_potential_for additional residential growtht_it_may_become
necessary_to_dev_elop_aglitional_land development_controls such as zoning_to
ensure_orderly_and_well._managed_growth.
4. The County believes that dense development (three units peracreor
greater) should only take place in_the _limited transition classification where
both_adeguate_water_and-sewer facilities are_prov_ided.
Revised Nov., 1989
56

House; Jeptha Holton House; the Pamlico County Court House; the Reel House; and
the Smith House). Also idenitified are several important archaelogical sites,
including: the Paradise Shores HammocKs, the Middle Bay Site and the Vandemere
Site. A number of scenic pocosin and wetland areas are also identified in the
SCS survey.
Among the specific immediate goals outlined in the recreation plan are: the
preparation of an administrative manual; the identification of current
recreational resources; and the solicitation of private funds for recreation
projects. Among the short-range goals (three to five years) are the following:
the need to coordinate with schools for joint utilization of facilities; the
construction of a centralized recreation complex, and the utilization of water
resources. The need for a centralized recreation complex was addressed in 1984
with the purchase, with the aid of a Land and Water Conservation Fund matching
grant, of an 88-acre tract of land. When fully
0
Revision 1987
55A

Chapter 10.0
Recreation -and_Open_Space
-------------
Pamlico is a county rich in recreational and open space resources. To
address the recreational needs presented by future growth, the County's
Recreation Commission prepared a master plan for Parks and Recreation which was
adopted by the County in 1980. This plan establishes recreational goals for
the county, provides an inventory of existing facilities, and identifies immedi-
ate, intermediate and long-range facility needs. Among the general goals
enumerated in the 1980 Elan are the following:
1. Endorse the concept that recreation is a basic need in the life of
every individual.
2. Facilities and programs shall take full advantage of existing
resources.
3. The Department will cooperate fully with local advisory boards and
commissions, the Board of Education and with other concerned agencies
in its efforts to provide for the recreation needs of the residents of
the County.
4.: The ,quality of the recreation experience and its contribution to the
growth and development of the participant is of utmost concern.
5. The Department should coordinate efforts with other agencies in order
that a total recreation program may be offered to the citizens of
Pamlico County.
The 1980 recreation plan identifies a number of existing facilities in the
county. Among these are eight multi -purpose courts in eight different commun-
.ities (see Table 10.1) and tennis courts, a play lot and basketball court in
• Bayboro. A number of scenic and historic areas have been identified by the
Soil Conservation Service, including a number of historically -significant
" buildings (China Grove Plantation; Alonza Holton House; Jeptha Holton House;
the Pamlico County Court House; the Reel House; and the Smith House). Also
identified are several important archaeological sites, including: The Paradise
Shores Hammocks, the Middle Bay Site and the Vandemere Site. A number of
scenic pocosin and wetland areas are also identified in the SCS survey.
Archaelogical_surv_eys_to_date have been admittedly_inade9uate___As_funds
allowL_more_extensivv_e_surveys_should_be_made_
Among the specific immediate goals outlined in the recreation plan are:
the preparation of an administrative manual; the identification of current
recreational resources; and the solicitation of private funds for recreation
projects. Among the short-range goals (three to five years) are the follow-
ing: the need to coordinate with schools for joint utilization of facilities;
the construction of a centralized recreation complex, and the utilization of
water resources. The need for a centralized recreation complex was addressed
Revised Aug., 1989
57

Present public access areas to the waters surrounding Pamlico County is
very limited. At the present time the county does not own any public beaches
or other recreational areas adjacent to water. There are three wildlife
boating ramps in use and also a public ramp at Vandemere. The county policy is
to support and encourage the development of public facilities which will insure
every county resident with easily accessible access to the water. (1980 Land
Use Plan, p. 144).
•
0
Revision 1987
57A

in 1984 with the purchase of an 88-acre tract of land, with theaidof a Land
and Water Conservation Fund matching grant. When fully completed this facility
will include several ballfields, a track, a jogging trail, a nature trail, and
tennis courts, among other facilities. The facility is located on Ireland
Road, off Highway 55.
Table 10.1
Recreational Courtsites in Pamlico County
1. Lowland Tennis court, two stationary basketball goals -asphalt;
2. Hobucken Tennis court, one permanent basketball goal -asphalt;
3. Mesic Tennis court, one swing -around basketball goal;
4. Vandemere Tennis court, two permanent basketball goals -asphalt;
• 5. Oriental Tennis court;
6. Arapahoe Lighted tennis court and two basketball goals;
7. Reelsboro
Olympia Lighted tennis court, asphalt;
8. Multi -purpose courts built by the Pamlico County Board of Education with
six-foot fencing at the ends of two courts. Located at Pamlico County
Junior High School and made of concrete.
Source: 1980 Pamlico County Master Plan for Parks and Recreation
The need to obtain and develop water access identified in the recreational
plan is further supported in the 1980 Land Use Plan:
• Present public access areas to the waters surrounding Pamlico County
is very limited. At the present time the county does not own any public
beaches or other recreational areas adjacent to water. There are three
wildlife boating ramps in use and also a public ramp at Vandemere. The
County policy is to support and encourage the development of public facil-
ities with -adeguate-parking which will insure every county resident with
easily accessible access to the water. (1980 Land Use Plan, p. 144).
The plan also lays out a number of long term recreational goals for the
county (five to fifteen years). Among these are: the need for a joint county -
state park, the need for nature trails, the need for neighborhood park
facilities, and the continued solicitation of funds for recreational purposes.
Revised Aug., 1989
58

Policies -- -Recreation -and_Open_Space
--------------
1. To the extent possible, the county will seek to implement the goals
and objectives identified in the Master Plan for Parks and Recreation. More
specifically, and consistent with the plan, it will continue to develop its
88-acre centralized recreation facility, will seek to coordinate with county
schools for joint utilization of facilities, will continue to pursue the
concept of a joint county -state park, and will continue to encourage or develop
nature trails and neighborhood parks. The county will continue to obtain funds
and resources for recreation from the private sector.
2. The county acknowledges the critical importance of its natural open
space areas to the quality of life in the county and will do what is possible
to protect and preserve these areas. This policy has also been expressed in
other components of the plan.
3. The county should modify its subdivision ordinance to ensure that
future development projects incorporate and set aside sufficient open space.
This could be accomplished, for example, through clustering requirements. As
well, such developments should incorporate neighborhood recreational
facilities, such as tot lots and playgrounds, sufficient to serve neighborhood
needs. Future development should also be required to contribute to the
provision of larger, community -wide parks and open spaces.
4. Both the recreation master plan and the previous county land use plan
have identified access to the water as a critical and important recreational
resource for the county. In the future the county will work to expand water
access points (for boating, swimming, etc.). Future private development along
the water should also be required to incorporate, to the extent that this is
feasible, public access (or at least not foreclose opportunities for public
access). This policy is particularly applicable to larger projects and
developments.
5. The county supports the protection of its historically -significant •
buildings and archaeological resources.
Revision 1987
58A

Goal - Recreation_and_Open_Space
It is the goal of Pamlico County to expand open space and recreational
opportunities commensurate with future growth and development. The County will
ensure that such opportunities are of appropriate type, quality, quantity and
location so that all residents of the county are able to take advantage of
them. The County acknowledges, as well, the importance of these opportunities
for attracting tourists, and seasonal visitors, and it is the goal of the
County to accommodate these recreational needs as well.
Policies -- -Recreation -and_Open_Space
-----------------
1. To the extent possible, the County will seek to implement the goals
and objectives identified in the Master Plan for Parks and Recreation. More
specifically, and consistent with the plan, it will continue to develop its 88-
acre centralized recreation facility, will seek to coordinate with county
schools for joint utilization of facilities, will continue to pursue the con-
cept of a joint county -state park, and will continue to encourage or develop
nature trails and neighborhood parks. The County will continue to obtain funds
and resources for recreation from the private sector.
2_ The County should_encourage_future_dev_glopment projects
incorporate and set aside sufficient open space. This could be accomplished, .
for example, 'through clustering requirements. As well, such developments
should incorporate neighborhood recreational facilities, such as tot lots and
playgrounds, sufficient to serve neighborhood needs. Future development should
also be required to contribute to the provision of larger, community -wide parks
and open spaces.
3. Pamlico County_will_implement_the_following_shoreline access
-------------------------------
policies___Implementation_of these policies_is_discussed in detail in the 1987
-------- ------------------------------
Pamlic2_929niy_2toreline_Access_Plan_
a___Pamlico_County__recognizes_that_shoreline_access_facilities_will_not_ be
rev_enue_producing___Dev_elopmeni_should be undertaken with the clear under-
standing_that_the facilities will_b_e_a_perpetual_expense_The County_Mill
not_attempt_to_collect_user_fees_
b. The County_should_seeK_donations_of landL_or_grant_fundst_in_order to
obtain sites
------------suitable for-developmeni_as-a-beach-access-or-s-wim-
------------ ----m-
g
d. Pamlico Co_unty_could_pursue_obtaining_authority_to_establish an
accommodations tax. This would be_a legitimate_ source of_access_funding
because tourists wilt benefit from the establishment of access areas.
-
e. Pamlico County_should_inv_estigate_and_utilizeL_when_feasibleL_All
---------------- ----
available means_ of_acguiring_shoreline_access sites_ before_purchase_of a
------------ ---- ----- ----
Site is considered.
-------------------
f. Pamlico County_will_utilize all available funding_sources_to acguire
shoreline -access -sites.
- ---------------------
Revised Nov., 1989
59

•
.4_ The County supports the protection of its historically -significant
buildings and archaeological resources. Pamlico_ County_ supports_ the state
clearinghouse_review_process_and_will_implement_comments received for the
----- ------------------------
preserv_ation of by
state
------------------
state_and_ federally_funded_protects_
S. The County_recegnizes_the_importance_of_ the military_ to the national
---------- ------
security_and_also_ to the local_economy_but_also_recognizes_the_importance_of
------------------- ---- ----
recreational_ and agricultural activities to the overall_guality_of_life _in
------------ ---------------------------
------o County_in_the_long_term_--- ther----- _it_is_the_policy_of_the County
---------- ------------ -Count
that military_activity_in_ and _around _the _County_ be consistent_ with_the_policies
of_this_plan_to_the_maxi------tent_f------e_
Revised Nov., 1989
60

At the present time there are 230 miles of line carrying an average of
16,400,000 gallons per month, which is estimated to be approximately 40 percent
of the total capacity of the system. The county draws water from Castle Hayne
aquifer which exhibits very little draw down at the county's wells.
Approximately 80 percent of the county residents are on the water system and
others are adjacent to the lines, but are not hooked into the system. There are
three pump sites located in the county (Bayboro, Grantsboro, and Vandemere) with •
two wells at each of these sites. An elevated tank was constructed at Lowland
as a safeguard to protect against a water shortage in the event that the water
line running across the intracoastal waterway to Goose Creek Island is damaged.
•
Revision 1987
60A

Chapter 11.0
Public Facilities-
-----------------------
Water_Sueely_And_Service
Three aquifers currently supply the water needs of the county (CRC, Ltd
1984b). The deepest and most extensively used of the three is the Castle Hayne
aquifer. Varying in thickness from 200-400 feet and buried at depths ranging
from 80 feet in the western part of the county to over 350 feet in the north-
east, the aquifer is composed of shell limestone and beds of calcareous sand.
It is highly productive: domestic wells easily yield 20-50 or more gallons per
minute, and large diameter commercial wells produce several hundred gallons per
minute with very little breakdown.
Above the Castle Hayne lies the Yorktown aquifer, containing interbedded
layers of sand, shell, and clay. The sand and shell beds yield moderate quant-
• sties of water, and smell diameter wells can generally provide a supply ade-
quate for domestic use. Above this, in the western part of the county, the
unconfined or water table aquifer provides an adequate source of water to
shallow wells.
The quality of water in the Castle Hayne and Yorktown aquifers is similar;
it is characteristically hard and alkaline and may contain significant iron.
Chloride content is for the most part low, but in the eastern part of the
county residual salt water or contamination from brackish surface waters may
result in high chloride levels. Hydrogen sulfide may also occur in the Castle
Hayne in this area. {later quality in the unconfined aquifer, on the other
hand, is generally soft and free of odor, though often with a high iron con-
tent. Chloride contamination is very low in inland areas but higher along the
coast.
The County presently operates a public water system. County water lines
have been laid along many of the roads that run through the county (see Diagram
• 11.1). Current development patterns correlate with this system which further
illustrates the trend of growth in the area.
At the present time there are 230 miles of line carrying an average of
16,400,000 gallons per month, which is estimated to be approximately 40 percent
of the total capacity of the system. The County draws water from Castle Hayne
aquifer which exhibits very little draw down at the county's wells. Approxi-
mately 80 percent of the county residents are on the water system and others
are adjacent to the lines, but are not hooked into the system. There are three
pump sites located in the county (Bayboro, Grantsboro, and Vandemere) with two
wells at each of these sites and the C_ounty_has_recentlY_purchased the _Town _of
Minnesott's_system _and_eume_site_ An elevated tank was constructed at Lowland
as a safeguard to protect against a water shortage in the event that the water
line running across the Intracoastal waterway to Goose Creek Island is damaged.
Revised Aug., 1989
61

In addition to the county system, municipal systems are also operated by the
Towns of Oriental (about 400 connections) and Minnesott Beach (about 150
connections).
•
Revision 1987
61A

Any_future_extensions to the county_water_system_are_likely_to_depend_ on
-------------------- the availability_of_grant_money_from_the_State or the FHA. The addition of
--------labil -----------------------------
feeder lines to the _system_would_bring_approximately_100_more residents on the
------------------- -----------------
syst emt_but_this_wou-d cost around-50L000_
---------------------
In addition to the county system, a municipal_system_is_also_operated_by
the -Town -of -Oriental.
------------------
Wastewater -Disposal
Public sewerage has been recognized as a major problem since 1969. It has
already been indicated that the suitability of soils in the county to accommo-
date septic tank use is low, and that the need for some form of public sewerage
system is great. While most areas in the county are unsuited for septic tanks,
this has been the primary sewage disposal technique. The County Health Depart-
ment has granted septic tank permits on a conditional basis instead of imposing
a total moratorium on new building.
• A recent survey of septic tank performance conducted by the Department of
Human Resources, Shellfish Sanitation unit, in conjunction with the Pamlico
County Health Department included a majority of the area within the BRMSD (Bay
River Metropolitan Sewerage District; see below). The study was conducted
during the drier, low water table period of the year; yet, 356,citations were
issued for improperly operating septic tanks.
The number of existing malfunctioning septic tank systems and the
extensive preparations required to allow development of marginal new
systems clearly indicate the need for a central sewer system (p. 3-3).
Although a central sewerage system does not currently exist in the county,
several wastewater collection or treatment plants are in use. Three public
facilities with such systems in use are: Pamlico County Courthouse Square
(package treatment plant); Pamlico County High School (sewage lagoon); Pamlico
• County Junior High School (sewage lagoon). At least two of these three systems
have been reported to be in. violation of the discharge limits established under
their NPDES permits. Two seafood processing plants in the county -- 6askill
Seafood Company, Inc. of Bayboro and Pamlico Packing Company of Vandemere --
also hold NPDES discharge permits. These plants (only requiring screening) are
apparently meeting the limitations of their permits.
Revised Nov., 1989
62

A 201 wastewater facilities planning study was completed for the county in
1979. This study, required for local eligibility for federal grant funds,
considered several alternative wastewater treatment and collection facilities
(see Moore, Gardner and Associates, Inc., 1979b). This study concluded that the
most appropriate facility was a centralized land treatment system serving all
municipalities plus unincorporated areas. The proposed system would be regional
in nature and would serve all of Alliance, Bayboro, Mesic, Stonewall, Vandemere
and portions of the county (see Diagram 11.2). Treatment capacity would be .2
million gallons per day (GPD), with a land treatment facility to be located
northwest of Bayboro (Moore, Gardner and Associates, 1979a). Prior to the
completion of 201 study, the Bay River Metropolitan Sewerage District was
created as a legal entity.
•
s
Revision 1987
62A

A_201_ wastewater _facilities _planning_study_was_completed_for_the_Town_of
Bayboro_in_1979_This_---dyt_reguired_for_ local _eligibility_for_federal_grant
fundst_considered_several alternative wastewater treatment and collection facil-
--------------------------------------------------------------
ities jsee_Mooret_Gardner_and Associatest_Inc_1_1979b1__ _This study_concluded
that_the_most _appropriate_facility_was_a_centralized_land treatment system
serv_ing_all_municipalities_ plus_ unincorporated_areas. The proposed_system
---
M2919 be------al_in-nature-and-would-serve-all-of All iancel_Bayborot_Mesicl
Stonewallt_Vandemere_and-portions of the county_jsee_Diagram_11_2T___Treatment
capacity_would_be_.2 million gallons_per_day_j6PD�t_with_a_la-d treatment
-----------------------
fH!!7H-y_to_be_located ►)i)rthwest of_Bayboro_Lt22[gL_G_ardner_and Associates,
------------•------------------------
1979a1___Prior _to the_cemeletion_of_201_studyt_the_Bay_River_Metropolitan
Sewerage_District_was crNated as a legal_entityIn_the intervening_years
because _of_funding_and_c;�stst_the_plan_has_been_ revised__using_the_lagoon_con_
Sept_with_treated_water_from_the system_being_discharged_into_the_middle of the
-----------------
Bay_Riv_er_south of Swans Point. The lagoon_ will cover some 17 acres on the 45
acre site.
--------------------- ---------------------------
•
•
Revised Aug., 1989
63

•
PAML{CO COUNTY
COUNTY WATERSYSTEM
Approximate area
served by county
water lines
C / I
� • '. ram. c... /�
N.<.
Diagram 11.1

ENLARGED AREA
is •
BAY RIVER METROPOLITAN
SEWERAGE DISTRICT
Diagram 11.2

9. The future existence of a public sewerage system in the northern
portion of the county has substantial implication for future growth management.
Because these will be the areas which will be best able to accommodate future
growth, with the least amount of environmental degradation, higher densities of
growth should be designated to occur here. Zoning and other regulatory measures
should be modified to funnel future development to these areas, and away from
non -serviced and more environmentally -sensitive areas of the county.
10. Within the sewerage district, priority should be given to permitting
and/or encouraging future growth increase contiguous with existing towns and
settlements (i.e., Bayboro, Alliance, Stonewall).
•
•
Revision 1987
65B

A follow-up study completed in October of 1979 provided a detailed
examination of the financial feasibility of the proposed system. Total project
costs were estimated then to be $5,888,300, of which $3,031,200 was expected to
be covered through grants from EPA. It was also predicted that the county would
be eligible for additional funds from the Farmers Home Administration and State
Clean Water Bonds. The local share of the project could be financed through the
issuance of bonds.
1. The county recognizes the negative environmental and public health
reports of heavy reliance on septic tanks and places a high priority on the
establishment of central sewerage system in the county. It will take all future
actions necessary to bring about this system, including the funding and other
recommendations contained in the sewerage feasibility studies.
2. Until such time as a central public sewerage system is available, and
in areas where service from this system would not extend, the county should
encourage the use of package treatment plants.
•
3. The county should take all actions possible to ensure that existing
collection and treatment systems operate within their permitted effluent
discharge levels.
4. The county should take whatever actions are necessary to ensure that
septic tank failures are corrected and damage to water quality is minimized
(e.g., Chapter 3.0 also).
5. The county will make appropriate improvements and extensions of the
local water systems commensurate with future levels of growth and development.
6. To the extent possible, the county will finance future sewer and water
improvements, and other public services and facilities according to the benefit
standard. This standard suggests that those individuals who most benefit from
such services and facilities ought to bear the greatest proportion of the costs.
7. The county will prepare, and periodically update a capital improvements
program.
8. In future decisions concerning the extension of public services and
facilities, such as sewer and water service, the county will carefully consider
the impacts of these decisions on other local goals and objectives. Public
sewer service, for instance, may encourage inappropriately heavy growth in
sensitive environmental areas in the county (see Chapters 3.0 and 7.0 in
particular).
Revision 1987
65A

A follow-up study completed in October of 1979, provided a detailed exam-
ination of the financial feasibility of the proposed system. Total project
costs were estimated then to be $5,888,200, of which $3,031,200 was expected to
be covered through grants from EPA. The - estimated_ cost_ ----
in 1986 was revised to
----------- ----------------
be S8L049L000_ It was also predicted that the County would be eligible for
additional funds from the Farmers Home Administration and State Clean Water
Bonds. The local share of the project could be financed through the issuance
of bonds.
The sewerage project was approved by the Pamlico County voters in a
referendum in September of 1986.
Goal---Public-Facilities-and-Services
It is the goal of Pamlico County to provide its residents with adequate
levels of essential public services and facilities. These facilities and
services will be provided in a cost-efficient manner and will be provided at
levels commensurate with growth and development in the county.
Policies---Public-Facilities-and-Services
----------------------------------
1_Pamlico County_supports_the_construction of a central water system_and
central sewer system_ in all areas_ classified_ as comm nityt_limited_----- ---D
tio
and -rural -with -services. -
2. Until such time as a central public sewerage system is available, and
in areas where service from this system would not extend, the County should
encourage the use of innov_ativ_e and_alterr►ative_sewage_systems_
3. The County should taKe all actions possible to ensure that existing
collection and treatment systems operate within their permitted effluent
discharge levels.
4__Pamlico_County_will_support_the_actions_of_the_Pamlico_County
Sanitiaran to accomplish_correction_of septic_tank failures_
S. Pamlico -County_supportconstruction -
m
of_a_county_wide_water_syste_
----------------s_------
6. To the extent_possibleL_the_County_will_finance_future_sewer_and_water
improvementst_and_other_pubtic_serv_ices and _facilities _------ing_to_the_b----it
--
standard. This standard su99ests_that_thoss_indiv_iduals_who_most_benef_it_from
such services_and_facilities ought_to_bear_the_greatest_proportion_of_the
-------------------
costs_
7___The_County_will_preparet_and_periodically_updatet_a_capital
improv_ements_program.
Revised Aug., 1989
66

While future growth and development can offer many benefits, including
employment and increases in the local tax base, it can also serve to undermine
these unique visual resources of the county. Future growth and development in
the county can occur, however, in ways which minimize the destruction of the
natural beauty of the county. The county can, for example, require future
developments to protect, through clustering and innovative site designs, large
amounts of land in open space and undeveloped uses. The visual integrity of the
shoreline can be protected by requiring homes to be setbacK from the water to
such a distance that they are visually unintrusive. Heavy use of vegetative
buffers can minimize visual intrusion as well. There are, then, a host of
zoning and site design provisions the county can adopt to ensure that the
destruction of visual resources in the county is minimized.
In addition to the loss of natural beauty that development often
precipitates, the manmade environment is often itself visually unattractive.
The county should taKe steps, for example, to ensure that the height and scale
of future building are consistent with the existing rural and small town •
environment. The fact that historically much of the development in the county
has occurred along its primary roads and thoroughfares may raise an additional
set of visual problems. Strip commercial development can occur, creating a
visual mess of signs, lights, logos and automobile congestion. Through careful
control of development along the county's thoroughfares, this type of visual
intrusion can be avoided.
0
Revision 1987
66A

Chapter 12.0
Protection of Aesthetic -and -Visual -Resources
-----------------------------------------
Pamlico is a rural, undeveloped county containing numerous aesthetic
resources. Among them are its river and sound shorelines, its visual access to
water, its wetlands and forestland, its farmland and open fields, and its wild-
life. Residents of Pamlico County value the beauty and serenity of the
landscape and should sees': ways to protect these resources.
While future growth and development can offer many benefits, including
employment and increases in the local tax base, it can also serve to undermine
these unique visual resources of the county. Future growth and development in
the county can occur, hop+ever, in ways which minimize the destruction of the
natural beauty of the cot+nty. The County can, for example, require future
developments to protect, through clustering and innovative site designs, seeci_
fied amounts of land in open space and undeveloped uses. The visual integrity
of the shoreline can be protected by requiring homes to be setback from the
water to such a distance that they are visually unintrusive. Heavy use of
vegetative buffers can minimize visual intrusion as well. While there are,
then, a host of zoning and site design provisions the County can adopt to
ensure that the destruction of visual resources in the county is minimized,
the current lack_of_coun'y_wide_zoning_effectiv_ely_eliminates the available
--------------- -------------------
tools_to_regulate__nd rr;_te4t_the aesthetic environment.
In addition to the loss of natural beauty that development often
precipitates, the manmadc: environment is often itself visually unattractive.
The County should take steps, for example, to ensure that the height and scale
of future buildings are u:onsistent with the existing rural and small town
environment. The fact that historically much of the development in the county
has occurred along its primary roads and thoroughfares may raise an additional
set of visual problems. Strip commercial development has occurred, creating
a visual mess of signs, lights, logos and automobile congestion. Through
careful control of development along the county's thoroughfares, this type of
visual intrusion should be discouraged.
There are a number of architectural, archaeological, and historic
resources in the county that are important not only for their intrinsic value
but also for their support to the general quality of life in the county. This
can also contribute greatly to the value of the county as a resort area. An
architectural inventory was done in the late 1970s that should be useful for a
number of planning purposes, historic preservation efforts, historic tours,
tourism, etc.
Revised Aug., 1989
67

1. The county will modify its zoning and other development controls in
order to encourage future project designs which are sensitive to their visual
impact. Future development should be encouraged or required, through site
design and other public review processes, to minimize their impacts on the
scenic and visual environs.
3. The county will consider the imposition of a building height limitation
on future growth. The county will prohibit the construction of buildings whose
scale is not consistent with the county's rural and small town atmosphere.
s
•
Revision 1987
67A

Goal - Protection of Aesthetic and Visual -Resources
The County recognizes the importance of its visual and aesthetic resources
and it is the goal of the county to protect the natural beauty and the present
high scenic quality of the environs. Future growth and development in the
county should not be achieved at the sacrifice of these important local
qualities.
Policies - Protection -of -Aesthetic -and Visual -Resources
------------------------------------------ ------
The_policies_ stated_ in this section should be further defined and
enforced through_specific_land_regulatory_controls_ such_asz_but_not_limited_tot
z21!in9t_subdivv_isiont_2nd_si.gn_2rdinances_
1. The County should modify its zoning and other development controls
in order to encourage future project designs which are sensitive to their
visual impact. Future development should be encouraged or required, through
site design and other public review processes, to minimize their impacts on the
scenic and visual environs.
2. The County will consider the need to regulate and manage the location,
size and design of signs. The__County_will_prepare_and_adopt_a_county_sign
ordinance.
3. The County will consider the imposition of a building height
limitation on future growth. The County will prohibit the construction of
buildings whose scale is not consistent with the county's rural and small town
atmosphere and ability_of_local_fire-and -rescue_capabilities_to_provide
-------------
adeguate_protection_
4. The County will manage the location, intensity and design of future
commercial growth to minimize the visual clutter which typically results from
strip commercial development. The County will modify its zoning regulations to
• prevent this type of commercial development.
S. The County will encourage or require future development to incorporate
landscaping and vegetation which increases the visual attractiveness of future
development. The County will review its existing zoning regulations and site
design criteria with these needs in mind.
6. The County will discourage major alterations of the natural
environment, such as the loss of trees, during future land development. This
shall_not_apply_to_bona_fide_farming_or_forestry_2Rtrationst_following_best
management_practices_Ssee_Appendix_ll_and the Forestry_Best_Management
Practices -Manual, 1989L_North_Carolina -Division -of -Forest -Resources)_
-----------------------------------------
7. Future development should be managed to maintain the public's visual
access to the water. The ability of residents and visitors to see the water is
an important visual resource that must be protected.
8. The County recognizes the importance of wetlands, forestlands, and
farmlands to the visual integrity of the area and will seek to minimize the
impacts of future growth on these resources.
Revised Nov., 1989
68

40
9. Future development should be encouraged to provide visual buffers
which minimize their visual intrusion on the community. Visual buffers are
particularly important along major roads and thoroughfares in the county.
This shall not app1Y_to_bona_fide faming_or_forestry_opgrations
---------------- -- r
---- -following
--------
best
-----------m---a-n-ag-em--e-n-t_-practices_jsee_8ppendix_II --a-n-d --t-h-e --F-o-r-e-s-
try_Best_M-
astn_agement
Practices_Manualt_1989tP1orthCarolina Division of Forest Resource
__-----------_---------
10.
The County recognizes the importance of protecting the visual
integrity of the county's river and sound shoreline, as seen by boaters and
other water users. Development along the shoreline will be regulated and
designed so as to minimize its interference with this visual perspective.
11. The Count; recognizes the importance of architectural, archaeological
and historic resources within the county and encourages their preservation.
12. The County will encourage all future development, especially large
scale development, to carefully consider the architectural, aesthetic and
archaeological resources of the development site and the vicinity and to
preserve those resources to the maximum extent feasible. The County also
strongly encourages all developers and builders in the county to consult with
appropriate local, state and federal agencies and associations in determining
the location and value of these resources.
Revised Nov., 1989
69

1. Transition
Transition areas designate areas within the county where future growth and
development is likely or desirable. Several different transition
classifications are designated, indicating different levels of public services
and permissible development intensity.
(a) Transition I. Lands designated as Transition I are those areas where
the most intense future development in the county will be encouraged. As land
classification maps indicate, these areas located within the Bayboro Sewerage
District are expected to receive public sewer service in the near future.
Moreover, these are areas which are contiguous to existing towns and development
nodes. It is the county's policy to encourage relatively intense development in
a compact and contiguous manner. Should public sewer service for some reason
not become available to these areas, these lands would be reclassified as
Transition III (see below). Transition I areas hold the highest priority for
future development in the county. The county should encourage, to the extent
possible, these areas to be developed before the other transition areas.
(b) Transition - II. These are areas also within the Bayboro Sewerage
District and are expected to receive public sewer service in the near future.
They, however, are located along the major transportation route, and not
directly contiguous to existing towns and development centers. While it is the
county's policy to encourage future development in such areas, the intensity of
this development in non-contiguous areas should be considerably lower. As with
Transition I areas, should sewer service not become available, these lands would
be reclassified as Transition III (see below).
(c) Transition III. These are areas which are contiguous to existing
towns and development centers, but which will not receive public sewer service
in the near future. Because development in these areas must rely upon septic
tanks the permissible development here will be lower than for the previous two
transition categories. Because of the availability of public sewer in
Transition Areas I and II, the county places lower priority on future growth and
development in Transition III areas. Should public sewer service be extended at
some future date to areas designated as Transition III in this plan, such areas
would be reclassified as Transition I, and treated accordingly.
Revision 1987
b9A

Chapter 13.0
Land Classification -System
-------------------
This chapter presents the land classification system and maps for Pamlico
County. The land classification system permits the county to attach the
specific goals and policies developed in the previous chapters to particular
geographical areas in the county. The land Classification maps permit the
county to designate areas where future development should be encouraged,
natural areas which should be protected and conserved, and areas where only
agricultural and other less intensive uses should be permitted. The land
classification system is at once a way to implement goals and policies, and a
proposed land use design which must itself be implemented by thorough
subsequent land use, capital facility and other decisions of the county.
The land classification system and maps for Pamlico County uses several
classification areas. These are described below and delineated on the land
classification map.
Conservation -I:
--------------
This is_a_permanent conservation zone located within seventy_fiv_e_il5I
feet_of the mean high_water_level-for_all-shorelines_bordering_primary_nursery
areas-and-estuarine-waters.--All-construction-activities will be_prohibited in
this zoneL_excgpt_for_shoreline stabilization activities a�Zstructures allowed
under CAMA_permitting_requirementsL_marinast_piers_and_other_structures
providing_water_accessL_clearing_of_vegetations_boat_rampst_paving_for _ access
parking_which_complies_with_the_estuarine -shoreline -use -standards -as -
specificed
--------------------------------
in_15 NCAC 7H.0206_lrefer_to_Appendix_ITL_farming_activ_ities_following_best
management_practices_as_defined_in_Appendix_IIL_and_forestry_activ_ities
following management_practices_as_defined in the Forestry_Best_Management
---- ---------------
Practices Manualt_19892-North Carolina Division of Forest Resources___ This
policy_shall_apely_to_land_subdivided _after _#his_plan_is_approved_by_the
• Coastal Resources Commission regardless_of_useL_and_all_lots_elatted_or
-------------------------------
subdivided prior_to_approv_al_by_the_Coastal Resources Commission which are used
----------- --------------------------------------
for any_non_single_family_residential_purpose_
Conservation II:
The -purpose_of_the -Conservation -II -class -o_prove_or-
is_t_idfthe -effective
------------------------------------
long_term_managemeni_and_protection_ of_significantL_limitedL_or_irreplaceable
areas. --Management_of -these -areas-is -needed -becuse -they_hav_e_naturalL
cs_or_natural_produciiv
---------- ----------------------a------- ----
culturalt_recreational,_sceni_e values which are of
-------- --------------------
1oca1 stateL_or_national concern. The conservation class - in Pamlico County_is
applied_to all wetlands which are subject_ to_ state and federal laws. Very
limited development_shall_occur_in_these_areas_ Only_development_which_does
---n-o-----t -----a----1--te---------- -t----h-e--- ---- -u-----n---i-g---u-e- -_-c---ha-r-a-c-t-e-r-s ---o--f-----t-h--e--s--e-----a--r-e--a--
s--
w--i-l-1 --be--a--l-lo-w-e-d-
-t-_a-n-d-_-o-n-
1y_
when
consistent-with-federalL_stateL_And_local-regulations_--De-sity_shall_not
exceed-one-dwelling_unit_per_two_ac--s--_LR2fer_to_Appendix_I_fo-r state
guidelines -for -Areas -of -Environmental Concern.l
Revised
70

2. Conservation
The conservation classification is intended to identify sensitive and
irreplaceable natural areas that require protection from future growth and
development. These are areas which should be preserved, where possible, in
their undeveloped state, and should not be classified as transition in the
future. Several different conservation areas have been designated for Pamlico
County, representing different aspects of the natural environment to be
protected.
(a) Conserv_ation_I -- Primary Nursery Areas
These are lands along the Bay River, Neuse River, and Pamlico Sound which
are critical nursery areas for fish and shellfish and important habitats for
waterfowl and other wildlife species.
(b) Conserv_ation_II -- Important Natural Areas
This classification is used to designate important natural areas identified
by the PeacocK and Lynch Study. These areas include hardwood flats, sand
ridges and pocosins (see Chapter 3.0) and encompass important natural habitats
which support rare and significant plant and/or animal species.
(c) Conserv_ation_III -- General
This classification includes all additional conservation areas in the
county not included in categories I and II. Included are sensitive estuarine
and shoreline areas, and lands adjacent to important creeKs and tributaries.
This category incorporates areas designated as conservation by the county's
1980 land use plan.
3. Rural
All remaining lands in the county are designated as rural. These are areas •
which are principally used for agriculture, forest management, mineral
extraction and other non -urban uses. It is the objective of the county to
protect these resource areas from intensive development pressures. While small
amounts of future development will be permitted in these areas, this
development will be of very low intensity and should generally be related to
the resource base and compatible with existing land uses in these areas.
Significant urban growth and development should be directed, to the extent
possible, to designated transition zones. Public sewers will not be extended
into the rural area. Water lines will be extended, by and large, only to
alleviate existing problems but not to encourage development in the rural area.
Revision 1987
70A

Rural -With -Services
-----------------
The rural with services classification willprov_ide_for_v_ery_low_density
--------------------------------------------
land uses,_including_residential,_where_limited water_services are prov_ided_in
order toavert an exist' ng_or_protected_healtli_eroblem___Central-sewer service
may_b__e_Qrov_ided___Dev_elopment_should_be_low intensity_in_order_to_maintain_a
rural character. Areas in this classification are appropriate_for__very_low
intensity_ residential_areas___Priv_ate_wells_and_seetic_-tanKs
-----may_exist,_but
most development_will_be_suPeorted_by_a_closed _water system.__When_lots_are
-- -- - -
classified rural with services and they_are_also_waterfront properties, -minimum
-------------------------------------- -------
lot size shall be one acreor_larger_with_a_minimum of_sev_enty_fiv_e_il5l_linear
ge,_
feet -- water fronta_prov_ided_that_the_av_erage_water_frontage_of_all_lots
within a subdivision shall be -a ----
minimum of one hundred ---f1001_linear feet or
------------------------------------------------------------
more. Rural with _serv_ices non -waterfront lots shall be 1/2 acre or larger_in
-------------------------------------------------------
size. Subdivision and_p-atted_lots used for single_family_residential_purposes
in_existence_erior_to_the_adoption_of_this_plan_are_exempt_from_the _rual_with
serv_ices_d_ensity_reguirement_
Limited_Trans"ition
The limited transition classification _prov_ides_for _dev_elopment_in_areas
that will have municipal_serices_Provided_to_relativ_ely_low_----ity_dev_eloQ_
v
ment. Services may_include_water and sewer systems,_police_and fire protec_
-------------------------------- ------
tion,_street_lights,_and_limited storm drainage_systems___Dev_elopment_will_be
-------------------
predominately_residential with av_erage_densities of -three -units -or -less -per
acre. Clustering_ or_v_ deelopment_associated_with_planned_unit_dev_elopments_eRy
be_appropriate_in this classification. This classification_is_necessary_t2
accommodate_growth_and_dev_elopmeni-occurring_in_a_narrow_corridor_along_N_C_
304_from_Bayboro_east_to_the_Mesic_corporate_limits-
-- --- -- - - - - -- - - -
Community
TheThe -community includes areas presently_dev_eloped_at_low
_co------ -------------------------
densities=that_are_suitable_for_priv_ate_septic_tank_use___These_areas_are
clustered residential and%or commercial land uses which_prov_ide both_low
intensity_shopping_and_hos3ng_opportunities___Limited_municipal_serv_
uices_such
as fire_protection and_community_water_may_be_provided_ in these_ areas___ Central
sewer_systems_may_be_prov_ided_to_correct_existing_or_protected_health_problems_
Policies---Land-Classification-System
------------------------
1. The Limited Transition class is considered_ acceptable_ for multi -family
---------------------------------------------- I multi-family
where water and sewer services -are -provided . Low density
------------------------------------------
commercial_is_also_acceQtable_
2. -Low -density_commercial_is -acceptable_in_Rural_with -Services.
----------------------------
Revised Nov., 1989
71

10
3. Farmingt_forestry_and_land_application_of_sewer would be allowed in
---------- -------------------------
accordance with best management_practices_in_previously_altered_pocosins_where
----------------------- -----
n ecessary_state_and federal -permits_hav_e been obtaidAppendix_ II_ and
------------------------ ne___fS-ee -- -
the Forestry_Best_Managemgnt_Practices Manualt_1909t_North_Carolina Division of
Forest -Resourcest_for_farming_and_agriculture_best_management_practices_2
------------- ----
Previously_altered_pocosins are considered to be those which have been altered
--------- ---------------------------------------------------
from their natural ----- by_drainaget_fillt_agricultural_and/or active forestry
------------------------- -------------
usage,
Revised Nov., 1989
72

�s
fry
i
• \ Y , w
n� • + e j
it n'• : -`.. ����..'%•� -.• • ��• �_•� •'r ��•��»�'• 2�.
' �� _ _^!�. .. .- : _.'!� :. S - - • .r �_�.n. �'• t.•' f� War
0
400
/ J I! �� _ .: •_ f-^� •mow • _ -`,®- ••r.r �..
LAND CLASSIFICATION MAP
PAR-ICO COUNTY
NORTH CAROLINA
REVISED: AUGUST 1989
nu
MESIC CORPORATE LIMIT IS
APPROXIMATE LOCATION
NOTES:
1) ALL AREAS LYING 0-15' LANDWARD OF
THE MEAN HIGH WATER LEVEL OF
ESTUARINE WATERS ARE CLASSIFIED AS
CONSERVATION I LANDS. BECAUSE OF
MAP SCALE, THESE AREAS CANNOT BE
ACCURATELY NAPPED. PRECISE
LOCATIONS MUST, BE DETI7ULINED IN
THE FIELD.
2) EXCEPT FOR THE CONSERVATION AREA
DEFINED IN NOTE 1, CONSERVATION II
AREAS INDICATED ON THE MAP THAT
ARE SUBJECT TO CANA PERMIT JURIS-
DICTION ARE INTENDED TO INCLUDE
COASTAL WETLAND AREAS. THIS IS
`NOT INTENDED TO ELIMINATE THE
DESIGNATION OF SOME POCOSINS AS
CONSERVATION II AREAS. THE
COASTAL WETLAND AREAS ARE DEFINED
BY NCAC IN.0205 AS ANY SALT MARSH
OR OTHER MARSH. SUBJECT TO. REGULAR
OR OCCASIONAL FLOODING BY TIDES,
INCLUDING WIND TIDES (WHETHER OR
NOT THE TIDE WATERS REACH THE
MARSHLAND ARM THROUGH NATURAL OR
ARTIFICIAL WATER COURSES), PRO-
VIDED THIS SHALL NOT INCLUDE
HURRICANE OR TROPICAL STORM TIDES.
PRECISE LOCATIONS OF ALL CONSER-
VATION II AREAS MUST BE DETERMINED
IN THE FIELD.
3) THE BOUNDARY FOR THE COMMUNITY
CLASSIFIED AREA OF GRANTSBORO IS
DEFINED BY A RADIUS OF B MIL.E
(2,64C FT.) DRAWN AROUND THE
INTERSECTION OF N.C. 306 AND
N.C. 55. THE BOUNDARY FOR THE
COMMUNITY CLASSIFIED AREA OF
REELSBORO IS DEFINED BY LINES
LYING A MILE (2,640 FT.) NORTH P=
SOUTH OF AND PARALLELING .THE
N.C. 55 CENTERLINE AND EXTENDING
FROM THE INTERSECTION OF N.C. 55
AND S.R. 1005 TO DRUM CREEK.
4) THE PAMLICO COUNTY LAND USE PLAN
AND LAND CLASSIFICATION MAP DO NOT
HAVE ANY JURISDICTION WITHIN
INCORPORATED AREAS HAVING THEIR
OWN LAND USE PLANS.
51 ALI. WATERS OF PAMLICO COUNTY ARE
CLASSIFIED AS ESTUARINE WATERS AS
DESCRIBED BY 15 NCAC 7H.0206 (SEE
APPENDIX II), OR PUBLIC TRUST
AREAS AS DESCRIBED BY 15 NCAC
7H.0201 (SEE APPENDIX 11). ALL
DEVELOPMENT SHALL BE CONSISTENT
WITH THE USE STANDARDS CONTAINED
IN 15 NCAC 711.0206 and .0207.
LEGEND
CONSERVATION I SEE.NOTE I
CONSERVATION II '_7-79
RURAL WITH SERVICES
LIMITED TRANSITION
COMMUNITY
PAVED STREETS
UNPAVED STREETS • ••
WATER AREAS: SEE NOTE 5

Chapter 14.0
Implementation
It is recognized that a great many of the policies enunciated elsewhere in
this plan lack specific implementation and enforcement provisions. The primary
reason for this is that this is a plan, a plan that is like a road map, which
sets out the direction in which one must travel in order to reach a desired
destination. It does not, however, select the means for getting there, how
long it will take, how much it will cost, etc. This is the next step and will
require careful study.
The second reason ;hat this plan does not go very far in proposing
implementation and enforcement measures is that, like most of coastal North
Carolina, the citizens, voters, and taxpayers of Pamlico County are reluctant
to adopt policies which they perceive as having even the potential for infring-
ing on their freedom. Thus, many implementation measures will have to be
• carefully considered and drawn if they are to succeed.
But the County also recognizes that without some guidance, future
development may likely destroy the very quality of life that now exists in
Pamlico County and is treasured by its residents. It is also recognized that
large scale development and small scale development have different impacts and
can, therefore, be dealt with differently.
The County will seeK the assistance of the Coastal Resources Commission in
exploring the feasibility of formulating a land development policy that would:
1. guide development in a way to achieve many, if not all, of the
policies of this plan;
2. impose only minimal guidance measures on small scale development
which will have little impact; but will
• 3. impose more extensive guidance measures on large scale
development which will have a substantial impact.
74

•
•
Chapter 15.0
Public_ Participation
The formulation of this Amendment to the Land Use Plan of 1987 took place
during 17 meetings of an appointed committee consisting of citizens interested
In providing a workable document to shape the future of development in Pamlico
County. All meetings were open to the public.
75

Chapter 16.0
References
BaricK, FranK B. and T. Stuart Critcher. 1975. Wildlife and Land Use
------------- --------
Planning. Raleigh: N.C. Wildlife Resources Commission, April.
Coastal Resources Collaborative, Ltd. 1984a. The Environmental Impacts_of
---------------- -
Agriculture and Forestry_An Amendment to - the - Land - Use- Plan -of -Pamlico
----------- ------------------------------
Countyi_N_C.. Chapel - Hill, N.C.: CRC, Ltd.
Coastal Resources Collaboratives, Ltd. 1984b. Large-ScaleResidential
Development_Study_and_Policy___Recommendations for Pamlico Countyt_N_C_
Chapel Hill, N.C.: C, CRLtd.
----------------------
McElyea, William, David J. Brower and David R. Godschalk. 1982. Before the
Storm: Managiny_De�elopment_to Reduce Hurricane Damages. Chapel Hill:
• UNC Center for Urban and Regional Studies.
Moore, Gardner and Associates, Inc. 1979a. Addendum_201 Wastewater
---------
Facilities Plan, Bayboro_Planning_Areat_co Pamli_Count--yt_N_C_ Asheboro,
--------------- ----- -----
N.C., August.
Moore, Gardner and Associates, Inc. 1979b. Bay_Riv_er_Metropolitan_Sewerage
District Preliminary_Engineering_Study_as_to_Wastewater Facilities.
---- ----------------
Asheboro,-----------N-.-C-.,- October.
North Carolina Department of Transportation. 1971. Pamlico -County
Thoroughfare_Plan.
Pamlico County. 1976. Pamlico County_Coastal Area Management_Plan.
-----------------------
Pamlico County. 1980. Master Plan for Parks and Recreation. March.
• Pamlico County. 1980. Pamlico -County -Land -Use -Plan. Prepared by Neuse River
Council of Governments. --
Revised Nov., 1989
fl

EHNR - COASTAL NIANAGEiVIENT T15: 07H .0100
SUBCIIAPTER 711 - STATE GUIDELINES FOR AREAS OF ENVIRONMENTAL CONCERN
SECTION .0100 - INTRODUCTION AND GENERAL COMNIENTS
.0101 INTRODUCTION
(a) One of the basic purposes of North Carolina's Coastal Area Management Act (CAMA or the act)
is to establish a state management plan that is capable of rational and coordinated management of
coastal resources. The act recognizes that the key to more effective protection and use of the land and
water resources of the coast is the development of a coordinated approach to resource management.
The Coastal Area Management Act provides two principal mechanisms to accomplish this purpose.
First, the formulation of local land use plans articulating the objectives. of local citizens and translating
these objectives into future desired land use patterns; and second, the designation of areas of environ-
mental concern for the protection of areas of statewide concern within the coastal area.
(b) Both the development of local land use plans and the designation and regulation of critical re-
source areas contribute to rational management by encouraging local and state governments to exercise
their full authorities over coastal resources and to express their management goals in a comprehensible
and uniform manner. Local objectives benefit through their incorporation into a state management
scheme, and the statewide objectives of resource protection and development benefit through an inte-
grated and comprehensive management approach. It is the purpose of the state guidelines to ensure
this uniformity and consistency in the local land use plans and the regulation of critical resource areas,
or areas of environmental concern (AECs), through the establishment of unified policies, criteria,
standards, methods, and processes.
(c) These state guidelines are designed to provide individuals and governmental agencies with a
complete statement of the uniform policies and standards adopted by the Coastal Resources Conunis-
sion (CRC or the commission) for areas of environmental concern, as mandated by the act.
History Note: Statutory Authority G.S. 113A-101; 113A-102; 113A-124(e) (5)
Eff. September 9, 1977.
.0102 CAiIiA PROVISIONS FOR AECs
(a) The Coastal Area Management Act requires that these state guidelines "shall give particular at-
tention to the nature of development which shall be appropriate within the various types of areas of
• environmental concern that may be designated by the commission."
(b) The act further provides that local land use plans "shall give special attention to the protection
and appropriate development of areas of environmental concern."
(c) The 1974 Legislature found that "the coastal area, and in particular the estuaries, are among the
most biologically productive regions of this state and of the nation," but in recent years the area "has
been subjected to increasing pressures which are the result of the often conflicting needs of society ex-
panding in industrial development, in population, and in the recreational aspirations of its citizens."
(d) "Unless these pressures are controlled by coordinated management," the act states, "the very
features of the coast which make it economically, aesthetically, and ecologically rich will be
destroyed."
(e) To prevent this destruction, the act charges the Coastal Resources Commission with the respon-
sibility for identifying types of areas -- water as well as land -- in which uncontrolled or incompatible
development might result in irreversible damage. It further instructs the commission to determine what
types of development activities are appropriate within such areas, and it calls on local government to
give special attention to these environmentally fragile and important areas in developing their land use
plans. Also, the act provides that upon establishing the types of development activities appropriate
within areas of environmental concern, the CRC should implement a permit program capable of con-
trolling any inappropriate or damaging development activities within the AECs. The intent of this
authority is not to stop development, but rather to ensure the compatibility of development with the
continued productivity and value of certain critical land and water areas.
(f) The act divides the implementation responsibilities of the permit program between local govern-
ments and the CRC. Individuals proposing "minor development" activities [defined in G.S.
113A-118(d)(2)] within an AEC will be required to receive permits from a local permit officer, while
individuals undertaking "major development" activities [defined in G.S. 113A-118(d)(1)] will seek per -
WORTH CAROLINA AD31INISTRATIVE CODE 11109189 Page 1

EHNR - COASTAL AIANAGE,IIENT T15: 07H .0100
mits directly from the CRC. In either case, the criteria and standards determining permit approval as
described in this Subchapter of the guidelines will be identical.
History Note: Statutory Authority G.S. 113A-102(a); 113A-106; 113A-107, 113A-113(a);
113A-118; 113A-124;
Eff. September 9, 1977;
Amended Eff. December 1, 1985.
.0103 SELECTION OF PROPOSED AREAS FOR AEC DESIGNATION
(a) The selection of proposed AEC categories was made after several months of consideration by local
government, the Coastal Resources Commission, and the Coastal Resources Advisory Council
(CRAC). The act specified the potential AEC categories from which the commission was to choose
a mix of AECs that would most effectively achieve the goals of the Coastal Area Management Act.
Local governments played a major role in the selection process by identifying AEC categories they
considered to be appropriate for their jurisdictions. These recommendations formed the basis for se-
lecting interim areas of environmental concern (IAECs) after which the categories were once again re-
viewed by the commission and further narrowed in scope. Thirteen categories were proposed for final
designation.
(b) As presented in these guidelines, the 13 categories of AECs are separated into four broad
groupings. The broad breakdowns include categories of AECs that are either interrelated components
of an ecological system or a collection of AECs with similar management objectives. The purposes in
presenting the material in this manner is not only to create a logical organization, but also to emphasize
the relationship of one AEC category to another and the interactive nature of AECs with the total
coastal environment.
History Note: Statutory Authority G.S. 113A424;
Eff. September 9, 1977.
.0104 DEVELOPMENT INITIATED PRIOR TO EFFECTIVE DATE OF REVISIONS
(a) The following Rules shall be used to determine whether the revisions to guidelines for develop-
ment in areas of environmental concern (hereinafter referred to as revisions), with an effective date of
June 1, 1979, shall apply to a proposed development.
(1) In the case of a development for which a CAMA permit was required prior to June 1, 1979, the
revisions shall not be applicable if a complete and sufficient application for a CAMA permit
was filed and accepted before June 1, 1979. However if the application should lapse or be de-
nied, thereby requiring a new application after June 1, 1979, or if the application is modified or
renewed after June 1, 1979, the revisions shall be made applicable.
(2) In the case of a development for which no CAMA permit was required prior to July 15, 1979,
the revisions shall not be applicable if all legally required permits have been applied for and ac-
cepted in accordance with the applicable rules of the agency responsible for the permit. IIow-
ever, if the application should lapse or be denied, thereby requiring a new application after July
15, 1979, or if the application is modified or renewed after July 15, 1979, the revisions shall be
applicable.
(3) In those cases where a CAMA major pen -nit was issued before June 1, 1979, for a major devel-
opment which included platted lots, the new standards shall apply to such platted lots only to
the maximum extent possible without effectively prohibiting the intended use of those lots. In
order for this Rule to apply, the following conditions must be met:
(A) the lot on which the proposed development is to be located shall have been accurately shown
on the major development permit application and the boundaries must not have been signif-
icantly altered.
(B) the lot on which the proposed development is to be located shall have been suitable for the
intended use according to the AEC guidelines in effect at the time the major permit was issued.
(C) a minor development permit must be applied for and received according to the normal minor
permit process before development can begin.
(D) this Rule shall apply only to development for which a permit application is submitted prior
to expiration of the major development permit issued before June 1, 1979.
(4) In those cases where any necessary local approval was issued for a proposed subdivision devel-
opment prior to July 15, 1979, the Office of Coastal Management advised the developer in
IVORTH CAROLLVA A DAHNIS TRA TI VE CODE 11109189 Page 2

EHNR - COASTAL A,1A NA GE AIE N T T15: 07H .0100
writing where to locate the ocean setback line for the proposed subdivision, and the proposed
subdivision development was recorded in the county registry prior to July 15, 1979, with the
ocean setback determined by the Office of Coastal Management, any new standards regarding
oceanfront setbacks shall apply to the platted lots within the proposed subdivision only to the
maximum extent possible without effectively prohibiting the intended use of those lots. In order
for this Rule to apply, the following conditions must be met:
(A) the lot(s) on which the proposed development is to be located shall have been accurately
shown on an approved local plat and. the boundaries must not have been significantly altered;
(B) the lot(s) on which the proposed development is to be located shall have been suitable for the
intended use according to the AEC guidelines in effect at the time the plat was approved; and
(C) a minor development permit(s) must be applied for and received according to the normal
minor permit process before development can begin.
(b) The oceanfront setback provisions specifically applicable to large structures, as set forth by Rule
.0306(a)(4) of this Subchapter, shall apply only to development applications received on or after No-
vember 1, 1983. Further, Rule .0306(a)(4) of this Subchapter shall only apply to the maximum extent
possible without effectively prohibiting the intended use of the property in the following situations:
• (1) the completion of projects that had received valid CAMA permits prior to November 1, 1983,
provided that permit renewals, modification and transfer requests for these projects made pur-
suant to 15 NCAC 7J .0404, .0405 and .0406 and 15 NCAC 7E .0105 shall be considered under
the setback rules applicable at the time of original permit issuance, and no renewals or extensions
of pre-existing permits shall be made beyond the expiration period unless either there has been
substantial progress on construction or no material change in the physical conditions at the
project site (as is provided by 15 NCAC 7J .0403); and
(2) the completion of projects that were outside of CAMA permit jurisdiction prior to November
1, 1983, provided that all other required state and local permits had been applied for in accord-
ance with the rules of the agencies responsible for such permits and that the developer has
materially changed his or her position in good faith reliance on such development approvals.
In all instances, such development must be consistent with all other provisions of this Sub-
chapter.
(c) In the case of subdivisions or projects which have received either all required final or preliminary
local approvals or a CAMA major development permit prior to May 27, 1988, and have therein met
all applicable CAMA setback requirements as of May 27, 1988, the updated oceanfront erosion rates
approved by the commission on July 29, 1988, and effective on November 1, 1988, shall only apply to
the maximum extent feasible. For these previously approved lots and projects, the erosion rate existing
as of May 27, 1988, shall be applied in determining minimum oceanfront setbacks for purposes of
• subsequent -approved construction or development prior, to the next erosion rate update.
History Note: Statutory Authority G.S. 113A-107, 113A-113; 113A-124;
Eff. September 15, 1979;
Amended Eff. November 1, 1988; September 1, 1988; December 1, 1985;
November 1, 1983.
.0105 EFFECTIVE DATE OF RULE AMENDMENTS
Unless explicitly stated otherwise, the state guidelines for Areas of Environmental Concern and local
land use plans in effect at the time of permit decision shall be applied to all development proposals
covered by this Subchapter.
History Note: Statutory Authority G.S. 113A-107, 113A-124;
Eff. December 1, 1982.
NORTH CAROLINA ADNIINISTRATIYE CODE 11109189 Page 3

EIIIVR - COASTAL MANAGEMENT T15: 07H .0200
SECTION .0200 - THE ESTUARINE SYSTEM
.0201 ESTUARINE SYSTEM CATEGORIES
The first AECs discussed collectively are those water and land areas of the coast that contribute
enormous economic, social, and biological values to North Carolina as components of the estuarine
system. Included within the estuarine system are the following AEC categories: estuarine waters,
coastal wetlands, public trust areas, and estuarine shorelines. Each of the AECs is either geographically
within the estuary or, because of its location and nature, may significantly affect the estuary.
History Note: Statutory Authority G.S. 113A-113(b)(1); 113A-113(b)(2); 113A-113(b)(5);
113A-113(b)(6)b; 113A-124,
Eff. September 9, 1977.
.0202 SIGNIFICANCE OF THE SYSTEMS APPROACH IN ESTUARIES
The management program must embrace all characteristics, processes, and features of the whole sys-
tem and not characterize individually any one component of an estuary. The AECs are interdependent
and ultimately require management as a unit. Any alteration, however slight, in a given component
of the estuarine system may result in unforeseen consequences in what may appear as totally unrelated
areas of the estuary. For example, destruction of wetlands may have harmful effects on estuarine waters
which are also areas within the public trust. As a unified system, changes in one AEC category may
affect the function and use within another category.
History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-124;
Eff. September 9, 1977.
.0203 IIANAGEMENT OBJECTIVE OF THE ESTUARINE SYSTEM
It is the objective of the Coastal Resources Commission to give high priority to the protection and
coordinated management of estuarine waters, coastal wetlands, public trust areas, and estuarine
shorelines, as an interrelated group of AECs, so as to safeguard and perpetuate their biological, social,
economic, and aesthetic values and to ensure that development occurring within these AECs is com-
patible with natural characteristics so as to minimize the likelihood of significant loss of private property
and public resources. Furthermore, it is the objective of the Coastal Resources Commission to protect
present common-law and statutory public rights of access to the lands and waters of the coastal area.
History Note: Statutory Authority G.S.
113A-107(b); 113A-124,
Eff. September 9, 1977;
Amended Eff. September
102(b)(1); 102(b)(4); 113A-107(a);
1, 1985.
.0204 AECs WITHIN THE ESTUARINE SYSTEM
The following regulations in this Section define each AEC within the estuarine system, describe its
significance, articulate the policies regarding development, and state the standards for development
within each AEC.
History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-124,
Eff. September 9, 1977.
.0205 COASTAL AVETLANDS
(a) Description. Coastal wetlands are defined as any salt marsh or other marsh subject to regular
or occasional flooding by tides, including wind tides (whether or not the tide waters reach the marshland
areas through natural or artificial watercourses), provided this shall not include hurricane or tropical
storm tides.
Coastal wetlands contain some, but not necessarily all, of the following marsh plant species:
(1) Cord Grass (Spartina alterniflora),
(2) Black Needlerush (Juncus roemerianus),
(3) Glasswort (Salicornia spp.),
(4) Salt Grass (Distichlis spicata),
•
•
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(5) Sea Lavender (Limonium spp.),
(6) Bulrush (Scirpus spp.),
(7) Saw Grass (Cladium jamaicense),
(8) Cat -tail (Typha spp.),
(9) Salt Meadow Grass (Spartina patens),
(10) Salt Reed Grass (Spartina cynosuroides).
Included in this definition of coastal wetlands is "such contiguous land as the Secretary of NRCD
reasonably deems necessary to affect by any such order in carrying out the purposes of this Section."
[G.S. 113-230(a)].
(b) Significance. The unique productivity of the estuarine system is supported by detritus (decayed
plant material) and nutrients that are exported from the coastal marshlands. The amount of
exportation and degree of importance appears to be variable from marsh to marsh, depending primarily
upon its frequency of inundation and inherent characteristics of the various plant species. Without the
marsh, the high productivity levels and complex food chains typically found in the estuaries could not
be maintained.
Man harvests various aspects of this productivity when he fishes, hunts, and gathers shellfish from the
estuary. Estuarine dependent species of fish and shellfish such as menhaden, shrimp, flounder, oysters,
• and crabs currently make up over 90 percent of the total value of North Carolina's commercial catch.
The marshlands, therefore, support an enormous amount of commercial and recreational businesses
along the seacoast.
The roots, rhizomes, stems, and seeds of coastal wetlands act as good quality waterfowl and wildlife
feeding and nesting materials. In addition, coastal wetlands serve as the first line of defense in retarding
estuarine shoreline erosion. The plant stems and leaves tend to dissipate wave action, while the vast
network of roots and rhizomes resists soil erosion. In this way, the coastal wetlands serve as barriers
against flood damage and control erosion between the estuary and the uplands.
Marshlands also act as nutrient and sediment traps by slowing the water which flows over them and
causing suspended organic and inorganic particles to settle out. In this manner, the nutrient storehouse
is maintained, and sediment harmful to marine organisms is removed. Also, pollutants and excessive
nutrients are absorbed by the marsh plants, thus providing an inexpensive water treatment service.
(c) Management Objective. To give highest priority to the protection and management of coastal
wetlands so as to safeguard and perpetuate their biological, social, economic and aesthetic values; to
coordinate and establish a management system capable of conserving and utilizing coastal wetlands as
a natural resource essential to the functioning of the entire estuarine system.
(d) Use Standards. Suitable land uses shall be those consistent with the management objective in this
Rule. Highest priority of use shall be allocated to the conservation of existing coastal wetlands. Second
• priority of coastal wetland use shall be given to those types of development activities that require water
access and cannot function elsewhere.
Unacceptable land uses may include, but would not be limited to, the following examples: restaurants
and businesses; residences, apartments, motels, hotels, and trailer parks; parking lots and private roads
and highways; and factories. Examples of acceptable land uses may include utility easements, fishing
piers, docks, and agricultural uses, such as farming and forestry drainage, as permitted under North
Carolina's Dredge and Fill Act and/or other applicable laws.
In every instance, the particular location, use, and design characteristics shall be in accord with the
general use standards for coastal wetlands, estuarine waters, and public trust areas described in Rule
.0208 of this Section.
History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b)(1); 113A-124;
Eff. September 9, 1977;
Amended Eff. January 24, 1978.
.0206 ESTUARINE WATERS
(a) Description. Estuarine waters are defined in G.S. 113A-113(b)(2). The boundaries between in-
land and coastal fishing waters are set forth in an agreement adopted by the Wildlife Resources Com-
mission and the Department of Natural Resources and Community Development and in the most
current revision of the North Carolina Marine Fisheries Regulations for Coastal Waters, codified at 15
NCAC 3F .0200.
(b) Significance. Estuarine waters are the dominant component and bonding element of the entire
estuarine system, integrating aquatic influences from both the land and the sea. Estuaries are among
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the most productive natural environments of North Carolina. They support the valuable commercial
and sports fisheries of the coastal area which are comprised of estuarine dependent species such as
menhaden, flounder, shrimp, crabs, and oysters. These species must spend all or some part of their life
cycle within the estuarine waters to mature and reproduce. Of the ten leading species in the commercial
catch, all but one are dependent on the estuary.
This high productivity associated with the estuary results from its unique circulation patterns caused
by tidal energy, fresh water flow, and shallow depth; nutrient trapping mechanisms; and protection to
the many organisms. The circulation of estuarine waters transports nutrients, propels plankton, spreads
seed stages of fish and shellfish, flushes wastes from animal and plant life, cleanses the system of
pollutants, controls salinity, shifts sediments, and mixes the water to create a multitude of habitats.
Some important features of the estuary include mud and sand flats, eel grass beds, salt marshes, sub-
merged vegetation flats, clam and oyster beds, and important nursery areas.
Secondary benefits include the stimulation of the coastal economy from the spin off operations re-
quired to service commercial and sports fisheries,. waterfowl hunting, marinas, boatyards, repairs and
supplies, processing operations, and tourist related industries. In addition, there is considerable non -
monetary value associated with aesthetics, recreation, and education.
(c) Management Objective. To give the highest priority to the conservation and management of the •
important features of estuarine waters so as to safeguard and perpetuate their biological, social, aes-
thetic, and economic values; to coordinate and establish a management system capable of conserving
and utilizing estuarine waters so as to maximize their benefits to man and the estuarine system.
(d) Use Standards. Suitable land/water uses shall be those consistent with the management objectives
in this Rule. Highest priority of use shall be allocated to the conservation of estuarine waters and its
vital components. Second priority of estuarine waters use shall be given to those types of development
activities that require water access and use which cannot function elsewhere such as simple access
channels; structures to prevent erosion; navigation channels; boat docks, marinas, piers, wharfs, and
mooring pilings.
In every instance, the particular location, use, and design characteristics shall be in accord with the
general use standards for coastal wetlands, estuarine waters, and public trust areas described in Regu-
lation .0208 of this Section.
History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b)(2); 113A--124;
Eff. September 9, 1977;
Amended Eff. October 1, 1988; December 1, 1985; January 24, 1978.
.0207 PUBLIC TRUST AREAS •
(a) Description. Public trust areas are all waters of the Atlantic Ocean and the lands thereunder from
the mean high water mark to the seaward limit of state jurisdiction; all natural bodies of water subject
to measurable lunar tides and lands thereunder to the mean high water mark; all navigable natural
bodies of water and lands thereunder to the mean high water level or mean water level as the case may
be, except privately -owned lakes to which the public has no right of access; all water in artificially cre-
ated bodies of water containing significant public fishing resources or other public resources which are
accessible to the public by navigation from bodies of water in which the public has rights of navigation;
and all waters in artificially created bodies of water in which the public has acquired rights by pre-
scription, custom, usage, dedication, or any other means. In determining whether the public has ac-
quired rights in artificially created bodies of water, the following factors shall be considered:
(1) the use of the body of water by the public,
(2) the length of time the public has used the area,
(3) the value of public resources in the body of water,
(4) whether the public resources in the body of water are mobile to the extent that they can move
into natural bodies of water,
(5) whether the creation of the artificial body of water required permission from the state, and
(6) the value of the body of water to the public for navigation from one public area to another public
area.
(b) Significance. The public has rights in these areas, including navigation and recreation. In addi-
tion, these areas support valuable commercial and sports fisheries, have aesthetic value, and are im-
portant resources for economic development.
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(c) Management Objective. To protect public rights for navigation and recreation and to preserve
and manage the public trust areas so as to safeguard and perpetuate their biological, economic and
aesthetic value.
(d) Use Standards. Acceptable uses shall be those consistent with the management objectives in (c)
of this Rule. In the absence of overriding public benefit, any use which significantly interferes with the
public right of navigation or other public trust rights which the public may be found to have in these
areas shall not be allowed. The development of navigational channels or drainage ditches, the use of
bulkheads to prevent erosion, and the building of piers, wharfs, or marinas are examples of uses that
may be acceptable within public trust areas, provided that such uses will not be detrimental to the
public trust rights and the biological and physical functions of the estuary. Projects which would di-
rectly or indirectly block or impair existing navigation channels, increase shoreline erosion, deposit
spoils below mean high tide, cause adverse water circulation patterns, violate water quality standards,
or cause degradation of shellfish waters are generally considered incompatible with the management
policies of public trust areas. In every instance, the particular location, use, and design characteristics
shall be in accord with the general use standards for coastal wetlands, estuarine waters, and public trust
areas.
• History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b)(5); 113A-124;
Eff. September 9, 1977.
.0208 USE STANDARDS
(a) General Use Standards
(1) Uses which are not water dependent will not be permitted in coastal wetlands, estuarine waters,
and public trust waters. Restaurants, residences, apartments, motels, hotels, trailer parks, private
roads, factories, and parking lots are examples of uses that are not water dependent. Uses that
are water dependent may include: utility easements; docks; wharfs; boat ramps; dredging;
bridges and bridge approaches; revetments, bulkheads; culverts; groins; navigational aids;
mooring pilings; navigational channels; simple access channels and drainage ditches.
(2) Before being granted a permit by the CRC or local permitting authority, there shall be a finding
that the applicant has complied with the following standards:
(A) The location, design, and need for development, as well as the construction activities involved
must be consistent with the stated management objective.
(B) Before receiving approval for location of a use or development within these AECs, the
permit -letting authority shall find that no suitable alternative site or location outside of the AEC
• exists for the use or development and, further, that the applicant has selected a combination of
sites and design that will have a minimum adverse impact upon the productivity and biologic
integrity of coastal marshland, shellfish beds, submerged grass beds, spawning and nursery areas,
important nesting and wintering sites for waterfowl and wildlife, and important natural erosion
barriers (cypress fringes, marshes, clay soils).
(C) Development shall not violate water and air quality standards.
(D) Development shall not cause major or irreversible damage to valuable documented
archaeological, or historic resources.
(E) Development shall not measurably increase siltation.
(F) Development shall not create stagnant water bodies.
(G) Development shall be timed to have minimum adverse significant affect on life cycles of
estuarine resources.
(14) Development shall not impede navigation or create undue interference with access to, or use
of, public trust or estuarine waters.
(I) Development proposed in estuarine waters must also be consistent with applicable standards
for the ocean hazard system AECs set forth in Section .0300 of this Subchapter.
(3) When the proposed development is in conflict with the general or specific use standards set forth
in this Rule, the CRC may approve the development if the applicant can demonstrate that the
activity associated with the proposed project will have public benefits as identified in the findings
and goals of the Coastal Area Management Act, that the public benefits clearly outweigh the
long range adverse effects of the project, that there is no reasonable and prudent alternate site
available for the project, and that all reasonable means and measures to mitigate adverse impacts
of the project have been incorporated into the project design and will be implemented at the
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applicant's expense. These measures taken to mitigate or minimize adverse impacts may include
actions that will:
(A) minimize or avoid adverse impacts by limiting the magnitude or degree of the action;
(B) restore the affected environment; or
(C) compensate for the adverse impacts by replacing or providing substitute resources.
(4) Primary nursery areas are those areas in the estuarine system where initial post larval develop-
ment of finfish and crustaceans takes place. They are usually located in the uppermost sections
of a system where populations are uniformly early juvenile stages. They are officially designated
and described by the N.C. Marine Fisheries Commission in 15 NCAC 3B .1405.
(5) Outstanding Resource Waters are those estuarine and public trust waters classified by the N.C.
Environmental Management Commission pursuant to Title 15, Subchapter 2B .0216 of the
N.C. Administrative Code as Outstanding Resource Waters (ORW) upon finding that such
waters are of exceptional state or national recreational or ecological significance. In those
estuarine and public trust waters classified as ORW by the Environmental Management Com-
mission (EMC), no permit required by the Coastal Area Management Act will be approved for
any project which would be inconsistent with applicable use standards adopted by the CRC,
EMC, or Marine Fisheries Commission (MFC) for estuarine waters, public trust waters, or
coastal wetlands. For development activities not covered by specific use standards, no permit
will be issued if the activity would, based on site specific information, materially degrade the
water quality or outstanding resource values unless such degradation is temporary.
(b) Specific Use Standards
(1) Navigation channels, canals, and boat basins must be aligned or located so as to avoid primary
nursery areas highly productive shellfish beds, beds of submerged vegetation, or significant areas
of regularly or irregularly flooded coastal wetlands.
(A) Navigation channels and canals can be allowed through narrow fringes of regularly and ir-
regularly flooded coastal wetlands if the loss of wetlands will have no significant adverse impacts
on fishery resources, water quality or adjacent wetlands, and, if there is no reasonable alternative
that would avoid the wetland losses.
(B) All spoil material from new construction shall be confined landward of regularly and irreg-
ularly flooded coastal wetlands and stabilized to prevent entry of sediments into the adjacent
water bodies or marsh.
(C) Spoil from maintenance of channels and canals through irregularly flooded wetlands shall be
placed on non -wetland areas, remnant spoil piles, or disposed of by an acceptable method hav-
ing no significant, long term wetland impacts. Under no circumstances shall spoil be placed on
regularly flooded wetlands.
(D) Widths of the canals and channels shall be the minimum required to meet the applicant's
needs and provide adequate water circulation.
(E) Boat basin design shall maximize water exchange by having the widest possible opening and
the shortest practical entrance canal. Depths of boat basins shall decrease from the waterward
end inland.
.(F) Any canal or boat basin shall be excavated no deeper than the depth of the connecting
channels.
(G) Canals for the purpose of multiple residential development shall have:
(i) no septic tanks unless they meet the standards set by the Division of Environmental Man-
agement and the Division of Health Services;
(ii) no untreated or treated point source discharge;
(iii) storm water routing and retention areas such as settling basins and grassed swales.
(11) Construction of finger canal systems will not be allowed. Canals shall be either straight or
meandering with no right angle corners.
(1) Canals shall be designed so as not to create an erosion hazard to adjoining property. Design
may include bulkheading, vegetative stabilization, or adequate setbacks based on soil character-
istics.
(2) Hydraulic Dredging
(A) The terminal end of the dredge pipeline should be positioned at a distance sufficient to pre-
clude erosion of the containment dike and a maximum distance from spillways to allow adequate
settlement of suspended solids.
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(B) Dredge spoil must be either confined on high ground by adequate retaining structures or if
the material is suitable, deposited on beaches for purposes of renourishment, with the exception
of (G) of this Subsection (b)(2).
(C) Confinement of excavated materials shall be on high ground landward of regularly and irreg-
ularly flooded marshland and with adequate soil stabilization measures to prevent entry of
sediments into the adjacent water bodies or marsh.
(D) Effluent from diked areas receiving disposal from hydraulic dredging operations must be
contained by pipe, trough, or similar device to a point waterward of emergent vegetation or,
where local conditions require, below mean low water.
(E) When possible, effluent from diked disposal areas shall be returned to the area being dredged.
(F) A water control structure must be installed at the intake end of the effluent pipe.
(G) Publicly funded projects will be considered by review agencies on a case by case basis with
respect to dredging methods and spoil disposal.
(1-I) Dredge spoil from closed shellfish waters and effluent from diked disposal areas used when
dredging in closed shellfish waters shall be returned to the closed shellfish waters.
(3) Drainage Ditches
• (A) Drainage ditches located through any marshland shall not exceed six feet wide by four feet
deep (from ground surface) unless the applicant can show that larger ditches are necessary for
adequate drainage.
(B) Spoil derived from the construction or maintenance of drainage ditches through regularly
flooded marsh must be placed landward of these marsh areas in a manner that will insure that
entry of sediment into the water or marsh will not occur. Spoil derived from the construction
or maintenance of drainage ditches through irregularly flooded marshes shall be placed on non -
wetlands wherever feasible. Non -wetland areas include relic disposal sites.
(C) Excavation of new ditches through high ground shall take place landward of a temporary
earthen plug or other methods to minimize siltation to adjacent water bodies.
(D) Drainage ditches shall not have a significant adverse effect on primary nursery areas, pro-
ductive shellfish beds, submerged grass beds, or other documented important estuarine habitat.
Particular attention should be placed on the effects of freshwater inflows, sediment, and nutrient
introduction. Settling basins, water gates, retention structures are examples of design alternatives
that may be used to minimize sediment introduction.
(4) Nonagricultural Drainage
(A) Drainage ditches must be designed so that restrictions in the volume or diversions of flow are
minimized to both surface and ground water.
(B) Drainage ditches shall provide for the passage of migratory organisms by allowing free passage
of water of sufficient depth.
(C) Drainage ditches shall not create stagnant water pools or significant changes in the velocity
of flow.
(D) Drainage ditches shall not divert or restrict water flow to important wetlands or marine
habitats.
(5) Marinas. Marinas are defined as any publicly or privately owned dock, basin or wet boat storage
facility constructed to accommodate more than 10 boats and providing any of the following
services: permanent or transient docking spaces, dry storage, fueling facilities, haulout facilities
and repair service. Excluded from this definition are boat ramp facilities allowing access only,
temporary docking and none of the preceding services. Expansion of existing facilities shall also
comply with these standards for all development other than maintenance and repair necessary
to maintain previous service levels.
(A) Marinas shall be sited in non -wetland areas or in deep waters (areas not requiring dredging)
and shall not disturb valuable shallow water, submerged aquatic vegetation, and wetland
habitats, except for dredging necessary for access to high -ground sites. The following four al-
ternatives for siting marinas are listed in order of preference for the least damaging alternative;
marina projects shall be designed to have the highest of these four priorities that is deemed fea-
sible by the permit letting agency:
(i) an upland basin site requiring no alteration of wetland or estuarine habitat and providing
adequate flushing by tidal or wind generated water circulation;
(ii) an upland basin site requiring dredging for access when the necessary dredging and operation
of the marina will not result in the significant degradation of existing fishery, shellfish, or
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wetland resources and the basin design shall provide adequate flushing by tidal or wind gen-
erated water circulation;
(iii) an open water site located outside a primary nursery area which utilizes piers or docks
rather than channels or canals to reach deeper water; and
(iv) an open water marina requiring excavation of no intertidal habitat, and no dredging greater
than the depth of the connecting channel.
(B) Marinas which require dredging shall not be located in primary nursery areas nor in areas
which require dredging through primary nursery areas for access. Maintenance dredging in pri-
mary nursery areas for existing marinas will be considered on a case -by -case basis.
(C) To minimize coverage of public waters by docks and moored vessels, dry storage marinas shall
be used where feasible.
(D) Marinas to be developed in waters subject to public trust rights (other than those created by
dredging upland basins or canals) for the purpose of providing docking for residential develop-
ments shall be allowed no more than 27 sq. ft. of public trust waters for every one lin. ft. of
shoreline adjacent to these public trust waters for construction of docks and mooring facilities.
The 27 sq. ft. allocation shall not apply to fairway areas between parallel piers or any portion
of the pier used only for access from land to the docking spaces.
(E) To protect water quality of shellfishing areas, marinas shall not be located within areas where •
shellfish harvesting for human consumption is a significant existing use or adjacent to such areas
if shellfish harvest closure is anticipated to result from the location of the marina. In compliance
with Section 101(a)(2) of the Clean Water Act and North Carolina Water Quality Standards
adopted pursuant to that section, shellfish harvesting is a significant existing use if it can be es-
tablished that shellfish have been regularly harvested for human consumption since November
28, 1975 or that shellfish apparently are propagating and surviving in a biologically suitable
habitat and are available and suitable for harvesting for the purpose of human consumption.
The Division of Marine Fisheries shall be consulted regarding the significance of shellfish harvest
as an existing use and the magnitude of the quantities of shellfish which have been harvested
or are available for harvest in the area where harvest will be affected by the development.
(F) Marinas shall not be located without written consent from the controlling parties in areas of
submerged lands which have been leased from the state or deeded by the state.
(G) Marina basins shall be designed to promote flushing through the following design criteria:
(i) the basin and channel depths shall gradually increase toward open water and shall never be
deeper than the waters to which they connect; and
(ii) when possible, an opening shall be provided at opposite ends of the basin to establish
flow -through circulation.
(H) Marinas shall be designed to minimize adverse effects on navigation and public use of waters
while allowing the applicant adequate access to deep waters.
(I) Marinas shall be located and constructed so as to avoid adverse impacts on navigation
throughout all federally maintained channels and their immediate boundaries. This includes
mooring sites (permanent or temporary), speed or traffic reductions, or any other device, either
physical or regulatory, that may cause a federally maintained channel to be restricted.
(J) Open water marinas shall not be enclosed within breakwaters that preclude circulation suffi-
cient to maintain water quality.
(K) Marinas which require dredging shall provide acceptable areas to accommodate disposal needs
for future maintenance dredging. Proof of the ability to truck the spoil material from the marina
site to an acceptable disposal area will be acceptable.
(L) Marina design shall comply with all applicable requirements for management of stormwater
runoff.
(M) Marinas shall post a notice prohibiting the discharge of any waste from boat toilets and ex-
plaining the availability of information on local pump -out services.
(N) Boat maintenance areas must be designed so that all scraping, sandblasting, and painting will
be done over dry land with adequate containment devices to prevent entry of waste materials
into adjacent waters.
(0) All marinas shall comply with all applicable standards for docks and piers, bulkheading,
dredging and spoil disposal.
(P) All applications for marinas shall be reviewed to determine their potential impact and com-
pliance with applicable standards. Such review shall consider the cumulative impacts of marina
development.
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(Q) Replacement of existing marinas to maintain previous service levels shall be allowed provided
that the preceding rules are complied with to the maximum extent possible, with due consider-
ation being given to replacement costs, service needs, etc.
(6) Docks and Piers
(A) Docks and piers shall not significantly interfere with water flows.
(B) To preclude the adverse effects of shading coastal wetlands vegetation, docks and piers built
over coastal wetlands shall not exceed six feet in width. "T"s and platforms associated with
residential piers must be at the waterward end, and must not exceed a total area of 500 sq. ft.
with no more than six feet of the dimension perpendicular to the marsh edge extending over
coastal wetlands. Water dependent projects requiring piers or wharfs of dimensions greater than
those stated in this Rule shall be considered on a case -by -case basis.
(C) Piers shall be designed to minunize adverse effects on navigation and public use of waters
while allowing the applicant adequate access to deep waters by:
(i) not extending beyond the established pier length along the same shoreline for similar use;
(ii) not extending into the channel portion of the water body; and
(iii) not extending more than one -thud the width of a natural water body or man-made canal
• or basin. Measurements to determine widths of the channels, canals or basins shall be made
from the waterward edge of any coastal wetland vegetation which borders the water body.
The one -thud length limitation will not apply in areas where the U.S. Army Corps of Engi-
neers, or a local government in consultation with the Corps of Engineers, has established an
official pier -head line.
(D) Pier alignments along federally maintained channels must meet Corps of Engineers District
guidelines.
(E) Piers shall not interfere with the access to any riparian property and shall have a minimum
setback of 15 feet between any part of the pier and the adjacent property owner's areas of
riparian access. The line of division of areas of riparian access shall be established by drawing
a line along the channel or deep water in front of the properties, then drawing a line perpendic-
ular to the line of the channel so that it intersects with the shore at the point the upland property
line meets the water's edge. The minimum setback provided in the rule may be waived by the
written agreement of the adjacent riparian owner(s) or when two adjoining riparian owners are
co -applicants. Should the adjacent property be sold before construction of the pier commences,
the applicant shall obtain a written agreement with the new owner waiving the minimum setback
and submit it to the permitting agency prior to initiating any development of the pier. Appli-
cation of this rule may be aided by reference to an approved diagram illustrating the rule as ap-
plied to various shoreline configurations. Copies of the diagram may be obtained from the
Division of Coastal Management.
(F) Docks and piers shall not significantly interfere with shellfish franchises or leases. Applicants
for authorization to construct a dock or pier shall provide notice of the permit application or
exemption request to the owner of any part of a shellfish franchise or lease over which the pro-
posed dock or pier would extend.
(7) Bulkheads and Shore Stabilization Measures
(A) Bulkhead alignment, for the purpose of shoreline stabilization, must approximate mean high
water or normal water level.
(B) Bulkheads shall be constructed landward of significant marshland or marshgrass fringes.
(C) Bulkhead fill material shall be obtained from an approved upland source, or if the bulkhead
is a part of a permitted project involving excavation from a non -upland source, the material so
obtained may be contained behind the bulkhead.
(D) Bulkheads or other structures employed for shoreline stabilization shall be permitted below
approximate mean high water or normal water level only when the following standards are met:
(i) the property to be bulkheaded has an identifiable erosion problem, whether it results from
natural causes or adjacent bulkheads, or it has unusual geographic or geologic features, e.g.
steep grade bank, which will cause the applicant unreasonable hardship under the other pro-
visions of this Regulation;
(ii) the bulkhead alignment extends no further below approximate mean high water or normal
water level than necessary to allow recovery of the area eroded in the year prior to the date
of application, to align with adjacent bulkheads, or to mitigate the unreasonable hardship re-
sulting from the unusual geographic or geologic features;
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EIINR - COASTAL AlANAGEbIENT T15: 0711.0200
(iii) the bulkhead alignment will not result in significant adverse impacts to public trust rights
or to the property of adjacent riparian owners;
(iv) the need for a bulkhead below approximate mean high water or normal water level is
documented in the Field Investigation Report or other reports prepared by the Division of
Coastal Management; and
(v) the property to be bulkheaded is in a nonoceanfront area.
(E) Where possible, sloping rip -rap, gabions, or vegetation may be used rather than vertical
seawalls.
(8) Beach Nourishment
(A) Beach creation and/or maintenance may be allowed to enhance water related recreational fa-
cilities for public, commercial, and private use.
(B) Beaches can be created and/or maintained in areas where they have historically been found
due to natural processes. They will not be allowed in areas of high erosion rates where frequent
maintenance will be necessary.
(C) Placing unconfined sand material in the water and along the shoreline will not be allowed as
a method of shoreline erosion control.
(D) Material placed in the water and along the shoreline shall be clean sand free from pollutants
and highly erodible finger material. Grain size shall be equal to or larger than that found na- •
turally at the site.
(E) Material from dredging projects can be used for beach nourishment if-
(i) it is first handled in a manner consistent with regulations governing spoil disposal;
(ii) it is allowed to dry for a suitable period; and
(iii) only that material of acceptable grain size is removed from the disposal site for placement
on the beach. Material shall not be placed directly on the beach by dredge or dragline during
maintenance excavation.
(F) Beach creation shall not be allowed in any primary. nursery areas, nor in any areas where
siltation from the site would pose a threat to shellfish beds.
(G) Material shall not be placed on any coastal wetlands or submerged aquatic vegetation.
(H) Material shall not be placed on any submerged bottom with signifcant shellfish resources.
(I) Beach construction shall not create the potential for filling adjacent or nearby navigation
channels, canals, or boat basins.
(J) Beach construction shall not violate water quality standards.
(K) Permit renewal of these projects shall require an evaluation of any adverse impacts of the
original work.
(L) Permits issued for this development shall be limited to authorizing beach nourishment only
one time during the life of the permit. Permits may be renewed for maintenance work or re- •
peated need for nourishment.
(9) Wooden and Riprap Groins
(A) Groins shall not extend more than 25 ft. waterward of the mean high water or normal water
level unless a longer structure can be justified by site specific conditions, sound engineering and
design principals.
(B) Groins shall be set back a minimum of 15 ft. from the adjoining property lines. This setback
may be waived by written agreement of the adjacent riparian owner(s) or when two adjoining
riparian owners are co -applicants. Should the adjacent property be sold before construction of
the groin commences, the applicant shall obtain a written agreement with the new owner waiv-
ing the minimum setback and submit it to the permitting agency prior to initiating any devel-
opment of the groin.
(C) Groins shall pose no threat to navigation.
(D) The height of groins shall not exceed 1 ft. above mean high water or the normal water level.
(E) No more than two structures shall be allowed per 100 ft. of shoreline unless the applicant can
provide evidence that more structures are needed for shoreline stabilization.
(F) "L" and "T" sections shall not be allowed at the end of groins.
(G) Riprap material used for groin construction shall be free from loose dirt or any other pollutant
in other than non -harmful quantities and of a size sufficient to prevent its movement from the
site by wave and current action.
History Note: Statutory Authority G.S. 113A-107(b); 113A-108; 113A-113(b); 113A-124,
Eff. September 9, 1977,
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EHiVR - COASTAL AIANAGEA)ENT T15: 07H .0200
Amended Eff. November 1, 1989, October 1, 1989; October 1, 1988; September 1, 1988.
.0209 ESTUARINE SHORELINES
(a) Rationale. As an AEC, estuarine shorelines, although characterized as dry land, are considered
a component of the estuarine system because of the close association with the adjacent estuarine waters.
This Section defines estuarine shorelines, describes the significance, and articulates standards for devel-
opment.
(b) Description. Estuarine shorelines are those non -ocean shorelines which are especially vulnerable
to erosion, flooding, or other adverse effects of wind and water and are intimately connected to the
estuary. This area extends from the mean high water level or normal water level along the estuaries,
sounds, bays, and brackish waters as set forth in an agreement adopted by the Wildlife Resources
Commission and the Department of Natural Resources and Community Development [described in
Regulation .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
mean high water level or 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.
(c) Significance. Development within estuarine shorelines influences the quality of estuarine life and
is subject to the damaging processes of shore front erosion and flooding.
(d) Management Objective. To ensure shoreline development is compatible with both the dynamic
nature of estuarine shorelines and the values of the estuarine system.
(c) Use Standards
(1) All development projects, proposals, and designs shall substantially preserve and not weaken or
eliminate natural barriers to erosion, including, but not limited to, 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 sur-
faces 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 demon-
strate, 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 can 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 ex-
tent practical.
(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 adequate
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 estaurine resources.
(5) Development shall not significantly interfere with existing public rights of access to, or use of,
navigable waters or public resources.
(6) No major public facility shall be permitted if such facility is likely to require extraordinary public
expenditures for maintenance and continued use, unless it can be shown that the public purpose
served by the facility outweighs the required public expenditures for construction, maintenance,
and continued use. For the purpose of this standard, "public facility" shall mean a project
which is paid for in any part by public funds.
(7) Development shall not cause major or irreversible damage to valuable, documented historic ar-
chitectural or archaeological resources.
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(8) Established common-law and statutory public rights of access to the public trust lands and wa-
ters in estuarine areas shall not be eliminated or restricted. Development shall not encroach
upon public accessways nor shall it limit the intended use of the accessways.
(9) Within the AEC for shorelines contiguous to waters classified as Outstanding Resource Waters
by the EMC, no CAMA permit will be approved for any project which would be inconsistent
with applicable use standards adopted by the CRC, EMC or MFC for estuarine waters, public
trust waters, or coastal wetlands. For development activities not covered by specific use stand-
ards, no permit will be issued if the activity would, based on site specific information, materially
degrade the water quality or outstanding resource values unless such degradation is temporary.
(f) Specific Use Standards for ORW Estuarine Shorelines.
(1) Within the AEC for estuarine shorelines contiguous to waters classified as ORW by the EMC,
all development projects, proposals, and designs shall limit the built upon area to no more than
25 percent of the AEC area of the land to be developed or any lower site specific percentage as
adopted by the EMC as necessary to protect the exceptional water quality and outstanding re-
source values of the ORW, and shall:
(A) have no stormwater collection system;
(B) provide a buffer zone of at least 30 feet from the mean high water line;
(C) otherwise be consistent with the use standards set out in Paragraph (e) of this Rule.
(2) Development (other than single-family residential lots) more than 75 feet from the mean high
water line but within the AEC which as of June 1, 1989:
(A) has a CAMA permit application in process, or
(B) has received preliminary subdivision plat approval or preliminary site plan approval under
applicable local ordinances, and in which substantial financial resources have been invested in
design or improvement;
will be permitted in accordance with rules and standards in effect as of June 1, 1989.
(3) Single-family residential lots which would not be buildable under the low -density standards de-
fined in Paragraph (f)(1) of this Rule may be developed for single-family residential purposes so
long as the development complies with those standards to the maximum extent possible.
(4) For ORW's nominated subsequent to June 1, 1989, the effective date in Paragraph (f)(2) of this
Rule shall be the dates of nomination by the EMC.
HistoryNote: Filed as a Temporary Amendment Eff. December 18, 1981, for a Period of
120 Days to Expire on April 15, 1982;
Statutory Authority G.S. 113A-107(b); 113A-108; 113A-113(b); 113A-124;
Eff. September 9, 1977;
Amended Eff. October 1, 1989, July 1, 1989; March 1, 1988; December 1, 1985.
•
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EHNR - COASTAL MANAGEMENT TIS: 0711.0300
SECTION .0300 OCEAN HAZARD AREAS
.0301 OCEAN HAZARD CATEGORIES
The next broad grouping is composed of those AECs that are considered natural hazard areas along
the Atlantic Ocean shoreline where, because of their special vulnerability to erosion or other adverse
effects of sand, wind, and water, uncontrolled or incompatible development could unreasonably en-
danger life or property. Ocean hazard areas include beaches, frontal dunes, inlet lands, and other areas
in which geologic, vegetative and soil conditions indicate a substantial possibility of excessive erosion
or flood damage.
History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b) (6a);
113A-113(b)(6b); 113A-113(b)(6d); 113A-124;
Eff. September 9, 1977.
.0302 SIGNIFICANCE OF TIIE OCEAN HAZARD CATEGORY
(a) The primary causes of the hazards peculiar to the Atlantic shoreline are the constant forces exerted
by waves, winds, and currents upon the unstable sands that form the shore. During storms, these forces
are intensified and can cause significant changes in the bordering landforms and to structures located
on them. Hazard area property is in the ownership of a large number of private individuals as well as
several public agencies and is used by a vast number of visitors to the coast. Ocean hazard areas are
critical, therefore, because of both the severity of the hazards and the intensity of interest in the areas.
(b) The location and form of the various hazard area landforms, in particular the beaches, dunes, and
inlets, are in a permanent state of flux, responding to meteorologically induced changes in the wave
climate. For this reason, the appropriate location of structures on and near these landforms must be
reviewed carefully in order to avoid their loss or damage. As a whole, the same flexible nature of these
landforms which presents hazards to development situated immediately on them offers protection to
the land, water, and structures located landward of them. The value of each landform lies in the par-
ticular role it plays in affording protection to life and property. (The role of each landform is described
in detail in Technical Appendix 2 in terms of the physical processes most important to each.) Overall,
however, the energy dissipation and sand storage capacities of the landforms. are most essential for the
maintenance of the landforms' protective function.
History'Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b)(6a);
113A-113(b) (6b); 113A-113(b) (6d); 113A-124;
Eff. September 9, 1977.
.0303 MANAGEMENT OBJECTIVE OF OCEAN HAZARD AREAS
(a) The CRC recognizes that absolute safety from the destructive forces indigenous to the Atlantic
shoreline is an impossibility for development located adjacent to the coast. The loss of life and property
to these forces, however, can be greatly reduced by the proper location and design of shoreline struc-
tures and by care taken in prevention of damage to natural protective features particularly primary and
frontal dunes. Therefore, it is the CRC's objective to provide management policies and standards for
ocean hazard areas that serve to eliminate unreasonable danger to life and property and achieve a bal-
ance between the financial, safety, and social factors that are involved in hazard area development.
(b) The purpose of these Regulations shall be to further the goals set out in G.S. 113A-102(b), with
particular attention to minimizing losses to life and property resulting from storms and long-term ero-
sion, preventing encroachment of permanent structures on public beach areas, and reducing the public
costs of inappropriately sited development. Furthermore, it is the objective of the Coastal Resources
Commission to protect , present common-law and statutory public rights of access to the lands and
waters of the coastal area.
History Note: Statutory Authority G.S. 113A-107(b); 113A-113(b) (6) (a); 113A-113(b) (6) (b);
113A-113(b)(6)(d); 113A-124;
Eff. September 9, 1977;
Amended Eff. September 1, 1985; February 2, 1981.
.0304 AECs WITHIN' OCEAN HAZARD AREAS
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EHNR - COASTAL n1ANAGEAIENT T15: 07H .0300
The ocean hazard system of AECs contains all of the following areas:
(1) Ocean Erodible Area. This is the area in which there exists a substantial possibility of excessive
erosion and significant shoreline fluctuation. The seaward boundary of this area is the mean low
water line. The landward extent of this area is determined as follows:
(a) a distance landward from the first line of stable natural vegetation to the recession line that would
be established by multiplying the long-term annual erosion rate times 60, provided that, where
there has been no long-term erosion or the rate is less than two feet per year, this distance shall
be set at 120 feet landward from the first line of stable natural vegetation. For the purposes of
this Rule, the erosion rates shall be those set forth in tables entitled "Long Term Annual Erosion
Rates updated through 1986" and approved by the Coastal Resources Commission on July 29,
1988 (except as such rates may be varied in individual contested cases, declaratory or interpretive
rulings). The tables are available without cost from any local permit officer or the Division of
Coastal Management; and
(b) a distance landward from the recession line established in Subparagraph (a) of this Paragraph
to the recession line that would be generated by a storm having a one percent chance of being
equalled or exceeded in any given year.
(2) The high Hazard Flood Area. This is the area subject to high velocity waters (including, but
not limited to, hurricane wave wash) in a storm having a one percent chance of being equalled or
exceeded in any given year, as identified as zone VI-30 on the flood insurance rate maps of the
Federal Insurance Administration, U.S. Department of Housing and Urban Development. In the
absence of these rate maps, other available base flood elevation data prepared by a federal, state,
or other source may be used, provided said data source is approved by the CRC.
(3) Inlet Hazard Area. The inlet hazard areas are natural -hazard areas that are especially vulnerable
to erosion, flooding and other adverse effects of sand, wind, and water because of their proximity
to dynamic ocean inlets. This area shall extend landward from the mean low water line a distance
sufficient to encompass that area within which the inlet will, based on statistical analysis, migrate,
and shall consider such factors as previous inlet territory, structurally weak areas near the inlet
(such as an unusually narrow barrier island, an unusually long channel feeding the inlet, or an
overwash area), and external influences such as jetties and channelization. These areas shall be
identified on inlet hazard area maps approved by the Coastal Resources Commission. In all cases,
this area shall be an extension of the adjacent ocean erodible area and in no case shall the width
of the inlet hazard area be less than the width of the adjacent ocean erodible area.
(4) Unvegetated Beach Area. This is a dynamic area that is subject to rapid unpredictable landforin
change from wind and wave action. The areas in this category shall be designated following de-
tailed studies by the Coastal Resources Commission. These areas shall be designated on maps
approved by the Commission and available without cost from any local permit officer or the Di-
vision of Coastal Management.
History Note: Statutory Authority G.S. 113A-107; 113A-113; 113A-124,
Eff. September 9, 1977;
Amended Eff. November 1, 1988; September 1, 1986; December 1, 1985;
January 1, 1984.
.0305 GENERAL IDENTIFICATION AND DESCRIPTION OF LANDFORmS
(a) Ocean Beaches. Ocean beaches are lands consisting of unconsolidated soil materials that extend
from the mean low water line landward to a point where either:
(1) the growth of vegetation occurs, or
(2) a distinct change in slope or elevation alters the configuration of the landform, whichever is
farther landward.
(b) Primary Dunes. Primary dunes are the first mounds of sand located landward of the ocean
beaches having an elevation equal to the mean flood level (in a storm having a one percent chance of
being equalled or exceeded in any given year) for the area plus six feet. The primary dune extends
landward to the lowest elevation in the depression behind that same mound of sand (commonly referred
to as the dune trough).
(c) Frontal Dunes. In areas where there is a primary dune, that dune shall be deemed to be the
frontal dune. Where there is no primary dune, the frontal dune is deemed to be the first mound of sand
located landward of the ocean beach having sufficient vegetation, height, continuity and configuration
9
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to offer protective value. Man-made mounds seaward of the natural line of frontal dunes and dunes
created after June 1, 1979 shall not be considered to be frontal or primary dunes.
(d) General Identification. For the purpose of public and administrative notice and convenience,
each designated minor development pemut-letting agency with ocean hazard areas may designate,
subject to CRC approval, a readily identifiable land area within which the ocean hazard areas occur.
This designated notice area must include all of the land areas defined in .0304 of this Section. Natural
or man-made landmarks should be considered in delineating this area.
(e) "Vegetation Line" means the first line of stable natural vegetation, which shall be used as the
reference point for measuring oceanfront setbacks. This line represents the boundary between the
normal dry -sand beach, which is subject to constant flux due to waves, tides, storms and wind, and the
more stable upland areas. It is generally located at or immediately oceanward of the seaward toe of the
frontal dune and/or erosion escarpment. In areas where there is no stable natural vegetation present,
this line shall be established by connecting or extending the lines from the nearest adjacent vegetation .
on either side of the site and by extrapolating (by either on -ground observation or by aerial photo-
graphic interpretation) to establish the line.
(f) "Erosion Escarpment" means normal vertical drop in the beach profile caused from high tide
and/or storm tide erosion.
• (g) Measurement line means the line from which the ocean front setback as described in .0306(a)
of this Subchapter is measured in the unvegetated beach area of environmental concern as described in
.0304(a)(4) of this Subchapter. Procedures for determining the measurement line shall be adopted by
the Commission for each area where such a line is designated. These procedures shall be available from
any local permit officer or the Division of Coastal Management.
History Note: Statutory Authority G.S. 113A-107; 113A-113(b)(6); 113A-124;
Eff. September 9, 1977;
Amended Eff. September 1, 1986; December 1, 1985; February 2, 1981;
August 15, 1979.
.0306 GENERAL USE STANDARDS FOR OCEAN HAZARD AREAS
(a) In order to protect life and property, all development not otherwise specifically exempted or al-
lowed by law or elsewhere in these Regulations shall be located according to whichever of the following
rules is applicable.
(1). If neither a primary nor frontal dune exists in the AEC on or behind the lot on which the de-
velopment is proposed, the development shall be landward of the erosion setback line. The
erosion setback line shall be set at a distance of 30 times the long-term annual erosion rate from
• the first line of stable natural vegetation or measurement line, where applicable. In areas where
the rate is less than 2 feet per year, the setback line shall be 60 feet from the vegetation line or
measurement line, where applicable.
(2) If a primary dune exists in the AEC_ on or behind the lot on which the development is proposed,
the development shall be landward of the crest of the primary dune or the long-term erosion
setback line, whichever is farthest from the first line of stable natural vegetation or measurement
line, where applicable. For existing lots, however, where setting the development behind the
crest of the primary dune would preclude any practical use of the lot, development may be lo-
cated seaward of the primary dune. In such cases, the development shall be located behind the
long-term erosion setback line and shall not be located on or in front of a frontal dune. The
words "existing lots" in this Rule shall mean a lot or tract of land which, as of June 1, 1979, is
specifically described in a recorded plat and which cannot be enlarged by combining the lot or
tract of land with a contiguous lot(s) or tract(s) of land under the same ownership.
(3) If no primary dune exists, but a frontal dune does exist in the AEC on or behind the lot on which
the development proposed, the development shall be set behind the frontal dune or behind the
long-term erosion setback line, whichever is farthest from the first line of stable natural vege-
tation or measurement line, where applicable.
(4) Because large structures located immediately along the Atlantic Ocean present increased risk of
loss of life and property, increased potential for eventual loss or damage to the public beach area
and other important natural features along the oceanfront, increased potential for higher public
costs for federal flood insurance, erosion control, storm protection, disaster relief and provision
of public services such as water and sewer, and increased difficulty and expense of relocation in
the event of future shoreline loss, a greater oceanfront setback is required for these structures
NORTH CAROLINA ADMINISTRATIVE CODE 11109189 Page 3

EHNR - COASTAL 11ANAGEMENT T15: 07H .0300
than is the case with smaller structures. Therefore, in addition to meeting the criteria in this
Rule for setback behind the primary and/or frontal dune, for all multi -family residential struc-
tures (including motels, hotels, condominiums and moteliminiums) of more than 4 units or
5,000 square feet total floor area, and for any non-residential structure with a total area of more
than 5,000 square feet, the erosion setback line shall be twice the erosion setback described in
.0306(a)(1) of this Rule, provided that in no case shall this distance be less than 120 feet. In
areas where the rate is more than 3.5 feet per year, this setback line shall be set at a distance of
30 times the long-term annual erosion rate plus 105 feet.
(5) Established common-law and statutory public rights of access to public trust lands and waters
in ocean hazard areas shall not be eliminated or restricted. Development shall not encroach
upon public accessways nor shall it limit the intended use of the accessways.
(b) In order to avoid weakening the protective nature of ocean beaches and primary and frontal
dunes, no development will be permitted that involves the significant removal or relocation of primary
or frontal dune sand or vegetation thereon. If possible, other dunes within the ocean hazard area shall
be disturbed only to the extent allowed by Rule .0308(b).
(c) In order to avoid excessive public expenditures for maintaining public safety, construction or
placement of growth -inducing public facilities to be supported by public funds will be permitted in the
ocean hazard area only when such facilities: •
(1) clearly exhibit overriding factors of national or state interest and public benefit,
(2) will not increase existing hazards or damage natural buffers,
(3) will be reasonably safe from flood and erosion related damage,
(4) will not promote growth and development in ocean hazard areas.
Such facilities include, but are not limited to, sewers, waterlines, roads, bridges, and erosion control
structures.
(d) Development shall not cause major or irreversible damage to valuable documented historic ar-
chitectural or archaeological resources.
(e) Development shall be consistent with minimum lot size and set back requirements established
by local regulations.
(f) Mobile homes shall not be placed within the high hazard flood area unless they are within mobile
home parks existing as of June 1, 1979.
(g) Development shall be consistent with general management objective for ocean hazard areas set
forth in Rule .0303 of this Section.
(h) Development shall not create undue interference with legal access to, or use of, public resources.
(i) Development proposals shall incorporate all reasonable means and methods to avoid or minimize
adverse impacts of the project. These measures shall be implemented at the applicant's expense and
may include actions that will: •
(1) minimize or avoid adverse impacts by limiting the magnitude or degree of the action,
(2) restore the affected environment, or
(3) compensate for the adverse impacts by replacing or providing substitute resources.
(j) Prior to the issuance of any permit for development in the ocean hazard AECs, there shall be a
written acknowledgement from the applicant that the applicant is aware of the risks associated with
development in this hazardous area and the limited suitability of this area for permanent structures.
By granting permits, the Coastal Resources Commission does not guarantee the safety of the develop-
ment and assumes no liability for future damage to the development.
(k) All relocation of structures requires permit approval. Structures relocated with public funds shall
comply with the applicable setback line as well as other applicable AEC regulations. Structures in-
cluding septic tanks and other essential accessories relocated entirely with non-public funds shall be
relocated the maximum feasible distance landward of the present location; septic tanks may not be lo-
cated seaward of the primary structure. In these cases, all other applicable local and state rules shall
be met.
History Note: Statutory Authority G.S. 113A-107; 113A-113(b)(6); 113A-124;
Eff. September 9, 1977;
Amended Eff. March 1, 1988, September 1, 1986; December 1, 1985;
September 1, 1985.
.0307 USE STANDARDS FOR OCEAN HAZARD AREAS: EXCEPTIONS
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EHNR - COA STAL 11ANAGEMENT T15: 07H .0300
History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b)(6)a;
113f1-113(b)(6)b; 113A-113(b)(6)d,-
Eff. September 9, 1977;
Amended Eff. January 24, 1978;
Repealed Eff. September 15, 1979.
.0308 SPECIFIC USE STANDARDS
(a) Ocean Shoreline Erosion Control Activities:
(1) Use Standards Applicable to all Erosion Control Activities:
(A) Preferred erosion control measures shall be beach nourishment projects and relocation. Al-
ternative approaches will be allowed where the applicant can show that such measures are nec-
essary to provide adequate protection. Comprehensive shoreline management shall be preferred
over small scale methods.
(B) Erosion control structures which cause significant adverse impacts on the value and enjoy-
ment of adjacent properties or public access to and use of the ocean beach are prohibited. Such
structures include, but are not limited to, wooden bulkheads, seawalls, rock or rubble
• revetments, wooden, metal, concrete or rock jetties, groins and breadwaters; concrete -filled
sandbags and tire structures.
(C) Regulations concerning the use of oceanfront erosion control measures apply to all oceanfront
properties without regard to the size of the structure on the property or the date of its con-
struction.
(D) Erosion control measures which will interfere with public access to and use of the ocean
beaches are prohibited.
(E) Erosion control measures which significantly increase erosion on adjacent properties are
prohibited.
(F) All oceanfront erosion control activities, other than beach bulldozing, placement of sandbag
structures or artificial seaweed shall demonstrate sound engineering for their planned purpose
and shall be certified by a licensed engineer prior to being permitted.
(G) Shoreline erosion control projects shall not be constructed in beach or estuarine areas that
sustain substantial habitat for important wildlife species unless adequate mitigation measures are
incorporated into project design, as set forth in Rule .0306(i) of this Section.
(1I) Project construction shall be timed to have minimum significant adverse effect on biological
activity.
(I) The applicant shall notify all littoral property owners within 100' of the boundaries of the
• project site and no permit shall be issued until the property owner(s) has signed the notice form
or until a reasonable effort has been made to serve notice on the owner(s) by registered or cer-
tified mail.
(J) All oceanfront erosion control projects shall be consistent with the general policy statements
in 15 NCAC 7M .0200.
(K) Prior to beginning any beach nourishment or structural erosion control project, all exposed
remnants of or debris from failed erosion control structures must be removed by the permittee.
(L) All permitted erosion control devices shall be marked so as to allow identification for moni-
toring and potential cleanup purposes.
(IN1) Erosion control structures that would otherwise be prohibited by these standards may be
permitted on finding that:
(i) the erosion control structure is necessary to protect a bridge which provides the only ex-
isting road access to a substantial population on a barrier island; that is vital to public safety;
and is imminently threatened by erosion;
(ii) the preferred erosion control measures of relocation, beach nourishment or temporary
stabilization are not adequate to protect public health and safety; and
(iii) the proposed erosion control measure will have no adverse impacts on adjacent properties
in private ownership and will have minimal impacts on public use of the beach.
(2) Temporary Erosion Control Structures
(A) Pernuttable temporary erosion control structures include only the following:
(i) Bulkheads or similar structures made of sandbags or comparable materials;
(ii) Low sandbag groins or sandbag sediment trapping structures above mean high water pro-
vided they are continuously buried by suitable sand from an outside source.
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(B) Temporary erosion control structures as defined in (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 is less than 20 feet away from the erosion scarp.
(C) Shore -parallel temporary erosion control structures must not extend more than 20 feet past
the end of the structure to be protected. The erosion control structure also must not come.
closer than 15 feet to the applicant's side property lines unless the application is part of a joint
project with neighbors trying to protect similarly threatened structures or unless the applicant
has written permission from the affected property owner. The landward side of such temporary
erosion control structures shall not be located more than 20 feet seaward of the property to be
protected.
(D) If a temporary erosion control structure interferes with public access and use of the ocean
beach, or if it requires burial but remains continuously exposed for more than six months it must
be removed by the permittee within 30 days of notification by the Coastal Resources Commis-
sion or its representatives. In addition, the permittee shall be responsible for the removal of
remnants of all or portions of the temporary erosion control structure damaged by storms or
continued erosion.
(E) Once the temporary erosion control structure is determined to be unnecessary due to a natural
reversal of the eroding condition, relocation of the threatened structure, or adoption of an al- •
ternate erosion control method, any remnants of the temporary erosion control structure ex-
posed seaward of or on the beach must be removed by the permittee within 30 days of
notification by the Coastal Resources Commission or its representatives.
(F) Temporary sandbag bulkheads permittable by this Rule shall be of a size and configuration
consistent with their allowed purpose. Such structures may be appropriately anchored and shall
not exceed a width at their base of three sandbags or a maximum of fifteen feet. In no case shall
the structure extend below the mean high water line.
(3) Sand -Trapping Devices: Low intensity off -shore passive sand -trapping devices may be permitted
provided:
(A) A minimum of two signs no smaller than 12 inches x 18 inches will be placed, and maintained
on poles on the ocean beach at least 6' above ground level that will indicate to fishermen, surfers
and bathers that the structures or devices are present offshore.
(B) The structures or devices will be removed at the expense of the applicant should they be
documented as a nuisance to private property or to the public well being. "Nuisance" will be
defined as any interference with reasonable use of public trust waters or the ocean beaches for
navigation, swimming, fishing, sunbathing, or other recreational uses.
(C) The structures or devices will be aligned no closer than 450 feet seaward of the first line of
stable natural vegetation or 300 feet from the mean high water line, whichever is further seaward. •
(4) Beach Nourishment. Sand used for beach nourishment should be compatible with existing
grain size and type. Sand to be used for beach nourishment shall be taken only from those areas
where the resulting environmental impacts will be minimal.
(5) Beach Bulldozing. Beach bulldozing (defined as the process of moving natural beach material
from any point seaward of the first line of stable vegetation to create a protective sand dike or
to obtain material for any other purpose) is development and may be permitted as an erosion
control measure if the following conditions are met:
(A) The area on which this activity is being performed must maintain a slope of adequate grade
so as to not endanger the public or the public's use of the beach and should follow the pre -
emergency slope as closely as possible. The movement of material utilizing a bulldozer, front
end loader, backhoe, scraper, or any type of earth moving or construction equipment should
not exceed one foot in depth measured from the pre -activity surface elevation;
(B) The activity must not exceed the lateral bounds of the applicant's property unless he has
permission of the adjoining land owner(s);
(C) Movement of material from seaward of the low water line will require a CAMA Major De-
velopment and State Dredge and Fill Permit;
(D) The activity must not significantly increase erosion on neighboring properties and must not
have a significant adverse effect on important natural or cultural resources;
(E) The activity may be undertaken to protect threatened on -site waste disposal systems as well
as the threatened structure's foundations.
(b) Dune Establishment and Stabilization. Activities to establish dunes shall be allowed so long as
the following conditions are met:
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(1) Any new dunes established shall be aligned to the greatest extent possible with existing adjacent
dune ridges and shall be of the same general configuration as adjacent natural dunes.
(2) Existing primary and frontal dunes shall not, except for beach nourishment and emergency sit-
uations, be broadened or extended in an oceanward direction.
(3) Adding to dunes shall be accomplished in such a manner that the damage to existing vegetation
is minimized. The filled areas will be immediately replanted or temporarily stabilized until
planting can be successfully completed.
(4) Sand used to establish or strengthen dunes must be brought in from a source outside the ocean
hazard area and must be of the same nature as the sand in the area in which it is to be placed.
(5) No new dunes shall be created in inlet hazard areas.
(6) That sand held in storage in any dune other than frontal or primary dunes may be moved lat-
erally in order to strengthen existing primary or frontal dunes if the work would enhance the
protection to the proposed development activity.
(7) No disturbance of a dune area will be allowed when other techniques of construction can be
utilized and alternative site locations exist to avoid unnecessary dune impacts.
(c) Structural Accessways
(1) Structural accessways shall be permitted across primary dunes so long as they are designed and
• constructed in a manner which entails negligible alteration on the primary dune. Structural
accessways may not be considered threatened structures for the purpose of Paragraph (a) of this
Rule.
(2) An accessway shall be conclusively presumed to entail negligible alteration of a primary dune
if:
(A) The accessway is exclusively for pedestrian use;
(B) The accessway is less than six feet in width; and
(C) The accessway is raised on posts or pilings of five feet or less depth, so that wherever possible
only the posts or pilings touch the frontal dune. Where this is deemed impossible, the structure
shall touch the dune only to the extent absolutely necessary. In no case shall an accessway be
pemutted if it will diminish the dune's capacity as a protective barrier against flooding and ero-
sion; and
(D) Any areas of vegetation that are disturbed are revegetated as soon as feasible.
(3) An accessway which does not meet (2)(A) and (B) of this Paragraph shall be permitted only if
.it-mcets a public purpose or need which cannot otherwise be met and it meets (2)(C) of this
Paragraph. Public fishing piers shall not be deemed to be prohibited by this Rule, provided all
other applicable standards are met.
(4) In order to avoid weakening the protective nature of primary and frontal dunes a structural
accessway (such as a "Hatteras ramp") should be provided for any off -road vehicle (ORV) or
emergency vehicle access. Such accessways should be no greater than ten feet in width and
should be constructed of wooden sections fastened together over the length of the affected dune
area.
(d) Construction Standards. New construction and substantial improvements (increases of 50 percent
or more in value on square footage) to existing construction shall comply with the following standards:
(1) In order to avoid unreasonable danger to life and property, all development shall be designed
and placed so as to minimize damage due to fluctuations in ground elevation and wave action
in a 100 year storm. Any building constructed within the ocean hazard area shall comply with
Chapter 34, Volume 1 or Section 39, Volume 18 of the North Carolina Building Code, except
that when any provisions of the building code are inconsistent with any of the following AEC
standards, the more restrictive provisions shall control.
(2) All structures in the ocean hazard area shall be on pilings not less than eight inches in diameter
if round or eight inches to a side if square.
(3) All pilings shall have a tip penetration greater than eight feet below the lowest ground elevation
under the structure. For those structures which are placed closer than a line sixty times the
annual erosion rate from the most seaward line of stable natural vegetation, all pilings shall have
a tip penetration of at least five feet below mean sea level or sixteen feet below average original
grade whichever is least. For those structures so located on the primary dune or nearer to the
ocean, the pilings must extend to five feet below mean sea level.
(4) All foundations shall be adequately designed to be stable during applicable fluctuations in
ground elevation and wave forces during a 100 year storm. Cantilevered decks and walkways
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EHNR - COASTAL MANAGEMENT T15: 07H .0300
shall meet this standard or shall be designed to break -away without structural damage to the
main structure.
(5) All pilings shall be appropriately treated to resist decay, insects and corrosion.
(6) The lowest portion of the structural member of the lowest floor (excluding the pilings or col-
umns) shall be elevated above the 100 year storm elevation plus wave height addition.
(7) All exposed structural connections shall be adequately rustproofed or enclosed.
(8) All utility systems shall be located and constructed so as to minimize or eliminate storm damage.
(9) All walls below 100 year base flood level shall be designed and installed to:
(A) allow storm waters to rise and flow freely under the structure,
(B) not permit the breakaway walls themselves to become water -borne debris, and
(C) not cause the accumulation of water -borne debris. Break -away walls shall be intended to
collapse under stress without jeopardizing the structural support of the structure.
(10) No impermeable (such as asphalt or cement) surfaces shall be allowed over any functional part
of a complete septic tank system.
HistoryNote: Filed as a Temporary Amendment Eff. June 20, 1989, for a
Period of 180 Days to Expire on December 17, 1989;
Statutory Authority G.S. 113A-107(a); 113A-107(b);
113A-113(b)(6)a.,b.,d.; 113A-124,
Eff. June 1, 1979;
Amended Eff. December 1, 1989, March 1, 1988; October 1, 1987, February 1, 1986.
.0309 USE STANDARDS FOR OCEAN HAZARD AREAS: EXCEPTIONS
(a) The following types of development may be permitted seaward of the oceanfront setback re-
quirements of Rule .0306(a) of the Subchapter if all other provisions of this Subchapter and other state
and local regulations are met:
(1) campgrounds that do not involve substantial permanent structures;
(2) parking areas with clay, packed sand or similar surfaces;
(3) outdoor tennis courts;
(4) elevated decks not exceeding 500 square feet;
(5) beach accessways consistent with Rule .0308(c) of this Subchapter;
(6) unenclosed, uninhabitable gazebos with floor areas of 200 square feet or less;
(7) ..uninhabitable storage sheds with floor areas of 200 square feet or less;
(8) temporary amusement stands; and
(9) swimming pools.
In all cases, this development shall only be permitted if it is landward of the vegetation line; involves
no significant alteration or removal of primary or frontal dunes or the dune vegetation; has overwalks
to protect any existing dunes; is not essential to the continued existence and/or use of an associated
principal development; is not required to satisfy minimum requirements of local zoning, subdivision
or health regulations; and meets all other non -setback requirements of this Subchapter.
(b) Where strict application of the oceanfront setback requirements of Rule .0306(a) of this Sub-
chapter would preclude placement of permanent substantial structures on lots existing as of June 1,
1979, single family residential structures may be permitted seaward of the applicable setback line in
ocean erodible areas, but not inlet hazard areas, if each of the following conditions are met:
(1) The development is set back from the ocean the maximum feasible distance possible on the ex-
isting lot and the development is designed to minimize encroachment into the setback area;
(2) The development is at least 60 feet landward of the vegetation line;
(3) The development is not located on or in front of a frontal dune, but is entirely behind the
landward toe of the frontal dune;
(4) The development incorporates each of the following design standards, which are in addition to
those required by Rule .0308(d) of this Subchapter.
(A) All pilings have a tip penetration that extends to at least four feet below mean sea level;
(B) The footprint (the greatest exterior dimension of the structure, including covered porches and
covered stairways, when extended to ground level) of the structure be no more than 1,000 square
feet or 10 percent of the lot size, whichever is greater.
(5) All other provisions of this Subchapter and other state and local regulations are met. If the
development is to be serviced by an on -site waste disposal system, a copy of a valid permit for
such a system must be submitted as part of the CAMA permit application.
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EHNR - COASTAL JIANAGEMENT T15: 07H .0300
For the purposes of this Rule, an existing lot is a lot or tract of land which, as of June 1, 1979, is spe-
cifically described in a recorded plat and which cannot be enlarged by combining the lot or tract of land
with a contiguous lot(s) or tract(s) of land under the same ownership.
History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b) (6)a.;
113A-113(b)(6)b.; 113A-113(b)(6)d.; 113A-124,
Eff. February 2, 1981;
Amended Eff. April 1, 1987, December 1, 1985; November 1, 1983, June 9, 1981.
.0310 USE STANDARDS FOR INLET HAZARD AREAS
(a) Inlet areas as defined by Rule .0304 of this Section are subject to inlet migration, rapid and severe
changes in watercourses, flooding and strong tides. Due to this extremely hazardous nature of the inlet
hazard areas, all development within these areas shall be located in accordance with the following
standards: I
(1) All development in the inlet hazard area shall be set back from the first line of stable natural
vegetation a distance equal to the setback required in the adjacent ocean hazard area;
(2) Permanent structures shall be permitted at a density of no more than one commercial or resi-
dential unit per 15,000 square feet of land area on lots subdivided or created after July 23, 1981;
(3) Only residential structures of four units or less or non-residential structures of less than 5,000
square feet total floor area shall be allowed within the inlet hazard area;
(4) Established common-law and statutory public rights of access to the public trust lands and wa-
ters in inlet hazard areas shall not be eliminated or restricted. Development shall not encroach
upon public accessways nor shall it limit the intended use of the accessways;
(5) Shoreline stabilization structures shall be permitted only as a part of a publicly supported project;
(6) All other rules in this Subchapter pertaining to development in the ocean hazard areas shall be
applied to development within the inlet hazard areas;
(b) The types of development exempted from the ocean setback regulations in Rule .0309(a) of this
Section shall also be exempt from these inlet hazard area setback requirements.
History Note: Filed as an Temporary Amendment Eff. October 30, 1981, for a Period of
70 Days to Expire on January 8, 1982;
Filed as an Emergency Rule Eff. September 11, 1981, for a Period of
120 Days to Expire on January 8, 1982;
Statutory Authority G.S. 113A-107; 113A-113(b); 113A-124,
Eff. December 1, 1981;
• Amended Eff. March 1, 1988; September 1, 1985.
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SECTION .0400 - PUBLIC WATER SUPPLIES
.0401 PUBLIC WATER SUPPLY CATEGORIES
The third broad grouping of AECs includes valuable small surface water supply watersheds and public
water supply well fields.
History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b) (3)a; 113A-124;
Eff. September 9, 1977.
.0402 SIGNIFICANCE
(a) These vulnerable, critical water supplies, if degraded, could adversely affect public health or require
substantial monetary outlays by affected communities for alternative water source development.
(b) Uncontrolled development within the designated boundaries of a watershed or well field site could
cause significant changes in runoff patterns or water withdrawal rates that may adversely affect the
quantity and quality of the raw water supply. Also, incompatible development could adversely affect
water quality by introducing a wide variety of pollutants from homes, businesses, or industries, either •
through subsurface discharge, surface runoff, or seepage into the vulnerable water supply.
History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b) (3)a; 113A-124;
Eff. September 9, 1977.
.0403 `IANAGEMENT OBJECTIVE FOR PUBLIC WATER SUPPLIES
The CRC objective in regulating development within critical water supply areas is the protection and
preservation of public water supply well fields and A -II streams and to coordinate and establish a
management system capable of maintaining public water supplies so as to perpetuate their values to the
public health, safety, and welfare.
History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b)(3)a; 11311-124;
Eff. September 9, 1977.
.0404 AECs WITHIN PUBLIC WATER SUPPLIES
Public water supplies as a broad category include two AECs: small surface water supply watersheds
and public water supply well fields. The following discussion includes the description and the land use
standards for each. Maps of these AECs are available at the CRC and the appropriate local minor •
development permit office.
Note: Rules .0405 and .0406 of this Subchapter contain descriptions of four public water supply
areas as identified by the North Carolina Department of Human Resources, Division of Health
Services.
History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b)(3)a; 113A-124;
Eff. September 9, 1977;
Amended Eff. November 1, 1984; January 24, 1978.
.0405 SMALL SURFACE WATER SUPPLY WATERSHEDS
(a) Description. These are catchment areas situated entirely within the coastal area which contain a
water body classified as A -II by the Environmental Management Commission. This means the maxi-
mum beneficial use of these bodies of water is to serve as public water supply areas. The watershed
of the A -II water bodies has been identified by the North Carolina Department of Human Resources
for designation by the CRC.
(b) Use Standards. The CRC or local designated official shall approve an application upon finding
that the project is in accord with the following minimum standards:
(1) Ground absorption sewage disposal systems shall be located a minimum of 100 feet from A -II
surface waters.
(2) Development requiring a national pollution discharge elimination system (NPDES) permit will
be denied an AEC permit until the NPDES permit is secured.
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(3) Land -disturbing activities (land clearing, grading, and surfacing) shall be in compliance with the
mandatory standards of the North Carolina Sedimentation Pollution Control Act of 1973 in
G.S. 113A-57.
(4) In instances where a detailed hydrologic study of a small surface water supply watershed has been
made, more detailed standards may be applied.
(c) Designated Small Surface Water Supply Watersheds. The CRC has designated the following
small surface water supply watersheds and developed detailed standards as set out in this Paragraph:
(1) The fresh pond between Kill Devil Hills and Nags Head on Bodie Island and adjacent catchment
area. The Department of Human Resources proposed the fresh water lake on Bodie Island in
Dare County as an area of environmental concern:
(A) Both the towns of Nags Head and Kill Devil Hills have water treatment plants which take
their raw water from the fresh water lake located between the two towns on Bodie Island. The
lake is approximately one -quarter mile west of the U.S. 158 bypass. This fresh water lake is
supplied by groundwater from the surrounding landmass and rainfall.
(B) This area is near the Cape Hatteras National Seashore Recreation Area. In addition, Kill
Devil Hills is the site of the Wright Brothers Memorial, a national monument. As a major
tourist attraction this area draws people from across the east coast. Contamination of the water
supply could, therefore, have an effect not only on other areas of the state but the east coast as
well.
(C) To adequately protect the fresh pond, it is necessary that construction of septic tanks and
other sources of pollution within the limits of the cone of depression be regulated as follows:
(i) Within 500 feet, horizontal distance of the edge of the pond, no construction of sewers, septic
tanks nitrification fields or other possible sources of pollution shall be permitted.
(ii) Between the distances of 500 feet and 1200 feet from the edge of the pond, construction of
septic tank systems shall be limited to one single septic tank system serving a single family
residence not to exceed four bedrooms or its equivalent volume of sewage, on a lot or tract
of land not less than 40,000 square feet.
(2) The Toomers Creek Watershed. The Department of Human Resources proposed the Toomers
Creek at Wilmington in New Hanover County as an area of environmental concern. Toomers
Creek is a tributary to the Cape Fear River and is classified as Class A -II swamp waters suitable
as a source of water supply for drinking, culinary, or food processing purposes after approved
treatment equal to coagulation, sedimentation, filtration, and disinfection, etc., and any other
usage requiring waters of lower quality. Toomers Creek is utilized by the City of Wilmington
as an auxiliary supply of raw water for drinking purposes.
History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b)(3)a; 113A-124;
• Eff. September 9, 1977
Amended Eff. September 1, 1988, November 1, 1984, February 18, 1980;
January 24, 1978.
.0406 PUBLIC «'ATER SUPPLY WELL FIELDS
(a) Description. These are areas of well -drained sands that extend downward from the surface into
the shallow ground water table which supplies the public with potable water. These surficial well fields
are confined to a readily definable geographic area as identified by the North Carolina Department of
Human Resources with assistance and support from affected local governments.
(b) Use Standards. Development within these AEC's shall be consistent with the following minimum
standards:
(1) No ground absorption sewage disposal or subsurface pollution injection systems shall be placed
within the designated AEC boundary except to replace systems existing as of July 24, 1987;
(2) Development shall not significantly limit the quality or quantity of the public water supply or
the amount of rechargeable water;
(3) The development shall not cause salt water intrusion or result in the discharge of toxic and/or
soluble contaminants into standing or groundwater; and
(4) Groundwater absorption sewage treatment systems may also be used within the AEC boundary
if each of the following provisions are met:
(A) the system is serving development on a lot that was platted of record as of July 24, 1987;
(B) there is no other economically viable method of waste treatment for the permittable devel-
opment of such lot;
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(C) there is no space outside the boundaries of the AEC on the lot upon which the treatment
system could be located; and
(D) the Division of IIealth Services, Department of IIuman Resources, prior to the CAMA per-
mit decision, reviews and approves the proposed system as complying with existing guidelines.
(c) Designated public water supply well fields. The CRC has designated the following as public water
supply well fields which shall be subject to the use standards as set out in (b) of this Rule:
(1) Cape Hatteras Well Field. The Cape Hatteras Water Association is supplied with raw water
from a well field located south of N.C. 12 on Hatteras Island between Frisco and Buxton. The
area of environmental concern is bounded by a line located 1,000 feet from the centerlines of
three tracts. The first tract is identified as "well field" on maps entitled "Cape Hatteras Wellfield
Area of Environmental Concern" approved by the .Coastal Resources Commission on July 24,
1987, and extends approximately 12,000 feet west from Water Association Road. The second
tract is conterminous with the first tract, is identified as "future well field" on said maps and
extends approximately 8,000 feet to the east of Water Association Road. The third tract is
identified as "future well field" on said maps and extends approximately 6,200 feet along the
National Park Service boundary east of Water Association Road. The aquifer beneath the tracts
serves as the sole source of drinking water for the communities of Avon, Buxton, Frisco, and
Hatteras as well• as the national seashore recreation area. The wetlands, swales, and surface •
waters adjacent to the well field provide a large source of recharge and are a potential vehicle for
contaminants. Due to these facts contamination of the water supply could have an adverse ef-
fect on people other than the local residents of Hatteras Island. Water -borne disease organisms
could be easily transported to other areas of the state or the east coast by tourists who are at-
tracted to the area daily-
(2) Elizabeth City Well Field. The Department of Human Resources proposed the well field at
Elizabeth City in Pasquotank County as an area of environmental concern. The City of
Elizabeth City is supplied with raw water from a shallow well field in the southeastern section
of the Dismal Swamp at the end of SR 1309 approximately one-half mile west of the corporate
limits of Elizabeth City. The well field begins at SR 1306 and extends west into the Dismal
Swamp. The area to be designated is bounded to the south by the Southern Railway until it
intersects SR 1144, to the east by SR 1306, 1309, and 1333, and to the north and west by the
Dismal Swamp. The well field consists of approximately 250 well points piped by vacuum
systems which deliver the water to storage basins. The shallow wells deliver about two gpm
each. In addition, there are four deep wells in the field with capacities of about 400 gpm each.
Total capacity of the field is approximately 1.5 MGD. The swamp is the source of recharge.
History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b)(3)a.; 113A-124; •
Eff. September 9, 1977,
Amended Eff. October 1, 1987, November 1, 1984.
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SECTION .0500 - NATURAL AND CULTURAL RESOURCE AREAS
.0501 GENERAL
The fourth and final group of AECs is gathered under the heading of fragile coastal natural and cul-
tural resource areas and is defined as areas containing environmental, natural or cultural resources of
more than local significance in which uncontrolled or incompatible development could result in major
or irreversible damage to natural systems or cultural resources, scientific, educational, or associative
values, or aesthetic qualities.
History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b)(4e) to (b)(4g);
113A-124;
Eff. September 9, 1977;
Amended Eff. June 1, 1979.
.0502 SIGNIFICANCE
(a) Fragile coastal natural resource areas are generally recognized to be of educational, scientific, or
cultural value because of the natural features of the particular site. These features in the coastal area
serve to distinguish the area designated from the vast majority of coastal landscape and therein establish
its value. Such areas may be key components of systems unique to the coast which act to maintain
the integrity of that system.
(b) Areas that contain outstanding examples of coastal processes or habitat areas of significance to
the scientific or educational communities are a second type of fragile coastal natural resource area.
These areas are essentially self-contained units or "closed systems" minimally dependent upon adjoin-
ing areas.
(c) Finally, fragile areas may be particularly important to a locale either in an aesthetic or cultural
sense.
(d) Fragile coastal cultural resource areas are generally recognized to be of educational, associative,
scientific, aesthetic, or cultural value because of their special importance to our understanding of past
human settlement of and interaction with the coastal zone. Their importance serves to distinguish the
designated areas as significant among the historic architectural or archaeological remains in the coastal
zone, and therein established their value.
History Note: Statutory Authority G.S. 113A-107(a),(b); 113A-113(b)(4e) to (b)(4g); 113A-124;
Eff. September 9, 1977;
• Amended Eff. June 1, 1979.
.0503 NOMINATION AND DESIGNATION PROCEDURES
(a) Special Designation Process. The nomination and designation of a coastal complex natural area,
a unique coastal geologic formation, a coastal area that sustains remnant species, a significant coastal
archaeological resource, or a significant coastal historic architectural resource area of environmental
concern shall follow the procedures set forth in this Rule and in GS 113A-115.
(b) Nomination. An area may be nominated by any person or group at any time for Coastal Re-
sources Commission (CRC) consideration. Nominations may, for example, be made by citizens, in-
terest groups, local governments, or state and federal agencies. Nominations should be on a standard
form and must be submitted to the division of coastal management (DCM). The nomination shall
include relevant information relating to the location, size, importance, ownership, and uniqueness of
the proposed site. Nomination forms are. available from the division of coastal management.
(c) Preliminary Evaluation. After receipt of a nomination, the division of coastal management will
conduct a preliminary evaluation of the proposed site. The land owner, local government, and CRC
and CRAC members in whose jurisdiction the site is located will be informed of the proposed nomi-
nation. Representatives of these groups will meet to discuss the proposed nomination and will com-
plete a preliminary evaluation within 60 days after receipt of the nomination. Various protection
methods shall be examined to determine if AEC designation is appropriate.
(d) CRC Endorsement. A report on the preliminary evaluation shall be presented to the CRC so
that it may determine whether to endorse the evaluations and proceed with a more detailed analysis of
the site. This report shall be made at the first CRC meeting after the preliminary evaluation is com-
pleted. All parties involved in the nomination and preliminary evaluation will be informed, in writing,
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of the commission's decision to proceed or not to proceed with a detailed review of the site in question.
For sites that do not receive CRC endorsement for detailed review, recommendations for some other
form of protection may be discussed with the landowner. Other forms of protection include, but are
not limited to, registry with the North Carolina Natural Heritage Program, conservation easement to
a public agency or to a local conservation foundation, donation or acquisition of title, or other strate-
gies.
(e) Detailed Review. A detailed review of the proposed site will be initiated under DCM supervision
after CRC endorsement. This will include the development of a management plan, if applicable, or
site specific use standards. Opportunity shall be given to local government officials, interest groups,
and those with scientific expertise to comment on the specific biological/physical or cultural values of
the site together with appropriate management strategies to safeguard the values identified. This review
shall be completed within 90 days, starting from the date of the official CRC endorsement. At the
conclusion of this review, the report on the detailed review will be presented to the CRC for their
consideration.
(f) Public Hearing. If, after receiving the detailed review, the CRC decides to consider formal desig-
nation of the site as an AEC and adopt the particular management plan and/or use standards devel-
oped, a public hearing or hearings shall be conducted and notice of hearing published and distributed
in accordance with the requirements of G.S. 113A-115 and G.S. 15013-12. Copies of the site description
and of any proposed rules shall be made available for public inspection at the county courthouse in
each affected county and at the Raleigh Office of the Division of Coastal Management. At the
hearing(s) the CRC shall present the documentation and recommendations in support of the desig-
nation decision.
(g) Formal Designation. After consideration of all comments, the commission will make its final
judgment. If the site is designated as an AEC, the CRC will also adopt a management strategy or use
standards applicable to the AEC.
History Note: Statutory Authority G.S. 113A-107(a),(b); 113A-113(b)(4)e,f,g, and h; 113A-124;
Eff. September 9, 1977,
Amended Eff. May 1, 1988; May 1, 1985; February 1, 1982; June 1, 1979.
.0504 AECs WITHIN CATEGORY
The description, significance, and management objectives for each AEC (coastal complex natural
areas, coastal areas that sustain remnant species, unique coastal geologic formations, significant coastal
architectural resources, and significant coastal historic architectural resources) within the grouping .of
fragile coastal natural and cultural resource areas follows in Regulations .0505, .0506, .0507, .0509, and
.0510 of this Section. •
History Note: Statutory Authority G.S. 113A-107(a),(b); 113A-113(b)(4e) to (b)(4h); 113A-124;
Eff. September 9, 1977;
Amended Eff. June 1, 1979.
.0505 COASTAL AREAS THAT SUSTAIN RETMNANI' SPECIES
(a) Description. Coastal areas that sustain remnant species are those areas that support native plants
or animals determined to be rare or endangered (synonymous with threatened and endangered), within
the coastal area. Such places provide habitats necessary for the survival of existing populations or
communities of rare or endangered species within the coastal area. Determination will be made by the
commission based upon the listing adopted by the North Carolina Wildlife Resources Commission or
the federal government listing; upon written reports or testimony of experts indicating that a species is
rare or endangered within the coastal area; and upon consideration of written testimony of local gov-
ernment officials, interest groups, and private land owners.
(b) Significance. The continued survival of certain habitats that support native plants and animals
in the coastal area is vital for the preservation of our natural heritage and for the protection of natural
diversity which is related to biological stability. These habitats and the species they support provide a
valuable educational and scientific resource that cannot be duplicated.
(c) Management Objective. To protect unique habitat conditions that are necessary to the continued
survival of threatened and endangered native plants and animals and to minimize land use impacts that
might jeopardize these conditions.
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History Note: Statutory Authority G.S. 113A-107(a),(b); 113A-113(b)(4)f; 113A-124,
Eff. September 9, 1977.
.0506 COASTAL COMPLEX NATURAL AREAS
(a) Description. Coastal complex natural areas are defined as lands that support native plant and
animal communities and provide habitat qualities which have remained essentially unchanged by hu-
man activity. Such areas may be either significant components of coastal systems or especially notable
habitat areas of scientific, educational, or aesthetic value. They may be surrounded by landscape that
has been modified but does not drastically alter conditions within the natural area. Such areas may
have been altered by human activity and/or subject to limited future modifications, e.g. the placement
of dredge spoil, if the CRC determines that the modifications benefit the plant or animal habitat or
enhance the biological, scientific or educational values which will be protected by designation as an
AEC.
(b) Significance. Coastal complex natural areas function as key biological components of natural
systems, as important scientific and educational sites, or as valuable scenic or cultural resources. Often
these natural areas provide habitat suitable for threatened or endangered species or support plant and
• animal communities representative of pre -settlement conditions. These areas help provide a historical
perspective to changing natural habitats in the coastal area and together are important and irreplaceable
scientific and educational resources. The CRC may determine significance of a natural area by con-
sulting the Natural Heritage Priority List maintained by the Natural Heritage Program within the Di-
vision of Parks and Recreation. The CRC will establish a standing committee, composed of two or
more members of the CRC, one or more members of the CRAC, and three or more members of the
Natural Area Advisory Committee, to evaluate areas not included in the Natural Heritage Priority List.
(c) Management Objectives. The management objectives of this Rule are to protect the features of
a designated coastal complex natural area in order to safeguard its biological relationships, educational
and scientific values, and aesthetic qualities. Specific objectives for each of these functions shall be re-
lated to the following policy statement either singly or in combination:
(1) To protect the natural conditions or the sites that function as key or unique components of
coastal systems. The interactions of various life forms are the foremost concern and include sites
that are necessary for the completion of life cycles, areas that function as links to other wildlife
areas (wildlife corridors), and localities where the links between biological and physical envi-
ronments are most fragile.
(2) To protect the identified scientific and educational values and to ensure that the site will be ac-
- .cessible for related study purposes.
(3) To protect the values of the designated coastal complex natural area as expressed by the local
government and citizenry. These values should be related to the educational and aesthetic
qualities of the feature.
History Note: Statutory Authority G.S. 113A-107(a),(b); 113A-113(b)(4)e; 113A-24;
Eff. September 9, 1977;
Amended Eff. October 1, 1988; February 1, 1982.
.0507 UNIQUE COASTAL GEOLOGIC FORMATIONS
(a) Description. Unique coastal geologic formations are defined as sites that contain geologic for-
mations that are unique or otherwise significant components of coastal systems, or that are especially
notable examples of geologic formations or processes in the coastal area. Such areas will be evaluated
by the commission after identification by the State Geologist.
(b) Significance. Unique coastal geologic areas are important educational, scientific, or scenic re-
sources that would be jeopardized by uncontrolled or incompatible development.
(c) Management Objectives. The CRC's objective is to preserve unique resources of more than local
significance that function as key physical components of natural systems, as important scientific and
educational sites, or as valuable scenic resources. Specific objectives for each of these functions shall
be related to the following policy statements either singly or in combination:
(1) To ensure that the designated geologic feature will be able to freely interact with other compo-
nents of the identified systems. These interactions are often the natural forces acting to maintain
the unique qualities of the site. The primary concern is the relationship between the geologic
feature and the accompanying biological component associated with the feature. Other inter-
actions which may be of equal concern are those relating the geologic feature to other physical
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components, specifically the relationship of the geologic feature to the hydrologic elements;
ground water and surface runoff.
(2) To ensure that the designated geologic feature or process will be preserved for and be accessible
to the scientific and educational communities for related study purposes.
(3) To protect the values of the designated geologic feature as expressed by the local government
and citizenry. These values should be related to the educational and aesthetic qualities of the
feature.
(d) Designation. The Coastal Resources Commission hereby designates Jockey's Ridge as a unique
coastal geologic formation area of environmental concern. The boundaries of the area of environ-
mental concern shall be as depicted on a map approved by the Coastal Resources Commission on
December 4, 1987, and on file with the Division of Coastal Management. This area includes the entire
rights of way of US 158 Bypass, SR 1221 (Sound Side Road), Virginia Dare Trail, and Conch Street
where these roads bound this area. Jockey's Ridge is the tallest active sand dune along the Atlantic
Coast of the United States. Located within the Town of Nags Head in Dare County, between US 158
and Roanoke Sound, the Ridge represents the southern extremity of a back barrier dune system which
extends north along Currituck Spit into Virginia. Jockey's Ridge is an excellent example of a medano,
a large isolated hill of sand, asymmetrical in shape and lacking vegetation. Jockey's Ridge is the largest
medano in North Carolina and has been designated a National Natural Landmark by the U.S. De- •
partment of the Interior.
(e) Use Standards. Jockey's Ridge. Development within the Jockey's Ridge AEC shall be consistent
with the following minimum use standards:
(1) Development which requires the removal of greater than ten cubic yards of sand per year from
the area within the AEC boundary shall require a permit;
(2) All sand which is removed from the area within the AEC boundary in accordance with 714
.0507(e)(1) shall be deposited at locations within the Jockey's Ridge State Park designated by
the Division of Coastal Management in consultation with the Division of Parks and Recreation;
(3) Development activities shall not significantly alter or retard the free movement of sand except
when necessary for the purpose of maintaining or constructing a road, residential/commercial
structure, accessway, lawn/garden, or parking area.
History Note: Statutory Authority G.S. 113A-107(a),(b); 113A-113(b)(4)g.; 113A-124;
Eff. September 9, 1977;
Amended Eff. March 1, 1988.
.0508 USE STANDARDS
Permits for development in designated fragile coastal natural or cultural resource areas will be ap-
proved upon finding that:
(1) The proposed design and location will cause no major or irreversible damage to the stated values
of a particular resource. One or more of the following values must be considered depending upon
the stated significance of the resource:
(a) Development shall preserve the values of the individual resource as it functions as a critical
component of a natural system.
(b) Development shall not adversely affect the values of the resource as a unique scientific, associa-
tive, or educational resource.
(c) Development shall be consistent with the aesthetic values of a resource as identified by the local
government and citizenry.
(2) No reasonable alternative sites are available outside the designated AEC.
(3) Reasonable mitigation measures have been considered and incorporated into the project plan.
These measures shall include consultation with recognized authorities and with the CRC.
(4) The project will be of equal or greater public benefit than those benefits lost or damaged through
development.
(5) Use standards will not address farming and forestry activities that are exempted in the definition
of development (G.S. 11 3A- 103(5)a.4).
History Note: Statutory Authority G.S. 113A-107(a),(b); 113A-113(b)(4e) to (b)(4h); 113A-124;
Eff. September 9, 1977;
Amended Eff. February 1, 1982; June 1, 1979.
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.0509 SIGNIFICANT COASTAL ARCHAEOLOGICAL RESOURCES
(a) Description. Significant coastal archaeological resources are defined as areas that contain
archaeological remains (objects, features, and/or sites) that have more than local significance to history
or prehistory. Such areas will be evaluated by the North Carolina Historical Commission in consul-
tation with the commission as part of the procedure set forth in Rule .0503 of this Section.
(b) Significance. Significant coastal archaeological resources are important educational, scientific, or
aesthetic resources. Such resources would be jeopardized by uncontrolled or incompatible develop-
ment. In general, significant archaeological resources possess integrity of location, design, setting,
workmanship, materials, and association and:
(1) are associated with events that have made a significant contribution to the broad patterns of
history; or
(2) are associated with the lives of persons significant in history; or
(3) embody the distinctive characteristics of a type, period, or method of construction, or represent
a significant and distinguishable entity whose components may lack individual distinction; or
(4) have yielded, or may be likely to yield, information important in history or prehistory.
(c) Management Objectives. The CRC's objective is to conserve coastal archaeological resources of
• more than local significance to history or prehistory that constitute important scientific sites, or are
valuable educational, associative, :or aesthetic resources. Specific objectives for each of these functions
shall be related to the following policy statements either singly or in combination:
(1) to give the highest priority to the development of a preservation management plan to provide
long-term, effective management of the archaeological resource; only that development which
would have minimal adverse effects on the archaeological resource will be acceptable;
(2) to conserve significant archaeological resources, including their spatial and structural context and
characteristics through in -situ preservation and/or scientific study;
(3) to insure that the designated archaeological resource, or the information contained therein, be
preserved for and be accessible to the scientific and educational communities for related study
purposes;
(4) to protect the values of the designated archaeological resource as expressed by the local govern-
ment and citizenry; these values should be related to the educational, associative, or aesthetic
qualities of the resource.
(d) General Use Standards.
(1) Significant concentrations of archaeological material, preferably reflecting a full range of human
behavior, should be preserved in -situ for future research by avoidance during planned con-
struction activities. Areas for avoidance should be selected only after sufficient archaeological
investigations have been made. See Subparagraph (d)(2)(B) of this Rule to determine the na-
ture, extent, conditions and relative significance of the cultural deposits. Three avoidance
measures should be considered, preferably in combination:
(A) incorporation of "no impact" spaces in construction plans such as green spaces between lots;
(B) definition of restrictions limiting specific types of ground disturbing activities;
(C) donation of preservation easements to the state or, upon approval by the N.C. Division of
Archives and History, a legitimate historic preservation agency or organization.
(2) Any activities which would damage or destroy the fragile contents of a designated site's surface
or subsurface shall be expressly prohibited until an archaeological investigation and subsequent
resource management plan has been implemented. Such investigation and management plan
shall be developed in full consultation with the North Carolina Division of Archives and His-
tory. In this way, potentially damaging or destructive activities (e.g., construction, roads, sewer
lines, land-scaping) may be managed both during initial phases of construction and after the
development is completed. Such archaeological investigations shall comply with the following
criteria:
(A) all archaeological work will be conducted by an experienced professional archaeologist;
(B) initial archaeological investigations conducted as part of the permit review process will be
implemented in three parts: Phase I, a reconnaissance level investigation to determine the nature
and extent of archaeological materials over the designated area; Phase II, an intensive level in-
vestigation which represents a direct outgrowth of Phase I findings and through systematic data
recovery assesses the potential importance of identified concentrations of archaeological materi-
als; Phase I I1, mitigation of. adverse effects to recognized areas of importance. Evaluations of
research potential will be made and prioritized in order of importance, based upon the status
of previous research in the area and the integrity of the remains;
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(C) an archaeological research design will be required for all archaeological investigations. All
research designs will be subject to the approval of the North Carolina Division of Archives and
History prior to conducting the work. A research proposal must allow at least 30 days for re-
view and comment by the North Carolina Division of Archives and History;
(D) data will be collected and recorded accurately and systematically and artifacts will be curated
according to accepted professional standards at an approved repository.
(e) Designations. The Coastal Resources Commission hereby designates Permuda Island asa sig-
nificant coastal archaeological resource area of environmental concern. Permuda Island is a former
barrier island located within Stump Sound in southwestern Onslow County. The island is 1.2 miles
long and .1 - .25 miles wide. Archaeological -evidence indicates earliest occupation from the Middle
Woodland Period (300 B.C. - 800 A.D.) through the late Woodland Period (800 A.D. - 1650 A.D.)
and historic occupations predating the Revolutionary War. Archaeological remains on the island
consist of discrete shell heaps, broad and thick layers of shell midden, prehistoric refuse pits and
postholes, as well as numerous ceramic vessel fragments and well-preserved animal bone remains. The
resources offer extensive research opportunities.
History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b)(4h); 113A-124;
Eff. June 1, 1979, •
Amended Eff. October 1, 1988; January 1, 1985.
.0510 SIGNIFICANT COASTAL HISTORIC ARCHITECTURAL RESOURCES
(a) Description. Significant coastal historic architectural resources are defined as districts, structures,
buildings, sites or objects that have more than local significance to history or architecture. Such areas
will be evaluated by the North Carolina Historical Commission in consultation with the commission
as part of the procedure set forth in Rule .0503 of this Section.
(b) Significance. Significant coastal historic architectural resources are important educational, scien-
tific, associative, or aesthetic resources. Such resources would be jeopardized by uncontrolled or in-
compatible development. In general, significant historic architectural resources possess integrity of
design, setting, workmanship, materials, and association and:
(1) are associated with events that have made a significant contribution to the broad patterns of
history; or
(2) are associated with the lives of persons significant in history; or
(3) embody the distinctive characteristics of a type, period, or method of construction, or represent
a significant and distinguishable entity whose components may lack individual distinction; or
(4) have yielded, or may be likely to yield, information important in history.
(c) Management Objectives. The CRC's objective is to conserve coastal historic architectural re-
sources of more than local significance which are valuable educational, scientific, associative or aesthetic
resources. Specific objectives for each of these functions shall be related to the following policy state-
ments either singly or in combination:
(1) to conserve historic architectural resources as a living part of community life and development,
including their structural and environmental characteristics, in order to give a sense of orien-
tation to the people of the state;
(2) to insure that the designated historic architectural resource be preserved, as a tangible element
of our cultural heritage, for its educational, scientific, associative or aesthetic purposes;
(3) to protect the values of the designated historic architectural resource as expressed by the local
government and citizenry; these values should be related to the educational, scientific, associative
or aesthetic qualities of the resource.
History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b)(4h); 113A-124;
Eff. June 1, 1979.
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0
SECTION .0600 - DEVELOPMENT STANDARDS APPLICABLE TO ALL AECs
.0601 NO VIOLATION Or ANY RULE
No development shall be allowed in any ACC which would result in a contravention or violation of
any rules, regulations, or laws of the State of North Carolina or of local government in which the de-
velopment takes place.
History Note: Statutory Authority G.S. 113A-107(a),(b); 113A-124;
Eff. September 9, 1977.
.0602 POLLUTION Or WATERS
No development shall be allowed in any AEC whiclrwould have a substantial likelihood of causing
pollution of the waters of the state in which shellfishing is an existing use to the extent that such waters
would be officially closed to the taking of shellfish. This rule shall also apply to development adjacent
to or within closed shellfish waters when a use attainability study of those waters documents the pres-
ence of a significant shellfish resource in an area that could be expected to be opened for shellfishing
given reasonable efforts to control the existing sources of pollution.
History Note: Statutory Authority G.S. 113A-107(a),(b); 113A-124;
Eff. September 9, 1977,
Amended Eff. July 1, 1987.
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SECTION .0700 - TECIINICAL APPENDIX 1: DEFINITIONS FOR PUBLIC TRUST AREAS
.0701 MEAN HIGII WATER
.0702 MEAN WATER LEVEL
History Note: Statutory Authority G.S. 113A-107(a),(b); 113A-113(b)(5);
Eff. September 9, 1977;
Repealed Eff. November 1, 1984.
0
40
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E
SECTION .0800 - TECHNICAL APPENDIX 2: OCEAN HAZARD AREAS
.0801 PHYSICAL PROCESSES IN OCEAN HAZARD AREAS
.0802 DYNAMIC EQUILIBRIUM
.0803 BEACHES
.0804 SAND DUNES
.0805 SEDIMENT TRANSPORT
.0806 FILETS
.0807 NVASHOVER AREAS
History Note: Statutory Authority G.S. 113A-107(a),(b); 113A-ll3(b) (6)a, (b) (6)b, (b) (6)d;
Eff. September 9, 1977;
Repealed Eff. November 1, 1984.
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EHNR - COASTAL AIANAGE;IIENT T15. 07H .0900
SECTION .0900 - TECHNICAL APPENDIX 3: INLET LANDS
.0901 IDENTIFICATION PROCEDURE FOR INLET LANDS
.0902 DESIGNATION OF NON -STABILIZED INLETS
History Note: Statutory Authority G.S. 113A-107(a),(b); 113A-113(b)(6)d;
Eff. September 9, 1977;
Amended Eff. January 24, 1978;
Repealed Eff. September 15, 1979.
0
0
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i
•
SECTION .1000 - TECHNICAL APPENDIX 4: PUBLIC WATER SUPPLIES
.1001 SIMALL SURFACE WATER SUPPLY WATERSHEDS
.1002 PUBLIC WATER SUPPLY WELL FIELDS
.1003 BIBLIOGRAPHY
History Note: Statutory Authority G.S. 113A-107(a),(b); 113A-113(a),(b)(3)a;
Eff. September 9, 1977;
Amended Eff. February 18, 1980;
Repealed Eff. November 1, 1984.
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EHiVR - COASTAL MANAGEMENT T15. 0711.1100
SECTION A 100 - GENERAL PERMMIT FOR CONSTRUCTION OF BULKHEADS AND THE
PLACEMENT OF RIPRAP FOR SHORELINE PROTECTION N ESTUARINE AND PUBLIC
TRUST WATERS
.1101 PURPOSE
This permit will allow the construction of bulkheads and the placement of riprap for shoreline pro-
tection in the public trust waters and estuarine waters AECs according to authority provided in Sub-
chapter 7.1 A 100 and according to the following guidelines. This permit will not apply to shoreline
protection within the ocean hazard AEC.
History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b);
113A-118.1; 113A-124;
Eff. March 1, 1984.
.1102 APPROVAL PROCEDURE
(a) The applicant must contact the Division of Coastal Management and complete an application •
form requesting approval for development. The applicant shall provide information on site location,
dimensions of the project area, and his name and address.
(b) The applicant must provide confirmation that a written statement has been obtained signed by
the adjacent riparian property owners indicating that they have no objections to the proposed work.
(c) No work shall begin until an on -site meeting is held with the applicant and appropriate Division
of Coastal Management representative so that the proposed bulkhead alignment can be appropriately
marked. Written authorization to proceed with the proposed development may be issued during this
visit. Construction of the bulkhead or riprap structure must begin within 90 days of this visit or the
general authorization expires and it will be necessary to re-examine the alignment to determine if the
general authorization can be reissued.
History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b);
113A-118.1; 113A-124;
Eff. March 1, 1984;
Amended Eff. December 1, 1987.
.1103 PERMIT FEE
No fee will be assessed for this permit.
History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); •
113A-118.1; 113A-124;
Eff. March 1, 1984.
.1104 GENERAL CONDITIONS
(a) This permit authorizes only the construction of bulkheads and the placement of riprap conforming
to the standards herein.
(b) Individuals shall allow authorized representatives of the Department of Natural Resources and
Community Development to make periodic inspections at any time deemed necessary in order to be
sure that the activity being performed under authority of this general permit is in accordance with the
terms and conditions prescribed herein.
(c) There shall be no significant interference with navigation or use of the waters by the public by the
existence of the bulkhead or the riprap authorized herein.
(d) This general permit may be either modified, suspended or revoked in whole or in part if the de-
partment determines that such action would be in the best public interest. This general permit will not
be applicable to proposed construction where the department determines that authorization may be
warranted, but that the proposed activity might significantly affect the quality of the human environ-
ment, or unnecessarily endanger adjoining properties.
(e) This general permit will not be applicable to proposed construction when the department deter-
mines after any necessary investigations, that the proposed activity would adversely affect areas which
possess historic, cultural, scenic, conservation, or recreational values.
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EHNR - COASTAL MANAGEMENT T15. 07H .1100
(f) The department may, on a case -by -case basis, determine that the general permit shall not be ap-
plicable to a specific construction proposal. In those cases, individual permit applications and review
of the proposed project will be required according to 15 NCAC 7J.
(g) This permit does not eliminate the need to obtain any other required state, local, or federal au-
thorization.
(h) Development carried out under this permit must be. consistent with all local requirements, AEC
Guidelines, and local land use plans current at the time of authorization.
History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b);
113A-118.1; 113A-124,
Eff. March 1, 1984;
Amended Eff. December 1, 1987.
.1105 SPECIFIC CONDITIONS
(a) This general permit is applicable only along shorelines void of wetland vegetation including marsh
grass and wooded swamp, or where all construction is to be accomplished landward of such vegetation.
(b) Along natural shorelines e.g. rivers, creeks, bays, sounds, etc., bulkheads and riprap material must
• be positioned as follows:
(1) Bulkheads must be positioned so as not to exceed more than an average distance of 2 feet wa-
terward of the mean high water mark, or the normal water level contour, whichever is applicable.
In no case shall the bulkhead be positioned more than 5 feet waterward of the mean high water
or normal water level contour at any point along its alignment.
(2) Riprap must be positioned so as not to exceed a maximum of 5 feet waterward of the mean high
water mark or normal water level contour at any point along its alignment. This location
standard also applies to riprap proposed waterward of the existing bulkheads.
(c) Along shorelines within upland basins, canals, and ditches, bulkheads or riprap material must be
positioned so as not to exceed more than an average distance of 5 feet waterward of the mean high
water mark or the normal water level contour, whichever is applicable. In no case shall the bulkhead
or riprap be positioned more than 10 feet waterward of the mean high water or normal water level
contour at any point along its alignment. For the purpose of these regulations, the Atlantic Intracoastal
Waterway (AIWW) is considered a natural shoreline and development must occur as described in 711
.1105(b).
(d) Construction authorized by this general permit will be limited to a maximum shoreline length of
500 feet.
(e) All backfill material shall be obtained from an upland source.
(f) The bulkhead must be constructed, or the riprap must be in place prior to any backfilling activities.
• (g) The bulkhead or riprap must be structurally tight so as to prevent seepage of backfill materials
through the structure.
(h) Riprap material shall be free from loose dirt or any other pollutant. It must be of a size sufficient
to prevent its movement from the site by wave or current action.
(i) Riprap material must consist of clean rock or masonry materials such as but not limited to granite
or broken concrete. Materials such as tires, car bodies, scrap metal, paper products, tree limbs, wood
debris, organic material or similar material, are not considered riprap.
(j) The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet piles or
other suitable materials approved by department personnel. No excavation is permitted except for that
which may be required for the construction of the bulkhead wall, riprap, deadmeri cables, etc. This
permit does not authorize any excavation waterward of the approved alignment.
(k) Bulkheads or riprap shall not extend beyond established alignments nor restrict the original width
of the canal or basin.
(1) If one contiguous acre or more of property is to be excavated or filled, an erosion and sedimen-
tation control plan must be filed with the Division of Land Resources, Land Quality Section, or ap-
propriate local government having jurisdiction. This plan must be approved prior to commencing the
land -disturbing activity.
History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1;
113A-124;
Eff. March 1, 1984;
Amended Eff. January 1, 1989; December 1, 1987.
NORTH CAROLINA ADMINISTRATIVE CODE 11109189 Page 2

EHNR - COASTAL AIANAGENIENT TIS: 071f .1200
SECTION .1200 - GENERAL PERMIT FOR CONSTRUCTION OF PIERS: DOCKS: AND
BOAT HOUSES IN ESTUARINE AND PUBLIC TRUST WATERS
.1201 PURPOSE
This permit will allow the construction of new piers, docks, and boat houses in the estuarine and
public trust waters AECs and construction of new piers and docks within coastal wetlands AECs ac-
cording to the authority provided in Subchapter 7.1 A 100 and according to the following guidelines.
This permit will not apply to the Ocean Hazard AEC.
History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b);
113A-118.1; 113A-124;
Eff. March 1, 1984.
.1202 APPROVED PROCEDURES
(a) The applicant must contact the Office of Coastal Management and complete an application form
requesting approval for development. The applicant shall provide information on site location, di-
mensions of the project area, and his name and address.
(b) The applicant must provide confirmation that a written statement has been obtained signed by
the adjacent riparian property owners indicating that they have no objections to the proposed work.
(c) Approval of individual projects will be acknowledged in writing by the Office of Coastal Man-
agement and the applicant shall be provided a copy of this Section.
History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b);
113A-118.1; 113A-124;
Eff. ,March 1, 1984.
.1203 PER`IIT FEE
No fee will be assessed for this permit.
History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b);
113A-118.1; 113A-124,
Eff. March 1, 1984.
.1204 GENERAL CONDITIONS
(a) Structures authorized by this permit shall be non-commercial structures conforming to the stan-
dards herein.
(b) Individuals shall allow authorized representatives of the Department of Natural Resources and
Community Development to make periodic inspections at any time deemed necessary in order to be
sure that the activity being performed under the authority of this general permit is in accordance with
the terms and conditions prescribed herein.
(c) There shall be no unreasonable interference with navigation or use of the waters by the public
by the existence of piers, docks and boat houses.
(d) This general permit may be either modified, suspended or revoked in whole or in part according
to the provisions of G.S. 113A-107 if the department determines that such action would be in the best
public interest. This general permit will not be applicable to proposed construction where the depart-
ment believes that authorization may be warranted, but that the proposed activity might significantly
affect the quality of the human environment, or unnecessarily endanger adjoining properties.
(e) This general permit will not be applicable to proposed construction when the department deter-
mines, after any necessary investigations, that the proposed activity would adversely affect areas which
possess historic, cultural, scenic, conservation or recreational values.
(f) The department may, on a case -by -case basis, determine that the general permit shall not be ap-
plicable to a specific construction proposal. In those cases, individual permit applications and review
of the proposed project will be required according to 15 NCAC 7J.
(g) This permit does not eliminate the need to obtain any other required state, local, or federal au-
thorization.
(h) Development carried out under this permit must be consistent with all local requirements, AEC
Guidelines, and local land use plans current at the time of authorization.
NORTH CAROLINA AD,IIINISTRATIVE CODE 111091S9 Page 1

EHNR - COASTAL AIAJVA6ENIENT T15: 07H .I200
History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b);
113A-118.1; 113A-124;
Eff ,11arch 1, 1984.
.1205 SPECIFIC CONDITIONS
(a) Piers, docks, and boat houses may extend or be located up to a maximum of 400 feet from the
mean high water contour line, or the normal water level, whichever is applicable, or to the 4 ft. water
contour line of the water body, whichever is closer to shore.
(b) Piers, docks, and boat houses shall not extend beyond the established pier length along the same
shoreline for similar use.
(c) Piers and docks shall be elevated over coastal wetlands and shall not exceed 6 feet in width.
(d) Boat houses shall have open sides and have a floor area not to exceed 500 square feet.
(e) Piers, docks, and boat houses shall be constructed no closer than 85 feet to the near boftom edge
of any federally maintained navigation channel.
(f) Piers, docks, and boat houses shall in no case extend more than 1/3 the width of a natural water
body or man-made canal or basin.
(g) Piers, docks and boat houses shall not interfere with the access to any riparian property, and shall
have a minimum setback of 15 feet between any part of the pier and the adjacent property lines ex-
tended into the water at the points that they intersect the shoreline. The minimum setbacks provided
in the regulation may be waived by the written agreement of the adjacent riparian owner(s), or when
two adjoining riparian owners are co -applicants. Should the adjacent property be sold before con-
struction of the pier commences, the applicant shall obtain a written agreement with the new owner
waiving the minimum setback and submit it to the Office of Coastal Management prior to initiating
any development of the pier, dock, or boat house. The line of division of areas of riparian access shall
be established by drawing a line along the channel or deep water in front of the property, then draw a
line perpendicular to the line of the channel so that it intersects with the shore at the point the upland
property line meets the water's edge.
(h) Piers and docks may have "T" heads or platforms not exceeding 500 square feet built at their
waterward end and not covering any vegetated wetland areas.
(i) For all new or replacement floating facilities, flotation units shall be constructed of material which
will not become waterlogged or sink when punctured.
(j) This general permit is not applicable on ocean beaches.
History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b);
113A-118.1; 113A-124;
Eff. ,March 1, 1984.
NORTH CAROLINA ADAILVISTRATIVE CODE 11109189 . Page 2

EHNR - COASTAL AIA NA GE 1 IE Al T T15: 0711.1300
SECTION .1300 - GENERAL PERMIT TO MAINTAIN: REPAIR AND CONSTRUCT BOAT
RAMPS ALONG ESTUARINE SHORELINES AND INTO ESTUARINE AND PUBLIC TRUST
WATERS
.1301 PURPOSE
This permit will allow the construction of boat ramps of suitable materials along estuarine shorelines
and into estuarine and public trust waters AECs according to the authority provided in Subchapter 7J
.1100 and according to the following guidelines. This permit will not apply to the Ocean Hazard AEC.
History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b);
113A-118.1; 113A-124;
Eff. March 1, 1984.
.1302 APPROVAL PROCEDURES
(a) The applicant must contact the Office of Coastal Management and complete an application form
requesting approval for development. The applicant shall provide information on site location, di- •
mensions of the project area, and his name and address.
(b) The applicant must provide confirmation that a written statement has been obtained, signed by
the adjacent riparian property owners indicating that they have no objections to the proposed work.
(c) No work shall begin until an on -site meeting is held with the applicant and appropriate Office of
Coastal Management representative so that the proposed boat ramp alignment can be appropriately
marked. Written authorization to proceed with the proposed development will be issued during this
visit. Construction of the boat ramp structure must begin within 90 days of this visit or the general
authorization expires.
History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b);
113A-118.1; 113A-124;
Eff. March 1, 1984.
1303 PERMIT PEE
No fee will be assessed for this permit.
History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b);
113A-118.1; 113A-124; •
Eff. March 1, 1984.
.1304 GENERAL CONDITIONS
(a) Structures authorized by this permit shall be non-commercial boat ramps constructed of accept-
able material and conforming to the standards herein.
(b) Individuals shall allow authorized representatives of the Department of Natural Resources and
Community Development to make periodic inspections at any time deemed necessary in order to be
sure that the activity being performed under authority of this general permit is in accordance with the
terms and conditions prescribed herein.
(c) There shall be no unreasonable interference with navigation or public use of the waters during
or after construction.
(d) This general permit may be either modified, suspended or revoked in whole or in part according
to the provisions of G.S. 113A-107 if the department determines that such action would be in the best
public interest. This general permit will not be applicable to proposed construction where the depart-
ment believes that authorization may be warranted, but that the proposed activity might significantly
affect the quality of the human environment, or unnecessarily endanger adjoining properties.
(e) This general permit will not be applicable to proposed construction when the department deter-
mines, after any necessary investigations, that the proposed activity would adversely affect areas which
possess historic, cultural, scenic, conservation or recreational values.
(f) The department may, on a case -by -case basis, determine that the general permit shall not be ap-
plicable to a specific construction proposal. In those cases, individual permit applications and review
of the proposed project will be required according to 15 NCAC 7J.
NORTH CAROLINA AD,IILVISTRATIVE CODE 11109189 Page 1

EHNR - COASTAL MANAGEMENT T15: 07H .1300
(g) This permit does not eliminate the need to obtain any other required state, local, or federal au-
thorization.
(h) Development carved out under this permit must be consistent with all local requirements, AEC
guidelines, and local land use plans current at the time of authorization.
History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b);
113A-118.1; 113A-124,
Eff. ,March 1, 1984.
.1305 SPECIFIC CONDITIONS
(a) Boat ramps shall be no wider than 15 feet and must not extend farther than 20 feet below the
mean high water level contour in tidal areas, or the normal water level contour in nontidal areas.
(b) Excavation and ground disturbing activities above and below the mean high water level or normal
water level will be limited to that absolutely necessary to establish adequate ramp slope and provide a
ramp no greater in size than specified by this general permit.
(c) Placement of fill materials below the mean high water level, or normal water level contour, will
be limited to the ramp structure itself. Boat ramps may be constructed of concrete, wood, steel, clean
• riprap, marl, or any other acceptable materials as approved by department personnel. No coastal
wetland vegetation shall be excavated or filled at any time during construction and subsequent use of
the proposed ramp.
i
History Note: Statutory Authority G.S. 11311-107(a); 113A-107(b); 113A-113(b);
113A-118.1; 113A-124;
Eff. March 1, 1984.
tVORTH CAROUVA ADMINISTRATIVE CODE 11109189 Page 2

EHNR - COASTAL 111ANAGENIENT T15: 07H .1400
SECTION .1400 - GENERAL PERMIT FOR CONSTRUCTION OF WOODEN GROINS IN
ESTUARINE AND PUBLIC TRUST WATERS
.1401 PURPOSE
This permit will allow the construction of wooden groins in the estuarine and public trust waters
AECs according to the authority provided in Subchapter 7.1 .1100 and according to the following
guidelines. This general permit shall not apply to the ocean hazard AEC.
History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b);
113A-118.1; 113A-124,
Eff. March 1, 1984.
.1402 APPROVAL PROCEDURE
(a) The applicant must contact the Office of Coastal Management and complete an application form
requesting approval for development. The applicant shall provide information on site location, di-
mensions of the project area, and his name and address.
(b) The applicant must provide confirmation that a written statement has been obtained, signed by •
the adjacent riparian property owners indicating that they have no objections to the proposed work.
(c) Approval of individual projects will be acknowledged in writing by the Office of Coastal Man-
agement and the applicant shall be provided a copy of this Section.
History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b);
113A-118.1; 113A-124;
Eff. ,March 1, 1984.
.1403 PERMIT FEE
No fee will be assessed for this permit.
History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b);
113A-118.1; 113A-124;
Eff. March 1, 1984.
.1404 GENERAL CONDITIONS
(a) Structures authorized by this permit shall be simple, wooden groins conforming to the standards
herein. •
(b) Individuals shall allow authorized representatives of the Department of Natural Resources and
Community Development to make periodic inspections at any time deemed necessary in order to be
sure that the activity being performed under authority of this general permit is in accordance with the
terms and conditions prescribed herein.
(c) There shall be no significant interference with navigation or use of the waters by the public by the
existence of wooden groins authorized herein.
(d) This general permit may be either modified, suspended or revoked in whole or in part according
to the provisions of G.S. I I3A-107 if the department determines that such action would be in the best
public interest. This general permit will not be applicable to proposed construction where the depart-
ment believes that authorization may be warranted, but that the proposed activity might significantly
affect the quality of the human environment, or unnecessarily endanger adjoining properties.
(e) This general permit will not be applicable to proposed construction when the department deter-
mines, after any necessary investigation, that the proposed activity would adversely affect areas which
possess historic, cultural, scenic, conservation or recreational values.
(f) The department may, on a case -by -case basis, determine that the general permit shall not be ap-
plicable to a specific construction proposal. In those cases, individual permit applications and review
of the proposed project will be required according to Subchapter 7J.
(g) This permit does not eliminate the need to obtain any other required state, local, or federal au-
thorization.
(h) Development carved out under this penrut must be consistent with all local requirements, AEC
Guidelines, and local land use plans current at the time of authorization.
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EH.NR - COASTAL MANAGEMENT
History Note: Statutory Authority G.S. 113A-107(a) 113A-107(b); 113A-113(b);
113A-118.1; 113A-124;
Eff. March 1, 1984.
T15: 07H .1400
.1405 SPECIFIC CONDITIONS
(a) Groins shall not extend more than 25 feet waterward of the mean high water or normal water level
unless a longer structure can be justified by site specific conditions, sound engineering and design
principles.
(b) Groins shall be set back a minimum of 15 feet from the adjoining property lines. This setback
may be waived by written agreement of the adjacent riparian owner(s) or when two adjoining riparian
owners are co -applicants. Should the adjacent property be sold before construction of the groin com-
mences, the applicant shall obtain a written agreement with the new owner waiving the minimum set-
back and submit it to the permitting agency prior to initiating any development of the groin.
(c) The height of groins shall not exceed 1 foot above mean high water or the normal water level.
(d) No more than two structures shall be allowed per 100 feet of shoreline unless the applicant can
provide evidence that more structures are needed for shoreline stabilization.
(e) "L" and "T" sections shall not be allowed at the end of groins.
History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b);
113A-118.1; 113A-124;
Eff. March 1, 1984.
:FORTH CAROLINA AD,IIINISTRATIVE CODE 11109189 Page 2

EIINR - COASTAL AIANAGEi11ENT T15: 07H .IS00
SECTION .1500 - GENERAL PERMIT FOR EXCAVATION WITHIN OR CONVECTING TO
EXISTING CANALS: CIIANNEIS: BASINS: OR DITCHES IN ESTUARINE WATERS:
PUBLIC TRUST WATERS: AND ESTUARINE SHORELINE AEC'S
.1501 PURPOSE
This permit will allow excavation within existing canals, channels, basins and ditches in estuarine and
public trust waters for the purpose of maintaining previous water depths and creating new boat basins
from non -wetland areas that will be used for private, non-commercial activities. This general permit
is being developed according to the procedures outlined in Subchapter 7J A 100, and will apply to the
estuarine waters and public trust waters areas of environmental concern.
History Note: Statutory Authority G.S. 113A-107(a),(b); 113A-113(b); 113A-118.1; 113-229(cl);
Eff. July 1, 1984;
Amended Eff. December 1, 1987.
.1502 APPROVAL PROCEDURE
(a) The applicant must contact the Division of Coastal Management and complete an application
form requesting approval for development. Applicants shall provide their name and address, the site
location and the dimensions of the project area.
(b) The applicant must provide confirmation prior to the initiation of any development that a written
statement has been signed by the adjacent riparian property owners indicating that they have no ob-
jections to the proposed work.
(c) No work shall begin until an onsite meeting is held with the applicant and a Division of Coastal
Management representative to inspect and mark the proposed area of excavation and spoil disposal.
Written authorization to proceed with the proposed development can be issued during this site visit.
All excavation must be completed within 90 days of the date of permit issuance, or the general au-
thorization expires.
History Note: Statutory Authority G.S. 113A-107(a),(b); 113A-113(b); 113A-118.1; 113-229(cl);
Eff. July 1, 1984;
Amended Eff. December 1, 1987.
.1503 APPLICATION FEE
No fee will be assessed for this permit. •
History Note: Statutory Authority G.S. 113A-107(a),(b); 113A-113(b); 113A-118.1; 113A-124;
Eff. July 1, 1984.
.1504 GENERAL CONDITIONS
(a) Individuals shall allow authorized representatives of the Department of Natural Resources and
Community Development to make periodic inspections at any time necessary to ensure that the activity
being performed under authority of this general permit is in accordance with the terms and conditions
prescribed herein.
(b) This general permit may either be modified, suspended, or revoked in whole or in part according
to the provisions of G.S. 113A-107 if the department determines that such action would be in the best
public interest. This general permit will not be applicable to proposed excavation where the depart-
ment determines that the proposed activity may significantly affect the quality of the environment or
unnecessarily endanger adjoining properties.
(c) This general permit will not be applicable to proposed excavation when the department deter-
mines that the proposed activity would adversely affect areas which possess historic, cultural, scenic,
conservation or recreational values.
(d) This general permit will not be applicable to proposed maintenance excavation when the de-
partment determines that the proposed activity will adversely affect adjacent property.
(e) The department may determine in some cases that this general permit is not applicable to a spe-
cific excavation proposal. In such cases an individual permit application and review of the proposed
project may be initiated using the application forms, fees and procedures required by 15 NCAC 7J.
NORTH CAROLINA A D.1 ILYIS TRA TI VE CODE 11109189 Page I

EHNR - COASTAL ,IIANAGE,l1ENT T15: 07H .1500
(f) This general permit authorizes maintenance excavation in canals, channels, basins and ditches
within primary nursery areas as designated by the Division of Marine Fisheries except as proscribed
by other provisions of this permit. Individual project requests will be evaluated on a case -by -case basis
and coordinated with appropriate Division of Marine Fisheries personnel. Individual projects will not
be allowed during periods of highest biological productivity.
(g) New basins within or with connections to primary nursery areas are not allowed.
(h) No new basins will be allowed that result in closure of shellfish waters according to the closure
policy of the Division of Health Services.
(i) This permit does not eliminate the need to obtain any other required state, local, or federal au-
thorization, nor, to abide by regulations adopted by any federal or other state agency.
(j) Development carried out under this permit must be consistent with all local requirements, AEC
guidelines, and local Land Use Plans current at the time of authorization.
History Note: Statutory Authority G.S. 1134-107(a),(b); 113A-113(b); 113A-118.1; 113-229(cl);
Eff. July 1, 1984;
Amended Eff. December 1, 1987.
• 1505 SPECIFIC CONDITIONS
Proposed maintenance excavation must meet each of the following specific conditions to be eligible
for authorization by this general permit.
(1) New basins will be allowed only when they are located entirely in highground and join existing
man-made canals or basins.
(2) New basins will be no larger than 50' in either length or width and no deeper than the waters they
join.
(3) New basins must be for the private non-commercial use of the land owner.
(4) Maintenance excavation must involve the removal of no more than 1,000 cubic yards of material
as part of a single and complete project.
(5) All excavated material must be placed entirely on high ground above the mean high tide or or-
dinary high water line, and above any marsh or other wetland.
(6) All spoil material must be stabilized or retained so as to prevent any excavated material from
re-entering the surrounding waters, marsh or other wetlands.
(7) The proposed project must not involve the excavation of any marsh, submerged aquatic vege-
tation, or other wetlands.
(8) Maintenance excavation must not exceed the original dimensions of the canal, channel, basin
or'ditch and in no case be deeper than 6 feet below mean low water or ordinary low water, nor
deeper than connecting channels.
• (9) No excavation may occur during times designated by the N.C. Division of Coastal Management
for protection of fish, shellfish or wildlife resources.
(10) No maintenance excavation may take place within prime shellfish areas as designated by the
N.C. Division of Marine Fisheries.
(11) Proposed excavation must not promote or provide the opportunity for a change in existing land
use at the time of project review.
(12) New basins and canals must maintain required setbacks between septic tank systems and surface
waters.
History Note: Statutory Authority G.S. 113A-107(a),(b); 113A-113(b); 113A-118.1; 113-229(cl);
Eff. July 1, 1984;
Amended Eff. September 1, 1988; December 1, 1987.
NORTH CAROLINA ADAILVISTRATIVE CODE 11109189 Page 2

EHNR - COASTAL AIANAGENIE NT T15: 0711.1600
SECTION .1600 - GENERAL PERMIT FOR THE INSTALLATION OF AERIAL AND
SUBAQUEOUS UTILTTY LINES WITH ATTENDANT STRUCTURES IN COASTAL
WETLANDS: ESTUARINE WATERS: PUBLIC TRUST WATERS AND ESTUARINE
SHORELINES
.1601 PURPOSE
This permit will allow for the installation of utility lines both aerially and/or subaqueously in the
coastal wetland, estuarine water, public trust water and estuarine shoreline AECs according to the au-
thority provided in Subchapter 7J . 1100 and according to the following guidelines. This general permit
shall not apply to the ocean hazard AECs.
History Note: Statutory Authority G.S. 113-229(el); 113A-107(a)(b); 113A-113(b); 113A-118.1;
Eff. March 1, 1985.
.1602 APPROVAL PROCEDURE
(a) The applicant must contact the Division of Coastal Management and complete an application •
form requesting approval for development. The applicant shall provide information on site location,
dimensions of the project area, and his name and address.
(b) The applicant must provide confirmation that a written statement has been obtained signed by
the adjacent riparian property owners indicating that they have no objections to the proposed work.
(c) No work shall begin until an on -site meeting is held with the applicant and appropriate Division
of Coastal Management representative so that the utility line alignment can be appropriately marked.
Written authorization to proceed with the proposed development will be issued during this visit.
Construction on the utility line must begin within twelve months of this visit or the general authori-
zation expires.
History Note: Statutory Authority G.S. 113-229(cl); 113A-107(a)(b); 113A-113(b); 113A-118.1;
Eff. March 1, 1985.
.1603 PERMIT FEE
No fee will be assessed for this permit.
History Note: Statutory Authority G.S. 113-229(cl); 113A-107(a)(b); 113A-113(b); 113A=118.1;
Eff. ;March 1, 1985. 9
.1604 GENERAL CONDITIONS
(a) Utility lines for the purpose of this general permit or any pipes or pipelines for the transportation
of potable water, and any cable, line, or wire for the transmission, for any purpose, of electrical energy,
telephone and telegraph messages, and radio and television communication.
(b) There must be no resultant change in preconstruction bottom contours. Authorized fill includes
only that necessary to backfill or bed the utility line. Any excess material must be removed to an up-
land disposal area.
(c) The utility line crossing will not adversely affect a public water supply intake.
(d) The utility line route or construction method will not disrupt the movement of those species of
aquatic life indigenous to the waterbody.
(e) Individuals shall allow authorized representatives of the Department of Natural Resources and
Community Development to make periodic inspections at any time necessary to ensure that the activity
being performed under authority of this general permit is in accordance with the terms and conditions
prescribed herein.
(f) This general pen -nit may either be amended or repealed in whole or in part according to the pro-
visions of G.S. 113A-107 if the commission determines that such action would be in the best public
interest.
(g) This general permit will not be applicable to proposed excavation where the department deter-
mines that the proposed activity may significantly affect the quality of the environment or unnecessarily
endanger adjoining properties.
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EHNR - COASTAL MANAGEMENT T15: 07H .1600
(h) This general permit will not be applicable to proposed excavation when the department deter-
mines that the proposed activity would adversely affect areas which possess historic, cultural, scenic,
conservation or recreational values.
(i) The department may determine in some cases that this general permit is not applicable to a specific
installation proposal. In such cases an individual permit application and review of the proposed project
may be initiated using the application forms, fees and procedures required by 15 NCAC 7J.
(j) This permit does not eliminate the need to obtain any other required state, local, or federal au-
thorization, nor, to abide by regulations adopted by any federal or other state agency.
(k) Development carried out under this permit must be consistent with all local requirements, AEC
guidelines, and local Land Use Plans current at the time of authorization.
History Note: Statutory Authority G.S. 113-229(cl); 113A-107(a)(b); 113A-113(b); 113A-118.1;
Eff. March 1, 1985.
.1605 SPECIFIC CONDITIONS
Proposed utility line installations must meet each of the following specific conditions to be eligible for
authorization by this general permit:
(1) All spoils which are permanently removed must be placed on a highground disposal site and
stabilized so as not to return to waters, marsh or other wetlands.
(2) Any additional backfill material required must be clean sand or rock free of organic matter.
(3) Cuts through wetlands must be minimized.
(4) Finished grades or subaqueous or wetland crossing must be returned to preproject contours.
(5) There can be no work within any productive shellfish beds.
(6) No excavation or filling activities will be permitted between April 1 and September 30 of any year
within any designated primary nursery area.
(7) Subaqueous lines must be placed at a depth of 6' below the project depth of federal projects.
In other areas they will be installed at a minimum depth of 2' below the bottom contour.
(8) The minimum clearance for aerial communication lines or any lines not transmitting electricity
will be 10' above the clearance required for bridges in the vicinity.
(9) The minimum clearance for aerial electrical transmission lines shall be consistent with those es-
tablished by the U.S. Army Corps of Engineers and U.S. Coast Guard.
(10) The installation of a utility line on pipe bents or otherwise above the elevation of mean high or
mean ordinary water must be of sufficient height to allow for traditional navigation in the water
body. Additionally the utility line must not interfere with the waterflow of normal or flood waters.
History Note: Statutory Authority G.S. 113-229(cl); 113A-107(a)(b); 113A-113(b); 113A-118.1;
Eff. March 1, 1985.
iVORTH CAROLINA ADMINISTRATIVE CODE 11109189 Page 2

EHNR - COASTAL AIANAGEA1ENT T15: 071-1.1700
SECTION .1700 - GENERAI. PERMIT FOR EMERGENCY WORK REQUIRING A CAMA
AND/OR A DREDGE AND FILL PERMIT
.1701 PURPOSE
This permit allows work necessary to protect property and/or prevent further damage to property
caused by a sudden or unexpected natural event or structural failure which imminently endangers life
or structure. For the purposes of this general permit, major storms such as hurricanes, northeasters
or southwesters may be considered a sudden unexpected natural event although such storms may be
predicted and publicized in advance.
History Note: Statutory Authority G.S. 113-229(cl); 113A-107(a),(b); 113A-113(b); 113A-118.1;
Eff. November 1, 1985.
.1702 APPROVAL PROCEDURES
(a) Any person wishing to undertake development in an area of environmental concern necessary to
protect life or endangered structures will notify the Division of Coastal Management or Local Permit
Office (LPO) when a possible emergency situation exists.
(b) The applicant may qualify for approval of work described in this permit after an onsite inspection
by the LPO or Division of Coastal Management Field Consultant and upon his findings that the pro-
posed emergency work requires a CAMA and/or Dredge and Fill permit. The LPO shall issue the
permit if the required emergency measures constitute minor development.
(c) Once the LPO or Consultant determines that the applicant's proposed project may qualify for
an emergency permit, he shall consult with the applicant and assist him in preparing an application.
The applicant shall include a sketch showing existing conditions and the proposed work.
(d) The applicant for an emergency permit must take all reasonable steps to notify adjacent riparian
landowners of the application, and prior to receiving a permit will certify by signing the permit the
following:
(1) that a copy of the application and sketch has been served on all adjacent riparian landowners,
or if service of a copy was not feasible, that the applicant has explained the project to all adjacent
riparian landowners;
(2) that the applicant has explained to all adjacent riparian landowners that they have a right to
oppose the issuance of a permit by filing objections with the local CAMA permit officer or with
the Secretary of the Department of Natural Resources and Community Development;
(3) that, as to adjacent riparian landowners not contacted, the applicant has made a reasonable at-
tempt to contact them and furnish them with the required information.
(e) All work authorized by this general permit will cease after thirty days from the date of issuance.
History Note: Statutory Authority G.S. 113-229(cl); 113A-107(a),(b); 113A-113(b); 113A-118.1;
Eff. November 1, 1985.
.1703 PERMIT FEE
No fee will be assessed for this permit.
History Note: Statutory Authority G.S. 113-229(cl); 113A-107(a),(b); 113A-113(b); 113A-118.1;
Eff. November 1, 1985.
.1704 GENERAL CONDITIONS
(a) Work permitted by means of an emergency permit shall be subject to the following limitations:
(1) No work shall begin until an onsite meeting is held with the applicant and appropriate Division
of Coastal Management representative so that the proposed emergency work can be appropri-
ately marked. Written authorization to proceed with the proposed development can be issued
during this visit.
(2) No work shall be perntted other than that which is necessary to reasonably protect against or
reduce the imminent danger caused by the emergency to restore the damaged property to its
condition immediately before the emergency, or to re-establish necessary public facilities or
transportation corridors.
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EHNR - COASTAL MANAGEMENT T15: 07H .1700
(3) Any permitted erosion control projects shall be located no more than 20 feet waterward of the
endangered structure.
(4) Fill materials used in conjunction with emergency work for storm or erosion control shall be
obtained from an upland source. Excavation below MI -ITV in the Ocean Hazard AEC may be
allowed to obtain material to fill sandbags used for emergency protection.
(5) Structural work shall meet sound engineering practices.
(6) This permit allows the use of oceanfront erosion control measures for all oceanfront properties
without regard to the size of the existing structure on the property or the date of construction.
(b) Individuals shall allow authorized representatives of the Department of Natural Resources and
Community Development to make inspections at any time deemed necessary to be sure that the activity
being performed under authority of this general permit is in accordance with the terms and conditions
prescribed herein.
(c) There shall be no unreasonable interference with navigation or public use of the waters during
or after construction.
(d) This general permit may be either modified, suspended, or revoked in whole or in part according
to the provisions of G.S. 113A-107 if the department determines that such action would be in the best
• public interest. This general permit will not be applicable to proposed construction where the depart-
ment believes that authorization may be warranted, but that the proposed activity might significantly
affect the quality of the human environment, or unnecessarily endanger adjoining properties.
(e) This general pemut will not be applicable to proposed construction when the department deter-
mines, after any necessary investigations, that the proposed activity would adversely affect areas which
possess historic, cultural, scenic, conservation, or recreational values.
(f) The department may, in a case -by -ease basis, determine that the general permit shall not be ap-
plicable to a specific construction proposal. In those cases, individual permit applications and review
of the proposed project will be required according to 15 NCAC 7J.
(g) This permit does not eliminate the need to obtain any other state, local, or federal authorization.
(h) Development carried out under this permit must be consistent with all local requirements, CAMA
regulations, and local land use plans, storm hazard mitigation, and post -disaster recovery plans current
at the time of authorization.
History Note: Statutory Authority G.S. 113-229(cl); 113A-107(a),(b); 113A-113(b); 113A-118.1;
Eff. November 1, 1985.
.1705 SPECIFIC CONDITIONS
(a) Temporary Erosion Control Structures in the Ocean Hazard AEC.
(1) Permittable temporary erosion control structures include only the following:
(A) bulkheads or similar structures made of sandbags or comparable materials;
(B) low sandbag groins or sandbag sediment trapping structures above mean high water provided
they are continuously buried by suitable sand from an outside source.
(2) Temporary erosion control structures as deemed in (1) of this Rule may be used only to protect
imminently threatened structures. Normally, a structure will be considered to be imminently
threatened if the foundation is less than 20 feet away from the erosion scarp.
(3) Shore -parallel temporary erosion control structures must not extend more than 20 feet past the
end of the structure to be protected. The erosion control structure also must not come closer
than 15 feet to the applicant's side property lines unless the application is part of a joint project
with neighbors trying to protect similarly threatened structures or unless the applicant has writ-
ten permission from the affected property owner. The landward side of such temporary erosion
control structures shall not be located more than 20 feet seaward of the property to be protected.
(4) If a temporary erosion control structure interferes with public access and use of the ocean beach,
or if it requires burial but remains continuously exposed for more than six months, it must be
removed by the permittee within 30 days of notification by the Coastal Resources Commission
or its representatives. In addition, the pemuttee shall be responsible for the removal of remains
of all or portions of the temporary erosion control structure damaged by storms or continued
erosion.
(5) Once the temporary erosion control structure is determined to be unnecessary due to a natural
reversal of the eroding condition, relocation of the threatened structure, or adoption of an al-
ternate erosion control method, any remnants or the temporary erosion control structure ex -
NORTH CAROLLVA ADMINISTRATIVE CODE 11109189 Page 2

EHNR - COASTAL MAMGENIENT TIS: 07II.1700
posed seaward of or on the beach must be removed by the permittee within 30 days of
notification by the Coastal Resources Commission or its representatives.
(6) Temporary sandbag bulkheads permittable by this Rule shall be of a size and configuration
consistent with their allowed purpose. Such structures may be appropriately anchored and shall
not exceed a width at their base of three sandbags or a maximum of 15 feet. In no case shall
the structure extend below the mean high water line.
(7) Excavation below mean high water in the Ocean Hazard AEC may be allowed to obtain material
to fill sandbags used for emergency protection.
(b) Erosion Control Structures in the Estuarine Shoreline, Estuarine Waters, and Public Trust AECs.
Work permitted by this general permit will be subject to the following limitations:
(1) no work will be permitted other than that which is necessary to reasonably protect against or
reduce the imminent danger caused by the emergency and/or to restore the damaged property
to its condition immediately before the emergency;
(2) the erosion control structure will be located no more than 20 feet waterward of the endangered .
structure;
(3) fill material used in conjunction with emergency work for storm or erosion control in the Es-
tuarine Shoreline, Estuarine Waters and Public Trust AECs will be obtained from an upland
source.
(c) Protection, Rehabilitation, or Temporary Relocation of Public Facilities and/or Transportation
Corridors.
(1) Work permitted by this general permit will be subject to the following limitations:
(A) no work will be permitted other than that which is necessary to reasonably protect against
or reduce the imminent danger caused by the emergency and/or to restore the damaged property
to its condition immediately before the emergency;
(B) the erosion control structure will be located no more than 20 feet waterward of the endangered
structure;
(C) any fill materials used in conjunction with emergency work for storm or erosion control shall
be obtained from an upland source except that dredging for fill material to protect public high-
ways or other structures of public interest will be considered on a case -by -case basis;
(D) all fill materials or structures associated with temporary relocations which are located within
Coastal Wetlands, Estuarine Water, or Public Trust AECs shall be removed after the emergency
event has ended and the area restored to predisturbed conditions.
(2) This permit only authorizes the immediate protection or temporary rehabilitation or relocation
of existing public facilities. Long-term stabilization or relocation of public facilities should be
consistent with local governments' post -disaster recovery plans and policies which are part of
their Land Use Plans.
History Note: Statutory Authority G.S. 113-229(cl); 113A-107(a),(b); 113A-113(b); 113A-118.1;
Eff. November 1, 1985.
CJ
NORTH CAROLLVA A&VILVISTRATIi'E CODE 11109/S9 Page 3

EHNR - COASTAL AIANAGE:IIENT T15: 07H .1800
SECTION .1800 - GENERAL PERMIT TO ALLOW BEACH BULLDOZING LANDWARD OF
THE MEAN HIGH WATER MARK IN THE OCEAN HAZARD AEC
.1801 PURPOSE
This permit will allow beach bulldozing needed to reconstruct or repair frontal and/or primary dune
systems. For the purpose of this general permit, beach bulldozing is defined as the process of moving
natural beach material from any point seaward of the first line of stable vegetation to repair damage to
frontal and/or primary dunes caused by a major storm event. This general permit is being developed
according to the procedures outlined in Subchapter 7J A 100 and will apply only to the Ocean Erodible
AEC. This general permit shall not apply to the Inlet Hazard AEC.
History Note: Statutory Authority G.S. 113-229(cl); 113A-107(a)(b); 113A-113(b); 113A-118.1;
Eff. December 1, 1987.
.1802 APPROVAI. PROCEDURES
(a) The applicant must contact the Division of Coastal Management or local permit officer (LPO)
and complete an application form requesting approval for development. The applicant shall provide
information on site location, dimensions of the project area, and his name and address.
(b) The applicant must provide confirmation that a written statement has been obtained and signed
by the adjacent riparian property owners indicating that they have no objections to the proposed work.
(c) No work shall begin until an on -site meeting is held with the applicant and appropriate LPO or
Division of Coastal Management representative so that the existing first line of stable natural vegetation
can be appropriately marked and recorded on the application. Written authorization to proceed with
the proposed development may be issued during this visit. All bulldozing must be completed within
30 days of the date of permit issuance or the general authorization expires.
History Note: Statutory Authority G. S. 113-229(cl); 113A-107(a)(b); 113A-113(b); 113A-118.1;
Eff. December 1, 1987.
.1803 PERMIT FEE
No fee will be assessed for this permit.
History Note: Statutory Authority G.S. 113-229(el); 113A-107(a)(b); 113A-113(b); 113A-118.1;
Eff. December 1, 1987.
.1804 GENERAL CONDITIONS
(a) Any future setback determinations which may be required shall be made using the first line of
stable natural vegetation established prior to the bulldozing activity.
(b) Individuals shall allow authorized representatives of the Department of Natural Resources and
Community Development to make periodic inspections at any time deemed necessary to ensure that
the activity being performed under authority of this general permit is in accordance with the terms and
conditions prescribed herein.
(c) This general permit may be either modified, suspended, or revoked in whole or in part if the de-
partment determines that such action would be in the best public interest. This general permit will not
be applicable to proposed construction where the department believes that authorization may be war-
ranted but that the proposed activity might significantly affect the quality of the human environment
or unnecessarily endanger adjoining properties.
(d) This general permit will not be applicable to proposed construction when the department deter-
mines after any necessary investigation that the proposed activity would adversely affect areas which
possess historical, cultural, scenic, conservation or recreational values. If a shipwreck is unearthed, all
work shall stop and both the Division of Archives and history and Coastal Management shall be con-
tacted immediately.
(e) The department may on a case by case basis determine that the general permit shall not be ap-
plicable to a specific construction proposal. In those cases, individual permit application and review
of the proposed project will be required according to 15 NCAC 7H.
(f) This general permit does not convey any rights, either in real estate or material and does not au-
thorize any injury to property or invasion of rights of others.
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EHNR - COASTAL MANAGEMENT T15: 0711.1800
(g) This permit does not eliminate the need to obtain any other required state, local or federal au-
thorization. ,
(h) Development carried out under this permit must be consistent with all local requirements, AEC
guidelines, and local Land Use Plans current at the time of authorization.
History Note: Statutory Authority G.S. 113-229(el); 113A-107(a)(b); 113A-113(b); 113A-118.1;
Eff. December 1, 1987.
.1805 SPECIFIC CONDITIONS
(a) The area in which this activity is being performed must maintain a slope of adequate grade so as
to not endanger the public or the public's use of the beach and should follow the pre -emergency slopes
as closely as possible. The movement of material by a bulldozer, front-end loader, backhoe, scraper
or any type of earth moving or construction equipment shall not exceed 1 foot in depth measured from
the pre -activity surface elevation.
(b) The activity must not exceed the lateral bounds of the applicant's property unless he has the
written permission of the adjoining landowner(s).
(c) Movement of material from seaward of the mean high water line is not authorized.
(d) The activity must not significantly increase erosion on neighboring properties and must not have
a significant adverse effect on important natural or cultural resources.
(e) Adding to dunes shall be accomplished in such a manner that the damage to existing vegetation
is minimized. The fill areas will be immediately replanted or temporarily stabilized until planting can
be successfully completed.
(f) In order to minimize adverse impacts to nesting sea turtles, no work shall occur within the period
of May 1 through November 15 of any year.
(g) If one contiguous acre or more of oceanfront property is to be excavated or filled, an erosion and
sedimentation control plan must be filed with the Division of Land Resources, Land Quality Section,
or appropriate local government having jurisdiction. This plan must be approved prior to commencing
the land disturbing activity.
History Note: Statutory Authority G.S. 113-229(el); 113A-107(a) (b); 113A-113(b); 113A-118.1;
Eff. December 1, 1987.
I*
NORTH CAROLINA AD,1171'N'ISTRATIVE CODE 11109189 Page 2

EIINR - COASTAL NIANAGENJENT TIS: 0711.1900
SECTION .1900 - GENERAL PERMIT TO ALLOW FOR TEIMPORARY STRUCTURES
WITHIN ESTUARINE AND OCEAN HAZARD AECS
.1901 PURPOSE
This permit will allow for the placement of temporary structures within estuarine and ocean hazard
AECs according to the provisions provided in Subchapter 7J A 100 and according to the guidelines in
this Subchapter.
History Note: Statutory Authority G.S. 113-229(cl); 113A-107(a)(b);
113A-113(b); 113A-118.1;
Eff. March 1, 1989.
.1902 APPROVAL PROCEDURES
(a) The applicant must contact the Division of Coastal Management and complete a general permit
application form requesting approval for development. Applicants shall provide information on site
location, dimensions of the project area, proposed activity, name, address, and telephone number.
(b) The applicant must provide confirmation that a written statement has been obtained, signed by
the adjacent riparian property owners, indicating that they have no objections to the proposed work.
(c) No work shall begin until an onsite meeting is held with the applicant and a Division of Coastal
Management representative to inspect and mark the site of construction of the proposed development.
Written authorization to proceed with the proposed development may be issued by the division during
this visit. All work must be completed and the structure removed within 180 days following the day
written authorization is issued.
History Note: Statutory Authority G.S. 113-229(el); 113A-107(a)(b);
113A-113(b); 113A-118.1;
Eff. ,March 1, 1989.
.1903 PERMITFEE
No fee will be assessed for this permit.
History Note: Statutory Authority G.S. 113-229(cl); 113A-107(a)(b);
113A-113(b); 113A-118.1;
Eff. March 1, 1989.
.1904 GENERAL CONDITIONS
(a) Temporary structures for the purpose of this general permit are those which are constructed within
the ocean hazard or estuarine system AECs and because of dimensions or functions do not meet the
criteria of the existing general permits (i.e. are not a bulkhead, pier, rip -rap, groin, etc.).
(b) There shall be no encroachment oceanward of the first line of stable vegetation within the ocean
hazard AEC by the structure.
(c) There shall be no fill activity below the plane of mean Iiigh water associated with the structure.
(d) The structure shall not be located in such a manner that will directly or indirectly adversely impact
coastal wetlands.
(e) The structure shall not disrupt the movement of those species of aquatic life indigenous to the
waterbody.
(f) Individuals shall allow authorized representatives of the Department of NRCD to make periodic
inspections at any time necessary to ensure that the activity being performed under authority of this
general permit is in accordance with the terms and conditions prescribed herein.
(g) This general permit may either be amended or repealed in whole or in part according to the pro-
visions of G.S. 113A-107 if the commission determines that such action would be in the best public
interest.
(h) This general permit will not be applicable to proposed structures when the department determines
that the proposed activity may significantly affect the quality of the environment or unnecessarily en-
danger adjoining properties.
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EHNR - COASTAL MANAGENIENT T15: 07H .1900
(i) This general permit will not be applicable to proposed structures when the department determines
that the proposed activity would adversely affect areas which possess historic, cultural, scenic, conver-
sation or recreational values.
(j) The department may determine in some cases that this general permit is not applicable to a specific
structural proposal. In such cases an individual permit application and review of the proposed project
may be initiated using the application forms, fees, and procedures required by 15 NCAC 7J.
(k) This permit does not eliminate the need to obtain any other state, local or federal authorization,
nor, to abide by regulations adopted by any federal, state, or local agency.
(1) Development carried out under this permit must be consistent with all local requirements, and
local land use plans current at the time of authorization.
History Note: Statutory Authority G.S. 113-229(cl); 113A-107(a)(b);
1134-113(b); 113A-118.1;
Eff. March 1, 1989.
.1905 SPECIFIC CONDITIONS
Proposed temporary structures must meet each of the following specific conditions to be eligible for
authorization by the general permit:
(1) All aspects of the structure shall be removed and the site returned to pre -project conditions at the
termination of this general permit.
(2) There shall be no work within any productive shellfish beds.
(3) The proposed project shall not involve the disturbance of any marsh, submerged aquatic vege-
tation, or other wetlands including excavation and/or filling of these areas.
(4) The proposed activity shall not involve the disruption of normal navigation and transportation
channels and shall be properly marked to prevent being a hazard to navigation.
(5) The proposed project shall not serve as a habitable place of residence.
(6) There shall be no adverse disturbance of existing dune structures.
(7) Development carried out under this permit shall not exceed one acre in size in accordance with
15 NCAC 2H .1002(1) and 15 NCAC 21-1.1003(a)(1).
(8) No sewage disposal system will be allowed without a permit authorized by either the Division
of Health Services or the Division of Environmental Management.
History Note: Statutory Authority G.S. 113-229(cl); 113A-107(a)(b);
1134-113(b); 113A-118.1;
Eff. March 1, 1989.
NORTH CAROLINA ADA11 ISTRATIVE CODE 11109189 Page 2

APPENDIX II
AGRICULTURAL
BEST MANAGEMENT PRACTICES FOR PAMLICO COUNTY
I. Water control structures
2. Soil samples
3. Conservation crc)ping system (rotation)
4. Crop residue and/or cover crops (natural winter vegetation)
5. No -till
6. Properly designed lagoons
7. Critical area plantings
8. Wildlife plantings
9. Waterfowl impoundments
10. Field borders
Best Management Practices listed can not be applied to every farm or
farming operation. One or more may be sufficient for improving water
quality. Soil types farm management, cropping systems, topography and
timeliness will affect applicability of Best Management Practices on each
farm.
Revised Nov., 1989
77