HomeMy WebLinkAbout39704D - Titus i2rr1.-x( I'
vAL t ! 36/0 wPS,�,,NI fill) � II S 1 ;% 1 ?n794
0 CAMA / DREDGE & FILL -
GENERAL PERMIT Previous permit#
New Modification LiComplete Reissue Partial Reissue Date previous permit issued
As authorized by the State of North Carolina, Department of Environment and Na ural Reso ces
and the Coastal Resources Commission in an area of environmental concern pursu nt to I NCAC 7.4 . Y-2 U /
Ct]'Rules attached.
Applicant Name E -it.i,m 4 7ON//t4 TI-f l^ S Pr lect Location: County O4/S/0
Address 7t/ I ( /.$4 ()Ail ciL S44-1) r r'S 'bR ti v`' Street Address/State Road/Lot#(s) c 4-;
City.) N-eAOS ►--eP. y State /vM ZIP Dk{/(PL'
Phone # ( )(-/Y3-VS:fi.7Y.-axx#( ) Subdivision c V t(lC_ .sI4-ore '
�!
Authorized Agent )0 L r- CAc$ y City 3 A)e.-+)5 i I r v ZIP -�d 7 6 G
Affected cw EW PITA ❑ES ❑PTS Phone # (1/U ) ,3s . 5t). River Basin
OEA HHF ❑IH ❑UBA 7 N/A
AEC(s): Adj.Wtr. Body C!4-D WI C is 3Ay nat nkn)
PwS: C FC:
ORW: yes /031 PNA yes / no Crit. Hab. yes / no Closest Maj.Wtr. Body Net... R ! U PP
Type of Project/Activity f rl, V li I , r--A.
Pier(dock)length �I x 11 Q! (Scale: / yf7 )
Platform(s) !v X)Ib i i- \` r
a
Finger pier(s) -4
Groin length — 1 6 / i
Llbnumberii —
r _
Bulkhead/Riprap length ; j I {
avg distance offshore
max distance offshore —_ p " i
�{ ~-
Basin,channel - l'rGLr I ,,q` ' —T` f
cubic yards -- L. 4$ 2
Boat ramp .�.... � .( , i 'I - — )
Boathouse/Boatlift 1 t i I _ I f
i I I
Beach Bulldozing I I 1 -i I .----
I
Other 1 L - —t
i
Shoreline Length - ' + ,ram--^f'�' f
SAV: not sure yes no __ ��� ,.iC___ le A ,,.���
Sandbags: not sureyes no I r I I
g !
Moratorium: n/a yes no ... —
Photos: yes no L. ( `-1- J . 1 j- i j
Waiver Attached: yes no .--
A building permit may be required by: D US I oW D - / L.See note on back regarding River Basin rules.
Notes/Special Conditions i)s. CC Mv.SY Il e1 fV A-tel a-* /S1 .3 i Pill- #bo V e
, r CCM 5ub54-24t
-013#`1 4 7-1-t-sr-7
Agent o li rinted N e Permit Officer's Signature
Sign Fuse read compliance statement on back of permit Issuing Date Expiration Date
()4t/S/0LA/ 60 - 5/l0 /s -
,y) GU
Application Fee(s) /W z Check# i/ f 7 Local PlanningJurisdiction Rover File Name
Statement of Compliance and Consistency
This permit is subject to compliance with this application, site drawing and attached general and specific conditions. Any
violation of these terms may subject the permittee to a fine or criminal or civil action;and may cause the permit to become
null and void.
This permit must be on the project site and accessible to the permit officer when the project is inspected for compliance. The
applicant certifies by signing this permit that I)prior to undertaking any activities authorized by this permit,the applicant will
confer with appropriate local authorities to confirm that this project is consistent with the local land use plan and all local
ordinances, and 2) a written statement or certified mail return receipt has been obtained from the adjacent riparian
landowner(s).
The State of North Carolina and the Division of Coastal Management, in issuing this permit under the best available
information and belief,certify that this project is consistent with the North Carolina Coastal Management Program.
River Basin Rules Applicable To Your Project:
Tar-Pamlico River Basin Buffer Rules Other:
Neuse River Basin Buffer Rules
If indicated on front of permit,your project is subject to the Environmental Management Commission's Buffer Rules for the
River Basin checked above due to its location within that River Basin. These buffer rules are enforced by the NC Division of
Water Quality. Contact the Division of Water Quality at the Washington Regional Office(252-946-6481)or the Wilmington
Regional Office(910-395-3900)for more information on how to comply with thesebuffer rules.
Division of Coastal Management Offices
Central Office Elizabeth City District Washington District
Mailing Address: 1367 U.S. 17 South 943 Washington Square Mall
1638 Mail Service Center Elizabeth City, NC 27909 Washington, NC 27889
Raleigh, NC 27699-1638 252-264-3901 252-946-6481
Location: Fax: 252-264-3723 Fax: 252-948-0478
(Serves:Camden,Chowan,Currituck, (Serves: Beaufort, Bertie,Hertford, Hyde,
Parker Lincoln Building
Dare, Gates, Pasquotank and Perquimans Tyrrell and Washington Counties)
2728 Capital Blvd. Counties)
Raleigh, NC 27604
9I9 733 2293 / 1 888 4RCOAST Morehead City District Wilmington District
Fax: 9 19 733-1495 15 I-B Hwy. 24 127 Cardinal Drive Ext.
Hestron Plaza II Wilmington, NC 28405-3845
Morehead City, NC 28557 910-395-3900
202-808-2808 Fax: 910-350-2004
Fax: 252-247-3330 (Serves: Brunswick, New Hanover,
(Serves:Carteret,Craven,Onslow-above Onslow-below New River Inlet-and
New River Inlet-and Pamlico Counties) Pender Counties)
www.nccoastalmanagement.net Revised 10/05/01
GENERAL PERMIT COMPUTER FORM 3 q,®%-.
APPLICANT NAME: /i/-,'
ADDITIONAL NAMES: Jo 4,, 61.55.i
AEC DESIG: DEVELOP AREA: tp O./ PROJ DESC:
(Will only take 6) (Will only take 1)
WORK: /4 4/ f/�
(Will only take 4) 4
ra,
MAINT:
(Will only take 4)
IMP: �W /1
(will only take 6)
ACTION EXPIRATION
-, DREDGE&FILL REQUIRED:
CAMA MAJOR DEVEL REQUIRED:
(73 21 la"liriglarMalig"--- -L1 -- 16. Mr l' AgrA11- ''' 't .
Name Of Individu.k1 Applying For Permit : F n T
Address Of `Property: 7 it' Av • ,S a FS
3( j0 AWL 0-J � o 'c vl
w�.srruiN,�` � C ty & County)
L (Lot or Street #, Street or Road,
-ils 7
ro rt adjacent to the above-
I
referenced thaThet I individualown a applying for this permit has
derb to a* Y• on the attached drawing the development
described m• p shown
they are propos g- A description or drawing, with dimensions,
should be vi with ;his letter.
(� I ha a no objections to this proposal -
W
_have obj . :, j�gne p what is being presses- a write tb
Ig vox ••._ ,
Wilmi> n. •• Ca plina. 28405 or call 910 315-3900 within
lo
days of ipt •; this mace. No zusignite i@ considAamdtbe Same
as no objactiQ1 f you have been notified by Certified Mail
4( I understand tha a pier,
dock, mooring pilings• breakwater, boat
house, lift or s= �• •1• 9s oust be set back a minimum distance of 15'
from my area of parian access unless waivl the by
me .
(If youe wish
to waive the s=. •ack, you aust
below. )
(/ W I wish to waive the 15' setback requirement.
I dgLuaL wish to waive the 15' setback requirement .
T
1
Ail. 02 0/ t.-..i.$ ,
s yture .,---, Date ili
Print wN✓aV[me < 0`- (o� Oesir.Cry
Telephone Number ',wit s► Area Code
Onslow County PlanningDepu'i
604 College Street
Jacksonville, NC 7,8540
/( (
r
/‘11
ry
12113WAILII-Shirrigajagailailagt
iingaGIEL-14141111"1"ZirrilaiglaitgallElgaNK1394"1"1".
Name Of indivi l Applying For Permit:
Address of props Y=
7 1 CkIai2g CKr'rf g5 --
2640 2#kEftRd S e t
-- - ci
(Lot or Street Street or Road, C ty & County)wEs1y(M 'U ;-llS"7
•
certif that I own property adjacent to the above-
I hereby applying for this permit has
referenced props y. The individual app Y 9
described to me a shown on the attached drawing the development
they are propos g• A description or drawing, with dimensions,
should be provi with ;his letter.
I ha e no objections to this proposal .
r �• _39Q4i within 1Q
` Caz�li�. z�,QS or pia dared � awe. an.
clays of r�iy�t • S�llisyot�• No reaPallia ti ed by Certified !sail
as no obi ectioa f .�rnu hove been
dock, mooringpil i9
MeiliELAMME
s, breakwater, boat
4( I understand this a pier. a minimum distance of 15'
house,. lift or • .�. Al must be set back
from my area of • tan access unless waivedial th by (If you wish
me me. ate blank
to waive the - • ck, you suet
below. )
I 3o wish to waive the 15' setback requirement .
11 I d( not wish to waive the 15' setback requirement .
i
-Pgtilf4f
Elnature .�;
Print Name Owls..Cwwh
Tat a ne r t Area C e
Ouslow County Planning Denali
A9tvifie 7 , ,9c . 0.F
604 College Street
NC 28540
/‘
Lr°,
F/
SECTION..1100-GENERAL PERMIT FOR CONSTRUCTION OF BULKHEADS AND THE PLACEMENT
OF RIPRAP FOR SHORELINE PROTECTION IN ESTUARINE AND PUBLIC TRUST WATERS AND
OCEAN HAZARD AREAS
15A NCAC 07H.1101 PURPOSE
A permit under this Section shall allow the construction of bulkheads and the placement of riprap for shoreline protection in
the public trust waters and estuarine waters AECs according to authority provided in Subchapter 07J.1100 and according to
the Rules in this Section. This permit shall not apply to shoreline protection along the oceanfront or to waters and shorelines
• adjacent to the Ocean Hazard AEC with the exception of those shorelines that feature characteristics of the Estuarine
Shoreline AEC. Such features include the presence of wetland vegetation,lower wave energy and lower erosion rates than the
adjoining Ocean Erodible Area.
History Note: Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 113A-124;
Eff March 1, 1984;
Amended Eff April 1,2003.
15A NCAC 0711.1102 APPROVAL PROCEDURES
(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:
(1) 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;or
(2) confirmation that the adjacent riparian property owners have been notified by certified mail of the proposed
work. Such notice should instruct adjacent property owners to provide any comments on the proposed
development in writing for consideration by permitting officials to the Division of Coastal Management
within ten days of receipt of the notice,and,indicate that no response will be interpreted as no objection.
DCM staff will review all comments and determine,based on their relevance to the potential impacts of the
proposed project,if the proposed project can be approved by a General Permit. If DCM staff finds that the
comments are worthy of more in-depth review, the applicant will be notified that he must submit an
application for a major development permit. -
(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: 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, 1990;December 1, 1987. •
15A NCAC 07H.1103 PERMIT FEE
The applicant must pay a permit fee of one hundred dollars($100.00)by check or money order payable to the Department.
History Note:. Authority G.S. 113A-107; 113A-113(b); 113A-118.1; 113A-119; 113-119.1; 113A-124;
Eff.March 1, 1984;
Amended Eff August 1, 2000;March 1, 1991.
15A NCAC 07H.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 Environment,Health,and Natural Resources 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 permit will not be applicable to proposed construction where the Department has determined,based on an initial
review of the application, that notice and review pursuant to G.S. 113A-119 is necessary because there are unresolved
questions concerning the proposed activity's impact on adjoining properties or on water quality;air quality;coastal wetlands;
cultural or historic sites;wildlife;fisheries resources;or public trust rights.
(e) This permit does not eliminate the need to obtain any other required state, local,or federal authorization.
(f) Development carried out under this permit must be consistent with all local requirements,AEC rules,and local land use
' plans current at the time of authorization.
History Note: Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 113A-124;
Eff.March 1, 1984;
Amended Eff.May 1, 1990;December 1, 1987;
RRC Objection due to ambiguity Eff May 19, 1994;
Amended Eff August 1, 1998;July 1, 1994.
15A NCAC 07H.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:
(I) Bulkheads must be positioned so as not to exceed more than an average distance of 2 feet waterward 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 Rules,the Atlantic Intracoastal
Waterway(AIWW)is considered a natural shoreline and development must occur as described in 7H.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,deadmen 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.
(I) If one contiguous acre or more of 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: 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, 1991;January 1, 1989;December 1, 1987.
SECTION.1100-GENERAL PERMIT FOR CONSTRUCTION OF BULKHEADS AND THE PLACEMENT
OF RIPRAP FOR SHORELINE PROTECTION IN ESTUARINE AND PUBLIC TRUST WATERS AND
OCEAN HAZARD AREAS
15A NCAC 07H.1101 PURPOSE
A permit under this Section shall allow the construction of bulkheads and the placement of riprap for shoreline protection in
the public trust waters and estuarine waters AECs according to authority provided in Subchapter 07J.1100 and according to
the Rules in this Section. This permit shall not apply to shoreline protection along the oceanfront or to waters and shorelines
adjacent to the Ocean Hazard AEC with the exception of those shorelines that feature characteristics of the Estuarine
Shoreline AEC. Such features include the presence of wetland vegetation,lower wave energy and lower erosion rates than the
adjoining Ocean Erodible Area.
History Note: Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 113A-124;
Eff March 1, 1984;
Amended Eff April 1, 2003.
15A NCAC 0711.1102 APPROVAL PROCEDURES
(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. 0
(b) The applicant must provide:
(1) 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;or
- (2) confirmation that the adjacent riparian property owners have been notified by certified mail of the proposed
work. Such notice should instruct adjacent property owners to provide any comments on the proposed
development in writing for consideration by permitting officials to the Division of Coastal Management
within ten days of receipt of the notice,and,indicate that no response will be interpreted as no objection.
DCM staff will review all comments and determine,based on their relevance to the potential impacts of the
proposed project,if the proposed project can be approved by a General Permit. If DCM staff finds that the
comments are worthy of more in-depth review, the applicant will be notified that he must submit an
application for a major development permit.
(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: 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, 1990;December 1, 1987.
15A NCAC 07H.1103 PERMIT FEE
The applicant must pay a permit fee of one hundred dollars($100.00)by check or money order payable to the Department.
History Note: Authority G.S. 113A-107; 113A-113(b); 113A-118.1; 113A-119; 113-119.1; 113A-124;
Eff March 1, 1984;
Amended Eff August 1, 2000;March 1, 1991.
15A NCAC 07H.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 Environment,Health,and Natural Resources 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 permit will not be applicable to proposed construction where the Department has determined,based on an initial
review of the application, that notice and review pursuant to G.S. 113A-119 is necessary because there are unresolved
questions concerning the proposed activity's impact on adjoining properties or on water quality;air quality;coastal wetlands;
cultural or historic sites;wildlife;fisheries resources;or public trust rights.
(e) This permit does not eliminate the need to obtain any other required state,local,or federal authorization.
(f) Development carried out under this permit must be consistent with all local requirements,AEC rules,and local land use
plans current at the time of authorization.
History Note: Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 113A-124;
Eff. March 1, 1984;
Amended Eff May 1, 1990;December 1, 1987;
RRC Objection due to ambiguity Eff May 19, 1994;
Amended Eff August 1, 1998;July 1, 1994.
15A NCAC 07H.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 waterward 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 Rules,the Atlantic Intracoastal
Waterway(AIWW)is considered a natural shoreline and development must occur as described in 7H.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,deadmen 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.
(I) If one contiguous acre or more of 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: Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 113A-124;
Eff March 1, 1984;AmendedEff December 1, 1991;January 1, 1989;December 1, 1987.
1 -
SECTION.1100-GENERAL PERMIT FOR CONSTRUCTION OF BULKHEADS AND THE PLACEMENT
OF RIPRAP FOR SHORELINE PROTECTION IN ESTUARINE AND PUBLIC TRUST WATERS AND
OCEAN HAZARD AREAS
15A NCAC 07H.1101 PURPOSE
A permit under this Section shall allow the construction of bulkheads and the placement of riprap for shoreline protection in
the public trust waters and estuarine waters AECs according to authority provided in Subchapter 07J.1100 and according to
the Rules in this Section. This permit shall not apply to shoreline protection along the oceanfront or to waters and shorelines
adjacent to the Ocean Hazard AEC with the exception of those shorelines that feature characteristics of the Estuarine
•
Shoreline AEC. Such features include the presence of wetland vegetation,lower wave energy and lower erosion rates than the
adjoining Ocean Erodible Area.
History Note: Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 113A-124;
Eff.March 1, 1984;
Amended Eff.April 1, 2003.
15A NCAC 07H.1102 APPROVAL PROCEDURES
(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:
(1) 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;or
(2) confirmation that the adjacent riparian property owners have been notified by certified mail of the proposed
work. Such notice should instruct adjacent property owners to provide any comments on the proposed
development in writing for consideration by permitting officials to the Division of Coastal Management
within ten days of receipt of the notice,and,indicate that no response will be interpreted as no objection.
DCM staff will review all comments and determine,based on their relevance to the potential impacts of the
proposed project,if the proposed project can be approved by a General Permit. If DCM staff finds that the
comments are worthy of more in-depth review, the applicant will be notified that he must submit an
application for a major development permit.
(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: AuthorityGS 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 113A-124;
Eff.March 1, 1984;
Amended Eff.January 1, 1990;December I, 1987.
i
15A NCAC 07H.1103 PERMIT FEE The applicant must pay a permit fee of one hundred dollars($100.00)by check or money order payable to the Department.
History Note: Authority G.S. 113A-107; 113A-113(b); 113A-118.1; 113A-119; 113-119.1; 113A-124;
Eff.March I, 1984;
Amended Eff.August 1, 2000;March 1, 1991.
15A NCAC 07H.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 Environment,Health,and Natural Resources 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.permit will not be applicable to proposed construction where the Department has determined,based on an initial
review of the application, that notice and review pursuant to G.S. 113A-119 is necessary because there are unresolved
questions concerning the proposed activity's impact on adjoining properties or on water quality;air quality;coastal wetlands;
cultural or historic sites;wildlife;fisheries resources;or public trust rights.
(e) This permit does not eliminate the need to obtain any other required state,local,or federal authorization.
(f) Development carried out under this permit must be consistent with all local requirements,AEC rules,and local land use
plans current at the time of authorization.
History Note: Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 113A-124;
Eff March I, 1984;
Amended Eff.May 1, 1990;December 1, 1987;
RRC Objection due to ambiguity Eff.May 19, 1994;
Amended Eff.'August 1, 1998;July 1, 1994.
15A NCAC 07H.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 oft feet waterward 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 Rules,the Atlantic Intracoastal
Waterway(AIWW)is considered a natural shoreline and development must occur as described in 7H.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
I , approved by department personnel. No excavation is permitted except for that which may be required for the construction of
the bulkhead wall,riprap,deadmen 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 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: 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, 1991;January I, 1989;December 1, 1987.
SECTION.1100-GENERAL PERMIT FOR CONSTRUCTION OF BULKHEADS AND THE PLACEMENT
OF RIPRAP FOR SHORELINE PROTECTION IN ESTUARINE AND PUBLIC TRUST WATERS AND
OCEAN HAZARD AREAS
15A NCAC 07H.1101 PURPOSE
A permit under this Section shall allow the construction of bulkheads and the placement of riprap for shoreline protection in
the public trust waters and estuarine waters AECs according to authority provided in Subchapter 07J.1100 and according to
the Rules in this Section. This permit shall not apply to shoreline protection along the oceanfront or to waters and shorelines
adjacent to the Ocean Hazard AEC with the exception of those shorelines that feature characteristics of the Estuarine
Shoreline AEC. Such features include the presence of wetland vegetation,lower wave energy and lower erosion rates than the
adjoining Ocean Erodible Area.
History Note: Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 113A-124;
Eff March 1, 1984;
Amended Eff.April 1, 2003.
15A NCAC 0711.1102 APPROVAL PROCEDURES
(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:
(1) 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;or
(2) confirmation that the adjacent riparian property owners have been notified by certified mail of the proposed
work. Such notice should instruct adjacent property owners to provide any comments on the proposed
development in writing for consideration by permitting officials to the Division of Coastal Management
within ten days of receipt of the notice,and,indicate that no response will be interpreted as no objection.
DCM staff will review all comments and determine,based on their relevance to the potential impacts of the
proposed project,if the proposed project can be approved by a General Permit. If DCM staff finds that the
comments are worthy of more in-depth review, the applicant will be notified that he must submit an
application for a major development permit.
(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: 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, 1990;December 1, 1987. -
15A NCAC 07H.1103 PERMIT FEE The applicant must pay a permit fee of one hundred dollars($100.00)by check or money order payable to the Department.
History Note: Authority G.S. 113A-107; 113A-113(b); 113A-118.1; 113A-119;•113-119.1; 113A-124;
Eff March 1, 1984;
Amended Eff August 1, 2000;March 1, 1991.
15A NCAC 07H.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 Environment,Health,and Natural Resources 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 permit will not be applicable to proposed construction where the Department has determined,based on an initial
review of the application, that notice and review pursuant to G.S. 1 13A-119 is necessary because there are unresolved
questions concerning the proposed activity's impact on adjoining properties or on water quality;air quality;coastal wetlands;
cultural or historic sites;wildlife;fisheries resources;or public trust rights.
(e) This permit does not eliminate the need to obtain any other required state, local,or federal authorization.
(f) Development carried out under this permit must be consistent with all local requirements,AEC rules,and local land use
plans current at the time of authorization.
HistwyNote: Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 113A-124;
Eff. March 1, 1984;
Amended Eff.May 1, 1990;December 1, 1987;
RRC Objection due to ambiguity Eff. May 19, 1994;
Amended Eff.August I, 1998;July 1, 1994.
15A NCAC 07H.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 waterward 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 Rules,the Atlantic Intracoastal
Waterway(AIWW)is considered a natural shoreline and development must occur as described in 7H.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,deadmen 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 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: 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, 1991;January 1, 1989;December 1, 1987.
• SECTION.1100-GENERAL PERMIT FOR CONSTRUCTION OF BULKHEADS AND THE PLACEMENT
OF RIPRAP FOR SHORELINE PROTECTION IN ESTUARINE AND PUBLIC TRUST WATERS AND
OCEAN HAZARD AREAS
15A•NCAC 07H.1101 PURPOSE
A permit under this Section shall allow the construction of bulkheads and the placement of riprap for shoreline protection in
the public trust waters and estuarine waters AECs according to authority provided in Subchapter 07J.1100 and according to
the Rules in this Section. This permit shall not apply to shoreline protection along the oceanfront or to waters and shorelines
adjacent to the Ocean Hazard AEC with the exception of those shorelines that feature characteristics of the Estuarine
Shoreline AEC. Such features include the presence of wetland vegetation,lower wave energy and lower erosion rates than the
adjoining Ocean Erodible Area.
History Note: Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 113A-124; •
Eff March 1, 1984;
Amended Eff.April 1, 2003.
15A NCAC 07H.1102 APPROVAL PROCEDURES
(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:
(1) 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;or
(2) confirmation that the adjacent riparian property owners have been notified by certified mail of the proposed
work. Such notice should instruct adjacent property owners to provide any comments on the proposed
development in writing for consideration by permitting officials to the Division of Coastal Management
within ten days of receipt of the notice,and,indicate that no response will be interpreted as no objection.
DCM staff will review all comments and determine,based on their relevance to the potential impacts of the
proposed project,if the proposed project can be approved by a General Permit. If DCM staff finds that the
comments are worthy of more in-depth review, the applicant will be notified that he must submit an
application for a major development permit.
(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.
HistoryNote: 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, 1990;December 1, 1987.
15A NCAC 07H.1103 PERMIT FEE
The applicant must pay a permit fee of one hundred dollars($100.00)by check or money order payable to the Department.
History Note: Authority G.S. 113A-107; 113A-113(b); 113A-118.1; 113A-119; 113-119.1; 113A-124;
Eff.March 1, 1984;
Amended Eff.August 1, 2000;March 1, 1991.
15A NCAC 07H.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 Environment,Health,and Natural Resources 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 permit will not be applicable to proposed construction where the Department has determined,based on an initial
review of the application, that notice and review pursuant to G.S. 113A-119 is necessary because there are unresolved
questions concerning the proposed activity's impact on adjoining properties or on water quality;air quality;coastal wetlands;
cultural or historic sites;wildlife;fisheries resources;or public trust rights.
(e) This permit does not eliminate the need to obtain any other required state, local,or federal authorization.
(f) Development carried out under this permit must be consistent with all local requirements,AEC rules,and local land use
plans current at the time of authorization. •
History Note: Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 113A-124;
Eff March 1, 1984;
Amended Eff. May 1, 1990;December 1, 1987;
RRC Objection due to ambiguity Eff.May 19, 1994;
Ainended Eff.August 1, 1998;July 1, 1994.
15A NCAC 07H.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 waterward 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 Rules,the Atlantic Intracoastal
Waterway(AIWW)is considered a natural shoreline and development must occur as described in 7H.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,deadmen 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 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: 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, 1991;January 1, 1989;December 1,"1987.
(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 permit will not be applicable to proposed construction where the Department has determined,based on an initial
review of the application, that notice and review pursuant to G.S. 113A-119 is necessary because there are unresolved
questions concerning the proposed activity's impact on adjoining properties or on water quality;air quality;coastal wetlands;
cultural or historic sites;wildlife;fisheries resources;or public trust rights.
(e) This permit does not eliminate the need to obtain any other required state,local,or federal authorization.
(f) Development carried out under this permit must be consistent with all local requirements,AEC rules,and local land use
plans current at the time of authorization;
History Note: Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 113A-124;
Eff March 1, 1984;
Amended Eff May 1, 1990;December 1, 1987;
RRC Objection due to ambiguity Eff May 19; 1994;
Amended Eff August 1, 1998;July 1, 1994.
15A NCAC 07H.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 waterward 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 Rules,the Atlantic Intracoastal
Waterway(AIWW)is considered a natural shoreline and development must occur as described in 7H.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,deadmen 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 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: 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, 1991;January I, 1989;December 1,'1987.
•
SECTION.1100-GENERAL PERMIT FOR CONSTRUCTION OF BULKHEADS AND THE PLACEMENT
OF RIPRAP FOR SHORELINE PROTECTION IN ESTUARINE AND PUBLIC TRUST WATERS AND
OCEAN HAZARD AREAS
15A NCAC 07H.1101 PURPOSE
A permit under this Section shall allow the construction of bulkheads and the placement of riprap for shoreline protection in
the public trust waters and estuarine waters AECs according to authority provided in Subchapter 07J.1100 and according to
the Rules in this Section. This permit shall not apply to shoreline protection along the oceanfront or to waters and shorelines
adjacent to the Ocean Hazard AEC with the exception of those shorelines that feature characteristics of the Estuarine
Shoreline AEC. Such features include the presence of wetland vegetation,lower wave energy and lower erosion rates than the
adjoining Ocean Erodible Area.
History Note: Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 113A-124;
Eff March 1, 1984;
Amended Eff.April 1, 2003.
15A NCAC 07H.1102 APPROVAL PROCEDURES
(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:
(1) 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;or
(2) confirmation that the adjacent riparian property owners have been notified by certified mail of the proposed
work. Such notice should instruct adjacent property owners to provide any comments on the proposed
development in writing for consideration by permitting officials to the Division of Coastal—Management
within ten days of receipt of the notice,and,indicate that no response will be interpreted as no objection.
DCM staff will review all comments and determine,based on their relevance to the potential impacts of the
proposed project,if the proposed project can be approved by a General Permit. If DCM staff finds that the
comments are worthy of more in-depth review, the applicant will be notified that he must submit an
application for a major development permit.
(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: Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 113A-124;
Eff March I, 1984;
Amended Eff.January 1, 1990;December 1, 1987. `
15A NCAC 07H.1103 PERMIT FEE
The applicant must pay a permit fee of one hundred dollars($100.00)by check or money order payable to the Department.
History Note: Authority G.S. 113A-107; 113A-113(b); 113A-118.1; 113A-119; 113-119.1; 113A-124;
Eff March I, 1984;
Amended Eff August 1, 2000;March 1, 1991.
15A NCAC 07H.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 Environment,Health,and Natural Resources 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 permit will not be applicable to proposed construction where the Department has determined,based on an initial
review of the application, that notice and review pursuant to G.S. 113A-119 is necessary because there are unresolved
} questions concerning the proposed activity's impact on adjoining properties or on water quality;air quality;coastal wetlands;
cultural or historic sites;wildlife;fisheries resources;or public trust rights.
(e) This permit does not eliminate the need to obtain any other required state, local,or federal authorization.
(f) Development carried out under this permit must be consistent with all local requirements,AEC rules,and local land use
plans current at the time of authorization.
•
History Note: Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 113A-124;
Eff March 1, 1984;
Amended Eff.May 1, 1990;December 1, 1987;
RRC Objection due to ambiguity Eff May 19, 1994;
Amended Eff August 1, 1998;July 1, 1994.
15A NCAC 07H.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 oft feet waterward 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 Rules,the Atlantic Intracoastal
Waterway(AIWW)is considered a natural shoreline and development must occur as described in 7H.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,deadmen 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 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: Authority G.S. 113A-107(a); 113A-107(b); II3A-113(b); 113A-118.1; 113A-124;
Eff March 1; 1984;Amended Eff December 1, 1991;January I, 1989;December 1, 1987.
SECTION.1100-GENERAL PERMIT FOR CONSTRUCTION OF BULKHEADS AND THE PLACEMENT
OF RIPRAP FOR SHORELINE PROTECTION IN ESTUARINE AND PUBLIC TRUST WATERS AND
OCEAN HAZARD AREAS
15A NCAC 07H.1101 PURPOSE
A permit under this Section shall allow the construction of bulkheads and the placement of riprap for shoreline protection in
the public trust waters and estuarine waters AECs according to authority provided in Subchapter 07J.1100 and according to
the Rules in this Section. This permit shall not apply to shoreline protection along the oceanfront or to waters and shorelines
adjacent to the Ocean Hazard AEC with the exception of those shorelines that feature characteristics of the Estuarine
Shoreline AEC. Such features include the presence of wetland vegetation,lower wave energy and lower erosion rates than the
adjoining Ocean Erodible Area.
History Note: Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 113A-124;
Eff March 1, 1984;
Amended Eff April 1, 2003.
15A NCAC 07H.1102 APPROVAL PROCEDURES •
!, (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:
(1) 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;or
(2) confirmation that the adjacent riparian property owners have been notified by certified mail of the proposed
work. Such notice should instruct adjacent property owners to provide any comments on the proposed
development in writing for consideration by permitting officials to the Division of Coastal Management
within ten days of receipt of the notice,and,indicate that no response will be interpreted as no objection.
DCM staff will review all comments and determine,based on their relevance to the potential impacts of the
proposed project,if the proposed project can be approved by a General Permit. If DCM staff finds that the
comments are worthy of more in-depth review, the applicant will be notified that he must submit an
application for a major development permit.
(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: 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, 1990;December 1, 1987.
15A NCAC 07H.1103 PERMIT FEE -
The applicant must pay a permit fee of one hundred dollars($100.00)by check or money order payable to the Department.
History Note: ` Authority G.S. 113A-107; 113A-113(b); 113A-118.1; 113A-119; 113-119.1; 113A-124;
Eff March 1, 1984;
Amended Eff August 1, 2000;March I, 1991.
15A NCAC 07H.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 Environment,Health,and Natural Resources 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 permit will not be applicable to proposed construction where the Department has determined,based on an initial
review of the application, that notice and review pursuant to G.S. 113A-119 is necessary because there are unresolved
questions concerning the proposed activity's impact on adjoining properties or on water quality;air quality;coastal wetlands;
cultural or historic sites;wildlife;fisheries resources;or public trust rights.
(e) This permit does not eliminate the need to obtain any other required state,local,or federal authorization.
(f) Development carried out under this permit must be consistent with all local requirements,AEC rules,and local land use
plans current at the time of authorization.
History Note: Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 113A-124;
Eff March 1, 1984;
Amended Eff May 1, 1990;December 1, 1987;
RRC Objection due to ambiguity Eff.May 19, 1994;
Amended Eff.August 1, 1998;July 1, 1994.
15A NCAC 07H.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 waterward 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 a
' 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 Rules,the Atlantic Intracoastal
Waterway(AIWW)is considered a natural shoreline and development must occur as described in 7H.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,deadmen 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 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: 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, 1991;January 1, 1989;December 1, 1987.
SECTION.1100-GENERAL PERMIT FOR CONSTRUCTION OF BULKHEADS AND THE PLACEMENT
OF RIPRAP FOR SHORELINE PROTECTION IN ESTUARINE AND PUBLIC TRUST WATERS AND
OCEAN HAZARD AREAS
15A NCAC 07H.1101 PURPOSE
A permit under this Section shall allow the construction of bulkheads and the placement of riprap for shoreline protection in
the public trust waters and estuarine waters AECs according to authority provided in Subchapter 07J.1100 and according to
the Rules in this Section. This permit shall not apply to shoreline protection along the oceanfront or to waters and shorelines
adjacent to the Ocean Hazard AEC with the exception of those shorelines that feature characteristics of the Estuarine
Shoreline AEC. Such features include the presence of wetland vegetation,lower wave energy and lower erosion rates than the
adjoining Ocean Erodible Area.
History Note: Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 113A-124;
Eff.March 1, 1984;
Amended Eff.April I, 2003.
15A NCAC 0711.1102 APPROVAL PROCEDURES
(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:
(1) 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;or
(2) confirmation that the adjacent riparian property owners have been notified by certified mail of the proposed
work. Such notice should instruct adjacent property owners to provide any comments on the proposed
development in writing for consideration by permitting officials to the Division of Coastal Management
within ten days of receipt of the notice,and,indicate that no response will be interpreted as no objection.
DCM staff will review all comments and determine,based on their relevance to the potential impacts of the
proposed project,if the proposed project can be approved by a General Permit. If DCM staff finds that the
comments are worthy of more in-depth review, the applicant will be notified that he must submit an
application for a major development permit.
(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: 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, 1990;December 1, 1987.
15A NCAC 07H.1103 PERMIT FEE
The applicant must pay a permit fee of one hundred dollars($100.00)by check or money order payable to the Department.
History Note: ' Authority G.S. 113A-107; 113A-113(b); 113A-118.1; 113A-119; 113-119.1; 113A-124;
Eff. March 1, 1984;
Amended Eff.August 1, 2000;March 1, 1991.
15A NCAC 07H.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 Environment,Health,and Natural Resources 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 permit will not be applicable to proposed construction where the Department has determined,based on an initial
review of the application, that notice and review pursuant to G.S. 113A-119 is necessary because there are unresolved
questions concerning the proposed activity's impact on adjoining properties or on water quality;air quality;coastal wetlands;
cultural or historic sites;wildlife;fisheries resources;or public trust rights.
(e) This permit does not eliminate the need to obtain any other required state,local,or federal authorization.
(f) Development carried out under this permit must be consistent with all local requirements,AEC rules,and local land use
plans current at the time of authorization.
History Note: Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 113A-124;
Eff March 1, 1984;
Amended Eff.May 1, 1990;December 1,1987;
RRC Objection due to ambiguity Eff May 19, 1994;
Amended Eff August 1, 1998;July 1, 1994.
15A NCAC 07H.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 waterward 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 Rules,the Atlantic Intracoastal
Waterway(AIWW)is considered a natural shoreline and development must occur as described in 7H.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,deadmen 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 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: Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 113A-124;
Eff.March 1, 1984;AmendedEff December I, 1991;January I, 1989;December 1, 1987.
SECTION.1100-GENERAL PERMIT FOR CONSTRUCTION OF BULKHEADS AND THE PLACEMENT
OF RIPRAP FOR SHORELINE PROTECTION IN ESTUARINE AND PUBLIC TRUST WATERS AND
OCEAN HAZARD AREAS
15A NCAC 07H.1101 PURPOSE
A permit under this Section shall allow the construction of bulkheads and the placement of riprap for shoreline protection in
the public trust waters and estuarine waters AECs according to authority provided in Subchapter 07J.1100 and according to
the Rules in this Section. This permit shall not apply to shoreline protection along the oceanfront or to waters and shorelines
adjacent to the Ocean Hazard AEC with the exception of those shorelines that feature characteristics of the Estuarine
Shoreline AEC. Such features include the presence of wetland vegetation,lower wave energy and lower erosion rates than the
adjoining Ocean Erodible Area.
History Note: Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 113A-124;
Eff. March I, 1984;
Amended Eff April 1, 2003.
15A NCAC 07H.1102 APPROVAL PROCEDURES
(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:
(1) 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;or
(2) confirmation that the adjacent riparian property owners have been notified by certified mail of the proposed
work. Such notice should instruct adjacent property owners to provide any comments on the proposed
development in writing for consideration by permitting officials to the Division of Coastal Management
within ten days of receipt of the notice,and,indicate that no response will be interpreted as no objection.
DCM staff will review all comments and determine,based on their relevance to the potential impacts of the
proposed project,if the proposed project can be approved by a General Permit. If DCM staff finds that the
comments are worthy of more in-depth review, the applicant will be notified that he must submit an
application for a major development permit.
(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: 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, 1990;December 1, 1987. "
15A NCAC 07H.1103 PERMIT FEE
The applicant must pay a permit fee of one hundred dollars($100.00)by check or money order payable to the Department.
History Note:. Authority G.S. 113A-107; 113A-113(b); 113A-118.1; 113A-119; 113-119.1; 113A-124;
Eff March 1, 1984;
Amended Eff.August 1, 2000;March 1, 1991.
15A NCAC 07H.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 Environment,Health,and Natural Resources 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 permit will not be applicable to proposed construction where the Department has determined,based on an initial
• review of the application, that notice and review pursuant to G.S. 113A-119 is necessary because there are unresolved
questions concerning the proposed activity's impact on adjoining properties or on water quality;air quality;coastal wetlands;
cultural or historic sites;wildlife;fisheries resources;or public trust rights.
(e) This permit does not eliminate the need to obtain any other required state,local,or federal authorization.
(f) Development carried out under this permit must be consistent with all local requirements,AEC rules,and local land use
plans current at the time of authorization.
History Note: Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 113A-124;
Eff March 1, 1984;
Amended Eff May 1, 1990;December 1, 1987;
RRC Objection due to ambiguity Eff May 19, 1994;
Amended Eff.August 1, 1998;July 1, 1994.
15A NCAC 07H.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 waterward 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. Julio 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 Rules,the Atlantic Intracoastal
Waterway(AIWW)is considered a natural shoreline and development must occur as described in 7H.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,deadmen 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 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: Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 113A-124;
Eff March 1, 1984;AmendedEff December I, 1991;January 1, 1989;December 1,'1987.
SECTION.1100-GENERAL PERMIT FOR CONSTRUCTION OF BULKHEADS AND THE PLACEMENT
OF RIPRAP FOR SHORELINE PROTECTION IN ESTUARINE AND PUBLIC TRUST WATERS AND
OCEAN HAZARD AREAS
15A NCAC 07H.1101 PURPOSE
A permit under this Section shall allow the construction of bulkheads and the placement of riprap for shoreline protection in
the public trust waters and estuarine waters AECs according to authority provided in Subchapter 07J.1100 and according to
the Rules in this Section. This permit shall not apply to shoreline protection along the oceanfront or to waters and shorelines
adjacent to the Ocean Hazard AEC with the exception of those shorelines that feature characteristics of the Estuarine
Shoreline AEC. Such features include the presence of wetland vegetation,lower wave energy and lower erosion rates than the
adjoining Ocean Erodible Area.
History Note: Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 113A-124;
Eff.March I, 1984;
Amended Eff.April I, 2003.
15A NCAC 07H.1102 APPROVAL PROCEDURES
(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:
(1) 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;or
(2) confirmation that the adjacent riparian property owners have been notified by certified mail of the proposed
work. Such notice should instruct adjacent property owners to provide any comments on the proposed
development in writing for consideration by permitting officials to the Division of Coastal Management
within ten days of receipt of the notice,and,indicate that no response will be interpreted as no objection.
DCM staff will review all comments and determine,based on their relevance to the potential impacts of the
proposed project,if the proposed project can be approved by a General Permit. If DCM staff finds that the
comments are worthy of more in-depth review, the applicant will be notified that he must submit an
application for a major development permit. '
(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: 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, 1990;December 1, 1987.
15A NCAC 07H.1103 PERMIT FEE -
The applicant must pay a permit fee of one hundred dollars($100.00)by check or money order payable to the Department.
History Note: AuthorityG.S. 113A-107; 113A-113(b); 113A-118.1; 113A-119; 113-119.1; 113A-124;
Eff March 1, 1984;
Amended Eff.August 1, 2000;March 1, 1991.
15A NCAC 07H.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 Environment,Health,and Natural Resources 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 permit will not be applicable to proposed construction where the Department has determined,based on an initial
• review of the application, that notice and review pursuant to G.S. 113A-119 is necessary because there are unresolved
: questions concerning the proposed activity's impact on adjoining properties or on water quality;air quality;coastal wetlands;
cultural or historic sites;wildlife;fisheries resources;or public trust rights.
(e) This permit does not eliminate the need to obtain any other required state, local,or federal authorization.
(f) Development carried out under this permit must be consistent with all local requirements,AEC rules,and local land use
plans current at the time of authorization.
History Note: Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 113A-124;
Eff March 1, 1984; •
Amended Eff May 1, 1990;December 1, 1987;
RRC Objection due to ambiguity Eft'May 19, 1994;
Amended Eff August 1, 1998;July 1, 1994.
•
15A NCAC 07H.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 waterward ofthe
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 normalwater 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 Rules,the Atlantic Intracoastal
Waterway(AIWW)is considered a natural shoreline and development must occur as described in 7H.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,deadmen 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 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: 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, 1991;January 1, 1989;December 1,'1987.
•
SECTION.1100-GENERAL PERMIT FOR CONSTRUCTION OF BULKHEADS AND THE PLACEMENT
OF RIPRAP FOR SHORELINE PROTECTION IN ESTUARINE AND PUBLIC TRUST WATERS AND
OCEAN HAZARD AREAS
15A NCAC 07H.1101 PURPOSE
A permit under this Section shall allow the construction of bulkheads and the placement of riprap for shoreline protection in
the public trust waters and estuarine waters AECs according to authority provided in Subchapter 07J.1100 and according to
the Rules in this Section. This permit shall not apply to shoreline protection along the oceanfront or to waters and shorelines
adjacent to the Ocean Hazard AEC with the exception of those shorelines that feature characteristics of the Estuarine
Shoreline AEC. Such features include the presence of wetland vegetation,lower wave energy and lower erosion rates than the
adjoining Ocean Erodible Area.
History Note: Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 113A-124;
Eff March 1, 1984;
Amended Eff.April 1, 2003.
15A NCAC 0711.1102 APPROVAL PROCEDURES
(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:
(1) 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;or
(2) confirmation that the adjacent riparian property owners have been notified by certified mail of the proposed
work. Such notice should instruct adjacent property owners to provide any comments on the proposed
development in writing for consideration by permitting officials to the Division of Coastal Management
within ten days of receipt of the notice,and,indicate that no response will be interpreted as no objection.
DCM staff will review all comments and determine,based on their relevance to the potential impacts of the
proposed project,if the proposed project can be approved by a General Permit. If DCM staff finds that the
comments are worthy of more in-depth review, the applicant will be notified that he must submit an
application for a major development permit.
(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: 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, 1990;December 1;1987.
15A NCAC 07H.1103 PERMIT FEE
The applicant must pay a permit fee of one hundred dollars($100.00)by check or money order payable to the Department.
History Note: Authority G.S. 113A-107; 113A-113(b); 113A-118.1; 113A-119; 113-119.1; 113A-124;
Eff March 1, 1984;
Amended Eff August 1, 2000;March I, 1991.
15A NCAC 07H.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 Environment,Health,and Natural Resources 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
•i bulkhead or the riprap authorized herein.
(d) This permit will not be applicable to proposed construction where the Department has determined,based on an initial
review of the application, that notice and review pursuant to G.S. 113A-119 is necessary because there are unresolved
• questions concerning the proposed activity's impact on adjoining properties or on water quality;air quality;coastal wetlands;
cultural or historic sites;wildlife;fisheries resources;or public trust rights.
(e) This permit does not eliminate the need to obtain any other required state, local, or federal authorization.
(f) Development carried out under this permit must be consistent with all local requirements,AEC rules,and local land use
plans current at the time of authorization.
History Note: Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 113A-124;
Eff March 1, 1984;
Amended Eff.May 1, 1990;December 1, 1987;
RRC Objection due to ambiguity Ef May 19, 1994;
Amended Eff August 1, 1998;July 1, 1994.
15A NCAC 07H.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 waterward 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 Rules,the Atlantic Intracoastal
Waterway(AIWW)is considered a natural shoreline and development must occur as described in 7H.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,deadmen 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 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: Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 113A-124;
Eff March 1, 1984;Amended Eff December I, 1991;January I, 1989;December 1,'1987.
SECTION.1100-GENERAL PERMIT FOR CONSTRUCTION OF BULKHEADS AND THE PLACEMENT
OF RIPRAP FOR SHORELINE PROTECTION IN ESTUARINE AND PUBLIC TRUST WATERS AND
OCEAN HAZARD AREAS
15A NCAC 07H.1101 PURPOSE
A permit under this Section shall allow the construction of bulkheads and the placement of riprap for shoreline protection in
the public trust waters and estuarine waters AECs according to authority provided in Subchapter 07J.1100 and according to
• the Rules in this Section. This permit shall not apply to shoreline protection along the oceanfront or to waters and shorelines
adjacent to the Ocean Hazard AEC with the exception of those shorelines that feature characteristics of the Estuarine
Shoreline AEC. Such features include the presence of wetland vegetation,lower wave energy and lower erosion rates than the
adjoining Ocean Erodible Area.
History Note: Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 113A-124;
Eff.March 1, 1984;
Amended Eff April I, 2003.
15A NCAC 07H.1102 APPROVAL PROCEDURES
(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:
(1) 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;or
(2) confirmation that the adjacent riparian property owners have been notified by certified mail of the proposed
work. Such notice should instruct adjacent property owners to provide any comments on the proposed
development in writing for consideration by permitting officials to the Division of Coastal Management
within ten days of receipt of the notice,and,indicate that no response will be interpreted as no objection.
DCM staff will review all comments and determine,based on their relevance to the potential impacts of the
proposed project,if the proposed project can be approved by a General Permit. If DCM staff finds that the
comments are worthy of more in-depth review, the applicant will be notified that he must submit an
application for a major development permit.
(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: Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 113A-124;
Eff.March I, 1984;
Amended Eff January 1, 1990;December 1, 1987.
15A NCAC 07H.1103 PERMIT FEE
The applicant must pay a permit fee of one hundred dollars($100.00)by check or money order payable to the Department.
History Note: Authority G.S. 113A-107;• 113A-113(b); 113A-118.1; 113A-119; 113-119.1; 113A-124;
Eff March 1, 1984;
Amended Eff August 1, 2000;March 1, 1991.
15A NCAC 07H.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 Environment,Health,and Natural Resources 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 permit will not be applicable to proposed construction where the Department has determined,based on an initial
review of the application, that notice and review pursuant to G.S. 113A-119 is necessary because there are unresolved
3 questions concerning the proposed activity's impact on adjoining properties or on water quality;air quality;coastal wetlands;
cultural or historic sites;wildlife;fisheries resources;or public trust rights.
(e) This permit does not eliminate the need to obtain any other required state, local,or federal authorization.
• (f) Development carried out under this permit must be consistent with all local requirements,AEC rules,and local land use
plans current at the time of authorization.
History Note: Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 113A-124;
Eff March 1, 1984;
Amended Eff May 1;1990;December 1, 1987;
RRC Objection due to ambiguity Eff May 19, 1994;
Amended Eff August 1, 1998;July 1, 1994.
15A NCAC 07H.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 waterward 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 Rules,the Atlantic Intracoastal
Waterway(AIWW)is considered a natural shoreline and development must occur as described in 7H.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.
(t) 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,deadmen 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 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: Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 113A-124;
Eff March I, 1984;Amended Eff.December 1, 1991;January 1, 1989;December 1, 1987.
SECTION.1100-GENERAL PERMIT FOR CONSTRUCTION OF BULKHEADS AND THE PLACEMENT
OF RIPRAP FOR SHORELINE PROTECTION IN ESTUARINE AND PUBLIC TRUST WATERS AND
OCEAN HAZARD AREAS
15A NCAC 07H.1101 PURPOSE
A permit under this Section shall allow the construction of bulkheads and the placement of riprap for shoreline protection in
the public trust waters and estuarine waters AECs according to authority provided in Subchapter 07J.1100 and according to
the Rules in this Section. This permit shall not apply to shoreline protection along the oceanfront or to waters and shorelines
adjacent to the Ocean Hazard AEC with the exception of those shorelines that feature characteristics of the Estuarine
Shoreline AEC. Such features include the presence of wetland vegetation,lower wave energy and lower erosion rates than the
adjoining Ocean Erodible Area.
History Note: Authority G.S. 113A-107(a);113A-107(b); 113A-113(b); 113A-118.1; 113A-124;
Eff March 1, 1984;
Amended Eff.April 1, 2003.
15A NCAC 07H.1102 APPROVAL PROCEDURES
(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:
(1) 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;or
(2) confirmation that the adjacent riparian property owners have been notified by certified mail of the proposed
work. Such notice should instruct adjacent property owners to provide any comments on the proposed
development in writing for consideration by permitting officials to the Division of Coastal Management
within ten days of receipt of the notice,and,indicate that no response will be interpreted as no objection.
DCM staff will review all comments and determine,based on their relevance to the potential impacts of the
proposed project,if the proposed project can be approved by a General Permit. If DCM staff finds that the
comments are-worthy of more in-depth review, the applicant will be notified that he must submit an
application for a major development permit.
(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 maybe 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: 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, 1990;December 1, 1987.
15A NCAC 07H.1103 PERMIT FEE
The applicant must pay a permit fee of one hundred dollars($100.00)by check or money order payable to the Department.
History Note: ° Authority G.S. 113A-107; 113A-113(b); 113A-118.1; 113A-119; 113-119.1; 113A-124;
Eff.March 1, 1984;
Amended Eff August I, 2000;March 1, 1991.
15A NCAC 07H.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 Environment,Health,and Natural Resources 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 permit will not be applicable to proposed construction where the Department has determined,based on an initial
review of the application,that notice and review pursuant to G.S. 113A-119 is necessary because there are unresolved
• questions concerning the proposed activity's impact on adjoining properties or on water quality;air quality;coastal wetlands;
cultural or historic sites;wildlife;fisheries resources;or public trust rights.
(e) This permit does not eliminate the need to obtain any other required state,local,or federal authorization.
(f) Development carried out under this permit must be consistent with all local requirements,AEC rules,and local land use
plans current at the time of authorization.
History Note: Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 113A-124;
Eff.March 1, 1984;
Amended Eff. May 1, 1990;December 1, 1987; -
RRC Objection due to ambiguity Eff May 19, 1994;
Amended Eff August 1, 1998;July 1, 1994.
15A NCAC 07H.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 waterward ofthe
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 Rules,the Atlantic Intracoastal
Waterway(AIWW)is considered a natural shoreline and development must occur as described in 7H.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,deadmen 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 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: • 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, 1991;January 1, 1989;December 1,"1987.
•
SECTION.1100-GENERAL PERMIT FOR CONSTRUCTION OF BULKHEADS AND THE PLACEMENT
OF RIPRAP FOR SHORELINE PROTECTION IN ESTUARINE AND PUBLIC TRUST WATERS AND
OCEAN HAZARD AREAS
15A NCAC 07H.1101 PURPOSE
A permit under this Section shall allow the construction of bulkheads and the placement of riprap for shoreline protection in
the public trust waters and estuarine waters AECs according to authority provided in Subchapter 07J.1100 and according to
the Rules in this Section. This permit shall not apply to shoreline protection along the oceanfront or to waters and shorelines
adjacent to the Ocean Hazard AEC with the exception of those shorelines that feature characteristics of the Estuarine
Shoreline AEC. Such features include the presence of wetland vegetation,lower wave energy and lower erosion rates than the
adjoining Ocean Erodible Area.
History Note: Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 113A-124;
Eff March 1,-1984;
Amended Eff April 1, 2003.
ff 15A NCAC 0711.1102 APPROVAL PROCEDURES
(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:
(1). • 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;or r
(2) confirmation that the adjacent riparian property owners have been notified by certified mail of the proposed
work. Such notice should instruct adjacent property owners to provide any comments on the proposed
development in writing for consideration by permitting officials to the Division of Coastal Management
within ten days of receipt of the notice,and,indicate that no response will be interpreted as no objection.
DCM staff will review all comments and determine,based on their relevance to the potential impacts of the
- proposed project,if the proposed project can be approved by a General Permit. If DCM staff fmds that the
comments are worthy of more in-depth review, the applicant will be notified that he must submit an
application for a major development permit.
(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: 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, 1990;December 1, 1987.
• 15A NCAC 07H.1103 PERMIT FEE -
The applicant must pay a permit fee of one hundred dollars($100.00)by check or money order payable to the Department.
History Note: ` Authority G.S. 113A-107; 113A-113(b); 113A-118.1; 113A-119; 113-119.1; 113A-124;
Eff.March 1, 1984;
Amended Eff August 1, 2000;March 1, 1991.
15A NCAC 07H.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 Environment,Health,and Natural Resources 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.
E' PILINGS AND MORE 3�50 (
JOHN CASSIDY
PH: (910)327-2009 i /�J
107 KAFHY ST %�X) • 66-3U/531
SNEADS FERRY, NC 28460 11,116 i fff/ 457
piri411 � A4_, — —
order e $ �� Ua
a4<-1.17(04iatezz/i7-c
o
U op -7
FIRST CITIZENS 457
BANK F :1.7:q, T,�,t "„am
N.C.& c
x 284GO
" "of" ir tciuzep.com
Fur— �� ___. _ me
':053 &003001:00457 L3 27 ii' 0 50
woc(