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(it) the erosion response measures of relocation, beach nourishment or temporary
stabilization are not adequate and practicable to protect the site;
(iti) the structure is limited in extent and scope to that necessary to protect the site; and
(iv) a permit for a structure under this Part may be issued only to a sponsoring public
agency for projects where the public benefits outweigh the significant adverse
impacts. Additionally, the permit shall include conditions providing for mitigation
or minimization by that agency of significant adverse impacts on adjoining
properties and on public access to and use of the beach.
(I) Structures that would otherwise be prohibited by these standards may also be permitted on
finding by the Division that
(i) the structure is necessary to maintain an existing commercial navigation channel of
regional significance within federally authorized limits;
(ii) dredging alone is not practicable to maintain safe access to the affected channel;
(lii) the structure is limited in extent and scope to that necessary to maintain the channel;
(iv) the structure shall not have significant adverse impacts on fisheries or other public
trust resources; and
(v) a perudt for a structure under this Part may be issued only to a sponsoring public
agency for projects where the public benefits outweigh the significant adverse
impacts. Additionally, the permit shall include conditions providing for mitigation
or minimization by that agency of any significant adverse impacts on adjoining
properties and on public access to and use of the beach.
(J) The Commission may renew a permit for an erosion control structure issued pursuant to a
variance granted by the Commission prior m 1 July 1995. The Commission may authorize
the replacement of a permanent erosion control structure that was permitted by the
Commission pursuant to a variance granted by the Commission prior to 1 July 1995 if the
Commission fords that:
(1) the structure will not be enlarged beyond the dimensions set out in the permit;
(ii) there is no practical alternative to replacing the structure Nat will provide the same
or similar benefits; and
(iu) the replacement structure will comply with all applicable laws and with all rules,
other than the rule or rules with respect to which the Commission granted the
variance, that are in effect at the time the structure is replaced.
(K) Proposed erosion response measures using innovative technology or design shall be
considered as experimental and shall be evaluated on a cam -by -case basis to determine
consistency with 15A NCAC 07M .0200 and general and specific use standards within this
Section.