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I A Guide to Protecting Coastal Resources Through the CAMA Permit Program I Division of Coastal Management *orth Carolina Department of Natural Resources and Community Development HT 393 .N8 G85 1 988 c.2 U. S. DEPARTMENT OF COMMERCE NOAA COASIAL SERVICES CENTER 2234 SOUTH HOBSON AVENUE CHARLESTON, SC 29405-2413 A Guide to Protecting Coastal Resources Through the CAMA Permit Program Property of CSC Library e cq) --C' I 7- Division of Coastal Management North Carolina Department of Natural Resources and Community Development 1988 Contents -Introduction The Importance of Protecting Coastal Resources I Chapter One How to Apply for a CAMA Permit 5 Minor Development Permits I1I Major Development Permits 16 General Permits 24 Variances, Appeals, and Enforcement Actions 26 Chapter Two Areas of Environmental Concern and the Coastal 29 Resources Commission's Development Guidelines Estuarine System Areas of Environmental Concemn 30 General Standards 34 Estuarine Shoreline 34 Coastal Wetlands, Estuarine Waters, and Public Trust Areas 36 Specific Standards 39 Hydraulic Dredging 39 Navigation Channels, Canals, and Boat Basins 40 Docks and Piers 41 Bulkheads and Shoreline Stabilization 43 Wooden and Riprap Groins 46 Marinas 47 Drainage Ditches 49 Nourishment of Estuarine Beaches 50 Ocean Hazard Areas of Environmental Coneem 5 52 General Standards 54 Specific Standards 58 Oceanfront Construction 58 Structural Accessways 59 Oceanfront Erosion Protection 60 Dune Establishment and Stabilization 62 Inlet Hazard Areas 62 Public Water Supply Areas of Environmental Conceem 64 Specific Standards 64 Small Surface Water Supply Watersheds 64 Public Water Supply Well Fields 65 Natural and Cultural Resource Areas of Environmental Conceem 67 Nomnination and Designation Procedures 68 Appendices Tax Credit for Land Donations 69 Coastal Management Field Offices 7 1 Local Permit Officers 73 Related Govemnment Agencies 79 For Further Reading 83 Introduction The Importance of Protecting Coastal Resources North Carolina's coast is an environment of delicate natural balances and the set- ting for intense - and sometimes conflicting - activities. Poorly sited construction along the oceanfront can destroy protective sand dunes and vegetation, place buildings and human lives in jeopardy from erosion and flooding, and block access to the public beach. Improper development in the state's sounds and tidal rivers, as well as the wetlands and shorelines surrounding them, can disrupt fish and shellfish habitats on whfich the state's commercial and recreational fisheries depend. North Carolina's Coastal Area Management Act (CAMA) states: "Unless these pressures are controlled by coor- dinated management, the very features of the coast which make it economically, aesthetically, and ecologically rich will be destroyed." To prevent this destr-uction, the Coastal Area Management Act directs the Coastal Resources Commission (CRC) to identify and designate "areas of environrnental concern' in which un- controlled development might cause irreversible damage to property, public health, and the natural envirornment. These areas, known as AECs, contain natural hazards or environmental, economic, or social values that are of concern to the state as a whole. In carrying out its mandate from CAMA, the Coastal Resources Comnmis- sion has designated four categories of AEC: the estuarine system, the ocean hazard systerm, public water supplies, and natural and cultural resource aireas. These AECs cover virtually all of the coastal waters and three percent of the land area of the 20 coastal counties. The Act further instructs the CRC to deter- mine what types of development activities can take place in AECs without harming the natural system and to adopt standards showing how this can be done. Based on these standards, the CRC carries out a permnit program to guide develop- ment within the AECs. The intent of CAMA's permit programn is not to stop development, but rather to make sure that development within AECs does not threaten public safety or the continued productivity and value of important natural areas. Most of the permits applied for under CAMA are issued. Receiving any CAMA development permit does not mean that you can carry out the project in any way you choose. The permit carries with it an obligation to meet the Coastal Resources Commission's guidelines for development in areas of environmental concern. If these guidelines are not being followed, then the per- mit will be revoked; a fine may also be imposed if the work has harmed the state's coastal resources. The challenge for development along the coast is to find ways for human activities to exist in harmony with the coast's precious natural resources. Our actions do not have to destroy the very things that draw us all to the coast if we design projects with respect for nature. The CAMA permit program and the CRC's stand- ards for development in AECs are structured to enable such design. By fitting a project to these standards, you can help protect the coastal resources we have all come to enjoy, not only for everyone now, but also for generations to come. This handbook is a guide to the CAMA permnit program. It includes where and when a CAMA permit is r-equired and how to apply for one. It also describes the "Areas of Envirornmental Con- cern" which are the foundationi of the perrmitting program and why it is important to manage development in these areas. The book identifies the development activities in the AECs which re- quire a permnit. It also defines the standards that a project must meet in order to receive a CAMA permit. 2 While every attempt has been made to be as accurate as possible, the rules themselves are more detailed than are explained in this hand- book and are always subject to amendment and updating by the Coastal Resources Commission. Therefore, those contemplating coastal develop- ment are strongly encouraged to contact the Division of Coastal Management staff before making detailed development plans. Anyone who would like further information about the North Carolina Coastal Management Program may write to the Division of Coastal Management, N.C. Departmnent of Natural Resources and Community Development, P.O. Box 27687, Raleigh, N.C. 27611-7687, or call (919) 733-2293. 3 Chapter One How to Apply for a CAMA Permit Does Your Project Need a Coastal Area Management Act Permit? If you think your project is in or near an area of environmental concern, then you should check with the nearest Divisioni of Coastal Management (DCM) field representative or local permit officer (LPO) to see if a permnit is re- quired. (See appendices for addresses and phone numbers.) The Coasta Area Management Act requires a permit if the project meets all of the following conditions: � it is located in one of the 20 counties covered by CAMA; * it is in or affects an area of environmental concerr (AEC) designated by the Coastal Resources Commnission; * it is considered "development" under the terms of the Act; and � it does not qualify for an exemption iden- tified by the Act or by the Coastal Resources Commission. 1. Is your project located in one of the 20 counties covered by CAMA? If yes, a CAMA permit may be required. The provisions of the Coastal Area Manage- ment Act orly apply to the 20 counties located along the state's tidal rivers, sounds, and the At- lantic Ocean (see Figure 1). You do not need a CAMA permit if your project is not in onie of these counties: Beaufort Hertford Bertie Hyde Brunswick New Hanover Camden Onslow Carteret Pamlico Chowan Pasquotank Craven Pender Currituck Perquimans Dare Tyrrell Gates Washington Figure 1. North Carolina's 20 coastal counties covered by the Coastal Area Management Act. PerTnits issued by the Division of Coastal Management under the state's Dredge and Fill Act can be r-equired in counties in addition to those listed above. 2. Is yo ur project I n or aff ecti ng an area of environmental concern? If yes, a CAMA permnit may be required. If your project is located in one of the AECs described in this handbook (an estuarine system AEC, an ocean hazard system AEC, a public water supply AEC, or a natural or cultural resource AEC), chances are that you will need to get a CAMA permit. You are probably in an AEC if your project is: � in or on the waters of the state; * on a marsh or wetland area; � within 75 feet of the mean high water line along an estuarine shoreline; * withfin about 300 feet of the ocean beach; * within about 1,000 feet of an inlet; or 6 * near one of the public water supplies desig- nated as an AEC. 3. Does your project fall under CAMNA's definition of "development"? If yes, a CAMA permit may be required. Section 103(5)(b) of the Coastal Area Manage- ment Act defines development as: "any activity in a duly designated area of environmental con- cemrn...involving, requiring, or consisting of the construction or enlargement of a structure; ex- cavation; dredging; filling; dumping; removal of clay, silt, sand, gravel or minerals; bulkheading; driving of pilings; clearing or alteration of land as an adjunct of construction; alteration or removal of sand dunes; alteration of the shore, bank, or bottom of the Atlantic Ocean or any sound, bay, river, creek, stream, lake, or canal." 4. Does your project qualify for an exemption from the permit requirement? If no, a CAMA permit is required. Section 103(5)(b) of CAMA specifically ex- cludes certain activities from the above defini- tion of development and therefore exempts them from the permit requirement. These exempted activities are: * road maintenance within the public right- of-way; e utility maintenance and extensions to projects that already have CAMA permits; * energy facilities to the extent covered by other laws or N.C. Utilities Commission rules; * agricultural or forestry production which does not involve the excavation or filling of estuarine or navigable waters or coastal marshland; * agricultural or forestry ditches equal to or less than six feet wide by four feet deep; life or property are in serious danger; and � the construction of an accessory building usually found with an existing structure, if no filling is involved. In addition, Section 103(5)(c) of the Act al- lows the CRC to define certain classes of minor maintenance and improvements that are exempt from the permit requirement. The specific types of projects eligible for exemptions are those with successful track records in not damaging the resources around them. Projects exempted under this section are identified in the use stand- ards described in chapter three. In any case, it is best to check with a DCM field representative or local permit officer to see if your project qualifies for an exemption. Does Your Project Need a Major Development Permit or a Minor Development Permit? CAMA's permit program involves two main categories of permits: one for "major" develop- ment and one for "minor" development. In addi- tion to these are general permits (see page 24). You must obtain a major development per- mit if the project involves any of the following: * alteration of more than 20 acres of land and/or water within an AEC; * construction of one or more buildings covering a ground area greater than 60,000 square feet on a single parcel of land; * excavation or drilling for natural resources on land in an AEC or under water; or * another state or federal permit, license, or authorization (such as for dredging and fill- ing, sedimentation control, wastewater dis- charge, or mining). * emergency maintenance and repairs where 7 A CAMA major development permit is most commonly required for projects that must have a "Permit to Excavate and/or Fill" under the Dredge and Fill Act (G.S. 113-229). This is usually required if there is any dredging or fill- ing of water or marsh, or if piers or docks are proposed. Major development permits, which involve larger projects that are of concem to the state as a whole, are administered directly by the Division of Coastal Management and the Coastal Resources Commission. If your project meets none of the above condi- tions, you will need to obtain a minor develop- ment permit. Minor development permits are administered by the local government under authority granted by the Coastal Area Manage- ment Act and using standards adopted by the Coastal Resources Commission. Exemptions from the Major Development Permit The Coastal Resources Commission does not require a major development permit for the maintenance and expansion of certain projects for which a state easement and/or Dredge and Fill permit has already been issued. Such a project qualifies for the exemption only if it meets all of the following conditions: * the project's dimensions do not exceed 20 percent of the dimensions originally per- mitted; * the project's purpose or primary use does not change; and * such action will cause no damage to the natural environment and/or adjacent property owners. The CRC has also exempted from the major development permit requirement minor addi- tions or modifications to bulkheads, piers, docks, boathouses, and boat ramps that are al- ready in place and permitted. The exemption is aimed at simple modifications intended for private use; these must still meet specific criteria to qualify for the exemption. The DCM field rep- resentative can tell you what these criteria are and whether or not your project is exempt from the major development permit requirement. This exemption is officially stated in Title 15, Sub- chapter 7K, Section .0202 of the N.C. Ad- ministrative Code. Exemptions from the Minor Development Permit The Coastal Resources Commission does not require a minor development permit for the following development activities: * the maintenance and repair (excluding re- placement) of any structure in a similar manner, size, and location as it existed prior to damage, unless such repair or re- placement would violate current CAMA standards; and * accessory uses or structures related to the main use of the site that require no electricity, plumbing, or other service con- nections and that do not exceed 200 square feet of floor area. In both of the above situations, the project must meet all of the following conditions to qualify for the exemption: * it must not disturb more than 200 square feet of land area on a slope greater than 10 percent; * it must not remove, damage, or destroy threatened or endangered plants and animals; * it must not alter surface drainage channels; * it must not alter the form or vegetation of a frontal dune; * it must not be within 20 feet of any per- manent surface waters; and * it must comply with all applicable CAMA standards and local land use plans in effect at the time. In any case, it is best to check with a DCM field representative or local permit officer to see if your project qualifies for an exemption. This exemption is officially stated in Title 15, Sub- chapter 7K, Sections .0302, .0303, and .0304 of the N.C. Administrative Code. State Review of Projects Requiring Federal Permits Projects that require federal permits or any form of federal authorization which are being proposed in the 20 coastal counties are reviewed by the Division of Coastal Management for con- sistency with the North Carolina Coastal Management Program. These reviews are man- dated as a result of North Carolina receiving federal approval of its coastal management program in September 1978 under the U.S. Coastal Zone Management Act of 1972. Under the Act, federal agencies cannot issue a permit for a project if it is found to be inconsis- tent with the state program. Finding that a project is consistent with the state program, however, does not mean that the federal permit must be issued. Federal Licenses and Permits Subject to Consistency The following are some of the common federal permits reviewed for consistency with the coastal management program: * U.S. Army Corps of Engineers Section 10 permit for building structures in navigable waters * U.S. Army Corps of Engineers Section 404 permit for placing fill material in wetlands * U.S. Coast Guard permits for the construc- tion or modification of bridges and causeways over navigable waters Information about other federal licenses and permits subject to consistency can be obtained from the DCM field offices in Wilmington, Morehead City, Washington, and Elizabeth City. Permit Review Process The Division of Coastal Management is the state agency responsible for preparing a state response for federal permit applications in the 20 coastal counties. This involves coordinating and obtaining comments from other state agen- cies which review applications to ensure that proposed projects meet state requirements. This review is the basis for determining whether or not a project is consistent with the coastal management program. There are separate review procedures for deter- mining the consistency of projects proposed for designated areas of environmental concern and projects outside of designated areas of environ- mental concern but within any of the 20 coastal counties. Projects Within AECs A project proposed for construction within an AEC that requires a federal permit automatically requires a CAMA major development permit. Therefore, an application for a CAMA major permit must be submitted when a federal permit is applied for. The state has developed ajoint ap- plication form with the U.S. Army Corps of En- gineers, Wilmington District. Only one permit application needs to be filled out in order to apply for a federal Corps permit and a state CAMA permit. When an applicant completes the application form, he or she must certify the consistency of the project with the coastal management program by signing the completed permit form which includes a statement to this effect. The is- suance of a CAMA permit constitutes the state's concurrence with the applicant's certification. 9 The denial of a CAMA permnit is a finding that the project is inconsistent with the mnanagement program. Projects Outside AECs The Division of Coastal Management is notified of projects outside ABCs but within the 20 coastal counties by the federal agency from which a permit is being requested. In these cases, the federal agency informs the applicant of the consistency requirement. North Carolina has an agreement with most federal agencies which allows the agency to send some or all of the informnation needed to conduct a consistency review of the project. Time Limits for Consistency Reviews The state is allowed six months from receipt of an applicant's consistency certification, or receipt of the information needed to make a con- sistency determnination, to conduct a consistency review. If a determination has not be-en made within three moniths of the beginning of a review, the state must let the federal agency and the applicant know the status of the review. Applicant's Appeal Rights If the state finds an applicant's project to be in- consistent with the coastal management program, the applicant has the right to appeal the decision. The appeal must be filed with the U.S. Secretary of Commerce within 30 days of receipt of the state's objection. Guidance on how to file the appeal may be obtained from the Division of Coastal Management. In all cases, the appeal must be based on the grounds that the activity is consistent with the objectives of the federal Coastal Zone Management Act. The ap- plicant must supply the Secretary of Commerce with detailed information that supports this position. Division of Coastal Manage- ment and Corps of Engineers General Permits The Division of Coastal Management and the U.S. Armry Corps of Engineers issue general per- mits authorizing certain types of activities that have minimal environmental impacts. Any ac- tivity covered under a specific general permit has been certified to be consistent with the North Carolina Coastal Management Program. Therefore, a consistency certification is not re- quired. However, a project must be conducted in accordance with the conditions of the general permit. 10 Minor Development Permits If your project requires a minor development permnit, you should contact the local permit of- ficer for the community where the project is lo- cated (see appendices). The local permit officer (LPO) is a local government employee (usually the building inspector, zoning administrator, or planner) who has been trained by the Division of Coastal Management to review applications for consistency with CAMA standards, to issue minor development permits, and to advise ap- plicants on how to design their projects. The local pen-nit officer will discuss the proposed project and give you an Application for CAMA Minor Development Permit (see Figure 2). The LPO can help you fill out the ap- plication and suggest ways to carry out the project to meet the CRC's guidelines for development in areas of environmental concern. The Permit Application The permnit application packet asks for basic informnation about the project and the property involved. This information includes: � the names, addresses, and telephone num- bers of the landowners and authorized agents; � the location, scale, and nature of the project; � a statement of property ownership; � a list of adjacent riparian (waterfront) property owners and their addresses; and � a signed statement allowing the local per- mit officer to enter the property. The information for the statement of owner- ship can be found on the deed to the property. The names of adjacent waterfront property owners are available from the local tax office. Notifying Adjacent Property Owners In addition to listing adjacent waterfront land- owners, you must notify them of your project either in person or by mail. Failing to do this is grounds for revoking your permit if a neighbor- ing property owner protests and appeals ap- proval of the permnit. AEC Hazard Notice If your project is located in an ocean hazard AEC (that is, a designated ocean erodible area, inlet hazard area, or high hazard flood area), you must fill out and sign an AEC Hazard Notice as part of the minor development permit applica- tion. This notice states that you recognize the natural hazards present in building on the s ite, that the Coastal Resources Commission does not guarantee the safety of your project, and that the CRC assumes no liability for future damage to the project. Site Drawing Your permnit application must be accompanied by a site drawing which shows the dimensions and other characteristics of the property, as well as the location and nature of the project itself. The permit application form lists the specific in- formation that must appear on the site drawing. The local permit officer can give suggestions on how to prepare the drawing and where to get the infonmation that must appear on it. To mak-e the application easy to understand and review, the site drawing should be as clear and simnple as possible (see Figure 4). It should be done on clean, white, 8 1/2" x I1I" paper with black ink or dark, thfin pencil. The drawing does not need to be to scale but significant dimen- sions should be indicated. It does not have to be prepared by an engineer or architect; however, it must provide clear and complete information. 1 1 Application Fee When you submit the permit application form and site drawing to the local permit officer, you must also pay a $25 fee to cover the administra- tive costs of processing the application. This should be paid with a check made out to the local government. How the Application is Reviewed Once the local permit officer has received all of the application materials, he or she will visit the project site, see if the project meets the Coas- tal Resources Commission's standards for development in the AEC, and see if the project complies with the local CAMA land use plan and local development ordinances (see Figure 5). Site Visit The local permit officer will visit the project site to make sure that the site drawing is ac- curate. The LPO will look for any condition (marshes, eroding shorelines, etc.) that the project will have to work around or overcome in order to meet the CRC's development standards. The permit officer will also post at the site an of- ficial notice that an application has been filed for a minor development permit (see Figure 3). Compliance with CRC Standards In conjunction with the site visit, the local per- mit officer will check to make sure that the proposed project complies with the CRC's "general standards" for that AEC and "specific use standards" for that type of development. The standards are described in this handbook; the I GENERAL INFORMATION I LANDOWNER Nam e Cily _ ____ _ Slap __ Phone 2 AUTHORIED AGENT Addles~ __ CIt __ __ Z_ p _ _ _I _ Phone 3 LOCATION/DESCRIPTION OF PROJECT - 4 AREAS OF ENVIRONMENTAL CONCERN (AEC) CLASSIFICATION ITo bc filled in by L-a1 Perm1. Otli lel prlol - to omlnpillng , ppli�i0 lon I _ Ocan Hairld _-_ EtuErme Sholel- OLher _ I PROPOSED USE Residetial __ Conmmeril,Industial __ Other 6. SIZE OF BUILDING IN SQUARE FEET: 1. SIZE OF SITE IN SQUARE FEET This a. li�lAOn imlud�, grneral in0rm alon Lths Thi) the dry m} a sie dl�w ng � d~.O-ctd on the back ul th*s I9__ appliclion. Ihe ownership sillmert. Ihe AELL hiaid nollce where n0ecs .y a chnLk lo 125 DP made lyble 10 Ih I,alily and any informa, 0 on � may bc plo vided .ally b Ihe S pplienl The deII. of 'the .ap Ih Aiplflnt%i 0ntur (oI uthuriV ed adenl tion a, de_riWd by thm =rc re lncor-oated 10O0dlo h olml0rl 00 ls T ill P001 01r1 0 104i1dle h.id l addess an0 d phune if nol own ab0oe ol n1 prm11 A.ny peson de.elol ngan AE( wIthoutl � CAMA p ermll ,s wbOietl cl, 1 rlmln0al nd adam, - Ctra.'e Ilion OTHER PERMITS MAY BE REQUIRED. The 0l0 t1 wh,ich Eu0 ae plAnnmg may requlre Dpcrmlt othe Shan the CAMA m0mot p ermit y0 are applying lot herel A1s a 0 e we. have �mplied d lislng of Ihe Linds ol peIml I whih mighl bR reuired We suR3 tfhal 0y- chek m�r this III wilh � ou1 LD al Permit Offrel to delermine I.hch, 1 anyul Ihe may aply 1o your ro01 I0This 1 I not -a 1cqulem0 nl o{ CAMA. o nly 1 s�mlion to h elp you complet e your proIt at quikIly s1 pollibZl zonmng drlnkllng waler well nptl l anl Iur olhn 0 niltr� waste tr1a1 lenl 0 ysem) burnAn& ele0tral plumbing hea ting and ir c ondilioning inulalon and enerKy co lntloln F IA ocr tlf,uon 0nd dune mdimenl :onlrol subdiission approval mobilehome a*rk apval hihlwa~ connectiun others STATEMENT OF OWNERSHIP an area ol environmentl conern or a perrn luhorlzed to acl s a nl {or gp mrp; 8 of aPply l fol � r CAMA minor developmenl pemlt. ertify o thate pcson liled as Iandowner on this application has � significant intelats in the ,1l pror lly dePribed thales Thi - nter-est n - be der -oIbed a oll ow - 1 ichl onel r o wner l rod ITle Tile ls ested In _ -1 ye Deed Bok . age In Ihe Counly Reg,0tl O1, DOeed __ n ownel bt lltue ol inhe Altance ApII1a1nt is1 n he. to the e state ol plob�te was n Counly II i other interest1. 1uc s w11tten 1ont*t or ea0e. e 1plan below o0 u0 a 1 p0 arate sheet �ttached to Ibhs applcationD NOIIFICATION OF ADIACENT PROPERTY OWNERS I furthermore certify thal the ollowing per1s are owners ol properties adloinlng Ith,s pro0ry I affirm th1t I have given ACTUAL NOTICE 1o 0m h ol Ihem concrning my intent to develop thls propler and to a1ipply CAMA P,m-,t (Name) (Addre- ) (I) (2) (4) FOR DEVELOPERS IN OCEAN HAZARD AND ESTUARINE SHORELINE EROSION AREAS I acknowledgc tha t the land o wneri i awre thai h e proposed deveO lopmeln t il�nne o �n �re� w lGh mIh bi m0eptWle 10 pid0ion 0d20 I1o0ding0 I acnuwldgO 0h01 1h0 Idea perm--i of f,ot 00 e0plamed to me the1 altitular h -aard lroblem, a illd wi th this lot Th-s -xplana[ l w s ac , ompanied by I.ommend�ions concer nng 1 abilization a0d flood poolRng 00hnlqu1 PERMISSION TO ENTER ON LAND I {urthermore ccr[ll~ that I am authorted to gaml and do tn f�Il grlnt peremion to the loIl permit ffierI and his agenl, to acler on the aforementioned lands In conn~tion wlth eIluallng reformation related to thrs permit �ppIication This ihe dyl o 1 9__ Land Powncl or rn a.uhor'ed to a1l at hs age nt for DurpoDs of liling8 CAMA application Figure 2. Sample application form required when applying for a CAMA minor development permit. 1'2 local permit officer can explain the standards and how they affect a particular project. Compliance with the Local CAMA Land Use Plan and Local Develop- ment Ordinances The local permit officer will check to make sure that the project complies with the local CAMA land use plan. The land use plan is prepared by the local government to describe the community's policies for development and iden- tifies different classifications of land where a particular activity is or is not allowed. Your project will be denied a CAMA permit if it does not comply with the policies and land classifica- tion in the land use plan. The local permit officer will also check to make sure that the project complies with the local zoning ordinance, subdivision ordinance, and other development regulations. If the project will violate any of these local ordinances, then it cannot receive a permit. When you first talk to the LPO, it is a good idea to ask how the land use plan and local development regulations might affect your project. Additional Information If the local permit officer needs more informa- tion to review the application, you will be notified by certified or registered mail. If the review will take longer than the 25 days allowed under the Coastal Area Management Act, the local permit officer will send you a notice extending the review time for an additional 25 days; this is also done by registered or certified mail. The LPO can extend the review period only once. Public Notice Once the LPO receives the complete applica- tion, he or she will publish a legal notice in the local newspaper. This notice lets other people in the community know that the project is being considered for a minor development permit. The public has the right to examine the application file to see if the project complies with the CRC's development standards, the local land use plan, and local development ordinances. NOT ILl, CAMA PERMIT APPLIED FOR PROJECT COMMENTS ACCEPTED THROUGH _ APPLICANT FOR MOAR DETAILS CONTACT q TE LOCAL PERMIT OFFICER BELOW Figure 3. Sample CAMA permit notice. Figure 4. Sample site drawing to be included with a minor development permit application. 13 - "No marsh grass will be graded or filled." The Permit Decision The Coastal Area Managerment Act gives the local permit officer 25 days to make a decision to approve or deny a minor development permnit application. (As noted above, the LPO may ex- tend this deadline once.) Based on the review of the application, the LPO will do one of three things: � approve the permit with no conditions; � approve the perTnit with conditions; or � deny the permit. An approval is issued if the project complies with the CRC's development standards, the local land use plan, and local development regulations. An approval with conditions means that the applicant must take certain steps to make the project meet all requirerments needed to receive a minor development pen-nit. The LPO will list these conditions on the permit itself. Some com- mon conditionis attached to minor development pen-nits are described below. " Where backfill is used, either a filter cloth or a __-foot vegetative buffer will be used to prevent fill material from wash- ing into adjacent waters or marshes." * "Disturbed areas will be immnediately stabi- lized." * "This permit must be renewed every six months." * "Unenclosed gazebo attached to the walk shall riot exceed 500 square feet." A denial will be issued if the project will vio- late the CRC's standards for development in areas of environmental concem, the local CAMA land use plan, or a local development regulation. Once the LPO makes the decision, you will be sent an official CAMA permit decision (see Figure 6) by registered or certified mail. The decision will be marked "permit," "conditional permit," or "denial." If your permit is approved, you must sign the permnit decision form and return it to the LPO within 20 days. If you fail to do this, the decision will be considered a denial. If an applicant for a minor development per- mit does not receive a decision or a notification of extension within 25 days of the date the ap- plication was received by the LPO, then the per- mit may be considered issued and the applicant can begin work on the project. "Enclosed area is limited to a maximum area of 500 square feet." 14 MINOR DEVELOPMENT PERMIT PROCESS CAMA MINOR DEVELOPMENT PERMIT acotoo'oct( byl tinI tote Icc Caccitoc. 0~MI tie ellttlorc eceOrt tea Cenceuite cDocoen~a od ACeo] ceoccyctC rrtloerm teo;dd~ Genect Ottuto. meColitirecOceceCnl. _4 .1 .1-i .� -1 - teccd ie to f mnit-c, -otoocion1acd tldcenril.eccet On . iecot nconeli,cotoe~ itOtteceeriicai~nmccacoac.cin cue.~ conooer oPt Ice prenc a coetoctochl otoictiolm cot Y umi cdittoo eta moot fotlh doo> toe eoictee ole tnnrcbiecteto rcilu otednetttumcecteco~acttiuc*;l Ote~ h ~mic ce Oc peett toeocdec Prappli.ttor. conference mitlt Local Permit Officer to determine hlae type of permit it required on if project it r-empt from CAMA -tandandI Ecemption Work may begin Cuetoltation mitt, 0CM field Co..l.a=t Euempdee Applicant files for Major Deunlonmeot Work may begin I Peenit Minor De-elopmeet Permit application aed fee cubmitted to Local Pe-tit Officer Local Permit Officer`-icit cite and mciew- CRC utaodtedo, Iad -cr plan ted local decelnyme-t mgultibon I Local Peit Officer prieti public notice io local n-Putaper I Public tebmico commenen en Local Permit Offi-m neic ecr ic tuto nn cc mecatet hy to umn ltue a cuen ocaterd ecrot muleloo Wl ocr, a ot t iocn~ aco. e mlron c o a e e o eno t. nn nmtc oo c o octo tortl~ ~u e c e r c Mit n n d c c cl Ic m e e cII i n a c e t . � t c t o t t o t o n . c t t . c e t menu l tice clue to eeoio tl i,i nct e te In, cro f~licrm t o n o t o t l t t o r n e t or et i ccc e c al a t e e n ot c n e o n e cY liI met etoa e o otte Oltl cecoit e ce an In centl m d enti l ti c co e toc~ teel eteito i t a lti cermn i tnm n otueuedecct ocna u toch tetccctlut, l t o e e n c o I me ru c 0! t o o t r c o l c u t o u t O t e e o n e t h o c i t . . i ca o e t c c . c c . t t m c c t c n e t ia c c c c e .a c e c � . il Local Permit Officer decide on permit I Pemeit d-ied Applicant notified Apynul cc CRC p ocsib in Permit cpproced wide PemiP-eppeced witS n c-ndifion c-odition- Permit tent o app icant Permit cons to applic mnt Permit rent I P-it t t. Ppli for tig-atune Applicant mmmcrn signed permit to Whe L.pO. Work mey begin Figure 6. Sample minor permit that will be issued if a project is approved by the local permit officer. Figure 5. Minor development permit process. 15 Major Development Permits If your project requires a major development permnit, you should contact the Division of Coast- al Management's office closest to the com- munity where the project is located. (See appendices for addresses and phone numbers.) A field representative will visit the project site, discuss the proposed project with you, and give you copies of the Application for CAMA Permit for Major Development. Before you com- plete and submit the application, ask the field representative to suggest any changes or alterna- tives to the project that would help it meet the Coastal Resources Commission's guidelines. The major development permit application form also serves as an application for three other state permits. Any project requiring one of these permits listed below also requires a CAMA major development permit. � Pernmit to Excavate and/or Fill: required by the state's Dredge and Fill Act for any project involving excavation or filling in estuarine waters, tidelands, marshlands, or state-owned lakes; � Easement in Lands Covered by Water: required by the Department of Administra- tion for any filling activities in navigable waters which raise land above the normal high water mark; and � Water Quality Certification: required by the Environmental Management Commis- sion for any activity which may discharge fill into waters or wetlands and which re- quires a federal pen-nit. Combining the applications for all of these per- mits into one formn reduces confusion about the application process and the time it takes to review permnit applications. The form also serves as the application for-permits from the U.S. Army Corps of Engineers required by Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. In 19 81, the Corps of Engineers agreed to entrust its processing for "Section 10/404" per- mnits to the state of North Carolina for projects also requir-ing a CAMA mnajor development per- mit and state Dredge and Fill Act permit. Under this arrangement, the state receives comments on each project from federal agencies. The Corps still retains the authority to conduct a separate federal review if necessary. However, 95 to 100 percent of the projects which pre- viously had to have separate state and federal reviews now need only one from the state, thus avoiding duplication and delay. The Permit Application The permit application (see Figure 7) asks for basic information about the project and the property involved. This includes: � the applicant's name, address, and telephone number; � the location, scale, and nature of the project; * the type of land to be excavated or filled, and the type of equipment to be used; and * the intended use of the project and the amount of time required to complete it. The completed application must be accom- panied by a copy of the deed to the property in- volved (and a letter of permission from the property owner if not the applicant), a list of neighboring waterfront landowners, and an ac- curate work plat. The applicant's signature on the formn allows the field representative to visit the site and review work occurring there. 16 Pl-a,, ,, P -on- d -a Cnlla lan,nl al1 .. ,,rated d,a-,lo]m. n aniann. Pnalading,onnnnaa- 6- anto. il__ n-, f alniz. landalaaaa antI nanr c nonnoonol I/N .-l dnfonnon i, "n, la_n on P.... .. P- NIA ln-n ap- pl 1 1-alel moan IA and 8-9 n" in -tnplan,,d I- I APPLICANT 1. D-i.tbo PI ... ananin -f 4i, p,,,.cj. 4 LAND AND WATER CHARACTERISTICS g. L.a, hi,n--tala.noc- aa a-lIpa, - -an-. a.phaln. o b on-anan. la ad fan pa-id ufacan. __ _ _ _ _ _ _ _ _ _ _ la. II apploaslak. h a nom.r angcr palamda nah nbird/a L iiiatnnf Ea. ntnonnmanlhlaaagamnnann Dnn/ha paapnnd aaaaang diapanal and/on nanna haann failfn ._ Hlanehanfaailotnn acclnn nd eorIr p. -noah , D w-ng fr mena faI/a/na. 1. Da Ib a -on and 1,Pi, f di.h.ag a alh (I,a -anpln. --fa.n-off. If/an h a a,,. a iaaaoa nfifan. oh WI-l t naI _ W,, l,,bppl "" fnian pm/ama ., (man dhbilpni, nain m~anla/land pablc leaaah amnannana on pat.- lfnlanhepna1taa ann ahnoa a/anirna. oh~arSu la ahelanalnon ahanan mea In laf~ a ha fima hala/naal a/n,?____________ 6 EXCAVATION AND FILL INFORMATION a. Amn of -wil ba---d I-rn Tap, of :r.a'lal d. D- nh ana,t1a , -d iad nal&d aah. land. -apa. anor .hin,nl d_ _ Hrph tand a baaa-/onraoabranaada __ fDtnr a olapoid/apoal anna _p _-_- g- La/an/an af lpaif digon-l -.- h Do arm/rI, lan dipa-i anna. (( nan. namlac a lanae granning na/anton Irman i h, na//ill a d/nanol hra na auiiLbl fa(oa It,,, Ilat. al,,?_ __ _ __ _ __ _ __ _ _ h,Daa 'a dap-al titald an...r..lhland. nanplanda r, _- . k, VPIRI hb fill ma-n/al ba pla-d I,, n-an highwh r IT Aana of fill -L oala /ad m.Taalall naartnanl WSh.ta affilll aanalb W/ll Ella m ral h, pi-ad anmanl -aaahna na nlanda?__________________b AlcI N. Han wll aacavaad an ll anaallaalrakpnaa nrrand aaantaoacntollnd?_______ Snh, rha npaofaa~nanaraaaon ~lmaana ll ba tand0 Ifoannnpla. dna~lana, blalhan. an hadranlia dandanl? W/llwralaadalaaanandtan ranopaaantng aap- nanaraaa ha panInO an?.! If nan. aaplant nba nap than n/ill ha baae aa INn a n- /ioaflaaflal taapaaa o S/an a- ln -roarona _ F. Sac of tadaaadaal b/l ____________ atonal E~lnanlan Varnaal Dnoaa ____ I. SoI arpalalndan aalnl aI _________ VaarH- naa ___d_____-_ H. M -f-d-n .Io , _ _ 5 Wlaaaaohn CAMA bad U Plan CDEELfiOPN- a,n al a/ho om?!Lml ICaal ha laI land oa, plaa.f Caaaana/ioa .Tranaaio/aa D,nnloarad ___ anman/na lIanal ___Oafaan S. Hlana herar u ha oatra laaaalaoaanaatnnn Han ar ad/aaao na var claantf/d? ____ I Hanapaafananl amha.lo/alupinaaaa,l aa Ifaabara,fnaail S UPLAND DEVELOPMENT a. Na-aa A- IR __ Zip -__ an ph-n - L-adonnaaaa A,,,ta... _ P r na i ana___if____ a I ha appl-oan- ', att ha l-ada-nna.alaraa.a tha tornaa, anane and addraaa 2 LOCATION OF PROPOSED PROJECT .Snna-aadd-aaa an --aadaaa aad -nn/-n la Cay. anna~. aonanonn Imlaaanrl N- Coonan d.I lapaponadnfn-tla raannalona oara . plannatna a. Nann If xl �Iuarrlaaao a cl,a aa la r 3 DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a Dannalanall daanlop-anaaaraaa -o anor- n lloaaaaanpla, hlaoldnaarraahl. aaoaal. aanaa. folhLaad. on anna)- Caalpnnanlaia aaan,oa /1 Iha pnynaa inaIad,, aan a. Ta and -.nalanoldanaa facnlonani . an I'. Noaalaaa af loa- on panLnld and ala onaa pnn aa-d. - d St-wl , an,a ,- Ifghad.d nd,ananfad_ -d If-la aapand p[--- nIl d/aa-l mannnIan annaaa- ld a,d.,a DLhaaLnafRLaad lfnaaaaan anna nanatna anaaaaao and nadimnana nannoananmal plan an fnaan la/an dlan fana land dnanndgfaaaann-f,agnna If app/-cabIn. 7a5a aadimnaananana and anannan ananna plan bena nolu haannadnnlaa flaannnaalLandahnnaoaaanr ofb,inaadaa n,nannnalaaft nadhr _ft. panannhr rlnnonfaa.aoafnaapaaaatnaa. botd/anga. an afnahpa. a. Wanon . hla/ ala- aonpnaof p-pnnd -. lon (nbl anamanain Ina/Inti/a baIhi~lbnd, i.c t cvrdi S-..io 73 Lnngnh Widnh Dlph Ac~ann ahannal IMLWI) o (NWLI Gaa,Sona l a- na,, iann. welana, an na. HWU filanla -iCI 7 SHORELINE STABILIZATION L-nga, of bol.&bad an raph. . A-nnaga daaan. - --nnnaandol anoah/ghnnaih .-. no-a- nanna na,l_ a Sho-nl-na -on doning-pnnading P-df nnlaa. an fan, T l-ofllahead manna/a A.noo-nn6fl6 ll. nm -bka-d . bal, pla-ad lanlonnaan -ghih ann, ____ a Ta of fill an-nal6 lfaoa" plan na/na/ild a nnaatnan a/na nomplnan and amanh Fon DCLMf-P-M la Inlanh,P,op.aaldaa-m-ma.n...anaanlanai- tanag , o/nan. -n -nk. onlanla _ - a Willnla,,pm/nar o- baa.mman/n. Innann-on -!mrla c Figure 7. Sample application form required when applying for a CAMA major development permit. One copy of the completed application must be returned to the Division of Coastal Management's field office so review of the ap- plication can begin. If a federal permit is re- quired, a copy of the completed application must be sent to the U.S. Army Corps of Engineers' Wilmington District Office. This request causes the state and federal reviews to begin at the same time. (See appendices for addresses and telephone numbers). The third copy of the com- pleted application is for your files. Proof of Ownership If the major development permit application is also an application for a state Dredge and Fill Act permit, a copy of the deed (or other docu- ment showing title to the land) must be attached to the copy sent to the Division of Coastal Management. A copy of the deed can be ob- tained from the county register of deeds office. If the applicant does not claim to be the owner of the property, then he or she must also submit a copy of the deed along with written permission from the property owner to carry out the project. Notifying Adjacent Riparian Property Owners The applicant must include in the application package a list of the names and addresses of the owners of adjacent waterfront properties. These can be obtained from the county tax supervisor's office. If you are applying for a state dredge and fill permit as well as a CAMA major development permit, you must notify these persons about the proposed project by sending them a copy of the completed application by certified or registered mail, if their addresses can be determined. If cer- tified or registered mail is used, then copies of the postal receipts must be attached to the ap- plication form. If the addresses of the neighbor- ing landowners cannot be determined, then the applicant must publish a notice in the local 17 MAIOR DEVELOPMENT PERMIT PROCESS Pre.applicatton conference wil h DCM Field Consultanl lo telermine what t'yp of permit is required or If project is exempt from CAMA standards Consultatton -ilth Po~~j L Estntpttoat Lotti Pera,at Of bcts |d StE t5tty | et Apelitanotr D seoe I Mmntor Devlpentet P_e-mt l AD,ACENT RPI'ARiAN .AlOWNLNP' SrAT[Efi Genetral Statdtt 113-'> : O requirc'' t1h r,dearl I tItnd'w , with lntc c l dadioj nq a prnp"sed exe avattt and/or ic] protect Be iver Lhlr,t IC' dayn to wh:th l0 eminent 0n tho Ir,' te t. Th ''em al1lt. the adl'(ent riDeraJsn Jr}toatee r ttOtpO eitie I') h'tat le o!l)tW t, Ithe prelert or, I'! Ihat hp does not tieat tnt dente, to atve hs ri�t t tdh 30-ddy peried -o t tht t' prc es the dl, ltat o an a Frootes mere rapidl]. Sf oCoUthe tte adiarent rhearid' Jdonner need nt S dth thi. form at all tif -te so hoes.- I al an ad-i-ent rfiDridn I10port t 1fle' tne hono seen aapop tte epplt i(tto d Submi tted hy dated , 9 , shtretn e d.d app/li ant redetS'n a permit to etca ate, fill, 'r otherwise alter the land and wane,- ditaent to my properl . [ hase no objection to the protent aS presently proposed and heteLy aaive t,at rt,tt otf objetiot dS prosd'd in General stdttet 113 2-9. I have obectt ons to the pro]ert eS presenle t proPuete and to.ents are ttaihed - R partan Landowner Dt; L ,.... Maior Delopmcnl Permit applation and fet asbe,itted to DCM Fild Offe Fl'i d Con- sttIn toits 'sil and rtvit s CRC slndatds, dtnd uto plan and local daeelopmenl regulalions Field C tsult an~ ends ppjicatie4q nd Field nvestigation Report to Permit Coordinator in DCM Raceigh Office Pe-mOt Coor..di-at sends ctpies of application and Field Inestigation Report to state and fedetrl a gencies Agettcies eetiets sepItatiota and submt somment lo the Permit Coordinalor -4 f,dl. 1 AX- il1 FWnd Oftd- etce 0 tttttt i a to t ew aper | to 0CM RtattglaOttatt Peit Coordinaoasseamblesandreviews somplele application ile and etakes a recommendaion to L "O DCM Directtr Figure 9. Sample form to be sent to adjacent property owners for comments on proposed projects. Figure 8. Major development permit process. that you recognize the natural hazards present in building on the site, that the Coastal Resources Commission does not guarantee the safety of your project, and that the CRC assumes no liability for future damage to the project. Site Maps and Work Plats The permit application must be accompanied by a vicinity map showing the location of the project, and work plats showing the type of work to occur (see Figure 10). The vicinity map is a small scale map show- ing the location of the work site. For this, you may use a U.S. Geological Survey navigation chart, a survey map, or a county road map. An aerial photo would be helpful, but is not re- quired. The map should have an arrow indicat- ing the project's location (see Figure O10(B)) and should identify the source and title of the map used. The vicinity map may be on a separate sheet or, preferably, may be drawn as an inset on a comer of the work plat. newspaper. Forms for notifying adjacent owners are available for the applicant's convenience from the DCM field representative (see Figure 9). All applicants should check with the field representative beforehand about what type of notification is required. State law gives any party affected by the proposed project 30 days to comment on it from the date of notification. Objections to the project do not necessarily result in denial of the permit; however, any reasonable objections must be con- sidered in the Division of Coastal Management's review of the application. AEC Hazard Notice If your project is located in an ocean hazard AEC (that is, a designated ocean erodible area, inlet hazard area, or high hazard flood area), you must fill out and sign an AEC Hazard Notice as part of the permit application. This notice states Fgure 1 0. Sample work plat and vicinity map to be included with a major development permit application. The work plat, or project plan, must indicate the approximnate mean low water line (MLW), the mean high water line (MHW), and the extent of any rmarshland in or near the proposed work site. All coves, creeks, and other water bodies should be included in the shoreline sketch. Ar- rows should indicate the directions of ebb and flood tides and the flow directions of streams (see Figure I0(C)). The work plat must show property boundaries as they appear on the deed, and the names of adjacent property owners. The work plat should show existing and proposed man-niade structures, such as docks, bulkheads, and houses, with some way of indicating what exists now and what is proposed. All work plans must be drawn to scale (Il"=200' or less) to make them easier to understand and evaluate. The work plat must also clearly indicate and describe any areas to be excavated or filled, in- cluding the exact location of spoil disposal sites (see Figure I0(D)). When fill is to be placed be- hind a bulkhead or dike, the plan must show that it will be adequate to confine the fill (see Figure I10(E)). There should also be a note indicating the depth of excavation below the mean low watermark and the cubic yards of material to be removed. 19 A cross-sectional diagramn is required for each proposed excavation, fill, or structure (including bulkheads, dikes, and spoil retention works). The cross-sectional diagram should show the depth of the excavation, or the elevation of the fill, relative to the existing ground level, the mean high water level, and the mean low water level (see Figure I10(F)). The mean low water line should be the reference for other water depths and land elevations shown on the plat. Each drawing should have a simple title block to identify the project, the name of the applicant, the map scale, and the date the map was prepared (see Figure I10(G)). The title block should also indicate whether the work is new or for maintenance purposes, who prepared the drawing, and to what scale it is drawn. All maps and plans must have the usual meridian arrow pointing north (see Figure I10(H)). When two drawings are shown on the same sheet, they must be drawn so that the meridians are parallel. North must be at the top of the drawing. These drawings are attached to, and therefore are part of, the permit application. You may prepare the maps and plans yourself, or hire a surveyor, engineer, or architect to do them. In any case, they must be accurate and neatly prepared in the form described. Use as few sheets as necessary to show the proposed work. A complete set of maps and plans must be at- tached to each application. Originals are preferred. The drawings should be in black pen- cil or india ink on clean, white, 8 1/2" x I11" paper, with a margin of at least F' along the left edge (for binding) and at least a 1/2' margin along the other three sides. Since the law re- quires numerous state and federal agencies to review the application, the drawings must be neat and clear enough to permit photographic reproduction. If blue line copies are used, then you must submit 16 sets of prints with the ap- plicaLion. Marinas/Stormwater Management Plan If the proposed project involves docking or storing more than 10 boats, the application in- cludes an additional page for submitting detailed information about the marina's construction and operation. If the Division of Envirorimental Management determines that a stormwater management plan is required under its rules, an additional form must be submitted. Detailed information on both of these applications' requirements can be obtained from the DCM field representative. Additional Information If the Division of Coastal Management needs more information about the project during its review of the application, it will notify you by mail. Activities requiring a major development per- mit are often part of a larger development project that takes place outside of the AEC. The Division of Coastal Management may ask for full information on the entire development project to see how it might affect the quality of coastal resources. This helps in evaluating the major development permit application and in detenrmining if the proposed work is consistent with the CRC's development policies. Application Fee When you submit the permnit application materials to the DCM field representative, you must also pay a $ 100 fee to help defray the per- mit processing costs. This should be paid with a check made out to the Division of Coastal Management. How the Application is Reviewed Once the DCM field representative has received all of your application materials, he or she will visit the project site, see if the project meets the guidelines for development in that 20 When you first talk to the field representative, it is a good idea to ask about how the land use plan and local development regulations might af- fect your project. Public Notice Once the field representative receives your complete application, the Division of Coastal Management will publish a legal notice in the local newspaper. This notice lets other people in the community know that your project is being considered for a major development permit. The public has the right to examine the application file to see if the project complies with the CRC's development standards, the local land use plan, and local development ordinances. Review by State and Federal Agencies The complete major development permit ap- plication is circulated to state and federal agen- cies for review before the Division of Coastal Management makes a decision to approve or deny the permit. The application for a CAMA major development permit is an "umbrella" document. By completing and submitting the one form, you can also request the Division of Coastal Management's approval of a state Dredge and Fill Act permit, the Department of Administration's approval of an Easement in Lands Covered by Water, the Division of En- vironmental Management's approval of a Water Quality Certification, and the U.S. Army Corps of Engineeers' approval of a Section 404/Sec- tion 10 permit. The application is circulated to all of these agencies plus those responsible for protecting wildlife, historical sites, public health, and water resources, as listed below. AEC, and see if the project complies with the local CAMA land use plan and local develop- ment ordinances (see Figure 8). Site Visit The field representative will visit the project site to make sure that the site maps and work plans are accurate. The field representative will look at conditions that the project will have to take into account to meet the Coastal Resources Commission's standards, and will also post an official notice that an application has been filed for a CAMA major development permit. Compliance with CRC Standards In conjunction with the site visit, the field rep- resentative will check to make sure that the proposed project complies with the CRC's "general standards" for that AEC and "specific use standards" for that type of development. The standards are described in this handbook; the DCM field representative can explain the stand- ards and how they affect a particular project. Compliance with the Local CAMA Land Use Plan and Local Develop- ment Ordinances The DCM field representative will check to make sure that your project complies with the local CAMA land use plan. The land use plan is prepared by the local government. It sets forth the community's policies regarding develop- ment and identifies different classifications of land where a particular activity is or is not al- lowed. Your project will be denied a CAMA per- mit if it does not comply with the policies and classifications of the land use plan. The project will be reviewed for compliance with the local zoning ordinance, subdivision or- dinance, and other governmental regulations. If the project will violate any of these local or- dinances, then the Coastal Area Management Act prohibits the Division of Coastal Manage- ment from approving a major development per- mit for it. Federal Army Corps of Engineers Environmental Protection Agency National Marine Fisheries Service Fish and Wildlife Service State Department of Administration Department of Transportation Division of Health Services 21 Division of Comnmunity Assistance Division of Archives and History Division of Land Resources Division of Envirorunmental Management Division of Marine Fisheries Division of Water Resources Wildlife Resources Commission Each major development permit application is reviewed by these agencies to ensure that the project will not harm public resources. Each agency returns its comments to the Division of Coastal Management. The comments are used in addition to all the other information on the project in deciding whether to issue or deny the permit. The DCM field representative's written project review report and all agency review com- ments are considered public documents and are available for public inspection. Upon request, copies are furnished to the applicant without charge. The Permit Decision The Coastal Area Management Act gives the Division of Coastal Management 75 days from the date the field representative accepts the ap- plication as complete to approve or deny a major development permit. This can be extended once for an additional 75 days when more time is needed for other agencies to review the applica- tion. The Division of Coastal Management will delay the 75-day period when more information from the applicant is needed to complete the ap- plication file. After visiting the project site and examiring the application file, the field representative will submit a field investigation report to a major per- mit officer in DCM's Raleigh office. The major permit officer then coordinates DCM's review of the project with other agencies. He or she will submit a recommendation based on the field report, comments from adjacent property owners and other affected persons, and com- ments from state and federal review agencies to the director of the Division of Coastal Manage- ment. Based on this infonrmation, the director will do one of three things: � approve the permit with no conditions; � approve the permrit with conditions; or � deny the pen-nit. An approval is issued if the project complies with the CRC's development standards, the local land use plan, and local development regulations. Once the major development per- mit is approved and issued, the project mnust be constructed according to the permit and all rules and policies of the Coastal Resources Commis- sion. An approval with conditions means that the applicant mnust take certain actions to meet all re- quirements and receive a major development permit. The Division of Coastal Management will list these "conditions" on the permit itself. STATE OF NORTH CAROLLN* DIT,AI,11A1 Ar 5,1,1,1 TOA,A,,,Adc,IoAA CA,,0lRT1AAA,CAlA,AT_lAA permit CAAA.AIAAAA.,11AACOS 1135415 El E.A.OAAA..TIAI AIIl_IA,l.A.llllANCAS 113129 ______________________________ l.A._AA IT, pAAAIA,,.pPIA.AA, d.AA Thll0AAl1A,_.AA, ,SbJ.AIIAIAAPII.AO AAA Al * AAIA A_ p.1111111. .AT!A.AAI.gAl.IIAA.. AAIA AA_AAlA.l .92 _AlA IA IAAA A2A A,AAAI,CA,AI 0,11 AIAAIA*1 * PIA11TAAlA_AA1.A11Plll11A11111lAl AIIL.IAAA.AI.A.y1.A11lfl, PAIAIIIAIIIIIII.AI.AIA flA PIAIlA _A0AIAA Al _ppfi.d IA IA, AIAAAlA_ AISAAA AA RI .AIAAAIA Al TI AIIAIfi Al ANAAA .110 * AIAATA.1IAIOpIAA.IAAIAI.,1y11A, I.1,A1A. Al CARA.I A_ CA....] A.IAIAO. CA,AAAIA, 9.5 AA.AIO1IINAA.IIIAAIIIAAAAAIIIAAIO * fill p111511 1.111 I. .IA.IIIIA 111911111 A.p_lAl9Al * p.IIA,l.I 112,1131 p.Aj_1llllAlp1Al.01AlAAllpll5lI Al AIAI.AI1IA,IA.AAA A.AAAIIAIIA TAAIA_ * IA AAIII.A AAIIIAOA 5111111 IIASII A1p.,IAI,lA AIAA,MCA.IIAU.sglsl,, All 5A11 AIAI 1A15AAIA 1AIA.AAA AAPAIIAA ThAPIAIA.9A ,IIIAIIAIAAI.AAI5AA .AAIPAS II *AAll_ AIIAIAA,I. 0131.11 *5511 111.1 VAIl pIAII1IAAA,AIII,l,AIII Al C_lAIll_CA_llAU_51151llPlASlllll SIgIRAS Ill 01511111 Figure I11. Sample mnajor permnit that will be issued if a project is approved by the Division of Coastal Manage- m e u-ft. Some common conditions attached to major development perTnits include: * "The bulkhead aligriment will approximate the mean high water level." * "No marsh grass will be excavated and/or filUed." * "No excavated or fill material will be placed at any time in any marsh or sur- rounding waters, outside of the aligament of the fill area indicated on the plat." � "The riprap material must be free of loose dirt or any other pollutant in other than trace quantities." � "In order to protect water quality, runoff from the construction area must not visibly increase the amount of suspended sedi- ments in adjacent waters." If the major development permit is approved or approved with conditions, you will receive in the mail an original and a copy of the permit (see Figure I11), signed by the director of the Division of Coastal Management. You cannot begin work on the project until you sign both and retumn the copy to DCM. Any conditions will be listed on the permit. By signing this document, you agree to abide by all CAMA standards, any conditions stated on the permit, and the work plat you submitted with the application. By signing the permit, you also waive the right to appeal any conditions placed on the permit. A denial will be issued if the project will vio- late the Coastal Resources Commission's stand- ards for development in areas of environmental concem, the local CAMA land use plan, or a local development regulation. If the application for a major development permnit is also an ap- plication for a state Dredge and Fill Act permnit, both permnits can be denied if it is found that: � the proposed dredging and filling will obstr-uct or damage public use of water- ways; � the project will diminish the value and en- joyrnent of another waterfront owner's property; � the project will damage or threaten the public health, safety, and general welfare; * the project will threaten the quality or quantity of public and private water supplies; or � the project will damnage wildlife or fisheries. If the major development permit is denied, the Division of Coastal Management will send a let- ter stating that by certified or registered mail. If an applicant for a major development per- mit does not receive a decision within 75 days of the date the application was filed, or does not receive notification that the review period has been extended, then the permit is automatically issued and the applicant can begin work on the project (after any other required federal permits have been obtained). 23 General Permits Certain routine types of development which would require either a maj'or or minor permnit are eligible for a general permit. The general permnit has strearmlined the permit process for projects which pose little or no threat to the envirounment, and which were routinely permnitted before the general permit was adopted. The general permit cdoes not require the standard permit application and review period for projects. In most cases ap- proval for a project can be granted on the same day the request is made. General permits have been adopted by the Coastal Resources Commission to apply to the following forms of development: � construction of private piers, docks, and boathouses; � protection of the estuarine shoreline with bulkheads and riprap along aligunments not extending over five feet into the water; � construction of wooden groins for es- tuarine shoreline protection; � construction and maintenance of boat ramps along the estuarine shoreline; � maintenance dredging of channels, canals, boat basins, and ditches when excavation does not involve the removal of more than 1,000 cubic yards of material; � installation of aerial and underwater utility lines in estuarine areas of environmental concem; � emergency work requiring a CAMA and/or dredge and fill permit; and � moving sand from above the mean high water line on ocean beaches to create protective dunes. Each general permit has a set of general and specific conditions which must be met before a project can be approved. These include: � no wetland alteration; � no impacts on adjoining property; and � no unreasonable interference with navigation. The details of these conditions can be ex- plained by a DCM field representative. Any development under this permit must be consis- tent with local regulations, guidelines for areas of environmental concem, and local land use plans. The Application Process To begin the application process, contact the nearest DCM field representative. (See appen- dices for addresses and phone numbers). The representative will visit the project site to deter- mine if the proposed development is a candidate for a general permit. If so, the applicant must complete a one-page application/permnit form providing his or her name and address, location of the project, and a description of the proposal (see Figure 12). A sketch of the project will be made on the same form. The applicant must also document that the adjacent riparian property owners have agreed in writing that they have no objections to the proposed project. If the project is approved, the field repre- sentative will sign the application/permit form, authorizing the work. The project must then be carried out according to the approved plan. If the project is not a candidate for a general per- mit, the applicant will be assisted in preparing an application formn for a standard major or minor permnit. CAMA AND DREDGE AND FILL GENERAL PERMIT as authorized by the Soate of North Carolina, Department of Natura, Reo-re, and Communily De-elopment and the Coaital Reoures Commsion in an area of environmental c oncrn pursuit to 1 NCAC PROJECTDESCRIPTION SKETCH (ISCLE: Pite [dokt lenlh uli he,d ler - mu dIta.ct ofhb _ Boat ~amp dimensions OACTr This permit is subject to compliance wilh his appllcation. sit drawing and attahed goneral and Specific ondilions Any violalion hof theh erms may subleet the permittee to a ine. imprisonment or civil action: and may cause thc permit to be come null and oid This permit must be on - he project ite and aessible to the permit officer when the protect f inspected for compliance The applicant certifies by aignin� this permit that li thi- pro ICot it tonristen with the lota land use plan and all Imal ordinances and 2) a wrllLen otatcment has been obtained from adjacent riparian landuwnert, crtifymg that they have no obectilons to Ihe proposed work In issuing his per mi the Slate of North Carolina crtifies that this prootI is consistent with the North Carolina Coasta Management Program Figure 12. General permit application/permit form issued for routine types of development activities. 25 Variances, Appeals, and Enforcement Actions Variances An applicant may petition the Coastal Resour- ces Commission for a variance to undertake a project that is otherwise prohibited by the CRC's development standards. Applying for a variance implies that you recognize the CRC's rules for development as valid, but are asking for special flexibility in the application of these rules due to exceptional conditions or hardships at the project site. Anyone applying for a variance should contact the Division of Coastal Management's field representative for the com- munity where the project is proposed. Variance petitions may only be considered after a final permit decision has been issued. The petition for a variance must be filed with DCM on a standard form. It must be accom- panied by additional information on the nature of the project and the reasons for requesting a variance. The Division of Coastal Management will then schedule a variance hearing and prepare recommendations for the CRC to either approve or deny the variance. 'There are two procedures for consideration of variances. If there are no disputed facts, an expedited variance procedure is available. The variance petition, a set of stipulated facts, and statements by the petitioner and DCM staff are submitted directly to the CRC for decision. The petition for a variance must be received four weeks before the CRC meeting at which the case will be heard. The facts in the case must be agreed to by DCM and the petitioner no later than two weeks before the CRC meeting. If there are disputed facts, a contested case hear- ing is held following the same procedures set out for appeals in the next section. In these in- stances, the hearing officer's report is then sub- mitted to the CRC for a final decision. In both instances, a notice of the variance petition is published in the newspaper and members of the public are offered the opportunity to comment. To receive a variance, the petitioner must adequately show that: � strict application of the CRC's develop- ment standards results in practical difficul- ties and/or unnecessary hardship; � these difficulties or hardships result from conditions peculiar to the property in- volved; � these conditions could not have been an- ticipated by the CRC when it adopted the development standards; and � The proposed development is consistent with the spirit, purpose, and intent of the CRC's development standards. If the CRC is satisfied with the petitioner's reasoning, it may approve the variance with or without specific conditions. Detailed standards on the variance process may be found in Title 15, Subchapter 7J, Section .0700, of the N.C. Administrative Code. Appeals The Coastal Area Management Act and Dredge and Fill Act grant an automatic right of appeal to the permit applicant and the secretary of the Department of Natural Resources and Community Development, who must notify the Division of Coastal Management within 20 days of the permit decision that they want to appeal. No development is allowed while the appeal re- quest is being considered. Any other directly af- fected person or agency who wishes to appeal a permit decision must request a hearing within 20 days of the permit decision from the chairman of the Coastal Resources Commission and must show that: -CAMA regulations have been violated; 26 * the petitioner is directly affected by the permit decision; and * the appeal has a reasonable likelihood of success. In order to legally file appeals, detailed proce- dures and forms required by the state Ad- ministrative Procedures Act must be carefully followed. Appeals generally must be on these forms, notarized, and filed with the Office of Ad- ministrative Hearings in Raleigh (address in ap- pendix). Further information on this can be obtained from that office or any DCM office. Once the request for a hearing has been made, all work authorized by the permit must be suspended until the matter is settled. If a hearing is granted, the Division of Coastal Management schedules an appeal hearing before an ad- ministrative law judge. The parties to the hear- ing may be represented by attorneys, but this is not required. After the hearing, a full transcript of the hearing is prepared and each party sub- mits its proposed findings and conclusions to the judge. Based on this, the judge recommends a decision to the full Coastal Resources Commis- sion. The CRC then, in regular open session, decides to either uphold or overturn the permit decision. The Act requires the entire appeals process - from the initial filing for appeal to the CRC's decision - to be completed within 180 days. Any appeal of the CRC's decision on varian- ces or appeals may be made to the Superior Court. Enforcement Actions Permits issued under the Coastal Area Management Act - and the conditions in those permits - are intended to protect the natural en- vironment, public health, and economic future of the North Carolina coastal area. The General Assembly has provided penalties to be applied when CAMA's permit requirements are violated. A violation of the Act occurs when develop- ment is undertaken in an AEC without a valid CAMA permit, or when any work that is per- mitted is carried out in a way that does not com- ply with the CRC's standards or with the permit's conditions. When a violation occurs, the local government or the Division of Coastal Management can issue a cease and desist order, require restoration of the damaged public resour- ces, and assess a penalty for the violation. In all violations, the first priority of the Division of Coastal Management and the Coas- tal Resources Commission is to seek prompt res- toration of the damaged area. If necessary, injunctions may be imposed by the courts when voluntary efforts fail. Criminal penalties can also be imposed by the courts for willful permit violations. The CRC may also assess civil penal- ties of up to $2,500 for major development viola- tions and civil penalties up to $250 for minor development violations. Each day the violation continues may be considered a separate viola- tion. The amount of the civil penalty can be con- tested by appeal to the CRC. Civil penalties are proposed by the Department of Natural Resour- ces and Community Development based on a schedule set by the CRC. If contested, a formal appeal hearing is held on the transcript and find- ings of this hearing are presented before the CRC at one of its regular meetings, where the full CRC decides whether or not the proposed penalty is appropriate. Enforcement problems will not arise if work - on the project is carried out in compliance with the CRC's development standards and any spe- cial permit conditions. Work on the site will be periodically inspected by DCM's field repre- sentative and/or the local permit officer. When you get a CAMA permit you should consult with the field representative or local permit of- ficer before actually beginning work to make sure that any construction methods you use will meet all requirements and not cause unnecessary damage to the coast's natural resources. 27 Details on the enforcement process may be found in Title 15, Subchapter 7J, Section .0400, of the N.C. Administrative Code. 28 Chapter Two Areas of Environmental Concern and the Coastal Resources Commission's Development Guidelines Estuarine System Areas of Environmental Concern In carrying out its responsibilities under the Coastal Area Management Act, the Coastal Resources Commission has designated four categories of Areas of Environmental Concern (AECs): the estuarine system, the ocean hazard system, public water supplies, and natural and cultural resource areas. These AECs, and the standards for development in them, cover almost all coastal waters and three percent of the land in the 20 coastal counties. The following descriptions of the estuarine sys- tem AECs will help you identify whether or not your project is located in an area of envirornmen- tal concern, as well as explain each area's impor- tance and the reasons why it is necessary to manage development there. The estuarine system is the coast's broad net- work of brackish sounds, marshes, and the shorelines surrounding them. These lands and waters support an abundance of plant and animal life and are a great economnic and recrea- tional resource. Each component of the estuaiine system depends in some way on the others. Any alteration, however slight, in one part of the es- tuarine system may have unforeseen consequen- ces in other parts of the system. For example, the destruction of a salt marsh may lower the quality of estuarine waters and stimulate the erosion of nearby shorelines. As an interdependent collection of lands and waters, the estuarine system needs coordinated management to ensure that human activities in one part of the system do not damage other parts of the system. Development in the estuarine sys- tem needs to be managed in order to protect the system's important values and benefits. These values include: -good water quality for commercial and sport fishing, recreation, and human con- sumption of fish and shellfish; � continued free public use of navigable waters; and � undisturbed nursery areas, spawning areas, shellfish beds, and other important habitats. The following components of the estuarine system have been designated as AECs: es- tuarine waters, public trust areas, coastal wet- lands, and estuarine shorelines (see Figure 13). The coastal management programn gives highest priority to the protection and coordinated management of these AECs to safeguard and perpetuate their biological, economic, recreation- al, and aesthetic values. The CAMA permit standards for these areas are designed to make development compatible with the natural en- virounment and to reduce damage to public resources and private property. Estuarine Waters Estuarine waters are the most extensive com- ponent of the estuarine system: the state's sounds and tidal rivers link the wetlands, es- tuarine shorelines, and public trust areas. The Coastal Area Management Act defines estuarine waters as 'all the waters of the Atlantic Ocean within the boundary of North Carolina and all the waters of the bays, sounds, rivers, and tributaries thereto seaward of the dividing line between coastal fishing waters and inland fish- ing waters, as set forth in an agreement adopted by the Wildlife Resources Commission and the Department of Natural Resources and Com- munity Development." For the specific boun- daries of estuafine and inland waters contact the nearest Division of Coastal Management office. (See appendices for addresses and phone num- bers). The high biological productivity of the es- tuarine system depends on the unique water cir- culation patterns of the estuarine waters. These 30 activities that require use of and access to the water, and cannot function away from the water. Water-dependent uses include navigation chan- nels, marinas, boat docks, piers, moorings, and erosion control strctures. Public Trust Areas Public trust AECs cover waters and sub- merged lands in the coastal region where the public has rights of use and/or ownersliip, in- cluding rights of navigation and recreation. These areas support valuable commercial and recreational fisheries and are important resour- ces for economic development. The following lands and waters are public trust areas: � all waters of the Atlantic Ocean and the lands thereunder from the mean high water mark to the seaward limit of state jurisdic- tion; � all natural bodies of water, and all lands thereunder, to the mean high water mark; V LEGEND EM Estuarine Waters E:i< Estuarine Shoreline ,M Public Trust Waters = Coastal Wetlands COA'~SD FI~SIjI WATERS 7tf AEC BOUNDARY 75' MEAN ESTUARINE AREAS OF ENVIRONMENTAL CONCERN (Typical Creek, N.C.) Figure 13. Estuarine System Areas of Environmnental Concern. pattems are caused by tidal energy, the mixtures of saltwater and freshwater flows, and shallow water depths. The circulation of estuarine waters transports nutrients and plankton, spreads young fish and shellfish, flushes plant and animal was- tes, cleanses the system of pollutants, controls salinity, shifts sedimnents, and mixes the water to create a multitude of productive habitats. These habitats include nursery areas, mud and sand flats, salt marshes, submerged vegetation beds, and shellfish beds. The estuarine waters are also an important economic resource because they support boating, fishing, swimming, and other recreational activities. They also have con- siderable value for education and personal enjoy- ment. The CAMA permit program gives highest priority to conserving the natural processes of es- tuarine waters. Second priority for the use of es- tuarine waters is given to "water-dependent" all navigable natural bodies of water, and all lands thereunder, except privately- owned lakes to which the public has no right of access; * all water in artificially-created bodies of water containing significant public fishing resources or other public resources which are accessible to the public by navigation from bodies of water in which the public has rights of navigation; and all waters in artificially-created bodies of water in which the public has acquired rights by prescription, custom, usage, dedication, or any other means. These areas overlap with the estuarine waters AEC, but they also cover inland fishing waters that are not in the estuarine waters AEC. Development in public trust areas must be properly managed in order to protect public rights for navigation and recreation, and to per- 31 petuate the biological and economic benefits these areas provide to the people of the state. Projects which would directly or indirectly block or impair existing navigation channels, in- crease shoreline erosion, deposit spoils below mean high tide, cause adverse water circulation patterns, violate water quality standards, or cause degradation of shellfish waters are general- ly considered incompatible with the manage- ment policies for public trust areas. The development of navigation charmels or drainage ditches, the use of bulkeads to prevent erosion, and the building of piers, wharves, or marinas are examples of uses that may be acceptable within public trust areas, provided they will not be detrimental to public trust rights and the ecological functions of the area. Coastal Wetlands The Coastal Area Management Act defines a coastal wetland as any marsh subject to regular or occasional flooding by lunar or wind tides. Freshwater swamps and inland wetlands are not covered by the Act, unless the CRC designates thern as a "natural resource AEC." They are, however, protected by the Clean Water Act and a Corps of Engineers permit is required for work in them. Coastal wetlands contain some, but not necessarily all, of the following plant species (see Figure 14). -~~ -cf: - - - Salt Reed (or Giant Cord) Grass. (Spartina cynosuroides) Saw Grass Salt Meadow Grass (Cladium jarmaicense) (Spartina pa tens) Figure 14. Plant species common to North Carolina's wetland areas. 32 Smooth Cord Grass (Spartina alterrni.lora) Black Needlerush (Juncus roemerianus) Glasswort (Salicornia spp.) Salt Grass (Distichlis spicata) Sea Lavender (Limonium spp.) Bulrush (Scirpus spp.) Saw Grass (Cladiumjamaicense) Cat-tail (Typha spp.) Salt Meadow Grass (Spartina patens) Salt Reed or Giant Cord Grass (Spartina cynosuroides) The roots, stems, and seeds of marsh plants provide high quality feed and nesting materials for waterfowl and other wildlife. Plant leaves and stems also tend to dissipate waves while their extensive root systems bind soil; thus, marsh plants reduce the erosion of estuarine shorelines and help guard against flood damage. The unique productivity of the estuarine system is supported by the nutrients and decayed plant material (or detritus) that the marshes produce; these nutrients and detritus support marine life. T'he marsh also traps nutrients by slowing the water which flows over it. In this manner, the level of nutrients supporting life in the estuaries is maintained, and sediments hanful to marine animals are removed. Without coastal wetlands, the complex food chains and high productivity levels typically found in the estuaries could not be maintained. That productivity is of great importance to North Carolina's economy. Ninety-five percent of the commercial and recreational seafood species (including shrimp, flounder, oysters, crabs, and menhaden) depend on coastal wet- lands for part of their lives. Estuarine Shorelines The CRC has designated as an AEC all shorelands within 75 feet landward of the mean high water level, or normal water level, of the es- tuarine waters (see Figure 13). Estuarine shorelines, though typically dry land, are an im- portant part of the estuarine system because, of their connection to the estuarine waters. Im- proper development along the estuarine shoreline can pollute or destroy adjacent waters and wetlands. Estuarine shorelines are also vul- nerable to erosion, flooding, and other natural hazards found in the estuarine system. Development along estuarmne shorelines must not damage these natural barriers to erosion, nor should development harmn documented historic architectural or archaeological resources. It is also irnportant for construction projects to avoid causing sedimentation of estuarine waters, and to avoid covering the shoreline within imper- vious surfaces. Buffers of natural vegetation be- tween the shorelines and development provide additional protection for estuarine resources. 33 General Standards Since these areas are natural barriers to erosion, they help protect human structures lo- cated along the shoreline. No major facility paid for in any part by public funds shall be permitted if it is likely to require extraordinary public e-xpenditures for maintenance and continued use, unless the public purpose served by the project out- weighs the required public expenditures. The use of public funds to finance the con- struction and maintenance of buildings, erosion control projects, and other structures can be futile if the projects are subject to repeated damnage by erosion and flooding. In some cases, the level of protection or other benefits these structures provide does not jus- tify the amount of money spent to build and maintain them. Impervious surfaces shall not exceed 30 per- cent of the lot area located within the AEC, unless such a limitation will allow no practi- cal use to be made of the lot or the applicant can prove that the project's design can protect natural drainage as well as the 30 per- cent coverage limit. All development projects shall limit the construction of impervious sur- faces, and other areas prohibiting natural drainage, to only the area necessary to ade- quately serve the major use of the lot (see Figure 15). Impervious surfaces along the estuaiine shoreline (such as parking lots, driveways, and patios) keep rainwater from seeping into the ground. Significant shoreline erosion can result as rainwater runs off the paved surface, across the bank, and into the estuarine waters. This runoff can also carry sediments and pol- lutants from the pavement into the estuarine waters. All development projects shall meet the stand- ards of the N.C. Sedimentation Pollution Con- trol Act of 1973. Certain provisions of the Sedimentation Pollu- tion Control Act (G.S. 1 13A-57), which are described below, directly address construc- tion along the estuarine shoreline. Estuarine Shoreline AEC Estuarine shorelines have a direct effect on the quality of adjacent estuarine waters and habitats. As the dynamic meeting point of the land and water, they are also subject to damage from flooding and erosion. They provide a buf- fer between development and the estuarine waters - a buffer that can keep sediments and pollutants from contaminating estuarine habitats and protect development from erosion. The Coastal Resources Commission has adopted use standards for development along es- tuarine shoreliries. These standards apply within 75 feet of the mean high water line. They are designed to minimize the effects of development on the natural functions of the estuarine system and recognize the dynamic and hazardous nature of the shoreline itself. Any project along the es- tuarine shoreline that requires a CAMA pen-nit must meet the following standards (which are of- ficially stated in Title 15, Subchapter 7H, Sec- tion .0209 of the N.C. Administrative Code) before a minor or major development permit can be issued. Development shall not cause significant damage to estuarine resources. Development shall not interfere with existing public rights of access to, or use of, navigable waters or public resources. All development projects shall preserve and not weaken natural barriers to erosion, in- cluding (but not limited to) peat marshland, resistant clay shorelines, and cypress-gum fringe areas. Certain soil formations and plant com- munities along estuarine shorelines help slow erosion. Peat marshlands and cypress-gum communities have dense vegetation and root systems which hold soil in place. Clay soils, being denser and more cohesive, are less sus- ceptible to erosion than loose, sandy 5oils. 34 There are rnumerous sites along the coast con- taining significant cultural resources that need to be protected. Historic architectural structures provide examnples of important ar- chitectural styles and/or a legacy of people who have played an important role in the coastal region's bistory. Archaeological resources (such as the remains of Indian set- tlements, sliipwrecks, and Civil or Revolution- ary War artifacts) provide valuable information on the history of the coastal region and its people. These resources need protection, not only for historical and ar- chaeological research, but also as lasting sym- bols of the coastal region's heritage. Informiation on the location of valuable ffis- toric architectural or archaeological sites can be obtained from the Division of Archives and History in the Department of Cultural Resources. (See appendices for address and phone number.) The project must comply with the local land use plan. Each of the coastal region's 20 counties and nearly all of its incorporated towns have adopted local land use plans under the Coas- tal Area Management Act. A local land use plan contains the goals citizens have estab- lished for their community, a set of policies that the community will use to manage development to reach these goals, and a map classifying lands in the community according to the types of development that should occur on them. The Act requires that projects that receive CAMA permnits comply with the local land use plan. If the local land use plan does not allow a certain type of development within the land classification where it is proposed, a CAMA permit cannot be issued. Exemptions The Coastal Resources Commission does not require a minor development permit for single- family residences built within the estuarine shoreline AEC which are more than 40 feet from the mean high water mark, or norfnal water level. To receive this exemption, no land-disturb- ROAD D~1RIVEWAY lo' AEC BOUNDARY (SHADED AREA RERESENTS IMPERVIOUSI SURFACE WITHIN AEC BOUNDARY) INo more than 30%i of lot area allowed to he cvrd(within AEC area).o Lot area 50 -75 = 3750 sq ft Ipervious surface 30 ii 30 =-900 I0 - 12.5 = -125 5' 1025 sq ft =less than 30% coverage ESTUJARINE WATERS Figure 15. Example of the maximum impervious surface allowed to cover a lot located within the Estuarine Shoreline AEC. 1. All projects which disturb more than one acre of land must plant a ground cover suffi- cient to restrain erosion within 30 working days of final grading. 2. All projects must provide a buffer zone along the water which will confine visible sil- tation to the 25 percent of the buffer zone nearest to any land-disturbing activity. 3. No project shall include an angle for graded slopes or fill greater than an angle which can be obtained by vegetative cover or other erosion control devices. All development projects snall meet the stormwater management rules of the Environmental Management Commission. Development shall not cause major or irre- versible damage to valuable, documented his- toric architectural or archaeological resources. 35 ing activities may take place between the house and the 40-foot buffer; an accessway fromn the house to the water may be built as long as it is no wider than six feet. In eroding areas, this ex- emption applies only when the local permnit of- ficer believes the house is located the maximum feasible distance on the lot (but no less than 40 feet) from the shoreline. In all cases, the build- ing mnust meet all other applicable CAMA per- mit standards and comnply with all applicable local land use plaris and regulations. Before beginning any work under this exemption, you must notify the DCM field representative of the dimensions of the building, its location, and the landowner's name, address, and telephone num- ber. This exemption is officially stated in Title 15, Subchapter 7K, Section .0309 of the N.C. Administrative Code. 'Me Coastal Resources Commission has also exemnpted from the minor development permnit requirement certain work in the estuarine shoreline AEC to maintain, repair, or construct some private bulkheads with backfill, to place riprap along shorelines, and to construct piers and moorings in the coastal waters. Anyone proposing such a project should first check with the DCM field representative or the local permit officer to find out what conditions mnust be met in order to quality for the exemption. The ex- emption does not apply to commercial proper- ties or multi-unit residential properties. This exemption is officially stated in Title 15, Sub- chapter 7K, Section .0307 of the N.C. Ad- ministrative Code. Coastal Wetlands, Estuarine Waters, and Public Truist AECs Coastal wetlands provide vital habitats for coastal wildlife. They protect water quality by trapping sediments and pollutants. They reduce flooding and shoreline erosion. They produce nutrients and decayed plant mnaterial that feed marine life. Shrimp, oysters, crabs, flounder, menhaden, and other fishes depend on coastal wetlands as nursery areas, protective shelters, and sources of food. People harvest various products of the wetlands when fishing, hunting, and gathering shellfish from the sounds and the ocean. Estuarine waters transport nutrients and plankton, control salinity, and cleanse the es- tuarine system of pollutants. They support a mul- titude of productive habitats, such as mud flats, submerged vegetation beds, shellfish beds, and spawning areas. The estuarine waters also sup- port boating, swimming, hunting, fishing, and other hurnan activities. Public trust areas support the public's free use of waterways for navigation and recreation. They cover all lands undemeath these water- ways and the minerals and biological resources that these submerged lands contain. The Coastal Resources Comnmission has adopted general use standards for development within coastal wetlands, estuarine waters, and public trust areas. These standards protect the natural productivity and continued human use of these valuable resources. Any project in a coast- al wetland, estuarine waters, or public trust AEC that requires a CAMA permit must meet the fol- lowing standards (which are officially stated in Title 15, Subchapter 7H, Section .0208(a) of the N.C. Administrative Code) before a minor development permit or major development per- mit can be granted. Only " water-dependent" uses will be per- mitted in coastal wetlands, estuarine waters, and public trust areas. "Water-dependent" projects include naviga- tion channels, dredging projects, docks, piers, bulkheads, boat ramps, groins, and bridges. Since these projects must be located near or in water to accomplish their intended pur- pose, they are allowed in coast-al wetlands, estuarine waters, and public trust areas if they meet all development standards. Projects that are not water-dependent, such as restaurants, homes, motels, stores, factories, roads, and parking lots, should be placed elsewhere - preferably in upland areas. There is no need to place them in wetlands, estuarine waters, or public trust areas where they can cause needless damage to public resources. The location, design, and construction of a project must: (1) give highest priority to the conservation of coastal wetlands, estuarine waters, and the resources in public trust areas to safeguard and perpetuate their biological, economic, and social values; and (2) protect public riglits of navigation and recreation in public trust areas. The site and design of the project shall cause the least possible damage to the productivity and integrity of coastal wetlands, shellfish beds, submerged grass beds, spawning and nursery areas, important nesting and winter- ing areas for waterfowl and other wildlife, and important natural barriers to erosion (marshes, cypress fringes, clay soils). A development project in or near an estuary should avoid these locations to the greatest ex- tent possible. When these locations cannot be avoided, the project should be designed to have the least possible impact on these imnpor- tant resources. The project must not violate the water quality standards and air quality standards established by North Carolina's Environmen- tal Management Commission. Informnation on these standards can be ob- tained fromi the Division of Environmental Management in the Department of Natural Resources and Community Development. (See appendices for address and phone num- ber.) Generally, development that would lower water quality to the degree that any ex- isting uses of the water (sheilfishing, swim- ming, or drinking) would be lost cannot be permitted. The project must not measurably increase sil- tation. Sedimnent from development projects can be easily washed into wetlands and estuarine waters, smother important habitats, block sun- light from reaching marine plants, and choke fish and shellfish. The project must not create a stagnant body of water. Bodies of water that are not adequately flushed by currents accumulate sediments and pollutants. They present a threat not only to fish and shellfish habitats, but also to public health. Work on the project must be timed to have the minimum adverse impact on the life cycles and nmigration patterns of fishes, shellfish, waterfowl, and other wildlife. The life cycles of animals that depend on the estuarine system are especially sensitive during certain seasons of the year. Informa- tion on the seasons to avoid in canrying out a development project can be obtained from DCM, the Division of Marine Fisheries, and the Wildlife Resources Commission. (See ap- pendices for addresses and phone numbers.) The project must not cause major or irre- versible damage to valuable archaeological or historic resources. Information on the location of valuable ar- chaeological and historic resources can be ob- tained from the Division of Archives and History in the Departmnent of Cultural Resour- ces. (See appendices for address and phone number.) The project must not impede navigation or in- terfere with public access to, or use of, the es- tuarine waters and public trust lands and waters. The project must comply with the local land use plan. Each of the coastal region's 20 counties and nearly all of its incorporated towns have adopted local land use plans under the Coas- tal Area Management Act. A local land use plan contains the goals citizens have for their community, a set of policies that the com- munity will use to manage development to reach these goals, and a map classifying lands in the community according to the types of 37 development that should occur on them. The Act requires that projects receiving CAMA permits comply with the local land use plan. If the local land use plan does not allow a cer- tain type of development within the lancd clas- sification where it is proposed, a CAMA permit cannot be issued for that project. Exemption The Coastal Resouirces Commission does not require a minor development permit for certain work in a public trust AEC to maintain, repair, or construct some private bulkheads with back- fill, to place riprap along shorelines, and to con- struct piers and moorings in the coastal waters. A-nyone proposing such a project should first check with the DCM field representative or the local permit officer to see what conditions must be met in order to qualify for the exemption. The exemption does not apply to commercial properties or multi-unit residential properties. This exemption is officially stated in Title 15, Subchapter 7K, Section .0307 of the N.C. Ad- ministrative Code. 38 EMfuent from a diked spoil disposal area must be carried by a pipe, trough, or siniilar device to a point waterward of emergent vegetation or below the mean low water line. When possible, the effluent must be returned to the area being dredged (see Figure 16(B3)). A water control structure must be installed at the intake end of the effluent pipe to restrict the flow of sediment and stormwater runoff into adjacent marshes and waterways (see Figure 16(C)). Dredge spoil from closed shellfish waters, and eMfuent from diked disposal areas holding spoil from closed shellfish waters, must be returned to closed shellfish waters. This standard keeps the contaminants found in closed shellfish beds from reaching non- polluted shellfish beds, spawning and nursery areas, and submerged vegetation beds. Specific Standards HydraLulic Dredging Hydraulic dredging is used to construct and maintain navigation channels and boat basins, al- lowing boats to safely use coastal waters. A key concerni with hydraulic dredging is the disposal of dredge spoil. Unless it is placed in a proper location, in a proper manner, spoil material can smother coastal wetlands, shellfish beds, and fish spawning and nursery areas. In addition, dredge spoil can release pollutants into estuarine waters unless it is deposited at a properly designed site. To receive a CAMA permit, hydraulic dredg- ing projects must meet specific standards in addi- tion to the general use standards for coastal wetlands, estuarine waters, and public trust areas. These standards (which are officialfly stated in Title 15, Subchapter 7H, Section .0208(b)(2) of the N.C. Administative Code) are dcscribed below. Dredge spoil must be either confined on high ground by adequate retaining structures or, if the dredged material is suitable, deposited on ocean beaches as sand renourishment. Ex- cavated materials confined on high ground must be placed lan dward of any marshland and must be adequately stabilized to keep sediments from entering adjacent waters or wetlands. These standards keep dredge spoil from being deposited in wetlands or underwater, where sediments could cover valuable habitats, cloud the water to keep light from reaching submerged vegetation, and choke fish and shellfish. REMOVABLE BOARDS VEGETATION TO IWTR RETENTION PREVENT EROSION ~~ PIPE SHOULD ~~~REACH TBEOMEAN & - ~~WATER F~LOW TO U 0 _51DOIMENT _MEAN LOW WATER Figure 16. Diagram of dredge spoil disposal site. The end of the dredge pipeline should be posi- tioned within the spoil disposal area at: (1) a distance suMfcient to keep the containment dike from eroding; and (2) a maximum dis- tance from spillways to allow suspended sedi- ments to settle evenly throughout the disposal area (see Figure 16(A)). 39 Navigation Channels, Canals, and Boat Basins Navigation charinels, canals, and boat basins are common in and along the coast's mnany broad sounds and rivers. These projects enhance use of the state's coastal waters by the public for recreational boating, commercial fishing, and other activities. However, these projects can cause serious problems unless they are properly designed and located. They can disturb impor- tant shellfish beds and fish nursery areas and damage wetlands, hindering their ability to reduce erosion and support wildlife and fisheries. They can also stimulate shoreline- erosion by altering water circulation patter-ns. The CRC's standards for navigation channels, canals, and boat basins are designed to help avoid these problems and to protect the many values of coastal wetlands, estuarine waters, and public trust areas. Navigation channels, canals, and boat basins must meet the specific standards in addition to the general use standards for coas- tal wetlands, estuarine waters, and public trust areas. These standards (which are officially stated ini Title 15. Subchapter 7H, Section .0208(b)(1) of the N.C. Administrative Code) are listed below. Navigation channels, canals, and boat basins must be aligned or located so as to avoid primary nursery areas, highly productive shellfish beds, submerged vegetation beds, and marshes. The Division of Coastal Management's field representative can tell you where these areas are and how to design a project to avoid them. Navigation channels and canals can be al- lowed through nRarrow fringes of regularly and irregularly flooded coastal wetlands if the loss of wetlands will cause no signiricant damage to fishery resources, water quality, or adjacent wetlands and if there is no reasonable alternative that would prevent losing the wetland. Figure 17. Depth of boat A basins should decrease from waterward end to landward end. Figure 18. (A) Preferred boat basin design. (B) Less-preferred boat basin design. The width of a canal or channel must be the minimum required to meet the applicant's needs and to provide adequate water circula- tion. Canals may not be constructed in a manner that will cause water quality problems. This standard ensures that any canal that is constructed will have freely flowing water, with no areas where water can stagnate and concentrate pollutants. Canals should not stimulate shoreline erosion on adjoining properties; their design may in- clude bulkheading, stabilized vegetation, or setbacks based on soil characteristics. Unless properly designed and located, naviga- tion channels and canals can alter water cur- rents and cause adjoining properties to erode more easily and quickly. Shorelines along canals serving mnore than one residence may not contain septic tanks I 40 Boat basins should be designed with the widest possible opening and the shortest pos- sible entrance canal to promote maximum flushing and exchange of waters. The depth of a boat basin should decrease from the waterward end to the lan dward end (see Figures 17 and 18). All spoil material from the construction of a canal, channel, or basin must be confined landward of regularly or irregularly flooded coastal wetlands and stabilized to prevent sediment from entering adjacent marshes or waterways. If sediment is allowed to wash into or be deposited in marshes and coastal waters, it can cover valuable habitats, cloud the water to keep light fromn reaching submerged vegetation, and choke fish and shellfish. EXAMPLES RIPARIAN ACCESS AREAS 'M PROJECT AREA --- EDGE OF CFANNEL.OR DEEP WATER ----PiOPERTY LINE - -RIPARIAN LIMIT -- MEAN HIGH WATER m WATER Spoil from the maintenance of a channel or canal through irregularly flooded wetlands must be placed on non-wetland areas, rem- nant spoil piles, or disposed of by an accept- able method having no signiricant, long-term impact on the wetlands. Under no circumstan- ces may spoil be placed on regularly flooded wetlands. Docks and Piers Docks aTid piers are essential to enjoying life along the coast. Piers allow people to reach water that is deep enough for boating, swimn- ming, diving, and fishing. Docks provide waterfront property owners with a place to tie up, load, and unload boats. However, if piers and docks are poorly designed, they can obstruct navigation and the water circulation that sustains the estuary's natural systems. Docks and piers must meet the specific stand- ards in addition to the general use standards for coastal wetlands, estuarine waters, and public trust areas. These standards (which are officially stated in Title 15, Subchapter 7H, Section .0208(b)(6) of the N.C. Admirnistrative Code) are described below. Figures 19. Examples of riparian access areas. Riparian area lirnit is figured at a 90' angle from the edge of the channel (or deep water), back to the property line on shore. (unless they mneet standards set by the Division of Environmental Management and the Division of Health Services), or treated or untreated point source discharges of pol- lutants. They must have areas, such as grassed swales and settling basins, for routing and retaining stormwater runoff. This standard minimizes the discharge of sewage and other pollutants into canals, where water moves slowly and has a lower capacity to safely dissipate harmful materials. No canal or boat basin may be dug deeper than the channels to which they are con- nected. If canals or boat basins are dug deeper than other channels, water currents will carry sedi- ments and pollutants into the canal or basin in- stead of flushing them out. 41 Piers must be designed to reduce obstacles to navigation and public use of the waters. The waters of the estuarine systcm belong to all the pcoplc of the statc, who have a right to use and cnjoy them. A picr that prescnts a threat to safe navigation or obstructs frec usc of the watcrs dcnics the public this right. Piers must not interfere with access to any riparian property. All parts of a pier must be set back at least 15 feet from adjacent proper- ty lines, extended to the channel from the shoreline (see Figure 19). Setting piers back from the property line al- lows other boats room to maneuver and to reach adjacent waterfront properties. The 15- foot setback requirement may be waived by the written agreement of the adjacent riparian property owners or when adjoining owners are applying for the CAMA permit together. Docks and piers shall not significantly inter- fere with shellfish leases or franchises. An ap- plicant wishing to construct a dock or pier shall provide notice of the permit application or exemption request to the owner of any part of a shellfish franchise or lease over which the proposed dock or pier would e-x- tend. Some of the bottomlands of the state's sounds and tidal rivers contain shellfish beds that are subject to franchises and leases conveyed by the state to individuals who harvest and main- tain the beds. The construction of piers or docks could damage shellfish beds unless they are properly designed and located. Infor- mation on the location of these shellfish beds and leaseholders can be obtained from the Division of Marine Fisheries. (See appen- dices for address and phone number.) Piers must not extend beyond the length of ex- isting piers that are used for sinmilar purposes along the same shoreline. In no case may a pier extend more than one-third of the way across a natural water body or man-made canal or basin (see Figure 20). Piers that extend too far into a waterway can NO piers beyond 1/3 distance across , water body NO new piers beyond existing pier lengths Figure 20. Ailliowable pier lengths. Figure 21. Example of dock size requirements. obstruct safe navigation and free use of the public waters. Pier alignments along federally maintained channels must meet the U.S. Army Corps of Engineers' guidelines. Information on the location of federally main- tained channels and federal pier alignment guidelines can be obtained from the Corps' district office in Wilmington. (See appendices for address and telephone number.) Docks and piers must not significantly inter- fere with water flows. Docks and piers that obstruct or alter the cir- culation of estuarine waters can cause pol- lutants to accumulate along the shoreline and can sfimulate shoreline erosion on nearby 42 lands. Building a dock or pier on openly- spaced pilings allows water to circulate freely. Docks and piers that are built over vegetated marsh must not exceed six feet in width. "T's" or platforms over water and at the end of a pier are not restricted to this dimension but cannot have a total area exceeding 500 square feet (see Figure 21). Also, the platform cannot extend more than six feet over any marsh. Piers and docks keep sunlight from reaching marsh vegetation and thus slow plant growth. Keeping platforms at the end of piers to a smaller size minimizes the shading of sub- merged grass beds and reduces obstructions to navigation and free use of the public waters. Bulkheads and Shoreline Stabilization Measures Shoreline erosion is common along North Carolina's broad sounds and tidal rivers where the land meets waves and water currents. Coast- al soils are easily displaced as rising sea level slowly encroaches on higher ground. Many waterfront property owners look for methods to slow or prevent this encroachment. The table on the next page outlines factors of cost, effective- ness, and impacts to the environment of various control measures. The Division of Coastal Management recommends estuarine shoreline erosion control measures in the following order of preference: � vegetation planting � stone riprap or other sloping revetments � bulkheads or vertical seawalls Because of the variety of shoreline types and plant species in North Carolina estuaries, each site must be evaluated for the appropriateness of planting and the "how-to" details. The table indi- cates which types of sites are appropriate for planting. For details of how to plant, see Sea Grant Publication UNC-SG-8 1-09. If riprap is chosen, the material must be suffi- ciently heavy or securely tied down to remain in place through storms and normal tidal and wave movement. In freshwater habitats, riprap areas can provide additional stabilization by planting vegetation in the spaces between stone using soil bioengineering techniques (live stakes). If bulkheads are chosen, they must be properly lo- cated and designed so that they do not encroach into coastal wetlands, estuarine waters, or public trust areas. BULKHEAD -.4- -- ~~~I-cr-~- MARSH,~~ t I - - __ ..- -_-_ .. t _ -_,- - - _ - . - _--_ -j Figure 22. Example of bulkhead alignment with mean high water. Figure 23. Example of proper bulkhead alignment near marsh areas. 43 Comparision of Estuarine Shoreline Stabilization Measures Stone Riprap or Revetment $75-125 per linear foot Bulkhead or Vertical Seawall $ 100 per linear foot Vegetative Planting $35-40 per linear foot Cost Effectiveness Effects on habitat, flora, and fauna Damps wave energy. Can cause vertical and seaward accretion by trapping sediments. Vertical accretion al- lows marsh to migrate ahead of rising sea level. Increases marsh habitat and is of value for lower food chain organisms, juvenile finfish and shellfish, and a variety of main- mals and shorebirds. Somewhat dissipates wave energy. Causes some increase in erosion in front of and adjacent to revetment. Rocks will settle and readjust with storm and wave action. Less initial habitat destruction and loss than for bulkheads. Replaces soft bottom substrate habitat with hard substrate - chang- ing floral and faunal community structure, diversity, and abun- dance. Some increase in erosion front of adjacent to revetmnent, with accompanying loss of important beach, marsh, seagrass bed, and tidal flat habitats. Blocks and reflects wave energy. Causes increased erosion in front of and adjacent to the structure. Scour- ing in front of the structure and storm ac- tion will eventually result in catastrophic failure. Initial habitat impacts include shoreline tran- sition zone, and con- struction impacts, such as increased sedimenta- tion increased erosion in front of the structure destroys the important beach, marsh, seagrass bed, and tidal flat habitats. Soft bottom habitats replaced by hard substrate habitat - changing floral and faunal community structure, diversity, and abundance. Less habitat available than riprap over the long term. Bulkheads block the natural mnigration of marsh and other intertidal and shallow habitats ahead of sea level rise, resulting in the "drowning" and elimination of these habitats. 44 A permit is not required to plant on shorelines that require no preparation. For larger projects, areas that need site alteration/preparation, and advice, contact a DCM field representative in fth field office nearest you. Bulkheads and other shoreline stabilization methods must meet the specific standards in ad- dition to the general use standards for coastal wetlands, estuarine waters, and public trust areas. These standards (which are officially stated in Title 15, Subchapter 7H, Section .0208(b)(7) of the N.C. Administative Code) are outlined below. Bulkhead alignment must approximnate the mean high water or normal water level (see Figure 22). The mean high water or normnal water level is the boundary between private property and the lands and waters held by the state in the public trust. Bulkheads located waterward of this line encroach on the public's right of ac- cess to those lands and waters. In addition, bulkheads located below the mean high water or normal water line are more susceptible to damage frorn waves and water currents; they can also alter water circulation patterns to stimulate erosion elsewhere along the shoreline. Bulkheads or other shoreline stabilization structures may be permitted below the mean high water or normal water level only when all of the conditions described below are met. 1. The property is not on the oceanfront. 2. The property has an identifiable erosion problem or has unusual features (such as a steep bank) which would cause the permit ap- plicant undue hardship under the other bulkhead standards. 3. The need for a bulkhead below the mnean high water or normal water line is docu- mnented in the field investigation report or other reports prepared by the Division of Coastal Management. 4. The bulkhead extends no further beyond the mean high water or normnal water line than necessary to: (a) mitigate the un- reasonable hardship resultinig from unusual features; (b) align with adjacent bulkcheads; and (c) allow recovery of the area eroded in the year prior to the date of application. 5. The bulkhead will not cause significant damnage to public trust rights or to adjacent waterfront properties. Bulkheads must be constructed landward of significant marsh areas (see Figure 23). Wetlands are vital to the health and produc- tivity of fish and shellfish populations; they depend on regular flooding by the tides for nutrients and for carrying away sediments and pollutants. Bulkheads constructed within a marsh block ths essential exchange and stimulate the gradual sedimentation of the state's coastal wetlands. Bulkhead fill miaterial must be obtained from an approved upland source. If the bulkhead is part of a permnitted project involving ex- cavation from a non-upland source, the ex- cavated material may be contained behind the bulkhead. People often place fill behind a bulkhead to cormpensate for past erosion and stabilize the shoreline. Requiring this fill to come from an approved upland site ensures that people will not dig up the state's wetlands, estuarine beaches, and sound and river bottoms to get the fill material they need. VERTICAL SEAWA L L~~ ~ TIDAL AREA ESTUARIEWAE OR RIPRAP- ESTUARINE TIDLAE ERIIt -or gabions, or vegetation Figure 24. Formns of estuarine shoreline erosion control. 45 Where possible, sloping riprap, gabions, or vegetation may be used rather than vertical seawalls (see Figure 24). Riprap, gabions, and vegetation can be less expensive and more effective at impeding erosion than vertical seawalls, depending on the characteristics of a particular shoreline. Sloping shoreline structures help dissipate wave energy as a wave strikes the shoreline, thus reducing the wave's ability to carry away soil. Vertical seawalls do not dissipate wave energy as well; they can even direct it to adjacent properties and to the base of the bulkhead itself, causing additional erosion and damage to the bulkhead. Exemptions The Coastal Resources Commission does not require a major development permit for cer- tain bulkheading projects in an estuarine system AEC that a property owner proposes to prevent property loss due to erosion. To qualify for this exemption, the bulkhead must meet all of the fol- lowing conditions: � it is needed to prevent a loss of private, residential property due to erosion; � it is positioned no more than an average of two feet waterward of the mean high water line, and at no point more than five feet waterward of the mean high water line; * its shoreline length does not exceed 200 feet; * it is built prior to any backfilling; � it is structurally tight, so as to prevent the seepage of backfill material; � backfill comes from an upland source; and � no marsh is excavated or filled. This exemption is officially stated in Title 15, Subchapter 7K, Section .0203 of the N.C. Ad- ministrative Code. Wooden and Riprap Groins Groins are wall-like structures built out into the water from the shorelinie in order to provide limited protection from gradual erosion by inter- rupting water currents and trapping sand. Wooden and riprap groins are frequently used on a small scale along the shores of North Carolina's sounds and tidal rivers to protect in- dividual properties. The effectiveness of these groins at reducing erosion is limited: while they do trap sand under normnal conditions, they also stimulate the erosion of adjacent shorelines and provide little protection from erosion during a major stormn. In addition, the construction of a groin could create a threat to navigation and water quality unless it is properly clesigned and located. The Coastal Resources Commission has developed standards for the construction of groins to reduce these problems. To receive a CAMA permnit, wooden and riprap groin projects must meet specific stand- ards in addition to the general use standards for Figure 25. (A) (B) (C). Location of groins along estuarine waters. I __ - - - i MAXIMUM OF 12 INCHES ABOVE MEAN HIGH WATER NAFANI "MW WATPR MELAN fHIGHl WVATER C Figure 26. Allowable height of groins along estuarine waters. 46 coastal wetlands, estuarine waters, and public trust areas. These standards (which are official- ly stated in Title 15, Subchapter 7H, Section .0208(a)(9) of the N.C. Administrative Code) are explained below. Groins must pose no threat to navigation. Any structure jutting out from the shoreline presents a potential hazard to boaters and the free use of the public waters. Groins should not interfere with boat traffic. Groins must not extend more than 25 feet waterward of the mean high water level (or normal water level) unless a longer structure can be justified by site-speciric conditions and sound engineering and design principles (see Figure 25(A)). Groins must be set back at least 15 feet from the adjoining property lines, extended to the channel from the shoreline (see Figure 25(B)). Setting groins back from the property line al- lows boats room to maneuver and to reach ad- j acent waterfront properties. The 15-foot setback requiremnent may be waived by the written agreement of the adjacent riparian owners or when adjoining owners are apply- ing for the CAMA permit together. No more than two groins will be allowed per 100 feet of shoreline unless the applicant can provide evidence that more strucetures are needed for shoreline stabilization (see Figure 25(C)). It is a general rule of thumb in coastal en- gineering that groins should be set apart a dis- tance at least four times their length in order to interrupt water currents and trap sand. Since the standards generally Iimnit groins to a length of 25 feet, they should be spaced at least I100 feet apart. The height of a groin must not exceed one foot above the mean high water level or nor- mal water level (see Figure 26). If a groin is built too high above the water level, storm waves will not wash over it and could cause it to collapse. "1L" and " T" sections are not allowed at the end of groins. "L" and "T" sections do not add to the groin's effectiveness in trapping sand. They can imn- pede navigation and cause pollutants and debris to accurmulate within the comer of the groin. Riprap material used to build a groin must be free from harmful quantities of loose dirt and other pollutants and must be large enough to keep from being carried away by waves or currents. Loose sediment and pollutants can be easily washed from a riprap groin into coastal waters where they can hanrm aquatic plants and animals. The riprap itself, unless the stones are large enough, can be carried away by storm waves and currents to litter adjacent shorelines and present a hazard to boats in shallow water. Marinas Marinas provide the boating public with a variety of valuable services such as fuel, repairs, docking, and storage. The construction and maiDtenance of a marina can involve significant alteration of shorelines and wetlands and the dredging of underwater habitats. Unless a marina is properly located and designed, it can damage important estuarine habitats and degrade the quality of estuarine waters. To receive a CAMA permit, marinas must meet specific standards (which are officially stated in Title 15, Subchapter 7H, Section .0208(b)(5) of the N.C. Administrative Code), in addition to the general use standards for coastal wetlands, estuarine waters, and public trust areas. The specific standards cited below apply to any publicly or privately owned dock, basin, or boat storage facility built to accommodate more tnan 10 boats and provide permanent or temporary docking space, dry stack storage, haul-out facilities, and repair services. An ex- emption to the standards are boat ramps which 47 only allow access to the water and have none of the above services. Marinas should be built on non-wetland sites or in deep waters not requiring dredging. They should not disturb valuable shallow water and wetland habitats, except for dredg- ing necessary for access to high-ground sites. The following four alternatives for siting marinas are ranked in order of preference. Marinas must be designed to meet the highest priority that is feasible. I. An upland site requiring no alteration of wetlands or other estuarine habitats and having adequate water circulation to prevent the accumulation of sediment and pollutants in boat basins and channels. 2. An upland site requiring dredging orily for access when it will cause no significant damage to fisheries or wetlands. 3. A deepwater site that is not a "primary nursery area" and that does not require ex- cavation or wetland alteration. 4. An open water site requiring the excava- tion of relatively unproductive areas to a depth no greater than the depth of any con- necting channels. Marinas which require dredging must not be located in " primary nursery areas," nor in areas which require dredging a channel through " primary nursery areas" for access to deeper waters. "Primary nursery areas" are breeding grounds for important fish and shellfish species. These areas are identified and mapped by the N.C. Division of Marine Fisheries, which will upon request provide permit applicants with informnation on their location. (See appen- dices for address and telephone number.) Maintena-nce dredging in primary nursery areas for existing marinas will be considered on a case-by-case basis. Marinas which require dredging shall provide spoil disposal areas adequate to ac- commodate future maintenance dredging. Marinas must not be enclosed within break- waters that hinder the water circulation needed to maintain water quality. Breakwaters that obstruct or alter the circula- tion of estuarine waters can cause sediment and pollutants to accumulate at the marina and can stimulate shoreline erosion on nearby lands. They not only threaten marine life and public health, but also create the need for more frequent maintenance dredging. Marinas should minimize encroachments into public waters by having a mixture of dry storage areas, public launching facilities, and berthing spaces. Marinas must be designed to avoid creatiDg obstacles to navigation and public use of the waters. The waters of the estuarine system belong to all the people of the state, and they have a right to use and enjoy them. A marina that presents a threat to safe navigation or obstructs free use of the waters denies the public this tight. Marinas should use all measures necessary to minimize damage to natural systems from pollutants released while operating the marina and its maintenance vessels. Pollutants such as grease, oil, paint, and sedi- ments can be easily washed or flushed into the estuarine waters from fuel areas, parking lots, repair yards, boat decks, and bilges. Such devices as grease and sediment traps for stormwater runoff can protect water quality at the marina and throughout the estuarine sys- tem. Marinas must prominently display a sign showing the location of the nearest pump-out facility, including the telephone numbers of local septic tank pumping services and other appropriate waste disposal information. Sewage from boats can degrade the quality of waters at the marina and elsewhere in the es- tuarine system. Since sewage can accumulate in boat basins and areas where water circu- lates slowly and present a threat to marine life and public health, human waste from boats is better disposed of on land at appropriate sites. If a marina includes a substantial number of boats or is in a critical area, penrnit conditions to require installation of pumpout facilities may be imposed. Generally, no discharges from boats are allowed in marinas. Figure 27. Maximurn allowable size of drainage ditches. Drainage Ditches Drainage ditches are used throughout North Carolina's coasta region to lower the water table on a particular piece of land so it can be safely built upon or cultivated. Drainage ditches are also used to dry out areas where mosquitoes breed. The ditches play a part in making some areas more enjoyable and more livable. However, drainage ditches can cause a lot of damage to coasta resources. They ean alter the flow of water through productive marshlands and disturb the natural balance there. They can create stagnant bodies of water where sedi- ments, pollutants, and vermin accumulate. They can introduce sediment into adjacent estuarine waters that can smother valuable habitats, cloud the water to keep light from reaching submerged vegetation, and choke fish and shellfish- The Coastal Resources Commission's stand- ards for drainage ditches and nonagricultural drainage are designed to lessen these problems. Drainage ditches must meet the specific stand- ards listed below as well as the general use standards for coastal wetlands, estuaiine waters, and public trust areas (which are officially stated in Title 15, Subchapter 7H, Section .0208(b)(3) and (4) of the N. C. Administrative Code. The Coastal Resources Commission must approve all proposed ditches with maximum dimensions greater than six feet wide by four feet deep. If the CRC determines that the ditch will affect es- tuarine or navigable waters, a major develop- ment permit is required. The dimensions of all ditches are measured at the ground level. No drainage ditch in and through marshes shall exceed six feet by four feet deep unless Figure 28. Retention devices used with drainage ditches. the applicant can show that a larger ditchi is needed for adequate drainage (see Figure 27). Six feet by four feet is the standard size of drainage ditches in the coastal region. A ditch this size should be enough to drain the land and cause the least possible damage to sur- rounding wetlands. No drainage ditch can cause significant damage to primary nursery areas, shellfish beds, submerged grass beds, or other impor- tant estuarine habitats. The Division of Coastal Management's field representative can tell you where these areas are and how you can design a project to avoid them. In designing and digging a drainage ditch it is necessary to be aware of the dainage it can cause to the productive estuarine system. This damage conies not only from releasing fresh water, sediments, and nutrients into the wet- lands and estuarine waters. Large releases of fresh water can alter the water's salinity, 49 which is the key to the whole system's ability to support abundant plant and animal life. Sedimnent coming from the ditch and sur- rounding lands can smother valuable habitats, cloud the water to keep light from reaching submerged vegetation, and choke fish and shellfish. Nutrients from lands that are drained by the ditch can cause algae blooms that rob the estuarine waters of light and oxygen. Settling basins, water gates, and other runoff retention structures are examnples of devices that can be used to reduce the amount of sedi- ments and nutrients that wash into the drainage ditch and then into the wetlands and estuarine waters (see Figure 28). The Division of Soil and Water Conservation (see appendix for address) administers a cost-shar- ing program that can help pay for some of these devices. The excavation of new ditches through high ground must occur landward of a temporary earthen plug or other device to reduce silta- tion of adjacent water bodies. Spoil from the construction or maintenance of drainage ditches through a regularly flooded marsh must be placed landward of the marsh to prevent the introduction of sedi- ment into the marsh or water. Where feasible, spoil from ditches through an ir- regularly flooded marsh must be placed on non-wetland areas (including former disposal sites). Ditches must be designed to minimize diver- sions or reductions in the volume of flow to both surface waters and groundwater. No non-agricultural ditch may divert or restrict the flow of water to important wetlands or marine habitats. Ditches must provide water of suffricient depth to allow the free passage of finfishes, juvenile shrimp, and other migratory animals. Ditches may not create stagnant pools of water or significant changes in the velocity of flow. Exemption Small ditches used for agricultural or commer- cial forestry with dimensions less than six feet by four feet do not require a CAMA permit. This exemption applies only for agriculture and forestry and does not apply to permits required under the State Dredge and Fill Act. Nourishment of Estuarine Beaches North Carolina's broad sounds and tidal rivers are lined with numerous sand beaches that are used for recreation. At times the beach migrates or erodes, and loses its value as a recreational resource. The beach's usefulness for recreation can be temporarily restored by replenishing its supply of sand. However, such a project must be carefully carried out to prevent the deterioration of wetlands, shellfish beds, nursery areas, navigation channels, and water quality in the state's estuaries. Estuarine beach nourishment projects must meet specific standards in addition to the general use standards for coastal wetlands, es- tuarine waters, and publirc trust areas. These standards (which are officially stated in Title 15, Subchapter 7H, Section .0208(b)(8) of the N.C. Administrative Code) are listed here. Beach creation and/or maintenance may be allowed to enhance water-related recreation- al facilities for public, commercial, and private uses. Placing unconfined sand in the water and along the shoreline will not be al- lowed as a method for controlling shoreline erosion. Beaches can be created and/or maintained where they historically have been found due to natural processes. They will not be allowed in areas with high erosion rates where fre- quent maintenance will be needed. sand that is free from pollutants and finer, highly erodible materials. Grain size must be equal to or larger than that found naturally at the site. Pollutants and fine silt can contaminate coas- tal waters, cover submerged habitats, and threaten public health and the survival of aquatic plants and aniimals. Materials from dredging projects may be used for beach nourishment only if all of the conditions described below are met. 1. Material is not placed directly on the beach by dredge or dragline during the excavation. 2. The material is first handled in a manner consistent with regulations governing spoil disposal (see speci fic standards for hydraulic dredging). 3. The mnaterial is allowed to.dry for a suitable period. 4. Only material of acceptable grain size is removed from the disposal site for placement on the beach. Pernmits will authorize beach nourishment only one time during the life of the permit. Permits may be renewed for maintenance work or renourishment. The adverse impacts of the original work must be evaluated before the permit can be renewed. Beach creation will not be allowed in any primary nursery areas, on any submerged bottom with significant shellfish populations, or in any areas where siltation from the site would pose a threat to shellfish beds. Material shall not be placed on any coastal wetlands or submerged aquatic vegetation. Wetlands, s-ubmerged vegetation beds, shellfish beds, and fish nursery areas are all vital components of the estuarine system that must be preserved. Covering them with sand to create a beach wo-uld destroy them and diminish the estuarine system's ability to sup- port its bounty of fish, shellfish, and wildlife. Information on the location of wetlands, sub- merged vegetation beds, shellfish beds, and nursery areas can be obtained from DCM and the Division of Marine Fisheries. (See appen- dices for addresses and phone numbers.) Beach creation must not create the potential for filling nearby navigation channels, canals, or boat basins. Waves and water currents can easily wash loose sand from the beach into nearby chan- nels and basins, thus creating a need for cost- ly maintenance dredging that must be borne by another individual or the taxpaying public. In locating and maintaining beaches, water currents and sand migration patterns must be taken into consideration. Beach construction shall not violate water quality standards. Material placed in the water and along the shoreline must be clean 51 Ocean Hazard Areas of Environmental Concern In carrying out its responsibilities under the Coastal Area Management Act, the Coastal Resources Commission has designated four categories of Areas of Environmental Concern (AECs): the estuarine system, the ocean hazard system, public water supplies, and natural and cultural resource areas. These AECs, and the standards for development in them, cover the coastal waters and about three percent of the land area of the 20 coastal coun- ties. The following descriptions of the ocean hazard system AECs will help you identify whether or not your project is located in an area of environmnental concern, as well as explain each area's imnportance and the reasons why it is necessary to manage development there. The ocean hazard system covers the lands along the oceanfront and inlets that are vul- nerable to storms, flooding, and erosion. The shape and location of these landformns, especial- ly the beaches, dunes, and inlets, are always changing due to the forces of nature. The con- stant forces exerted by waves, wind, and water currents upon the sands of the ocean shoreline create a variety of bazards that threaten buman activities along the shoreline. During storms, thcse forces intensify and can quickly change the shape of the shoreline, beaches, and dunes, and damage any structures located on them. At the same time, the beaches and dunes also protect structures located behind them by absorb- ing the force of wind and waves. Because of this special vulnerability to natural hazards and the need to maintain beaches and dunes, development in ocean hazard areas must be carefully designed to avoid losses of life and property and darnage to the natural environment. Absolute safety from destructive natural forces is impossible for development along the oceanfront. However, the loss of life and proper- ty from these forces can be greatly reduced by the proper location and design of oceanfront structures and by preventing damage to natural protective features such as primary and frontal dunes. The Coastal Resources Commission has desig- nated three ocean hazard AECs in which CAMA permits are required: the ocean erodible area, the high hazard flood area, and the inlet hazard area (see Figure 29). CAMA permit standards for development in these areas are designed to: � minimize loss of life and property due to storTms and long-term erosion; �prevent the encroachment of permanent structures on public beaches; and � reduce the costs that improperly designed development imposes on the public (e.g., funding of erosion control works, beach nourishment projects, disaster relief aid, and the like). The three ocean hazard areas overlap in many places, even though they are separate AECs with their own standards for development. The Division of Coastal Management's field repre- sentatives have aerial photographs detineating the exact boundaries of Al the ocean hiazard AECs. Ocean Erodible Areas The ocean erodible AEC covers the beaches and lands adjacent to the ocean which have a substantial possibility of long-termn erosion and significant shoreline changes. The seaward boundary of this AEC is the mean low water line. The AEC extends landward for a distance equal to 60 times the long-termn average annual rate of erosion for that particular stretch ot ocean shoreline, plus an additional distance where significant erosion can be expected 5~ 2 during a storm, expected wave and curTent pat- terns, and the existing topography or "lay of the land." If the community does not have flood in- surance rate maps available, other data on flood- ing, as approved by the CRC, may be used to define the high hazard flood AECs. The high hazard flood overlaps with, but is usually wider than, the ocean erodible AEC. IniLet Hazard Areas Because they are adjacent to dynamic ocean inlets, inlet hazard AECs are especially vul- nerable to erosion, flooding, and dramatic shore- line changes, Inflet hazard AECs are delineated on maps prepared by the Division of Coasta Management for each inlet along the coast based on an analysis of inlet migration rates and the elevation and width of adjacent lands. The maps are reviewed and approved by the Coastal Resources Commission. In each case, the inlet hazard AEC extends landward from the mean low water line for a distance sufficient to encom- pass those lands w-here the inlet can be expected to migrate. The delineation of each area is based on a statistical analysis of inlet migration, pre- vious inlet locations, relatively narrow or low areas near the inlet, and the influence of such mnan-made features as jetties and channelization projects. The width of inflet hazard ABCs varies from one inlet to the next; the ABC is narrower near relatively stable inflets and wider near more dynamic inlets. In all areas, the inlet hazard AEC covers, at a minimum, the same distance inland as the ocean erodible AEC. The inlet hazard AECs range in width from about 250 feet for a fairly stable inlet to about 4,000 feet for the most dynamic inlets. Figure 29. Ocean Hazard Areas of Environmental Conceurn. during a major storm (see Figure 30). The width of this AEC varies for different sections of the oceanfront based on the Division of Coastal Management's analysis of historical erosion rates for each section of the Atlantic coast. The actual width of ocean erodible AECs along the coast varies from about 145 feet to over 700 feet. General maps of the erosion rates are avail- able free of charge from the Division of Coastal Management. Detailed maps with precise infor- mation on the AEC boundary are available for inspection at all DCM and local permiit officer offices. High Hazard Flood Areas The high hazard flood AEC covers lands sub- ject to flooding, wave action, and high velocity water currents during a major storTm. These are lands identified as "open coast high hazard areas" or "V zones" on the flood insurance rate maps prepared for oceafront communities by the Federal Insurance Admninistration. The area covered by "V zones" is deterTnined by an engineering analysis of expected flood levels 53 General Standards environment and access to the public beaches. Some of these methods are listed below. 1. Limit the scale of the project and the damage it causes. 2. Restore the damaged environment. 3. Provide substitute resources to compensate for the damnage. No development shall involve the significant removal or relocation of sands or vegetation from primary or frontal dunes. Primary and frontal duines help protect struc- tures built behind them from erosion, flood- ing, and storm waves. They also play a vital role in mnaintaining the structure of North Carolina's barrier islands and beaches. The dense root networks of the dune plants trap and anchor the sand. The alteration of frontal and primary dunes, and the vegetation on them, can change natural beach renourish- ment pattems, disrupt the stability of the en- tire barffer island system, and increase the risk of damage to human structures from erosion, flooding, and waves. Development should be located as far back from the ocean as possible. At a minimum, all structures must be located behind the erosion setback line, the crest of the "primary dune," or the landward toe of the "frontal dune," whichever is the farthest landward. 1. The "erosion setback line" (see Figure 30(A)) extends landward from the first line of stable natural vegetation to a distance equal to 30 times the average annual erosion rate at the site. In areas where erosion is less than two feet per year, there is a minimum setback required of 60 feet landward from the vegetation line. Erosion rates for different segments of the state's ocean shoreline are determnined by the Division of Coastal Management using an analysis of aerial photographs dating back to the 1930's. These rates are adopted by the Ocean Hazard AECs Ocean erodible areas face long-termn erosion and sudden stormn-induced shoreline changes. High hazard flood areas face flooding and wave wash during a hurricane, northeaster, or other major stormn. Inlet hazard areas face long- termn erosion, sudden shoreline changes, flood- ing, and storm waves. Development in these three areas can pose a serious threat to lives and property in oceanfront commurnities. The Coastal Resources Commission has adopted general use standards for development within ocean erodible areas, high hazard flood areas, and inlet hazard areas. These standards protect human lives and property by guiding the location and design of oceanfront structures. They protect sand dunes from destruction. They reduce the costs that improperly designed development imnposes on the taxpaying public for building and maintaining erosion control structures and beach nourishment projects and for funding disaster relief aid. They protect the public beach from structures that would inter- fere with the public's access to and use of the beach.. Any development project which requires a CAMA permit in an ocean erodible AEC, high hazard tlood AEC, or inlet hazard AEC must meet the following standards (which are official- ly stated in Title IS, Subchapter 7H, Section .0306 of the N.C. Administrative Code). Development must be located and designed to nminimize losses to life and property resulting from storms and long-term erosion, to prevent encroachment of permanent struc- tures on public beach areas, and to reduce the public costs of inappropriately sited development. Development in ocean hazard areas must in- corporate all reasonable means and methods to avoid or minimize damage to the natural 54 A 30 x EROSION FIRST LINE OF STABLE RATE INATURAL VEGETATION K.....7 O FUNEOCEAN O 30 x EROSION . .-R-I,L , RATE FIRST LINE OF STABLE L ; F DNIESl , NATURAL VEGETATION O .' DUNE OCEAN PRIMARY FRONTAL DUNE DUNE Figure 3 0. EROSION imum FRONTAL RATE FIRST LINE OF STABLE DUNE I~. 2 NATURAL VEGETATION FRONTAL DUNE Figure 30. (A) (B) (C). The different minimum oceanfront setbacks required when building small structures. Large-scale development, such as motels and condominiums, must meet an additional set- back requirement, due to the unique physical, financial, and legal problems that relocating these structures poses. The following require- ment applies to any structure of more than four dwelling units or 5,000 square feet (see Figure 31). The erosion setback line for large structures extends landward from the first line of stable natural vegetation to a distance equal to 60 times the average annual erosion rate at the site. However, there is a "cap" on the length of the additional setback for large structures. If the large structure setback will be more than 105 feet longer than the basic setback, a distance of the basic setback plus 105 feet is used. For example, in an area with an average an- nual erosion rate of 10 feet per year, the set- back for small structures would be 300 feet. In this same area the setback for large struc- tures - if there were no ceiling level - would be 600 feet. Because the basic setback cannot be increased by more than 105 feet, the set- back would be 405 feet: the 300-foot basic setback plus 105 feet. The permit applicant must sign an AEC Hazard Notice as part of the CAMA permit application to acknowledge that he or she is aware of the risks associated with develop- ment in the ocean hazard area and of the area's limited suitability for permanent struc- tures. The hazard notice also states that the applicant is aware that no permanent erosion protection structures, such as wooden bulkheads, seawalls, and concrete break- waters, may be built to protect oceanfront property. The preferred oceanfront erosion responses are beach nourishment and reloca- tion of threatened buildings. Temporary erosion protection devices, such as low sandbag bulkheads and groins, may be per- mitted if certain conditions are met. By granting permits, the Coastal Resources Commission does not guarantee the safety of Figure 31. The minimum setback required when build- ing large structures on the oceanfront. Coastal Resources Commission to establish the "erosion setback line." 2. A "primary dune" is defined as the first mound of sand located landward of the ocean beach having an elevation equal to the mean flood level for the area plus six feet. The crest of the primary dune (see Figure 30(B)) is determined, on a case-by-case basis, by a DCM field representative or local permit of- ficer. 3. "Frontal dunes" are the first mounds of sand located landward of the ocean beach with sufficient vegetation, height and con- figuration to offer protection from ocean storms. The landward toe of the frontal dune (see Figure 30 (C) is determined, on a case- by-case basis, by a DCM field representative or local permit officer. Man-made dunes created after June 1, 1979, will not be considered frontal or primary dunes. 55 the development, nor does the CRC assume liability for future damage to the development. All relocation of structures in ocean hazard areas requires permit approval. Structures relocated entirely with private funds shall be relocated as far landward of the present location as possible. Structures relo- cated with public funds shall move to behind the applicable oceanfront setback and comply with all other AEC standards. Development must meet all minimum lot size and setback requirements established by the local government. Counties and towns often adopt regulations requiring a setback from roads, property lines, dunes, and the like. Information on local setback requirements can be obtained from the local building inspector. The project must comply with the local land use plan. Each of the coastal region's 20 counties and nearly all of its incorporated towns have adopted local land use plans under the Coas- tal Area Management Act. A local land use plan contains the goals citizens have for their community, a set of policies that the com- munity will use to manage development to reach these goals, and a map classifying lands in the community according to the types of development that should occur on them. The Act requires projects receiving CAMA per- mits to comply with the local land use plan. If the local land use plan does not allow a cer- tain type of development within the land clas- sification where it is proposed, a CAMA permit cannot be issued for that project. Mobile homes must not be placed within the high hazard flood area unless they are within mobile home parks that existed before June 1, 1979. Mobile homes are generally less able to withstand the flooding, wave wash, and high winds associated with hurricanes, north- easters, and other storms that strike the North Carolina coast. Not only are they more likely to sustain damage than other types of con- struction, they are also more likely to cause damage to other buildings by floating or blow- ing into them. Development must not unduly interfere with the access to or use of public resources. The public has a right to reach, use and enjoy these resources that belong to all the people of the state (such as the state's beaches and waters). Legal rights of access or use cannot be blocked by proposed development. No development is allowed seaward of the vegetation line, as the public has a right to use the sandy beach for normal beach recrea- tion. Also, development cannot block legally established pathways to the beach itself. Development must not cause major or irre- versible damage to valuable, documented historic architectural or archaeological resources. There are numerous sites along the coast which contain significant cultural resources that need to be protected. Historic architec- tural structures provide examples of impor- tant architectural styles and/or a legacy of people who have played an important role in the coastal region's history. Archaeological resources (such as sites containing the remains of Indian settlements, shipwrecks, and Civil or Revolutionary War artifacts) provide valuable information on the history of the coastal region and its people. These resources need protection, not only for histori- cal and archaeological research, but also as lasting symbols of the coastal region's heritage. Information on the location of valu- able architectural or archaeological sites can be obtained from the Division of Archives and History in the Department of Cultural Resources. (See appendices for address and phone number). In order to avoid excessive public expendi- tures for repairs, the construction or place- ment of publicly funded facilities (such as sewers, waterlines, roads, bridges, and 56 erosion control works) will be permitted only if the conditions listed below are met. 1. It exhibits an overriding public benefit or is of national or state interest. 2. It will not promote additional development in ocean hazard AECs. 3. It will not damage natural buffers to erosion, wave wash, and flooding or other- wise increase existing hazards. 4. It is designed to avoid or withstand damage from flooding and erosion. Exceptions The following types of development mnay be permitted between the oceanfront setback line and the vegetation line if they involve no altera- tion or removal of primary dunes, and dune vegetation; if they have overwalks to protect ex- isting dunes; and if they meet all other standards for ocean hazard AECs: � campgrounds that do not involve substan- tial permanent structures; � parking areas with clay, packed sand, or similar surfaces; * outdoor tennis courts; * beach access structures; � elevated decks not exceeding 500 square feet of floor area; � uninhabitable storage sheds and un- enclosed, uninhabitable gazebos with a floor area not exceeding 200 square feet; � temporary am-usement stands; and - swimming pools. Where application of the oceanfront setback requirement would preclude the development of penmanent structures on lots whfich existed as of June 1, 1979, single family homes may be per- mitted seaward of the setback line in ocean erodible areas if they meet all of the following conditions: � the structure is set back as far as possible from the ocean, with minimal encroach- ment into the setback area; � it is at least 60 feet landward of the vegeta- tion line; � it is entirely behind the landward toe of the frontal dune; � all pilings used to support the structure penetrate down to at least four feet below mean sea level (see Figure 34); � the lowest habitable floor of the structure covers no more than 1,000 square feet or IO percent of the lot area, whichever is greater; and � the project meets all other state and local requirements. If the development is to be serviced by an on- site waste disposal system, a copy of a valid per- mit for this system (from the local board of health or N.C. Departmnent of Hurman Resour- ces) must be submitted with the CAMA permnit application. These exceptions do not apply to inlet hazard areas. 57 Specific Standards pendix D presents "design wind speeds" and construction methods that help guard a build- ing against wind damage during a stonm. All development must be designed and lo- cated to minimize damage due to wave action and ground level fluctuations in a 100-year storm. All foundations must be designed to be stable in a 100-year storm. Cantilevered decks and walkways shall meet this standard or be designed to break away without damag- ing the main building. The bottom of the foundation (excluding pilings and footings) must be elevated to or above the 100-year flood level (see Figure 32). All structures shall be on pilings that are no less than eight inches in diameter if round, or eight inches to a side if square (see Figure 33). The tips of all pilings must penetrate to at least eight feet below the lowest ground eleva- tion under the structure. For structures on or Oceanfront Construction Erosion is the rule rather than the exception on North Carolina's barrier islands: over a period of months or years, the beach and dunes retreat until oceanfront buildings are threatened. Severe erosion can also occur overnight as a result of storm tides, waves, and wind. Building a home or business along North Carolina's oceanfront allows people to fully enjoy the state's beaches, surf, and sun. These are the very resources which draw people to the coast. However, the shoreline is a dynamic en- viroriment that presents a variety of hazards to oceanfront development. Northeasters, hurricanes, and other major storms frequently strike the coast. Their heavy waves, flooding, and high winds can drastically change the shape of the beach, threaten human lives, and cause millions of dollars of property damage in oceanfront communities. Designs for oceanfront development can take these factors into account to minimize damage. To avoid unreasonable danger to life and property, new construction and substantial im- provements to existing structures (an increase of 50 percent or more in value or square footage) must meet specific standards in addition to the setbacks and general- use standards for ocean hazard AF-Cs discussed above. These standards (which are officially stated in Title 15, Subchap- ter 7H, Section .0308(d) of the N.C. Administra- tive Code) are as follows. Any building constructed within an ocean hazard area must comply with Appendix D, "Windstorm Resistive Construction" of the N.C. Residential Building Code. When any provisions of that appendix are inconsistent with the AEC standards, the more restrictive provisions shall control. T'he local building inspector can explain what is required by the State Building Code. Ap- 100 YEAR FLOOD LEVEL MEAN SEA LEVEL FigurG 32. Houses must be elevated to or above the 1 00-year flood level. The DCM field representative or local permit officer can provide these specifications. 8" ~~~~Figure 33. Minimum dimensions for pilings allowable on oceanfront Iconstruction. Ir ,~ i!~z- ;Zj ;;Ij,MEAN EA LEVEL W 4' BELOW MEAN SEA LEVEL Figure 34. Piling depth necessary for building on and behind a primary dune. 58 All exposed structural connections must be adequately rustproofed or enclosed. All utility systems (such as heating, air con- ditioning, and electrical boxes) must be lo- cated and built to avoid or reduce storm damage. No impermeable surfaces (such as asphalt or concrete) shall be placed over any functional part of a complete septic tank system. Structural Accessways People who own oceanfront property often build wooden walks from their house or busi- ness out to the beach. These "structural ac- cessways" make it easier to get to and from the beach. They also provide a well-defmed path- way that keeps people from cutting trails through dunes, and weakening the dunes' ability to buffer erosion and protect oceanfront build- ings. To ensure that the dune system is not damaged when building a structural accessway, specific standards - in addition to the general use stand- ards for ocean hazard AECs - must be met. These standards (which are officially stated in Title 15, Subchapter 7H, Section .0308(c) of the N.C. Administrative Code) are described here. A structural accessway will be permitted across a dune as long as it entails negligible al- teration of the dune. No accessway shall diminish the dune's capacity as a barrier to flooding and erosion. Primary and frontal dunes help protect struc- tures behind them from erosion, flooding, and storm waves. Dunes also play a vital role in maintaining North Carolina's barrier islands and beaches. The dense root networks of the dune plants trap and anchor the sand. The al- teration of frontal and primary dunes - and the vegetation on them - can disrupt natural beach nourishment patterns, destabilize the entire barrier island system, and increase the I, :.1,r1 s v,,, -~ 'i ~j'1~ IAXIMUM I , I; DEPTH A. - " ; J I: CROSSWAY SHOULD NOT TOUCH DUNE, l : OR TO LEAST EXTENT POSSIBLE 0 Figure 35. Maximum piling depth for accessways. :~ 7 _ - - - N ,~* NEW DUNE O CEA N - _ el WI-101510fife, ,1_00___ .__k-' SIMILAR HEIGHtS __11____ VEGETATE AS QUICKLY AS POSSIBLE Figure 36. Requirements for creating new dunes. in front of the primary dune, the pilings must extend to four feet below mean sea level (see Figure 34). Driving pilings deeper into the ground in- creases their ability to withstand serious storm-induced erosion of the ground beneath the building. Once erosion totally exposes the pilings, the building will collapse from the lack of support. All pilings must be treated to resist decay, in- sects, and corrosion. All walls below the 100-year flood level must be designed and built to meet all of the condi- tions listed below. 1. Allow storm waters to rise and flow freely under the building. 2. Collapse under stress without jeopardizing the building's structural support. 3. Not become waterbome debris them- selves. 4. Not cause waterbome debris to accumulate. 59 risk of damage to human structures from erosion, flooding, and waves. The accessway must be exclusively for pedestrian use. The accessway must be less than six feet wide. The accessway must be raised on pilings em- bedded to a depth of five feet or less so that only the pilings touch the frontal dune. Where this is not possible, the accessway may touch the dune only to the extent necessary (see Figure 35). Elevating the accessway allows the dune to adjust naturally to wind and wave forces and thus maintain the stability of the protective dune system. An accessway wider than six feet and used for anything other than pedestrians will be permitted only if it is elevated above the dune and serves a public need which cannot be met otherwise. This rule does not apply to public fishing piers as long as they meet all other standards. Any vegetated areas that are disturbed in the construction and use of the accessway must be revegetated as quickly as possible. The stems and roots of beach grasses and other plants hold sand in place and thus help stabilize the dune system. Exemption TIhe Coastal Resources Commission does not require a minor development permit for non- commercial, pedestrian accessways that do not exceed six feet in width. The accessway must be built with no unnecessary alterations to the fron- tal dune. (Driving pilings into the dune is not considered "alteration" in this case.) In no case may the dune be altered to diminish its capacity as a barrier against flooding and erosion. The ac- cessway must conform to all applicable state and local building code standards. Before begin- ning any work under Uhs exemption, you must notify the local per-rit officer or the DCM field representative about the dimensions of the proposed accessway, its location, and the land- owner's namne, address, and telephone number. This exemption is officially stated in Title 15, Subchapter 7K, Section .0308 of the N.C. Ad- ministrative Code. Oceanfront Erosion Protection Measures E-rosion is a fact of life in North Carolina's oceanfront communities. It is a natural geologic process; there is nothing that people can do to stop it. Although there are several erosion responses which may be helpful for short periods, eventually threatened structures will need to be moved to a safer location. In building a struicture, it should be placed as far back from the beach as is possible. For existing buildings threatened by erosion, relocation to safer sites or replenishing the beach's supply of sand are the preferred responses. To protect private property from erosion while maintaining the public beach, oceanfront erosion protection measures must meet specific stand- ards in addition to the general use standards for ocean hazard AECs. These standards (which are officially stated in Title 15, Subchapter 7H, Sec- tion .0308(a) of the N.C. Administrative Code) are explained below. Permanent shoreline stabilization by such measures as bulkheads and seawalls is prohibited. Shoreline stabilization causes the loss of the public beach. It also increases erosion at ad- jacent properties by interrupting natural sand migration patterns. Comprehensive shoreline management is preferred over small-scale projects. Erosion protection measures are more suc- cessful when they are coordinated and carried out over a larger stretch of shoreline, rather than at scattered, individual sites. 60 Building relocation and beach renourish-ment projects are preferred over other erosion protection measures. All erosion control projects must demonstrate sound engineering practices. No permiit for an erosion protection project will be granted until notice has been given to adjacent property owners and they have signed a notice form, or until a reasonable ef- fort has been made to notify them by registered or certified mail. When an existing oceanfront structure is im- minently threatened by erosion, a property owner may obtain a pernmit to temporarily protect the structure with low sandbag bulkheads or beach nourishment. An "existing, threatened structure" is one where erosion places the structure's founda- tion in imminent danger of flooding or col- lapsing. A foundation is normnally considered endangered when it is less than 20 feet from the erosion scarp or the seaward toe of the dune. In general, structural accessways, pools, parking lots, tennis courts, and simnilar structures do not qualify as existing, threatened structures. No shoreline erosion protection project may be built in an area that provides a habitat for important wildlife species unless adequate steps to protect, restore, or replace that habitat are taken. Project construction must be timed to cause the least possible damage to biological proces- ses. Certain times of year and certain times of day are important to the breeding, spawning, nest- ing, and feeding cycles of shorebirds, sea turtles, and other important species that in- habit the beaches and dunes. Erosion protec- tion projects must accommodate these cycles in order to protect North Carolina's wildlife resources. Beach bulldozing (moving sand from any point seaward of the first line of stable vegeta- tion to create a protective dike or for any other purpose) is not proven to be effective in protecting property, but may be permitted if all the conditions described below are met. 1. Beach material is removed no deeper than one foot below the existing surface elevation. 2. The movement of material maintains a slope that does not endanger the public or the public's use of the beach. 3. The project does not go beyond the bounds of the applicant's property without the per- mission of neighboring property owners. 4. The project does not increase erosion on neighboring properties. S. No material is removed from below the mean low water line. 6. The project does not damage important natural or cultural resources. 7. The movement of material protects the threatened structure's foundation or threatened on-site waste disposal systems. Exemption The Coastal Resources Commission does not require a minor development permit for beach bulldozing in emergency situations, as long as all the conditions stated above are met. In- dividuals proposing other activities as emergen- cy maintenance and repairs must first consult with the local permit officer to deterTnine if the action qualifies for exemption. "Emergency maintenance and repairs" include any activity that is a response to a sudden, unexpected event (such as a hurricane or other major storm) which significantly endangers life or property. Property is considered endangered when the structure's foundation is less than 20 feet from the toe of the erosion scarp. The exemption is limited to ac- tions that will prevent further danger or restore the property to its condition prior to the emer- gency; it does not cover additions or expansions to the property. This exemption is officially stated in Title 15, Subchapter 7K, Sections 61 .1010(5) and .0305 of the N.C. Adminiistrative Code. Dune Establishment and Stabilization Sarid dunes provide a natural buffer against the erosive forces of the wind, water, and waves. It is sometimes necessary to stabilize or strengthen existing sand dunes, and even build new ones, as a defense against storm damage and to protect oceanfront buildings and roads. As with other types of development in ocean hazard AECs, dune establishment and stabiliza- tion projects must be thoughtfully planned and carried out to avoid damaging the beach and dune system. Dune establishment and stablilization projects must meet the specific standards in addition to the general use standards for all development in ocean hazard AECs. These standards (which are officially stated in Title 15, Subchapter 7H1, Sec- tion .0308(b) of the N.C. Administrative Code) are listed below. No disturbance of dunes will be permiitted when alternative construction methods or sites can be used. Existing primary and frontal dunes must not be broadened or extended toward the ocean, except for beach renourishment or emergen- cy maintenance. No new dunes may be created in inlet hazard areas. New dunes must be aligned with and of the same general configuration as existing neigh- boring dune ridges (see Figure 36). Sand needed to strengthen existing dunes, or to establish new dunes, must be brought in from outside the ocean hazard area and must be simnilar to the sand already on the property. Taking sand from one part of the ocean hazard area to stengthen the dunes or beach at another part of the AEC is the same as "rob- bing Peter to pay Paul" - it decreases the AEC's supply of sand that helps buffer the forces of storms and erosion. If the sand brought onto the project site does not have a grain size and shape similar to the sand that is already there, then the new sand will not inter- lock with the existing sand to build stable dunes. If the work will help protect a proposed struc- ture, sand from any dune on the site other than the frontal and primary dunes may be moved to strengthen existing frontal and primary dunes. Sand must be added to dunes in a manner causing the least possible damage to the exist- ing vegetation. Any filled areas must be im- mediately replanted or temporarily stabilized until replanting is completed. The stems and roots of beach grasses and other plants hold sand in place and thus stabi- lize the dune system. Inlet Hazard Areas Of the three ocean hazard AECs, inlet hazard areas pose the greatest dangers to life and property. North Carolina's nurnerous ocean in- lets are constantly migrating - sometimes widen- ing and sometimes filling in. They are famous for their unpredictability. New inflets are created by major storms as iniland floodwaters "blow out" a low or narrow section of a barrier island so they can drain into the orcean. As the "pres- sure valve" for storm floodwaters entering and leaving the state's sounds and tidal rivers, inlets and the lands around them are subject to severe erosion, flooding, and wave wash during and after storms. These hazards call for even stricter guidelines for development in inlet hazard areas to protect hunian lives and property. Development in irtlet hazard areas must meet specific standards in addition to the general use standards for all development in ocean hazard AECs. These standards (which are officially stated in Title 15, Subchapter 7H, Section .03 1 0 62 a density of no more than onie unit per 15,000 square feet of developable land area. Mud flats, salt marshes, and beach areas seaward of the vegetation line are not in- cluded in computing a lot's land area or den- sity for the purposes of this rule. Traditional accessways to the beach that have been subject to longstanding, open, and con- tinous public use must not be elinminated or otherwise restricted. Shoreline stabilization structures are allowed only as part of a publicly supported project. of the N.C. Administrative Code) are described below. Only residential buildings of four units or less, and non-residential structures of less than 5,000 square feet total floor area, are al- lowed within the inlet hazard area. All development must be set back from the first line of stable natural vegetation a dis- tance equal to the setback required in the neighboring ocean erodible area. On lots created or subdivided after July 23, 1981, permanent structures will be allowed at 63 Public Water Supply Areas of Environmental Concern In carrying out its responsibilities under the Coastal Area Management Act, the Coastal Resources Commission has designated four categories of Areas of Environmental Concern (AECs): the estuarine system, the ocean hazard system, public water supplies, and natural and cultural resource areas. The public water supply AECs protect surface water supply watersheds and public water supply well fields. These water supplies, if degraded, could threaten public health or require local communities to spend substantial amounts of money to develop alternative water sources. Uncontrolled development within these areas could change runoff patterns or groundwater withdrawal rates, and reduce both the quantity and quality of the raw water supply. Uncon- trolled development could also reduce water quality by introducing sediment from construc- tion sites and a variety of pollutants (bacteria, heavy metals, gasoline, oil, etc.) from homes, businesses, industries, parking lots, and roads. Small surface water supply watershed AECs are drainage basins in the coastal area which contain a water body used as a public water supply and classified as A-11 by the En- vironmental Management Commnission. The watershed, or drainage area, of the A-11 water body is designated as an AEC by the Coastal Resources Commission based on informnation from the Departmnent of Human Resources. To date, two such watersheds have been designated as AECs: the Fresh Pond at the Nags Head/Kill Devil Hills border and Toomers Creek near Wil- mington. The towns of Nags Head and Kill Devil Hills both have water treatmnent plants that draw raw water fromn the Fresh Pond; this fresh- water lake is fed by groundwater and rainfall from surrounding lands. Toomers Creek is a tributary of the Cape Fear River and is used by the City of Wilmington as an auxiliary drinking water supply. Public water supply well field AECs are areas of rapid draining sands that extend down from the land surface into a shallow groundwater table which supplies thie public with potable water. These are designated as AECs by the Coastal Resources Commission based on informnation from the Department of Human Resources and the responsible local government. To date, two well fields have been designated as AECs: one in Elizabeth City and one at Cape Hatteras. The city of Elizabeth City is supplied with raw water from a shallow well field in the southeastern section of the Dismal Swamp. The Cape Hatteras Water Association draws its raw water from a well field located south of N.C. 12 on Hatteras Island between Frisco and Buxton. Since the lands in these surface watersheds and well fields are almost entirely in public ownership, there is rarely any development proposed within them. However, anyone who tbinks their proposed development may be in or near a public water supply AEC should contact their local permit officer or one of the Division of Coastal Management's field representatives. They can tell a permit applicant what standards the CRC has adopted for development in each public water supply AEC. Splecific Standards Small Surface Water Supply Watersheds Small surface water supply watershed AECs are drainage basins containing a water body clas- sified as A-11 by the state's Environmental Management Commnission. This means that the best use of the water is for public drinking water. In order to protect the high quality of these waters, the CRC has adopted the following standards (which are officially stated in Title 15, 64 mit must obtain the NPDES permit before a CAMA permit will be granted. The NPDES permit is required for certain ac- tivities by the Clean Water Act to protect the quality of the nation's waters. Information on NPDES requirements can be obtained from the Division of Environmental Management in the Department of Natural Resources and Community Development. (See appendices for address and phone number.) In the Nags Head/Kill Devil Hills Fresh Pond watershed no sewers, septic tank fields, or other sources of pollution may be built within 500 feet of the pond's edge. Between 500 feet and 1,200 feet from the pond, septic systems are limited to one system serving a single- family residence having no more than four bedrooms (or an equivalent volume of sewage) on a lot no smaller than 40,000 square feet (see Figure 38). Public Water Supply Well Fields Public water supply well field AECs are areas with rapid draining sands extending from the surface into a shallow groundwater table that supplies the public with potable water. Rain- water drains easily through these sands and maintains the amount of fresh water in the water table. Any contamination of the sands or the water table poses a threat to public health since the well fields are a source of drinking water. In order to protect the high quality of the water table at each designated well field, the CRC has adopted the following standards (which are offi- cially stated in Title 15, Subchapter 7H, Sec- tions .0406 and. 1002 of the N.C. Administrative Code) for development within the well field AECs. The project must not significantly limit the quality of the water supply or the amount of water recharging the well field. The project must not use a septic tank system or other ground absorption sewage disposal system within the designated AEC boun- daries. _~ 1N.IMOF 100' FRO SEPTIC TANK CLASS A-II WATERS Figure 37. Location of sewage disposal systems. ONE SEPTIC SYSTEM ALLOWED UP TO A ffE.REFSH.~] NO 4 BEDROOM ]o SEWERS, SEPTIC RESIDENCE WITH SYSTEMS, OR / LOTS NO SMALLER I TOILER POLLUTION THAN 40,000 I SOURCES SQUARE FEET I / / Figure 38. Location of sewage disposal systems, or other sources of pollution, in the Nags Head/Kill Devil Hills Fresh Pond watershed. Subchapter 7H, Sections .0405 and. 1001 of the N.C. Administrative Code) for development within the small watershed AECs. Ground absorption sewage disposal systems must be located at least 100 feet from A-Il waters (see Figure 37). Septic tanks and drainfields can pollute public drinking water supplies unless they are located well away from the edge of the water. Waste effluent from the septic system can migrate through the soil and the water table, pollute a pond or stream, and create a serious threat to public health. Land clearing, grading, surfacing, and other land-disturbing activities must meet the re- quirements of the N.C. Sedimentation Pollu- tion Control Act of 1973 (G.S. 113A-57). Activities that disturb the soil near a public water supply can cause sediment and other pollutants to be washed into the water during a rainstorm or by high winds. This contamina- tion not only presents a risk to public health, but also fills in the creek or reservoir and in- creases the cost of treating the water to make it fit for drinking. Development requiring a National Pollution Discharge Elimination System (NPDES) per- 65 The project must not inject pollutants below the ground surface within the designated AEC boundaries. The project must not discharge toxic and/or soluble materials that could contaminate the water supply. The project must not cause saltwater intrusion into the public water supply. 66 N1atural and Cultural Resource Areas of Environmental Concern In carrying out its mandate under the Coastal Area Management Act, the Coastal Resources Commission has designated four categories of Areas of Environmental Concem (AECs): the estuarine system, the ocean hazard system, public water supplies, and natural and cul- tural resource areas. Natural and cultural resource AECs contain envimonmental or cultural resources within the 20-county coastal region that are important to the entire state because of their role in maintain- ing the coastal ecosystem, value for scientific re- search and education, historical significance, aTid/or aesthetic value. Uncontrolled develop- ment in these areas could lead to significant or ir- reversible damage to important natural systems and cultural resources, and their historical, scien- tific, educational, and aesthetic values. T'he natural and cultural resource AECs in- clude complex natural areas, areas that sus- tain remnant species, unique geologic formations, significant archaeological sites, and significant historic architectural struc- tures. Coastal comnplex natural areas are lands that s-upport native plant and animal communities and provide habitats which have remained essen- tially unchanged by human activity. These areas, often representing pre-settlement conditions, can provide a historical perspective to changing natural habitats in the coastal region and con- stitute an important and irreplaceable scientific and educational resource. Such areas may have been altered in the past and/or be subject to limited future modification if the modification benefits the habitat present or enhances the area's biological, scientific, or educational values. Coastal complex natural areas function as key components of natural biological sys- tems, as important scientific and educational sites, or as valuable scenic or cultural resources. Coastal areas that sustain remnant species provide habitat for native plant or animal species that are determined by the Wildlife Resources Commission or the federal govem- ment to be rare, threatened, or endangered. Such areas are necessar for the survival of these species within the coastal region and for mnain- taining the natural diversity that stabilizes the coastal ecosystem. They also constitute a valu- able educational and scientific resource that can- not be duplicated or replaced. Unique coastal geologic formations are areas containing especially notable examples of geologic formations or processes found in the coastal area. Such formations are important educational, scientific, and scenic resources. Jockey's Ridge, in Dare County, has been desig- nated because of its exceptional geologic fea- tures. Significant coastal archaeological resources and significant coastal historic architectural resources contain objects, features, buildings, and/or sites that: � yield information important to the state's or the coastal region's hfistory or prehis- tory; * are associated with events that have con- trib-uted to the broad pattems of history; � are associated with the lives of historically important persons; or � embody the distinctive characteristics of a type, period, or method of construction. These provide unmatched and irreplaceable scientific, educational, and aesthetic values that commemorate the coastal region's heritage. Per- muda Island, located in Onslow County, has 67 been protected for its outstanding archaeological resources. The standards for development in any in- dividual area designated as a natural or cultural resource AEC are tailored to fit the management and resource protection needs of that particular area. The management plans for Penmuda Island and Jockey's Ridge are available from the Division of Coastal Management. Nomination and Designation Procedures The CAMA regulations establish a detailed nomination procedure under which potential sites are brought to the CRC for consideration as AECs. These nomination procedures are official- ly stated in Title 15, Subchapter 7H, Section .0503 of the N.C. Administrative Code. The nomination and designation procedure requires a detailed review of the proposal by the Division of Coastal Management, consultation with the affected landowner and local governments, and a public hearing. The nomination and designation of natural and cultural resource AECs is a process unique to this category of AECs. An area may be nominated for the CRC's consideration at any time by any person or group. The nomination is made on a standard form provided by the Division of Coastal Management. It must in- clude information regarding the location, size, ownership, importance, and uniqueness of the proposed site. Within 60 days after receiving the nomination, the Division of Coastal Management will con- duct a preliminary evaluation of the site to see if it merits special protection as an AEC. The division will inform the landowner, local govern- ment, and members of the Coastal Resources Commission and Coastal Resources Advisory Council of the proposed nomination. It will also examine various ways of protecting the site to see if designation as an AEC would be the most appropriate. A report on the preliminary evaluation is then presented to the CRC at its next meeting so that the commission may determine whether to en- dorse the evaluation and proceed with a more detailed analysis of the site. All parties involved in the nomination and preliminary evaluation will be notified in writing of the CRC's decision to proceed or not to proceed with a detailed analysis. For sites that do not receive endorse- ment by the CRC, the Division of Coastal Managemnent may discuss other forms of protec- tion with the landowner. Within 90 days after endorsement by the CRC, the Division of Coastal Management will conduct a detailed review of the proposed site. This will include developing a management plan or specific use standards for the site (with advice from interest groups, local government officials, and persons with specific expertise) to outline strategies to saffeguard the site's biological, scientific, educational, and aesthetic values. If, after receiving a report of the detailed review, the CRC decides to consider formally designating the site as a natural and cultural resource AEC, a public hearing will be scheduled within 30 days after the CRC's decision. At this hearing, the CRC will present the scientific documentation and general state- ments supporting the designation and hear public comments on the AEC proposal. The owner of the site has 10 days after the public hearing to submit statements concemning the designation. After considering all comments, the CRC will make its final decision on whether or not to declare the site as an area of environmnental con- cern. If the site is designated as an AEC, the CRC will adopt a management plan or use stand- ards applying to the site. 68 Appendix One Tax Credit for Land Donations Statte law now allows individuals and corpora- tions that donate land for conservation purposes to receive a state income tax credit. Prior to 1983, a tax deduction could be taken for these gifts, but after 1983 a tax credit as well as a deduction can be taken. To receive the credit, the taxpayer must donate an interest in land (full title or an case- ment usually) to the state, a local government, or a nonprofit group engaged in land conservation (such as The Nature Conservancy or a local land trust). The land must be useful for a land conser- vation purpose, such as beach access or wildlife conservation. The amount of the credit is set at 25 percent of the fair mnarket value of the donated land, up to a maximum of $5,000. If all of the credit is not needed in one year, it can be carried over up to five years. For example, if someone owned an oceanfront lot that was too small to build on but which could be useful for beach access, it could be donated to the state and the new tax credit claimed. If the lot was appraised to have a fair market value of $20,000, the tax credit would be $5,000 (25 percent of $20,000). So the amount of state income tax owed would be reduced by $5,000. Also, that portion of the gift not used as a credit, $15,000 ($20,000 less the $5,000 credit), can still be taken as a tax deduction. If the taxpayer is in the seven percent tax bracket, this deduction would be worth $1,050. So the total tax benefit to the taxpayer resulting from the gift of the lot to the state would be $6,050. For more information about the tax credit for land donations, contact a Division of Coastal Management representative at one of the offices listed on page 72. 70 Appendix Two Coastal Management Offices Morehead City Off ice Raleigh Off ice Division of Coastal Management N.C. Department of Natural Resources and Community Development P.O. Box 27687 Raleigh, NC 27611-7687 919/733-2293 Elizabeth City Off ice Division of Coastal Management N.C. Department of Natural Resources and Community Development Route 6, Box 203 Elizabeth City, NC 27909 919/264-3901 Washington Off ice Division of Coastal Management N.C. Department of Natural Resources and Community Development 1424 Carolina Avenue P.O. Box 1507 Washington, NC 27889 919/946-6481 Division of Coastal Management N.C. Department of Natural Resources and Communrity Development 3411 Arendell Street P.O. Box 769 Morehead City, NC 28557 800/682-2632 919/726-7021 Wilmington Off ice Division of Coastal Management N. C. Department of Natural Resources and Community Development 7225 Wrightsville Avenue Wilmington, NC 28403 919/256-4161 72 Appendix Three Local Pen-nit Officers Address all correspondence to CAMA Officer. Town of Holden Beach 110 Rothschild Street Holden Beach, NC 28462 919/842-6488 Town of Long Beach P.O. Box 217 Long Beach, NC 28461 919/278-5011 Town of Ocean Isle Beach Ocean Isle Beach Town Hall P.O. Box 0-8 Ocean Isle Beach, NC 28459 919/579-2166 Town of Southport 201 E. Moore Street Southport, NC 28461 919/457-6911 Town of Sunset Beach Box 220, Shoreline Drive West Sunset Beach, NC 28459 919/579-6297 Beaufort County County of Beaufort P.O. Box 1027 Washington, NC 27889 919/946-7182 Town of Bath Route 1, Box 458 Bath, NC 27808 919/923-5941 (after 5 p.m.) Town of Belhaven P.O. Box 220 Belhaven, NC 27810 919/943-3105 City of Washington P.O. Box 1988 Washington, NC 27889 919/946-1033 Bertie County County of Bertie P.O. Box 530 Windsor, NC 27893 919/794-4031 Town of Yaupon Beach 518 Yaupon Drive Yaupon Beach, NC 28461 919/278-5024 Camden County Brunswick County County of Brunswick P.O. Box 249 Bolivia, NC 28422 919/253-4361 County of Camden P.O. Box 125 Camden, NC 27921 919/338-6363 Village of Bald Head Island Bald Head Island, NC 28461 919/457-4758 Town of Caswell Beach Seaside Realty 5200 East Oak Island Drive Long Beach, NC 28461 919/278-5805 Carteret County County of Carteret Planning Department Courthouse Square Beaufort, NC 28516-1898 919/728-8497 74 Town of Atlantic Beach P.O. Box 10 Atlantic Beach, NC 28512 919/726-8380 Town of Emerald Isle Emerald Isle Town Hall Route I Morehead City, NC 28557 919/354-3424 City of Morehead City P.O. Drawer M Morehead City, NC 28557 919/726-5243 Town of Pine Knoll Shores P.O. Box 757 Atlantic Beach, NC 28512 919/247-4353 Chowan County County of Chowan Chowan County Office Building P.O. Box 1030 Edenton, NC 27932 919/482-8486 Town of Edenton P.O. Box 300 Edenton, NC 27932 919/482-2155 Craven County County of Craven P.O. Drawer R New Bern, NC 28560 919/636-6607 City of New Bern P.O. Box 1129 New Bern, NC 28560 919/633-5161 Ext. 240 Currituck County County of Cunituck P.O. Box 70 Currituck, NC 27929 919/232-3378 or 232-3055 Dare County County of Dare Dare County Administration Building P.O. Box 1000 Manteo, NC 27954 919/473-2143 Town of Kill Devil Hills P.O. Box 719 Kill Devil Hills, NC 27948 919/441-2531 Town of Kitty Hawk P.O. Box 549 Kitty Hawk, NC 27949 919/261-3552 Town of Nags Head P.O. Box 99 Nags Head, NC 27959 919/441-5508 Town of Southem Shores P.O. Box 272 Kitty Hawk, NC 27949 919/261-2394 Gates County (Minor permits are written by the Secretary of the Department of Natural Resources and Com- munity Development. Contact the DCM field representative in the Elizabeth City Office.) Hertford County County of Hertford Building Inspector's Office P.O. Box 424 Winton, NC 27986 919/358-7813 75 Pamlico County Hyde County County of Hyde P.O. Box 66 Swan Quarter, NC 27885 919/926-8861 New Hanover County County of New Hanover 414 Chestnut Street Room 101 Engineering Department Wilmington, NC 28401 919/341-7139 Town of Carolina Beach 207 Canal Drive Carolina Beach, NC 28428 919/458-9451 Town of Kure Beach P.O. Box 3 Kure Beach, NC 28449 919/458-8216 Town of Wrightsville Beach P.O. Box 626 Wrightsville Beach, NC 28480 919/256-4148 Onslow County County of Onslow 25 Tallman Street Jacksonville, NC 28540 919/455-3661 City of Jacksonville P.O. Box 128 Jacksonville, NC 28540 919/455-2600 Town of Swansboro P.O. Box 776 Swansboro, NC 28584 919/326-4428 County of Pamlico P.O. Box 186 Bayboro, NC 28515 919f745-3861 Pasquotank County County of Pasquotank P.O. Box 39 Elizabeth City, NC 27909 919/338-1144 City of Elizabeth City P.O. Box 347 Elizabeth City, NC 27909 919/338-3981 Pender County County of Pender P.O. Box 832 Burgaw, NC 28425 919/259-1202 Town of Surf City P.O. Box 475 Surf City, NC 28445 919/328-4131 Town of Topsail Beach P.O. Box 89 Topsail Beach, NC 28445 919/328-5841 Perquimans County County of Perquimans P.O. Box 7 Hertford, NC 27944 919/426-7010 76 Tyrrell County (Minor permits are written by the Washington County Local Permit Officer.) P.O. Box 449 Columbia, NC 27925 919/796-1371 Washington County County of Washington Washington County Courthouse P.O. Box 1007 Plymouth, NC 27962 919/793-4114 77 Appendix Four Related Government Agencies Federal State National Marine Fisheries Service Environmental Assessment Branch Pivers Island Beaufort, NC 28516 919/7218-4595 Office of Ocean and Coastal Resource Management National Ocearice and Atmospheric Administration U.S. Departmnent of Commerce 1825 Connecticut Avenue, N.W. Universal South Building Washington, DC 20235 202/673-5138 U.S. Army Corps of Engineers Wilmington District P.O. Box 1890 Wilmington, NC 28402-1890 919/343-4745 (environmental assessment) 919/343-4629 (regulatory functions) U.S. Environmental Protection Agency Region IV 345 Courtland Street Atlanta, GA 30365 404/881-4727 (ecological review branch) U.S. Fish and Wildlife Service Division of Ecological Services 3 10 New Bern Avenue, Room 466 Raleigh, NC 27601 919/755-4520 N.C. Department of Admninistration Administration Building 116 W. Jones Street Raleigh, NC 27611 919/733-7232 Office of State Property 919/733-4346 N.C. Department of Cultural Resources Archives-Library Building 109 E. Jones Street Raleigh, NC 27601 919/733-4867 Division of Archives and History 9191/733-7305 N.C. Department of Human Resources Albemarle Building 325 N. Salisbury Street Raleigh, NC 27611 DivisioD of Health Services Environmnental Health Section 919/733-2870 Shellfish Sanitation Unit P.O. Box 769 Morehead City, NC 28557 919/726-7021 N.C. Department of Natural Resources and Community Development Archdale Building 512 N. Salisbury Street Raleigh, NC 27611-7687 919/733-4984 Division of Community Assistance 919/733-2850 Division of Environmental Management Water Quality Section 919/733-5083 Division of Land Resources 919/733-3833 Division of Watcr Resources 919/733-4064 Division of Soil and Water Conservation 919/733-2302 so Wildlife Resources Commission 919/733-3391 Division of Marine Fisheries P.O. Box 769 Morehead City, NC 28557 919/726-7021 N.C. Department of Transportation Highway Building 1 S. Wilmington Street Raleigh, NC 27601 919/733-2520 Environmental Planning Unit 919/733-7842 N.C. Office of Administrative Hearings 424 N. Blount Street Raleigh, NC 27601 919/733-2691 8 1 Appendix Five For Futher Reading Annual Report 1987, Division of Coastal Management (Raleigh, N.C.: N.C. Departmnent of Natural Resources and Community Develop- ment, 1988). A Beach Access Handbook for Local Govern- ments, Division of Coastal Management (Raleigh, N.C.: N.C. Departmnent of Natural Resources and Community Development, 1985). A Citizen's Guide to Coastal Water Resource Management, North Carolina Coastal Federation (Raleigh, N.C.: University of North Carolina Sea Grant College Programn, 1988). Design with Nature, Ian L. McHarg (Garden City, N.Y.: Doubleday and Company, Inc., 1971). The Edge of the Sea, Rachel Carson (Boston: Houghton Mifflin Co., 1955). From Currituck to Calabash, Living with North Carolina's Barrier Islands, Orrin H. Pilkey, Jr., William J. Neal, and Orrin H. Pilkey, Sr. (Research Triarigle Park, N.C.: North Carolina Science and Technology Center, 1978). Seacoast Life, An Ecological Guide to Natural Seashore Communities in North Carolina, Judith M. Spitsbergen (Raleigh, N.C.: North Carolina State Museum of Natural History, 1980). Striking a Balance, Reflections on Ten Years of Managing the North Carolina Coast, Division of Coastal Management (Raleigh, N.C.: N.C. Departmnent of Natural Resources and Communiity Development, 1985). Vegetation Planting for Estuarine Shoreline Stabilization, Jean G. Watts (Raleigh, N.C.: Division of Coastal Management, N.C. Depart- ment of Natural Resources and Community Developmen, 1987). Your Place at the Beach: A Buyer's Guide to Vacation Real Estate, Walter Clark (Raleigh, N.C.: University of North Carolina Sea Grant College Program and the N.C. Real Estate Com- mission, 1987). Islands, Capes, and Sounds, The North Carolina Coast, Thomas J. Schoenbaum (Winston-Salem, N.C.: John Blair, 1982). The Outer Banks of North Carolina, David Stick (Chapel Hill, N.C.: University of North Carolina Press, 1958). Protecting Coastal Waters Through Local Planning, Division of Coastal Management (Raleigh, N.C.: N.C. Department of Natural Resources and Community Development, 1988). Protecting Maritime Forests with Planning and Design, Division of Coastal Management (Raleigh, N.C.: N.C. Department of Natural Resources and Community Development, 1988). 84 A Guide to Protecting Coastal Resources Through the CAMA Permit Program is published by the North Carolina Department of Natural Resources and Community Develop- ment, 512 N. Salisbury Street, Raleigh, N.C. 27611-7687. I i Financial support for this handbook was provided in part by a grant under the federal Coastal Zone Management Act, administered by the Office of Ocean and Coastal Resource Management, National Oceanic and Atmos- pheric Administration, Washington, D.C. Written by William McElyea. Edited by Kathryn Henderson. Design by Jeannette Holmes. Illustrations by Jill Miller. Two thousand copies of this public document were printed at a cost of $4,000.00 or $2.00 per copy. DATE DUE I i '51 4: s F r. 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