[From the U.S. Government Printing Office, www.gpo.gov]
Coastal Zone Information A, V NMI- Y COACKSTA4WNE INFUM W"MN COMM A HANDBOOK DEVELOPMENT IN NORTH CAROLINA'S COASTAL AREA Division of Coastal Manag N.C. Department of Natural Resources HT and Community Development 393 *N8 H35 1985 c.2 Ar-- A Aft S DEPARTMENT OF COMMERCE NOAA Property of CSC LibrarY COASTAL SERVICES CENTER 2234 SOUTH HOBSON AVENUE CHARLESTON , SC 29405-2413 A HANDBOOK ]DEVELOPMENT NAS IN NORTH CAROLI COASTAL AREA -y- Division of Coastal Management N.C. Department of Natural Resources and Community Development 1935 Introduction This handbook is a guide to the permit pro- Anyone who would like further information gram of the Coastal Area Management Act about the North Carolina Coastal Management (CAMA). It includes where and when a CAMA Program may write to the Division of Coastal permit is required, how to apply for a CAMA Management, N.C. Department of Natural permit, the standards that are used to review a Resources and Community Development, P.O. permit application, and how those standards Box 27687, Raleigh, N.C. 27611-7687, or call are used to protect the public interest in the (919) 733-2293. coast. The purpose of the book is to explain the basic principles of coastal design so that development projects will be as safe, well con- structed, and environmentally sound as possible. The handbook describes the "Areas of Environmental Concern" (AECs) which are the foundation of the permitting program and why it is important to manage development in these areas. The book identifies the develop- ment activities in the AECs which require a permit. it also defines the standards that a proj- ect must meet in order to receive a CAMA permit. By following the standards outlined in this book, you will protect the quality of North Carolina's estuarine and barrier island re- sources so that they can continue to support the diversity of life in the coastal area. Contents THE CAMA PERMIT PROGRAM ............................. 1 Now to Apply for a CAMA Permit ................................ 4 Minor Development Permits ............................... I ... 10 Major Development Permits ................................... 16 General Permits .............................................. 26 Emergency Permits.. 28 d E 4o e' Variances, Appeals, an n rcern nt ions .................... 29 AREAS OF ENVIRONMENTAL CONCERN (AECs) AND THE COASTAL RESOURCES COMMISSION'S GUIDELINES FOR DEVELOPMENT Estuarine System AECs ........................................... 32 General Standards Estuarine Shoreline ......................................... 37 Coastal Wetlands, Estuarine Waters, and Public Trust Areas ........................................... 40 Specific Standards Hydraulic Dredging ......................................... 43 Navigation Channels, Canals, and Boat Basins .................. 44 Docks and Piers ........... 46 Bulkheads and Shoreline Sta*@iliz-at*i'on* - 49 Wooden and Riprap Groins .................................. 52 Marinas .................................................... 53 Drainage Ditches ........................................... 56 Nourishment of Estuarine Beaches ............................ 57 Ocean Hazard System AECs ...................................... 59 General Standards ............................................ 62 Specific Standards Oceanfront Construction .................................... 67 Structural Accessways ....................................... 69 Oceanfront Erosion Protection ............................... 70 Dune Establishment and Stabilization ......................... 72 Inlets ...................................................... 73 Public Water Supply AECs ....................................... 74 Specific Standards Small Surface Water Supply Watersheds ....................... 75 Public Water Supply Well Fields ............................... 76 Natural and Cultural Resource AECs .............................. 77 Designation and Nomination ................................. 78 APPENDICES Tax Credit for Land Donations .................................... 82 Coastal Management Field Consultants ........................... 83 Local Permit Officers ...... :,****''''*'''*******''''*''*''''*'**, 84 Related Government Agencies ................................... 88 A L 45 a MIHR@Hl - a - ^.., 4 A I A- 90 -4 - -@qI-.. .01 4 F @l M A f0--I- I E F, folf/II i " . ! 12,11%, 1 2 North Carolina's coast is an environment of hazards or environmental, economic, or social delicate natural balances and the setting for values that are of concern to the state as a intense -and sometimes conflicting - activi- whole. In carrying out its mandate from ties by man. Poorly sited construction along CAMA, the Coastal Resources Commission has the oceanfront can destroy protective sand designated four categories of AEC: the estua- dunes and vegetation, place buildings and rine system, the ocean hazard system, public human lives in jeopardy from erosion and water supplies, and natural and cultural flooding, and block public access to the public resource areas. These AECs cover virtually all beach. improper development in the state's of the coastal waters and three percent of the sounds and tidal rivers, as well as the wetlands land area of the 20 coastal counties. and shorelines surrounding them, can disrupt fish and shellfish habitats on which the state's The Act further instructs the CRC to deter- commercial and recreational fisheries depend. mine what types of development activities can North Carolina's Coastal Area Management take place in AECs without harming the natural Act (CAMA) states: "Unless these pressures are system and to adopt standards showing how controlled by coordinated management, the this can be done. Based on these standards, the very features of the coast which make it eco- CRC carries out a permit program to guide nomically, aesthetically, and ecologically rich development within the AECs. will be destroyed." The intent of CAMA's permit program is not The State of North Carolina needs standards to stop development, but rather to make sure for development along the coast to reduce the that development within AECs does not risk of damage to property, to protect public threaten public safety or the continued pro- health, and to prevent the destruction of the ductivity and value of important natural areas. coast's valuable natural resources. Without Ninety-seven percent of the permits applied such standards, the very features of the coast for under CAMA are issued. which make it so abundant, attractive, and enjoyable - the productive wetlands and Receiving any CAMA development permit waters and the beaches and dunes - could be does not mean that you can carry out the proj- easily destroyed. ect in any way you choose. The permit carries with it an obligation and a responsibility to To prevent this destruction, Section 113 of meet the Coastal Resources Commission's the Coastal Area Management Act directs the guidelines for development in areas of environ- Coastal Resources Commission (CRC) to iden- mental concern. if these guidelines are not tify and designate "areas of environmental being followed, then the permit will be concern" in which uncontrolled development revoked; a fine may also be imposed if the might cause irreversible damage to property, work has harmed the state's coastal resources. public health, and the natural environment. These areas, known as AECs, contain natural 3 The challenge for development along the r, coast is to find ways for human activities to exist in harmony with the coast's precious nat- ural resources. Our actions do not have to des- art. 030 troy 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 Dare standards for development in AECs are struc- tured to enable such design. By fitting a proj- Beaufort ect to these standards, you can help protect HVde the coastal resources we have all come to enjoy, not only for everyone now, but also for Cravt`ln generations to come. (PLmlico Pender Hanover 1) Figure 1. North Carolina's 20 coastal counties covered by the Coastal Area Management Act. .rd DOES YOUR PROJECT NEED A PERMIT Chowan Pasquotank UNDER THE COASTAL AREA MANAGEMENT Craven Pender ACT? Currituck Perquimans If you think your project is in or near one of Dare Tyrrell the areas of environmental concern, then you Gates Washington should check with your Division of Coastal Permits issued by the Division of Coastal Management (DCM) field consultant or local Management under the state's Dredge and permit officer (LPO) to see if a permit is Fill Act can be required in counties other required. (See appendices for addresses and than those listed above. phone numbers.) The Coastal Area Management Act requires 2. Is your project in or affecting an area of you to get a permit for your project if it meets environmental concern? all of the following conditions: If yes, a CAMA permit may be required. your project is located in one of the 20 If your project is located in one of the counties covered by CAMA; AECs described in this handbook (an estua- your project is in or affects an area of rine system AEC, an ocean hazard system environmental concern (AEC) designated AEC, a public water supply AEC, or a natural by the Coastal Resources Commission; or cultural resource AEC), chances are that your project is considered "development" you will need to get a CAMA permit. You under the terms of the Act; and are probably in an AEC if your project is: your project does not qualify for an 0 in or on the waters of the state; exemption identified by the Act or by the * on a marsh or wetland area; Coastal Resources Commission. 0 within 75 feet of the mean high water 1. Is your project located in one of the 20 line along an estuarine shoreline; counties covered by CAMA? 0 within about 300 feet of the ocean beach; If yes, a CAMA permit may be required. 0 within about 1,000 feet of an inlet; or 9 near one of the public water supplies The provisions of the Coastal Area Man- designated as an AEC. agernent Act only apply to the 20 counties located along the state's tidal rivers, sounds, 3. Does your project fall under CAMA's defini- and the Atlantic Ocean (see Figure 1.) You tion of "development"? do not nded a CAMA permit if your project If yes, a CAMA permit may be required. is not in one of these counties: Beaufort Hertford Bertie Hyde Section 103(5)(b) of the Coastal Area Brunswick New Hanover Management Act defines "development" Camden Onslow as: Carteret Pamlico It any activity in a duly designated area of 5 environmental concern ... involving, 9 the construction of an accessory build- requiring, or consisting of the construc- ing usually found with an existing struc- tion or enlargement of a structure; exca- ture, if no filling is involved. vation; dredging; filling; dumping; remov- In addition, Section 103(5)(c) of the Act al of clay, silt, sand, gravel or minerals; allows the CRC to define certain classes of bulkheading; driving of pilings; clearing minor maintenance and improvements or alteration of land as an adjunct of con- which are exempt from the permit require- struction; alteration or removal of sand ment. The specific types of projects eligible dunes; alteration of the shore, bank, or for exemptions are those with successful bottom of the Atlantic Ocean or any track records in not damaging the resources sound, bay, river, creek, stream, lake, or around them. Projects exempted under this canal." section are identified in the use standards 4. Does your project qualify for an exemption described in this handbook. from the permit requirement? In any case, it is best to check with a DCM If no, a CAMA permit is required. field consultant or local permit officer to Section 103(5)(b) of CAMA specifically see if your project qualifies for an excludes certain activities from the above exemption. definition of "development" and therefore DOES YOUR PROJECT NEED A MAJOR DEVEL- exempts them from the permit require- OPMENT PERMIT ORA MINOR ment. These exempted activities are: DEVELOPMENT PERMIT? 0 road maintenance within the public CAMA's permit program involves two main right-of-way; categories of permits: one for "major" devel- 0 utility maintenance and extensions to opment and one for "minor" development. In projects that already have CAMA addition to these are general and emergency permits; permits (see pages 26 and 28). 0 energy facilities covered by other laws or N.C. Utilities Commission rules; Your project will need a major development 0 agricultural or forestry production permit if it meets one or more of the following which does not involve the excavation conditions: or filling of estuarine or navigable e it involves alteration of more than 20 acres waters; of land and/or water within an AEC; 0 agricultural or forestry ditches equal to 0 it involves a structure or structures cover- or less than six feet wide by four feet ing a ground area greater than 60,000 deep; square feet on a single parcel of land; 0 emergency maintenance and repairs e it proposes drilling or excavation for natu- where life or property are in serious ral resources on land in an AEC or under danger;and water; or 6 0 it requires another state or federal permit, natural environment and/or adjacent license, or authorization (such as for property owners. dredging a -nd filling, sedimentation con- trol, wastewater discharge, or mining). The CRC has also exempted from the major development permit requirement minor addi- A CAMA major development permit is most tions or modifications to bulkheads, piers, commonly required for projects which must docks, boathouses, and boat ramps that are have a "Permit to Excavate and/or Fill" under already in place and permitted. The exemption the Dredge and Fill Act. is aimed at simple modifications intended for private use; these must still meet specific crite- Major development permits, since they ria to qualify for the exemption. The IDCM involve larger projects that are of concern to field consultant can tell you what these criteria the state as a whole, are administered directly are and whether or not your project is exempt by the Division of Coastal Management and from the major development permit require- the Coastal Resources Commission. ment. This exemption is officially stated in Title 15, Subchapter 7K, Section .0202 of the N.C. If your project meets none of the above Administrative Code. conditions, it will need a minor development permit. Minor development permits are Exemptions from the Minor Development administered by the local government under Permit: authority granted by the Coastal Area Man- The Coastal Resources Commission does not agement Act and using standards adopted by require a minor development permit for the the Coastal Resources Commission. following development activities: * the repair or replacement of any structure Exemptions from the Major Development in a similar manner, size, and location as it Permiit@ existed prior to damage, unless such repair or replacement would violate current The Coastal Resources Commission does not CAMA standards; and require a major development permit for the 0 accessory uses or structures related to the maintenance and expansion of certain projects main use of the site that require no elec- for which a state easement and/or Dredge and tricity, plumbing, or other service connec- Fill Act permit has already been issued. Such a tions and that do not exceed 200 square project qualifies for the exemption only if it feet of floor area. meets all of the following conditions: � the project's dimensions do not exceed 20 in both of the above situations, the project percent of the dimensions originally must meet all of the following conditions to permitted; qualify for the exemption: � the project's purpose or primary use does 0 it must not disturb more than 200 square notchange;and feet of land area on a slope greater than � such action will cause no damage to the ten percent; 7 0 it must not remove, damage, or destroy a positive statement does not guarantee that threatened or endangered plants and the federal agency will act accordingly. animals; *it must not alter surface drainage channels; Federal Licenses and Permits Subject to *it must not alter the form or vegetation of Consistency a frontal dune; The following are some of the more com- 0it must not be within 20 feet of any perma- mon federal permits reviewed for consistency nent sUrface waters; and with the Coastal Management program: 0 it must comply with all applicable CAMA a U.S. Army Corps of Engineers Section 10 standards and local land use plans in effect permit: for building structures in navigable at the time. waters. In any case, it is best to check with a DCM 0 U.S. Army Corps of Engineers Section 404 field consultant or local permit officer to see if permit: for placing fill material in wetlands. your project qualifies for an exemption. This 0 U.S. Coast Guard permits: for the construc- exemption is officially stated in Title 15, Sub- tion or modification of bridges and cause- chapter 7K, Sections .0302, .0303, and .0304 of ways over navigable waters. the N.C. Administrative Code. Information about other federal licenses and STATE REVIEW OF PROJECTS REQUIRING permits subjectto consistency can be obtained FEDERAL PERMITS from the DCM field offices in Wilmington, Projects that require federal permits or any Morehead City, Washington, and Elizabeth form of federal authorization which are being City. proposed in the 20 coastal counties are Permit Review Process reviewed by the Division of Coastal Manage- ment for consistency with the North Carolina The Division of Coastal Management is the Coastal Management Program. These reviews state agency responsible for preparing a state are mandated as a result of North Carolina response for federal permit applications in the receiving federal approval of its coastal man- 20 coastal counties. This involves coordinating agement program in September 1978 under and obtaining comments from 11 other state the U.S. Coastal Zone Management Act of agencies which review applications to ensure 1972. Under the Act, federal agencies cannot that proposed projects meet state law issue a permit for a project if it is found to be requirements. This review is the basis for inconsistent with the state program. determining whether or not a project is consis- tent with the coastal management program. Finding that a project is consistent with the state program, however, does not mean that There are two separate review procedures the federal permit must be issued. Therefore, for determining the consistency of projects while a negative statement from the state will with the North Carolina Coastal Management prevent an applicant from obtaining a permit, Program: 1) projects proposed for designated 8 areas of environmental concern; and 2) proj- all of the information needed to conduct a ects outside of designated areas of environ- consistency review of the project. mental concern but within any one of the 20 coastal counties. Time Limits for Consistency Reviews The state is allowed six months from receipt Projects Within AECs of an applicant's consistency certification, or A project proposed for construction within receipt of the information needed to make a an AEC that requires a federal permit automat- consistency determination, to conduct a con- ically requires a CAMA major development sistency review. If a determination has not permit. Therefore, an applicant is required to been made within three months of the begin- submit an application for a CAMA major per- ning of a review, the state must let the federal mit when he applies for a federal permit. The agency and the applicant know the status of state has developed a joint application form the review. with the U.S. Army Corps of Engineers, Wil- mington District. Only one permit application Applicant's Appeal Rights needs to be filled out in order to apply for a if the state finds an applicant's project to be federal Corps permit and a state CAMA inconsistent with the coastal management pro- permit. gram, the applicant has the right to appeal the decision. The appeal must be filed with the When an applicant completes the permit U.S. Secretary of Commerce within 30 days of form, he or she must certify the consistency of receipt of the state's objection. Guidance on the project with the coastal management pro- how to file the appeal may be obtained from gram by signing the completed permit form the Division of Coastal Management. In all which includes a statement to this effect. The cases, the appeal must be based on the issuance of a CAMA permit constitutes the grounds that the activity is consistent with the state's concurrence with the applicant's certifi- objectives of the federal Coastal Zone Man- cation. The denial of a CAMA permit is a find- cecurity. The applicant must supply the Secre- ing that the project is inconsistent with the tary of Commerce with detailed information managernent program. that supports this position. Projects Outside AECs Division of Coastal Management and Corps of The Division of Coastal Management is noti- Engineers General Permits fied of proj@cts outside of AECs but within the The Division of Coastal Management and the 20 coastal counties by the federal agency from U.S. Army Corps of Engineers issue general which a permit is being requested. In these permits authorizing certain types of activities cases, the federal agency informs the applicant that have minimal environmental impacts. Any of the consistency requirement. North Caro- activity covered under a specific general per- lina has an agreement with most federal agen- mit has been certified to be consistent with the cies which allows the agency to send some or North Carolina Coastal Management Program. Therefore, a consistency certification is not required. However, a project must be con- ducted in accordance with the conditions of the general permit covering the particular activities. ons, ORM5,% W, R - M @:F N.J eA@CA@ A cd. @: '. %.:. If your project requires a minor develop- Notifying Adjacent Property Owners ment permit, you should contact the local In addition to listing adjacent waterfront permit officer for the community where the landowners, you must notify them about your project is (see appendices). The local permit project either in person or by mail. Failing to officer is a local government employee (usually do this can be grounds for revoking your per- the building inspector, zoning administrator, mit if a neighboring property owner protests or planner) who has been trained by the Divi- and appeals approval of the permit. sion of Coastal Management to review applica- tions for consistency with CAMA standards, to AEC Hazard Notice issue minor development permits, and to If your project is located in an ocean hazard advise applicants on how to design their AEC (that is, a designated ocean erodible area, projects. inlet hazard area, or high hazard flood area), you must fill out and sign an AEC Hazard The local permit officer will discuss the pro- Notice as part of the minor development per- posed project with you and will give you an mit application. This notice states that you rec- Application for CAMA Minor Development ognize the natural hazards present in building Permit (see Figure 2). The LPO can help you fill on the site, that the Coastal Resources Com- out the application and can suggest ways to mission does not guarantee the safety of your carry out the project in harmony with the project, and that the CRC assumes no liability CRC's guidelines for development in areas of for future damage to the project. environmental concern. THE PERMIT APPLICATION Site Drawing The permit application packet asks for basic Your permit application must be accompa- nied by a site drawing which shows the dimen- information about the project and the prop- sions and other characteristics of the property, erty involved. This information includes: as well as the location and nature of the proj- � the landowner's and authorized agent's ect itself. The permit application form lists the names, addresses, and telephone numbers; specific information that must appear on the � the location, scale, and nature of the site drawing. The local permit officer can give project; suggestions on how to do the drawing and � a statement of property ownership; where to get the information that must appear � a list of adjacent riparian (waterfront) on it. property owners and their addresses; and � a signed statement allowing the local per- To make the application easy to understand mit officer to enter the property. and review, the site drawing should be as clear and simple as possible (see Figure 4). it should The statement of ownership can be filled out be done on clean, white, 81/2" x 11" paper with from the deed to the property. You can get the black ink or dark, thin pencil. The drawing names of adjacent waterfront property owners does not need to be to scale but significant from the local tax office. dimensions should be indicated. it does not GENERAL INFORMATION Name Address City Stat Zip Phone 2. AUTHORIZED AGENT Name Address City State Zip Phone 3. LOCATION/DESCRIPTION OF PROJECT 4. AREAS ENVIRONMENTAL CONCERN (AEC) CLASSIFICATION (TO Be filled in by Local Permit Officer prior to completing application) Ocean Hazard Estuarine Shoreland Other 5. PROPOSED USE Residential Commercial/Industrial Other 6. SIZE OF BUILDING IN SQUARE FEET 7. SIZE OF SITE IN SQUARE FEET This applicatio includes general information (this for a site drawing as described on the back of this application, the ownership statement. the AEC hazard notice where necessary, a check for $25.00 made payable to the locality, and any information as may be provided orally by the applicant The details of the application as descried by these sources are inco- rporated without reference in any permit which may be issued Deviation from these details will constitute a violation of any permit Any person developing in an ALC without a CAMA permit is subject to civil and administrative action This the day of 19 Applicants signature (or authorized agent) Indicate below address and phone if not shown above. STATEMENT OF OWNERSHIP I, the undersigned an applicant for a CAMA minor development permit, bieng either the owner of property in an area of environmental concern or a person authorized to act as an agent for purpose of applying for a CAMA minor development permit, certify that the person listed as landowner on this application has a significant interest in the real property described therein. This interest can be described as follows: (Check one)] an owner of record title is vested in see Deedc Book page in the County Reteistry of Deeds an owner byvirtue of inheritace Application is an heir to the state of probate was in County if other interest such as written contract or lease explain below or use a seperate sheet attached to this application. NOTIFICATION OF ADJACENT PROPERTY OWNERS I futhermore certify that the following persons are owners of properties adjoining this property I affirm that I have given AACTUAL NOTICE to each of them concerning my intent to develop this property and to apply for a CAMA permit Name Address (1) (2) (3) (4) FOR DEVELOPERS IN OCEAN HAZARD AND ESTUARIE SHORELINE EROSION AREAS: I acknowledge that the land owner is aware that the proposed development is planned for an area which may be susceptible to erosion and or flooding. I acknowledge that the local permit officer has explained to me the paticular hazard problems associated with this lot. This explanation was accompanied by recommendations concerining stabilization and floodproofing techniques. PERMISSION TO ENTER ON LAND I futhermore certify that I am authorized to grant and do in fact permission to the local permit officer and his agents to enter on the aformentioned lands in connections with evaluating information related to this permit application. This the day of 19 Land owner or person authorized to act as his agent for purpose of filing a CAMA application. 12 have to be prepared by an engineer or archi- The standards are described in this handbook; tect; however, it must provide clear and com- the local permit officer can explain the stan- plete information. dards and how they affect a particular project. Application Fee Compliance with the Local CAMA Land Use When you submit the permit application Plan and Local Development Ordinances form and site drawing to the local permit The local permit officer will check to make officer, you must also pay a'$25 fee to cover sure that the project complies with the local the administrative costs of processing the CAMA land use plan. The land use plan is pre- application. This should be paid with a check pared by the local government. It sets forth the made out to the local government. community's policies regardin-g development and identifies different classifications of land HOW THE APPLICATION IS REVIEWED where a particular activity is or is not allowed. once the local permit officer has received all Your project will be denied a CAMA permit if of the application materials, he or she will visit it does not comply with the policies and land the project site, see if the project meets the classifications in the land use plan. Coastal Resources Commission's standards for development in the AEC, and see if the project The local permit officer will also check to complies with the local CAMA land use plan and make sure that the project complies with the docal development ordinances (see Figure 5). local zoning ordinance, subdivision ordinance, and other development regulations. if the pro- Site Visit ject would violate any of these local ordinan- The local permit officer will visit the project ces, then the Coastal Area Management Act site to make sure that the site drawing is accu- prohibits the LPO from approving a minor rate. The LF`0 will look at the site with an eye development permit for it. toward any conditions (marshes, eroding shorelines, etc.) that the project will have to When you first talk to the LPO, it is a good work around or overcome in order to meet the idea to ask how the land use plan and local CRC's development standards. The LPO will development regulations might affect your post at the site an official notice that, an appli- project. cation has been filed for a minor development permit (see Figure 3). Additional Information Compliance with CRC Standar .ds If the local permit officer needs more infor- mation to review the application, you will be In conjunction with the site visit, the local notified by certified 'or registered mail. if the permit officer will check to make sure that the review will take longer than the 25 days proposed project complies with the CRC's allowed under the Coastal Area Management "general standards" for that AEC and "specific Act, the local permit officer will send you a use standards" for that type of development. notice extending the review time for an addi- 13 NOTH"17A CAMA PERMIT Al@-AS-r(C APPLIED FOR -584000,00ffvV W.00, T 11011CT COMMENTS ACCEPTED THROUGH 11111-IIANT FOR ORE DETAILS CONTACT OCAL PERMIT OFFICER BELOW THE -A500WO ON WP45 tn Figure 3. 44 0 -(3 Hull 11111111 111111M 1fl 10 ri b V) 7f-/ %0 Al 04-"00'00"E -76. 00' COA6-rAt- t)RIV-- 6,0' /Z/VV cA0--x>c&--r1o1y A-A Indicate First M,4,- -O)R: JOHN IDOO Floor Elevation I-M-:5 /0, /1, t2- 3111 MAAC.,,'( 5, 11194 Figure 4. Sample site drawing to be included with a minor development permit application. 14 tional 25 days; this is also done by registered or certified mail. The LPO can extend the review period only once. MINOR DEVELOPMENT PERMIT PROCESS Public Notice Pre-applicatior. conference with Local Permit Officer to determine what type of permit is required Once the LPO receives the complete appli- or if project is exempt from CAMA standards cation, he or she will publish a legal notice in the local newspaper. This notice lets other Consultation with DCM people in the community know that the proj- Exemption Field Consultant ect is being considered for a minor develop- Work may begin Exemption ment permit. They have the right to examine Applicant files for Major Development the application file to see if the projec 't com- Work may begin Permit plies with the CRC's development standards, the local land use plan, and local development r ordinances. Minor Develo'pment Permit application and fee su bm,tt ed to Local Permit Officer THE PERMIT DECISION The Coastal Area Management Act gives the Local Penn it Officer prints public local permit officer 25 days to make a decision Local Permit Officer visits site and notice in local newspaper to approve or deny a minor development reviews CRC standards, land use plan and local development regulations Public submits commen to Local Permit Office permit application. (As noted above, the LPO may extend this deadline once.) Based on the review of the application, the LPO will do one T_ of three things: � approve the permit with no conditions; F-L-c-lPe-it Officer decides on pe-=,t I � approve the permit with conditions; or I � deny the permit. Per it approved with Pernit approved with Permit denied no conditions conditions An approval is issued if the project complies I fied Pe it sentIto applicant Permit se - licant Applicant noti t t with the CRC's development standards, the for i na re local land use pian, and local development Appeal to CRC Applicant r turns signell regulations. I possible permit to the L.M.- An approval with conditions means that the applicant must take certain steps to make the Work may begin project meet all requirements needed to Figure 5. CAMA MINOR DEVELOPMENT PERMIT as authorized by the State of North Carolina, Department of Natural Resources and Community Development and the Coastal Resources Commission for develop- ment in an area of environmental concern pursuant to Section 113A-118 of the General Statutes Coastal Area Management. receive a minor development permit. The LPO will list these conditions onthe permit itself. Some commn conditions attached to minor development permits include: Where backfill is used, either a filter cloth or a foot vegetative buffer will be used to prevent fill material from washing into adjacent waters or marshes. Enclosed area is limited to a maximum area of500 square feet. No marsh grass will be graded or filled. Distributed areas will be immediately stahbilized. This permit must be renewed every six months Unenclosed gazebo attached to the walk shall not exceed 500 squarw feet. A denial will be issued if the project would violate the CRC's standards for development in areas of eniironmental concern, would not comply with the loacal CAMA land use plan, or would violate a local development regulation. Once the LPO maked the decesion, you will be sent an official CAMA permit decisio (see Figure 6 by registered or certified mail. The decision will be marked permit, conditional permit, or denial if your permit is approved with conditions you must sign the permit 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 permit does not receive a decision or a notification of extension within 25 days of the date the application was filed, then the permit may be condsidered issued and the applicant can begin work on the project 15 receive a minor development permit. The LPO will list these conditions on the permit itself. CAMA Some common conditions attached to minor iA Major Developmen t Poermits If your project requires a major develop- Combining the applications for all of these ment permit, you should contact the Division permits into one form reduces confusion on of Coastal Management's field consultant for the part of permit applicants and reduces the the community where the project is located. time it takes to review and approve permit (See appendices for addresses and phone applications. numbers.) The field consultant reviews applica- tions for major development permits and helps The form also serves as the application for a applicants design their projects to comply with dredge and fill permit from the U.S. Army CAMA regulations. Corps of Engineers required by Section 10 of the Rivers and Harbors Act and Section 404 of The field consultant will discuss the pro- the Clean Water Act. posed project with you and will give you copies of the Application for CAMA Permit for In 1981, the Corps of Engineers agreed to Major Development. Before you complete and entrust its review for "Section 10/404" permits submit the application, ask the field consultant to the State of North Carolina for projects also to suggest any changes or alternatives to the requiring a CAMA major development permit project that would help it meet the Coastal and state Dredge and Fill Act permit. Under Resources Commission's guidelines. this arrangement, the Corps automatically issues a "Section 10/404" permit for any proj- The major development permit application ect which meets the requirements of CAMA form also serves as an application for three and the Dredge and Fill Act. The Corps still other state permits. Any project requiring one retains the authority to pick out projects for a of these permits listed below also requires a separate federal review. The state still receives CAMA major development permit: comments on each project from federal agen- cies. However, 85 to 90 percent of the projects � Permit to Excavate and/or Fill: required by which previously had to have separate state the state's Dredge and Fill Act for any proj- and federa'l reviews now need only one from ect involving construction, dredging, or fill- the state, thus avoiding duplication and delay. ing in estuarine waters, tidelands, marsh- lands, or state-owned lakes; THE PERMIT APPLICATION � Easement in Lands Covered by Water: The permit application (see Figure 7) asks for required by'the Department of Administra- basic information about the project and the tion for any filling activities in navigable property involved. This includes: waters which raise land above the normal 0 the applicant's name, address, and tele- high water mark; and phone number; � Water Quality Certification: required by 0 the location, scale, and nature of the the Environmental Management Commis- sion for any activity which may discharge project; pollutants into navigable waters and which 0 the type of land to be excavated or filled, and the type of equipment to be used; and requires a federal permit. APPLICATION FOR PERMIT TO EXCAVATE AND/OR FILL EASEMENT IN LANDS COVERED BY WATER WATER QUALITY CERTIFICATION CAMA PERMIT FOR MAJOR DEVELOPMENT Department of Administration (G5 146-12) State of North Carolina Department of National Resources and Community Development (GS113-229,143-215.3 9(a)(1),143-215(c),113A-118 Department of the Army Corps of Engineers, Wilmington District (33 CFR 209,320,329) Please type or print and fill in all blanks. If information is not applicable so indicate by placing N/A in blank. 1. Applicant Informatio A. Name Last First Middle B. Address Street P.O. Box or Route City or Town State Zip Code Phone II Location of Proposed Project: B. I City, town community or landmark 2. Is proposed work within city limits? Yes No C. Creek, river, sound or bay upon which project is located or nearest named body of water to project III. Description or Project A. 1. Maintenance of existing project 2. New work B. Purpose of excavation or fill 1. Access chanel length width depth 2. Boat basin length width depth 3. Fill area length width depth 4. Other Lenght width depth C. 1. Bulkhead length Average distance waterward of MHW (shoreline) 2. Type of bulkhead construction (material) D Excavated material (total for project) 1. Cubic yards 2. Type of material E. Fill material to be placed below MHW (see also VI A) IV Land Type, Disposal Area and Construction Equipment A. Does the area to be excavated include any marshland swamps or other wetland? Yes No B. Does the disposal area include any marshland swamps or other wetland Yes No C. Disposal Area 1. Location 2. do you claim title to disposal area? D. Fill material source if fill is to be trucked in E. How will excavated material be entrapped and erosion controlled? F. Type of equipment to be used G. Will marshland be crossed in transporting equipment to project site? If yes, explain D&F -81 Rev. 10/78 Figure 7. Sample application form required when applying for a CAMA major development permit. V. Intended Use of Project Area (Describe) A.1. Private 2. Commercial 3. Housing Development or Industrial 4. Other B. 1. Lot size(s) 2. Elevation of lot(s) above mean high water 3. Soil type and texture 4. Type of building facilities or structures 5. Sewage disposal and /or waste treatment A. Existing Planned B. Describe 6. Land Classification (circle one) DEVELOPED TRANSITIONAL COMMUNITY RURAL CONSERVATION OTHER (See CAMA Local Land Use Plan Synopsis VI. Pertaining to Fill and Water Quality Does theproposed project involve the placement of fill material below mean high water Yes No B. 1. Will any runoff or discharge enter adjacent waters as aresult of project activity or planned use of the area following project completion Yes No 2. Type of discharge 3. Location of discharge VII. Present rate of shoreline erosion (if Known VIII. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for work in project area, if applicable IX. Length of time required to complete project X. In addition to the completed application form the following items must be provided A. Attach a copy of the deed (with State application only) or other instument under which applicant claims title to the affected property, OR if applicant is not claiming to be the owner of said property then forward a copy of the deed or other instrument under which the owner claims title plus written permission from the owner to carry out the project on his land B. Attach an accurate work plat drawn to scale on 81/2 X 11" white paper (see instruction booklet for details). Note: Original drawings preferred only high quality copies accepted C. A copy of the application and plat must be served upon adjacent riparian landowners by registerd or certified mail or by publication (G.S. 113-229 (d) Enter date served D.List names and complete addresses of the riparian landowners with property adjoining applicant's Such owners have 30 days in which to submit comments to agencies listed below. XI. Certification requirement: I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolinas Approved coastal manaement program and will be conducted in a manneer consistent with such program. XII. Any permit issued pursuant to this application will allow the development described in this appl- cation and plat. Applicants should therefore describe in the application and plat all anticipated development activities, including construction, exavation, filling and land clearing. DATE Applicant's Signature SEE REVERSE SIDE FOR MAILING INSTRUCTIONS D & F Rev 10/78 17 APPLICATION V. Intended On of Protect Am (Dmeiba) FOR A.' 18 the intended use of the project and the amount of time required to complete it. MA)OR DEVELOPMENT PERMIT PROCESS Pre-application conference with DCM Field Consultant The completed application must be accom- to determine what type of permit is required panied by a copy of the deed to the property or if project is exempt from CAMA standards involved (or letter of permission from the property owner), a list of neighboring water- Exemption Consultation with front landowners, and an accurate work plat. Local Permit Officer The applicant's signature on the form allows Work may begin Applicant files 'or Minor Deve!o, pment the field consultant to enter the site and to Perm review work occurring there. Major Development Permit application and fee One copy of the completed application must submitted to DCM Field Office be returned to the Division of Coastal Man- Field Consultan visits site and agement's field office so review of the applica- reviews CRC stanclards, land use plan tion can begin. If a federal permit is required, a and local develop .ment regulations copy of the completed application must be Field Consultant se Irids application and Field Office prints public notice sent to the U.S. Army Corps of Engineers' Wil- Field Investigation Report to Permit in local newspaper mington District Office, along with a cover let- Coordinator in DCM Raleigh Office ter addressed to the District Engineer request- Permit Coordinator sends copies of ing a "Section 404" permit from the Corps. application and Field Investigation Report Public submits comments to state and federal agenci, to DCM Raleigh Office This request causes the state's review of the I project and the federal government's review to Agencies review application and submit comments to the begin at the same time. (See appendices for Permit Coordinator addresses and telephone numbers.) The third I copy of the completed application is for your F_,@-_it Coordinator assembles and reviews complet,e files. application file and makes a recommendation to DCM Director I Proof of Ownership Director clecidjEjEjK@@ If the major development permit application Permit denied Permit approved. @ith o is also an application for a state Dredge and Fill without cond Act permit, a copy of the deed, or other doc- Applicant notified Permitsent Ito applicant Appeal to CRC ument showing title to the land, must be I for signature attached to the copy sent to the Division of A@plicant returns signed Coastal Management. A copy of the deed can permit to DCM Raleigh Office be obtained from the county register of deeds Work may b@egm@ office. if the applicant does not claim to be the owner of the property, then he must also sub- mit a copy of the deed along with written Figure 8. 19 AWACEW RIPARIAN LqM"ERS STATEffff permission from the property owner to carry out the project. General Statute 113-229 requires that riparian landowners with property ad- joining a proposed excavation and/or fill project be given thirty (30) day. in Notifying Adjacent Riparian Property Owners which to cement on the project. This form allows the adjacent riparian land- owner to express either; (1) that he objects to the project or, (2) that he does The applicant must include in the applica- not object and desires to waive his right to the 30-day period so that the pm- tion package a list of the names and addresses ce-ing of the application can progress more r-idly, of course, he adjacent riparian landowner need not sign this form at all if he so chooses. of the owners of adjacent waterfront proper- 1, , = an adjacent riparian property ties. These can be obtained from the county owner and have seen a copy of the application submitted by tax supervisor's office. dated , 19__ wherein said applicant requests a permit to excavate, fill or otherwise alter the land or water adjacent to my property. If you are applying for a state dredge and fill permit as well as a CAMA major development r-1 I have no objection to the project as presently proposed and hereby permit, you must notify these persons about waive that right of objection as provided in G. S. 113-229. the proposed project by sending them a copy I have objections to the project as presently proposed and omments of the completed application by certified or are attached. registered mail, if their addresses can be determined. If certified or registered mail is Signature of Adjacent Riparian Landowner Date used, then copies of the postal receipts must be attached to the application form. If the Forward Comments To: addresses of the neighboring land owners can- Offic of Coastal Management P. 0.e... not be determined, then the applicant must Raleigh, North Carolina 27611 publish a notice in the local newspaper. Forms for notifying adjacent owners are available for the applicant's convenience from the DCM field consultant (see Figure 9). All applicants should check with the DCM field consultant beforehand about what type of notification is D6F-C required. Rev. 11/79 Figure 9. Sample form to be sent to adjacent property State law gives any party affected by the owners for comments before construction can begin. proposed project 30 days to comment on it from the date they are notified. Objections to the project do not necessarily result in denial of the permit; however, any reasonable objec- tions must be considered in the Division of Coastal Management's review of the application. 20 Site Maps and Work Plats The permit application must be accompa- nied by a vicinity map showing the location of PROPOSED FILL CONCRETEE B the project, and work plats showing the type of PROPOSED DECK 2"X6" PROPOSED PROJECT DEPTH work to occur (see Figure 10(A)-(H)). EXISTING GROUND LEVEL PROJECT SITE The vicinity map (see Figure 10(A)) is a small scale map showing 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 HAVERS ISLAND ALL SEAWOOD CONSTRUCTION TYPICAL GROSS SECTION OF PROPOSED BOAT BASIN, BULKHEAD FILL helpful, but is not required. The map should NOTES have an arrow indicating the project's location SCALE 1/8" - 1"-0 FILL EXCAVATED FROM BOAT BASIN TO (see Figure 10(B) and should identify the LEVELED OVER ENTIRE LOT TO APPROXIMATE DEPTH OF SIX INCHES. 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 corner of the work plat. LAND ELEVATIONS INDICATED IN FEET ABOVE MSL, O.O The work plat, or project plan, must indicate the approximate mean low water line (MLW), the mean high water line (MHW), and the extent of any marshland in or near the pro- posed work site. All coves, creeks, and other PROPERTY OF FRANK SMITH PO BOX 000 MARKER'S ISLAND, N.C. water bodies should be included in the shore- line sketch. Arrows should indicate the direc- tions of ebb and flood tides and the flow direc- tions of streams (see Figure 10(C). The work PROPERTY LINE PROPOSED CONCRETE DRIVEWAY CANAL EXTENDS SCALE 1'-50' -6.0 plat must show property boundaries as they appear on the deed, and the names of adjacent PROPOSED DWELLING SITE TO BE RAISED PROPOSED ELEVATED DECK property owners. The work plat should show CANAL EXTENDS CANAL FLOOD existing and proposed man-made structures, PROPOSED BOAT BASIN BULKHEAD, DECK DRIVEWAY AND DWELLING SITE such as clocks, bulkheads, and houses, with HARRERS ISLAND CARTERET CO. N.C. some way of indicating what exists now and JOHN DOE OCTOBER 17,1984 G MAIN STREET what is proposed. All work plans must be FOSTER CITY , NC 28934 drawn to scale (1" = 200'or less) to make them easier to understand and evaluate. Figure 10. Sample work plat and vicinity map to be The work plat must also clearly indicate and included with a major development permit application. 21 describe any areas to be excavated or filled, may prepare the maps and plans yourself, or including the exact location of spoil disposal hire a surveyor, engineer, or architect to do sites (see Figure 10(D)). When fill is to be them. In any case, they must be carefully and placed behind a bulkhead or dike, the plan neatly prepared in the form described. Use as must show the exact location of the bulkhead few sheets as necessary to show the proposed or dike and show that it will be adequate to work. A complete set of maps and plans must confine the fill (see Figure 10(E)). There should be attached to each application. Originals are also be a note indicating the depth of excava- preferred. The drawings should be in black tion below the mean low water mark and the pencil or india ink on clean, white, 81/2" x 11" cubic yards of material to be removed. A cross- paper, with a margin of at least 1" along the sectional diagram is required for each pro- left edge (for binding) and at least a 1/2" margin posed excavation, fill, or structure (including along the other three sides. Since the law bulkheads, dikes, and spoil retention works). requires numerous state and federal agencies The cross-sectional diagram should show the to review the application, the drawings must depth of the excavation, or the elevation of the be neat and clear enough to permit photo- fill, relative to the existing ground level, the graphic reproduction. If blue line copies are mean high water level, and the mean low used, then you must submit 30 sets of prints water level (see Figure 10(F)). The mean low with the application. water line should be the reference for other water depths and land elevations shown on the Additional Information plat. If the Division of Coastal Management needs more information about the project during its Each drawing.should have a simple title review of the application, it will notify you by block to identify the project, the name of the mail. applicant, and the date the map was prepared (see Figure 10(G)). The title block should also Activities requiring a major development indicate whether the work is new or for main- permit are often part of a larger development tenance purposes, who prepared the drawing, project that takes place outside of the AEC. and to what scale it is drawn. The Division of Coastal Management may ask for full information on the entire development All maps and plans must have the usual project to see how it might affect the quality of meridian arrow pointing north (see Figure coastal resources. This helps in evaluating the 10(H)). When two drawings are shown on the major development permit application and in same sheet, they must be drawn so that the determining if the proposed work is consistent meridians are parallel. North must be at the with the CRC's development policies. top of the drawing. Application Fee These drawings are attached to, and there- When you submit the permit application fore are part of, the permit application. You materials to the DCM field consultant, you 22 must also pay a $100 fee to help defray the Compliance with the Local CAMA Land Use permit processing costs. This should be paid Plan and Local Development Ordinances with a check made out to the Department of The DCM field consultant will check to Natural Resources and Community make sure that your project complies with the Development. local CAMA land use plan. The land use plan is prepared by the local government. It sets forth the community's policies regarding develop- HOW THE APPLICATION IS REVIEWED ment and identifies different classifications of Once the DCM field consultant has received land where a particular activity is or is not all of your application materials, he or she will allowed. Your project will be denied a CAMA visit the project site, see if the project meets permit if it does not comply with the policies the guidelines for development in that AEC, and land classifications of the land use plan. and see if the project complies with the local CAMA land use plan and local development The field consultant will also check to make ordinances (see Figure 8). sure that the project complies with the local zoning ordinance, subdivision ordinance, and Site Visit other development regulations. If the project would violate any of these local ordinances, The field consultant will visit the project site then the Coastal Area Management Act pro- to make sure that the site maps and work plans hibits the Division of Coastal Management are accurate. The field consultant will look at from approving a major development permit the site with an eye toward any conditions that for it. the project will have to consider or overcome in order to meet the Coastal Resources Com- mission's standards, and will also post at the When you first talk to the field consultant, it site an official notice that an application has is a good idea to ask about how the land use been filed for a CAMA major development plan and local development regulations might permit. affect your project. Compliance with CRC Standards Public Notice In conjunction with the site visit, the field Once the field consultant receives your consultant will check to make sure that the complete application, the Division of Coastal proposed project complies with the CRC's Management will publish a legal notice in the "general standards" for that AEC and "specific local newspaper. This notice lets other people use standards" for that type of development. in the community know that your project is The standards are described in this handbook; being considered for a major development the DCM field consultant can explain the permit. They have the right to examine the standards and how they affect a particular application file to see if the project complies project. with the CRC's development standards, the 23 local land use plan, and local development 9 Division of Water Resources ordinances. 9 Wildlife Resources Commission Review by State and Federal Agencies Each major development permit application The complete major development permit is reviewed by these agencies to ensure that application is circulated to state and federal the project will not harm public resources. agencies for review and comment before the Each agency returns its comments to the Divi- Division of Coastal Management makes a deci- sion of Coastal Management. The comments sion to approve or deny the permit. The appli- are used in addition to all the other informa- cation for a CAMA major development permit tion on the project in deciding whether to is an "umbrella" document. By completing and issue or deny the permit. submitting the one form, you can also request the Division of Coastal Management's approval THE PERMIT DECISION of a state Dredge and Fill Act permit, the The Coastal Area Management Act gives the Department of Administration's approval of an Division of Coastal Management 75 days from Easement in Lands Covered by Water, the Divi- the date the field consultant accepts the appli- .sion of Environmental Management's approval cation to approve or deny a major develop- of a Water Quality Certification, and the U.S. ment permit. This can be extended once for an Army Corps of Engineers' approval of a Section additional 75 days when more time is needed 404 Dredge and Fill Permit. The application is for other agencies to review the application. circulated to all of these agencies plus those The Division of Coastal Management will delay responsible for protecting wildlife, historical the 75-day period when more information is sites, public health, and water resources, as needed to complete the application file. listed below. After visiting the project site and examining Federal the application file, the field consultant will 0 Army Corps of Engineers submit a field investigation report to a major 0 Environmental Protection Agency permit officer in DCM's Raleigh office. The 0 National Marine Fisheries Service major permit officer then coordinates DCM's 0 Fish and Wildlife Service review of the project with other agencies. He will submit the field consultant's and his own State recommendations, any comments from adja- * Department of Administration cent property owners and other affected per- * Department of Transportation sons, and any comments from state and federal 0 Division of Health Services review agencies to the director of the Division 0 Division of Community Assistance of Coastal Management. Based on this infor- * Division of Archives and History mation, the director will do one of three 0 Division of Land Resources things: 0 Division of Environmental Management 0 approve the permit with no conditions; 24 approve the permit with conditions; or deny the permit. STATE OF NORTH CAROLINA Department of Natural Resources and Community Development and An approval is issued if the project complies Coastal Resources Commission with the CRC's development standards, the I local land use plan, and local development regulations. Once the major development permit is approved and issued, the project must continue to abide by the work plat and all rules and policies adopted by the Coastal Resources Commission. An approval with conditions means that the the proposed work in some way to meet all requirements and receive a major develop- ment permit. The Division of Coastal Manage- ment will list these "conditions" on the permit itself. Some common conditions attached to major development permits include: The bulkhead alignment will approximate the mean high water level." ""No marsh grass will be excavated and/or filled." "No excavated or fill material will be "in order to protect water quality, runoff 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 Permit Class Permit Number STATE OF NORTH CAROLINA Department of Natural Resources and Communiity Development and Coastal Resources Commission Permit for Major Development in an Area of Environmental Concern pursuant to NCGS 113-A -118 Excavation and or filling pursuant to NCGS 113-229 Issued to authorizing development in County at as requested in the permittee's application dated This permit issued on is subject to compliance with the application (where consistent with the permit), all applicable regulations special conditions and notes set forth below. Any violation of these terms may subject permittee to a fine imprisonment or civil action or may cause the permit to be null an void This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiaion or continuance, as the case may be. This permit must be accessible on-site to Departmetnt personnel when the project is inspected for compliance. Any maintenance work or project modefication not covered hereunder requires further Departmental approval. All work must cease when the permit expires on issuning this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DNRCD and the Chairman of the Coastal Resources Commission. David W. Owens, Director Office of Coastal Management This permit and its conditions are hereby accepted Signature of Permittee Figure 11. Sample major permit that will be issued if a project is approved by the Division of Coastal Management. 25 (see example), signed by the director of the a letter stating such by certified or registered Division of Coastal Management. You cannot mail. begin work on the project until you sign both and return the copy to DCM. Any conditions if an applicant for a major development will be listed on the permit (see Figure 11). permit does not receive a decision within 75 days of the date the application was filed, or By signing this document, you agree to abide does not receive notification that the review by all CAMA standards, any conditions stated period has been extended, then the permit is on the permit, and the work plat you submit- automatically issued and the applicant can ted with the application. By signing the permit, begin work on the project. you also waive the right to appeal any condi- tions placed on the permit. A denial will be issued if the project would violate the Coastal Resources Commission's standards for development in areas of environ- mental concern, would not comply with the local CAMA land use plan, or would violate a local development regulation. If the applica- tion for a major development permit is also an application for a state Dredge and Fill Act permit, both permits can be denied if it is found that: � the proposed dredging and filling will obstruct or damage public use of waterways; � the project will diminish the value and enjoyment of another waterfront owner's property; 0 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 sup- plies; or � the project will damage wildlife or fisheries. If the major development permit is denied, the Division of Coastal Management will send General Permits Certain routine types of development which explained by a DCM field consultant. Any would require either a major or minor permit development under this permit must be con- are eligible for a general permit. The general sistent with local regulations, guidelines for permit has streamlined the permit process for areas of environmental concern, and local land projects which pose little or no threat to the use plans. environment, and which were routinely per- mitted before the general permit was adopted. The Application Process The general permit does not require the stan- To begin the application process, contact the dard permit application and review period for nearest DCM field consultant. (See appendices projects. In most cases approval for a project for addresses and phone numbers.) The field can be granted on the same day the request is consultant will visit the project site to deter- made. mine if the proposed development is a candi- date for a general permit. If so, the applicant The general permits apply to the following must complete a one-page appli'cation/permit forms of development: form providing his or her name and address, construction of private piers, docks, and location of the project, and a description of boat houses; the proposal (see Figure 12). A sketch of the stabilization of the estuarine shoreline with project will be made on the same form. The bulkheads and riprap along alignments not a.ppli.cant must also confirm that the adjacent extending over five feet into the water, riparian property owners have agreed in writ- construction of wooden groins for estua- ing that they have no objections to the pro- rine shoreline stabilization; posed project. construction of boat ramps along the estuarine shoreline; and If the project is approved, the field consul- maintenance excavation of channels, tant will sign the application/permit form, canals, boat basins and ditches when exca- authorizing the work. The project must then vation does not involve the removal of be carried out according to the approved plan. more than 1,000 cubic yards of material. If the project is not a candidate for a general Each general permit has a set of general and permit, the applicant will be assisted in prepar- specific conditions which must be met before a ing an application form for a standard major or project can be approved. These include: minor permit. no wetland alteration no work in primary nursery areas no impacts on adjoining property no unnecessary interference with navigation The details of these conditions can be 27 CAMA AND DREDGE AND FILL GENERAL PERMIT ,, -horized by to, Stab, of North C-lina, Dw-_on of NaturA Rt,.=,nd =-4y D-I,pno- nd th, Ua-t R ... ur- C-ontb- in - a- of , -ir.nor @_i on P to 15 NCAC A' plil- N Ph- Nu- Ad doo, St- - Zip Prot- L-b.n (C ... ty, S-, Rood, W-r Body, Typ@ of Proj- A.Mly PROJECT DESCRIPTION SKETCH (SCALE: P" bf-) '.o,nn .,.in r'. da- -1., 0-1 dlno-i.no Thi, "'nit i, '@bj- to Phu- !Lh thi, ppli,,t;,., it, dr-i anl alot, hd Ji-ral and W,,ifi, -oditiw- Any of "" _.' _y b)n, t th, p-l-, to @ fi- 1-11-not or ci' it -i.o; nd ,y - th, p-il 1. b, -n'-" -, -11 nd -id. Thi, pe-it ust b, on th, pr,j,,t it, nd --bl@ @. th@ P.- dfit,r', P_it 'ffi_ h@o to, -j- S in '_ u,d for -p an- Th@ ppli-t ,rlifi,, by Signing thi, per-h tht 1d) 1hi, pro ject" -ih .. -t Wd _ "Ern n .11 I-al ordin,-,, od . @rit.o 1-- o' ha' " n bWn,d fr.. ,dl.t,.t rip,ri.o od-n- -Ufying tb,t th@ h- no .bj@,flor, to titn, pr.p..d -rk. @,,m'in, th@ S- of North Cardin, -tifi,, th,t nrq@ ti -i-nt @ilh th, North C-lin. C.-I -geot,nt Pr.gr- Figure 12. General permit application/permit form issued for certain types of development activities. Emergency Permits'', In emergency situations, an emergency major or minor permit may be issued by a DCM field consultant or local permit officer, respectively. A situation is considered to be an emergency when life or structures are in "imminent danger" as the result of storms erosion, or a similar occurrence. In general, if the erosion escarpment is within 20 feet of the foundation of a structure it may qualify for an emergency permit. Any work that is under- taken with this permit is limited to what is necessary to reasonably protect against or reduce the. risks caused by the emergency situation. The procedure for applying for an emer- gency permit is the same as the procedure for applying for major and minor permits (see pages 10-25) with the following differences: 9 the field consultant or local permit officer must notify the applicant of the permit decision within two days of completing the permit review; * the requirement for filing a public notice is waived, but all reasonable steps to notify adjacent riparian landowners of the permit application must be made, as for all permit applications; e the application fee to defray processing costs is $25 for emergency permits, regard- less of whether they are major or minor. To begin the emergency permit approval procedure, contact either a DCM field consul- tant if a major permit is required, or a local permit officer if a minor permit is required. (See appendices for addresses and phone numbers.) Variances,, Appeals and Enforcement Actions VARIANCES reasoning, it may issue a permit for the project An applicant may petition the Coastal with or without specific conditions. Resources Commission for a variance to under- take a project that is otherwise prohibited by -APPEALS the CRC's development standards. Applying The Coastal Area Management Act and for a variance implies that you recognize the Dredge and Fill Act grant an automatic right of CRC's rules for development as valid, but are appeal to the permit applicant and the Secre- asking for special flexibility in the application tary of the Department of Natural Resources of these rules due to exceptional conditions or and Community Development, who must noti- hardships at the project site. Anyone applying fy the Division of Coastal Management within .for a variance should contact the Division of 20 days of the permit decision that they want Coastal Management's field consultant for the to appeal. No development is allowed while community where the project is proposed. The the appeal request is being considered. Any petition for a variance must be filed with coast- other directly affected person or agency who al management on a standard form provided wishes to appeal a permit decision must by the field consultant. it must be accompa- request a hearing within 20 days of the permit nied by additional information on the nature decision from the Chairman of the Coastal of the project and the reasons for requesting a Resources Commission and must show that: variance. The Division of Coastal Management 0 CAMA regulations have been violated; will then schedule a variance hearing and pre- * that the petitioner is directly affected by pare recommendations for the CRC to either the permit decision; and approve or deny the variance. 0 that the appeal has a reasonable likelihood The CRC will conduct a variance hearing of success. within 45 days of receiving the variance Once a request for hearing has been made, request. This hearing is usually held in con- all work authorized by the permit must be sus- junction with a regular open CRC meeting. To pended until the matter is settled. if a hearing receive a variance, the petitioner must ade- is granted, the Division of Coastal Manage- quately show for his project that: ment schedules an appeal hearing before a 0 strict application of the CRC's develop- member of the CRC who is appointed by the J ment standards results in practical difficul- CRC chairman to serve as the hearing officer. ties and/or unnecessary hardship; Assistance to the hearing officer is provided by 9 these difficulties or hardships result from a staff member of the Attorney General's conditions peculiar to the property Office. The parties to the hearing may be involved; and represented by attorneys, but this is not 9 these conditions could not have been required. After the hearing, a full transcript of anticipated by the CRC when it adopted the hearing is prepared and each party submits the development standards. its proposed findings and conclusions to the if the CRC is satisfied with the petitioner's hearing officer. Based on this, the hearing 30 officer recommends a decision to the full willful permit violations. Civil penalties of $100 Coastal Resources Commission. The CRC then, to $2,500 may also be assessed by the CRC for in regular open session, decides to either major development violations and civil penal- uphold or overturn the permit decision. The ties up to $250 for minor development viola- Act requires the entire appeals process - from tions. The amount of the civil penalty can be the initial filing for appeal to the CRC's deci- contested by appeal to the CRC. Civil penalties sion - to be completedwithin 180 days. are proposed by the Department of Natural Resources and Community Development Any appeal of the CRC's decision goes to the based on a schedule set by the CRC. If con- Superior Court. tested, a formal appeal hearing is held on the transcript and findings of this hearing are pre- ENFORCEMENT ACTIONS sented before the CRC at one of its regular Permits issued under the Coastal Area Man- open meetings, where the full CRC decides agement Act - and the conditions in those whether or not the proposed penalty is permits - are intended to protect the natural appropriate. environment, public health, and economic Enforcement problems will not arise if work future of the North Carolina coast. The Gen- on the project is carried out in complianc'e eral Assembly has provided penalties to be with the CRC's development standards and any applied when CAMA's permit requirements special permit conditions. Work on the site will are violated. be periodically inspected by DCM's field con- A violation of the Act occurs when devel- sultant and/or the local permit officer. When opment is undertaken in an AEC without a you get a CAMA permit, you should consult valid CAMA permit, or when any work that is with the field consultant or local permit officer permitted is carriedout in a way that does not before actually beginning work to make sure comply with the CRC's standards or with the that any construction methods you use will permit's conditions. When a violation occurs, meet all requirements and not cause unneces the local government or the Division of Coastal sary damage to the coast's natural resources. Management can issue a cease and desist order and assess a penalty for the violation to restore damages to public resources. In all violations, the first priority of the Divi- sion of Coastal Management and the Coastal Resources Commission is to seek prompt, voluntary restoration 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 Air Estuarine System Areas of Environmental Concern In carrying out its responsibilities under the ESTUARINE AREAS OF ENVIRONMENTAL CONCERN Coastal Area Management Act, the Coastal (Typical Creek, N.C.) Resources Commission has designated four SOUND 77, 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 follow- ing descriptions of the estuarine system AECs AEC BOUNDARY will help you identify whether or not your proj- 7@ ect is located in an area of environmental con _57@ cern, as well as explain each area's importance 75 i@ and the reasons why it is necessary to manage ":7- development there. .......... . . . . . . . . . . . The estuarine system is the coast's broad STAL FISljjSG 100"tS network of brackish sounds, marshes, and the ERS INGWAT shorelines surrounding them. These lands and ISLAND FISH waters support an abundance of plant and animal life and constitute a great economic and recreational resource for North Carolina's people. Each component of the estuarine sys- tem depends in some way on the others. Any alteration, however slight, in one component of the estuarine system may have unforeseen consequences in other parts of the system. For example, the destruction of a salt marsh may LEGEND lower the quality of estuarine waters and stim- Estuarine Waters ulate the erosion of nearby shorelines. Estuarine Shoreline As an interdependent collection of lands and Public Trust Waters water, the estuarine system needs coordinated F7@ Coastal Wetlands management to ensure that human activities in r one part of the system do not damage other parts of the system. Development in the estua- rine system needs to be managed in order to protect the system's important values and Figure 13. Estuarine System Areas of Environmental benefits. These values include: Concern. 33 � good water quality for commercial fishing, ment." For the specific boundaries of estuarine sport fishing, recreation, and human and inland waters contact the N.C. Wildlife consumption; Resources Commission. (See appendices for � continued free public use of navigable address and phone number.) waters; and � undisturbed nursery areas, spawning areas, The high biological productivity of the estua- shellfish beds, and other important rine system depends on the unique water cir- habitats. culation patterns of the estuarine waters. These patterns are caused by tidal energy, the mix- The following components of the estuarine ture of salt water and freshwater flows, and system have been designated as AECs: estua- shallow water depths. The circulation of estua- rine waters, public trust areas, coastal wetlands, rine waters transports nutrients and plankton, and estuarine shorelines (see Figure 13). The spreads young fish and shellfish, flushes plant coastal management program gives high prior- and animal wastes, cleanses the system of pol- ity to the protection and coordinated man- lutants, controls salinity, shifts sediments, and agement of these AECs to safeguard and per- mixes the water to create a multitude of pro- petuate their biological, economic, ductive habitats. These habitats include mud recreational, and aesthetic values. The CAMA and sand flats, eel grass beds, salt marshes, permit standards for these areas are designed submerged vegetation flats, shellfish beds, and to make development compatible with the nursery areas. The estuarine waters are also an natural environment and to reduce the likeli- important economic resource because they hood of damage to public resources and pri- support boating, fishing, swimming, and other vate property. recreational activities. They also have consider- able value for education and personal Estuarine Waters enjoyment. Estuarine waters are the most extensive The CAMA permit program gives highest component of the estuarine system; the state's priority to conserving the natural processes of sounds and tidal rivers tie together the estuarine waters, Second priority for the use of wetlands, estuarine shorelines, and public trust estuarine waters is given to "water- areas. The Coastal Area Management Act dependent" activities that require use of and defines estuarine waters as "all the waters of access to the water, and cannot function away the Atlantic Ocean within the boundary of from the water. Water-dependent uses include North Carolina and all the waters of the bays, navigation channels, marinas, boat docks, sounds, rivers, and tributaries thereto seaward piers, moorings, and erosion control of the dividing line between coastal fishing structures. waters and inland fishing waters, as set forth in an agreement adopted by the Wildlife Re- sources Commission and the Department of Public Trust Areas Natural Resources and Community Develop- Public trust AECs cover waters and sub- 00 34 merged lands in the coastal region where the channels, increase shoreline erosion, deposit public has rights of use and/or ownership, spoils below mean high tide, cause adverse including rights of navigation and recreation. water circulation patterns, violate water quality These areas support valuable commercial and standards, or cause degradation of shellfish recreational fisheries and are important waters are generally considered incompatible resources for economic development. The fol- with the management policies for public trust lowing lands and waters are public trust areas: areas. The development of navigation channels � all waters of the Atlantic Ocean and the or drainage ditches, the use of bulkheads to lands thereunder from the mean high prevent erosion, and the building of piers, water mark to the seaward limit of state wharves, or marinas are examples of uses that jurisdiction; may be acceptable within public trust areas, � all natural bodies of water subject to provided they will not be detrimental to public measurable lunar tides, and all lands there- trust rights and the ecological functions of the under, to the mean high water mark; estuary. � all navigable natural bodies of water, and all lands thereunder, except privately- Coastal Wetlands owned lakes to which the public has no The Coastal Area Management Act defines a right of access; coastal wetland as any salt marsh or other � all water in artificially-created bodies of marsh subject to regular or occasional flooding water containing significant public fishing by tides. Freshwater swamps and inland resources or other public resources which wetlands are not covered by the Act, unless are accessible to the public by navigation the CRC designates them as a "natural from bodies of water in which the public resource AEC." Coastal wetlands contain some, has rights of nagivation; and but not necessarily all, of the following plant � all waters in artificially-created bodies of species (see Figure 14). water in which the public has acquired 0 Smooth Cord Grass (Spartina alterniflora) rights by prescription, custom, usage, ded- 0 Black Needlerush Uuncus roemerianus) ication, or any other means. 0 Glasswort (Salicornia spp.) 0 Salt Grass (Distichlis spicata) These areas overlap with the estuarine 9 Sea Lavender (Limonium spp.) waters AEC, but they also cover inland fishing 0 Bulrush (Scirpus spp.) waters that are not in the estuarine waters AEC. 0 Saw Grass (Cladium jamaicense) 0 Cat-tail (Typha spp.) Development in public trust areas must be 0 Salt Meadow Grass (Spartina patens) properly managed in order to protect public e Salt Reed (or Giant Cord) Grass (Spartina rights for navigation and recreation, and to cynosuro;des) perpetuate the biological and economic bene- fits these areas provide to the people of the The roots, stems, and seeds of marsh plants state. Projects which would directly or indi- provide high-quality feed and nesting materials rectly block or impair existing navigation for wildlife and waterfowl. Plant leaves and 35 I Glasswort (Sa icornia spp.) Salt Grass (Distichlis spicata) Smooth Cord Grass--_@, (Spartina alterniflora) Black Needlerush (Juncus roemerianus) Sea Lavender (Limonium spp.) Salt Reed (or Giant Cord) Grass (Spartina cynosuroides) Cat-tail (Typha spp.) Bulrush Saw Grass (Scirpus spp.) Salt Meadow Grass (Cladium jamaicense) (Spartina patens) Figure 14. Plant species common to North Carolina's wetland areas. 36 stems also tend to dissipate waves while their It is essential that development along estua- extensive root systems hold soil together; thus, rine shorelines protect the natural barriers to marsF plants hinder the erosion of estuarine erosion that estuarine shorelines provide, pro- sh3relines and help guard against flood dam- tect documented historic architectural or age. The unique productivity of the estuarine archaeological resources, do not cause undue system is supported by the nutrients and sedimentation of estuarine waters, and do not decayed plant material (or detritus) that the cover an undue portion of the shoreline within marshes produce; these nutrients and cletritus impervious surfaces. support marine life. The marsh also traps nutri- ents by slowing the water which flows over it. In this manner, the level of nutrients support- ing life in the estuaries is maintained, and sed- iments harmful to marine animals are removed. Without coastal wetlands, the com- plex food chains and high productivity levels typically found in the estuaries could not be maintained. Man harvests various products of the marsh when he fishes, hunts, and gathers shellfish from the estuaries. Ninety to 95 percent of North Carolina's commercial and recreational fisheries (including shrimp, flounder, oysters, crabs, and menhaden) depend on coastal wetlands as nursery areas, fish and shellfish habitats, and sources of food. Estuarine Shorelines The CRC has designated as an AEC all shore- lands within 75 feet landward of the mean high water level, or normal water level, of the estua- rine waters (see Figure 13). Estuarine shore- lines, though typically dry land, are an impor- tant part of the estuarine system because of their connection to the estuarine waters. Improper development along the estuarine shoreline can pollute or destroy adjacent waters and wetlands. Estuarine shorelines are also vulnerable to erosion, flooding, and other natural hazards found in the estuarine system. General Standards ESTUARINE SHORELINE AEC Certain soil formations and plant communi- Estuarine shorelines have a direct effect on ties along with estuarine shorelines help the quality of adjacent estuarine waters and retard erosion. Peat marshlands and habitats. As the dynamic meeting point of the cypress-gum communities have dense land and water, they are also subject to dam- vegetation and root systems which hold age from flooding and erosion. They provide a soil in place. Clay soils, being denser and buffer between development and the estua- more cohesive, are less susceptible to ero- rine waters - a buffer that can keep sediments sion than loose, sandy soils. Since these and pollutants from contaminating estuarine areas are natural barriers to erosion, they habitats and a buffer that can help protect help protect human structures located development from erosion. along the shoreline. The Coastal Resources Commission has 0 No major facility paid for in any part by pub- adopted use standards for development along lic funds shall be permitted if it is likely to estuarine shorelines. These standards apply require extraordinary public expenditures for within 75 feet of the mean high water line. maintenance and continued use, unless the They ensure that shoreline development will public purpose served by the project out- not harm the natural functions of the estuarine weighs the required public expenditures. system and will recognize the dynamic and The use of public funds to finance the hazardous nature of the shoreline itself. Any construction and maintenance of build- project along the estuarine shoreline that ings, erosion control projects, and other requires a CAMA permit must meet the follow- structures can be futile if the projects are ing standards (which are officially stated in subject to repeated damage by erosion Title 15, Subchapter 7H, Section .0209 of the and flooding. In some cases, the level of N.C. Administrative Code) before a minor protection or other benefits these struc- development permit or a major development tures provide does not justify the amount permit can be issued. of money spent to build and maintain � Development shall not cause significant them. damage to estuarine resources. 0 impervious surfaces shall not exceed 30 per- � Development shall not interfere with existing cent of the lot area located within the AEC, public rights of access to, or use of, navigable unless such a limitation will allow no practical waters or public resources. use to be made of the lot OR the applicant can prove that the project's design can pro- � All development projects shall preserve and tect natural drainage as well as the 30 percent not weaken natural barriers to erosion, coverage limit. All development projects including (but not limited to) peat marsh- shall limit the construction of impervious sur- land, resistant clay shorelines, and cypress- faces, and other areas prohibiting natural gum fringe areas. drainage, to only the area necessary to ade- 38 quately serve the major use of the lot (see Figure 15). ROAD Impervious surfaces along the estuarine shoreline (such as parking lots, driveways, and patios) keep rainwater from seeping into the ground. Significant shoreline ero- DRIVEWAY sion can result as rainwater runs off the paved surface, across the bank, and into 10, the estuarine waters. This runoff can also carry sediments and pollutants from the AEC BOUNDARY pavement into the estuarine waters. (SHADED AREA All development projects shall meet the REPRESENTS IMPERVIOUS I standards of the N.C. Sedimentation Pollu- SURFACE WITHIN tion Control Act of 1973. AEC BOUNDARY) Certain provisions of the Sedimentation Pollution Control Act (G.S. 113A-57) directly address construction along the estuarine shoreline: 1 .all projects which uncover more than one acre of land must plant a ground cover sufficient to restrain erosion within 30 working days of final grading; Lu 2. all projects must provide a buffer Z Z zone along the water which will con- Lu fine visible siltation to the 25 percent Lu of the buffer zone nearest to any 0. 1No more than 30% of lot area allowed to be 0 covered (within AEC area). 0 land-disturbing activity; and k% a. Lotarea5Ox75 =3750sqft 3. no project shall include an angle for Impervious surface 30 x 30 = -900 10 x 12.5 = -125 graded slopes or fill greater than an 1025 sq It less than 30% coverage angle which can be retained by so, vegetative cover or other erosion control devices. Development shall not cause major or irre- ESTUARINE WATERS versible damage to valuable, documented historic architectural or archaeological Figure 15. Example of the maximum impervious surface resources. allowed to cover a lot located within the Estuarine Shore- There are numerous sites along the coast lihe AEC. 39 which contain significant cultural re- within the land classification where it is sources that need to be protected. Historic proposed, a CAMA permit cannot be architectural structures provide examples issued for that project. of important architectural styles and/or a EXEMPTIONS legacy of people who have played an important role in the coastal region's his- The Coastal Resources Commission does not tory. Archaeological resources (such as require a minor development permit for sites containing the remains of Indian set- single-family residences built within the estua- tlements, shipwrecks, and Civil or Revolu- rine shoreline AEC which are more than 40 tionary War artifacts) provide valuable feet from the mean high water mark, or nor- information on the history of the coastal mal water level. To receive this exemption, no region and its people. These resources land-disturbing activities may take place need protection, not only for historical between the house and the 40-foot buffer; an and archaeological research, but also as accessway from the house to the water may be lasting symbols of the coastal region's her- built as long as it is no wider than six feet. In itage. Information on the location of valu- eroding areas, this exemption applies only able historic architectural or archaeologi- when the local permit officer feels the house is cal sites can be obtained from the Division located the maximum feasible distance on the of Archives and History in the Department lot (but no less than 40 feet). In all cases, the of Cultural Resources. (See appendices for building must meet all other applicable CAMA address and phone number.) permit standards and comply with all applica- ble local land use plans and regulations. Before beginning any work under this exemption, you The project must comply with the local land must notify the DCM field consultant about use plan. the dimensions of the building, its location, Each of the coastal region's 20 counties and the landowner's name, address, and tele- and nearly all of its incorporated towns phone number. This exemption is officially have adopted local land use plans under stated in Title 15, Subchapter 7K, Section .0309 the Coastal Area Management Act. A local of the N.C. Administrative Code. land use plan contains the goals citizens have established for their community, a set The Coastal Resources Commission has also of policies that the community will use to exempted from the minor development permit manage development to reach these goals, requirement certain work in the estuarine and a map classifying lands in the com- shoreline AEC to maintain, repair, or construct munity according to the types of devel- private bulkheads with backfill, to place riprap opment that should occur on them. The along shorelines, and to construct piers and Act requires that projects which receive moorings in the coastal waters. Anyone propos- CAMA permits comply with the local land ing such a project should first check with the use plan. If the local land use plan does DCM field consultant or the local permit not allow a certain type of development officer to see what conditions must be met in 40 order to qualify for the exemption. The ment within coastal wetlands, estuarine waters, exemption does not apply to commercial and public trust areas. These standards protect properties or multi-unit residential properties. the natural productivity and continued human This exemption is officially stated in Title 15, use of these valuable resources. Any project in Subchapter 7K, Section .0307 of the N.C. a coastal wetland, estuarine waters, or public Administrative Code. trust AEC that requires a CAMA permit-must meet the following standards (which are offi- COASTAL WETLANDS, ESTUARINE WATERS, cially stated in Title 15, Subchapter 7H, Section AND PUBLIC TRUST AECs .0208(a) of the N.C. Administrative Code) Coastal wetlands provide vital habitats for before a minor development permit or major wildlife and waterfowl. They protect water development permit can be granted. quality by trapping sediments and pollutants. e Only "water-dependent" uses will be permit- They reduce flooding and hinder shoreline ted in coastal wetlands, estuarine waters, and erosion. They produce nutrients and decayed public trust areas. plant material that feed marine life. Shrimp, "Water-dependent" projects include navi- oysters, crabs, flounder, menhaden, and other gation channels, dredging projects, docks, fishes depend on coastal wetlands as nursery piers, bulkheads, boat ramps, groins, and areas, protective shelters, and sources of food. Man harvests various products of the wetlands bridges. Since these projects must be when he fishes, hunts, and gathers shellfish located near or in water to accomplish from the sounds and the ocean. their intended purpose, they are allowed in coastal wetlands, estuarine waters, and Estuarine waters transport nutrients and public trust areas if they meet all devel- plankton, control salinity, and cleanse the opment standards. Projects that are not estuarine system of pollutants. They support a water-dependent, such as restaurants, multitude of productive habitats, such as mud homes, motels, stores, factories, roads, and flats, submerged vegetation beds, shellfish parking lots, should be placed elsewhere beds, and spawning areas. The estuarine waters - preferably upland areas on solid also support boating, swimming, hunting, fish- ground. There is no need to place them in ing, and other human activities. wetlands, estuarine waters, or public trust areas where they can cause needless dam- Public trust areas support the public's free age to public resources. use of waterways for navigation and recreation. They cover all lands underneath these water- 0 The location, design, and construction of a ways and the minerals and biological resources project must: (a) give highest priority to the that these submerged lands contain. conservation of coastal wetlands, estuarine waters, and the resources in public trust areas The Coastal Resources Commission has to safeguard and perpetuate their biological, adopted general use standards for develop- economic, and social values, and (b) protect 41 public rights of navigation and recreation in flushed by currents accumulate sediments public trust areas. and pollutants. They present a threat not only to fish and shellfish habitats, but also � The site and design of the project shall cause to public health. the least possible damage to the productivity and integrity of coastal wetlands, shellfish Work on the project must be timed to have beds, submerged grass beds, spawning and the minimum adverse impact on the life nursery areas, important nesting and winter- cycles and migration cycles of fishes, shell- ing areas for waterfowl and wildlife, and fish, crabs, wildlife, and waterfowl. important natural barriers to erosion The life cycles of animals that depend on (marshes, cypress fringes, clay soils). the estuarine system are especially sensi- A development project in or near an estu- tive during certain seasons of the year. ary should avoid these locations to the Information on the seasons to avoid in car- greatest extent possible. Where these loca- rying out a development project can be tions cannot be avoided, the project obtained from DCM's field consultant or should be designed to have the least pos- from the Division of Marine Fisheries and sible impact on these important resources. the Wildlife Resources Commission. (See � The project must not violate the water quality appendices for addresses and phone standards and air quality standards estab- numbers.) lished by North Carolina's Environmental 0 The project must not cause major or irrevers- Management Commission. ible damage to valuable archaeological or Information on these standards can be historic resources. obtained from the Division of Environ- information on the location of valuable mental Management in the Department of archaeological and historic resources can Natural Resources and Community Devel- be obtained from the Division of Archives opment. (See appendices for address and and History in the Department of Cultural phone number.) Resources. (See appendices for address � The project must not measurably increase and phone number.) siltation. 0 The project must not impede navigation or Sediment from development projects can interfere with public access to, or use of, the be easily washed into wetlands and estua- estuarine waters and public trust lands and rine waters, smother important habitats, waters. block sunlight from reaching marine plants, and choke fish and shellfish. 0 The project must comply with the local land use plan. 9 The project must not create a stagnant body Each of the coastal region's 20 counties of water. and nearly all of its incorporated towns Bodies of water that are not adequately have adopted local land use plans under 42 the Coastal Area Management Act. A local the exemption. The exemption does not apply land use plan contains the goals citizens to commercial properties or multi-unit resi- have for their community, a set of policies dential properties. This exemption is officially that the community will use to manage stated in Title 15, Subchapter 7K, Section .0307 development to reach these goals, and a of the N.C. Administrative Code. map classifying lands in the community according to the types of development that should occur on-them. The Act requires projects receiving CAMA permits to 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 for that project. Development in estuarine waters must also meet the general use standards for "ocean hazard" AECs. Development in estuarine waters is subject to the same forces of waves, water cur- rents, and flooding that appear along the oceanfront and inlets. By following the general use standards for ocean hazard AECs (see pages 62-66), development in the estuarine waters will be protected from these forces. EXEMPTION The Coastal Resources Commission does not require a minor development permit for cer- tain work in a public trust AEC to maintain, repair, or construct 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 consul- tant or the local permit officer to see what conditions must be met in order to qualify for A@DIKED AREA HYDRAULIC DREDGING Hydraulic dredging is used to construct and maintain navigation channels and boat basins, INFLUENT allowing boats to safely use our coastal waters. MkXIMUM DISTANCE BETWEEN A key concern with hydraulic dredging is the C ALLOW LUEN-F PIPES.Olt SETTLING A disposal of dredge spoil. Unless it is placed in a At,40 EFFLUENr proper location, in a proper manner, spoil EFFLUENT SH MEAN LO WATER INFLUENT material can smother coastal wetlands, shellfish -PIPE beds, and fish spawning and nurse'ry areas. In PIPE IV* ( A N tw' ;1 addition, dredge spoil can release pollutants "41 F7 B into the estuarine waters unless it is deposited ESTUARINE WATER at a properly designed site. To receive a CAMA permit, hydraulic dredg- ing projects must meet specific standards in REMOVABLE BOARDS addition to the general use standards for coast- VEGETATION TO a[ wetlands, estuarine waters, and public trust WATER RETENTION PREVENT EROSION areas. These standards (which are officially STRUCTURE PIPE SHOULD REACH stated in Title 15, Subchapter 7H, Section BELOW MEAN .0208(b)(2) of the N.C. Administrative Code) LOW WATER are described below. SEDIMENT WATER FLOW TO MEAN LOW WATER 0 Dredge spoil must be either confined on Figure 16. Diagram of dredge spoil disposal site. high ground by adequate retaining structures OR, if the dredged material is suitable, depos- ited on ocean beaches as sand renourish- ment. Excavated materials confined on high ground must be placed landward 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 under- water, where sediments could cover valu- able habitats'cloud the water to keep light from reaching submerged vegetation, and X CT FDI'MF@WTP choke fish and shellfish. 0 The end of the dredge pipeline should be positioned within the spoil disposal area at 44 (1) a distance sufficient to keep the contain- they are properly designed and located. They ment dike from eroding and (2) a maximum can disturb important shellfish beds and fish distance from spillways to allow suspended nursery areas and damage wetlands, hindering sediments to settle evenly throughout the their ability to retard erosion and support wild- disposal area (see Figure 16(A)). life, waterfowl, and fisheries. They can also stimulate shoreline erosion by altering water � Effluent from a diked spoil disposal area must circulation patterns. be carried by a pipe, trough, or similar device to a point waterward of emergent vegetation The CRC's standards for navigation channels, or below the mean low water line. When canals, and boat basins are designed to help possible, the effluent must be returned to the avoid these problems and to protect the area being dredged (see Figure 16(B)). numerous and important values of coastal wetlands, estuarine waters, and public trust � A water control structure (such as a shut-off areas. To receive a CAMA permit, navigation valve or an overflow pipe) must be installed channels, canals, and boat basins must meet at the intake end of the effluent pipe to re- the specific standards in addition to the gen- strict the flow of sediment and stormwater eral. use standards for coastal wetlands, estua- runoff into adjacent marshes and waterways rine waters, and public trust areas. These (see Figure 16(Q. standards (which are officially stated in Title 15, Subchapter 7H, Section .0208(b)(1) of the N.C. � Dredge spoil from closed shellfish waters, Administrative Code) are listed below. and effluent from diked disposal areas hold- ing spoil from closed shellfish waters, must e Navigation channels, canals, and boat basins be returned to closed shellfish waters. must be aligned or located so as to avoid This standard keeps the contaminants primary nursery areas, highly productive shell- found in closed shellfish beds from reach- fish beds, submerged vegetation beds, and ing non-polluted shellfish beds, spawning marshes. and nursery areas, and submerged vegeta- The Division of Coastal Management's tion beds. field consultant can tell you where these areas are and how you can design a proj- ect to avoid them. NAVIGATION CHANNELS, CANALS, AND BOAT BASINS 9 Navigation channels and canals can be Navigation channels, canals, and boat basins allowed through narrow fringes of regularly are common in and along the coast's many and irregularly flooded coastal wetlands if broad sounds and rivers. These projects allow the loss of wetlands will cause no significant fuller use of the state's coastal waters by the damage to fishery resources, water quality, or public for recreational boating, commercial adjacent wetlands and if there is no reason- fishing, and other activities. However, these able alternative that would avoid losing the projects can cause serious problems unless wetland. 45 A LANDWARD The width of a canal or channel must be the minimum required to meet the applicant's C"ANNEL CANAL needs and to provide adequate water circulation. 81 WATERFLOW 10, L STAG ON NE Finger canal systems may not be constructed; canals should be either straight or meander- ing with no right angles. (UNACCEPTABLE DESIGN) This standard ensures that any canal that is LANDWARD constructed will have freely flowing water, HANNEL with no areas where water can stagnate CANAL and concentrate pollutants. J* WATERFL 6'-8' Canals should not stimulate shoreline erosion on adjoining properties; their design may include bulkheading, stabilized vegetation, or setbacks based on soil characteristics. Unless properly designed and located, Figure 17. Depth of boat basins navigation channels and canals can alter should decrease from waterward water current patterns and cause adjoining end to landward end. A properties to erode more easily and more quickly. CEO Shorelines along canals serving more than one residence may NOT contain (1) septic WIDEST POSSIBLE 0;1 tanks (unless they meet standards set by the OPENING Division of Environmental Management and the Division of Health Services), or (2) treated or untreated point source discharges of pol- lutants. They MUST have areas, such as B ,fvt6 grassed swales and settling basins, for routing and retaining stormwater runoff. This standard minimizes the discharge of sewage and other pollutants into canals, 1W where water moves slowly and has a lower B C Ow 10, @O @WIDEIK ST POSS )PE@ING Figure 18. (A) Preferred capacity to safely dissipate harmful boat basin design. materials. (13) Less-preferred boat basin design. No canal or boat basin may be dug deeper 46 than the channels to which they are connected. if canals or boat basins are dug deeper 'Ao goo than other channels, water currents will L carry sediments and pollutants into the canal or basin instead of flushing them out. Boat basins should be designed with the wid- est possible opening and the shortest possi- ble entrance canal to promote maximum flushing and exchange of waters. The depth of a boat basin should decrease from the waterward end to the landward end (see Fig- 'e ures 17 and 18). 00 All spoil material from the construction of a 4* canal, channel, or basin must be confined landward of regularly and 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 EXAMPLES water to keep light from reaching sub- S RIPARIAN ACCESS AREA merged vegetation, and choke fish and J__l shellfish. PROJECT AREA 9 Spoil from the maintenance of a channel or canal through irregularly flooded wetlands EDGE OF CHANNEL OR must be placed on non-wetland areas, rem- ------ DEEP WATER PROPERTY LINE nant spoil piles, or disposed of by an accep- RIPARIAN LIMIT table method having no significant, long- MEAN HIGH WATER term impact on the wetlands. Under no WATER circumstances may spoil be placed on regu- larly flooded wetlands. DOCKS AND PIERS Figure 19. Examples of riparian access areas. Riparian area Docks and piers are essential to enjoying life limit is figured at a 90' angle from the edge of the channel (or deep water), back to the property line on shore. 47 along the coast. Piers allow people to reach NO piers beyond water that is deep enough for boating, swim- 1/3 distance across ming, diving, and fishing. Docks provide water- channel front property owners with a place to tie up, M Mod load, and unload boats. However, if piers and docks are poorly designed, they can obstruct free and safe navigation and can obstruct the water circulation that sustains the estuary's natural systems. To receive a CAMA permit, docks and piers must meet the specific standards 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. NO new piers beyond existing pier lengths Administrative Code) are described below. L__ 9 Piers must be designed to reduce obstacles to Figure 20. Allowable pier lengths. navigation and public use of the waters. The waters of the estuarine system belong ,V egetate to all the people of the state, who have a Marsh right to use and enjoy them. A pier that p ents a threat to safe navigation or res obstructs free use of the waters denies the PLATFORM: public this right. CANNOT EXCEED 0 Piers must not interfere with access to any #j 500 sq ft PIER: 6 FOOT MAXIMUM WIDTH (A x B) riparian property. All parts of a pier must be IF BUILT OVER VEGETATED MARSH set back at least 15 feet from adjacent prop- erty lines, extended to the channel from the shoreline (see Figure 19). Setting piers back from the property line allows other boats room to maneuver and to reach adjacent waterfront properties. The 15-foot setback requirement may be @v B waived by the written agreement of the adjacent riparian property owners or when djoining owners are applying for the a Figure 21. Example of dock size requirements. CAMA permit together. 48 � Docks and piers shall not significantly inter- fere with shellfish leases or franchises. An applicant 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 extend. Some of the bottomla@ncls 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 maintain the beds. The construction of a pier or dock could dam- age shellfish beds unless it is properly designed and located. Information on the location of these shellfish beds and lease- holders can be obtained from the Division of Marine Fisheries. (See appendices for address and phone number.) � Piers must not extend beyond the length of existing piers that are used for similar pur- poses 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 obstruct safe navigation and free use of the public waters. k. 0 MEAN HIGH WATER � Pier alignments along federally maintained E channels must meet the U.S. Army Corps of Engineers' guidelines. MEAN LOW WATER Information on the location of federally maintained channels and federal pier alignment guidelines can be obtained ESTUARINE %Al"i rEIRSJ MW from the Corps' district office in Wilming ton. (See appendices for address and tele- Figure 22. Example of bulkhead alignment with mean high phone number.) water. 49 e Docks and piers must not significantly inter- fere with water flows. Docks and piers that obstruct or alter the circulation of estuarine waters can cause pollutants to accumulate along the shore- line and can stimulate shoreline erosion on nearby lands. Building a dock or pier on openly-spaced pilings allows water to circulate freely. 0 Docks and piers that are built over vegetated marsh must not exceed six feet in width. "T's" or platforms 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). Piers and docks keep sunlight from reach- ing marsh vegetation and thus retard plant growth. Keeping platforms at the end of piers to a smaller size minimizes the shad- ing of submerged grass beds and reduces obstructions to navigation and free use of A the public waters. BULKHEADS AND SHORELINE STABILIZATION MEASURES Shoreline erosion is common along North BULKHEAD Carolina's broad sounds and tidal rivers where the land meets waves and water currents. The sandy soils of the coastal region are relatively LANDWARD OF MARSH loose and are easily eroded. Many waterfront property owners, in an effort to slow this ero- MARSH,@_- sion, build bulkheads and other stabilization structures along the estuarine shoreline. These structures do provide a limited level of protec- MrTf M-TIT MIN tion against erosion, but they can also -encroach into coastal wetlands, estuarine Figure 23. Example of proper bulkhead alignment near waters, and public trust areas unless they are marsh areas. properly located and designed. 50 To receive a CAMA permit, bulkheads and is documented in the field investiga- other shoreline stabilization measures must tion report or other reports prepared meet the specific standards in addition to the by the Division of Coastal general use standards for coastal wetlands, Management; estuarine waters, and public trust areas. These 4. the bulkhead extends no further standards (which are officially stated in Title 15, beyond the mean high water or nor- Subchapter 7H, Section .0208(b)(7) of the N.C. mal water line than necessary (a) to Administrative Code) are outlined below. mitigate the unreasonable hardship resulting from unusual features, (b) to � Bulkhead alignment must approximate the align with adjacent bulkheads, and (c) mean high water or normal water level (see to allow recovery of the area eroded figure 22). in the year prior to the date of appli- The mean high water or normal water cation; and level is the boundary between private 5. the bulkhead will not cause signifi- property and the lands and waters held by cant damage to public trust rights or the state in the public trust. Bulkheads to adjacent waterfront properties. located waterward of this line encroach on the public's right of access to those lands 0 Bulkheads must be constructed landward of and waters. in addition, bulkheads located significant marshland or marshgrass areas below the mean high water or normal (see Figure 23). water line are more susceptible to damage Wetlands are vital to the health and pro- from waves and water currents; they can ductivity of fish and shellfish populations; also alter water circulation patterns to they depend on regular flooding by the actually stimulate erosion elsewhere along tides for nutrients and for carrying away the shoreline. sediments and pollutants. Bulkheads con- structed within a marsh block this essential � Bulkheads or other shoreline stabilization exchange and stimulate the gradual sedi- structures may be permitted below the mean mentation of the state's coastal wetlands. high water or normal water level only when ALL of the following conditions are met: e Bulkhead fill material must be obtained from 1. the property is not on the an approved upland source. if the bulkhead oceanfront; is part of a permitted project involving exca- 2. the property has an identifiable ero- vation from a non-upland source, the exca- sion problem or has unusual features vated material may be contained behind the (such as a steep bank) which would bulkhead. cause the permit applicant undue People often place fill behind a bulkhead hardship under the other bulkhead to compensate for past erosion and in an standards; attempt to stabilize the shoreline. Requir- 3. the need for a bulkhead below the ing this fill to come from an approved mean high water or normal water line upland site ensures that people will not 51 dig up the state's wetlands, estuarine beaches, and sound and river bottoms to get the fill material they need. VERTICAL SEAWALL TIDAL AREA e Where possible, sloping riprap, gabions, or ESTUARINE WATER vegetation may be used rather than vertical seawalls (see Figure 24). Riprap, gabions, and vegetation can be OR less expensive and more effective at impeding erosion than vertical seawalls, depending on the characteristics of a par- RIPRAP* ticular shoreline. Sloping shoreline struc- tures help dissipate wave energy as a wave ESTUARINE TIDAL AREA strikes the shoreline, thus reducing the WATERS wave's ability to carry away soil. Vertical seawalls do not dissipate wave energy as well; they can even direct it to adjacent *or gabions, or vegetation properties and to the base of the bulkhead Figure 24. Forms of estuarine shoreline erosion control. itself, causing additional erosion and dam- age to the bulkhead. EXEMPTIONS The Coastal Resources Commission does not require a major development permit for cer- tain bulkheading projects in an estuarine sys- tem AEC that a property owner proposes to prevent property loss due to erosion. To qual- ify for this exemption, the bulkhead must meet all of the following conditions: 0 it is needed to prevent a significant loss of private, residential property due to erosion; 0 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; 9 its shoreline length does not exceed 200 feet; 0 it is built prior to any backfilling; 52 � it is structurally tight, so as to prevent the seepage of backfill material; PROPERTY LINE 15' � backfill comes from an upland source; and MINIMUM � no marsh is excavated or filled. B FROM PROPERTY LINES This exemption is officially stated in Title 15, Subchapter 7K, Section .0203 of the N.C. z A Administrative Code. 25 FT MAXIMUM z LENGTH C4 z WOODEN AND RIPRAP GROINS LW 13 Groins are wall-like structures built out into LU UJ ow the water from the shoreline in order to pro- @: - vide limited protection from gradual erosion 0 0 by interrupting water currents and trapping PROPERTY LINE z Z 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 RIPRAP GROIN 4@, individual properties. The effectiveness of Figure 25. (A) (B) (C). Location of groins along estuarine these groins at reducing erosion is limited: waters. while they do trap sand under normal condi- tions, they also stimulate the erosion of adja- cent shorelines and provide little protection from erosion during a major storm. In addi- MAXIMUM OF 12 INCHES tion, the construction of a groin creates a WOODEN GROIN ABOVE MEAN HIGH WATER threat to navigation and water quality unless the groin is properly designed and located. The Coastal Resources Commission has devel- oped standards for the construction of groins MEAN HIGH WATER 7,77 to avoid these problems. Figure 26. Allowable height of groins along estuarine To receive a CAMA permit, wooden and waters. riprap groin projects must meet specific stan- W& dards in addition to the general use standards for coastal wetlands, estuarine waters, and pub- lic trust areas. These standards (which are offi- cially stated in Title 15, Subchapter 7H, Section .0208(a)(9) of the N.C. Administrative Code) are explained below. 53 Groins must pose no threat to navigation. 0 The height of a groin must not exceed one Any structure jutting out from the shore- foot above the mean high water level or line presents a potential hazard to boaters normal water level (see Figure 26). and the free use of the public waters. A groin will pile sand behind it up to the Groins should not interfere with boat groin's height. If the sand piles up too traffic. high above the water level, its sheer weight can cause the groin to topple. In Groins must not extend more than 25 feet addition, if a groin is built too high above waterward of the mean high water level (or the water level, storm waves will not wash normal water level) unless a longer structure over it and could cause it to collapse. can be justified by site-specific conditions and sound engineering and design principles "L" and "T" sections are not allowed at the (see Figure 25(A)). end of groins. "L" and "T" sections do not add to the Groins must be set back at least 15 feet from groin's effectiveness in trapping sand. the adjoining property lines (extended to the They can impede navigation and cause channel from the shoreline) (see Figure pollutants and debris to accumulate within 25(B)). the corner of the groin. Setting groins back from the property line Riprap material used to build a groin must be allows boats room to maneuver and to free from harmful quantities of loose dirt and reach adjacent waterfront properties. The other pollutants and must be large enough to 15-foot setback requirement may be keep from being carried away by waves or waived by the written agreement of the currents. adjacent riparian property owners or when Loose sediment and pollutants can be eas- adjoining owners are applying for the ily washed from a riprap groin into the CAMA permit together. coastal waters where they can harm aqua- tic plants and animals. The riprap itself, No more than two groins will be allowed per unless the stones are large enough, can be 100 feet of shoreline unless the applicant can carried away by storm waves and currents provide evidence that more structures are to litter adjacent shorelines and present a needed for shoreline stabilization (see Figure hazard to boats in shallow water. 25(Q. It is a general rule of thumb in coastal engineering that groins should be set apart MARINAS .for a distance at least four times their Marinas provide the boating public with a length in order to interrupt water currents variety of valuable services such as fuel, and trap sand. Since the standards gener- repairs, docking, and storage. The construction ally limit groins to a length of 25 feet, they and maintenance of a marina can involve sig- should be spaced at least 100 feet apart. nificant alteration of shorelines and wetlands 54 and the dredging of underwater habitats. significant damage to fisheries or Unless a marina is properly located and wetlands; designed, it can cause a good deal of damage 3. a deepwater site that is not a "pri- to important estuarine habitats and degrade mary nursery area" and that does not the quality of the estuarine waters. require excavation or wetland altera- tion; or To receive a CAMA permit, marinas must 4. a site requiring the excavation of rela- meet specific standards (which are officially tively unproductive underwater beds stated in Title 15, Subchapter 7H, Section to a depth no greater than the depth .0208(b)(5) of the N.C. Administrative Code), in of any connecting channels. addition to the general use standards for coast- al wetlands, estuarine waters and public trust Marinas which require dredging must not be areas. The specific standards'cited below apply located in "primary nursery areas", nor in to any publicly owned or privately owned areas which require dredging a channel dock, basin, or boat storage facility built to through "primary nursery areas" for access to accommodate more than 10 boats and to pro- deeper waters. vide permanent or temporary docking space, "Primary nursery areas" are breeding dry stack storage, haul-out facilities, and repair grounds for important fish and shellfish services. An exemption to the standards are species. These areas are identified and boat ramps which only allow access to the mapped by the N.C. Division of Marine water and have none of the above services. Fisheries, which will upon request provide permit applicants with information on their location. (See appendices for address 0 Marinas should be built on non-wetland sites and telephone number.) Maintenance or in deep waters not requiring dredging. dredging in primary nursery areas for exist- They should not disturb valuable shallow ing marinas will be considered on a case- water and wetland habitats, except for dredg- by-case basis. ing necessary for access to high-ground sites. The following four alternatives for sitting 9 Marinas which require dredging must pro- marinas are ranked in order of preference; vide spoil disposal areas adequate to accom- marinas must be designed to meet the high- modate future maintenance dredging. est priority that is feasible: 1. an upland site requiring no alteration 0 Marinas must not be enclosed within break- of wetlands or other estuarine habi- -waters that hinder the water circulation tats and having adequate water circu- needed to maintain water quality. lation to prevent the accumulation of Breakwaters that obstruct or alter the cir- sediment and pollutants in boat ba- culation of estuarine waters can cause sed- sins and channels; iment and pollutants to accumulate at the 2. an upland site requiring dredging marina and can stimulate shoreline ero- only for access when it will cause no sion on nearby lands. They not only pre- sent a threat to marine life and public water circulates slowly and present a health, but they also can create the need threat to marine life and public health, for more frequent maintenance dredging. human waste from boats is better disposed Marinas should minimize encroachments of on land at appropriate sites. into public waters by having a mixture of dry DRAINAGE DITCHES storage areas, public launching facilities, and Drainage ditches are used throughout North berthing spaces. Carolina's coastal region to lower the water table on a particular piece of land so it can be Marinas must be designed to avoid obstacles safely built upon or cultivated. Drainage to navigation and public use of the waters. ditches are also used to dry out areas where The waters of the estuarine system belong mosquitoes breed. Drainage ditches play an to all the people of the state, and they important part in making some areas more have a right to use and enjoy them. A mari- enjoyable and more livable. However, drain- na that presents a threat to safe navigation age ditches can cause a lot of damage to coast- or obstructs free use of the waters denies al resources unless they are properly designed. the public of this right. They can alter the flow of water through pro- ductive marshlands and disturb the natural Marinas should use all measures necessary to balance there. They can create stagnant bodies minimize damage to natural systems from of water where sediments, pollutants, and pollutants released while operating the mari- vermin accumulate. They can introduce sedi- na and its maintenance vessels. ment into adjacent estuarine waters which Pollutants such as grease, oil, paint, and could smother valuable habitats, cloud the sediments can be easily washed or flushed water to keep light from reaching submerged into the estuarine waters from fuel areas, vegetation, and choke fish and shellfish. parking lots, repair yards, boat decks, and bilges. Such devices as grease and sedi- The Coastal Resources Commission's stan- ment traps for stormwater runoff can pro- dards for drainage ditches and nonagricultural tect water quality at the marina and drainage are designed to help avoid these throughout the estuarine system. problems. To receive a CAMA permit, drain- Marinas must prominently display a sign age ditches must meet the specific standards showing the location of the nearest pumpout listed below as well as the general use stan- facility, including the telephone numbers of dards for coastal wetlands, estuarine waters, local septic tank pumping services and other and public trust areas (which are officially appropriate waste disposal information. stated in Title 15, Subchapter 7H. Section Sewage from boats can degrade the qual- .0208(b)(3) and (4) of the N.C. Administrative ity of waters at the marina and elsewhere Code). All proposed ditches with maximum in the estuarine system. Since it can dimensions greater than six feet wide by four accumulate in boat basins and areas where feet deep must apply for a letter of authoriza- tion from the Coastal Resources Commission. If the CRC determines that the ditch will affect estuarine or navigable waters, a major devel- opment permit is required. The dimensions of Drainage Canal all ditches are measured at the ground level. MAXIMUM SIZE ALLOWED � No drainage ditch in and through marshes 4' WITHOUT CRC PREAUTHORIZATION shall exceed six feet by four feet deep unless the applicant can show that a larger ditch is needed for adequate drainage (see Figure 27). Six feet by four feet is the standard size of Figure 27. Maximum allowable size of drainage ditches. drainage ditches in the coastal region. A ditch this size should be enough to drain the land and cause the least possible dam- age to surrounding wetlands. � No drainage ditch is to cause significant damage to primary nursery areas, shellfish beds, submerged grass beds, or other impor- tant estuarine habitats. DRAINAGE CANAL The Division of Coastal Management's SETTLING field consultant can tell you where these BASIN ESTUARINE areas are and how you can design a proj- WATERFLOW WATERFLOW WATERS ect to avoid them. Someone designing and digging a drain- age ditch should pay particular attention VEGETATION to the damage they can cause to the pro- BUFFER -1p, STRIP ductive estuarine system. This damage WATERFLOW oet comes not only from digging out the L6 < ditch, but also from releasing freshwater, DRAINAGE CANAL sediments, and nutrients into the wetlands 0 and estuarine waters. Large releases of freshwater can alter the water's salinity, 6 which is the key to the whole system's abil ity to support abundant plant and animal Figure 28. Retention devices used with drainage ditches. life. Sediment coming from the ditch and surrounding lands can smother valuable habitats, cloud the water to keep light from reaching submerged vegetation, and 57 choke fish and shellfish. Nutrients from free passage of finfishes, juvenile shrimp, and lands that are drained by the ditch can other migratory aquatic animals. cause algae blooms that rob the estuarine waters of light and oxygen. 0 Non-agricultural ditches may not create stag- nant pools of water or significant changes in Settling basins, water gates, and other the velocity of flow. runoff retention structures are examples of devices that can be used to reduce the EXEMPTION amount of sediments and nutrients that Small ditches used for agricultural or com- wash into the drainage ditch and then into mercial forestry with dimensions less than six the wetlands and estuarine waters (see feet by four feet do not require a CAMA per- Figure 28). mit. This exemption applies only for agricul- ture and forestry and does not apply to permits The excavation of new ditches through high required under the State Dredge and Fill Act. ground must occur landward of a temporary earthen plug or other device to reduce silta- NOURISHMENT OF ESTUARINE BEACHES tion of adjacent water bodies. North Carolina's broad sounds and tidal riv- Spoil from the construction or maintenance ers are lined with numerous sand beaches that people use for recreation. At times the beach of drainage ditches through a regularly migrates or erodes, and loses its value as a flooded marsh must be placed landward of recreational resource. The beach's usefulness the marsh to prevent the introduction of sed- for recreation can be temporarily restored by iment into the marsh or water. Where feasi- replenishing its supply of sand. However, such ble, spoil from ditches through an irregularly a project must be carefully carried out to pre- flooded marsh must be placed on non- vent the deterioration of wetlands, shellfish wetiand areas (including former disposal beds, nursery areas, navigation channels, and sites). water quality in the state's estuaries. Non-agricultural drainage ditches must be To receive a CAMA permit, estuarine beach designed to minimize diversions or reduc- nourishment projects must meet specific tions in the volume of flow to both surface standards in addition to the general use stan- waters and ground water. They must also dards for coastal wetlands, estuarine waters, minimize diversions of flow to both surface and public trust areas. These standards (which waters and groundwater. No non-agricultural are officially stated in Title 15, Subchapter 7H, ditch may divert or restrict the flow of water Section .0208(b)(8) of the N.C. Administrative to important wetlands or marine habitats. Code) are listed here. Non-agricultural drainage ditches must pro- 0 Beach creation and/or maintenance may be vide water of sufficient depth to allow the allowed to enhance water-related recrea- 58 tional facilities for public, commercial, and for costly maintenance dredging that must private uses. Placing unconfined sand in the be borne by another individual or the tax- water and along the shoreline will not be paying public. Beaches must be located allowed as a method for controlling shoreline and maintained with an eye toward water erosion. currents and sand migration patterns. � Beaches can be created and/or maintained 0 Beach construction shall not violate water where they historically have been found due quality standards. Material placed in the to natural processes. They will not be allowed water and along the shoreline must be clean in areas with high erosion rates where fre- sand free from pollutants and free from finer, quent maintenance will be needed. highly erodible materials. Grain size must be equal to or larger than that found naturally at � Beach creation will not be allowed in any the site. primary nursery areas, on any submerged Pollutants and fine silt can contaminate bottom with significant shellfish populations, coastal waters, cover submerged habitats, or in any area where siltation from the site and threaten public health and the survival would pose a threat to shellfish beds. Mate- of aquatic plants and animals. rial shall not be placed on any coastal wetlands or submerged aquatic vegetation. 0 Materials from dredging projects may be Wetlands, submerged vegetation beds, used for beach nourishment only if ALL of shellfish beds, and fish nursery areas are all the following conditions are met: vital components of the estuarine system 1. material is not placed directly on the that must be preserved. Covering them beach by dredge or dragline during with sand to create a beach would destroy the excavation; them and diminish the estuarine system's 2. the material is first handled in a ability to support its bounty of fish, shell- manner consistent with regulations fish, wildlife, and waterfowl. information governing spoil disposal (see specific on the location of wetlands, submerged standards for hydraulic dredging); vegetation beds, shellfish beds, and 3. the material is allowed to dry for a nursery areas can be obtained from DCM's suitable period; and field consultant and the Division of Marine 4. only material of acceptable grain size Fisheries. (See appendices for addresses is removed from the disposal site for and phone numbers.) placement on the beach. � Beach creation must not create the potential o Permits will authorize beach nourishment for filling nearby navigation channels, canals, only one time during the life of the permit. or boat basins. Permits may be renewed for maintenance Waves and water currents can easily wash work or renourishment. The adverse impacts loose sand from the beach into nearby of the original work must be evaluated channels and basins, thus creating a need before the permit can be renewed. GIRL.. 0 c ea n Haza rd 4- r-n Areas of 001 11 tatcoftce- In carrying out its responsibilities under the life and property and damage to the natural Coastal Area Management Act, the Coastal environment. Absolute safety from destructive Resources Commission has designated four natural forces is impossible for development categories of Areas of Environmental Concern along the oceanfront. However, the loss of life (AECs): the estuarine system, the ocean hazard and property from these forces can be greatly system, public water supplies, and natural and reduced by the proper location and design of cultural resource areas. These AECs, and the oceanfront structures and by preventing dam- standards for development in them, cover the age to natural protective features such as pri- coastal waters and about three percent of the mary and frontal dunes. land area of the 20 coastal counties. The fol- lowing descriptions of the ocean hazard system The Coastal Resources Commission has AECs will help you identify whether or not designated three ocean hazard AECs in which your project is located in an area of environ- CAMA permits are required: the ocean erodi- mental concern, as well as explain each area's ble area, the high hazard flood area, and the importance and the reasons why it is necessary inlet hazard area (see Figure 29). CAMA permit to manage development there. standards for development in these areas are designed to: The ocean hazard system covers those lands o minimize loss of life and property due to along the oceanfront and along the state's storms and long-term erosion; many inlets that are vulnerable to storms, 0 prevent the encroachment of permanent flooding, and erosion. The shape and location structures on public beaches; and of these landforms, especially the beaches, 0 reduce the costs that improperly designed dunes, and inlets, are always changing due to development imposes on the public (e.g., the forces of nature. The constant forces funding of erosion control works, beach exerted by waves, wind, and water currents nourishment projects, disaster relief aid, upon the sands of the ocean shoreline create a and the like). variety of hazards that threaten human activi- ties along the oceanfront and inlets. During The three ocean hazard areas overlap in storms, these forces intensify and can quickly many places, even though they are separate change the shape of the shoreline, beaches, AECs with their own standards for develop- and dunes, and damage any structures located ment. The Division of Coastal Management's on them. At the same time, the beaches and field consultants have aerial photographs delin- dunes also protect structures located behind eating the exact boundaries of all the ocean them by absorbing the force of wind and hazard AECs. waves. Because of this special vulnerability to natu- Ocean Erodible Areas ral hazards and the need to maintain beaches The ocean erodible AEC covers the beaches and dunes, development in ocean hazard areas and lands adjacent to the ocean which have a must be carefully designed to avoid losses of substantial possibility of long-term erosion and 60 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-term average annual rate of erosion for that particular stretch of ocean shoreline, plus an additional distance where significant erosion can be.expected dur- ing a major storm (see Figure 30). The width of SOUND 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 TYPICAL BARRIER ISLAND feet. INLET 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 storm. These are lands identified as Zones V1 to V30 on the OCEAN HAZARD AEC flood insurance rate maps prepared for ocean- OCEAN V-ZONE/FLOOD HAZARD front communities by the Federal insurance INLET HAZARD Administration. The area covered by "V- 9EM OCEAN ERODIBLE zones" is determined by an engineering analy- Figure 29. Ocean Hazard Areas of Environmental Concern. sis of expected flood levels during a storm, expected wave and current patterns, and the existing topography or "lay of the land." If the community does not have flood insurance rate maps available, other data on flooding, as approved by the CRC, may be used to define the high hazard flood AECs. The high hazard flood AEC overlaps with, but is usually wider IER LISLAND than, the ocean erodible AEC. Inlet Hazard Areas Because they are adjacent to dynamic ocean inlets, inlet hazard AECs are especially vulner- able to erosion, flooding, and dramatic shore- 61 line changes. inlet hazard AECs are delineated on maps prepared by the Division of Coastal Management for each inlet along the coast based on an analysis of inlet migration rates and the lowness and narrowness 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 encompass those lands where the inlet can be expected to migrate. The delinea- tion of each area is based on a statistical analy- sis of inlet migration, previous inlet locations, relatively narrow or low areas near the inlet, and the influence of such manmade features as jetties and channelization projects. The width of inlet hazard AECs varies from one inlet to the next; the AEC is narrower near relatively stable inlets 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. 7W OCEAN HAZARD AECs prevent encroachment of permanent struc- Ocean erodible areas face long-term erosion tures on public beach areas, and to reduce and sudden storm-induced shoreline changes. the public costs of inappropriately sited High hazard flood areas face flooding and development. wave wash during a hurricane, northeaster, or other major storm. Inlet hazard areas face Development in ocean hazard areas must long-term erosion, sudden shoreline changes, incorporate all reasonable means and flooding, and storm waves. Development in methods to avoid or minimize damage to the these three areas can pose a serious threat to natural environment and access to the public lives and property in oceanfront communities. beaches. These include measures that will: The Coastal Resources Commission has 1. limit the scale of the project and the adopted general use standards for develop- damage it causes; ment within ocean erodible areas, high hazard 2. restore the damaged environment; or flood areas, and inlet hazard areas. These 3. provide substitute resources to com- standards protect human lives and property by pensate for the damage. guiding the location and design of oceanfront structures. They protect sand dunes from de- o No development shall involve the significant struction. They reduce the costs that improp- removal or relocation of sands or vegetation erly designed development imposes on the from primary or frontal dunes. taxpaying public for building and maintaining Primary and frontal dunes help protect erosion control structures and beach nourish- structures built behind them from erosion, ment projects and for funding disaster relief flooding, and storm waves. They also play aid. They protect the public beach from struc- a vital role in maintaining the structure of tures that would interfere with the public's North Carolina's barrier islands and access to and use of the beach. beaches. The dense root networks of the vegetation that grows on dunes help trap Any development project which requires a and anchor the sand. The alteration of CAMA permit in an ocean erodible AEC, high frontal and primary dunes, and the vegeta- hazard flood AEC, or inlet hazard AEC must tion on them, can change natural beach meet the following standards (which are offi- renourishment patterns, disrupt the stabil- cially stated in Title 15, Subchapter 7H, Section ity of the entire barrier island system, and .0306 of the N.C. Administrative Code) before increase the risk of damage to human a minor development permit or a major devel- structures from erosion, flooding, and opment permit can be granted. waves. 0 Development should be located as far back 0 Development must be located and designed from the ocean as possible. At a minimum, to minimize losses to life and property result- small structures, such as beach cottages, must ing from storms and long-term erosion, to be located behind the erosion setback line, 63 A the crest of the "primary dune" OR the 30 x EROSION FIRST LINE OF STABLE landward toe of the "frontal dune," which- RATE NATURAL VEGETATION ever is the farthest landward. E OCEAN 1. The "erosion setback line" (see Fig- ure 30(A)) extends landward from the L - LA first line of stable natural vegetation 30 x EROSION FIRST LINE OF STABLE to a distance equal to 30 times the CR-T RATE NATURAL VEGETATION average annual erosion rate at the OFDUNE OCEAN site. In areas where erosion is less than two feet per year, there is a min- PRIMARY FRONT L DUNE DUNE imum setback required of 60 feet C landward from the vegetation line. TOE OF 30 x EROSION RATE FIRST LINE OF STABLE Erosion rates for different segments FRONTAL NA DUN TURAL VEGETATION of the state's ocean shoreline are FR NTAL_ determined by the Division of Coastal DUNE Management using an analysis of aerial photographs dating back to the Figure 30. (A) (13) (C). Diagram of the different minimum 1930's. These rates are adopted by the oceanfront setbacks required when building small Coastal Resources Commission to structures. establish the "erosion setback line." 2. A "primary dune" is defined as the first mounds of sand located land- ward of the ocean beaches having an 60 x EROSION RATE FIRST LINE OF elevation equal to the mean flood OR 30 x EROSION RATE + 105' STABLE NATURAL level for the area plus six feet. The WHICHEVER IS LESS VEGETATION crest of the primary dune (see Figure [Ell 11 =3 OCEAN 30(13)) is determined, on a case-by- case basis, by a DCM field consultant 7 or local permit officer. 3. "Frontal dunes" are the first mounds of sand located landward of the Figure 31. Diagram of minimum setback required when ocean beach with sufficient vegeta- building large structures on the oceanfront. tion, height, and configuration to offer protection from ocean storms. L3O,,,.,IR 10@N@F RS L NE OF STABLE S I I RAOTLE @ATURAL VEGETATION OCEAN The landward toe of the frontal dune (see Figure 30(C)) is determined, on a case-by-case basis, by a DCM field consultant or local permit officer. 64 NOTE: Man-made dunes created heads, seawalls, and concrete breakwaters, after June 1, 1979, will not be consid- may be built to protect oceanfront property. ered frontal or primary dunes. The preferred oceanfront erosion responses are beach nourishment and relocation of threatened buildings. Temporary erosion pro- tection devices, such as low sandbag bulk- Large-scale development, such as motels and heads and groins, may be permitted if certain condominiums, must meet an additional set- conditions are met. back requirement, due to the unique physi- By granting permits, the Coastal Resources cal, financial, and legal problems these struc- Commission does not guarantee the safety tures pose. The following requirement applies of the development; nor does the CRC to any structure of more than four dwelling assume liability for future damage to. the units or 5,000 square feet (see Figure 31). development. The erosion setback line for large struc- 0 All relocation of structures in ocean hazard tures extends landward from the.first line areas requires permit approval. of stable natural vegetation to a distance Structures relocated entirely with private equal to 60 times the average annual ero- funds shall be relocated as far landward of sion rate at the site. The maximum addi- the present location as possible. Structures tional setback for large structures is 105 relocated with public funds shall move to feet. For example, in an area with an aver- behind the applicable oceanfront setback age annual erosion rate of 10 feet per year, and comply with all other AEC standards. the setback for small structures would be 300 feet. In this same area the setback for 0 Development must meet all minimum lot size large structures - if there were no ceiling and setback requirements established by the level - would be 600 feet. Because the local government. basic setback cannot be increased by more Counties and towns often adopt regula- than 105 feet, the setback would be 405 tions requiring a setback from roads, prop- feet: the 300-foot basic setback plus 105 erty lines, dunes, and the like. information f eet. on local setback requirements can be 9 The permit applicant must sign an AEC obtained from the local building inspector. Hazard Notice as part of the CAMA permit 9 The project must comply with the local land application to acknowledge that he or she is use plan. aware of the risks associated with develop- Each of the coastal region's 20 counties and ment in the ocean hazard area and of the nearly all of its incorporated towns have area's limited suitability for permanent struc- adopted local land use plans under the tures. The hazard notice also states that the Coastal Area Management Act. A local applicant is aware that no permanent erosion land use plan contains the goals citizens protection structures, such as wooden bulk- have for their community, a set of policies 65 that the community will use to manage There are numerous sites along the coast development to reach these goals, and a which contain significant cultural reso u rces map classifying lands in the community that need to be protected. Historic archi- according to the types of development that tectural structures provide examples of should occur on them. The Act requires important architectural styles and/or a projects receiving CAMA permits to legacy of people who have played an comply with the local land use plan. If the important role in the coastal region's his- local land use plan does not allow a certain tory. Archaeological resources (such as type of development within the land classi- sites containing the remains of Indian set- fication where it is proposed, a CAMA tlements, shipwrecks, and Civil or Revolu- permit cannot be issued for that project. tionary War artifacts) provide valuable information on the history of the coastal � Mobile homes must not be placed within the region and its people. These resources high hazard flood area unless they are within need protection, not only for historical and mobile home parks that existed before June archaeological research, but also as lasting 1,1979. symbols of the coastal region's heritage. Mobile homes are generally less able to Information on the location of valuable withstand the flooding, wave wash, and architectural or archaeological sites can be high winds associated with hurricanes, obtained from the Division of Archives and northeasters, and other major storms that History in the Department of Cultural strike the North Carolina coast. Not only Resources. (See appendices for address are they more likely to sustain damage and phone number.) than are other types of construction, they are also more likely to cause damage to other buildings by floating or blowing into 0 in order to avoid excessive public expendi- them. tures for repairs, the construction or place- ment of a publicly funded facility (such as � Development must not unduly interfere with sewers, waterlines, roads, bridges, and ero- the access to or use of public resources. sion control works) will be permitted only if The public has a right to reach, use, and the following conditions are met: enjoy those resources that belong to all the 1. it exhibits an overriding public benefit people of the state (such as the state's or is of national or state interest; beaches and waters). Legal rights of access 2. it will not promote additional devel- or use cannot be blocked by proposed opment in ocean hazard AECs; development. 3. it will not damage natural buffers to erosion, wave wash, and flooding or � Development must not cause major or irre- otherwise increase existing hazards; versible damage to valuable, documented his- and toric architectural or archaeological 4. it is designed to avoid or withstand resources. damage from flooding and erosion. 66 EXCEPTIONS * the lowest habitable floor of the structure The following types of development may be covers no more than 1,000 square feet or 10 permitted between the oceanfront setback line percent of the lot area, whichever is and the vegetation line if they involve no alter- greater; and ation or removal of primary dunes, frontal 9 the project meets all other state and local dunes, and dune vegetation; if they have over- requirements. walks to protect existing dunes; and if they meet all other standards for ocean hazard if the development is to be serviced by an AECs: on-site waste disposal system, a copy of a valid � campgrounds that do not involve substan- permit for this system (from the local board of tial permanent structures; health or N.C. Department of Human Re- � parking areas with clay, packed sand, or sources) must be submitted with the CAMA similar surfaces; permit application. � outdoor tennis courts; � beach access structures; THESE EXCEPTIONS DO NOT APPLY TO � elevated decks not exceeding 500 square INLET HAZARD AREAS. feet of floor area; � uninhabitable storage sheds and unen- closed, uninhabitable gazebos with a floor area not exceeding 200 square feet; � temporary amusement stands; and � swimming pools. Where application of the oceanfront setback requirement would preclude the development of permanent structures on lots which existed as of June 1, 1979, single family homes may be permitted 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); OCEANFRONT CONSTRUCTION 100 YEAR Erosion is the rule rather than the exception FLOOD on North Carolina's barrier islands: over a LEVEL period of months or years, the beach and OCEAN dunes retreat further and further back until oceanfront buildings are threatened. Severe MEAN SEA LEVEL erosion can also occur overnight as a result of storm tides, waves, and wind. Figure 32. Houses must be elevated to or above the 100 Building a home or business along North year flood level. The DCM field consultant or local permit officer can provide these specifications. 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 environment that presents a variety of hazards to oceanfront development. 8" Northeasters, hurricanes, and other major #4 1*1 storms frequently strike the coast. Their heavy waves, erosion, flooding, and high winds can drastically change the shape of the beach, Figure 33. Minimum dimensions for threaten human lives, and cause millions of pilings allowable on oceanfront dollars of property damage in oceanfront construction. communities. Therefore, in order to avoid dis- aster while getting the most enjoyment from the beaches, development must recognize the oceanfront's hazards and be located and !CREST OF PRIMARY DUNE designed to accommodate them. To avoid unreasonable danger to life and property, new construction and substantial 8 BELOW _OCEAN.@ GRADE MEAN SEA LEVEL improvements to existing structures (an --I , increase of 50 percent or more in value or ?F 4'BELOW MEAN SEA LEVEL square footage) must meet specific standards Figure 34 Piling depth necessary for building on and in addition to the general use standards for behind a primary dune. ocean hazard AECs. These standards (which are officially stated in Title 15, Subchapter 7H, Sec- tion .0308(d) of the N.C. Administrative Code) are as follows. 68 � 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. 5, The local building inspector can explain 5' MAXIMUM what is required by the, State Building ;DEPTH Code. Appendix D presents "design wind NE, : CROSSWAY SHOULD NOT TOUCH DU speeds" and construction methods that J OR TO LEAST EXTENT POSSIBLE help guard a building against wind dam- Figure 35. Maximum piling depth for accessways. age during a storm. � All development must be designed and located to minimize damage due to wave NEW DUNE action and ground level fluctuations in a "100-year" storm. All foundations must be EXISTING DUNE designed to be stable in a 100-year storm. Cantilevered decks and walkways shall meet this standard or be designed to break away OCEAN without damaging the main building. -11-1-11V I � The bottom of the foundation (excluding pil- SIMILAR WIDTH ings and footings) must be elevated to or 4 above the 100-year flood level (see Figure 32). SIMILAR HEIGH � All structures shall be on pilings that are no less than eight inches in diameter (if round) VEGETATE AS QUICKLY AS POSSIBLE or eight inches to a side (if square) (see Fig- ure 33). Figure 36. Requirements for creating new dunes. � The tips of all pilings must penetrate to at '.M.M ':E@PTH ___jX _@@SIMILAR HEI@GHT least eight feet below the lowest ground ele- vation under the structure. For structures on or in front of the primary dune, the pilings must extend to four feet below mean sea level (see Figure 34). Driving pilings more deeply increases their 69 ability to withstand serious storm-induced pathway that keeps people from cutting trails erosion of the ground beneath the build- through dunes, and weakening the dunes'abil- ing. Once erosion totally exposes the pil- ity to buffer erosion and protect oceanfront ings, the building will collapse from the buildings. lack of support. To ensure that the dune system is not dam- � All pilings must be treated to resist decay, aged when building a structural accessway, insects, and corrosion. specific standards - in addition to the general use standards for ocean hazard AECs - must � All walls below the 100-year flood level must be met. These standards (which are officially be designed and built to meet ALL of the fol- stated in Title 15, Subchapter 7H, Section lowing conditions: .0308(c) of the N.C. Administrative Code) are 1. to allow storm waters to rise and flow described here. freely under the building; 2. to collapse under stress without jeop- 0 A structural accessway will be permitted ardizing the building's structural across a dune as long as it entails negligible support; alteration of the dune. No accessway shall 3. to not become waterborne debris diminish the dune's capacity as a barrier to themselves; and flooding and erosion. 4. to not cause waterborne debris to Primary and frontal dunes help protect accumulate. structures behind them from erosion, flooding, and storm waves. They also play � All exposed structural connections must be a vital role in maintaining the structure of adequately rustproofed or enclosed. North Carolina's barrier islands and beaches. The dense root networks of the � All utility systems (such as heating, air condi- vegetation that grows on dunes help trap. tioning, and electrical boxes) must be located and anchor the sand. The alteration of and built to avoid or reduce storm damage. frontal and primary dunes - and the vegetation on them - can disrupt natural � No impermeable surfaces (such as asphalt or beach renourishment patterns, destabilize concrete) shall be placed over any functional the entire barrier island system, and part of a complete septic tank system. increase the risk of damage to human structures from erosion, flooding, and STRUCTURAL ACCESSWAYS waves. People who own oceanfront property often * The accessway must be exclusively for pedes- build wooden walks from their house or busi- trian use. ness out to the beach. These "structural accessways" make it easier to get to and from e The accessway must be less than six feet the beach. They also provide a well-defined wide. 70 � The accessway must be raised on pilings tion, you must notify the local permit officer or embedded to a depth of five feet or less so the DCM field consultant about the dimen- that only the pilings touch the frontal dune. sions of the proposed accessway, its location, Where this is not possible, the accessway may and the landowner's name, address, and tele- touch the dune only to the extent necessary phone number. This exemption is officially (see Figure 35). stated in Title 15, Subchapter 7K, Section .0308 Elevating the accessway allows the dune to of the N.C. Administrative Code. adjust naturally to wind and wave forces and thus maintain the stability of the pro- OCEANFRONT EROSION PROTECTION tective dune system. MEASURES � An accessway larger than six feet wide and Erosion is a fact of life in North Carolina's used for anything other than pedestrians will oceanfront communities. It is a natural geo- be permitted only if it is elevated above the logic process; there is nothing that people can dune and serves a public need which cannot do to stop it. Although there are several ero- be met otherwise. This rule does not apply to sion responses which may be helpful for short public fishing piers as long as they meet all periods, eventually threatened structures will other standards. need to be moved to a safer location. in build- ing a structure, it should be placed as far back � Any vegetated areas that are disturbed in the from the beach as is possible. For existing construction and use of the accessway must buildings threatened by erosion, relocation to be revegetated as quickly as possible. safer sites or replenishing the beach's supply of The stems and roots of beach grasses and sand are the preferred responses. Attempts to other plants hold sand in place and thus permanently stabilize the shoreline, by such help stabilize the dune system. measures as bulkheads, seawalls, and sandbags, will cause the loss of the public beach and EXEMPTION increase erosion at adjacent properties by interrupting natural sand migration patterns. The Coastal Resources Commission does not require a minor development permit for non- To protect private property from erosion commercial, pedestrian accessways that do not while maintaining the public beach, ocean- exceed six feet in width. The accessway must front erosion protection measures must meet be built with no unnecessary alterations to the specific standards in addition to the general frontal dune. (Driving pilings into the dune is use standards for ocean hazard AECs. These not considered "alteration" in this case.) In no standards (which are officially stated in Title 15, case may the dune be altered to diminish its Subchapter 7H, Section .0308(a) of the N.C. capacity as a barrier against flooding and ero- Administrative Code) are explained below. sion. The accessway must conform to all appli- cable state and local building code standards. o Comprehensive shoreline management is Before beginning any work under this exemp- preferred over small-scale projects. 71 Erosion protection measures are more wildlife species unless adequate steps to pro- successful when they are coordinated and tect, restore, or replace that habitat are carried out over a larger stretch of shore- taken. line, rather than at scattered, individual sites. 0 Project construction must be timed to cause � Building relocation and beach renourishment the least possible damage to biological projects are preferred over other erosion processes. protection measures. Certain times of year and certain times of day are important and sensitive to the � All "structural" erosion protection projects breeding, spawning, nesting, and feeding must demonstrate sound engineering cycles of shorebirds, sea turtles, and other practices. important species that inhabit the beaches and dunes. Erosion protection projects � No permit for an erosion protection project must accommodate these cycles in order will be granted until notice has been given to to protect North Carolina's wildlife adjacent property owners and they have resources. signed a notice form, or until a reasonable effort has been made to notify them by regis- 0 Beach bulldozing (moving sand from any tered or certified mail. point seaward of the first line of stable vege- tation to create a protective dike or for any � When an existing oceanfront structure is other purpose) may be permitted if all the imminently threatened by erosion, a prop- following conditions are met: erty owner may obtain a permit to temporar- 1. beach material is removed no deeper ily protect the structure with low sandbag than one foot below the existing sur- bulkheads, artificial seaweed, or beach face elevation; nourishment. 2. the movement of material maintains a An "existing, threatened structure" is one slope that does not endanger the where erosion places the structure's foun- public or the public's use of the dation in imminent danger of flooding or beach; collapsing. A foundation is normally con- 3. the project does not go beyond the sidered endangered when it is less than 20 bounds of the applicant's property feet from the erosion scarp or the seaward without the permission of neighbor- toe of the dune. in general, structural ing property owners; accessways, pools, parking lots, tennis 4. the project does not increase erosion courts, and similar structures do not qual- on neighboring properties; ify as existing, threatened structures. 5. no material is removed from below the mean low water line; No shoreline erosion project may be built in 6. the project does not damage impor- an area that provides a habitat for important tant natural or cultural resources; and 72 7. the movement of material protects tion projects must be thoughtfully planned and the threatened structure's foundation carried out to avoid damaging the beach and or threatened on-site waste disposal dune system. systems. in order to obtain a CAMA permit, dune establishment and stabilization projects must EXEMPTION meet the specific standards in addition to the The Coastal Resources Commission does not general use standards for all development in require a minor development permit for beach ocean hazard AECs. These standards (which are bulldozing in emergency situations, as long as officially stated in Title 15, Subchapter 7H, Sec- all the conditions stated above are met. Indi- tion .0308(b) of the N.C. Administrative Code) viduals proposing other activities as emergency are listed below. maintenance and repairs must first consult with the local permit officer to determine-if the 0 No disturbance of dunes will be permitted action qualifies for exemption. "Emergency when alternative construction methods or maintenance and repairs" include any activity sites can be used for the project. that is a response to a sudden, unexpected event (such as a hurricane or other major e Existing primary and frontal dunes must not storm) which significantly endangers life or be broadened or extended toward the property. Property is considered endangered ocean, except for beach renourishment or when the structure's foundation is less than 20 emergency maintenance. feet from the toe of the erosion scarp. The exemption is limited to actions that prevent a No new dunes may be created in inlet hazard further danger or to restore the property to its areas. condition prior to the emergency; it does not cover additions or expansions to the property. e Any new dunes must be aligned with and of This exemption is officially stated in Title 15, the same general configuration as existing Subchapter 7K, Sections .1010(5) and .0305 of neighboring dune ridges (see Figure 36). the N.C. Administrative Code. 9 Sand needed to strengthen existing dunes, or to establish new dunes, must be brought in DUNE ESTABLISHMENT AND STABILIZATION from outside the ocean hazard area and must Sand dunes provide a natural buffer against be similar to the sand already on the the erosive forces of the wind, water, and property. waves. It is sometimes necessary to stabilize or Taking sand from one part of the ocean strengthen existing sand dunes, and even build hazard area to strengthen the dunes or new ones, as a defense against storm damage beach at another part of the AEC is the and to protect oceanfront buildings and roads. same as "robbing Peter to pay Paul" - it As with other types of development in ocean decreases the AEC's supply of sand that hazard AECs, dune establishment and stabiliza- helps buffer the forces of storms and ero- 73 sion. if the sand brought onto the project in order to obtain a CAMA permit, devel - site does not have a grain size and shape opment in inlet hazard areas must meet spe- similar to the sand that is already there, cific standards in addition to the general use then the new sand will not interlock with standards for all development in ocean hazard the existing sand to build stable dunes. AECs. These standards (which are officially stated in Title 15, Subchapter 7H, Section .0310 � If the work will help protect a proposed of the N.C. Administrative Code) are described structure, sand from any dune on the site below. other than the frontal and primary dunes may be moved to strengthen existing frontal 9 Only residential buildings of four units or and primary dunes. less, and non-residential structures of less than 5,000 square feet total floor area are � Sand must be added to dunes in a manner allowed within the inlet hazard area. causing the least possible damage to the existing vegetation. Any filled areas must be 0 All development must be set back from the immediately replanted or temporarily stabi- first line of stable natural vegetation a dis- lized until replanting is completed. tance equal to the setback required in the The stems and roots of beach grasses and neighboring ocean erodible area. other plants hold sand in place and thus help stabilize the dune system. On lots created or subdivided after July 23, 1981, permanent structures will be allowed at INLET HAZARD AREAS a density of no more than one unit per 15,000 square feet of land area. Of the three ocean hazard AECs, inlet Mud flats, salt marshes, and beach areas hazard areas pose the greatest dangers to life seaward of the vegetation line are not and property. North Carolina's numerous included in computing a lot's land area or ocean inlets are constantly migrating - some- density. times widening and sometimes filling in. They are famous for their unpredictability. New Traditional accessways to the beach that have inlets are created by major storms as inland been subject to longstanding, open, and con- floodwaters "blow out" a low or narrow sec- tinuous public use must not be eliminated or tion of a barrier island so they can drain into otherwise restricted. the ocean. As the "pressure valve" for storm floodwaters entering and leaving the state's Shoreline stabilization structures are allowed sounds and tidal rivers, inlets and the lands only as part of a publicly supported project. flanking them are subject to severe erosion, flooding, and wave wash during and after major storms. These hazards call for even stricter guidelines for development in inlet hazard areas to protect human lives and property. In carrying out its responsibilities under the lands. Toomers Creek is a tributary of the Cape Coastal Area Management Act, the Coastal Fear River and is used by the City of Wilming- Resources Commission has designated four ton as an auxiliary drinking water supply. categories of Areas of Environmental Concern (AECs): the estuarine system, the ocean hazard Public water supply well field AECs are areas system, public water supplies, and natural and of rapid draining sands that extend down from cultural resource areas. The public water the land surface into a shallow groundwater supply AECs protect surface water supply table which supplies the public with potable watersheds and public water supply well fields. water. These are designated as AECs by the These water supplies, if degraded, could Coastal Resources Commission based on threaten public health or require local com- information from the Department of Human munities to spend substantial amounts of Resources and the responsible local govern- money to develop alternative water sources. ment. To date, two well fields have been Uncontrolled development within these areas designated as AECs: one in Elizabeth City and could change runoff patterns or groundwater one at Cape Hatteras. The City of Elizabeth withdrawal rates, and reduce both the quantity City is supplied with raw water from a shallow and quality of the raw water supply. Uncon- well field in the southeastern section of the trolled development could also reduce water Dismal Swamp. The Cape Hatteras Water Asso- quality by introducing sediment from construc- ciation draws its raw water from a well field tion sites and a variety of pollutants (bacteria, located south of N.C. 12 on Hatteras Island heavy metals, gasoline, oil, etc.) from homes, between Frisco and Buxton. businesses, industries, parking lots, and roads. Since the lands in these surface watersheds Small surface water supply watershed AECs and well fields are almost entirely in public are drainage basins in the coastal area which ownership, there is rarely any development contain a water body used as a public water proposed within them. However, anyone who supply and classified as A-11 by the Environ- thinks their proposed development may be in mental Management Commission. The or near a public water supply AEC should con- watershed, or drainage area, of the A-11 water tact their local permit officer or one of the Divi- body is designated as an AEC by the Coastal sion of Coastal Management's field consul- Resources Commission based on information tants. The LPO and the field consultant have from the Department of Human Resources. To detailed maps showing the exact boundaries of date, two such watersheds have been desig- each AEC. They can also tell a permit applicant nated as AECs: the Fresh Pond at the Nags what standards the CRC has adopted for Head/Kill Devil Hills border and Toomers development in each public water supply AEC. Creek near Wilmington. The towns of Nags Head and Kill Devil Hills both have water treatment plants that draw raw water from the Fresh Pond; this freshwater lake is fed by groundwater and rainfall from surrounding SMALL SURFACE WATER SUPPLY WATERSHEDS Small surface water supply watershed AECs are drainage basins containing a water body classified as A-11 by the state's Environmental DRAIN FIh6"_, MINIMUM OF 100'FROM Management Commission. This means that the SEPTIC TANK CLASS A-11 WATERS 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 follow- Figure 37. Location of sewage disposal systems. ing standards (which are officially stated in Title 15, Subchapter 7H, Sections .0405 and .1001 of the N.C. Administrative Code) for development within the small watershed AECs. ONE SEPTIC SYSTEM 0 Ground absorption sewage disposal systems ALLOWED UP TO A FRESH I must be located at least 100 feet from A-11 NO 0 4 BEDROOM wa POND ters (see Figure 37). SEWERS, SEPTIC 1-0 RESIDENCE WITH SYSTEMS, OR I LOTS NO SMALLER I Septic tanks and drainfields can pollute POLLUTION/ THAN 40,000 1 public drinking water supplies unless they E@ SOURCES SQUARE FEET are located well away from the edge of the water. Waste effluent from the septic sys- Figure 38. Location of sewage disposal systems, or other tem can migrate through the soil and the sources of pollution, in the Nags Head/Kill Devil Hills water table, pollute a pond or stream, and Fresh Pond watershed. create a serious threat to public health. Land clearing, grading, surfacing, and other land-disturbing activities must meet the requirements of the N.C. Sedimentation Pol- lution 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 contamination not only presents a risk to public health, but also fills in the creek or reservoir and increases the cost of treat- D R A 71@ @@i L iE@ - W.3- ing the water to make it fit for drinking. 0 Development requiring a National Pollution Discharge Elimination System (NPDES) permit 76 must obtain the NPDES permit before a N.C. Administrative Code) for development CAMA permit will be granted. within the well field AECs. The NPDES permit is required for certain activities by the Clean Water Act to pro- 9 The project must not significantly limit the tect the quality of the nation's waters. quality of the water supply or the amount of Information on NPDES requirements can water recharging the well field. be obtained from the Division of Environ- mental Management in the Department of 0 The project must not use a septic tank system Natural Resources and Community Devel- or other ground absorption sewage disposal opment. (See appendices for address and system within the designated AEC phone number.) boundaries. In the Nags Head/Kill Devil Hills fresh Pond * The project must not inject pollutants below watershed no sewers, septic tank fields, or the ground surface within the designated other sources of pollution may be built AEC boundaries. within 500 feet of the pond's edge. Between 500 feet and 1,200 feet from the pond, septic 0 The project must not discharge toxic and/or systems are limited to one system serving a soluble materials that could contaminate the single-family residence having no more than water supply. four bedrooms (or an equivalent volume of sewage) on a lot no smaller than 40,000 * The project must not cause salt water intru- square feet (see Figure 38). sion into the public water supply. 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 public 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 officially stated in Title 15, Subchapter 7H, Sections .0406 and .1002 of the Natural and Cultural Res- ourc e- Areas of Environmental Conce" In carrying out its mandate under the Coast- educational values. Coastal complex natural al Area Management Act, the Coastal Re- areas function as key components of natural sources Commission has designated four cate- biological systems, as important scientific and gories of Areas of Environmental Concern educational sites, or as valuable scenic or cul- (AECs): the estuarine system, the ocean hazard tural resources. system, public water supplies, and natural and cultural resource areas. Coastal areas that sustain remnant species provide habitat for native plant or animal spe- Natural and cultural resource AIECs contain cies that are determined by the Wildlife environmental or cultural resources within the Resources Commission or the federal govern- 20-county coastal region that are important to ment to be rare, threatened, or endangered. the entire state because of their role in main- Such areas are necessary for the survival of taining the coastal ecosystem, their value for these species within the coastal region and for scientific research and education, their histori- maintaining the natural diversity that stabilizes cal significance, and/or their aesthetic value. the coastal ecosystem. They also constitute a Uncontrolled development in these areas valuable educational and scientiiic resource could lead to significant or irreversible damage that cannot be duplicated or replaced. to important natural systems, important cultu- ral resources, and their historical, scientific, Unique coastal geologic formations are areas educational, and aesthetic values. identified by the state geologist as containing especially notable examples of geologic forma- The natural and cultural resource AECs tions or processes found in the coastal area. include complex natural areas, areas that sus- Such formations are important educational, tain remnant species, unique geologic forma- scientific, and scenic resources. tions, significant archaeological sites, and sig- nificant historic architectural structures. Significant coastal archaeological resources and significant coastal historic architectural Coastal complex natural areas are lands that resources contain objects, features, buildings, support native plant and animal communities and/or sites that: and provide habitats which have remained * yield information important to the state's essentially unchanged by human activity. These or the coastal region's history or areas, often representing pre-settlement condi- prehistory; tions, can provide an historical perspective to e are associated with events that have con- changing natural habitats in the coastal region tributed to the broad patterns of history; and constitute an important and irreplaceable 0 are associated with the lives of historically scientific and educational resource. Such areas important persons; or may have been altered in the past and/or be e embody the distinctive characteristics of a subject to limited future modification if the type, period, or method of construction. modification benefits the habitat present or enhances the areas's biological, scientific, or 78 These provide unmatched and irreplaceable Within 60 days after receiving the nomina- scientific, educational, and aesthetic values tion, the Division of Coastal Management will that commemorate the coastal region's heri- conduct a preliminary evaluation of the site to tage. To date, one such area has been desig- see if it merits special protection as an AEC. nated by the CRC. Permucla island, located in The office will inform the landowner, local Onslow County, has been protected for its government, and members of the Coastal outstanding archaeological resources. Resources Commission and Coastal Resources The standards for development in any indi- Advisory Council of the proposed nomination. it will also examine various ways of protecting vidual area designated as a natural or cultural the site to see if designation as an AEC would resource AEC will be tailored to fit the man- be the most appropriate. agement and resource protection needs of that particular area. The management plan for Per- A report on the preliminary evaluation is muda Island is available from the Division of then presented to the CRC at its next meeting Coastal Management. so that the commission may determine DESIGNATION AND NOMINATION whether to endorse the evaluation and pro- ceed with a more detailed analysis of the site. PROCEDURES All parties involved in the nomination and pre- The CAMA regulations establish a detailed liminary evaluation will be notified in writing nomination procedure under which potential of the CRC's decision to proceed or not to sites are brought to the CRC for consideration proceed with a detailed analysis. For sites that as AECs. These nomination procedures are do not receive endorsement by the CRC, the officially stated in Title 15, Subchapter 7H, Sec- Division of Coastal Management may discuss tion .0503 of the N.C. Administrative Code. The other forms of protection with the landowner. nomination and designation procedure requires a detailed review of the proposal by Within 90 days after endorsement by the the Division of Coastal Management, consulta- CRC, the Division of Coastal Management will tion with the affected landowner and local conduct a detailed review of the proposed site. governments, and a public hearing. This will include developing a management plan or specific use standards for the site (with The nomination and designation of natural advice from interest groups, local government and cultural resource AECs is a process unique officials, and persons with scientific expertise) to this category of AECs. An area may be nom- to outline strategies to safeguard the site's bio- inated for the CRC's consideration at any time logical, scientific, educational, and aesthetic by any person or group. The nomination is values. made on a standard form provided by the Divi- sion of Coastal Management. It must include If, after receiving a report of the detailed information regarding the location, size, review, the CRC decides to consider formally ownership, importance, and uniqueness of the designating the site as a natural and cultural proposed site. resource AEC, a public hearing will be sched- 79 uled within 30 days after the CRC's decision. At this hearing, the CRC will present the scientific documentation and general statements sup- porting the designation and hear public com- ments on the AEC proposal. The owner of the site has 10 days after the public hearing to submit statements concerning 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 environmental concern. If the site is designated as an AEC, the CRC will adopt a management plan or use standards applying to the site. JIL4, Tax Credit f 6 rLand Donations State law now allows individuals and corpo- For example, if someone owned an ocean- rations who donate land for conservation pur- front lot that was too small to build on but poses to receive a state income tax credit. Prior which could be useful for beach access, it to 1983 a tax deduction could be taken for could be donated to the state and the new tax these gifts, but after 1983 a tax credit as well as credit claimed. If the lot was appraised to have a deduction can be taken. a fair market value of $20,000, the tax credit would be $5,000 (25 percent of $20,000). So the To receive the credit, the taxpayer must amount of state income tax owed would be donate an interest in land (full title or an reduced by $5,000. Also, that portion of the gift easement usually) to the state, a local govern- not used as a credit, $15,000 ($20,000 less the ment, or a non-profit group engaged in land $5,000 credit), can still be taken as a tax deduc- conservation (such as The Nature Conservancy tion. if the taxpayer is in the seven percent tax or a local land trust). The land must be useful bracket, this deduction would be worth $1,050. for a land conservation purpose, such as beach So the total tax benefit to the taxpayer result- access or wildlife conservation. The amount of ing from the gift of the lot to the state would the credit is set at 25 percent of the fair market be $6,050. 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. .011b 7 Coastal Management Field Consultants CENTRAL SECTION > Gates Division of Coastal Management N.C. Department of Natural Resources and Hartford 111@@ V Community Development @C' [email protected] 'C @Jlty P.O. Box 769 Bettie Morehead City, N.C. 28557 919/726-7021 Washinaton,) Tyrrell Dare NORTHERN SECTION Washington aufort LJ Division of Coastal Management Hyde N.C. Department of Natural Resources and Community Development 1502 N. Market Street Craven P.O. Box 1507 'Pamlico "I Washington, N.C. 27889 919/946-6481 onslow NORTHEASTERN SECTION More ead Division of Coastal Management Ponder \1 City N.C. Department of Natural Resources and Community Development Wilmington 108 S. Water Street nover Elizabeth City, N.C. 27909 Brunswick 919/338-1558 RALEIGH CENTRAL OFFICE Division of Coastal Management N.C. Department of Natural Resources and Community Development Address all correspondence to DCM Field P.O. Box 27687 Consultants. Raleigh, N.C. 27611-7687 919/733-2293 SOUTHERN SECTION Division of Coastal Management N.C. Department of Natural Resources and Community Development 7225 Wrightsville Avenue Wilmington, N.C. 28401 919/256-4161 officers Address all correspondence to CAMA Officer. Town of Holden Beach 110 Rothschild Street BEAUFORT COUNTY Holden Beach, N.C. 28462 County of Beaufort 919/842-6488 P.O. Box 1027 Town of Long Beach Washington, N.C. 27889 P.O. Box 217 919/946-7182 Long Beach, N.C. 28461 Town of Bath 919/278-5011 Route 1 Box 458 Town of Ocean Isle Beach Bath, N.C. 27808 Ocean Isle Beach Town Hall 919/923-5941 (after 5 p.m.) P.O. Box 0-8 Town of Belhaven Ocean Isle Beach, N.C. 28450 P.O. Box 220 919/549-2166 Belhaven, N.C. 27810 Town of Southport 919/943-3105 201 W. Moore Street City of Washington Southport, N.C. 28461 P.O. Box 1988 919/457-6911 Washington, N.C. 27889 Town of Sunset Beach 919/946-1033 Box 221 Sunset Beach, N.C. 28459 BERTIE COUNTY 919/579-6297 County of Bertie Town of Yaupon Beach P.O. Box 530 518 Yaupon Drive Windsor, N.C. 27983 Yaupon Beach, N.C. 28461 919/794-4031 919/278-5024 BRUNSWICK COUNTY CAMDEN COUNTY County of Brunswick County of Camden P.O. Box 249 P.O. Box 265 Bolivia, N.C. 28422 South Mills, N.C. 27921 919/253-4361 919/771-2672 Town of Caswell Beach c/o Seaside Realty CARTERET COUNTY 5200 East Oak Island Drive County of Carteret Long Beach, N.C. 28461 P.O. Drawer 630 919/278-5805 Beaufort, N.C. 28516 919/728-8499 Town of Atlantic Beach CURRITUCK COUNTY P.O. Box 10 County of Currituck Atlantic Beach, N.C. 28512 P.O. Box 70 919/726-2121 Currituck, N.C. 27929 Town of Emerald Isle 919/232-3378 Emerald Isle Town Hall Route 1 DARE COUNTY Morehead City, N.C. 28557 County of Dare 919/354-3424 Dare County Administration Building City of Morehead City P.O. Box 1000 P.O. Drawer M Manteo, N.C. 27954 Morehead City, N.C. 28557 919/473-2143 919/726-5243 Town of Kill Devil Hills Town of Pine Knoll Shores P.O. Box 719 P.O. Box 757 Kill Devil Hills, N.C. 27948 Atlantic Beach, N.C. 28512 919/441-7236 919/247-4353 Town of Kitty Hawk P.O. Box 549 CHOWAN COUNTY Kitty Hawk, N.C. 27949 (Minor permits administered by the Town 919/261-3552 of Edenton) Town of Nags Head Town of Edenton/Chowan County P.O. Box 99 P.O. Box 300 Nags Head, N.C. 27959 Edenton, N.C. 27932 919/441-5508 919/482-2155 Town of Southern Shores P.O. Box 272 CRAVEN COUNTY Kitty Hawk, N.C. 27949 County of Craven 919/261-2394 P.O. Drawer R New Bern, N.C. 28560 GATES COUNTY 919/638-5120 or 638-6010 (Minor permits written by the Secretary of City of New Bern the Department of Natural Resources and P.O. Box 1129 Community Development. Contact the New Bern, N.C. 28560 DCM field consultant for the Northern 919/633-5161 Ext. 273 Section.) U I -- LIP HERTFORD COUNTY City of Jacksonville County of Hertford P.O. Box 128 Building Inspector's Office Jacksonville, N.C. 28540 P.O. Box 424 919/455-2600 Winton, N.C. 27986 Town of Swansboro 919/358-1611 P.O. Box 794 Swansboro, N.C. 28584 HYDE COUNTY 919/326-4428 County of Hyde P.O. Box 188 PAMLICO COUNTY Swan Quarter, N.C. 27885 County of Pamlico 919/926-5711 P.O. Box 186 Bayboro, N.C. 28515 NEW HANOVER COUNTY 919/745-3861 County of New Hanover 414 Chestnut Street PASQUOTANK COUNTY Room 601 Engineering Department County of Pasquotank Wilmington, N.C. 28401 P.O. Box 56 919/341-7139 Elizabeth City, N.C. 27909 Town of Carolina Beach 919/338-1144 P.O. Drawer V City of Elizabeth City Carolina Beach, N.C. 28428 P.O. Box 347 919/458-9451 Elizabeth City, N.C. 27909 Town of Kure Beach 919/338-3981 P.O. Box 3 Kure Beach, N.C. 28449 PENDER COUNTY 919/458-8216 County of Pender Town of Wrightsville Beach P.O. Box 832 P.O. Box 626 Burgaw, N.C. 28425 Wrightsville Beach, N.C. 28480 919/259-5461 919/256-4148 Town of Surf City P.O. Box 475 ONSLOW COUNTY Surf City, N.C. 28445 County of Onslow 919/328-4131 39 Tallman Street Town of Topsail Beach Jacksonville, N.C. 28540 P.O. PO Box 89 919/455-3661 Topsail Beach, N.C. 28445 919/328-5841 PERQUIMANS COUNTY County of Perquirnans P.O. Box 7 Hertford, N.C. 27944 919/426-7010 TYRRELL COUNTY (Minor permits written by Washington County Local Permit Officer.) WASHINGTON COUNTY County of Washington Washington County Courthouse P.O. Box 1007 Plymouth, N.C. 27962 919/793-4114 Related Government Agencies FEDERAL N.C. Department of Cultural Resources National Marine Fisheries Service Arch ives-Library Building Environmental Assessment Branch 109 E. Jones Street Pivers Island Raleigh, N.C. 27601 Beaufort, N.C. 28516 919/733-4867 919/728-4595 Division of Archives Office of ocean and Coastal Resource and History ............. 919/733-7305 Management N.C. Department of Human Resources National Oceanic and Atmospheric Albemarle Building Administration 325 N. Salisbury Street U.S. Department of Commerce Raleigh, N.C. 27611 3300 Whitehaven Street, N.W. 919/733-4534 Washington, D.C. 20235 Division of Health Services 202/634-4232 (director's office) Environmental Health U.S. Army Corps of Engineers Section ............... 919/733-2870 Wilmington District Shellfish Sanitation P.O. Box 1890 Unit ................. 919/726-7021 Wilmington, N.C. 28402-1890 (P.O. Box 769, Morehead City, N.C. 919/343-4745 (environmental assessment) 28557) 919/343-4629 (regulatory functions) N.C. Department of Natural Resources and U.S. Environmental Protection Agency Community Development Region IV Archdale Building 345 Courtland Street 512 N. Salisbury Street Atlanta, Ga. 30365 Raleigh, N.C. 27611-7687 404/881-4727 (ecological review branch) 919/733-4984 U.S. Fish and Wildlife Service Division of Community Division of Ecological Services Assistance .............. 919/733-2850 310 New Bern Avenue, Room 466 Division of Environmental Management Raleigh, N.C. 27601 Water Quality Section ... 919/733-5083 919/755-4520 Division of Land Resources .............. 919/733-3833 STATE Division of Marine N.C. Department of Administration Fisheries ............... 919/726-7021 Administration Building (P.O. Box 769, Morehead City, NC 116 W. Jones Street 28557) Raleigh, N.C. 27611 Division of Water 919/733-7232 Resources .............. 919/733-4064 Wildlife Resources Office of State Property .... 919/733-4346 Commission ............ 919/733-3391 I N.C. Department of Transportation Highway Building 1 S. Wilmington Street Raleigh, N.C. 27601 1 919/733-2520 Environmental Planning I Unit ................... 919/733-7842 1 1 1 I I I I I M No 90 A Handbook for Development in North Carolina's Coastal Area is published by the North Carolina Department of Natural Resources and Community Development, 512 N. Salisbury Street, Raleigh, N.C. 27611-7687. 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 Manage- ment, National Oceanic and Atmospheric Administration, Washington, D.C. Prepared by the staff of the Division of Coastal Management. Design and illustration by Jill Miller, Division of Coastal Management. Five-hundred copies of this public clocumentwere printed at a cost of $1,720.00or $3.44 per copy. J 4% DATE DUE GAYLORDINo. 2333 PRINTED IN U S A lll@ 1111 IN Mill 3 6668 14106 3422