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State of north arolina Program and. I~el16na Oeanic and.Aimosq'herk. Adm xst a~e af Coa,-tat Zczne Manaemerit *~~~~~~~~~~~~~~ApEIDIE, STATE OF NORTH CAROLINA COASTAL MANAGEMENT PROGRAM AND DRAFT ENVIRONMENTAL IMPACT STATEMENT U. S. DEPARTMENT OF COMMERCE NOAA COASTAL SERVIUC'L dN'|F 2234 SOUIH HA'r' : r Ir_ CHARLESTON , b' - APPENDICES Prepared by: Office of Coastal Zone Management National Oceanic and Atmospheric Administration Department of Commerce 3300 Whitehaven Street, NW Washington, D.C. 20235 and Office of Coastal Management North Carolina Department of Natural Resources and Community Development Archdale State Office Building Raleigh, North Carolina -k' at b l~~~~~~~~IABLE OF CONTENTS -APPENDIX A ........................... Coastal Area Management Act, As Amended. .......2 APPENDIX B ....................... State Guidelines for Local Planning. .........31 State Guidelines for Areas of Environmental Concern 87 Coastal County AEC Maps (Supplementary Attachment) ... APPENDIX C ........................... Other Legal Authorities .. ..............128 Description of Authorities and the Organization of the Authorities. ........129 Standards by Which Projects or Actions are Evaluated Under Each Authority. .......165 APPENDIX D ........................... Intergovernmental Involvemen t/Federal Consultation/Public Participation. ..........226 Comments Received on the Final Draft of the North Carolina Coastal Plan. .............353 Local Permit Officer's Training Course Agenda. ....498 APPENDIX E ........................... Excluded Federal Lands. ...............502 APPENDIX F ........................... Criteria for Local Implementation and Enforcement Plans......................... 5 11 Major Development Permitting Program. ........529 Activities in AECs Which Do Not Require a Permit . 563 A APPENDIX A S ! ARTICL.E 7. C(oastal Area Managerment. Part I. Organization and Goals. � 113A-100. Short title. - This Article shall be known as the Coastal Area Management Act of 1974. (1973, c. 1284, s. 1.) Edi(or's Note. - Session Law4 197:1. e 12s4. Laws 1973, c. 1284, a. 3, so as to change the s. 3, prtoldes: "This act shall become eff.ctlie expiration date of the 1973 act from June 30, July 1. 1974. except that the provisllul of thi 1981, to June 30, 1983. act relating to the .selection of thr inati (Commis- The basic thrust of this Article is directed sionshalll beormelffectve upon ra;tificati,l. ndl toward protecting areas of environmental the entire act shall expire on June 30. 191 " I'llThe concern by requiring permits for development in act was ratified April 12, 1974 those areas. Rankin v. Coleman, 894 F. Supp. 847 Session laws 1975, c. 462, a. 5, amends Session (E.D.N.C. 1975). � 113A-101. Cooperative State-local program. - This Article establishes a cooperative program of coastal area management between local and State governments. Local government shall have the initiative for planning. State government shall establish areas of environmental concern. With regard to planning, State government shall act primarily in a supportive standard-setting and review capacity, except where local governments do not elect to exercise their initiative. Enforcement shall be a concurrent State-local responsibility. (1973, c. 1284, s. 1.) � 113A-102. Legislative findings and goals. - (a) Findings. - It is hereby determined and declared as a matter of legislative finding that among North Carolina's most valuable resources are its coastal lands and waters. The coastal area, and in particular the estuaries, are among the most biologically productive _t)4'tLOIC)+AAQ~~~ A"b.~iiLb ii ", Ia~ � 113A-102 � 113A-102 regions of this State and of the nation. Coastal and estuarine waters and marshlands provide almost ninety percent (90'/) of the most productive sport fisheries on the east coast of the United States. North Carolina's coastal area has an extremely high recreational and esthetic value which should be preserved and enhanced. In recent years the coastal area has been subjected to increasing pressures which are the result of the often-conflicting needs of a society expanding in industrial development, in population, and in the recreational aspirations ofits citizens. Unless these pressures are controlled by coordinated management, the very features of the coast which make it economically, esthetically, and ecologically rich will be destroyed. The General Assembly therefore finds that an immediate and pressing need exists to establish a comprehensive plan for the protection, preservation, orderly development, and management of the coastal area of North Carolina. In the imlplementation of the coastal area managenment plan, the public's opportunity to enjoy the physical, esthetic, cultural, and recreational qualities of the natural shorelines of the State shall he preserved to the greatest extent feasible; water resources shall be managed in order to preserve and enhance water quality and to provide optimum utilization of water resources; land resources shall be managed in order to guide growth and development and to minimize damage to the natural environment; anl private property rights shall be preserved in accord with the Constitution of this State and of the United States. (b) Goals. - The goals of the coastal area management system tu be created pursuant to this Article are as follows: (1) To provide a management system capable of preserving and managing the natural ecological conditions of the estuarine system, the barrier dune system, and the beaches, so as to safeguard and perpetuate their natural productivity and their biological, economic and esthetic values; (2) To insure that the development or preservation of the land and water resources of the coastal area proceeds in a manner consistent with the capability of the land and water for development, use, or preservation based on ecological considerations; (3) To insure the orderlyv and balanced use and preservation of our coastal resources on behalf of the people of North Carolina and the nation; (4) To establish policies, guidelines and standards for: a. Protection, preservation, and conservation of natural resources including but not limited to water use, scenic vistas, and fish and wildlife; and management of transitional or intensely developed areas and areas especially suited to intensive use or development, as well as areas,of significant natural value; b. The economic development of the coastal area, including but not limited to construction, location and design of industries, port facilities, commercial establishments and other developments; c. Recreation and tourist facilities and parklands; d. Transportation and circulation patterns for the coastal area including major thoroughfares, transportation routes, navigation channels and harbors, and other public utilities and facilities; e. Preservation and enhancement of the historic, cultural, and scientific aspects of the coastal area; f. Protection of present common-law and statutory public rights in the lands and waters of the coastal area; - i -- . - - - , -.- - ' ; S . . . . � 113A-103 - "� 113A-103 g. Any other purposes deemed necessary or appropriate to effectuate the policy of this Article. (1973, c. 1284, s. 1.) � 113A-103. Definitions. - As used in this Article: (1) "Advisory Council" means the Coastal Resources Advisory Council created by G.S. 113A-105. (2) "Coastal area" means the counties that (in whole or in part) are adjacent to, adjoining, intersected by or bounded by the Atlantic Ocean (extending offshore- to the limits of State jurisdiction, as may be identified by rule of the Commission for purposes of this Article, but in no event less than three geographical miles offshore) or any coastal sound. The Governor, in accordance with the standards set forth in this subdivision and in subdivision (3) of this section, shall designate the counties that constitute the "coastal area," as defined by this section, and his designation shall-be final and conclusive. On or before May 1, 1974, the Governor shall file copies of a list of said coastal-area counties with the chairmen of the boards of commissioners of each county in the coastal area, with the mayors of each incorporated city within the coastal area (as so defined) having a population of 2,000 or more and of each incorporated city having a population of less than 2.000 whose corporate boundl:lries are contiguous with the Atlantic Ocean, and with the Secretary of State. The said coastal-area counties and cities shall thereafter transmit nominations to the Governor of members of the Coastal Resources Commission as p)rovided in G.S. 113A-104(d). (3) "Coastal sound" means Albemarle, Bogue, Core, Croatan. Currituck, Pamlico and Roanoke Sounds. For purposes of this Article, the inland limits of a sound on a tributary river shall be defined as the limits of seawater encroachment on said tributLrv river under normal conditions. "Normal conditions" shall be understood to include regularly occurring conditions of low stream flow and high tide, but shall not include unusual conditions such as those associated with hurricane and other storm tides. Unless otherwise determined by the Commission, the limits of seawater encroachment shall be considered to be the confluence of a sound's tributary river with the river or creek entering it nearest to the farthest inland movement of oceanic salt water under normal conditions. For purposes of this Article, the aforementioned points of confluence with tributary rivers shall include the following: a. On the Chowan River, its'confluence with the Meherrin River; b. On the Roanoke River, its confluence with the northeast branch of the Cashie River; c. On the Tar River, its confluence with Tranters Creek; d. On the Neuse River, its confluence with Swift Creek; e. On the Trent River, its confluence with Ready Branch. Provided, however, that no county shall be considered to be within the coastal area which: (i) is adjacent to, adjoining or bounded by any of the above points of confluence and lies entirely west of said point of confluence; or (ii) is not bounded by the Atlantic Ocean and lies entirely west of the westernmost of the above points of confluence. (4) "Commission" means the Coastal Resources Commission created by .G.S. 113A-104. (5) a. "Development" means any activity in a duly designated area of environmental concern (except as provided in paragraph b of this Ie � 113A-103 � 113A-103 subdivision) involving, requiring, or consisting of the construc- tion or enlargement of a structure; excavation; dredging; filling; dumping; removal of clay, silt, sand, gravel or minerals; bulkhead- ing, driving of pilings; clearing or alteration of land as an adjunct of construction; alteration or removal of sand dunes: alteration of the shore, bank, or bottom of the Atlantic Ocean or any sound, bay, river, creek, stream, lake, or canal. b. The following activities including the normal and incidental operations associated therewith shall not be deemed to be development under this section: 1. Work by a highway or road agency for the maintenance of an existing road, if the work is carried out on land within the boundaries of the existing right-of-way; 2. Work by any railroad company or by any utility and other persons engaged in the distribution and transmission of petroleum products, water, telephone or telegraph messages, or electricity for the purpose of inspecting, repairing, maintaining, or upgrading any existing substations, sewers, mains, pipes, cables, utility tunnels, lines, towers, poles, tracks, and the like on any of its existing railroad or utility property or rights-of-way, or the extension of any of the above distribution-related facilities to serve development approved pursuant to G.S. 1i1A-121 or 113A-122; 3. Work by any utility and other persons for the purnose of construction of facilities for the development, generation, and transmission of energy to the extent that such activities are regulated by other law or by present or future rules of the State Utilities Commission reiflating the siting of such facilities (including environmental aspects of such siting), and work on facilities used directly in connection with the above facilities; 4. The use of any land for the purpose of planting, growing, or harvesting plants, croos, trees, or other agricultural or forestry products, including normal private roadconstruction, raising livestock or poultry, or for other agricultural purposes except where excavation or filling affecting estuarine waters (as defined in G.S. 113-229) or navigable waters is involved; 5. Emergency maintenance or repairs; 6. The construction of any accessory building customarily incident to an existing structure if the work does not involve filling, excavation, or the alteration of any sand dune or beach; 7. Completion of any development, not otherwise in violation of law, for which a valid building or zoning permit was issued prior to ratification of this Article and which development was initiated prior to the ratification of this Article; S. Completion of installation of an' utilities or roads or related facilities not otherwise in violation of law. within a subdivision that was duly approved and recorded prior to the ratification of this Article and which installatiion was initiated prior to the ratification of this Article; 9. Construction or installation of any development, not otherwise in violation of law, for which an application for a building or zoning permit was pending prior to the ratification of this � 113A-103 5 113A-103 Article antd for which a loan commitment (evidenced by a notarized documnent signed by both parties) had- been made prior to the ratification of this Article; provided, said building or zoning application is granted by July 1, 1974; 10. It is the intention of the General Assembly that if the provisions of any of the foregoing subparagraphs 1 to 10 of this paragraph are held invalid as a grant of an exclusive or separate emolument or privilege or as a denial of the equal protettion of the laws,. within tile meaning of Article I. Sees. 19 and 32 of the North Carolina Constitution, the remainder of this Article shall be given effect without the invalid provision or provisions. c. The Commission shall define by rule (and mav revise from time to tirnme) certain classes of minor mnuntenance and improvemien ts which shall be exempted from the permit requirements of this Artiele, in addition to the exclusions set forth in paragraph b of this subdivision. In developing such rules the Commission shall consider, with regard to the class or classes of units to be exemptedl: I. The size of the improvement or scope of the maintenance work; 2. The location of the improvement or work in proximity to dunes, waters, marshlands, areas of high seismic activity, areas of unstable soils or geologic formatlons, and areas enumerated in (;.S. 113A-113(b)(:); and 3. Whether or nor druidging or filling is involved in the maintenance or improvement. (6) "Kev facilities" include the site location and the location of major improvement and major access features of kev facilities, and mean: a. Public facilities, as determined bv the Commission, on nonfederal lands which tend to induce development and urbanization of more than local impact, including but not limited to: 1. Any major airport designed to serve as a terminal for regularly scheduled air passenger service or one of State concern; 2. Major interchanges between the interstate highway system and front:,ge-access streets or highways; major interchanges between other limited-access highways and frontage-access stretts or highways; 3. Major frontage-access streets and highways, both of State concern; anT 4. Major recreational lands and facilities; b. Major facilities on nonfederal lands for the development, generation, and transmission of energy. (7) "Lead regional organizations' mean the regional planning agencies created vy ani( representative of the local governments of a multi- county re.gion, and designated as lead regional organizations by the Governor (8) "Local government" means the governing body of any county or city which contains within its boundaries any lands or waters subject to this Article. (9) "Person" means any individual, citizen, partnership, corporation, association, organization, business trust, estate, trust, public or municipal corporation, or agency of the State or local government unit, or any other legal entity however designated. � 113A-104 � 113A-104 (10) "Rule" means any policy, regulation or requirement of general application adopted pursuant to this .Artici. (1973, c. 12X84. s. 1.) � 113A-104. Coastal Resources Commission. -- (a) The General Assembly hereby establishes within the Department of Natural and Economic Resources a commission to be designated the Coastal Resources Commission. (b) Composition. - The Coastal Resources Commission shall consst of 15 members appointed by the Governor, as follows: (1) One who shall at the time of appointment he actively connected with or have experience in commercial fishing. (2) One who shall at the time of appointment he actively connected with or have experience in-wildlife or sports fishing. (3) One who shall at the time of appointment he actively connected with or have experience in marine ecology. (4) One who shall at the time ,of app(ointmlrnt lbe activelv connectdl with or have experience in coastal agriculture. (5) One who shall at the time of appointment be actively connettedl with or have experience in coastal forestry. (6) One who shall at the time of appointment be actively connected with or have experience in coastal land de-eloptnent. (7) One who shall at the time of appointment be atctively conntelted with or have experience in marine-related bsllness (other than fishing andl wildlife). (8) One who shall at the time of :appointment be actively connected with or have experience in engineering in the coastal area. (9) One who shall at the time of appointment be actively associated with a State or national conservation organizatlon. (10) One who shall at the time of appointmlnt. he actively connected with or have experience in financing of coastal land devefopment. (11) Two who shall at the time of appointment be actively connected with or have experience in local government within the coastal area. (12) Three at-large members. (c) The Governor shall appoint in his sole discretion those members of the Commission whose qualifications are described in subdivisions (6) and (10), and one of the three members described in subdivision (12) of subsection (b) of this section. The remaining members of the Commission shall be appointed by the Governor after completion of the nominating procedures prescribed by subsection (d) of this section. (d) On or before Mlay 1 in every even-numbered year the Governor shall designate and transmit to the board of commissioners in each county in the coastal area four nominating categories applicable to that county for that year. Said nominating categories shall be selected by the Governor from among the categories represented, respectively by subdivisions (1), (2), (3), (4), (5), (7), (8), 9), (11) - two persons, and (12) - two persons, of subsection (b) of this section (or so many of the above-listed paragraphs as may correspond to vacancies by expiration of term that are subject to being filled in that year). On or before June 1 in every even-numbered year the board of commissioners of each county in the coastal area shall nominate (and transmit to the Governor the names of) one qualified person in each of the four nominating categories that was designated by the Governor for that county for that year. In designating nominating categories from biennium to biennium, the Go;vernor shall equitably rotate said categories among the several counties of the coastal area as in his judgment he deems best; and he shall assign, as near as may be, an even numbter of nominees � 113A-104 � 113A-104 to each nominating category and shall assign in his best judgment any excess above such even numil er of nominees. On or before June 1 -in every- even-numbered year the governing body of each incorporated city within the coastal areatavlna a po ulation of 2,000 or more, and of each incorporated city having a population of less than 2,000 whose corporate boundaries are contiguous with the Atlantic Ocean, shall nominate (and transmit to the Governor the name of) one person a a nominee to the Commission. The Governor shall appoint 12 persons from among said city and county nominees to the Commission. The several boardsof county commissioners and city governing bodies shall transmit the names, addresses, and a brief summary of the qualifications of their nominees to the Governor on or before June 1 in each even-numbered year, beginning in 1974; provided, that the Governor, by registered or certified mail, shall notify the chairmen or the mayors of the said local governing boards by May 20 in each such even-numbered year of the duties of local governing boards under this sentence. If any board of commis- sioners or city governing body fails to transmit its list of nominations to the Governor by June 1, the Governor may add to the nominations a list of qualified nominees in lieu of those that were not transmitted by the board of commissioners or city governing body. Within the meaning of this section, the "governing body" is the mayor and council of a city as defined in G.S. 160A- 66. The population of cities shall be determined according to the most recent annual estimates of population as certified to the Secretary of Revenue by the Secretary of Administration. (e) All nominees of the several boards of county commissioners and city governing bodies must reside within the coastal area, but need not reside in the county from which they were nominated. No more than one of those members appointed by the Governor from among said nominees may reside in a particular county. No more than two members of the entire Commission, at any time, may reside in a particular county. No more than two members of the entire Commission, at any time, may reside outside the coastal area. (f) Membership on the Coastal Resources Commission is hereby declared to be an office that may be held concurrently with other elective or ap ointive offices in addition to the maximum number of offices permitted to be held by one person under G.S. 128-1.1. (g) The members shall serve staggered terms of office of four years. At the expiration of each member's term, the Governor shall reappoint or replace the member with a new member of like qualification (as specified in subsection (b) of this section), in the manner provided by subsections (c) and (d) of this section. The initial term shall be determined by the Governor in accordance with customary practice but.eight of the initial members shall be appointed for two years and seven for four years. (h) In the event of a vacancy arising otherwise than by expiration of term, the Governor shall appoint a successor of like qualification (as specified in subsection (b) of this section) who shall then serve the remainder of his predecessor's term. When any such vacancy arises, the Governor shall immediately notify the board of commissioners of each county in the coastal area and the governing body of each incorporated city within the coastal area having a population of 2,000 or more and of each incorporated city having a population of less than 2,000 whose corporate boundaries are contiguous with the Atlantic Ocean. Within 30 days after receipt of such notification each such county board and city governing body shall nominate and transmit to the Governor the name and address of one person who is qualified in the category represented by the position to be filled, together with a brief summary of the qualifications of the � 113A-105 � 113A-105 nominee. The Governor shall make the appointment from among said city and county nominees. If any county board or city governing body fails to make a timely transmittal of its nominee, the Governor may add to the nominations a qualified person in lieu of said nominee. (i) The chairman shall be designated by the Governor from among the members of the Commission to serve as chairman at the pleasure of the Governor. The vice-chairman shall be elected by and from the members of the Commission and shall serve for a term of two years or until the expiration of his regularly appointed term. (j) Compensation. - The members of the Comnmission shall receive per diem and necessary travel and subsistence expenses in accordance with the provisions of G.S. 138-5. (1973, c. 1284, s. 1., Crosq Reference. - As to the efftctivtv iate 'wlectiuonl o hc ;nllr:a ('mrlnllSlrll, '(" nfi(' to of the provisions of tht. w'evtlon relating to the q I 13A 11I00 � 113A-105. Coastal Resources Advisory Council. - (a) Creation. - There is hereby created and established a council to be known as the Coastal Resources Advisory Council. (b) The Coastal Resources Advisory Council shall consist of not more than 47 members appointed or designated as follows: (1) Three individuals designated by the Secretary of Natural and Economic Resources from among the employees of his Department; (2) The Secretary of the Department of Administration or his designee; (3) The Secretary of the Department of Transportation and Highway Safety or his designee, and one additional member selected by him from his Department; (4) The Secretary of the Department of Human Resources or his designee; (5) The Commissioner of Agriculture or his designee; (6) The Secretary of the Department of Cultural Resources or his designee: (7) One member from each of the four multi-county planning districts of the coastal area to be appointed by the lead regional agency of each district: (8) One representative from each of the counties in the coastal area to be designated by the respective boards of county commissioners; (9) No more than eight additional members representative of cities in the coastal area and-to be designated by the Commission; (10) Three members selected by the Commission who are marine scientists or technologists; (11) One member who is a local health director selected by the Commission upon the recommendation of the Secretary of Human Resources. (ec) Functions and Duties. - The Advisory Council shall assist the Secretaries of Administration and of Natural and Economic Resources in an advisory capacity: (1) On matters which may be submitted to it by either of them or by the Commission, including technical questions relating to the development of rules and regulations, and (2) On such other matters arising under this Article as the Council considers appropriate. (d) Multiple Offices. - Membership on the Coastal Resources Advisory Council is hereby declared to be an office that may be held concurrentCy with other elective or appointive offices (except the office of Commission member) � 113A-106 � 113A-107 in addition to the maximum number of offices permitted to be held by one person -under G.S. 128-1.1: (e) Chairman and Vice-Chairman. - A chairman and vice-chairman shall be -- elected annually by the Council. -. . (f) Compensation. - The members of the Advisory Council who are not State employees shall receive per diem and necessary travel and subsistence expenses in accordance with the provisions of G.S. 138-5. (1973, c. 1284, s. 1.) Part 2. Planning Processes. � 113A-106. Scope of planning processes. - Planning processes covered by this Article include the development and adoption of State guidelines for the coastal area and the development and adoption of a land-use plan for each county within the coa:;tal area:, which plans shall setrve as criteria for the issuance or denial of development permits under Part 4 (1973, c. 1284, s. 1.) � 113A-107. State guidelines for the coastal area.- (a) State guidelines for the coastal ar a shall consist of statements of objectives, policies, and standards to be followed in public and private use of landand water areas within the coastal area. Such guidelines shall be consistent with the goals of the coastal area management system as set forth in G.S. 113A-102. They shall give particular attention to the nature of development which shall be apropriate within the various types of areas of environmental concern that may be designated by the Commission under Part 3. Such guidelines shall be adopted, and may be amended from time to time, in accordance with the procedures set forth in this section. (b) The Commission shall be responsible for the preparation, adoption, and amendment of the State guidelines. In exercising this function it shall be furnished such staff assistance as it requires by the Secretary of Natural and Economic Resources and the Secretary of the Department of Administration, together with such incidental assistance as may be requested of any other State department or agency. (c) Within 90 days after July 1, 1974, the Commission shall submit proposed State guidelines to all cities and counties and lead regional organizations within the coastal area for their comments and recommendations. In addition, it shall submit such guidelines to all State, private, federal, regional, and local agencies which it deems to have special expertise with respect to any environmental, social, economic, esthetic, cultural, or historical aspect of development in the coastal area. It shall make copies of the proposed guidelines available to the public through the Department of Administration. (d) Cities, counties, and lead regional organizations and such other agencies or individuals as desire to do so shall have 60 days from receipt of such proposed guidelines within which to submit to the Commission their written comments and recommendations concerning the proposed guidelines. (e) The Commission shall review and consider all such written comments and recommendations. Within 210 days after the effective date of this Article, the Commission shall by rule adopt State guidelines for the coastal area. Certified copies of such guidelines shall be filed with the Attorney General and the principal clerks of the Senate and House, and the guidelines shall be mailed to each city, county, and lead regional organization in the coastal area and to such other agencies or individuals as the Commission deems appropriate. Copies shall be made available to the public through the Department of Administration. � liSA-108 � 113A-109 (f) The Commission may from to time amend the State guidelines as it deems necessary. In addition, it shall review such guidelines each five years after July 1, 1974, in accordance with the procedures for adoption of the original guidelines, to determine whether further amendments are desirable. Any proposed amendments shall be submitted to all cities, counties, members of the General Assembly and lead regional organizations in the coastal area, and may be distributed to such other agencies and individuals as the Commission deems appropriate. All comments and recommendations of such governments, agencies, and individuals shall be submitted to the Commission in writing within 30 days of receipt of the proposed amendments. The Commission shall review and consider these written comments and thereupon may by rule reject or adopt the proposed amendments or modify and adopt the amendments. Certified copies- of all amendments shall be filed with the Attorney General and the principal clerks of the Senate and House. Amendments shall thereupon be mailed to each city, county, members of the General Assembly and lead regional organization in the coastal area and to such other agencies and individuals as the Commission deems appropriate. Copies shall be made available to the public through the Department of Administration. (1973, c. 1284, s. 1; 1975, 2nd Sess., c. 983, s. 75, 76.) Edito's Not4. - The 1975. 2nd Se.s, eighth line of the subsection. The words amendxment substituted 'Attorney General" for "Secretary of State" appear only in the 'Secretary of State" in the third sentence of thirteenth line of subsection if) as set out in the subsection (e) and in the sixth sentence of 1975 Replacement Volume. Notwithstanding subsection (). this discrepancy, the amendment has been The 1975, 2nd Sess., amendment directed given effect according to its obvious intent that the change in subsection (f) be made in the � 113A-108. Effect of State guidelines. - All local land-use plans adopted pursuant to this Article within the coastal area shall be consistent with the State guidelines. No permit shall be issued under Part 4 of this Article which is inconsistent with the State guidelines. Any State land policies governing the acquisition, use and disposition of land by State departments and agencies shall take account of and be consistent with the State guidelines adopted under this Article, insofar as lands within the coastal area are concerned. Any State land classification system which shall be promulgated shall take account of and be consistent with the State guidelines adopted under this Article, insofar as it applies to lands within the coastal area. (1973, c. 1284, s. 1.) � 113A-109. County letter of intent; timetable for preparation of land-use plan. - Within 120 days after July 1, 1974, each county within the coastal area shall submit to the Commission a written statement of its intent to develop a land-use plan under this Article or its intent not to develop such a plan. If any county states its intent not to develop a land-use plan or fails to submit a statement of intent within the required period, the Commission shall prepare and adopt a land-use plan for that county. If a county states its intent to develop a land-use plan, it shall complete the preparation and adoption of such plan within 480 days after adoption of the State guidelines. In the event of failure by any county to complete its required plan within this time, the Commission shall promptly prepare and adopt such a plan. In any case where the Commission has adopted a land-use plan for a county that county may prepare its own land-use plan in accordance with the procedures of this Article, and upon approval of such plan by the Commission it shall � 113A-110 � 113A-110 supersede the Commission's plan on a date specified by the Commission. (1973, c. 1284, s. 1; 1975, c. 452, a. 1.) Editor's Note. - The 1975 amendment substituted "480 days" for "300 days" In the - third sentence of the first paragraph. � 113A-110. Land-use plans. - (a) A land-use plan for a county shall, for the purpose of this Article consist of statements of objectives, policies, and standards to be followed in publio and private use of land within the county, which shall be supplemented by maps showing the appropriate location of- particular types of land or water use and their relationships to each other and to public facilities and by specific criteria for particular types of land or water use in particular areas. 'The plan shall give special attention to the protection and appropriate development of areas of environmental concern designated under Part 3. The plan shall be consistent with the goals of the coastal area management system as set forth in G.S. 113A-102 and with the State guidelines adopted by the Commission under G.S. 113A-107. The plan shall be adopted, and may be amended from time to time, in accordance with the procedures set forth in this section. (b) The body charged with preparation and adoption of a county's land-use plan (whether the county government or the Commission) may delegate some or all of its responsibilities to the lead regional organization for the region of which the county is a part. Any such delegation sha'l become effective upon the acceptance thereof by the lead regional organization. Any county proposing a delegation to the lead regional organization shall give written notice thereof to the Commission at least two weeks prior to the date on which such action is to be taken. Any city or county within the coastal area may also seek the assistance or advice of its lead regional organization in carrying out any planning activity under this Article. (c) The body charged with preparation and adoption of a county's land-use plan (whether the county or the Commission or a unit delegated such responsibility) may either (i) delegate to a city within the county responsibility for preparing those portions of the land-use plan which affect land within the city s zoning jurisdiction or (ii) receive recommendations from the city concerning those portions of the land-use plan which affect land within the city's zoning jurisdiction, prior to finally adopting the plan or any amendments thereto or (iii) delegate responsibility to some cities and receive recommendations from other cities in the county. The body shall give written notice to the Commission of its election among these alternatives. On written application from a city to the Commission, the Commission shall require the body to delegateplan-making authority to that city for land within the city's zoning jurisdiction if the Commission finds that the city is currently enforcing its zoning ordinance, its subdivision regulations, and the State Building Code within such jurisdiction. (d) The body charged with adoption of a land-use plan may either adopt it as a whole by a single resolution or adopt it in parts by successive resolutions; said parts may either correspond with major geographical sections or divisions of the county or with functional subdivisions of the subject matters of the plan. Amendments and extensions to the plan may- be adopted in the same manner. (e) Prior to adoption or subsequent amendment of any land-use plan, the body charged with its preparation and adoption (whether the county or the Commission or a unit delegated such responsibility) shall hold a public hearing at which public and private parties shall have the opportunity to present � 113A-111 � I113A- 1-3 comments and recommendation.;. Notice of the hearngr shall be given not less than 30 days before the date of the hearing and shall state the (late, time, andl place of the hearing- the subject of the hearing;, thi. act;(Ft Which is prolicsed: ,and that. copies of the proposed plan or amendment. art- availahl(e ;or publiic inspection at a designated office in the county courthouse during d(--sigriate-d hours. Any such notice shall he published at least once inl a news pap'-r of general circulation in the county. (f) No land-use plan shall become finally effective ii nttl it has beven appiroved bv the Commission. The county or other unit adco tinw the plan shiall transmnit it], when adopted, to the Commission for review. The! Comnmission shall afford interested persons an opportunity to presenit objvvtions and corn men ts regardin the plan, and shall review and consider each county land-use plan in light of suc I objections and comnments, the State guidelines, the req irements ol' the, Articie and any generally applicable standards of revi''w adlopteil by rne of the. Commi'sion. Witthmn 415 (lays ,after rvceipt of a comIL tv and'use planl tilt Commission shall either approve the plan or not i f thev count v of the specific chang~es which must i'e made in order for it to he ;ipprrovew Followin g sn'11 changes, the plan may be resubmitted in the samre mianner as the -rgn )1 plan. (g Copies (if catch county land-use, plan which has beven approved, and as i may have been amended trom t'ime to time, shall bie aintainied n1 a form available for public inspection by (i) the county, ODi the Commission, and (iii) the lead regional organization of the region which includes the county. (197:3. c 1'2$- 1, �113A-11 1. Effect of land-use plan. - No permit shall b.- Issued under Part, 4 of this Article for development which is inconsistent, with thre approved land- use plan for the county in which it is proposed. No local ordinance or other local regulation shall be adopted which, within an area of environmental concern, is inconsistent with the land-use plan of the county ur city in which It is effective; any existing local ordinances and regu Lation,- within area., of enivironmental concern shall be reviewed in light of the applicable local land-use- plan and modlified as may be niecessary to make them con-sistent ther'ewith. All locan ordinances and other locTal regulations affecting a county, within the coastal area, but not affecting an area of environmental conicern, shall he reviowed by the Commission for consistency with the applicable countv and citv land-use plant, and, if the Commission finds any such ordinance or regutlation to hie inconsistent with the applicable land-use plan. it shall transmit recommendations, for modification to the adopting local government. (1973. c. 1284. S. ii) � 1 13A- 112. Planning grants. - The Sevretarv of Natural and Fcomnmini Resources is authorized to make annual grants to local governmental units for the purpose of assisting in the development of local )]area and management programs under this Article. The Secretary shall dlevelop and administer generally appllicable criteria under which loical govvrnrmvnts may dualify for such assistance. (1973, c. 1284, s. 1.) ['art 3. Areas of Environmental Conce'rn.' �1 13A-1 13. Areas of environmental concern; in general. - (a) The Coastal Resources Commission shall by rule designate geographic areas of the coastal area as areas of environmental concern and specify the boundaries thereof, in the manner provided in this Part. (b) The Commission may designate as areas of environmental concern any one or more of the following, singly or in comhination: (1) Coastal wetlands as defined in G.S. 11I3-2:30(a)-, � 113A-113 � 113A-113 (2) Estuarine waters as defined in G.S. 113-229(n)(2), that is, all the water of the Atlantic Ocean within the boundary of North Carolina and all the waters of the bays, sounds, rivers, and tributaries thereto seaward of the dividing line between coastal fishing waters and inland fishing waters, as set forth in an agreement adopted by the Wildlife Resources Commission and the Department of Natural and Economic Resources filed with the Secretary of State, entitled "Boundary Lines, North Carolina Commercial Fishing - Inland Fishing Waters, Revised to March 1, 1965"; (3) Renewable resource areas where uncontrolled or incompatible development which results in the loss or reduction of continued long- range productivity could jeopardize future water, food or fiber requirements of more than local concern, which may include: a. Watersheds or aquifers that are present sources of public water supply, as identified by the Department of Human Resources or Environmental Management Commission, or that are classified for water-supply use pursuant to G.S. 143-214.1; b. Capacity use areas that have been declared by the Environmental Management Commission pursuant to G.S. 143-215.13(c) and areas wherein said Environmental Management Commission (pursuant to G.S. 143-215.3(d) or 143-215.3(a)(8)) has determined that a generalized condition of water depletion or water or air pollution exists; c. Prime forestry land (sites capable of producing 85 cubic feet per acre-year, or more, of marketable timber), as identified by the Department of Natural and Economic Resources. (4) Fragile or historic areas, and other areas containing environmental or natural resources of more than local significance, where uncontrolled or incompatible development could result in major or irreversible damage to important historic, cultural, scientific or scenic values or natural systems, which may include: a. Existing national or State parks or forests, wilderness areas, the State Nature and Historic Preserve, or public recreation areas; existing sites that have been acquired for any of the same, as identified by the Secretary of Natural and Economic Resources; and proposed sites for any of the same, as identified by the Secretary of Natural and Economic Resources, provided that the proposed site has been formally designated for acquisition by the governmental agency having jurisdiction; b. Present sections of the natural and scenic rivers system; c. Stream segments that have been classified for scientific or research uses by the Environmental Management Commission, or that are proposed to be so classified in a proceeding that is pending before said Environmental Management Commission pursuant to G.S. 143-214.1 at the time of the designation of the area of environmental concern; d. Existing wildlife refuges, preserves or management areas, and proposed sites for the same, as identified by the Wildlife Resources Commission, provided that the proposed site has been formally designated for acquisition (as hereinafter defined) or for inclusion in a cooperative agreement by the governmental agency having jurisdiction; e. Complex natural areas surrounded by modified landscapes that do not drastically alter the landscape, such as virgin forest stands Pr � 113A-114 ' � 113A-114 within a commercially managed forest, or bogs in an urban complex; f. Areas that sustain remnant species or aberrations in the landscape produced by natural forces, such as rare and endangered botanical or animal species; g. Areas containing unique geological formations, as identified by the State Geologist; and h. Historic places that are listed, or have been approved for listing by the North Carolina Historical Commission, in the National Register of Historic Places pursuant to the National Historic Preservation Act of 1966; historical, archeological, and other places and properties owned, managed or assisted by the State of North Carolina pursuant to Chapter 121; and properties or areas that are or may be designated by the Secretary of the Interior as registered natural landmarks or as national historic landmarks; (5) Areas such as waterways and lands under or flowed by tidal waters or navigable waters, to which the public may have rights of access or publc trust rights, and areas which the State of North Carolina may be authorized to preserve conserve, or protect under Article XIV, Sec. 5 of the North Carolina Constitution; (6) Natural-hazard areas where uncontrolled or incompatible development could unreasonably endanger life or property, and other areas especially vulnerable to erosion, flooding, or other adverse effects of sand, wind and water, which may include: a. Sand dunes along the Outer Banks; b. Ocean and estuarine beaches and shoreline; c. Floodways and floodplains; d. Areas where geologlc and soil conditions are such that there is a substantial possibility of excessive erosion or seismic activity, as identified by the State Geologist; e. Areas with a significant potential for air inversions, as identified by the Environmental Management Commission. (7) Areas which are or may be impacted by key facilities. (c) In those instances where subsection (b) of this section refers to locations identified by a specified agency, said agency is hereby authorized to make the indicated identification from time to time and is directed to transmit the identification to the Commission; provided, however, that no designation of an area of environmental concern based solely on an agency identification of a proposed location may remain effective for longer than three years unless, in the case of paragraphs (4)a and d of subsection (b) of this section, the proposed site has been at least seventy-five percent (75%) acquired. Within the meaning of this section, "formal designation for acquisition" means designation in a formal resolution adopted by the governing body of the agency. having jurisdiction (or by its chief executive, if it has no governing body), together with a direction in said resolution that the initial step in the land acquisition process be taken (as by filing an application with the Department of Administration to acquire property pursuant to G.S. 146-23). (d) Additional grounds for designation of areas of environmental concern are prohibited unless enacted into law by an act of the General Assembly. (1973, c. 476, s. 128; c. 1262, ss. 23, 86; c. 1284, s. 1.) � 113A-114. Designation of interim areas of environmental concern; notice of developments within such areas. - (a) Pending the designation of � 113A-114 � 113A-114 areas of environmental concern pursuant to (;.S. 1 1A-1 15, the Comnnllsslon may by rule designate such interim areas of environmental concern (hereafter referred to as "interim areas") as it deiems aplpr('yiate. (b) Not earlier than 15 days nor later than ';5 days after July 1, 1974, the Secretary of Natural and Economic Resources; or his designee or designees, shall hold a one-day public hearing, at which public and private parties shall have the opportunity to present views and comments concerning proposed interim areas, in eachof the following cilies Flizabeth City, Jacksonville, Manteo, Morehead City, Washington and Wilmington. The following provisions shall apply for all such hearings' (1) The hearing shall begin with a description of interim are: .'proposel by the Secretary. c. (2) Notice of any such hearing shall he given not less than seven days before the (late of such hearing and shall state the date, tine and place of the hearing, the subject of the hearing and the action to he taken. The notice shall state that a copy of a (escription of interim areas proposeo by the Secretary (including a mapi of such proposed areasi is available for public inspection at the county courthouse of each county affected. (3) Any such notice shall be published one time in a newspaper of general circulation in the county or counties affected at least seven dlays before the date of the public hearing. (4) Any person who desires to he heard at such public hearing shall give notice thereof in writing to the Secretary on or before the date set for the hearing. The Secretary is authorized to set reasonable time limits for the oral presentation of views by any one person at any such hearing. The Secretary shall permit anyone who so desires to file a written argument or other statement with him In relation to proposed interim areas within five days following the conclusion of any public hearing or within such additional time as he may allow in his discretion. (5) A record of each such hearing shall be ')resented to the Commission by the Secretary, together with the description of interim areas proposed by the Secretary (with such revisions as he deems appropriate in light of the hearings). Upon receipt of said hearing records and description, and consideration of submitted evidence and arguments with respect to any proposed action pursuant to this section, the Commission shall atdolat its final action with respect thereto and shall file a duly certified copy thereof with the Attorney General and with the board of commissioners of each county affected thereby (c) The Commlission may rec ibe the interim areas {or any part thereof) at any time in the mannler llrovitled by subsectiol (hl) of this suctlon, except that the hearing or hearings shall he held in each county in which lands to be affected are located. (d) The interim areas (with such revisinns as may be made pursuant to this section) shall remain In effect until (designation of areas -of environmental concern are madre purusuant to G.S 113A-l115. (e) During the pe)riold while interim areas are in effect, any person proposing to undertake any development in an interim area shall notify the Commission at least 60 days in advance of initiating construction, installation or other land- or water-disturbing activity in connection with said development. (1973, c. 128.1, s. 1; 1975, 2nd Sess., c. 983, s. 77.) Editor's Note. - The 1975, 2nd Scss., "Secretar.y of State" in the second sentence of amendment sutbstituted "Attorney General" for subdivision (.1 of subsection (h). - p - � 113A-115 � 113A-116 I 113A-115. Designation of areas of environmental concern. - (a) Prior to adopting any rule permanently designating any area of environmental concern the Secretary and the Commission shall hold a public hearing in each county in which lands to be affected are located, at which public and private parties shall have the opportunity to present comments and views. The ollowing provisions shall apply for all such hearings: (1) Notice of any such hearing shall be given not less than 30 days before the date of such hearing and shall state the date, time and place of the hearing, the subject of the hearing, and the action to be taken. The notice shall specify that a copy of the description of the area or areas of environmental concern proposed by the Secretary is available for public inspection at the county courthouse of each county affected. (2) Any such notice shall be published at least once in one newspaper of general circulation in the county or counties affected at least 30 days before the date on which the public hearing is scheduled to begin. (3) Any person who desires to be heard at such public hearing shall give notice thereof in writing to the Secretary on or before the first date set for the hearing. The Secretary is authorized to set reasonable time limits- for the oral presentation of views by any one person at any such hearing. The Secretary shall permit- anyone who so desires to file a written argument or other statement with him in relation to any proposed plan any time within 30 days folio wing the conclusion of any public hearing or within such additional time as he may allow by notice given as prescribed in this section. (4) Upon completion of the hearing and consideration of submitted evi- dence and arguments with respect to any proposed action pursuant to this section, the Commission shall adopt its final action with respect thereto and shall file a duly certified copy thereof with the Attorney General and with the board of commissioners of each county affected thereby. (b) Inl addition to the notice required by G.S. 113A-115(a)(2) notice shall be given to any interested State agency and to any citizen or group that has filed a request to be notified of a public hearing to be held under this section. (c) The Commission shall review the designated areas of environmental concern at least biennially. New areas may be designated and designated areas may be deleted, in accordance with the same procedures as apply to the original designations of areas under this section. Areas shall not be deleted unless it is found that the conditions upon which the original designation was based shall have been found to be substantially altered. (1973, c. 1284, a. 1; 1975, 2nd Sess., c. 983, s. 78.) . . FAltor's Note. - The 1975, 2nd Sess., "Secretary of State" in subdivision (4) of amendment substituted Attorney General" for subsection (a). Part 4. Permit Letting and Enforcement. � 113A-116. Local government letter of intent. - Within two years after July 1, 1974, each county and city within the coastal area shall submit to the Commission a written statement of its intent to act, or not to act, as a permit- letting agency under G.S. 113A-121. If any city or county states its intent not to act as a permit-letting agency or fails to submit a statement of intent within the required period, the Secretary of Natural and Economic Resources shall issue permits therein under G.S. 113A-121; provided that a county may submit �113A-117 � 113A-117 a letter of intent to issue permits in any city within said county that disclaims its intent to issue permits or fails to submit a letter of intent. Provided, however, should any city or county fail to become a permit-letting agency for any reason, but shall later express its desire to do so, it shall bp permitted by the Coa,,tal Resources Gommission to qualify as such an agency ii' follow;ng the proced~in-e herein set forth for qualification in the first instance. (1973, c. 1284, s. 1: 1975, c. 452, s. 2.) Editor's Note. - The 1975 amendment substituted "two years" for "one year" near the beginning of the fir,-t sentence. � 113A-117. Implementation and enforcement proirrams. - (a) The Secretar of Natural and Economic Resources shall develop and present to the Commission for consideration and to all cities and counties and lead regional organizations, within the coastal area for comment a ,et of criteria for iccal imp lementation and enforcement. programs. In the preparation (if such criteria, the Secretary shall emphasize the necessity for the expeditious processing of permit applications. Said crite-ria niny contain reconruendatkrns and guidt-line's as to the procedures to be followed in developing local implementation and enforcement programis, the scop an Icovlerage of said programs, minimum standards to be prescribed in said programs, staffing of permit-letting agencies, permit-letting procedures, and priorities of regiunal or statewide concern. Within 20 months after July 1, 197 1, the Commission shall] adopt and transmit said criteria (with any revisions~ to each coastal-area county and city that has filed an applicable letter of intent. for its guidance. (b) The governiing body of each city in the coastal area that filed an affirmative letter of intent shall adopt an implementation and enforcement plan with respect to its zoning area within 36 months after July 1, 19714. The board of commissioners of each coastal-area county that filed an affirmative letter of intent shall adopt an implementation plan with respect to portions of the county outside city zoning areas within 36 months after July 1, 1974, provided, however, that a county implementation and enforcement plan may also cover city jurisdictions for those cities within t he counties that have not filed affirmative letters of intent pursuant to G.S. 113A-116. Prior to adopting the implementation and enforcement program the local governing body shall hold a public hearing at which public and private Darties shall have the opportunity to present coinments and views. Notice of the hearing shall be given not less than 15 days before the date of the hearing, and shall state the date, time and place of the hearing, the subject of the hearing, and the action which is to be taken. The notice shall state that copies of the proposed implementation and enforcement pro~ram, are available for public inspection at the county courthouse. Any such notice shall be published at least once in one iiewqpaoer of general circulation in the county at least 15 days before the date on wfikich the public hearing is scheduled to begini. (c) Each cn~astai-aroa conitr Hi it\, ThaI]a traw.;itii ;t. inipleneiwatauon anad 1,1frcevilit-la 131(0gil'.11 W6ieli aLfili1pi4 to a'4''alsvaa for reviews The Comnmission si all:iffor I irivero-wtd priisn au-tiLato present objections .in u'niu'iisrui~;arduiv the( progra-ini. ;anil shall rvvvax~ andi consider vach local inaluiieitatu aall (-n roreenTI11VI J)1Ogr'.Lli s bunt t aid ilk light Of such Il ' etion idcolmiviaets. tile ColI111ijiSsions 4.1-Ileria and am.' goleniial Standars t rW.,1f'w applivabiv I hrougihont the eco.'Ltal an'.- aS 'Max lIn adt Iated by th,, runtnnissirm. \Swahiit 45 dlavs aftcr -vrc(.1pt 1f a loc.dlir'Iiicitii and eiifrarevnent pirograml the Comnmiss-01 it'ihall ehithr app-r we tho prwoigrani ar notify the countv or eitv � 113A-118 - � 113A-119 of the specific changes that must be made in order for it to be approved. Following such changes, the program may he resubmitted in the same manner as the original program. (d) If the Commission determines that any local government is failing to administer or en force an approveud implemlentatiotn and enforcement program, it shall notify the local government in writing and shall specify the deficiencies of administration and enforcement. If the local government has not taken corrective action within 90 days of receipt of notification from the Commission, the Comnmission shall assume enforcement of the program until such time as the local government indicates its willingness and ability to resume administration and enforcement of the program. (1973, c. 1284, s. 1; 1975, c. 452, s. 3.) Editor's Note. - The 1975 ameidment for "20 months" in the first and second substituted "20 months" for "14 months" In the sentences of subsection (b). last sentence of subsection (a) and "36 months" � 113A-118. Permit required. - (a) After the date designated by the Secretary of Natural and Economic Resources pursuant to G.S. 1 13A-125, every person bi2fore- undertaking any development in any area of environmental concern shall obtain (in addition to any other required State or local permit) a permit pursuant to the provisions of this Part. (b) Under the expedited procedure provided for by C.S. 113A-121, the permit shall be obtained from the appropriate city or county for any minor development; provided, that if the city or county has not developed an approved implementation and enforcement program, the permit shall he obtained from the Svcrc':lry of Natural antd Eo,.( rlntic Kesources. (e) Under the quasi-judicial procedure provided for by C.S. 113A-122, the permit shall be obtained from the C(ommission. (d) Within the meaning of this Part: (1) A 'major development' is any development which requires permission, licensing, approval, certification or authorization in any form from the Environmental Management Comnission, the Department of Human Resourcets, the State Department of Natural and Economic Resources, the State Department of Administration, the North Carolina Mining Commission, the North Carolina Pesticides Board, or the North Carolina Sedimentation Control Board; or which occupies a land or water area in excess of 20 acres; or which contemplates drilling for or excavating natural resources on land or under water: or which occupies on a sinhgle parcel a structure or structures in excess of a ground area of 60,000 square feet. .- (2) A "minor development" is any developpment other than a "major development." (e) If, withinl the mnaning of G.S. 113A-ll :(5)b.3, the siting of any utility facility for the development, generation or transmission of energy is subject to regulation under this Article rather than by the State Utilities Commission or by other law, permits for such facilities shall be obtained from the Coastal lesources Commission rather than from the appropriate city or county. (1973, c. 476, s. 128; c. 1262, ss. 23, 33; c. 128.1. s. 1.) � 113A-119. Permit applications generally. - (a) Any person required to obtiLin a permit under this Part shall file with the Secretary of Natural and Economic Resources and (in the case of a permit sought from a city or.county) with the designated local official an application for a permit in accordance with the form and content designated by the Secretary and approved by the Commission. The applicant must submit with the application a check or money � 113A-120 � 113A-120 order payable to the Department or the city or county, as the case may be, constituting a reasonable fee (not to exceed twenty-five dollars ($25.00)) set by the Commission to cover the administrative costs in processing the said application. (b) Upon receipt of an application, the Secretary shall issue public notice of the proposed development (i) by mailing a copy of the application, or a brief description thereof together with a statement indicating where a detailed copy of the proposed development may be inspected, to any citizen or group which has filed a request to be notified of the proposed development, and to any interested State agency; (ii) by posting or causing to be posted a copy of the application at the location of the proposed development; anti (iii) by publishing notice of the application at least once in one newspaper of general circulation in the county or counties wherein the development would be located at least seven days before final action on a permit under G.S. 113A-121 or before the beginning of the hearing on a permit under G.S. 113A-122. The notice shall set out that any comments on the development should be .ubmitted to the Secretary by a specified date, not to exceed 15 days from the date of the newspaper publication of the notice. Public notice under this subsection is mandatory. (Ic) Within the meaning of this Part, the "designated local official" is the official who has been designated by the local governing body to receive and consider permit applications under this Part. (1973, c. 1284, s. 1.) � 113A-120. Grant or denial of permits. - (a) After consideration of submitted evidence and arguments submitted at the hearing, or otherwise in the case where no hearing was conducted, the responsible official or body shall deny the application for permit upon finding: (1) In the case of coastal wetlands, that the development would contravene an order that has been or could be issued pursuant to G.S. 113-230. (2) In the case of estuarine waters, that a permit for the development would be denied pursuant to G.S. 113-229(e). (3) In the case of a renewable resource area, that the development will result in loss or significant reduction of continued long-range lroductivity that would jeopardize one or more of the water, food or fiber requirements of more than local concern identified in paragraphs a to c of subsection (h)(3) of G.S. 113A-113. (4) In the case of a fragile or historic area, or other area containing environmental or natural resources of more than local significance, that the development will result in major or irreversible damage to one or more of the historic, cultural, scientific, environmental or scenic values or natural systems identified in paragraphs a to h of subsection (b)(4) of G.S. 113A-113. (5) In the c.se of areas covered by G.S. 113A-113(4) [G.S. 113A-113(b)(5)1, that the development will jeopardize the public rights or interests specified in said subdivision. (6) In the case of natural hazard areas, that the development would occur in one or more of the areas identified in paragraphs a to e of subsection (b)(6) [of G.S. 113A-1133 in such a manner as to unreasonably endanger life or property. (7) In the case of areas which are or may be impacted by key facilities, that the development is inconsistent with the State guidelines or the local land-use plans, or would contravene any of the provisions of subdivisions (1) to (6) of this subsection. (8) In any case, that the development is inconsistent with the State guidelines or the local land-use plans. � 113A-121 � 113A-122 (b) In the absence of such findings, a permit shall be granted. The permit may be conditioned upon the applicant s amending his proposal to take whatever measures are reasonably necessary to protect the public interest with respect to the factors enumerated in subsection (a) of this section. (c) Variances. - Any person may petition the Commission for a variance granting permission to use his land in a manner otherwise prohibited by rules, regulations, standards or limitations prescribed by the Commission, or orders issued by the Commission, pursuant to this Article. When it finds that (i) practical difficulties or unnecessary hardships would result from strict application of the guidelines, rules, regulations, standards, or other restrictions applicable to the property, (ii) such difficulties or hardships result from conditions which are peculiar to the property involved, (iii) such conditions could not reasonably have been anticipated when the applicable guidelines, rules, regulations, standards, or restrictions were adopted or amended, the Commission may vary or modify the application of the restrictions to the property so that the spirit, purpose, and intent of the restrictions are preserved, public safety and welfare secured, and substantial justice preserved. In varying such regulations, the Commission may impose reasonable and appropriate conditions and safeguards upon any permit it issues. The Commission may conduct a hearing within 45 days from the receipt of the petition and shall notify such persons and agencies that may have an interest in the subject matter of the time and place of the hearing. (1973, c. 1284, s. 1.) � 113A-121. Permits for minor developments under expedited procedures. - (a) Applications for permits for minor developments shall be expeditiously processed so as to enable their promptest feasible disposition. (b) In cities and counties that have developed approved implementation and enforcement programs, applications for permits for minor developments shall be considered and determined by the designated local official of the city or county as the case may be. In cities and counties that have not developed approved implementation and enforcement programs, such applications shall be considered and determined by the Secretary of Natural and Economic Resources. (c) Failure of the Secretary or the designated local official (as the case may be) to approve or deny an application for a permit for a minor development within 30 days from receipt of application shall be treated as approval of such application, except that the Secretary or the designated local official (as the case may be) may extend such deadline by not more than an additional 30 days if necessary properly to consider the application. No waiver of the foregoing time limitation (or of the time limitation established in G.S. 113A-122(c)) shall be required of any applicant. - (d) Any person who is directly affected by the decision of the Secretary or the designated local official (as the case maybe) to grant or deny an application for minor development permit may request within 20 days of such action, a hearing before the Commission. In the case of a grant or denial of a permit by a local official, the Secretary shall be considered to be a person affected by the decision. Pending final disposition of any such appeal, no action shall be taken which would be unlawful in the absence of a permit issued under this section. (1973, c. 1284, s. 1.) � 113A-122. Permits under quasi-judicial procedures. - (a) The procedure set forth in this section applies to all permit applications for major developments, as well as to permit applications for minor developments whose disposition was � 113A-122 � I13A-122 appealed under G.S. 113A-121(d). All permit applications subject to this section shall be heard by the Commission. (b) The following provisions shall be applicable in connection with hearings pursuant to this section: (1) Any hearing held pursuant to this section shall be held upon not less than 30 days' written notice given by the Commission to any person who is a party to the proceedings with respect to which such hearing is to be held, unless a shorter notice is agreed upon by all such parties. (2) All hearings under this section shall he open to the public. Any person to whom a delegation of power is made to conduct a hearing shall report the hearing with its evidence and record to the Commission for decision. (3) A full and complete record of all proceedings at any hearing under this section shall be taken by a reporter appointed by the Commission or by other method approved by the Attorney General. Any party to a proceeding shall be entitled to a copy of such record upon the payment of the reasonable cost thereof as determi;-ed by the Commission. (4) The Commission and its duly authorized agents shall follow generally the procedures applicable in civil actions in the superior court insofar as practicable, including rules and procedures with regard to the taking and use of depositions, the making and use of stipulations, and the entering into of agreed settlements and consent orders. (5) The Commission and its duly authorized agents may administer oaths and may issue subpoenas for the attendance of witnesses and the production of books, papers, and other documents belonging to the said person. (6) Subpoenas issued bv the Commission in connection with any hearing under this section shall be directed to any officer authorized by law to serve process, and the further procedures and rules of law applicable with respect thereto shall be prescribed in connection with subpoenas to the same extent as if issued by a court of record. In case of a refusal to obey a subpoena issued by the Commission, application may be made to the superior court of the appropriate county for enforcement thereof. (7) The burden of proof at any hearing under this section on appeal pursuant to G.S. 113A-121(d) shall be upon the Secretary. The burden of proof at any hearing under this section on a permit application for a major development shall b6 upon the applicant. The provisions of this (8) paragraph shall apply only to the hearings specified in this paragraph. (8) No decision or order of the Commission shall be made in any proceeding unless the same is supported by competent, material, and substantial evidence upon consideration of the whole record. (9) Following any hearing, the Commission shall afford the parties thereto an opportunity to submit within 30 days, or within such additional time as prescribed by the Commission, proposed findings of fact and conclusions of law and any brief in connection therewith. (10) After hearing the evidence, the Commission shall grant or deny the permit in accordance with the provisions of G.S. 113A-120. All such orders and decisions of the Commission shall set forth separately the Commission's findings of fact and conclusions of law and shall, wherever necessary, cite the appropriate provision of law or other source of authority on which any action or decision of the Commission is based. (11) The Commission shall have the authority to adopt a seal which shall be the seal of said Commission and which shall be judicially noticed by � 113A-123 � 113A-123 the courts of the State. Any document, proceeding, order, decree, special order, rule, regulation, rule of procedure or any other official act or records of the Commission or its minutes may be certified by the Executive Director under his hand and the seal of the Commission and when so certified shall be received in evidence in all actions or proceedings in the courts of the State without further proof of the identity of the same if such records are competent, relevant and material in any such action to proceedings. The Commission shall have the right to take judicial notice of all studies, reports, statistical data or any other official reports or records of the federal government or of any sister state and all such records, reports and data may be placed in evidence by the Commission or by any other person or interested party where material,-relevant and competent. (c) Failure of the Commission to approve or deny an application for a permit (or to dispose of an appeal) pursuant to this section within 90 days from receipt of application or notice of appeal shall be treated as approval of such application or of the action appealed from, as the case may be, except that the Commission may extend such deadline by not more than an additional 90 days if necessary properly to consider the application or the appeal. (d) All notices which are required to be giken by the Secretary or Commission or by any party to a proceeding under this section shall be given by registered or certified mail to all persons entitled thereto. The date of receipt or refusal for such registered or certified mail shall be the date when such notice is deemed to have been given. Notice by the Commission may be given to any person upon whom a summons may be served in accordance with the provisions of Iaw covering civil actions in the superior courts of this State. The Commission may prescribe the form and content of any particular notice. (1973, c. 1284, s. 1.) � 113A-123. Judicial review. - (a) Any person directly affected by any final decision or order of the Commission under this Part may appeal such decision or order to the superior court of the county where the land or any part thereof is located, pursuant to the provisions of Chapter 150[Al of the General Stat- utes. Pending final disposition of any appeal, no action shall be taken which would be unlawful in the absence of a permit issued under this Part. (b) Any person having a recorded interest or interest by operation of law in or registered claim to land within an area of environmental concern affected by any final decision or order of the Commission under this Part may, within 90 days after receiving notice thereof, petition the superior court to determine whether the petitioner is the owner of the land in question, or an interest, therein, and in case he is adjudged the owner of the subject land, or an interest therein, the court shall determine whether such order so restricts the use of his property as to deprive him of the practical uses thereof, being not otherwise authorized by law, and is therefore an unreasonable exercise of the police power because the order constitutes the equivalent of taking without compensation. The burden of proof shall be on petitioner as to ownership and the burden of proof shall be on the Commission to prove that the order is not an unreasonable exercise of the police power, as aforesaid. Either party shall be entitled to a jury trial on all issues of fact, and the court shall enter a judgment in accordance with the issues, as to whether the Commission order shall apply to the land of the petitioner. The Secretary of Natural and Economic Resources shall cause a copy of such finding to be recorded forthwith in the register of deeds office in the county where the land is located. The method provided in this subsection �113A-124 IAtl for the determination oif the issue of whether suvh orde~r conlstitutv-, :i tkn, without corliviisationr shall he exeitisivi' antI sulh Issili' shall not110 I i. f ui,' in any other proceeding. Any action authorize-d hN. thilt, -,isetivoi 1,11 ThI h calendared for trial at the next civil sessioij of voilrio , aort i or dwi -amiimlI and complaint have been served for 30) days, reg:Lrdle-s 4if bo iithur issti:s joined more than 10 days, before the svs,;iohi It is the flnty of thet prvi uIMI4u jurl~, to ex HCite the trial of thew. aeltions an1d to give. tilt-rII : prue&rn ptW iv 4i I III .g all others, civil or criminal. Fromn any' iecisiori of tile supri 'or cotirt cit lier pali lflfy a(1ltthe court Of aJppalIS .;i aL roiiater id milk? (C) Atrafdighsbeen enteredq that such orlvr shall zi:t. ap'j Ut corl ii land as provided in the preceding stiisect ion, t ho- D-pajcrtmrnnt , f Ad mii I rani uPf Ithn Iie req iIuevstL o f th e Commaison sI(II am 1 tIi 1pon findIinIg t ha s t 1Cffn c iitvn t fun i n I -L available therefor, and With thet conlsent of1 tIhe ( ;oN(rinur and1 Council ol Si at. may take the fee or any lesser interest in such lan d inI thrnxi (iiriof the( Stalt byV eminvnt dIM:Lm undeIir Ithe llro''iitins of ('haptr en i; Of I!) ( ;vy'rau IStatI it Io and hold the samne for the purposes set forth in this Artit Iv ( 1)- iT, v 1:-s I. EditorNi Note. - lllr.tiLnt, to SeN:,vini I~w Session lAws 197.5, ir 69, s 4, aniendm S'w'.ion M1.37. C' ia33. h. :. t'ffecitivt' July I, 197) d ict 1,aws 1913, c. ]II 9J1 4, si. as 1xi charigs' die refereice. tit ('hetwer I.-OJAI hwer fit-v sui..n effective date of 'the 1973 act from July 1. MMT tuted for :e refterence tit Art itle :tt (of (Iineptiter 1-13 Lo Feb. 1, 1976 in 'iubsection (a). � 113A-121. Additional powers and duties. - (a) The Seretari, )f Nii.niral and Economic Resources shall have the following additional powerstd'iis under this Article: (I) To conduct or cause to be conducted, investigations of tiproposed (levelopmeiits in areas of environueniiUd concern in order to obtain sufficient evidence to enable a balanced Judgmient to be rert- loretl concerning the iNsuance of perrilit." to build suc dveopents (2) To cooperate with the, Secretiry of thle D~epartmnent of Admiin,--t ration in draftinj. State guidelines for the coas-tal area. (3) To keep a list of interested persons who wish to be notified of proposed developments and piroposeud rules, d-'sirrating areas of environmnevtal concern andI to so notify these persons of sue h, proposed devvlopnwiets, by regular mail. A reasonable registration fee to defray the v,,,t of handling and mailing notices may be f-harged to any person who -;o registers with the Commission. j (4) To propose rules andl regulations to Imnplemuent this Articl Ic ir consideration by the Commrission. (5) To delegate such of his powers as hi' may devrn ap)propriate to one or more qualified employees of the D~epartnment of Natural and Ecotonomi Resources or to any focal government, rovided that the provisionls of any such delegation of power shall be set forth in detpartmiental regulations. (6) To de-legate the power to conduct a hearing, onl his behalf. to any member of the Commission or to any qualifiedl employee of the Dep)artment of Natural anti Economic Resources. Any person to whomn a dele-gation of power is made to condluct a hearing shall report his recommendations with the evidence and the record of the hearing to the Secretary for decision (sr action11. (b In order to carry out the provisions of this Article the secretaries of administration and of Natural and Economic Resourcen may employ such � M1A-125 4 113A-125 cierical, technical and professional pursonnel, and consultants with such qualifications as the Commission may pm-'crille. in alccordaLnce withi the- State persofnnel regulations and budgetary laws, arid ;ire hercby authorized to pay such personnel fromn any funds made available to tfivm through grants,; aippropriationis, or any other ~,ourvvs. In add ition u, the said secret-ris ma.", contract with any local governmental] unit or lead regional organization to carrv out the planning provisions of this Art iviv. (c) The Commission shall have the following additional powers anti duties under this Article: (1) To recommend to the Seereutry of Natural and ELonnmic Resourcu" the acceputrnce of donations, gifts, grant~s, contributions and a ppropriationh from any public or private sourve to use in var-ying out the provi;'isons of thin Article. (2) To reuonimend to the Secretary of Adminim-tration t hi aCfjUISI ion bN purchase, gift, curidenir.ation, or otherm~ ie, kind" or any interest it- any lands within the coast~al area. (3) To hold such public hearings as the Commission deems appropriate. (4) To delegate the power Lo conduct a he:iririg, on be~half Of th(- Commission, to any mnember of the Commission or to any qualified employee of the Departmenrt of Natural and Economic Resource,;. Anyv person. to whom a delegation of power is inade to conduct a hearing shall report his recommendations with the- ividence and the record of ,he hearing to the Commission for dec--isin or action. (5) To adopt, from time to time and to modify andl revoke official regulations interpreting and ap.plying the provisions of this Article and rules of ')rucedure, establis lung and amplifying the procedtires to be followed in the administration of this Article. (d) The Att:)rney General shall act as attorney for the Commission and shaHl initiate actions in the name of, and at the request of, the, Commission, and shall represent (tie Commission in the hearing of any appeal from or other review of any order of the Commission. (1973, c. 1284. s. I1) � 113A-125. Transitional provisions. - (a) E~xisting regulat~ory permits shall continue to be administered within the coastal area by the agencies presently responsible for their administration until a date (not later than 44 months after July 1, 1974), to be designated by the Secretary of Natural and Economic Resources as the permit changeover date. Said designation shall be effective from and after its filing with the Secretary of State. (b From and after the "permit changeover date," all exigting regulatory permits within the coastal area shall] he administered in coon linat ion and consultation with (but not subject to the veto of) the Commission. No such existing perraiit within the coastal area shall be issied, modified, renewed or terminated except after consultation with the Commission. The provisions of thi,. subsection concerning consultation andl coordination shall riot be interpreted Lo authorize or require the extension of any deadline established by this Article or any other law for conipletion of any permit, licensing, certification or other regulatory proceedings. (c Within the meaning of this section, "existing regulatory permits" include dredge and fill permits issued pursuant to G.S. 1 1-3-229; sand dune ivrrrnis- issued pursuant to G.S. 10411-4;, air pollution control andl watrr po ution c-mtrol permnits, SjX-ieed orders or cortificates issued pmir-tnint to (G.S. 14-3-21-5.1 andi 1413-21-5.2, or any other permnits, licenses, au thotizatiotis, approvals or � 113A-125 � 113A-125 certificates issued by the Board of Water and Air Resources pursuant to Chapter 143; capacity use area permits issued pursuant to (;.S. 1-13-215 15I, fina;l approval of darns pursuant to a.S. 143-215.30; floodway permits issued pursuant to G S. 143-215.54; water diversion authorizations issued pursuant to G S l:.1-:l.541c oil refinery permits issued pursuant to G.S. 143-215.99, mining opt rating per- mits issued pursuant to G.S. 74-51; permissions for construction of wells issued pursuant to G.S. 87-88;'restricted-use pesticide jermits issued pursuant to G.S. 143-440(b), pesticide a lplicator licenses issued pursuant to G.S. 143-.'!2 for persons who may apply pesticides within the coastal area;-'and riegulations concerning pesticide application within the ,amstal area issuued` urstailt to G.S 143-458; approvals by the Department of Human Resources of plans for A.Lter supply, drainage or sewerage, pljrquant to (;.S .30-1{1.1 and 130 161.2: standards and approvals for solid waste disposal .stt'S and fa;lllties, adopted by the Department of Human Resources pursuant to Chapter 130, Article 13fB, permits relating to sanltation of shellfish, crustaceea or scallops issued lplrst.ant to Chapter 130, Articles 14A or 14B; permits. ;pprovals, authorizations and regulations issued by the Departme.nt of Human Resources. pursuant to Artic!r' 23 or 24 of Chapter 130 with reference to mosquito control programs or distriets; any permits, licenses, authorizations, regulations. tpprovals or certificates issued by the Department of Hunin Resources relating to septic tanks or water wells; oil or gas well regulations and orders issued for the protection uf environmental values or resources pursuant to G.S. 113-391; a certificate of public convenience and necessity issited by the State Utilities Comrmisslon pursuant to Chapter 62 for any public utility plant or system, other than a carrier of persons or property; permits, licenses, leases, options, authorization or approvals relating to the use of State forestlands, State parks or other state- owned land issued by the State Department of Administration, the State Department of Natural and Economic Resources or any other State department, agency or institution: any approvals of erosion control plans that may be issued by the North Carolina Sedimentation Control Commision pursuant to G.S 113A-60 or 113A-61; and any permits, licenses, authorizations, regulations, approvals or certificates issued by any State agency pursuant to any environmental protection legislation not specified in this subsection that may bei enacted prior to the permit changeover date. (d) The Commission shall conduct continuing studies addressed to developing a better coordinated and more unified system of environmental and land-use permits in the coastal area, and shall report its recommendations thereon from time to time to the General Assembly. Specifically, the Commission shall report to the 1975 General Assemblyv recommended procedures to implement the requirement of subsection (b)'of this section for administration of existing regulatory permits within the coastal area in coordination and consultation with the Commissionm In its 1975 recommendations, the Commission shall seek to develop procedures that are administratively practicable, that are not unduly burdensome for the affected agencies, and that are adapted to the circumstances of each agency, taking into account the volume of permits issued, the location of the regulated activity (whether or not within or near an area of environmental concern), the significance of the environmental consequences of the regulated activity, and the scheduling problems and needs of the regulatory agency: Provided, however, that no constlltation or coordination shall be required In advance of issuance of individual pesticide applicator licenses, but only periodic consultation concerning the overall effect of the applicator licensing program within the coastal area. In its 1975 recommendations, the Commission shall also evaluate the desirability of legislation to provide for coordination of environmental permits at thle option of permit applicants. rin developing its 1975 recollmendations, tile Commission shall rnee.t with all affected State at~encies and( shall hold one or more public hearings concerning its recommendations. (197:3, c. 1284, s. 1; 1975, c. 452, s. 4.) Edior'* Note. - The 197.5 amendment Section i1259,referred to in gubsection suhbitituted "44 month,;- for V? mionths" in the (el, %Aas repealed by Ses-ion L.aws 1975, c. 521. parecnthe'4e-t in the first slentence of '4ulmect ion 4 i As to or,,vftionl; relating to till refining fal facility permit-t, see now � 143-21' -i, I Secion 1f:11) i'- I2, ri'ferred to in sullhv'tIion (c ofi l- 't c~t iln, d,)i nult exist � I 13A-126. Injunctive relief and penalties. -- (at) I'pon, violation of any of tile provi."ois of thill' Article or of any r''gulatmi n. rule or order aldopteld tinder tilt, authorit.y of this Artivcl thev Secretary mnav, either before or after the iri~111,1111oll 'if lrrwu'edhimgs for the- collection or uniy penalty impIIOSed by this Article forsc violation, institute it civil action Iin the G~eneral Court of Justice In t he nme1i of Iit' Stae!;te 11pi 11 thi' re-lation of the Secfretairy for Injun active relief to restrain the violation and for such other or further relief in Ole pfremises as ~a n d couirt shall df *em lproper. INeither thet institution of thev action nor any of the pfroceodings thereon shall relieve any party to such proceedings from any PA tenaltN prescribed try this Article for any violation of same. (h) Upon violation of any of the- provisions of this Article relating to permits fur minor de;'elo pnicuts, issued by a local government, or of any regulation, rule or ordler adopted tiunder the authority of this Article relating to such permits, the delsignated local official maiy, either before or after the institution of proceedings for the collection of any penalty imposedl by this Article for such vioflationi, institute a civil action in thle General Court of Justice in the name of the affected local government upon the relation of the designated local official for injunctive, relief to restrain thle violation and for such other and further relief in the premisies as ,siaid court shall dlewn proper. Neither the institution of the action nor any of the proceedings thereon shall relieve any party to such proceedings fromt any Penalty prescribed by thais Article for any violation of same. (c) Any person who shall be adjudged to have knowingly or willfully violated any provision of this Article, or any regulation, ru!e or order adopted pursuant to this Article, shall he guilty of a misdemanor, and for each violation shall be liable for a penalty of not less than one hundred dollars% ($100.00) nor more than one thousand dollars ($1.000) or shall be imprisoned for not more than 60 days, or both. In addition, if any person continues to violate or further violates, any such provision, regulation, rule or order after written notice from the Secretary' or (in the case of a permit for a minor development issued by a local government) written notice from the designated local official, the court may determine that each day during which the violation continues or is repeated constitutes a searate violation subject to the foregoing penalties. (d) (1) A civil penalty of not more thain one thousand dollars., ($1,000) may be assessed by the Commission against any person who: aIs required but fails, to apply for or to secure a permit required b G.S. 113A-122, or who violates or fails to act in accordance wit~ thle terms, conditions, or requirements of such permit. b. Fails to file, submit, or make available, as the case may be, arny dlocumnents, data or reports; required bey the Commission pursuant to this Article. c. Rtefuses access to the Commission or its duly designated representative, who has sufficiently identified himself by 6,- �113JA-127 113A-12-7 displaying official credlentials. to any premni.,es, not incluaing any occupiedl dwelling hours or curtilage, for the purpose of conducting any investigatio ns provided for in rhis Article. d. Violates any (ilul y adopted rogulation of tho Commissionl imiplementing tilt- pr~I)II(l nsM. of this ArtLICle. I 'ro0'ideid. il()\vter, that this J)ragra Ii) d Haiti] not *ipplv to rvgudW11IT'.Ki 1-01,1111jug t( ininor devulopn iets (2) If an~l action or failure to act for which a penalty may be ks.-ess'd kinder this subsection is willful1 thtj C'olilluns-am may as,,ess a ptnai'i~~ not to exedone thousand dollars (SI .040) for vach sepiarate VIAL111,11. a ft, 'r the first assessment. I rovidt-d. hijwv', or, no penialty shall hi onioo.,011 uinh'r Owii smihbsecton 1-1lii4n c~ire voew of -ike I i~r'~t s.'.''i .LPP-aledl pursuiant U, sm)(i uvi~lorl 13) (() The ('o milipissiori max[ assess t he lI'!ialt'ns provided for- in hils "Lubsecftionl. When Ii. pe('nn~ir r(llpoe;I-, to a5sess a pi'lnal li it SWaII ilotif,, thle persoi wbomii it p rilpi Is- to a~seS5 h% rvjlstd red (Ir certified Inidl of tile plroloial (1) isse-sS a j'ililty, andth e I iE11 tw iCElliill '"pil"Ify tilt rva."oll for-a~e~iti alid I ie dctt. of the JIM 01oseul heai-- ilef AS"C""MonI'it is to he cletcrrinitid T~wl~ ivririv sha IIIw no ~omriv r Hum,~ 1:1 days after thle riuainig (if untice 'I of 4 t i'jrocptmwtila~' it Any hearing shall he buse-d upjOnl cor1 pet emit e-lvid eci. and t he pI'r-on tii (onimi11sSion proposes Lo aSses lhall lie allowed to presenit evide.ncek and the hearing -;hall he reported. The pvrs in asso ssvd niay applv to the superior court of the county' where such pers"on resides- ir revie(.w ot thle hearinig and assemssment andl helt 1eE pi, (if the roi iirt's rvew o(W f the Commointssion's action (which shainti c a review of the amount of tile, as-essment-11, shlall be as, provided in G.8 :-: If the pmersoni assessed frails to pay the arnount of thle ;Is~n' to thilt loepi tmierit of Natural and �Eoll"1iiiC Resou rce-, with in 3l0 dlays a fter rt'Ct'ipt 1)1 notice, or such longer poid riot to exceedl I80 days," as the ('orlinlissioon mtay specify, the (Collilliissioll mlay institute a civil actio n ii thet supjerw r court of thle countv in which the violation occurred or, in the discretion] of the Commission in thle superior court of the counity in which the person assessed resides or has his or its principal place of business;. to recover thle amount of thle assessment. In anyv such civil action, -the scope of the court's review of the Commission's action iwhich shall include a review of the, amount of the assessment), shall be as provided in G.S. 143-315. (4) In determining the amount of the penalty the Commission shall consider the degree and extent of harm caused `6y' the violation anti the cost of rectifying the damage. (197.3, c. 12,84, s. 1) Editor's Not. -Section 1434115, reft-mrid to provisions as to IJudicial re6ie%& of d(-cisions rEf ,n two player in auhuetion (di3). was rel-palt-d administrative ag~encies, -too �� 541A-13 by Seession 1,aws 1U73, c. 1331, s. 2. For prosent through 115IAW.'s �113N-127. Coordination with the federal government. - All State agecies shall keep informed of federal and interstate agency pias aciiis, and procedures within their area of expertise that affect the coastal area. Where federal or interstate agency plans, activities or provedures conflict with State policies, all reasonable steps shall be taken by tihe State to preserve the integrity of its policies. (1973, c. 128.1, s. 1.) � 131A-128 � 113A-l2 � 113A-128. Protection of landowners' rights. - Nothing in this Article authorizes any governmental agency to adopt a rule or regulation or issue any order that constitutes a taking of property in violation of the Constitution of this State or of the United States. (1973, r. 1284, s. 1.) APPENDIX B APPENDIX B STATE GUIDELINES FOR 'LOCAL PLANNING* STATE GUIDELINES FOR AREAS OF ENVIRONMENTAL CONCERN COASTAL COUNTY AEC MAPS Section .0300 of these Guidelines relates to proposed or potential Areas of Environmental Concern and 'were used by local governments in the development of their land use plans prior to the official designation by the North Carolina Coastal Resources Commission of Areas of Environ- mental Concern. TABLE OF CONTENTS Pa State G idelines for Local Planning .............. State Guidelines for Areas of Environmental Concern .................. Coastal County AEC Maps .................... 31 - NER - COASTAL RESOURCES CO0MISSICN 7B .0[00 SUBCHAPTER 73 - LAND USE PLANNING GUIDELINES SECTION .0100 - INTRODUCTION AND SUMMARY .0101 INTRODUCTION The Coastal Area Management Act of 1974 establishes a cooperative program of coastal area management between local and state governments. Under the act local governments are given the initiative for land use planning, and concurrent responsibility for enforcement, but are not responsible for the third phase of the management process; the establishment of areas of environmental concern. The Coastal Resources Commission is convinced that effective implementation of the act depends on providing local government with incentives to participate in the program to the maximum extefit possible. It has therefore responded affirmatively to the recommendation of the coastal resources advisory council to postpone adoption of the interim areas of environmental concern until after local governments have submitted preliminary drafts of their land use plans which are due on November 23, 1975. Accompanying but separate from these preliminary drafts may be maps delineating the proposed areas of environmental concern. This local identification and delineation approach will give local governments the initial opportunity to identify within their jurisdiction the specific areas, described by general category in these guidelines, where particular scrutiny should be given by designated local officials and/or the Coastal Resources Commission before development plans are implemented. These amended state guidelines are designed to make possible this further involvement of local government in the coastal management process, and to simplify and clarify other points on which there appeared to be confusion. History Note: Statutory Authority G.S. 113A-107(a); Eff. February 1, 1976. .0102 OBJECTIVES The purpose of these state guidelines is to assist local governments in each of the 20 coastal area counties with the preparation of their own individual land use plant. Each county and each city or town within a coastal county is encouraged to develop a plan which reflects the desires, needs and best judgment of the citizens residing within its boundaries. When completed these 20 individual county land use plans will form the basis for a "comprehensive plan for the protection, NORTH CAROLINA ADMINISTRATIVE CODE - 32- NER - COASTAL RESOURCES COMMISSICN 7B .0100 preservation, orderly development, and management of the coastal area of North Carolina, " which is the primary objective of the Coastal Area Management Act of 1974. It is, therefore, essential that each of the municipal plans and each of the 20 county plans not only take into consideration the geography, the economy and the traditional life style of the local area, but is also in harmony with the plans developed by the other 19 coastal counties and takes into consideration both state and national interests. In this way the people of the coastal area, working through their local officials and with the assistance of professionally trained specialists, can realize the goals of the Coastal Area Management Act of 1974. A problem arises at the very outset, however, because the Coastal Area Management Act is such a detailed and lengthy document few coastal residents have--read it, and fewer still have studied it sufficiently to fully understand it. Yet, the act requires the development and adoption of a land_ use plan fcr each county in the coastal area, and further requires that each county plan conform to state guidelines, which' in turn "shall be consistent with the goals of the coastal area management system," as set forth in that first part of the act Thus, it is essential for any local official or any coastal citizen involved in developing a local land use plan to.!~ understand the legislative goals of the management system as?,- stated in G.S. 113A-102(b). Briefly, they are: ({) to provide a management system capable of preserving and' managing the natural ecological conditions of the-" estuarine system, the barrier dune system, and they i beaches, so as to safeguard and perpetuate their natural.- productivity and their biological, economic and aesthetic values; (2) to insure that the development or preservation of the lan4' and water resources of the coastal area proceeds in a:" manner consistent with the capability of the land and- water for development, use, or preservation based on. ecological considerations; (3) to insure the orderly and balanced use and preservation o�' our coastal resources on behalf of the people of Nortli Carolina and the nation; 44) to establish policies, guidelines and standards for th conservation of resources; the economic development of the coastal area; the use of recreational lands and tourist facilities; the wise development of transportation at circulation patterns; the preservation and enhancement oa. historical, cultural and scientific aspects of the region;y H CAROLINA ADMINISTRATIVE CODE 3 33 NER - COASTZAL RESOUR~CES COMMISS~CN 7fl .0100 and the Protection Of common law and public rights in the lands and waters of the coastal area. History Note: Statutory Authority G.S. 133A-107(a); Eff. February I * 1976. .0103 POLICIES The basic policy decisions in any effective program of county- wide land use planning must be made within the county -- by people familiar with local tradition, local problems and local desires for the future. Though the final determination of policy is the responsibility of the elected officials, the process extends far beyond the courthouse. Within the structure of county government the planning board is obviously involved, though it is equally important to have input in their areas of special knowledge from all other agencies of government ranging from the sheriff, tax supervisor and tax collector to the board of eduction and school administrators, and the health and social services departments. Equally important is the involvement of the city council, and of departments, boards and commissions of each incorporated municipality, not just with regard to the lands within their city limits, but in adjoining area's as well. Finally, it is important to secure the views-'of a wide cross section of citizens, representing not only each different geographical area of the county, but those who-can ably represent the varying economic, social, ethnic and cultural interests as well. once widespread local input is assured, the task becomes one of identifying those matters on which local value judgments are needed. In any community there is a drive for growth and changes which can provide the -facilities, services and strengthened economic base which most people equate with a full and happy life. At the same time there is mounting concern over human meddling with the ecological balance. And many tend to prefer the environment in which they were reared in coastal North Carolina to the more frenzied and complex life style-of more urbanized sections of the country. Each of these factors must be weighed carefully before decisions can be made which will help shape the form of life for generations yet unborn. For example, if a large part of the land in a coastal county has been put to use as farmland, with the result that agriculture has been the mainstay of the economy for generations, then the decision must be mad,: whether to retain this traditional emphasis on farming; or to allow limited industrial expansion; or to abandon the agricultural base entirely. The same considerations NORTH CAROLINA ADMINISTRATIVE CODE 3 34- NER - COASTAL RESOURCES C:O,'1ASS1CN 78 .0100 apply in areas where commercial fishing, forestry or tourism have figured prcminently as an economic base. The very fact that coastal North Carolina has such an extensive shoreline, along the sounds, rivers and bays as well as the Atlantic Ocean, has brought extreme pressures in recent years to accommodate the growing numbers of tourists and summer residents drawn to the area. Yet at the same time that many coastal communities have experienced the benefits of the flow of tourist oriented dollars, they have most often been affected as much by the attendant problems of providing water, waste disposal facilities, roads, police protection and numerous other services, unthought of a few years back,.for the growing throngs. These are the questions which must be decided locally using land use planning as the basic tool. A key factor to bear in mind at all times in this process is the number of people the local area wants to accommodate eventually. It planning in a particular area is geared to handle a population of 100,000 people, and through the course of time that number take up residence, then there is a good chance of coping with the problems attendant on growth. But if a million people eventually show up in an area geared to handle one-tenth of that number, then the whole planning process will have been useless. it should be borne in mind throughout the planning process that the county and municipal plans must take into consideration not onl'y local and area needs, bat state and national interests as well. Fortunately for local governments, given the restraints of available time and funds, one important matter of policy throughout the coastal area was determined by the General Assembly when the Coastal Area M~anagement Act of 1974 was enacted into law. This was the specific instruction to the Coastal Resources Commission to identify critical areas which need to be considered for protection and possible preservation in each county; and to formally designate them as "areas of environmental concern,"l in which any proposed development, change or other use of the land will be subject to review before permits for development are granted. Local governments are required to identify proposed AEC's for inclusion in their land use plans. Under the amended procedure recommended by the coastal resources advisory council and approved by the C.R.C., local governments will be given the additional opportunity to delineate proposed AEC's on maps to be submitted concurrently with but considered separate from the preliminary land use plans. The C.R.C. will soon after the identification and delineation by the local governments promulgate interim and subsequently final areas of environmental concern taking careful note of the local governments' identifications and delineations. NORTH CAROLINA ADMINISTRATIVE CODE 7 3 35- NER - COASTAL RESOURCES COMM~ISSION 78.0100 Simply stated, the ultimate policy decision is how to achieve r-esponsible and need,:d growth within the capacity of the land and adjacent waters to sustain it. The framers of the Coastal Area Managemenlt Act of 19714 deliberately placed this decision in local hands. When properly carried forward the land use planning process n~ever cease-sr for it is continually affected by changes in population, economics, technological development and life style. As an obvious example, any land use plan developed before the invention of the automobile would have to be revised drastically to take into consideration the need for highways and the impact of motor vehicles on the way people live and haw they earn their living. Each of the local land use plans called for in the Coastal Area mianaqement Act of 1974, therefore, can be no more than a foundation to which future planning can be added in the light of our rapidly changing environment. The Coastal Resources commission recognized this, and recognized also the problems resulting from the required time schedule for completion of local plans, and the limitations of available funding. But the commission is equally aware that this e:ntire effort will have been wasted if each local government does not produce a land use plan which will serve as a solid foundation for the future. History Note: Statutory Authority G.S. tI3A-107(a); Eff. February 1, 1976. .0104 STANDARDS Traditionally the process of developing a land use plan begins with the ccllection of a vast amount of data, ranging from figures on population and income to maps showing topography, soil classification and current land uses. This is generally followed by a detailed analysis of the collected data, the development of local objectives, preparation of new maps, and the drawing up of plans and budgets for the construction of new facilities to accommodate the projected expansion and growth. It is a time consuming procedure, the culmination of which most often is the printing of thick documents containing a mass of written material, maps and charts. U~nfortunately these are infrequently read, and seldom studied and implemented, and in many cases they end up stored in the basement of the courthouse for posterity -- or the tra~sh collector. The Coastal Area Management Act does not provide sufficient time for the local governments of coastal North Carolina to follow these traditional land use planning practices if they are NORTH CAROLINA ADMINISTRATIVE CODE 3 36- NER - COASTAL RESOURCES CORMISSION 7B .0100 to complete their basic plans by the May 1976 deadline. Neither does the Coastal Resources Commission want any local government to go through the motions of preparing a traditional. but relatively meaningless plan just to conform to the requirements of the act ana these guidelines. Therefore, every effort has been made in these guidelines to rearrange, simplify and streamline the procedures, so that none of the 20 coastal counties will be required to do more during the course of the 1975-1976 planning effort than it can realistically expect to accomplish in that period of time. The basic objective, in short, is for each local governmental unit in the coastal area to determine its long-range development goals and translate these into clearly understandable written descriptions and maps which will serve as a firm foundation and practical guide for all future planning and development. Specifics of this planning process are dealt with in the following 11 sub-sections of this Rule: (I) Developing Goals. From the outset the emphasis of the citizen planners; county commissioners, city officials, planning board members and citizens serving on advisory committees; should be directed toward formulating the local development plan. This calls first for the involvement of a large segment of the citizens in determining what they want their area to be like for future generations, and finally for va~lue judgments by the local governing body in the process of articulating the goals. Only when these general policies and goals have been set will the planning process move into the area of data analysis, map preparation and development of the Specifics of the plan. (2) Organizing the Team. In any area, county or city, the team setting out to put together an understandable and meaningful land use plan must consist of a number of elements: (a) The Local Elected Officials. They head the team and most often delegate direct responsibility to the planning board, but retain final authority for approval of the plan. (b) The Planning Board. it should be composed of individuals representative of different backgrounds, intarests and geographic areas. A successful planning board directs the planning operation, with the assistance of the planning staff or consultants, and this calls for extensive study and continuing involvement in the process by all members. Individuals not able or willing to devote a large part of their time to this public service activity during 1975-1976 NORTH CAROLINA ADM~INISTRATIVE CODE ?-,7 3 37- ER-COASTAL RESOURCES C0�!IISSION 7B .0100 will do a disservice to their counties and their fellow citizens by being planning board members in name only. (c) The Coastal Resources Advisory Council Members. These are local citizens whose role an the planning team is liaison with the Coastal Resources Commission. (d) Professional Planners. Whether on salary or under contract, they are paid to assemble data, analyze information, identify problems, prepare maps, charts and background reports, and provide assistance and professional guidance to the citizen planners. It is not their job to make policy decisions, or to dom-inate the planning process. A number of coastal counties, municipalities and special districts already have various plans and studies which contain extensive data pertinent to the planning process. In addition, considerable additional data has been assembled since the CANIA became effective July 1, 1974, and local planning staffs will continue the process of accumulating maps, written material and statistics as the plan develops. M1uch of this material will come, without local effort or expense, from the CRC, DKER, other departments of state government, and agencies of the federal government. (e) Representatives of Local Public Agencies.. The experience and knowledge of these officials and department heads can add immeasureably to the planning process as well as helping to insure that the land use decisions they make in their own activities are consistent with county-wide goals and policies. The most effective way to involve representatives of the various agencies within the county is to have them serve on an advisory council which meets on a regular basis. Coordina~tion between county and city governments is perhaps of even greater importance and is discussed in more detail in Rule .01014((&) of this Section. (f) State and Federal Agencies. Especially in counties which have extensive state and federal installations or land holdings it is important to involve all agencies with a direct interest or expertise in local land use problems. obvious examples are the National Park Service, defense installations, and the state divisions of parks and of forests. in all-counties there is involvement by other agencies, especially those concerned with dredge and fill applications and other permits. NORTH CAROLINA ADMINISTRATIVE CODE - 38- NER - COASTAL RESOURCES COMMISSION 7B .0100 (g) Citizens. Their invclvement is probably the most essential ingredient of a successful land use planning program. Not only is it difficult, if not impossible, for a handful of elected officials and planners to develop a long-range land use plan which fully reflects the desires and needs of all citizens, but it has been proven time and again that when citizens are not directly involved in the planning they are reluctant to support the actions and funding required for future implementation. Citizens can be involved in two different ways. First, some counties already have -formed county-wide advisory committees, working with their planning boards and planners on a continuing basis. Second, it is essential to involve a large segment of the citizens throughout the county as described in (3) of this Rule. (3) Achieving Public Participation. Because of the importance of public participation in land use planning the commission has prepared a special "Handbook on Public Participation in the Development of Land Use Plans in the Coastal Areas of North Carolina" for separate publication and extensive distribution to all involved or interested citizens. The handbook contains detailed descriptions of methods which have proven effective elsewhere in each of the two basic steps necessary for effective public participation; first informing the public, and then getting public involvement in the planning program. Before approval of any land use plan the commission will require that the plan include a statement outlining the methods employed in securing public participation; and the degree of that participation. (4) Effecting County-City Relationships. In the final analysis the individual plans for the municipalities are an important part of the overall county plan. It is imperative, to devise some method for having representatives of municipalities serve on a permanent advisory council. The relationship of cities to counties, and of counties to cities, is one not fully defined in the Coastal Area Management Act. Many additional questions will arise which are not covered in the CAMA and cannot be anticipated in these guidelines. Specific questions on coordination must therefore be worked out locally. Already, in some counties, a close working relationship is being developed between the county and city planning boards, and similar coordination and cooperation is essential to the pl-anning process throughout the coastal area. Just as it will be the responsibility of the CRC to NORTH CAROLINA ADMINISTRAtiVE CODE - 3 9- HER -COASTAL RESOURCES COMMI~SSION 7B .0100 mesh the individual plans from all 20 counties into a single comprehensive plan for the entire coastal area of North Carolina, it is the responsibility of local governments within each county to combine their plans into a single comprehensive county-wide plan. The official policy of the commission on county-city planning relationships is as follows: "It is the policy of this commission that in every instance city plans shall be considered as integral parts of the county plans." "1It is the further policy of this commission to encourage cities which so desire to develop their own land use plans, carefully coordinated with county plans prepared in the manner provided in the Coastal Ar~ea Mianagement Act of 1 974."1 To implement this policy the CHC recommended, and the Secretary of DNER has authorized, the allocation of grant funds to qualifying cities for this purpose. Further, the commission and the coastal resources advisory council are available to work with local governments in developing cooperative programs. (5) Preparing a Time Schedule. The CAMA, as amended, provides that the commission must adopt these guidelines no later than January 27, 1975, and that each locality must complete the Prreparation and adoption of its land use plan within 480 days thereafter. The effective date for these guidelines is January 27, 1975, which means that the local plans must be adopted by May 21, 1976. This amended schedule provides an excellent opportunity for the local governments to solicit additional public input and participation in the planning process. The schedule also provides the opportunity for local governments to submit their preliminary land use plans to the CRC for an informal review before the plans are presented at the required public hearing. The CRC has identified a few key dates by which times local governments will have completed certain actions in the planning process and these are: August 7, 1975 -- EacK local government must submit to the CRC a detailed program schedule which gives the date by which: (a) The development of local goals will have progressed sufficiently to begin the preparation of the written part of the plan; (b) The proposed plan should be completed for review by local officials and appropriate agencies; (c) The proposed plan must be completed and circulated for formal review (Hearing notification must be published NORTH CAROLINA AD51HIISTRATIVE CODE - 40 - NER - COASTAL RESOURCES COMMISSION 7B .0100 in a newspaper of general circulation in the planning area giving the date, time and place of the hearing.); (d) One joint public hearing will be held where the county plan and one or more city plans (if applicable) are presented and comments received; (e) Work should begin on making final changes in the plan, including those resulting from the public hearing. November 23, 1975 -- Three copies (one copy with maps and two text copies without maps) of the plan with synopsis shall be submitted to the CRC for informal review. The preliminary drafts should be accompanied by local delineation of proposed areas of environmental concern. May 21, 1976 -- This is the deadline for adopt-ion of the plan. May 24, 1976 -- A certified copy of the adopted plan with maps shall be delivered to the commission. June 1, 1976 -- Three additional copies (with maps) of the plan shall be delivered to the commission. (6) Protecting Areas of Environmental Concern. "They (State Guidelines) shall give particular attention to the nature of development which shall be appropriate within the various types of areas of environmental concern that may be designated by the Commission." (Coastal Area Management Act of 1974,' G.S. {{3A-107(a)] The act contains detailed procedures to be followed by the- Coastal Resources Commission and others before areas of environmental concern can be designated; but no time schedule is included. The first step in the AEC process, identifying proposed areas of environmental concern, was begun in the summer of 19'4 and will not be completed until after local governments have submitted their proposed AEC identifications and map delineations on November 23, |975. The commission will then formally designate interim'areas of environmental concern as early as practical after that November date. The final steps required by the act are even more time consuming, which means there is little likelihood that permanent areas of environmental concern could be designated by the commission before sometime in 1976. The commission has, however, developed land use standards to insure that potential IAEC's are adequately considered in the land use planning process. These standards, which are set forth in Section .0300 of this Subchapter, clearly define each area and establish policy objectives and general standards for their appropriate use. They are intended for use in the preparation of local land use plans. More detailed standards and criteria to be used in permit letting will NORTH CAROLINA AD1INISTRATIVE CODE 7- - 4 1- NER - COASTAL RESOURCES COMMISSICN 7B .0100 be published at a later date as an amendment to these guidelines. (7) Preparing the Plan-, Format and Content. "A land use plan for a county shall-.consist of statements of objectives, policies, and standards to be followed in public and private use of land within the county, which shall be supplemented by maps showing the appropriate location of particular types of land or water use and their relationship to each other and to public facilities... (it shall contain) specific criteria for particular types of land or water use in particular. areas.-..(and) give special attention 'to the protection and appropriate development of areas of environmental concern.-.." [Coastal Area Management Act of 1974~, G.S. 113A-110(a) ] So long as the directives from the act listed in this Rule are followed the commission has wide latitude in establishing guidelines for what an acceptable land use plan shall consist of, and for the form it should take. The commission is exercising that latitude by departing from conventional land use plan concepts and calling instead for simplicity and innovation in these guidelines with the conviction that the resultant plans will be brief and. understandable, and thus practical and meaningful. An approved plan shall consist of two documents, one being a complete land use plan for limited distribution to those who will be involved in implementation and follow-up, and the other a concise synopsis for wide distribution to the public. The commission may give relief to local governments from the synopsis requirements, if the commission determines that the material relating to the local government is adequately included in the synopsis of another local government. The synopsis shall contain a clear summation of the essential elements of the long- range land use program prepared by the citizens. The complete laud use plan shall contain the synopsis, supplemented by considerable additional detail and back-up information. A single copy of the preliminary draft of the synopsis, land use plan and the proposed AEC delineation maps shall be submitted to the C1RC for informal review by November 23, 1975. As soon as the draft of the synopsis is returned by the commission and any suggested revisions are made, each county' and city shall arrange for public exposure and scrutiny of the synopsis draft with maps to the maximum degree possible. This public review may utilize the media, presentations before neighborhood meetings, clubs, and organizations and/or any other methods which might be considered NORTH rAROLINA KDOINISTRPLTIVE CODE - 42 - NER - COASTAL RESOURCES COMMISSION 7B .0100 effective. The final synopsis shall be prepared only after such public exposure is carried out and revisions are made which take into consideration the reactions of the citizens of the area. Both the synopsis and the complete land use plan shall be adopted by the local governing body on or before May 21, 1976, and submitted to the Coastal Resources Commission. These two documents represent only the beginning of a continuing planning process, and the commission anticipates that additional studies will be necessary to strengthen and implement the plan. Local governments are encouraged to forward these additional planning documents to the ccmmission as they are developed. Map reguirements for the synopsis and complete land use plan are shown in Figures I and II (of this Rule). Map requirements shown .in Figures I and II (of this Rule) for the November draft may be optional if a local government's map work is presently well advanced; all other map requirements shown in Figures I and II of this Rule shall be mandatory. FIGURE I SUMMARY OF MAP REQUIREMENTS COMPLETE LAND USE PLAN AEC DELINEATION MAP FOR CRC LAND USE MAP LAND CLASSIFICATION MAP County: County: County: I" = 2 mi Color Coded I" = 2 mi Color Coded 1:24,000 Orthos Map Map (or equivalent) OR OR with boundary 1:24,000 Orthos (or 1:24,000 Orthos (or lines and letter equivalent) with equivalent) with code (single boundary lines and boundary lines and color for bound- coded (letter or letter code ary lines and number code) letter code optional) City: City: City: I" = 400' or equiva- i" = 400' or equiva- I" = 400' or lent color coded map lent color coded map equivalent map reduced to report reduced to report size with boundary NORTH CAROLINA ADMINISTRATIVE CODE -43 - NER - COASTAL RESOURCES COMMISSICN 7B .0100 size OR lines and let- OR 1" = 400' or equiva- ter code I" = 400' or equiva- lent map with bound- OR lent with boundary ary lines and letter 1:24,000 Orthos lines and coded code (or equivalent) (letter or number OR with boundary code) 1:24,000 Orthos (or lines and letter equivalent) with code (single boundary lines and color for bound- letter code ary lines and letter code optional) County: County: 1" = 2 mi Color Coded [' = 2 mi Color Coded Map Map OR OR 1:24,000 Orthos (or 1:24,000 Orthos (or equivalent) with equivalent) with boundary lines and boundary lines and coded (letter or letter code number-code) City: City: I" = 400' or equiva- 1" = 400' or equiva- lent color coded map lent color coded map reduced to report reduced to report size size OR OR I" = 400' or eguiva- I" = 400' or equiva- lent map with bound- lent map with bound- ary lines and coded ary lines and letter (letter or number code code) OR 1:24,000 Orthos (or equivalent) with boundary lines and letter code FORTH 'AR";,INA ADMINISTRATIVE CODE - 44 - NER - COASTAL RESOURCES COMMISSION 7B .0100 FIGURE II SUMMARY OF MAP REQUIREMENTS SYNOPSIS LAND USE MAP LAND CLASSIFICATION MAP November 23* County: County: I" = 2 mi color coded map I" = 2 mi color coded map OR I" =2 mi map with boundary lines and letter code City: City: I" = 400' or equivalent color I" = 400' or equivalent color coded map reduced to report code map reduced to report size size OR I' = 400' or equivalent reduced to report size with boundary lines and letter code May 24 and June I* ** County: County: I" = 2 mi color coded map I" = 2 mi color coded map OR I"= 2 mi map with boundary lines and letter code City: City: !" = 400' or equivalent color If' = 400' or equivalent color coded map reduced to report coded map reduced to report size size OR = 400' or equivalent reduced to report size, with boundary lines and letter code Printed Synopsis County: County: NORTH CAROLINA ADMINISTRATIVE CODE - 45- NER - COASTAL RESOURCES COMMISSICN 7B .0100 ", 2 mi color coded map I" = 2 mi color coded map City: City: I" = 400' or equivalent color I" =T 400' or equivalent color coded map reduced to report coded map reduced to report size size *Mlaps may be colored. **Submit mockup to represent copy for the printed synopsis. (a) Synopsis. The synopsis shall contain an identification of the major land use issues or problems in the area, a clear statement of land use goals and objectives, and an explanation of how and why the long-range goals were developed. This should be backed up with a summary of past and present land use conditions and trends and an existing land use map as described in 7B .0204(a) of this Chapter. Particular attention should be given to the capability of the land to sustain whatever growth is called for, with emphasis on the limitations of the natural resources of the area. Mention should be made also of desired changes in population, 5, {0, 25 and 50 years in the future, with attention given to the type of services needed to accommodate such growth. The written synopsis shall also contain a copy of the land classification map with an explanation of the relationship between the cities and the county. A separate section shall list the proposed areas of environmental concern categories occurring in the respective jurisdictional area, describe their relationship to adjacent areas, and appropriate land uses. Finally, the written synopsis shall contain a concise explanation of the steps which will be required in the future for implementation of the plan; a method of providing periodic review and revision in the light of changes in life style, the environmental and economic pressures; and a proposed method for widespread distribution of the synopsis. In the interest of greater public participation in the planning process, the commission may allow a local government to deviate from the aforementioned synopsis format in favor of an innovative format which would increase public understanding and awareness of the plan. The local government must formally request the NORTH CAROLINA ADAtINISTRATIVE CODE NER - COASTAL RESOURCES CONLIISSICN 7B .0100 fo rat change and in so doing demonstrate to the commission how the change would increase the public's understanding of the plan. The commission will only allow a format change for reasons of increased public participation and not for the convenience of the local government or contractor. The written text of the synopsis shall be no more than the equivalent of 20 double-spaced typewritten- pages in length. For purposes of economy in printing the synopsis, DNER will develop additional copy form and preparation criteria which local government shall follow in the preparation of the synapsis. This criteria will only consist of the "mechanics" necessary for preparing the synopsis and will include such items as copy size, color overlay techniques, general map placement, etc. (b) The Complete Land Use Plan. Details on the contents of the land use plan are given in Section .0200 of this Subchapter. (8) Classifying Land. A simplified land classification system for the coastal area has teen adopted by the CRC after concurrence with the state land policy council. It consists of five classes of land, which shall be employed by counties in their land use plans: (a) developed; lands where existing population density is moderate to high and where there are a 9ariety of land uses which have the necessary public services; (b) transition; lands where local government plans to accommodate moderate tc high density development during the following }0 year period and necessary public services will be provided to accommodate that growth; (c) community; lands where low density development is grouped in existing settlements or will occur in such settlements during the following 10 year period and which will not require extensive public services now or in the future; (d) rural; lands whose highest use is for agriculture, forestry, mining, water supply, etc., based on their natural resource potential; Also included are lands for future needs not currently recognized; (e) conservation; fragile, hazard and other lands necessary to maintain a healthy natural environment and necessary to provide for the public health, safety, or welfare. (9) Reviewing and Approving the Plan. Each plan will be reviewed carefully by the commission and staff as soon as possible dfter receipt. In compliance with the CAMA interested persons will be given the opportunity to NORTH CAROLINA ADmIINISTRAtIVE CODE - 4 7- NER - COASTAL RESOURCES COq1ISS1CN 7B .0100 present objections or comments, in writing, within 30 days after the date of approval by the local governing body. within 45 days after receipt of the local plan, the commission will approve the plan or notify the county of the specific changes which must be made in order for it to be approved. (10) Distributing the Plan. Every effort should be made to provide a copy of the synopsis of the land use plan for each household in the county. It is recommended that the county arrange to mail a copy of the synopsis to each li~ted' taxpayer during the calendar year of 1976. This can be enclosed with the annual tax bill, though it would be preferable to provide for -an earlier mailing. Alternative methods of accomplishing widespread distribution should be proposed to the commission when tit approved plan is forwarded. After the plan is adopted by the local governing body, and approved by the commission, copies of the maps included in the final land use plan shall be placed on display in the county courthouse or city hall, as appropriate. The timing of the display should be coordinated with distribution of the county and/or city synopsis. This display can allow detailed public inspection of the land use plan maps and thereby promote'additional public awareness and interest in the synopsis and resultant planning program.. (I)The Continuing Planning Process. Too frequently in the past counties and municipalities, in North Carolina and elsewhere, have expended considerable effort and public funds in developing land use plans, and then shelved them. In many instances a coot cause for failure to implement such a plan has been the fact that there was inadequate citizen involvement; first in not being informed of the problems; second in not becoming actively involved in the planning process; and finally in not being familiar with the plan once it was completed. An equally pertinent reason for non-implementation is the process by which county commissioners and municipal officials are elected, and planning board members are appointed. Too often by the time a plan has been completed and printed the individuals who worked hardest an it are no longer in office and their successors have their bands full familiarizing themselves with their new jobs and current problems. This is the first attempt in North Carolina, and apparently in any of the other 419 states, to provide for the development of land use plans simultaneously by a large number of counties and municipalities in a large geographic area. it gives the CRC and local government in NORTH CAROLINA ADMINISTRATIVE CODE NER - COASTAL RESOURCES COMMISSICN 7B .0100 coastal North Carolina a unique opportunity to develop land use plans which can serve as a standard for numerous other areas to follow. Thus it is imperative for each involved agency of local government to devise the most practical and applicable methods for insuring that the 1976 land use plan will be implemented and not shelved. History Note: Statutory Authority G.S. 113A-107(a); Eff. February I, 1976. NORTH CAROLINA ADMINISTRATIVE CODE - 48 - NER - COASTAL RESOURCES COMMISSICN 7B .0200 SECTION .0200 - LAND USE PLAN .0201 INTRODUCTION The land use plan shall contain the following basic elements: (1) a statement of local land use objectives, policies and standards; (2) a summary of data collection and analysis; (3) an existing land use map; (4) a land classification map; (5) written text describing and indicating appropriate development for proposed areas of environmental concern. (Maps delineating proposed ABC's should accompany the preliminary land use plan but will not be considered a part of the plan.) The constraints -imposed by statutory time schedules will require the land use plans produced under the provisions of the Coastal Area Management Act to be basic, simplified documents. These five elements represent a minimum level Qf planning necessary to fulfill the objectives of the act. Counties and municipalities are encouraged to use these minimum guidelines as a foundation from which to establish a more comprehensive planning and management process. While the land classification system permits a general expression of future development patterns, some counties may find it useful to formulate a detailed land use map as well as the land classification map. Those desiring to take this additional step are encouraged to do so, and are requested to make their detailed land use manuscript maps available for commission inspection. The scale of submission for maps should be adequate to present existing land use data and the land classification system with reasonable accuracy, but in no case should they be submitted at a scale of less than I" = 2 miles. For the delineation of interim areas of environmental concern, use and submission of the 1:24,000 scale orthophotoquads (or their equivalent substitutes in the few instances where they are not available) will be necessary in most cases to generally indicate their location (see Figures I and II of 15 NCAC 7B, Rule .0104). The local land use plan, including the land classification maps, must be updated every five years. If any local plans and maps are not updated by the local planning unit and submitted for reapproval to the Coastal Resources Commission by the end of six years, the plans and maps are voidable and updated plans and maps may be prepared by the CRC for use in that local area. History Note: Statutory Authority G.S. 113A-107(a); NORTH CAROLZi,4, ADMINISTRATTVE CODE - 49 - NER - COASTAL RESOURCES COMMISSICN 7B .0200 _4410-dr Eff. February ,, 1976. .~0202 STATEMENT OF OBJECTIVES, POLICIES AND STANDARDS The local planning unit shall, in cooperation with its citizens and all relevant public agencies, identify the major land use issues facing the planning area and formulate a series of objectives to help guide future development. The major land use issues which will be faced during the following 10 year period should be identified and analyzed. Such issues should include: (I) the impact of population and economic trends, (2) the provision of adequate housing and other services, (3) the conservation of productive natural resources, (4) the protection of important natural environments, (5) the protection of cultural and historic resources. Alternative approaches for dealing wtih these issues and their respective implications should then be considered in the development of land use objectives, policies and standards. These clearly stated objectives, policies and standards should serve as a guide to classifying land areas as well as clearly establishing priorities for action during the planning period. While the emphasis is to be on setting priorities for the 10 year period, eventual population projections for 5, 1O, 25 and 50 years in the future shall be defined consistent with the desires of the people and the capability of the land and adjacent waters to sustain them. Consideration shall be given-to the type and cost of services needed to accommodate those population projections and to the ability of the local economy to finance such services. It is recognized that projections for 25 and especially 50 years may not be very accurate, but even a rough projection can provide a long-range perspective on growth. A brief description shall also be given of the process used to determine objectives, policies and standards, with particular attention given to the participation of the public and relevant public agencies. History Note: Statutory Authority G.S. 113A-107(a); Eff. February {, 1976. 0203 DATA COLLECTION AND ANALYSIS (a) The data collection and analysis items detailed in this Rule are designed to encourage consistency in the planning efforts of the coastal counties to facilitate the commission's review of the plans. They have been formulated so as not to place a large burden on the planning resources of the localities. The requirements can generally be fulfilled by utilizing existing local plans and studies as well as information provided by regional planning bodies and state agencies. The items set forth NORTH CAROLINA ADMINISTRATIVE CODE - 50- NER - COASTAL RESOURCES COftMISSICN 7B .0200 here provide the basic information necessary to initiate an effective planning process, to assist in formulating loc]al objectives, and to prepare a land classification map. Those counties and municipalities desiring to be more detailed or comprehensive than these guidelines suggest are encouraged to do so. Figure III in (b) of this Rule briefly sets forth the required items and illustrates possibilities for additional planning studies. The process suggested by the data items outlined in (b) of this Rule begins with an examination of the present situation. An estimate is then made of what land use demands are likely to be placed on the planning area during the ensuing 10 year period, based upon population and economic projections'and upon local objectives. The implications of the projected future are examined and balanced against the suitability of the lands within the county for development and the capability of government to provide basic public services and facilities. The final step in the process is land classification, which involves determining which land-s within the county are to be developed with urban services, which are to continue growing as small communities, which are to be used for rural productive purposes, and which are to be conserved and left largely undeveloped. The summary of the data collection and analysis submitted as part of the land use plan shall indicate the manner in which the data was assembled and analyzed along with a statement of the major conclusions. This summary shall also demonstrate that each data item discussed below was considered in formulating the plan, based upon the best information available. Base maps to be used for displaying the data and for preparing the land classification map will be provided by the Department of Natural and Economic Resources. (b) Present Conditions. (I) Present Population and Economy. A brief analysis of the local population and economy shall be made utilizing existing information. Particular attention should be given to the impact of seasonal populations and to economic activities which utilize, are dependent upon, or which C may impair coastal land and water resources. (2) Existing Land Use. Existing land use shal1 be mapped and analyzed, with particular attention given to: (A) significant land use compatibility problems; (B) major problems which have resulted from unplanned development, and which have implications for future land use; NORTH CAROLINA ADMINISTRATIVE CODE - 51 NER -COASTAL RESOURCES COMMISSION 7B .0200 (C) an identification of areas experiencing or likely to experience major changes in predcminant land uses; (D) areas of environmental concern (not to be mapped on existing land use map). Because of the benefit uniformity will provide in maps of existing land use, the generalized categories and color coding set forth in Figure IV in this Rule shall be used. These categories are generalized and are designed to be compatible with those suggested by the U.S. Department of Interior. The use of more detailed breakdowns of these basic categories is encouraged if appropriate (see Figures I and II, 15 NCAC 7B .0|04). (3) Current Plans, Policies and Regulations. This element shall contain: (A) a listing and summary of existing plans and policies having significant implications for land use, including at least transportation plans, community facilities plans, utilities extension policies, open space and recreation policies, and prior land use plans and policies; (B) a listing and brief description of the means for enforcement of all existing local land use regulations; The following regulations shall be discussed, where applicable: zoning ordinance (including amendments), subdivision regulations, floodway ordinance, building codes, septic tank regulations, historic districts, nuisance regulations, dune protection, sedimentation codes, and environmental impact statement ordinances; (C) a listing and summary of relevant state and federal regulations affecting coastal land and water resources (to be provided by the Department of Natural and Econ'bmic Resources). (c) Constraints; Land Suitability. A analysis shall be made of the general suitability of the undeveloped lands within the planning area for development, with consideration given to the following factors: physical limitations for development, fragile areas, and areas with resource potential. These factors shall be analyzed, and where possible mapped, based upon the bast information available. The major purpose of this analysis is to assist in preparing the land classification map. It is recognized, however, that some of the areas identified as a result of the land suitability analysis may be designated areas of environmental concern. Any areas so designated as AEC's shall be subject to the detailed requirements of Section .0300 of this NORTH CAROLINA ADMINISTRATIVE CODE - 52- NER - COASTAL RESOURCES COMISSIGCN 7B .0200 Subchapter in addition to the analysis carried out under this Subsection: (I) Physical Limitations for Development. An identification shall be made of areas likely to have conditions making development costly or causing undesirable consequences if developed. The following areas shall be identified: (A) hazard areas: man-made (for example, airports, tank farms for the storage of flammable liquids, nuclear power plants) natural, including: (i) ocean erodible areas (as defined in Section .0300; (ii) estuarine erodible areas (as defined in Section .0300 of this Subchapter); (iii) flood hazard areas: riverine (floodplains and floodways), coastal floodplains (as defined in Section .0300 of this Subchapter); (B) areas with soil limitations, including the following: (i) areas presenting hazards for foundations; (ii) shallow soils; (iii) poorly drained soils; (iv) areas with limitations for septic tanks including both areas that are generally characterized by soil limitations, but within which small pockets of favorable soils do exist; and areas where soil limitations are common to most of the soils present; (C) sources of water supply, including: (i) groundwater recharge areas (bedrock and surficial), (ii) public water supply watersheds, (iii) wellfields; (D) areas where the predominant slope exceeds 12 percent; (2) Fragile Areas. An identification shall be made of those areas which could easily be damaged or destroyed by inappropriate or poorly planned development. The following shall be considered (as defined in Section .0300 of this Subchapter): (A) coastal wetlands; (8) sand dunes along the outer banks; (C) ocean beaches and shorelines; (D) estuarine waters; (E) public trust waters; (F) complex natural areas; (G) areas that sustain remnant species; NORTH CAROLINA ADMINISTRATIVE COL -53- NER - COASTAL RESOURCES COMMISSION 7B .0200 (H) areas containing unique geologic formations; (I) registered natural landmarks; (J) others not defined in Section .0300 of this Subchapter such as wooded swamps, prime wildlife habitats, scenic and prominent high points, etc.; (K) archeologic and historic sites; (3) Areas with resource potential, including: (A) productive and unique agricultural lands, including: prime agricultural soils, potentially valuable agricultural lands with moderate conservative efforts, other productive or unique agricultural lands; (B) potentially valuable mineral sites; (C) publicly owned forests, parks, fish and gamelands, and other non-intensive outdoor recreation lands; (D) privately owned wildlife sanctuaries; (d) Constraints; Capacity of Community Facilities. An identification shall be made of: (1) existing water and sewer service areas; (2) the design capacity of the existing water treatment plant, sewage treatment plant, schools, and primary roads; (3) the percent at which the existing water treatment plant, sewage treatment plant, schools, and primary roads are currently utilized. (e) Estimated Demand; Population and Economic Estimates. Population. A population estimate for the following 10 years shall be made and utilized as the basis for determining land and facilities demand and for classifying land areas. Ten year population projections will be provided by the Department of Administration for use in making population estimates. Projections will be provided for counties and cities and towns' having a population greater than 2,500. Accurate projections for those areas with a population of less than 2,500 are not available and must be developed by the local planning unit. The projections provided by the Department of Administration are based on prior trends with annual updates. The local government may wish to use these trend projections as their population estimates or to modify them to include additional factors such as: (A) seasonal population, (B) local objectives concerning growth, (C) foreseeable social and economic change. The Department of Administration population model is capable of taking into account some of these NORTH CAROLINA ADMINISTRATIVE CODE - 54 - ER - COASTAL RESOURCES COMMISSION 7B .0200 considerations and should be used where possible when such further refinement is desired. If such refinement causes a significant difference between the Department of Administration population projections and the local population estimate, the Coastal Resources Commission or its designee should review the estimate prior to the local government using it in their land use plan. (2) Economy. Major identifiable trends or factors in the economy which might have impact on future land use shall be set forth: (A) Future Land Need. The steps to be followed in determining future land needs are: (i) to make an allocation of the estimated population growth to the transition, community, and rural land classes of the land classification system, based on local objectives (for further clarification see Rule .0204 of this Section); The transition class is to be used to accommodate all the estimated moderate to high density growth. That is not to say, however, that growth cannot occur in the developed class. The great majority of the low density growth which is estimated should be clustered in the community class, though a small amount can be accommodated at very low densities in the rural class; (ii) to determine, for the transition and community classes, the land area required to accommodate the estimated growth based upon the following gross population densities (for further clarification see Rule .0204 of this Section): (I) transition: a minimum of 2,000 people per square mile; (II) community: as a rule of thumb, 640 people per square mile (one person per acre). (B) Community Facilities Demand. Consideration should be given to new facilities which will be required by the estimated population growth. NORTH CAROLINA ADMINISTRATIVE CODE - 55 - NER - COASTAL RESOURCES COMMISSION 7B .0200 FIGURE III REQUIRED DATA ANALYSIS ITEMS ELEMENT REQUIRED PRESENT CONDITIONS: Population and Economy Brief analysis, utilizing existing information Existing Land Use M apped at generalized categories, Figure II Current Plans, Policies and Regulations (I) Plans & Policies ({) Listing and summary (2) Local Regulations (2) Listing and description of their enforcement mechanism (3) Federal & State (3) Listing and summary (to be Regulations provided by N.C. Dept. of Natural & Economic Resources) CONSTRAINTS Land Potential {{) Physical Limitations (I) Analysis of the following factors: Hazard areas Areas with soil limitations Sources of water supply Steep slopes (2) Fragile Areas (2) Analysis of the following factors: Coastal wetlands Sand dunes along the Outer Banks Ocean beaches and shorelines Estuarine waters Public trust waters Complex natural areas Areas that sustain remnant species Areas that contain unique geologic formations Registered natural landmarks Archeologic and historic sites Others NORTH CAROLINA ADMINISTRATIVE CODE - 56 - NER - COASTAL RESOURCES COMMISSION 7B .0200 (3) Areas with Resource (3) Analysis of following Potential factors: Productive and unique agricul- tural lands Mineral sites Publicly-owned forests, parks, fish and gam= lands, and other outdoor recreational lands Privately-owned wildlife sanctuaries Capacity of Community Identification of existing water Facilities and sewer service areas Design capacity of water treatment plant, schools, and primary roads Percent utilization of the above ESTIMATED DEMAND Population and Economy (I) Population (I) 10-year estimates based upon Department of Administration' figures as appropriate (2) Economy (2) Identification of major trends and factors in the economy Future Land Needs Gross 10-year estimate allocated to appropriate land classes Community Facilities Consideration of basic facilities Demand needed to service estimated growth OPTIONAL DATA ANALYSIS ITEMS e PRESENT CONDITIONS: Population and Economy More detailed analyses relating to human resources (population compo- sition, migration rates, educa- tional attainment, etc.) and econo- mic development factors (labor force characteristics, market structure, employment mix, etc.) Existing Land Use Mapped with more detailed cate- gories including more detailed analyses, building inventory, etc. Current Plans, Policies NORTH CAROLINA ADMINISTRATIVE CODE - 5 7- NER - COASTIAL RESOURCES COMMISSION 7B .0200 and Regulations ()Plans and Policies Detailed impact analysis of plans and policies upon land development patterns. (2) Local Regulations Detailed assessment of adequacy and degree of enforcement. CONSTRAINTS Land Potential ()Physical Limitations ()Detailed analysis and mapping of required items. Analysis and mapping of additional factors: water quality limited areas Air quality limited areas others as appropriate (2) Fragile Areas (2) Detailed analysis and mapping of required items. Analysis and mapping of additional factors. (3) Areas with Resource Potential (3) Detailed analysis and mapping of required items. An analysis and mapping of additional factors: Areas with potential for commercial wildlife manage- men t outdoor recreation sites Scenic and tourist resources Capacity of Community Identification of existing water Facilities and sever service areas Detailed community Design capacity of water treatment facilities studies or plant, sewage treatment plant, plans (housing, transpor- schools, and primary roads. tation, recreation, water Percent utilization of the above. and sewer, police, fire, etc.) ESTIMATED DEMAND Population and Economy ()Population ()Detailed estimate and analy- sis, adapted to local condi- tions using Department of Administration model. (2) Economy (2) Detailed economic studies NORTH CAROLINA ADMINISTRATIVE CODE - 58- NER - COASTAL RESOURCES COMMISSION 7B .0200 Future Land Needs Detailed estimates by specific land use category (commercial residential, industrial, etc.) Community Facilities Demand Estimates of demands and costs for some or all community facilities and services. NORTH CAROLINA ADNINISTRATIVE CODE - 59 - NER - COASIAL RESOURCES CO]MISSION 7B .0200 FIGURE IV GENERALIZED CATEGORIES FOR RECORDING EXISTING LAND USE Number Color Letter CATEGORY Cod>** Code Code URBAN AND BUILT-UP .0 - U Residential* l- Yellow Ur Commercial I.2 Red Uc Industrial .-3 Violet Ui Transportation, Communi- cation, & Utilities 1-4 Grey Ut Government & Institutional 1.8 Dark Blue Ug Cultural, Entertainment, & Recreation 1.9 Green Ue Undeveloped Land !.7 White Uv AGRICULTURE 2.0 Brown A Hatched FORESTLAND 4.0 Green F Hatched WATER 5.0 Light Blue W WETLAND 6.0 Light Blue C Hatched BARREN (including beaches, surface extraction and cleared transitional land) 7.0 Brown B Notes: *Where it is desirable to further break down the residential category by density or dwelling unit characteristics it is suggested that shades of yellow and orange be used. **Number code is based on the code suggested by the U.S. Department of Interior and is generally compatible with that code. History Note: Statutory Authority G.S. 113A-lO7(a); NORTH CAROLINA ADMINISTRATIVE CODE - 60 - NER - COASTAL RESOURCES COMMISSION 7B .0200 Elf. February I, 1976. .0204 LAND CLASSIFICATION (a) A land classification map shall be prepared according to the specifications set forth in this Section. The following codes shall be used: Optional Codes Class Color Code Letter Code Developed Solid rust D Transition Hatched rust T Community Cross-hatched rust C Rural White R Conservation Dot Green P Land classification shall be represented at least with boundary lines around each category mapped, and with a single letter code to indicate which category is intended. However, the map(s) may optionally be submitted using color patterns to differentiate between categories (see Figures I and II, 15 NCAC 7B .0104). (b) The North Carolina land classification system contains five classes of land: Developed. Lands where existing population density is moderate to high and where there are a variety of land uses which have the necessary public services; (2) Transition. Lands where local government plans to accommodate moderate to high density development during the following 10 year period and where necessary public services will be provided to accommodate that growth; (3) Community. Lands where low density development is grouped in existing settlements or will occur in such settlements during the following l0 year period and which will not require extensive public services now or in the future; (4) Rural. Lands whose highest use is for agriculture, forestry, mining, water supply, etc., based on their natural resources potential; Also, lands for future needs not currently recognized; (5) Conservation. Fragile, hazard and other lands necessary to maintain a healthy natural environment and necessary to provide for the public health, safety, or welf are. These five classes provide a framework to be used by local governments to identify the general use of all lands in each county. Such a system presents an opportunity for the local government to provide for its needs as well as to consider those of the whole state. Also, they can make a statement of policy on where and to what density they want growth to occur, and where NORTH CAROLINA ADMINISTRATIVE CODE - 61 - NER - COASTAL RESOURCES COMMISSION 7B .0200 they want to conserve the county's natural resources by guiding growth. (c) As a statement of local policy consistent with statewide needs and goals, the county land classification map will serve as. a basic tool for coordinating numerous policies, standards,-i regulations, and other governmental activities at the local, state and federal level. Such coordination may be described by five applications: (|) The land classification system encourages coordination and consistency between local land use policies and those of state government. Lands are classified by the local governments. The Coastal Resources Commission then reviews those classifications to ensure conformance with minimum guidelines for the system. The coastal county maps taken together will be the principal policy guide for governmental decisions and activities which affect land uses in the-coastal area. (2) The system provides a guide for public investment in . land. For example, state and local agencies can anticipate the need for early acquisition of lands and easements in the transition class for schools, recreation, transportation, and other public facilities. (3) The system can also provide a useful framework for Budgeting and planning for the construction of community facilities such as water and sever systems, schools, and roads. The resources of many state and federal agencies, as well as those of the local government which are used for such facilities, can then be more efficiently allocated. (4) In addition, such a system will aid in better coordination of regulatory policies and decisions. Conservation and rural production lands will help to focus the attention of state and local agencies and interests concerned with the valuable natural resources? of the state. On the other hand, lands in the ', transition and community classes will be of special: concern to those agencies and interests who work for ; high quality development through local land use control' such as zoning and subdivision regulations. (5) Finally, the system can help to provide guidance for ak,-;I more equitable distribution of the land tax burden. Private lands which are in the rural and conservation classes should have low taxes to reflect the policy that few, if any, public services will be provided to these lands. In contrast, lands in the transition class should be taxed to pay for the large cost of new NORTH CAROLINA ADmINISTRArIVE CODE - 6.< NFR -COASTAL RESOURCFS CO (MISSION 7B .0200 public services which will be required to support the density of growth anticipated. Tht local land classifications maps must he updated ever, five years. Each class is designed to be broad enough so that frequent changes in maps are not necessary. In extreme cases, such as when a large key facility, causing major repercussions, is unexpectedly placed in a county, the Coastal Resources Commission can allow a county to revise its classification map before the five year period is over. In addition, the land classification system allows a variety of detailed land uses such as residential, commercial, industrial, recreational, etc. to occur within these classes. There is flexibility under existing zoning enabling statutes to change these detailed land uses whenever necessary. Policies, rules, and actions concerning areas of environmental concern shall take precedence over policies, rules, and actions concerning the land classifications, in the event of any conflicts. (d) The five classes are as follows: (I) Developed. Purpose: The developed class identifies developed lands which are presently provided with essential public services. Consequently, it is distinguished from areas where significant growth and/or new service requirements will cccur. Continued development and redevelopment should be encouraged to provide for the orderly growth in the area. Description: Developed lands are areas with a minimum gross population density of 2,000 people per square mile. At a minimum, these lands contain existing public services including water and sewer systems, educational systems, and road systems; all of which are able to support the present population and its accompanying land uses including commercial, industrial, and institutional. (2) Transition. Purpose: The transition class identifies lands where moderate to high density growth is to be encouraged and where any such growth that is permitted by local regulation will be provided with the necessary public services. Description: The area to be designated as transition must be no greater than that required to accommodate the estimated county population growth at a minimum gross density of 2,000 people per square mile. For example, if the population increase for the following 10 year period is projected to be 10,000 people, and it is planned that 8,000 of them will be accommodated in the transition area, then no NORTH CAROLINA ADMINISTRATIVE CODE - 63 - NER - COASTAL RESOURCES COAtMISSICN 7B .0200 more than four square miles of transition area should be shown. In addition, the minimum services which will be required are the necessary water and sewer facilities, educational services, and roads. Consideration must be given to the cost of public services in the transition area. Each local government is encouraged to estimate the approximate cost of providing public services where they do not already exist. Land to be classified transition should be considered in the following order: (A) First priority is for lands which presently have a gross population density of more than 2,000 people per square mile, but do n6t qualify as developed because they lack the necessary minimum public services. These areas may not be expected to accommodate additional population, but they will require funds for services to avoid public health and safety problems; (B) Second priority is for lands that have all the necessary public services in place, but which lack the minimum gross population density of 2,000 people per square mile needed to qualify the area as developed. These areas therefore have not utilized the capacity of the existing services; (C) Additional lands necessary to accommodate the remainder of the estimated transition growth for the {0 year planning period. In choosing lands for the transition class, such lands should not include: Areas with severe physical limitations for development with public services, lands which meet the definition of the conservation class, lands of special value such as the following unless no other reasonable alternative exists: (i) productive and unique agricultural lands; (ii) productive forest lands; (iii) potentially valuable mineral deposits; (iv) potential aquifers and key parts of water supply watersheds; (v) scenic and tourist resources; (vi) habitat for economically valuable wildlife species; (vii) flood fringe lands; (viii) open coast flood hazard areas, exclusive of ocean erosive areas; (ix) estuarine flood hazard areas, exclusive of estuarine erosive areas. NORTH CAROLINA ADMINISTRATIVE CODE - 64 - NER - COASTAL RESOURCES CO;1MISSICN 7B .0200 (3) Community. Purpose: The community class identifies existing and new clusters of low density development not requiring major public services. Description: (A) The community class includes existing clusters of one or more land uses such as a rural residential subdivision or a church, school, general store, industry, etc. (Cluster is defined as a number of structures grouped together in association or in physical proximity -- Webster's Dictionary.) (B) This class will provide for all new rural growth when the lot size is 10 acres or less. Such clusters of growth may occur in new areas, or within existing community lands. In choosing lands for community growth, such lands should not include: (i) Areas with severe physical limitations for development; (ii) Areas meeting the definition of the conservation class; (iii) Lands of special value such as the following unless no other reasonable alternative exists: (I) productive and unique agricultural lands; (II) productive forest lands;-. (III) potentially valuable mineral deposits; (IV) potential aquifers and key parts of water supply watersheds; (V) scenic and tourist resources; (VI) habitat for rare and endangered wildlife species and economically valuable wildlife species; (VII) floor fringe lands; (VIII) open coast flood hazard areas exclusive of ocean erosive areas; (IX) estuarine flood hazard areas, exclusive of estuarine erosive areas; (iv) New development in the community class areas will be subject to subdivision regulations under the Enabling Subdivision Act (G.S. 153- 330 et seq.); (v) In every case, the lot size must be large enough to safely accommodate on-site sewage disposal and where necessary water supply so that no public sewer services will be required now or in the future; NORTH CAROLINA ADMINISTRATIVE CODE - 65 - NER - COASTAL RESOURCES COtIISSICN 79 .0200 (vi) Limited public services should be provided in the community class such as public road access and electric power; (vii) As a guide for calculating the amount of land necessary to accommodate new rural community growth, a gross population density of 640 people per square mile or one person per acre should be used. For example, if 1,000 new people are expected to settle in low density clusters during the following 10 year period, then roughly 1,000 acres of land should be allocated for new growth in community class areas. (4) Rural. Purpose: The rural class identifies lands for long-term management for productive resource utilization, and where limited public services will be provided. Development in such areas should be compatible with resource production. Description: The rural class includes all lands not in the developed, transition, community and conservation classes. (5) Conservation. Purpose: The conservation class identifies land which should be maintained essentially in its natural state and where very limited or no public services are provided. Description: Lands to be placed in the conservation class are the least desirable for development because: (A) They are too fragile to withstand development without losing their natural value; and/or (B) They have severe or hazardous limitations to development; and/or (C) Though they are not highly fragile or hazardous, the natural resources they represent are too valuable to endanger by development. Such lands at a minimum should include: (i) Fragile (I) wetlands; (II) steep slopes and prominent high points; (III) frontal dunes; (IV) beaches; (V) surface waters including; lakes and ponds, -rivers and streams, tidal waters below mean high water; (VI) prime wildlife habitat; (VII) unique natural areas and historic and archaeological sites; (ii) Hazard (I) floodways, NORTH CAROLINA ADMINISTRATIVE CODE - 66 - NER - COASTAL RESOURCES COMMISSION 7B .0200 (II) ocean erosive areas, (III) inlet lands, (IV) estuarine erosive areas; (iii) Other (I) publicly owned forest, park, and fish and game lands and other non-intensive outdoor recreation lands; (II) privately owned sanctuaries, etc., which are dedicated to preservation; (III) publicly owned water supply watershed areas; (IV) undeveloped key parts of existing water supply watersheds; (V) potential water impoundment sites. In addition to the types of land listed in this Rule, a county May ,nclude other areas to be maintained in an essentially natural state which are needed to implement their stated policy objectives. History Note: Statutory Authority G.S. 113A-107(a); Eff. February 1, 1976. NORTH CAROLINA ADNINISTRATIVE CODE - 6 7 NER - COASTIAL RFSOURCES COMMISSICN 7B .0300 SECTION .0300 - GUIDELINES FOR PROPOSEDl AREAS OF ENVIRONMENTAL CONCERN .0301 INTRODUCTION The Coastal Area Management Act of 1974 requires that these state guidelines "shall give particular attention to the nature of development which shall be appropriate within the various types of areas of environmental concern that may be designated by the commission."1 The act further provides that local laud use plans "shall give special attention to the protection and appropriate development of areas of environmental doncern.21 The 1974 Legislature found that "the coastal area, and in particular the estuaries, are among the most biologically productive regions of this State and of the nation" but in recent years the area "has been subjected to increasing pressures which are the result of the often conflicting needs of a society expanding in industrial development, in population, and in the recreational aspirations of its citizens." "Unless these pressures are controlled by coordinated management," the act states, "the very features of the coast which make it economically, aesthetically, and ecologically rich will be destroyed." To prevent this destruction the act charges the Coastal Resources Commission with the responsibility for identifying types of areas, and designating specific areas; water as well as land; in which uncontrolled or incompatible development might result in irreparable damage. It further instructs the commission to determine what types of use or development a-re appropriate within such areas, and it calls on local. governments to give special attention to these environmentally fragile and important areas in developing their land use plans. Thus, the Coastal Resources Commission and local government, with the assistance and guidance of the ccastal resources advisory council, share a unique statutory assignment, for this is the first time North Carolina has undertaken such a massive and comprehensi've determination of its critical land and water areas. Further, this is an unprecedented opportunity, in that none of the other coastal states has given this authority and responsibility to local government and a locally oriented co mmission. The commission has chosen to emphasize this intended local involvement by acting on a coastal resources advisory council recommendation that provides local governments the opportunity to become a more effective participant in the AEC process. This recommendation gives the lcoal governments the option of NORTHI CAROLINA A.DMINISTRATIVE CODE - 68- NER - COASIAL RESOURCES CO'IMSSICN 7B .0300 preparing maps delineating (delineation of AEC's -- the portrayal of AEC's on maps) the boundaries of specific AEC's within their respective jurisdictions. This task should not be confused with the requirement set forth in 15 NCAC .0204 for the identification (identification of AEC's -- the written listing of the AEC's occurring within a jurisdiction) of AEC's in the land use plans. This delineation will serve to assist the commission in the ultimate designation of AEC's and will provide data for use in local land use planning. The commission will use the delineations supplied by local governments for the purpose of analyzinq the territorial extent of the various proposed AEC categories. The identification and delineation by local governments will niot serve as a designation of AEC's for the purposes of permit letting. The designation of AEC's for purposes of the permit program shall be by a written description adopted by the commission, and such designations will be equally applicable to all local governments in the coastal area. At the present time the commission will not attempt to map AEC's with sufficient detail to enable a permit letting agency in all cases to determine solely on the basis of such a map whether a particular area falls within an area of environmental concern. The determination as to whether a particular area is within an AEC will be based on the written description of the area of envirohmental concern which will be adopted by-the commission. The commission will continue to study the possibility of mapping AEC's with sufficient detail to serve in this permit program and may base the permit program on maps if the capability exists to do so. For the local government identification program, the local governments shall use the categories and descriptions included in the following pages of these amended guidelines. During the process of amending these guidelines to provide for this added local input, the CRC has also removed some potential AEC categories which were contained in the origianl state guidelines as adopted January 27, 1975, and has further clarified the description of others. Those involved locally in identifying proposed AEC's for inclusion in the land use plans are encouraged to contact the CRC at any time that questions arise concerning the proposed AEC definitions in these guidelines. Local governments are also encouraged to make written recommendations as to the exclusion of proposed AEC's, the inclusion of additional AEC's, or changes in the description of proposed AEC's. Such recommendations are not a part of the local land use plan and should be submitted separately. NORTH CAROLINA ADmINiSTRAtIVE COCE - 69 - NER - COASTAL RESOURCES COMMISSICN 7B .0300 These amended guidelines specifically require that the preliminary local plans should include identification of each proposed AEC. The plan must also include written statements of specific land uses which may be allowed in each of the proposed classes of AEC's. These allowable land uses must be consistent with the policy objectives and appropriate land uses found in this Chapter. In addition, local governments may submit maps delineating proposed AEC's with the preliminary land use plan. Such maps are not a part of the land use plan but should be submitted concurrently with it. All AEC maps prepared by local governments shall contain a statement which reads as follows: "Work map illustrating proposed areas of environmental concern prepared by (locality) for the use and information of the N.C. Coastal Resources Commission. This map is not for use in determining areas requiring permits. November 23, 1975." For the delineation of proposed areas of environmental concern use and submission of the 1:24,000 orthophotoguads (or their equivalent in the few cases where they are not available) will be necessary to generally indicate their location. Proposed AEC's shall be represented with lines around each category area mapped, and with a two letter code to indicate which category is intended (see Figure IV, 15 NCAC 7B, .0104). All applicable codes shall be shown if categories overlap. In order that the lines may be easily distinguished, it is recommended that these lines and accompanying letter codes be in a single -color, distinct from that used in the base map presentation. The text of the plan shall be sufficiently precise as to the nature of permissible land uses in such areas as to: (I) enable the Coastal Resources Commission to determine if the plan is consistent with these guidelines, and (2) afford a legal basis for the issuance or denial of development permits in the future. Local planners should note that there are a few instances where one category of areas of environmental concern may overlap with another. Where this is found to occur, the policy of the commission is to require the local plan to adopt allowable land uses within the area of overlap consistent with the more restrictive land use standard. The following rules of the guidelines for AEC's are divided into six, of seven, general categories specified in the act as being those which the commissicn may designate as AEC's. As in the act, scme of these contain sub-categories, which are more clearly defined here. The categories are: Ltr. Code (1) Coastal Wetlands CW (a) Low Tidal 11arshland NORTH CAROLINA ADMINISTRArIVE CODE - 70- NER - COASTAL RESOURCES COMMISSION 78 .0300 (b) Other Coastal Marshlands (2) Estuarine Waters EW (3) Resource Areas-Watersheds or Aquifers (a) Small Surface Water Supplies WS (b) Special Aquifers Areas -- Outer Banks and Barrier Islands SA (4) Fragile, Historic or Natural Resource Areas (a) Existing National or State Parks PK (b) Complex Natural Areas NA (c) Areas that Sustain Remnant Species RS (d) Areas Containing Unique Geologic Formations GF (e) Historic Places HP (f) Registered Natural Landmarks NL (5) Areas Subject to Public Rights; Certain Public Trust Areas PT (6) Natural Hazard Areas (a) Sand Dunes Along the Outer Banks SD (b) Ocean Beaches and Shorelines (on the Outer Banks) OB (c) Coastal Flood Plains CF (d) Excessive Erosion Areas (i) Coastal Inlet Lands IN (ii) Ocean Erodible Areas OE (iii) Estuarine, Sound and River Erodible Areas SE (7) Development Standards Applicable to all AEC's History Note: Statutory Authority G.S. 113A-107(a); Eff. February 1, 1976. )302 COASTAL WETLANDS; GENERAL Coastal wetlands are defined as "any salt marsh or other marsh ibject to regular or occasional flooding by tides, including .nd tides (whether or not the tide waters reach the marshland :eas through natural or artificial watercourses), provided this tall not include hurricane or tropical storm tides. Salt Lrshland or other marsh shall be those areas upon which grow Ime, but not necessarily all, of the following salt marsh and *rsh plant species: Smooth or salt water Cordgrass (Spartina .terniflora); Black Needlerush (Juncus roemerianus); Glasswort alicornia spp.); Bulrush (Scirpus spp.); Saw Grass (Cladium maicense); Cat-tail (Typha spp.); Salt-Meadow Grass (Spartina tens); and Salt Reed Grass (Spartina cynosuroides)." Included this statutory definition of wetlands is "such contiguous land the Secretary of NER reasonably deems necessary to affect by RTH CAROLINA ADMINISTRATIVE CODE - 71 - NER - COASTAL RESOURCES COMMISSION 7B .0300 any such order in carrying out the purposes of this Section" [G.S. 113-230(a) ]. For policy purposes, coastal wetlands may be considered in two categories: (I) low tidal marsh, (2) other coastal marshlands which have different significance and policy implications. History Note: Statutory Authority G.S. 113A-107(a); Eff. February {, 1976. .0303 COASTAL WETLANDS; LOW TIDAL MARSHLAND (a) Description. Defined as marshland consisting primarily of Spartina alterniflora and usually subject to inundation by the normal rise and fall of lunar tides. (b) Significance. Low tidal marshland serves as a critical component in the coastal ecosystem. The marsh is the basis for the high net yield system of the estuary through the production of organic detritus (partially decomposed plant material) which is the primary input source for the food chain of the entire estuarine system. Estuarine dependent species of fish and shellfish such as menhaden, shrimp, flounder, oysters and crabs currently make up over 90 percent of the total value of North Carolina's commercial catch. In addition, the roots and rhizomes of the Spartina .alterniflora serve as waterfowl food and the stems as wildlife nesting material. Low tidal marsh also serves as the first line of defense in retarding shoreline erosion. The plant stems and leaves tend to dissipate wave action while the vast network of roots resists soil erosion. Marshes of this type operate additionally as traps for sediment originating from upland runoff thus reducing siltation of the estuarine bottoms and consequent detriment to marine organisms. (c) Policy Objective. To give the highest priority to the preservaticn of low tidal marshland. (d) Appropriate Land Uses. Appropriate land uses shall be those consistent with the above policy objective. These marshes should be considered unsuitable for all development which will alter their natural functions. Inappropriate land uses include, but are not limited to the following examples: restaurants and businesses; residences, apartments, motels, hotels, and trailer parks; parking lots and offices; spoil and dump sites; wastewater lagoons; public and private roads and highways; and factories. Examples of acceptable land uses may include utility easements, fishing piers, docks, certain agricultural uses except when excavation or filling affecting estuarine or navigable waters is involved, and such other uses which do not significantly alter the natural functions of the marsh. NORTH CAROLINA ADMINISTRATIVE COrE - 72 - NER - COASTAL RESOUJRCES COMMISSION 7B .0300 History Note: Statutory Authority G.S. 113A-107(a); Eff. February l, 1976. .0304 COASTAL WETLANDS; OTHER COASTAL MARSHLAND (a) Description. All other marshland which is not low tidal marshland and which contains the species of vegetation as listed in the first Paragraph under Rule .0302 of this Section. (b) Significance. This marshland type also contributes to the detritus supply necessary to the highly productive estuarine system essential to North Carolina's economically valuable commercial and sports fisheries. The higher marsh types offer quality wildlife and waterfowl habitat depending on the biological and physical conditions of the marsh. The vegetative diversity in the higher marshes usually supports a greater diversity of wildlife types than the limited habitat of the low tidal marsh. This marshland type also serves as an important deterrent to shoreline erosion especially in those marshes containing heavily rooted species. The dense system of rhizomes and roots of Juncus roemerianus are highly resistant to erosion. In addition, the higher marshes are effective sediment traps. (c) Policy Objective. To give a high priority to the preservation and management of the marsh so as to safeguard and perpetuate their biological, economic and aesthetic values. (d) Appropriate Land Uses. Appropriate land uses shall be those consistent with the above policy objective. Highest priority shall be allocated to the conservation of existing marshlands. Second priority for land uses allocation of this type shall be given to development which requires water access and cannot function anywhere else, such as ports, docks and marinas, provided that the actual location of such facilities within the marsh consider coastal, physical and biological systems and further provided that feasible alternatives regarding location and design have been adequately considered and need for such development can be demonstrated. Such allocation may only be justified by the projected land use demands and by community development objectives, but in no case shall the allocation exceed the capacity of the marshland system to sustain losses without harm to the estuarine ecosystem unless the losses would be offset by a clear and substantial benefit to the public. History Note: Statutory Authority G.S. 113A-107(a); Eff. February I, 1976. .0305 ESTUARINE WATERS (a) Description. Estuarine waters are defined in G.S. 113- 229(n) (2) as, "all the water of the Atlantic Ocean within -the NORTH CAROLINA ADMINISTRATIVE CODE - 73 - NER - COASTAL R'SOTIRCFS COC'MISSICN 7B .0300 boundary of North Carolina and all the waters of the bays, sounds, rivers, ad tributaries thereto seaward of the dividing line between coastal fishing waters and inland fishing waters, as set forth in an agreement adopted by the Wildlife Resources Commission and the Department of Conservation and Development filed with the Secretary of State entitled 'Boundary Lines, North Carolina Commercial Fishing-Inland Fishing Waters, revised March 1, 1965,'" or as it may be subsequently revised by the leqislatute. (b) Significance. Estuaries are among the most productive natural environments of North Carolina. They not only support valuable commercial and sports fisheries, but are also utilized for commercial naviqation, recreation, and aesthetic purposes. Species dependent upon estuaries such as menhaden, shrimp, flounder, oysters and crabs make up over 90 percent of the total value of North Carolina's commercial catch. These species must spend all cr some part of their life cycle in the estuary. The high level of commercial and sports fisheries and the aesthetic appeal of coastal North Carolina is dependent upon the protection and sustained quality of our estuarine areas. (c} Policy Objective. To preserve and manage estuarine waters so as to safeguard and perpetuate their biological, economic and aesthetic values. (d) Appropriate Uses. Appropriate uses shall be those consistent with the (c) of this Rule. Highest priority shall be allocated to the conservation of estuarine waters. The development of navigational channels, the use of bulkheads to prevent erosion, and the building of piers or wharfs where no other feasible alternative exists are examples of land uses appropriate within estuarine waters, provided that such land uses will not be detrimental to the biological and physical estuarine functions and public trust rights. Projects which would directly or indirectly block or impair existing navigation channels, increase shoreline erosion, deposit spoils below mean high tide, cause adverse water circulation patterns, violate water quality standards, or cause degradation of shellfish waters are generally considered incompatible with the management of estuarine waters. History Note: Statutory Authority G.S. 113A-107(a); Eff. February I, 1976. .0306 RE;EWA3LE RESOURCE AREAS; WATERSHEDS OR AQUIFERS; GENERAL Public water supply watersheds or aquifers are defined as areas that are present sources of public water supply, as identified by the N.C. Commission for Health Services or the Environmental Management Commission, or that are classified for water supply pursuant to S.S. {U3-214.i. NORTH CArOLiNA AtIINISTRATIVE CODE - 74- NER - COASTAL RESOURCES COMMISSICN 7B .0300 History Note: Statutory Authority G.S. 113A-107(a); Eff. February I, 1976. .0307 WATERSHEDS OR AQUIFERS; SMALL SURFACE WATER SUPPLIES (a) Description. Small surface water supplies are defined as relatively small watersheds or catchment areas which contain a stream(s) classified A-I or A-I1 by the Environmental Management Commission. (b) Significance. Small water supply watersheds represent a source of potable water for a locality or region. Any loss or serious detriment to such an area would have serious public health implications. Such a loss would 'also'have a significant adverse financial impact. Uncontrolled development within the watershed would cause significant changes in the runoff patterns and would affect the quantity of water available as a raw water supply. Such development would also adversely affect water quality by introducing a wide variety or pollutants from homes, businesses, or industries, either through discharge or surface runoff into the water supply. (c) Policy Objective. The policy objective is to insure the continued maintenance of water quality and quantity of the surface water supply. (d) Appropciate Land Uses. Appropriate land uses shall be those consistent with the policy objective' in'(c) of this Rule. History Note: Statutory Authority G.S. 113A-107(a); Eff. February I, 1976. .0308 SPECIAL AQUIFER AREAS; OUTER BANKS AND BARRIER ISLANDS (a) Description. Special aquifer areas are areas of well drained sands that extend downward from the surface to include an extensive area of fresh water that is an important source for a public water supply identified by the North Carolina Department of Human Resources, division of health services, or that are classified for water supply use pursuant to G.S. 143-214.1. The information necessary to identify these areas will be supplied by the division of health services in cooperation with the State Geologist. (b) Significance. Naturally occurring aquifers on the Outer Banks and barrier islands generally occur in well drained sands at relatively shallow depth. Recharge to these aquifers is through precipitation and, occasionally, indirectly from adjoining freshwater marshlands. Very little filtration of chemical contaminants or of viruses is afforded by the sand materials, and the potential exists for extensive pollution of these supplies rendering them unsafe as sources of public water NORTH CAROLINA ADMINISTRATIVE CODE - 7 5- NER - COASTAL RESOUJRCES CORMIISSICN 7B .0300 supply. Additionally, a rate of water withdrawal that greatly exceeds water recharge from the surface can result in saltwater intrusion rendering all or part of the aquifer unsuitable asa water supply source. (c) Policy objective. The policy objective is to eliminate as nearly as possible the potential for contamination of special aquifer areas that may result in a public health hazard or significantly limit the value of the aquifer as watter supply source. (d) Appropriate Land Uses. Appropriate land uses shall be those consistent withL the policy objective in (c) of this Rule. Special aquifer areas shall he planned for those ki~ids of development that will not rely upon subsurface waste disposal systems, result in injection of wastes into the ground, significantly increase the risk of accidental dishcarge onto the surface of liquid or other easily soluble contaminants, or increase the withdrawal of water from the aquifer to a rate that may cause saltwater intrusion. Inappropriate uses would include chemical or fuel processing or storage facilities or residential development employing septic tank sewage disposal systems. These AEC's should be planned for low intensity of use where feasible, and new intensive development that must occur should be provided with public waste water disposal systems. History Note: Statutory Authority G.S. 113A-107(a); Eff. February 1, 1976. .0309 FRAGILE, HISTORIC OR NATURAL RESOURCE AREAS; GENERAL The general description of these areas is: fragile or historic areas, and other areas containing environmental or natural resources of more than local significance, where uncontrolled or incompatible development could result in major or irreversible damage to important historic, cultural, scientific or scenic values or natural systems. History Note: Statutory Authority G.S. 113R-107(a); Eff. February 1, 1976. .0310 EXISTING NATIONAL OR STATE PARKS (a) Description. Existing national or state parks are defined as existing sites that have been acquired for use as national or state parks, as identified by the Secretary of Natural and Economic Resources. (b) Significance. Existing national or state parks are areas containing environmental or natural resources of more than local significance where uncontrolled or incompatible development could result in major or irreversible damage to important historic, NORTH CAROLINA ADMINISTRATIVE CODE - 76- NER - COASTAL RESOURCES CO'IMISSICN 70 .0300 cultural, scientific, or scenic values, or natural systems, or would be detrimental to the recreational uses of natural systems. These sites provide (I) areas of unique or scenic value; (2) recreational uses of natural resources; (3) protrayal and interpretation of plant and animal life, geology and natural features; and (4) preservation of scientific sites and natural areas of statewide importance. (c) Policy Objective. The policy objective is to protect and preserve the scenic, historic, cultural, scientific and natural values of national or state parks. (d) Appropriate Land Uses. Appropriate land uses shall be those consistent with the policy objective in (c) of this Rule. All development in parks shall be planned and executed so as to in no way impair, damage or detract from the vaiues for which the areas were established to preserve and protect. In parks or parts of parks that do not contain natural areas-or scientific sites, facilities for such outdoor activities as picnicking, swimming, boating, fishing, hiking, nature study, and camping; and facilities normally associated with simple play fields incident to picknicking and organized camping are examples of appropriate land uses. Facilities for recreational activities such as organized sports and athletic contests are examples of inappropriate uses. In parks or parts of parks containing natural areas of scientific sites, minimum developed paths and trails are examples of appropriate land uses. Facilities for recreational activities such as swimming, camping, picnicking, and the like are examples of inappropriate land uses in these areas. History Note: Statutory Authority G.S. 113A-107(a); Eff. February I, 1976. .0311 COMPLEX NATURAL AREAS (a) Description. Complex natural areas are defined as lands that support native plant and animal communities and provide habitat conditions or characteristics that have remained essentially unchanged by human activity. Such areas are surrounded by landscapes that have been modified but that do not drastically alter the conditions within the natural areas or their scientific or educational value. Such areas will be determined by the commission, after consideration of written reports or testimony of competent experts, to be rare within a county or to be of particular scientific or educational value. (b) Significance. Complex natural areas provide the few remaining examples of conditions that existed within the coastal area prior to settlement by western man. Often these natural areas provide habitat conditions suitable for rare or endangered NORTH CAROLINA ADMINISTRATIVE CODE - 7 7- NER - COASTAL RESOURCES CC)MMIISSICN 78 .0300 species cc they support pl~ant and animal communities representative of presettlement conditions. These areas help provide a historical perspective to changing natural conditions in the coastal area. and together are important and irreplaceable scientific and educational resources. (c) Policy Objective. The policy objective of these areas is to preserve the natural conditions of the site so as to safeguard its existence as an example of naturally occurring, relatively undisturbed plant and animal communities of major scientific or educational value. (d) Appropriate Land Uses. Appropriate land uses shall be those consistent with the policy objective in (c) of this Rule. Lands within the AEC shall not be planned for uses or kinds of development that will unnecessarily jeopardize the natural or primitive character of the natural area directly or indirectly through increased accessibility. Additionally, lands adjacent to the complex natural area should not h2e planned for additional development that would unnecessarily endanger the recognized value of the ABC. The variability between kinds of complex natural areas and between land uses adjacent to those natural areas means that the range.of permissible uses and intensity of use must be carefully tailored to the individual area. History Note: Statutory Authority G.S. 113A-107(a); Eff. February 1, 1976. .0312 AREAS THAT SUSTAIN REMNANT SPECIES (a) Description. Areas that sustain remnant species are those places that support native plants or animals, rare or endangered, within the coastal area. Such places provide habitat conditions necessary for the survival of existing populations or ccmmunities of rare or endangered species within the county. Determination will be by the commission based upon accepted lists published by the state or federal government and written reports or testimony of competent experts indicating that a species is rare or endangered within the coastal area. (b) significance. The continued survival of certain native plants and animals in the coastal area that are now rare or endangered cannot be assured unless the relatively few weill defined areas providing necessary habitat conditions are protected from development of land uses that might alter these conditions. These habitats and the species they support provide a valuable educational and scientific resource. (c) Policy Objective. The policy objective is to preserve habitat conditions necessary to the continued survival of rare or endangered native plants and animals and minimize development or NORTH CAROLINA ADMiINISTRATIVE COCE - 7 - NER - COASTAL RESOURCES COMIISSION 7B .0300 land uses that might jeopardize known areas that support remnant species. (d) Appropriate Land Uses. Appropriate land uses shall be those consistent with the policy objective in (c) of this Rule. Lands within the AEC shall not be planned for uses or kinds of development that will unnecessarily jeopardize the habitat conditions responsible for the continued survival of the respective plants or animals. History Note: Statutory Authority G.S. I 13A-107(a); Eff. February I, 1976. .0313 AREAS CONTAINING UNIQUE GEOLOGICAL FORMATIONS (a) Description. Areas containing -unique geological formations will be identified by the State Geologist. These places contain surface or near surface formations that are either themselves unique or are especially unusual or notable examples of geologic formations or-processes in the coastal area. (b) Significance. Unique geological areas provide surface or near surface exposures of unique geologic formations or processes of the coastal area. They are important educational, scientific, or scenic resources that would be jeopardized by uncontrolled or incompatible development. (c) Policy Objective. The policy objective is-to preserve the scientific, educational or scenic values of unique geological formations so that they may be available for future study and enjoyment. (d) Appropriate Land Uses. Appropriate land uses shall be those consistent wtih the policy objective in (c) of this Rule. Uses within areas containing unique geological formations shall be tailored to the particular unique qualities of the individual area. History Note: Statutory Authority G.S. 113A-107(a); Eff. February I, 1976. .0314 HISTORIC PLACES (a) Description. These are defined as historic places that are listed, or have been approved for listing by the North Carolina Historical Commission, in the National Register of Historic Places pursuant to the National Historic Preservation Act of 1966; historical, archaeological, and other places and properties owned, managed, or assisted by the State of North Carolina pursuant to G.S. 121; and properties or areas that are designated by the Secretary of the Interior as national historic landmarks. NORTH CAROLINA ADMINISTRATIVE CODE - 79- NER - COASTAL RESOURCES COMMlISSICN 7B .0300 (b) Significance. Historic resources are both non-renewable and fragile. They owe their significance to their association with American history, architecture, archaeology, and culture. Properties on or approved for the National Register of Historic Places may be of national, state, or local significance. (c) Policy Objective. The policy objective is to protect and/or preserve the integrity of districts, sites, buildings, and objects in (a) and (b) of this Rule. (d) Appropriate Land Uses. Appropriate land uses shall be those consistent with the policy objective stated in (c) of this Rule. Land use which will result in substantial irreversible damage to the historic value of the area is inappropriate. History Note: Statutory Authority G.S. 113A-107(a); Eff. February {, 1976. .0315 REGISTERED NATURAL LANDMARKS (a) Description. Registered natural landmarks are defined as properties or areas that are designated by the Secretary of the Interior as registered natural landmarks. (b) Significance. Registered natural landmarks are true, accurate, essentially, unspoiled examples of natural areas which possess exceptional value or quality in illustrating or interpreting the natural heritage of our nation. Those areas: (-) encourage the preservation of sites illustrating the geological and ecological character of the United States, (2) enhance the educational and scientific value of sites thus preserved, (3) strengthen cultural appreciation of natural history, and (4) foster a greater concern in the conservation of the nation's natural heritage. (c) Policy Objective. The policy objective is to maintain intact registered natural landmarks and the resource values for which they receive recognition of national significance. (d) Appropriate Land Uses. Appropriate land uses shall be those consistent with the policy objective stated in (c) of this Rule. continuing integrity is the essential element in development and maintenance of natural landmarks. Reference to the original landmark application and description, as described in the national landmark program, is essential to evaluate continuing integrity. Developments which dilute the quality of the landmark so that it no longer meets the test of integrity are considered inappropriate land uses. History Note: Statutory Authority G.S. 113A-107(a); Eff. February I, 1976. .0316 AREAS SUBJECT TO PUBLIC RIGHTS; GENERAL NORTH CAROLINA ADMINISTRATIVE CODE - 80 - NER - COASTAL RESOURCES C03MISSICN 78 .0300 The general description Cf areas subject to public rights is: areas such as waterways and lands under or flowed by tidal waters or navigable waters, to which the public may have rights of access or public trust rights and areas which the State of North Carolina may be authorized to preserve, conserve, or protect under Article XIV, Section 5, of the North Carolina Constitution. History Note: Statutory Authority G.S. 1 13A-107 (a); Eff. February 1, 1976. .0317 AREAS SUBJECTL TO PUBLIC RIGHTS; CERTAIN PUBLIC TRUST AREAS (a) Description. Certain public trust areas are defined as all waters of the Atlantic Ocean and the lands thereunder from the mean high water mark to the seaward limit of state jurisdiction; all natural bodies of water subject to measurable lunar tides and lands thereunder to the mean high water mark; all navigable natural bodies of water and lands thereunder to the mean high water mark or ordinary high water mark as the case may be, except privately owned lakes to which the public has no right of access; all waters in artificially created bodies of water in which exists significant public fishing resources or other public resources, which are accessible to the public by navigation; from bodies of water in which the public has rights of navigation all waters in artificially created bodies of water in which the public has acquired rights by prescription, ~-custom, usage, dedication or any other means. In determining whether the public has acquired rights in artificially created bodies of water, the following factors shall be considered: (1) the use of the body of water by the public, (2) the length of time the public has used the area, (3) the value of public resources in the body of water, (~4) whether the public resources in the body of water are mobile to the extent that they can move into natural bodies of water, (5) whether the creation of the artificial body of water required permission frcm the state, and (6) the value of the body of water to the public for navigation from one public area to another public area. For purposes of the description in Rules .0316 and .0317 of this Section, the following definitions shall apply: (A) Mean high water mark means the line on the shore established by the average of all high tides. It is established by survey based on available tidal datum. In the absence of such datum, the mean high water mark shall be determined by physical markings or comparison of the area in question with an area having similar NORTH CAROLINA ADMINISTRATIVE CODE - 81 - NER -COASTAL RESOURCES CO[1MISSION 78 .0300 physical characteristics for which tidal datum is readily available. (B) Navigable means navigable-in-fact. (C) Navigable-in-fact means capable of being navigated in its natural condition by the ordinary modes of navigation including modes of navigation used for recreational purposes. The natural condition of a body of water for purposes of determining navigability shall be the condition of the body of water at mean high water or ordinary high water as the case may be, and the condition of the bodv of water without man-made obstructions and without temporary natural obstructions. Temporary natural conditions such as water level fluctuation and temporary natural obstructions which do not permanently or totally prevent navigation do not make an otherwise navigable stream non-navigable. (D) ordinary high water mark means the natural or clear line impressed on the land adjacent to the waterbody. It may he established by erosion or other easily recognized characteristics such as shelving, change in the character of the soil, destruction of terrestrial vegetation or its inability to grow, the presence of litter and debris, or other appropriate means which consider the characteristics of the surrounding area. The ordinary high water mark does not extend beyond the well defined banks of a river where such banks exist. (b) Significance. The public has rights in these waters including navigation and recreation. in addition, these waters support valuable commercial and sports fisheries, have aesthetic value, and are important potential resources for economic development. (c) Policy Objective. The policy objective is to protect public rights for navigation and recreation and to preserve and manage the public trust waters so as to safeguard and perpetuate their biological, economic and aesthetic value. (d) Appropriate Uses. Appropriate uses shall be those consistent with the policy objective stated in (c) of this Rule. Any land use which interferes with the public right of navigation, or other public trust rights, which the public may be found to have in these waters, shall not be allowed. The development of navigational channels, drainage ditches, the use of bulkheads to prevent erosion, and the building of piers or wharfs are examples of land uses appropriate within public trust waters provided that such land uses will not be detrimental to the biological and physical functions and public trust rights. Projects which would directly or indirectly block or impair NORTH CAROLINA &DLIINISTRATIVE CODE - 82 - NER - COASTAL RESOURCES COMMISSICN 7B .0300 existing navigation channels, increase shoreline erosion, deposit spoils below mean high tide, cause adverse water circulation patterns, violate water quality standards, or cause degradation of shellfish waters are generally considered incompatible with the management of public trust waters. History Note: Statutory Authority G.S. 113A-107(a); Eff. February I, f976. .0318 NATURAL HAZARD AREAS; GENERAL Natural hazard areas are those where uncontrolled or incompatible development could unreasonably endanger life or property, and other areas especially vulnerable to erosion, flooding, or other adverse effects of sand, wind, and water. History Note: Statutory Authority G.S. 113A-107(a); Eff. February I, 1976. .0319 SAND DUNES ALONG THE OUTER BANKS (a) Description. Dunes are defined as ridges or mounds of loose wind-blown material, usually sand. (b) Significance. Dunes comprise a major portion of the outer banks and barrier islands and represent a protective barrier for the sounds, estuaries, and mainland. Development with inadequate design or consturction may alter the protective character of the dunes and subject property to an increased risk of substantial damage due to the adverse effects of wind and water. (c) Policy Objective. The policy objective is to insure that development which is undertaken utilizes sound engineering practices to minimize the erosive effects of wind and water. (d) Appropriate Land Uses. Appropriate land uses shall be those consistent with the policy objective stated in (c) of this Rule. Only those developments that can be safely undertaken utilizing recognized engineering practices and site preparation and site maintenance to minimize unnecessary damage from wind and water should be allowed. History Note: Statutory Authority G.S. 113A-107(a); Eff. February J, 1976. .0320 OCEAN BEACHES AND SHORELINES (ON THE OUTER BANKS) (a) Description. These are., defined as land areas without vegetation covering, consisting of unconsolidated soil material that extends landward from the mean low tide to a point where any one or combination of the following occur: (I) vegetation, or (2) a distinct change in predominant soil particle size, or NORTH CAROLINA ADMINISTRATIVE CODE - b3 - NER - COASTAL RESOURCES COKMiISSICN 7B .0300 (3) a change in slope or elevation which alters the physiographic land form. (b) Significance. Sand deposits cf ocean beaches and shorelines represent a dynamic zone which does not afford long term protection for development. The nature of tidal action and the force of storms is such that they cause the beach areas to constantly shift. Littoral drift is a natural phenomenon whereby sand is removed from beaches by wave action and littoral currents and is deposited upon a different stretch of the beach. The action also shifts the line of high tide and low tide. Ocean beaches and shorelines are valuable for public and private recreation and are located within a natural hazard area. Development within this dynamic zone may result in loss of property and possible loss of life. (c) Policy Objective. The policy objective is to preserve to the greatest extent feasible the opportunity to enjoy the physical, aesthetic, cultural and recreational qualities of the natural shorelines of the state and to allow that type development which will withstand the prevalent natural forces and not unreasonably interfere with the rightful use and enjoyment of the beach area. (d) Appropriate Land Uses. Appropriate land uses shall be those consistent with the policy objective stated in (c) of this Rule. History Note: Statutory Authority G.S. 113A-107(a); Eff. February I, 1976. .0321 COASTAL FLOODPLAINS (a) Description. Coastal floodplain is defined as the land areas adjacent to coastal sounds, estuaries or the ocean which are prone to flooding from storms with an annual probability of one percent or greater (100 year storm). These areas are analogous to the 100 year floodplain on a river. Information necessary to identify these areas will be supplied by the State Geologist. (b) Significance. Coastal floodplains are those lands subject to flooding or wave action during severe storms or hurricanes. They are lands where uncontrolled, incompatible, or improperly designed building, structures, facilities, and developments can unreasonably endanger life and property. Except for those portions of the areas lying within estuarine or ocean erodible areas, they are not generally or necessarily subject to severe erosion or dynamic action leading to replacement of the land with a body of water. In most instances, structures within this area do not obstruct the flow of waters or create any additional back waters. NORTH CAROLINA ADMINISTRATIVE CODE - 84 - NER. - COASTAL RESOURCES COMMISSION 7B .0300 (c) Policy Objective. The pclicy objective is to ensure that all buildings, structures, facilities and developments are properly designed and built to maintain their stability, integrity, and safety in the event of flood surge from a 100 year storm. (d) Appropriate Land Uses. Appropriate land uses shall be those consistent wi-h the policy objective stated in (c) of this Rule. It is reasonable to allow a certain degree of development if it is carefully controlled and meets stringent engineering standards for stability, integrity and safety during a 100 year storm. The land use plan may allow development activities, and if such development is undertaken, as a minimum it must conform with the standards of the Federal Insurance Administration for coastal high hazard areas and safety during -the flood surge from a 100 year storm (Code of Federal Regulations, Title 24, Chapter 10, Subchapter B). History Note: Statutory Authority G.S. 113A-107(a); Eff. February l, 1976. .0322 EXCESSIVE EROSION AREAS; GENERAL Excessive erosion areas are those areas where geologic and soil conditions are such that there is substantial possibility of excessive erosion or seismic activity. History Note: Statutory Authority G.S. 113A-107(a); Eff. February J, 1976. .0323 EXCESSIVE EROSION AREAS; COASTAL INLET LANDS (a) Description. These are defined as the natural zone of migration of coastal inlets. Such a zone covers all areas that are expected to be eroded by future inlets and inlet migration based on the best available data and studies, including -relevant historical photography, surveys, maps and other appropriate information. The information necessary to identify these areas will be supplied by the State Geologist. (b) significance. The particular location of the inlet channel is a temporary one, as such channels are subject to extensive migration. Coastal inlet lands are extremely dynamic land areas that are highly susceptible to becoming completely displaced by water. (C) Policy Objective. The policy objective is to limit unnecessary hazards to life or property or unreasonable reguirements for public expenditures to protect property or maintain safe conditions. (d) Appropriate Land Uses. Appropriate land uses shall be those consistent with the policy objective stated in (c) of this NORTH CAROLINA ADMINISTRATIVE CODE - 5 - NER - COASTAL RESOURCES COMMISSICN 7B .0300 Rule. Recreational or conservation activities and easements for access represent the preferred land use. Moveable temporary structures for recreational purposes may be appropriate. Permanent or substantial residential, ccmmercial, institutional, or industrial structures are not appropriate uses in coastal inlet lands. History Note: Statutory Authority G.S. I13A-107(a); Eff. February 1, 1976. .0324 EXCESSIVE EROSION AREAS; OCEAN ERODIBLE AREAS (a) Description. Ocean erodible areas are defined as the areas above mean high water where excessive erosion has a high probability of occurring. In delineating the landward extent of this area a reasonable 25-year recession line shall be determined using the best scientific data available. The information necessary to identify these areas will be supplied by the State Geologist. (b) Significance. Ocean erodible areas are extremely dynamic lands highly susceptible to becoming completely displaced by water. (c) Policy Objective. The policy objective is to limit unnecessary hazards to life or property or unreasonable requirements for public expenditures to protect property or maintain safe conditions. (d) Appropriate Land Uses. Appropriate land uses shall be those consistent with the policy objective stated in (c) of this Rule. History Note: Statutory Authority G.S. 113A-107(a); Eff. February I, 1976. .0325 EXCESSIVE EROSION AREAS; ESTUARINE & RIVER ERODIBLE AREAS (a) Description. These are defined as the area above ordinary high water where excessive erosion has a high probability of occurring. In delineating the landward extent of this area a reasonable 25-year recession line shall be determined using the best available information. The information necessary to identify these areas will be supplied by the State Geologist. (b) Significance. The estuarine and sound and river erodible areas are natural hazard areas especially vulnerable to erosion. Development within this type AEC is subjected to the damaging process of erosion unless special development standards and preventive measures are employed. (c) Policy Objective. The policy objective is to insure that development occurring within these areas is compatible with the NORTH CAROLINA ADMINISTRATIVE CODE - 86 - NER - COASTAL RESOURCES COMMISSION 7B .0300 dynamic nature of the erodible lands thus minimizing the likelihood of significant loss of property. (d) Appropriate Land Uses. Appropriate land uses shall be those consistent with the policy objective stated in (c) of this Rule. Permanent or substantial residential, commercial, institutional or industrial structures are not appropriate uses in estuarine and sound and river erodible areas unless stabilization has been achieved along the affected reach. Recreational, rural and conservation activities represent appropriate land uses in those erodible areas where shoreline protective construction has not teen completed. History Note: Statutory Authority G.S. 113A-107(a); Eff. February !, 1976. .0326 DEVELOPMENT STANDARDS APPLICABLE TO ALL AEC's (a) No development should he allowed in any AEC which would result in a contravention or violation of any rules, regulations, or laws of the State of North Carolina or of local government in which the development takes place. (b) No development should be allowed in any AEC which would have a substantial likelihood of causing pdllution of the waters of the state to the extent that such waters would be closed to the taking of shellfish under standards set by the Commission for Health Services pursuant to G.S. 130-169.01. History Note: Statutdry Authority G.S. 113A-107(a); Eff. February !, 1976. NORTH CAROLINA ADMINISTRATIVE CODE - 87 - NORTH CAROLINA ADMINISTRATIVE CODE TITLE 15 DEPARTMENT OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT CHAPTER 7 COASTAL RESOURCES COMMISSION SUBCHAPTER 71 - STATE GUIDELINES FOR AREAS OF ENVIRONMENTAL CONCERN SECTION .0100 - INTRODUCTION AND GENERAL COMMENTS .0101 INTRODUCTION .0102 CAMA PROVISIONS FOR AECs .0103 SELECTION OF PROPOSED AREAS FOR AEC DESIGNATION SECTION .0200 - THE ESTUARINE SYSTEM .0201 ESTUARINE SYSTEM CATEGORIES .0202 SIGNIFICANGE OF THE SYSTEMS APPROACH IN ESTUARIES .0203 MANAGEMENT OBJECTIVE OF THE ESTUARINE SYSTEM .0204 AECs WITHIN THE ESTUARINE SYSTEM .0205 COASTAL WETLANDS .0206 ESTUARINE WATERS .0207 PUBLIC TRUST AREAS .0208 GENERAL USE STANDARDS FOR ESTUARINE SYSTEM AECs .0209 ESTUARINE SHORELINES SECTION .0300 - OCEAN HAZARD AREAS * 0301 OCEAN HAZARD CATEGORIES .0302 SIGNIFICANCE OF THE OCEAN HAZARD CATEGORY .0303 MANAGEMENT OBJECTIVE OF OCEAN HAZARD AREAS .0304 AECs WITHIN OCEAN HAZARD AREAS .0305 OCEAN HAZARD AREAS - GENERAL IDENTIFICATION .0306 GENERAL USE STANDARDS FOR OCEAN HAZARD AREAS .0307 GENERAL USE STANDARDS FOR OCEAN HAZARD AREAS; EXCEPTIONS SECTION .0400 - PUBLIC WATER SUPPLIES -/.0401 PUBLIC WATER SUPPLY CATEGORIES .0402 SIGNIFICANCE .0403 MANAGEMENT OBJECTIVE FOR PUBLIC WATER SUPPLIES .0404 AECs WITHIN PUBLIC WATER SUPPLIES .0405 SMALL SURFACE WATER SUPPLY WATERSHEDS .0406 PUBLIC WATER SUPPLY WELL FIELDS NOTE: These rules are subject to minor changes by the Attorney General's Administrative Procedures Section and should be requested by title, State Guidelines for Areas of Environmental Concern. - 88 - SECTION .0500 - FRAGILE COASTAL NATURAL RESOURCE AREAS .0501 FRAGILE COASTAL NATURAL RESOURCE AREAS CATEGORY .0502 SIGNIFICANCE .0503 FRAGILE COASTAL NATURAL RESOURCE AREAS -DESIGNATION .0504 AECs WITHIN FRAGILE COASTAL NATURAL RESOURCE AREAS CATEGORY .0505 COASTAL AREAS THAT SUSTAIN REMNANT SPECIES .0506 COASTAL COMPLEX NATURAL AREAS .0507 UNIQUE COASTAL GEOLOGIC FORMATIONS .0508 FRAGILE COASTAL NATURAL RESOURCE AREAS - USE STANDARDS SECTION .0600 - DEVELOPMENT STANDARDS APPLICABLE TO ALL AECs .0601 NO VIOLATION OF ANY RULE .0602 POLLUTION OF WATERS SECTION .0700 TECHNICAL APPENDIX 1; DEFINITIONS FOR PUBLIC TRUST AREAS .0701 MEAN HIGH WATER .0702 MEAN WATER LEVEL SECTION .0800 TECHNICAL APPENDIX 2; OCEAN HAZARD AREAS 0801 PHYSICAL PROCESSES IN OCEAN HAZARD AREAS .0802 DYNAMIC EQUILIBRIUM .0803 BEACHES .0804 SAND DUNES .0805 SEDIMENT TRANSPORT .0806 INLETS .0807 WASHOVER AREAS SECTION .0900 TECHNICAL APPENDIX 3; INLET LANDS .0901 IDENTIFICATION PROCEDURE FOR INLET LANDS .0902 DESIGNATION OF NON-STABILIZED INLETS SECTION .1000 TECHNICAL APPENDIX 4; PUBLIC WATER SUPPLIES .1001 SMALL SURFACE WATER SUPPLY WATERSHEDS .1002 PUBLIC WATER SUPPLY WELL FIELDS .1003 BIBLIOGRAPHY - 89 - Subchapter 15 NCAC 71, State Guidelines For Areas Of Environmental Concern, has been adopted by the Coastal Resources Cominission and reads as follows: SUBCHAPTER 7I - STATE GUIDELINES FOR AREAS OF ENVIRONMENTAL CONCERN SECTION .0100 - INTRODUCTION AND GENERAL COMMENTS .0101 INTRODUCTION One of the basic purposes of North Carolina's Coastal Area Management Act (CAMA or the act) is to establish a state management plan that is capable of rational and coordinated management of coastal resources. The act recognizes that the key to more effective protection and use of the land and water resources of the coast is the development of a coordinated approach to resource management. The Coastal Area Management Act provides two principal mechanisms to accomplish-this purpose. First, the formulation of local land use plans articulating the objectives of local citizens and translating these objectives into future desired land use patterns; and second, the designation of areas of environmental concern for the protection of areas of statewide concern within the coastal area. Both the development of local land use plans and the designation and regulation of critical resource areas contribute to rational management by encouraging local and state governments to exercise their full authorities over coastal resources and to express their management goals in a comprehensible and uniform manner. Local objectives benefit through their incorporation into a state manage- ment scheme, and the statewide objectives of resource protection and development benefit through an integrated and comprehensive management approach. It is the purpose of the State Guidelines to ensure this uniformity and consistency in the local land use plans and the regulation of critical resource areas, or areas of environ- mental concern (AECs), through the establishment of unified policies criteria, standards, methods, and processes. These State Guidelines are designed to provide individuals and governmental agencies with a complete statement of the uniform policies and standards adopted by the Coastal Resources Commission (CRC or the commission) for areas of environmental concern, as mandated by the act. History Note: Statutory Authority G.S. 113A-101; 113A-102; 113A-1L24 C.)5; Eff. September' 9, 1977. .0102 CAMA PROVISIONS FOR AECs The Coastal Area Management Act requires that these State Guide- lines "shall give particular attention to the nature of development which shall be appropriate within the various types of areas of environmental concern that may be designated by the commission." NORTH CAROLINA ADMINISTRATIVE CODE - 90 - NR&CD - COASTAL RES()OURCES COMMISSION 7I .0100 The act further protvides that local land use plans "shaLl give' special attention to the protection and appropriate development of areas of environmental concern." The 1974 Legislature found that "the coastal area, and in parti- cular the estuaries, are among the most biologically productive regions of this state and of the nation", but in recent year. the area "has been subjevcted to increasing pressures which are the result of the often conflicting needs of society expanding in industrial development, in population, and in the recreational aspirations of Its citizens." "Unless these pressures are controlled by coordinated management," the act states, "the very features of the cnast which make it economically, aesthetically, and ecologically rich will be destroyed." To prevent this destruction, the act charges the Coastal Resources Commission with the responsibility for identifying types of areas -- water as well as land -- in which uncontrolled or incompatible development might result in irreversible damage. It further instructs the commission to determine what types of development activities are appropriate within such areas, and it calls on local government to give special attention to, these environmentally fragile and imiportant areas in developing their land use plans. Also, the act provides that upon establishing the types of develop- ment activities appropriate within areas of environmental concern, the CRC should implement a permit program capable of controlling inappropriate or damaging development activities within the AECs. The intent of this authority is not to stop development, but rather to ensure the compatibility of development with the continued productivity and value of certain critical land and -Water areas. The act divides the implementation responsibilities of the permit program between local governments and the CRC. Individuals pro- posing "minor development" activities (defined in G.S. 113A-118 (d)(2)) within an AEC will be required to receive permits from a local permit officer, while individuals undertaking "major development" activities (defined in G.S. 113A-118(d)(1)) will seek permits directly from the CRC. In either case, the cri- teria and standards determining permit approval as described in this Subchapter of the guidelines will be identical. History Note: Statutory Authority G.S. 113A-102(a); 113A-106; 113A-107; 113A-113(a); 113A-118; Eff. September 9, 1977. NORTH CAROLINA ADMINISTRATIVE CODE - 91 - NR&CD - COASTAL RESOURCES COMMISSION 71 .0100 .0103 SELECTION OF PROPOSED AREAS FOR AEC DESIGNATION The selection of proposed AEC categories was made after several months of consideration by local government, the Coastal Resources Commission, and the Coastal Resources Advisory Council (CRAC). The Act.specified the potential AEC categories from which the Commission was to choose a mix of AECs that would most effectively achieve the goals of the Coastal Area Management Act. Local govern- ments played a major role in the selection process by identifying AEC categories they considered to be appropriate for their juris- dictions. These recommendations formed the basis for selecting interim areas of environmental concern (IAECs) after which the categories were once again reviewed by the Commission and further narrowed in scope. Thirteen categories were proposed for final designation. As presented in these guidelines, the thirteen categories of AECS are separated into four broad groupings. The broad breakdowns include categories of AECs that are either interrelated components of an ecological system or a collection of AECs with similar manage- ment objectives. The purposes in presenting the material in this manner is not only to create a logical organization, but also to emphasize the relationship of one AEC category to another and the interactive nature of AECs with the total coastal environment. History Note: Statutory Authority G.S. 113A-114- Eff. September 9, 1977. NORTH CAROLINA ADMINISTRATIVE CODE - 92 - NR&CD - COASTAL RESOURCES COMMISSION 7I .0200 SECTION .0200 - THE ESTUARINE SYSTEM .0201 ESTUARINE SYSTEM CATEGORIES The first AECs discussed collectively are those water and land areas of the coast that contribute enormous economic, social, and biological values to North Cayolina as components of the estuarine system. Included within the estuarine system are the following AEC categories: estuarine waters, coastal wetlands, public trust areas, and estuarine shorelines. Each of these AECs is either geographically within the estuary or, because of its location and nature, may significantly affect the estuary. History Note: Statutory Authority G.S. 113A-113(b)(1); 113A- 113(b)(2); l13A-113(b)(5); 113A-113(b)(6)b; Eff. September 9, 1977. .0202 SIGNIFICANCE OF THE SYSTEMS APPROACH IN ESTUARIES The management program must embrace all characteristics, pro- cesses, and features of the whole system and not characterize individually any one component of an estuary. The AECs are interdependent and ultimately require management as a unit. Any alteration, however slight, in a given component of the estuarine system may result in unforeseen consequences in what may appear as totally unrelated areas of the estuary. For example, destruction of wetlands may have harmful effects on estuarine waters which are also areas within the public trust. As a unified system, changes in one AEC category may affect the function and use within another category. History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); Eff. September 9, 1977. .0203 MANAGEMENT OBJECTIVE OF THE ESTUARINE SYSTEM It is the objective of the Coastal Resources Commission to give high priority to the protection and coordinated management of estuarine waters, coastal wetlands, public trust areas, and estuarine shorelines, as an interrelated group of AECs, so as to safeguard and perpetuate their biological, social, economic, and aesthetic values and to ensure that development occurring within these AECs is compatible with natural characteristics so as to minimize the likelihood of significant loss of private property and public resources. History Note: Statutory Authority G.S. 102(b)(1); 102(b)(4); 113A-107(a); 113A-107(b); Eff. September 9, 1977. NORTH CAROLINA ADMINISTRATIVE CODE - 93 - MR&CD - COASTAL RESOURCES COMMISSION 7I .0200 .0204 AECs WITHIIN THE ESTUARINE SYSTEM The following regulations in this section define each AEC within the estuarine system, describe its significance, articulate the policies regarding development, and state the standards for develop- ment within each AEC. History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); Eff. September 9, 1977. ,.0205 COASTAL WETLANDS (a) Description. Coastal wetlands are defined as any salt marsh or other marsh subject to regular or occasional flooding by tides, including wind tides (whether or not the tide waters reach the marshland areas through natural or artificial watercourses), pro- vided this shall not include hurricane or tropical storm tides. Coastal Wetlands contain some, but not necessarily all, of the following marsh plant species: (1) Cord Grass (Spartina alterniflora), (2) Black Needlerush (Juncus roemerianus), (3) Glasswort (Salicornia spp.), (4) Salt Grass (Distichlis spicata); (5) Sea Lavender (Limonium spp.), (6) Bulrush (Scirpus spp.), (7) Saw Grass (Cladium 3amaicense), (8) Cat-tail (Typha spp.), (9) Salt Meadow Grass (Spartina patens), (10) Salt Reed Grass (Spartina cynosuroides). Included in this definition of coastal wetlands is "such con- tiguous land as the Secretary of NR&CD reasonably deems necessary to affect by any such order in carrying out the purposes of this section." (G.S. 113-230(a)) (b) Significance. The unique productivity of the estuarine system is supported by detritus (decayed plant material) and nutrient that are exported from the coastal marshlands. The amount of exportation and degree of importance appears to be variable from marsh to marsh, depending primarily upon its frequency of inundation and inherent characteristics of the various plant species. Without the marsh, the high productivity levels and complex food chains typically found in the estuaries could not be maintained. Man harvests various aspects of this productivity when he fishes, hunts, and gathers shellfish from the estuary. Estuarine dependent species of fish and shellfish such as menhaden, shrimp, flounder, oysters, and crabs currently make up over 90 percent of the total value of North Carolina's commercial catch. The marshlands, there- fore, support an enormous amount of commercial and recreational businesses along the seacoast. The roots, rhizomes, stems, and seeds of coastal wetlands act as good quality waterfowl and wildlife feeding and nesting materials. In addition, coastal wetlands serve as the first line of defense NORTH CAROLINA ADMINISTRATIVE CODE 9 94- NR&CD - COASTAL RESOURCES COMMISSION -71 .0200 in retarding estuarine shoreline erosion. The plant stems and leaves tend to dissipate wave action, while the vast network of roots and rhizomes resists soil erosion. In this way, the coastal wetlands serve as barriers against flood damage and control erosion between the estuary and the uplands. Marshlands also act as nutrient and sediment traps by slowing the water which flows over them and causing suspended organic and inorganic particles to settle out. In this manner, the nutrient storehouse is maintained, and sediment harmful to marine organisims is removed. Also, pollutants and excessive nutrients are absorbed by the marsh plants, thus providing an inexpensive water treatment service. (c) Management Objective. To give highest priority to the pro- tection and management of coastal wetlands so as to safeguard and perpetuate their biological, social, economic and aesthetic values. To coordinate and establish a management sysyem capable of con- serving and utilizing coastal wetlands as a natural resource essential to the functioning of the entire estuarine system. (d) Use Standards. Suitable land uses shall be those consistent with the above management objective. Highest priority of use shall be allocated to the conservation of existing coastal wetlands. Second priority of coastal wetland use shall be given to those types of development activities that require water access and cannot function elsewhere. Unacceptable land uses may include, but would not be limited to, the following examples: restuarants and businesses; residences, apartments, motels, hotels, and trailer parks; parking lots and private roads and highways; and factories. Examples of acceptable land uses may include utility easements, fishing piers, docks, and agricultural uses, such as farming and forestry drainage, as permitted under North Carolina's Dredge and Fill Act and/or other applicable laws. In every instance, the particular location, use, and design characteristics shall be in accord with the general use standards for coastal wetlands, estuarine waters, and public trust areas described in Rule .0208 of this Subchapter. History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b)(1); Eff. September 9, 1977; Amended Eff. January 20, 1978. .0206 ESTUARINE WATERS (a) Descript-ion. Estuarine waters are defined in G.S. 113A-113(b) (2) as "all the water of the Atlantic Ocean within the boundary of North Carolina and all the waters of the bays, sounds, rivers, and tributaries thereto seaward of the dividing line between coastal fishing waters and inland fishing waters, as set forth in an agreement adopted by the Wildlife Resources Commission and the Department of Natural Resources and Community Development filed with the Secretary of State, entitled Boundary Lines, North Carolina Commercial Fishing - Inland Fishing Waters, Revised to March 1, 1965." NORTH CAROLINA ADMINISTRATIVE CODE - 9 5 - NR&CD - COASTAL RESOURCES COMMISSION 71 .0200 (b) Significance. Estuarine waters are the dominant component and bonding element of the entire estuarine system, integrating aquatic influences from both the land and the sea. Estuaries are among the most productive natural environments of North Carolina. They support the valuable commercial and sports fisheries of the coastal area which are comprised of estuarine dependent species such as menhaden, flounder, shrimp, crabs, and oysters. These species must spend all or some part of their life cycle within the estuarine waters to mature and reproduce. Of the ten leading species in the commercial catch, all but one are dependent on the estuary. This high productivity associated with the estuary results from its unique circulation patterns caused by tidal energy, fresh water flow, and shallow depth; nutrient trapping mechanisms; and protection to the many organisms. The circulation of estuarine waters transports nutrients, propels plankton, spreads seed stages of fish and shell- fish, flushes wastes from animal and plant life, cleanses the system of pollutants, controls salinity, shifts sediments, and mixes the water to create a multitude of habitats. Some important features of the estuary include mud and sand flats, eel grass beds, salt marshes, submerged vegetation flats, clam and oyster beds, and important nursery areas. Secondary benefits include the stimulation of the coastal economy from the spin off operations required to service commercial and sport fisheries, waterfowl hunting, marinas, boatyards, repairs and supplies, processing operations, and tourist related industries. In addition, there is considerable nonmonetary value associated with aesthetics, recreation, and education. (c) Management Objective. To give the highest priority to the conservation and management of the important features of estuarine waters so as to safeguard and perpetuate their biological, social, aesthetic, and economic values. To coordinate and establish a management system capable of conserving and utilizing estuarine waters so as to maximize their benefits to man and the estuarine system. (d) Use Standards. Suitable land/water uses shall be those consistent with the above management objectives. Highest priority of use shall be allocated to the conservation of estuarine waters and its vital components. Second priority of estuarine waters use shall be given to those types of development activities that require water access and use which cannot function elsewhere such as simple access channels; structures to prevent erosion; navigation channels; boat docks, marinas, piers, wharfs, and mooring pilings. NORTH CAROLINA ADMINISTRATIVE CODE - 96 - NR&CD - COASTAL RESOURCES COMMISSION 71 .0200 In every instance, the particular location, use, and design characteristics shall be in accord with the general use standards for coastal wetlands, estuarine waters, and public trust areas described in regulation .0208 of thi.; Subchapter. History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b), 113A-113(b)(2); Eff. September 9, 1977; Amended Eff. January 20, 1978. .0207 PUBLIC TRUST AREAS (a) Description. Public trust areas are all waters of the Atlantic Ocean and the lands thereunder from the mean high water mark to the seaward limit of state jurisdiction; all natural bodies of water sub- ject to measurable lunar tides and lands thereunder to the mean high water mark; all navigable natural bodies of water and lands there- under to the mean high water level or mean water level as the case may be, except privately-owned lakes to which the public has no right of access; all water in artificially created bodies of water containing significant public fishing resources or other public resources which are accessible to the public by navigation from bodies of water in which the public has rights of navigation; and all waters in arlificially created bodies of water in which the public has acquired rights by prescription, custom, usage, dedication, or any other means. In determining whether the public has acquired rights in artificially created bodies of water, the following fac- tors shall be considered: (1) the use of the body of water by the public, (2) the length of time the public has used the area, ,3) the value of public resources in the body of water, (4) whether the public resources in the body of water are mobile to the extent that they can move into natural bodies of water, (5) whether the creation of the artificial body of water required permission from the State, and (6) the value of the body of water to the public for navigation from one public area to another public area. (b) Significance. The public has rights in these areas, including navigation and recreation. In addition, these areas support valuable commercial and sports fisheries, have aesthetic value, and are important resources for economic development. (c) Management Objective. To protect public rights for navigation and recreation and to preserve and manage the public trust areas so as to safeguard and perpetuate their biological, economic and aesthetic value. (d) Use Standards. Acceptable uses shall be those consistent with the above management objective. In the absence of overriding public benefit, any use which significantly interferes with the public right of navigation or other public trust rights which the public may be found to have in these areas shall not be allowed. The development of navigational channels or drainage ditches, the use of bulkheads to prevent erosion, and the building of piers, NORTH CAROLINA ADMINISTRATIVE CODE - 97 - NR&CD - COASTAL RESOURCES COMMISSION 71 )20() wharfs, or marinas are ,xarnpl10i of uses that may he acceptahl] within public trust areas, provided that such uses will not be detrimental to the public trust rights and the biological and physical functions of the estuary. Projects which would directly or indirectly block or impair existing navigation channels, increase shoreline erosion, deposit spoils below mean high tide, cause adverse water ciroulation patterns, violate water quality standards, or cause degridlaLion of shellfish waters are generally considered incompatible .ltri the management policies of public trust areas. In every instance, the particular location, use, and design characteristics shall be in accord with the general use standards for cDastal wetlands, estuarlne waters, and purlic trust areas. History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b)(5); Eff. September 9, 1977. .0208 GENERAL USE STANDARDS FOR ESTUARINE SYSTEM AECs (a) The CRC will use the following criteria stated in this Section to determine if a development or its intended use would interfere with or negatively affect either public interests or natural values of the coastal wetlands, estuarine waters, and public trust areas. (b) Public Interests. (1) Finding that a project does not illustrate either the public or private need for a proposed develop- ment will be considered a negative factor in project evaluation. (2) Finding that a project is in conflict with officially adopted state, regional, or local land use plans, or policies applicable to the land and water areas under review will be considered a negative factor in project evaluation. (3) Finding that a project is incompatible with the purposes of an existing or proposed civil works project will be considered a negative factor in project evaluation. (4) Those particular projects, supported by public funds, that are initiated, planned, and constructed by federal or state programs and agencies must clearly exhibit overriding factors of national or state interest and public benefit in order to obtain favorable consideration. Preferred federal projects may include navigation aids, devices. and structures; maintenance activities in vital shipping channels NORTH CAROLINA ADMINISTRATIVE CODE - 9 8 - NR&CD - COASTAL RESOURCES COMMISSION 71 .0200 to continue intrastate and interstate commerce; and work necessary to increase use by waterfowl or con- serve important wildlife resources. (5) Finding that a proposal will or could create a sig- nificantly adverse effect on the value and enjoy- ment of the property of any riparian owner will be a negative factor in project evaluation. (6) Finding that a project may impede navigation of, or create undue interference with access to, or use of, navigable waters will be considered a negative factor in project evaluation. (7) All landowners have the general right to protect their properties from erosion, and usually these projects will be viewed favorably. Finding that there exists substantial probability that a proposed protective structure will result in damage to' nearby properties or harm public resources will be considered a negative factor in project evaluation. (8) In order to determine the proper balance between social, economic, and ecological costs and benefits of a project, the overall development plan will be evaluated to con- sider project purposes, multiple uses, social needs, local economic benefits, and anticipated secondary effects. If the balancing of these considerations does not interfere with the public interest, the pro- ject will receive favorable consideration. (9) If substantiated negative comments or reasonable objections are received from federal or state agencies, local govern- ments, public interest groups, riparian owners, and individuals, these comments will be considered negative factors in project evaluation. (c) Natural Values. (1) A project will be evaluated with the recognition that it will'be part of a complete and interrelated estuarine resource area. (2) A project's probable impact on the biological systems will be evaluated in relation to the cumulative- effect of existing and anticipated uses within the general vicinity of the site. (3) The location, design, and need for a project, as well as the construction activities involved, must be demon- strated to be suitable, considering the biological and physical processes of the estuarine system. The plan- ning and evaluation criteria of North Carolina's Divi- sion of Marine Fisheries and the Corps of Engineers will be utilized in determining the project's suitability regarding location, design, and construction methods. NORTH CAROLINA ADMINISTRATIVE CODE 99 - NR&CDr - COASTA, RESOURCIES CNMMISSION, 71 .(i20 (-4) In order to cons .-ve the. vital cornronent.t o! the estuarlne system, all development lli be ,nsisttent with the following polircies: (A) Finding that a project would requirc excavation and/or fill work directly with- in the highly productive, regularly florded coastal wetland (Spartina alternif'ora mnrsh.es or Aould alter their imp,prtant drainage pat- terns will be considerpd a negative factor in project evaluation. (B Finding that a project would destroy, alta-r. pollute, or interfere with the social ec�,- nomic, and biological values of proauctive shellfish beds (including sand, mudflat, and oyster beds) will be considered a nega- tive factor in project evaluation. (C) Finding that a project would destroyu or adversely impact important marine grass beds, spawning and nursery areas of valuable estu- arine dependent fish species; and important nesting, feeding, and wintering sites of waterfowl or wildlife will be considered a negative factor in project evaluation. (D) Finding that a project would weaken natural erosion barriers, including peat marhland, resistent clay shorelines, and cypress-gurm protective fringe areas adjacent to vulnerable estuarire shorelines, will be considttred a negative factor in project evaluation. History Note: Statutory Authority G.S. 113A-107(a), 113A- 107(b); 113A-i13(b)(l), 113A-113'o)(2), 113A- 113(b)(5); Eff. September 9, 1977. .0209 ESTUARINE SHORELINES (a) Rationale. As an AEC, estuarine shorelines, although characterized as dry land, are considered a component of the estuarine system because of the close association with the ad- jacent estuarine waters. This Section defines estuarine shore- lines, describes the significance, and articulates standards for development. (b) Description. Estuarine shorelines are those non-ocean shorelines which are especially vulnerable to erosion, flooding, or other adverse effects of wind and water and are intimnately connected to the estuary. This area extends from the mean high water level or normal water level along the estuaries, sounds, NORTH CAROLINA ADMINISTRATIVE CODE - 100 - NR&CD - COASTAL RESOURCES COMMISSION 71 .0200 bays, and brackish waters as set forth in an agreement adopted by the Wildlife Resources Comrr:ssion and thoe Department of Natural Resources and Community Development (dfscribed in regulation .0206(a) of this Subchapter) for a distance of 75 feet landward. (c) Significance. Development within estuarine shorelines influences the quality of estuarlne life: and is suhbject to Lhe. damaging processes of shore front erosion and flooding. (d) Management Objective. To ensure shoreline developrne:. is compatible with both the dynamic naturr of estuarin:e ?,4eri:- lines and the values of the estuarine system. (e) Use Standards. (1) Suitable land uses shall be those consi:tont :ith. the management objectives. (2) Highest priority of land use allocation shall be given to recreational, rural, and-conservatlonal activities in those shoreline areas exhibiting a significant erosion rate. High priority shall be given to water access and shoreline protection pro- posals, provided that public resources will not be detrimentally affected. (3) Second priority of land use allocatir,n shall be given to proposals which illustrate a sound understanding of the management principles of this dynamic and susceptible zone. The applicant must demonstrate, in cases where the shoreline is to be altered, that notification of the proposed activity has been given to adjacent riparian land owners. (4) All allowable construction activities shall require the applicant's written acknnwledgemf-nt that there may be associated risks with building on the parti- cular location. (5) In order to give proper guidance to the applicant, the most up-to-date information concerning shore- line erosion rates and potentials for flooding shall be given, accompanied by recommended shoreline stabilization and flood-proofing techniques. (6) Proposals must not conflict with the purposes and goals of officially adopted state, regional, or local land use plans and regulations. (7) Proposed land uses should not significantly harm estuarine resources (both biological and physical) or cause damage to adjacent riparian properties. (8) Major public facilities that guide growth and land use patterns which may include, but are not limited to, roads, water lines, and sewers, will not be permitted within this category of AEC if their place- ment would result in a substantial possibility of excessive public expenditures for maintaining public safety and continued use of the facilities. NORTH CAROLINA ADMINISTRATIVE CODE - 101 - NR&CD - COASTAL RESOURCES COMMISSION 71 .0200 (9) All construction within the 75-foot estuarine shore- line zone shall be in compliance with all relevant provisions of local and state building codes. (10) All construction within the 75-foot estuarine shore- line zone shall be in compliance with the mandatory standards of the North Carolina Sedimentation Pollu- tion Control Act of 1973 (G.S. 113A-57). History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b), 113A-113(b)(6)(b); Eff. September 9, 1977. NORTH CAROLINA ADMINISTRATIVE CODE 02 - NR&CI) - COASTAL, RESOURCES COMMISSION 71 .0300 SECTION .0300 - OCEAN HAZARD AREAS .0301 OCEAN HAZARD CATEGORIES The next broad grouping is composed of those AECs that are considered natural hazard areas along the Atlantic Ocean shore- line where, because of their special vulnerability to erosion or other adverse effects of sand, wind, and water, uncontrolled or incompatible development could unreasonably endanger life or property. Ocean hazard areas include beaches, frontal dunes, inlet lands, and other areas in which geologic, vegetative and soil conditions indicate a substantial possibility of excessive erosion or flood damage. History Note: Statutory Authority G.S. 113A-107(a) 113A- 107(b), 113A-113(b)(6) a; 113A-113(b)(6) b; 113A-113(b)(6) d ; Eff. September 9, 1977. .0302 SIGNIFICANCE OF THE OCEAN HAZARD CATEGORY The primary causes of the hazards peculiar to the Atlantic shoreline are the constant forces exerted by waves, winds, and currents upon the unstable sands that'form the shore. During storms, these forces are intensified and can cause significant changes in the bordering landforms and to structures located on them. Hazard area property is in the ownership of a large num- ber of private individuals as well as several public agencies and is used by a vast number of visitors to the coast. Ocean hazard areas are critical, therefore, because of both the severity of the hazards and the intensity of interest in the areas. The location and form of the various hazard area landforms, in particular the beaches, dunes, and inlets, are in a permanent state of flux, responding to meteorologically induced changes in the wave climate. For this reason, the appropriate location of structures on and near these landforms must be reviewed carefully in order to avoid their loss or damage. As a whole, the same flexible nature of these landforms which presents hazards to development situation immediately on them offers protection to the land, water, and structures located landward of them. The NORTH CAROLINA ADMINISTRATIVE CODE - 103 - NR&CD - COASTAL RESOURCES COMMISSION 7I .0300 value of each landform lies in the particular role it plays in affording protection to life and property. (The role of each landform is described in detail in Technical Appendix 2 in terms of the physical processes most important to each.) Overall, however, the energy dissipation and sand storage capacities of the landforms are most essential for the maintenance of the land- forms' protective function. History Note: Statutory Authority G.S. 113A-107(a); 113A- 107(b); 113A-113(b)(6)a;113A-113(b)(6) b; 113A-113(b)(6) d ; Eff. September 9, 1977. .0303 MANAGEMENT OBJECTIVE OF OCEAN HAZARD AREAS The CRC recognizes that absolute safety from the destructive forces indigenous to the Atlantic shoreline is an impossibility for development located adjacent to the coast. The loss of life and property to these forces, however, can be greatly reduced by the proper location and design of shoreline structures and by care taken in prevention of damage to natural protective features. Therefore, it is the CRC's objective to provide management poli- cies and standards for ocean hazard areas that serve to eliminate unreasonable danger to life and property and achieve a balance between the financial, safety, and social factors that are involved in hazard area development. History Note: Statutory Authority G.S. 113A-107(a); 113A- 107(b); 113A-113(b)(6) a; 113A-113(b)(6) b; 113A-113(b)(6) d ; Eff. September 9, 1977. .0304 AECs WITHIN OCEAN HAZARD AREAS (a) This section defines each AEC within ocean hazard areas and describes its significance. Standards for the issuance of permits for each of these AECs are found in general use standards for ocean hazard areas (Regulations .0306 and .0307 of this Subchapter) (b) Ocean Beaches. (1) Description. Ocean beaches are lands consisting of unconsolidated soil materials that extend from the mean low water line landward to a point where either (A) the growth of vegetation occurs or (B) a distinct change in the slope or elevation of the unconsolidated sands alters the configuration of the landform. (2) Significance. Sand deposits of ocean beaches and shorelines represent a dynamic zone which does not afford long-term protection for development. The nature of tidal action and the force of storms are NORTH CAROLINA ADMINISTRATIVE CODE - 104 - NR&CD - COASTAL RESOURCIES COMMISSION 71 .00()0 such that they cause the beach areas to cronstantly shift. Littoral drift is a natural phrnornenon where- by sand is deposited upon a diff'erent stretch of the beach. The action also shifts the line of high tide and low tide. Ocean beaches and shor(:l3nes are valuable for public recreation and are located within a natural hazard area. Development within this dynamic zone may result in loss of property and possible loss of life. (c) Frontal Dunes. (1) Description. FronLtal dunes are mounds of sand locatLed directly landward of the ocean beaches and extending inland to the lowest elevation in the depression im- mediately behind the first dune ridge (commonly referred to as the dune trough). (2) Significance. Frontal dunes comprise a significant portion of the outer banks and barrier islands and represent a protective barrier for development on the outer banks. Development with inadequate design or construction may alter the protective character of the dunes and subject property to an increased risk of substantial damage due to the adverse effects of wind and water. Frontal dunes are also extremely dynamic and highly susceptible to the erosive effects of storm surges. (d) Inlet Lands. (1) Description. Inlet lands as identified by the state geologist are those lands with a substantial possibility of excessive erosion located adjacent to inlets and extending inland a distance sufficient to encompass that area through which either the inlet is predicted to migrate during the next 25 years or the maximum extent of recorded migration over the past 25 years, whichever is less; this distance will be determined for each inlet using a procedure outlined in Technical Appendix 3. (2) Significance. The particular location of the inlet channel is a temporary one, as such channels are sub- ject to extensive migration. Coastal inlet lands are extremely dynamic land areas that are highly suscepti- ble to becoming completely displaced by water. (e) Ocean Erodible Areas. (1) Description. The landward extent of those ocean shore- line areas identified by the state geologist to have a substantial possibility of excessive erosion has been determined for each ocean-fronting county from the report (no. 73-5) prepared by C. E. Knowles, Jay Langfelder, and Richard McDonald, published by the N. C. State University Center for Marine Coastal Studies, as follows: NORTH CAROLINA ADMINISTRATIVE CODE - 105 - NR&CD - COASTAL RESOURCES COMMISSION 71 .0300 Virginia line to Hatteras Inlet - 61 ft. Hatteras Inlet to Bogue Inlet - 72 ft. Bogue Inlet to Rich Inlet - 121 ft. Rich Inlet to Cape Fear Inlet - 156 ft. Cape Fear Inlet to South Carolina - 144 ft. line The above distances are measured landward from the sea- ward toe of the frontal dune (point of transition from beach to dune indicated by a significant change in ele- vation). (2) Significance. Ocean erodible areas are extremely dynamic lands, highly susceptible to becoming displaced by water created by periodic storm surges. History Note: Statutory Authority G. S. 113A-107(a); 113A-107(b); 113A-113(b)(6)a; 113A-113(b)(6)b; 113A-113(b)(6)d; Elf. September 9, 1977. .0305 OCEAN HAZARD AREAS - GENERAL IDENTIFICATION Ocean hazard areas include collectively the ocean beaches, frontal dunes, inlet lands, and ocean erodible areas AECs, each characterized by a substantial possibility of excessive erosion. For the purpose of public and administrative convenience, each designated minor development permit-letting agency is-authorized to designate, subject to CRC approval, a more readily identifiable land area within which an ocean hazard AEC is likely to occur. This designated notice area, however, must include all of the land areas as defined above. It is recommended that for this purpose each permit-letting agency consider the use of natural or man-made landmarks such as roads, existing hazard area delineations such as those prepared for administration of the Federal Flood Disaster Protection Act, or existing shore protection lines established for administration of county sand dune protection ordinances. History Note: Statutory Authority G.S. 113A-107(a); 113A- 107(b); 113A-113(b)(6) a; 113A-113(b)(6) b; 113A-113(b)(6) d ; Eff. September 9, 1977. .0306 GENERAL USE STANDARDS FOR OCEAN HAZARD AREAS (a) In order to avoid unreasonable danger to life and property, the construction or placement of structures to be used for residential, institutional, or commercial purposes will be permitted only landward of the frontal dune. NORTH CAROLINA ADMINISTRATIVE CODE - 106 - NR&CD - COASTAL RESOURCES COMMISSION 7I .0300 (b) In order to avoid excessive public expenditures for main- taining public safety, no construction or placement of major public facilities to be supported by state funds will be permitted in hazard areas. This includes, but is not limited to, sewers, waterlines and roads. (c) In order to avoid weakening the protective nature of frontal dunes, no development will be permitted which would in- volve the removal or relocation of frontal dune sand or frontal dune vegetation. (d) Any residential building erected within an ocean erodible area is required to be in compliance with the piling requirements (Appendix D, Section 3.0) of the N. C. Uniform Residential Building Code. All other construction in ocean hazard areas must comply with the state building code or more stringent local building codes. (e) The following construction activities may be permitted on or seaward of the frontal dune, provided that their specific loca- tion and design are demonstrated to be the most suitable alterna- tives and in compliance with the North Carolina Building Code and the standards set in paragraph (a) of the exceptions listed in regu- lation .0307 of this Subchapter. (1) necessarily water-oriented structures such as fishing piers; (2) structural accessways to beaches; and (3) non-permanent recreational structures such as lifeguard chairs. History Note: Statutory Authority G.S. 113A-107(a); 113A- 107(b); 113A-113(b)(6) a; 113A-113(b)(6) b; 113A-113(b)(6) d ; Eff. September 9, 1977. .0307 GENERAL USE STANDARDS FOR OCEAN HAZARD AREAS; EXCEPTIONS (a) Development which does not involve the placement or con- struction of major state supported facilities or of structures to be used for residential, institutional, industrial, or com- mercial purposes may be permitted in hazard areas if it can be demonstrated that development will not (1) reduce or cause to be reduced the amount of sand held in storage in beaches and frontal dunes, (2) cause accelerated erosion along the shore, or (3) otherwise increase the risk of loss or damage presented to life or property. (b) The construction or placement of a structure to be used for residential, institutional, or commercial purposes may be permitted on the frontal dune if it can be demonstrated that the size or location of an existing lot (as defined in 15 NCAC 71 .0307(d)). would not otherwise allow any practical use to be made of it. In such a case, written acknowledgement of the lot's location in a hazard area and of the state's policy concerning public expenditures NORTH CAROLINA ADMINISTRATIVE CODE - 107 - NR&CD - COASTAL RESOURCES COMMISSION 71 .0300 in hazard areas will be required of the property owner, as well as compliance with relevant provisions of the North Carolina Building Code and the standards set out in Regulation .0307(a) of this Subchapter. (c) The minimum necessary amount of removal or relocation of frontal dune sand or dune vegetation may be permitted if it can be demonstrated that the size or location of an existing lot (as defined in this Section of these Rules) would not otherwise allow any practical use to be made of it or if the development requiring that removal or relocation is shown to be in the best public interest. In either case, it must be demonstrated that such activity will be in compliance with the standards set in Regulation .0307(a) 1, 2 &3 of these Rules and that all reasonable measures will be taken to prevent erosion of the dune and to reestablish the dune and its vegetation in the most appropriate location. (d) The words "existing lot" in this Section shall mean a lot or tract of land which on the effective date of this Section is specifically described in a deed, contract, or other instrument con- veying fee title or which is specifically described in a recorded plat and which cannot be enlarged by combining the lot or tract of land with a contiguous lot(s) or tract(s) of land under the same ownership. History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b)(6)a; 113A-113(b)(6)b; 113A-113(b)(6)d; Eff. September 9, 1977; Amended Eff. January 20, 1978. NORTH CAROLINA ADMINISTRATIVE CODE - 108 - NR&CD - COASTAL RESOURCES COMMISSION 71 .0400 SECTION .0400 - PUBLIC WATER SUPPLIES .0401 PUBLIC WATER SUPPLY CATEGORIES The third broad grouping of AECs includes valuable small surface water supply watersheds and public water supply well fields. History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b) (3)a; Eff. September 9, 1977. .0402 SIGNIFICANCE These vulnerable, critical water supplies, if degraded, could adversely affect public health or require substantial monetary outlays by affected communities for alternative water source develop- ment. Uncontrolled development within the designated boundaries of a watershed or well field site could cause significant changes in run- off patterns or water withdrawal rates that may adversely affect the quantity and quality of the raw water supply. Also, imcompatible development could adversely affect water quality by introducing a wide variety of pollutants from homes, businesses, or industries, either through subsurface discharge, surface runoff, or seepage into the vulnerable water supply. History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b) (3) a; Eff. September 9, 1977. % _1 .0403 MANAGEMENT OBJECTIVE FOR PUBLIC WATER SUPPLIES The CRC objective in regulating development within critical water supply areas is the protection and preservation of public water supply well fields and A-l11 streams and to coordinate and establish a manage- ment system capable of maintaining public water supplies so as to perpetuate their values to the public health, safety, and welfare. History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b) 113A-113(b) (3)a; Eff. September 9, 1977. .0404 AECs WITHIN PUBLIC WATER SUPPLIES Public water supplies as a broad category includes two AECs: small surface water supply watersheds and public water supply well fields. The following discussion includes the description and the land use standards for each. Maps of these AECs are available at the CRC and the appropriate local minor development permit office. History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b) 113A-113(b)a; Eff. September 9, 1977; Amended Eff. January 20, 1978. (Note: Technical Appendix 4 (Section .1000 of this Subchapter) contains a description of four public water supply areas as identified by the North Carolina Department of Human Resources, Division of Health Services.) NORTH CAROLINA ADMINISTRATIVE CODE - 109 - NR&CD - COASTAL RESOURCES COMMISSION 71 .0400 .0405 SMALL SURFACE WATER SUPPLY WATERSHEDS (a) Description. These are catchment areas situated entirely within the coastal area which contain a stream(s) classified as A-11 by the Environmental Management Commission. This means the maximum beneficial use of these streams is to serve as public water supply areas. The watershed of the A-11 streams has been identified by the North Carolina Department of Human Resources for designation by the CRC. (b) Use Standards. The CRC or local designated official shall approve an application upon finding that the project is in accord with the following minimum standards: (1) Ground absorption sewage disposal systems shall be located a minimum of 100 feet from A-11 surface waters. (2) Development requiring a National Pollution Discharge Elimination System (NPDES) permit will be denied an AEC permit until the NPDES perimit is secured. (3) Land-disturbing activities (land clearing, grading, and surfacing) shall be in compliance with the mandatory standards of the North Carolina Sedimentation Pollu- tion Control Act of 1973 (G.S. 113A-57). History Note: Statutory Authority G. S. 113A-107(a); 113A-107(b); 113-113(b)(3)a; Eff. September 9, 1977; Amended Eff. January 20, 1978. .0406 PUBLIC WATER SUPPLY WELL FIELDS (a) Description. These are areas of well-drained sands that extend downward from the surface into the shallow ground water table which supplies the public with potable waters. These surficial wells fields are confined to a readily definable geographic area as identified by the North Carolina Department of Human Resources with assistance and support fr'm affected local governments. (b) Use Standards. The CRC or the local designated official shall approve an application upon finding that the project is in accord with the following minimum standards: (1) The project does not use ground absorption sewage disposal systems within the designated boundary of the well field. (2) The project does not require subsurface pollution injection within the designated boundary of the AEC. (3) The project does not significantly limit the quality of the water supply or the amount of rechargeable water to the well fields. (4) The project does not cause salt water intrusion into the public water supply or discharge toxic and/or soluable contaminants. History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113-113(b)(3)a; Eff. September 9, 1977. NORTH CAROLINA ADMINISTRATIVE CODE - 110 - NR&CD - COASTAL RESOURCES COMMISSION 71 .0500 SECTION .0500- FRAGIIE COASTAL NATURAL RESOURCE AREAS .0501 FRAGILE COASTAL NATURAL RESOURCE AREAS CATEGORY The fourth and final group of AECs is gathered under the heading of fragile coastal natural resource areas and is defined as areas containing environmental or natural resources of more than local significance in which uncontrolled or incompatible development could result in major or irreversible damage to natural systems, scien- tific or educational values, or aesthetic qualities. History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b)(4)e; 113A-113(b)(4)f; 113A-113(b)(4)g; Eff. September 9, 1977. .0502 SIGNIFICANCE Fragile coastal natural resouce areas are generally recognized to be of educational, scientific, or cultural value because of the natural features of the particular site. These features in the coastal area serve to distinguish the area designated from the vast majority of coastal landscape and therein establish its value. Such areas may be key components of systems unique to the coast which act to maintain the integrity of that system. Areas that contain outstanding examples of coastal processes or habitat areas of significance to the scientific or educational communities are a second type of fragile coastal natural resource area. These areas are essentially self-contained units or "closed systems" minimally dependent upon adjoining areas. Finally, fragile areas may be particularly important to a locale either in an aesthetic or cultural sense. History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b)(4)e; 113A-113(b)(4)f; 113A-113(b)(4)g; Eff. September 9, 1977. .0503 FRAGILE COASTAL NATURAL RESOURCE AREAS; DESIGNATION (a) Special Designation Process. The designation-of a coastal complex natural area, a unique coastal geologic formation, or a coastal area that sustains a remnant species is a process peculiar to these categories of AECs alone. Unlike the other AECs, desig- nation is based upon a procedure of nomination, evaluation, and site specific designation. NORTH CAROLINA ADMINISTRATIVE CODE - 111I - NR&CD - COASTAL RESOURCES COMMISSION 71 .0500 (b) Nomination. The first step in the nomination process will be the transmission of relevant information regarding the locution, size, importance, ownership, and uniqueness of the proposed site to the local government in whose jurisdiction the site is located and to the CRC. The local government will forward the nomination and recommendations to the CRC within 60 days of the first meeting of the local board lollowing that nomination. Those sites con- sidered appropriate, i.e. , meeting the definition of at least one of the fragile coastal natural resource areas categories, will continue to the evaluation step. (c) Evaluation. Opportunity will be given to local government officials, interest groups including private land owners, the CRAC, the CRC staff, and those with scientific expertise to comment on the appropriateness of designation. Statements from the scien- tific community should include any documentation attesting to the unique qualities of the site, and, when appropriate, a discussion relating the specific values of the site to the associated biolo- gical and physical systems. (d) Designation. The CRC has the sole authority to designate AECs; thus, upon receipt of all documentation and statements, the CRC must decide if designation is merited. This will be determined by Usta~blishing that the resource is of unusually high or unique quality and by showing that the resource does fit the descriptions of at least one of the fragile coastal natural resource areas cate- gories. General statements from local government and interest groups will be considered along with the scientific rationale. All parties involved in the processes of nomination and evaluation will be informed in writing of the commission's decision to desig-' nate or not to designate the site in question. A public hearing is required prior to designation of each si~te at which time the commission shall present the scientific documenta- tion and general statements in support of the designation decision. Also, the values established in the evaluation stage will be so stated and' will be used as the basis for policy development by which permits will be approved or denied. All sites chosen for designation that are within the bounds of state-owned property will become an AEC regardless of state agency ownership. Sites located on private property will immediately become AECs if the property owner is in favor if its designation. If land owners dissent, they will be given 60 days to prepare arguments explain- NORTH CAROLINA ADMINISTRATIVE CODE - 112 - NR&CD - COASTAL RESOURCES COMMISSION 71 .0500 ing why their property should not be designated, whereupon the commission will make its final judgement. It is the intent of the commission to point out the significance of AECs on private property and to suggest how appropriate development should pro- ceed within the constraints imposed by constitutionally guaranteed rights of private property. History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b)(4)e; 113A-113(b)(4)f; 113A-113(b)(4)g; Eff. September 9, 1977. ..0504 AECs WITHIN FRAGILE COASTAL NATURAL RESOURCE AREAS CATEGORY The description, significance, and management objectives for each AEC (coastal complex natural areas, coastal areas that sus- tain remnant species, and unique coastal geologic formations) within the grouping of fragile coastal natural resource areas follows in Regulations .0505, .0506, and .0507 of this Subchapter. History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b)(4)e; 113A-113(b)(4)f; 113A-113(b)(4)g; Eff. September 9, 1977. .0505 COASTAL AREAS THAT SUSTAIN REMNANT SPECIES (a) Description. Coastal areas that sustain remnant species are those areas that support native plants or animals determined to be rare or endangered (synonymous with threatened and endangered), within the coastal area. Such places provide habitats necessary for the survival of existing populations or communities of rare or endangered species within the coastal area. Determination will be made by the Commission based upon the listing adopted by the North Carolina Wildlife Resources Commission or the federal govern- ment listing; upon written reports or testimony of experts indi- cating that a species is rare or endangered within the coastal area; and upon consideration of written testimony of local govern- ment officials, interest groups, and private land owners. (b) Significance. The continued survival of certain habitats that support native plants and animals in the coastal area is vital for the preservation of our natural heritage and for the protection of natural diversity which is related to biological stability. These habitats and the species they support provide a valuable educational and scientific resource that cannot be duplicated. (c) Management Objective. To protect unique habitat conditions that are necessary to the continued survival of threatened and endangered native plants and animals and to minimize land use impacts that might jeopardize these conditions. NORTH CAROLINA ADMINISTRATIVE CODE - 113 - NR&CD - COASTAL RESOURCES COMMISSION 71 .0500 History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b)(4)f; Eff. September 9, 1977. .0506 COASTAL COMPLEX NATURAL AREAS (a) Description. Coastal complex natural areas are defined as lands that support native plant and animal communities and provide habitat qualities which have remained essentially unchanged by human activity. Such areas may be either significant components of coastal systems or especially notable habitat areas of scien- tific, educational, or aesthetic value. They may be surrounded by landscape that has been modified but does not drastically alter conditions within the natural area. (b) Significance. Coastal complex natural areas function as key biological components of natural systems, as important scientific and educational sites, or as valuable sceni-c or cultural resources. Often these natural areas provide habitat suitable for threatened or endangered species or support plant and animal communities representative of pre-settlement conditions. These areas help provide a historical perspective to changing natural habitats in the coastal area and together are important and irreplaceable scientific and educational resources. (c) Management Objectives. To protect the features of a desig- nated coastal complex natural area in order to safeguard its bio- logical relationships, educational and scientific values, and aesthetic qualities. Specific objectives for each of these func- tions shall be related to the following policy statement either singly or in combination: (1) To protect the natural conditions or the sites that function as key or unique components of coastal systems. The interactions of various life forms are the fore- most concern and include sites that are necessary for the completion of life cycles, areas that function as links to other wildlife areas (wildlife corridors), and localities where the links between biological and physi- cal environments are most fragile. (2) To protect the identified scientific and educational values and to ensure that the site will be accessible for related study purposes. (3) To protect the values of the designated coastal complex natural area as expressed by the local government and citizenry. These values should be related to the educa- tional and aesthetic qualities of the feature. History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b)(4)e, Eff. September 6, 1977. NORTH CAROLINA ADMINISTRATION CODE - I114 - NR&CD - COASTAL RESOURCES COMMISSION 71 .0500 .0507 UNIQUE COASTAL GEOLOGI1C FORMATIONS (a) Description. Unique coastal geologic formations are defined as sites that contain geologic formations that are unique or other- wise significant components of coastal systems, or that are especi- ally notable examples of geologic formations or processes in the coastal area. Such areas will be evaluated by the commission after identification by the state geologist. (b) Significance. Unique coastal geologic areas are important educational, scientific, or scenic resources that would be jeopardized by uncontrolled or incompatible development. (c) Management Objectives. The CRC's objective is to preserve unique resources of more than local significance that function as key physical components of natural systems, as important scientific and educational sites, or as valuable scenic resources. Specific objectives for each of these functions shall be related to the following policy statements either singly or in combination: (1) To ensure that the designated geologic feature will be able to freely interact with other components of the identified systems. These interactions are often the natural forces acting to maintain the unique qualities of the site. The primary concern is the relationship between the geologic feature and the accompanying bio- logical component associated with the feature. Other interactions which may be of equal concern are those4 relating the geologic feature to other physical components, specifically the relationship of the geologic feature to the hydrologic elements; ground water and surface runoff. (2) To ensure that the designated geologic feature or process will be preserved for and be accessible to the scientific and educational communities for related study purposes. (3) To protect the values of the designated geologic feature as expressed by the local government and citizenry. These values should be related to the educational and aesthetic qualities of the feature. 0 History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b)(4)g; Eff. September 9, 1977. .0508 FRAGILE COASTAL NATURAL RESOURCE AREAS; USE STANDARDS Permits for development in designated fragile coastal natural resource areas will be approved upon finding that: 1. The proposed design and location will cause no major or irreversible damage to the stated values of a particular site. One or more of the following values must be con- sidered depending upon the stated significance of the site: (a) Development shall preserve the values of the individual site as it functions as a critical component of a natural system.4 NORTH CAROLINA AD)MINISTRATIVE CODE - 115 - NR&CD - COASTAL RESOURCES COMMISSION 71 .0500 (b) Development shall not adversely affect the values of the site as a unique scientific or educational resource. (c) Development shall be consistent with the aesthetic values of a site as identified by the local govern- ment and citizenry. (2) No reasonable alternative sites are available outside the designated AEC. (3) Reasonable mitigation measures have been considered and incorporated into the project plan. These measures shall include consultation with recognized scientific authori- ties and with the CRC. (4) The project will be of equal or greater public benefit than those benefits lost or damaged through development. History Note: Statutory Authority G.S. 113A-107(a). 113A-107(b). 113A-113(b)(4)e; 113A-113(b)(4)f; 11A-113(b)(4)g, Eff. September 9, 1977. NORTH CAROLINA ADMINISTRATIVE CODE - 116 - NR&CD - COASTAL RESOURCES COMMISSION 7I .0600 SECTION .0600 DEVELOPMENT STANDARDS APPLICABLE TO ALL AECs .0601 NO VIOLATION OF ANY RULE No development shall be allowed in any AEC which would result in a contravention or violation of any rules, regulations, or laws of the State of North Carolina or of local government in which the development takes place. History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); Eff. September 9, 1977. .0602 POLLUTION OF WATERS No development shall be allowed in any AEC which would have a substantial likelihood of causing pollution of the waters of the State to the extent that such waters would be closed to the taking of shellfish under standards set by the Commission for Health Services pursuant to G.S. 130-169.01. History Note: Statutory Authority G.S. 113A-107(2); 113A-107(b); Eff. September 9, 1977. NORTH CAROLINA ADMINISTRATIVE CODE - 117 - NR&CD - COASTAL RESOURCES COMMISSION 71 .0700 SECTION .0700 TECHNICAL APPENDIX 1; DEFINITIONS FOR PUBLIC TRUST AREAS .0701 MEAN HIGH WATER (a) In bodies of water having six inches or more lunar tidal influence, mean high water is the average height of the high water over a 19 year period. For shorter periods of observations, corrections are applied to eliminate known variations and reduce the result to the equivalent of a mean 19 year value. (b) Mean high water may be ascertained from National Ocean Survey or U. S. Corps of Engineers tide stations data where available. In the absence of the precise method, one or more of the following acceptable approximation methods are to be used: (1) Short term (temporary) tide stations (i.e. seven days or more records properly corrected). (2) Extrapolation from nearby existing tide stations (where feasible). (3) Vegetative indicators such as the presence of Spartina alterniflora (saltmarsh cordgrass). (4) A relatively close approximation of mean high water may be assumed to be the physical water level on the project site, provided: (A) the body of water is within its normally established banks or shoreline, which may be determined by inspection of soil charac- ter indicators; (B) no sustained winds in excess'of 12 knots have occurred within a fifty mile radius of the project site in the three day period preceding the determination; and (C) the determination is made at the peak of the tidal cycle predicted by the National Ocean Survey Tide Tables to have a value equal to mean high water at the nearest published tide station to the project site. (c) Navigable means navigable-in-fact. (d) Navigable-in-fact means capable of being navigated in its natural condition by the ordinary modes of navigation including modes of navigation used for recreational purposes. The natural condition of a body of water for purposes of determining naviga- bility shall be the condition of the body of water at mean high water or mean water level as the case may be, and the condition of the body of water without manmade obstructions and without temporary natural obstructions. Temporary natural conditions such as water level fluctuation and temporary natural obstructions which do not permanently or totally prevent nagivation do not make an otherwise navigable stream nonnavigable. History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b)(5); Eff. September 9, 1977. NORTH CAROLINA ADMINISTRATIVE CODE - 118 - NR&CD - COASTAL RESOURCES COMMISSION 71 .0700 .0702 MEAN WATER LEVEL (a) In bodies of water having less than six inches lunar tidal influence, and excluding tropical storm and hurricane conditions, mean water level is the average height of all water levels. (b) In the absence of more precise data, a relatively close approximation of the mean water level may be assumed to be the physical water level on the site, provided: (2) The body of water is within its normally established banks or shoreline which may be determined by inspec- tion of vegetative and soil character indicators. (2) No precipitation of one inch or more has occurred upstream-of the project site in the seven day period preceding the determination. (3) No sustained winds in excess of 12 knots have occurred within a fifty mile radius of the project site in the three day period preceding the determination. History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b), 113A-113(b)(5); Eff. September 9, 1977. NORTH CAROLINA ADMINISTRATIVE CODE - 119 - NR&CD - COASTAL RESOURCES COMMISSION 71 .0800 SECTION .0800 TECHNICAL APPENDIX 2; OCEAN HAZARD AREAS .0801 PHYSICAL PROCESSES IN OCEAN HAZARD AREAS A wave is a movement of energy; a breaker is an energy dissipator. Winds give waves energy. Therefore the wave speed and size depend on wind speed, wind duration, the distance across which the wind blows with the same direction and speed (the fetch), and the state of the sea when the winds began to blow (Gilluly et al 1968). When waves enter the shallow water near the shore, the sea bottom interferes with wave motion causing waves to steepen and break. When a wave breaks, its energy is dissipated by throwing bottom sediments violently into suspension (Gilluly et al 1968). The sediments are carried with the rush of water until the water's turbulent energy is reduced to the point where sediments can no longer be transported. History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b)(6)a; 113A-113(b)(6)b; 113A-113(b)(6)d; Eff. September 9, 1977. .0802 DYNAMIC EQUILIBRIUM If the energy contained in the waves is low, the energy in the resultant swash is low and sediments are deposited quickly, for the most part landward of the breaking waves. If wave energy is high, swash energy is high, capable of continuing to pick up sediments, rather than depositing them, and carrying them seaward with receding waters. The reaction of the shore to these changing wave properties is a constant change in profile - a state of dynamic equilibrium in which the beach constantly, and the dunes periodically, readjust to the wave conditions prevailing at a given time. History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b)(6)a; 113A-113(b)(6)b; 113A-113(b)(6)d; Eff. September 9, 1977. .0803 BEACHES Generally in summer, winds forming waves are gentle, or short duration and short fetch. Summer waves, therefore, tend to be long and of low steepness, transporting less energy. Most of the energy of summer winds can usually be dissipated in the transportation of sediments landward; sediments carried in the swash of breakers are deposited shoreward causing a buildup of the beach berm (the high- est part of the beach). The elevation of the beach berm depends on the length of time that low swells dominate (Thompson and Har- lett 1968) since the berm is established by the highest of the normal waves which overtop the berm and deposit sediments as swash waters recede (Dean 1968). The beach berm in summer, therefore, becomes an intermediate sand storage region between the surf zone and the dunes, causing the wide beaches characteristic of normal NORTH CAROLINA ADMINISTRATIVE CODE - 1 20 - NR&CD - COASTAL RESOURCES COMMISSION 71 .0800 61 summer conditions. What is more, at low tide, sediments that were deposited on the berm at higher tides can be further trans- ported landward by the wind, causing a progressive build up of the adjacent dunes as well as the beach. Conversely, higher energy winter winds which may blow over a greater distance toward the shore produce steeper, higher energy waves which yield a higher energy swash. In winter, sand stored in the berm is eroded, transported offshore, and deposited in bars. This movement of sand offshore reduces the elevation of .the beach in winter increasing the exposure of the dunes somewhat to storm wave attack. However, the winter bar serves an important protec- tive function by producing shallower water offshore, causing sub- sequent waves to break further from the beach and dunes. Less energy from the winter waves, therefore, is available to attack and erode the shore further, since there is a greater distance over which swash can loose its energy. Th~e bars formed in the winter usually remain until summer when longer, lower waves trans- port the material stored in the bar back to the beach. In storms, as in winter, sand that was stored in the berm is placed back in the littoral (the seaward edge of the shore) system. Initially, sand eroded by the storm waves can function as a protec- tive winter offshore bar. When the storm waves decay, the bar migrates shoreward, eventually moving as far upward as the runup limit of swashes. The bar again forms a berm, which remains sta- bilized until destroyed by the next storm (Sonu 1968). In severe storms, however, storm surges, caused by prolonged and unusually violent onshore winds, can attain water levels above the existing beach elevation. The storm waves accompanying surges can erode sand not only from the beach, but from the dunes as well, and transport that sand to greater depths. Severe storms can trans- port this material to depths in excess of that from which summer waves are capable of transporting the sand back to the shore. In these extreme cases, erosion can be permanent, causing substantial losses of beach and dune property. History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b)(6)b; Eff. September 9, 1977. .0804 SAND DUNES The dunes along the shore are shaped by gentle prevailing winds acti~ng on the surplus of sand deposited by storms (McCullagh et al 1972). The configuration of the ground, the vegetation, and other obstacles can interfere with the wind and cause the sand it carries to accumulate. Once a dune begins to build it stabilizes somewhat by decreasing the wind velocity near the ground on the leeward side. Vegetation, particularly certain grasses, can help stabilize a dune more, however, by growing upward and extending roots downward anchor- ing the sand as it continues to accumulate. NORTH CAROLINA ADMINISTRATIVE CODE6 NR&CD - COASTAL RESOURCES COMMISSION 71 .0800 As a reservoir of sand and an energy dissipator, a dune well anchored with vegatation can reduce the ability of storm waves not accompanied by storm surges to attack the barrier directly; erosion and flood damage of the rest of the barrier island sur- face and the structures on it is thereby reduced. The more sand held in storage in dunes, the more sand there is to feed offshore bars, keeping all but the largest waves breaking at a greater dis- tance seaward. The higher the dunes, the longer they can pre- vent a storm surge from flooding the land behind them. When a dune is overtopped by a surge, it can help prevent further ero- sion of the barrier surface by dissipating the energy carried in the surge flow. History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b), 113A-113(b)(6)a; Eff. September- 9, 1977. .0805 SEDIMENT TRANSPORT Currents differ from waves in that currents are a continued and progressive forward movement of water; like waves, however, most surface ocean currents are directly or indirectly caused by the wind. Waves are the most important agents of erosion along a shore; currents are an important means of sediment transport (Thornbury 1969). Most waves break against the shore at a slight angle causing the swash to recede at an angle; the longshore cur- rents (or drift) which are thereby generated move sediment in sand waves oriented approximately parallel to the shore (Sonu 1968). These wave induced longshore currents are responsible for the majority of sand transport along the coast. Although weak (generally less than 2 feet per second), they are effective in transporting the sediments cast into suspension by the turbulent wave breaking process (Dean 1972). Like the onshore and offshore sand trans- port and its resultant beach profile changes, the direction, intensity and width of the current depend on the wave climate which generally varies seasonally (Dean 1972). In gross overall aspect the barrier islands have not been reduced in area to any great extent since an ample supply of sand is available to maintain the barrier island system (Pierce 1973a). Particular stretches along the coast, however, may show accretion or erosion dominant. Even slight natural or man-made irregularities in the shape of the shore can obstruct the longshore sediment flow. In addition, other wind driven currents can develop along an open coast. Where various currents converge or diverge, significant deposition or erosion can occur along adjacent stretches of beach. Currents in the vicinity of an inlet differ significantly from those present along an open coast exposed to the same wave climate. The persistent current along the coast adjacent to an inlet may be directed toward the inlet for both flood and ebb tidal flows, leading to a net transport of sand from the adjacent shore toward the inlet (Dean 1972). Some portion of the sediment involved in longshore transport is lost from the shore through tidal inlets into the sounds. The sediment movement caused by currents, there- fore, results in gradual shifts of barrier islands and of the inlets separating them (Hoyt and Henry 1973). North Carolina Administrative Code - 122 - NR&CD - COASTAL RESOURCES COMMISSION 71 .0800 History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 1]3A-1]3(b)(6)a; 113A-]lS(h)(6)b; 113A-113(b)(6)d; Eff. September 9, 1977. .0806 INLETS Inlets are breaches in the outer banks which allow the passage of water between the ocean and the sounds. Inlets function as channels for rising and falling tide waters and as outlets to the ocean for mainland stream flow. Since a relatively constant volume of water moves through inlets within each tidal cycle in normal (non-storm) conditions, an inlet normally maintains a relatively constant cross-sectional area (Hoyt and Henry 1973). Because of longshore currents, however, the location of inlets and inlet channels can migrate significantly, commonly moving in non-storm conditions in the prevailing direction of the longshore current. Storms can cause significant rises in sea level on both the ocean and sound sides of the barrier islands. In addition to surges, heavy rains on the mainland, as often accompany storms, cause increased stream flow into the sounds. To accommodate this increased volume of water, existing inlets may enlarge, new inlets may form, and/or parts of the barrier may simply be overwashed. Both tidal inlets and overwash fans are formed by a storm surge causing water to flow across a sand barrier. The resultant end product of this flow - tidal inlet or washover fan - depends on a variety of factors includihg (a) the topog- raphy of the barrier, the sound floor and the nearshore bottom, (b) the wave climate, (c) the type of storm generating the surge, and (d) the direction, either from the lagoon floor or the sea, from which the surge comes (Pierce 1973b). This variety of factors makes inlet formation, closure, and migration highly unpredictable. Direct wave attack on the oceanfront is probably ineffective in forming inlets (Pierce 1973b). To be effective in cutting a pass through a barrier, wave energy must be concentrated at some point or along a very narrow reach of shore. When the dune ridge is overtopped by a storm surge, the available energy may be sufficient to cut a channel if the flow itself can be channeled and if frictional losses are minimal. In general, the conditions necessary for this process are a narrow barrier with a steep slope and a deep adjacent sound. In the absence of these condi- tions, overwash fans (or flats) are formed from the oceanside where available flow energy was dissipated and transported sediments deposited. While direct frontal attack is usually unable to cut a new inlet itself, its prior erosion of the beach and lowering of the height of the dune ridge facilitate the cutting of an inlet from the sound. Tidal inlets in a wide barrier with extensive over- wash flats are generally opened from the sound side. Pierce (1973b) NORTH CAROLINA ADMINISTRATIVE CODE - 123 - NR&CD - COASTAL RESOURCES COMMISSION 7I .0800 found that in one study area at least all inlets that opened during storms occurred as extensions of tidal creeks or channels in the marsh. In most cases these inlets opened at virtually the same place along the barrier as inlets previously existed. History Note: Statutory Authority G.S. 113A-107(a); 113A-L07(b), 113A-113(b)(6)d; Eff. September 9, 1977. .0807 WASHOVER AREAS A considerable amount of beach and dune sand can be carried into washover areas by storm surges overtopping the dunes. Where barrier islands are relatively narrow, this sand may be carried completely across the barrier and lost into the marshes and sounds. Storm surge washover occurs along a barrier at points of lowest (or weakest) dune elevation; washovers extend furthest landward where the configuration of the barrier surface allows flow to be channeled. In general, where washover flow energy is quickly dissipated, a net build up of sand in the washover area can occur. Where flow is channeled, the washover area can remain low relative to the surrounding land, representing a likely site for future storm washovers. The volume of and extent of the washover deposits depend both on the size of the storm surge and on the supply of sand in the beaches and dunes. Areas where washover has occurred relatively recently are recog- nizable on the ground by characteristic vegetation patterns as well as by the land surface configuration. The susceptibility of a particular area to flooding by overwash from future storms can best be determined by topographic survey; its susceptibility to future inlet cutting depends on characteristics of adjacent sounds as well. Unvegetated washover areas can serve as temporary reservoirs for the eventual redistribution of sand since the bulk of the sand is blown back seaward contributing to the rebuilding of the beach and dune system (Leatherman 1976). After severe storms. However, the shoreline may be relocated landward of its former position if excessive amount of sand eroded were carried too far landward or seaward to be redeposited on the ocean shore. History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b)(6)a; 113A-113(b)(6)b; Eff. September 9, 1977. NORTH CAROLINA ADMINISTRATIVE CODE - 124 - NR&CDI - COASTAI, RESOURCES COMMISSION 71 .0900 SECTION .0900 TECIINICAL APPENDIX 3; INLET LANDS 4 .0901 IDENTIFICATION PROCEDURE FOR INLET LANDS Inli:ts are extremely variable in their migration patterns and in their rates of movement. Inlets that are maintained in an (essentially static: position through artificial control are not hazardous to adjacent developlment as long as maintenance continues. Since AEC designation in these stabilized inlets would be illogical, they are not included. Stabilized inlets are: 1) Beaufort Inlet; 2) Masonboro Inlet, and 3) the north side of Oregon Inlet. Inlets that are not stabilized move at diffe(ring rates in one or more directions. Recognizing the unique migration pattern characteristics ot inlets, AEC designation for nion-stahblized inlets depends upon exhibited past history of the inlet. History Note: Statutory Authority G.S. 113A-107(a), 113A-107(b); 113A-113(b)(6)d; Eff. September 9, 1977. .0902 DESIGNATION OF NON-STABILIZED INLETS Aerial photographs were used to ascertain inlet history because information obtained from them was more consistent than information obtained by other means, i.e., charts. From A HISTORICAL REVIEW OF SOME OF NORTH CAROLINA'S COASTAL INLETS, by Jay Langfelder et al, we acquired a summary of aerial photographical history until 1972 for Mad through Barden Inlets inclusive which we updated with the most recent photography (1974) available to us. Using the best sequence of photographs accessible for Ocracoke through Oregon Inlets inclusive, we generated our own historical data. Since Drum Inlet had been opened by the U. S. Army Corps of Engineers in December, 1971, we could not get enough information to do our own calculations and relied upon Corps' information. From the aerial photograph information, we determined the extent of migration of the inlet in both directions for the past 25 years (1949-1974) and the maximun average annual rate of migration in either direction since the earliest aerial photography for the inlet. Delineation of the AEC was based upon the following formula. For inlets that moved back and forth within their historical boundaries, we used whichever was less: A) The historical limit of the inlet in the past 25 years in either direction; B) Twenty-five years times the maximum average annual rate of migration was used. The maximum average annual rate of migration was determined through an analysis of the average rate of movement of the inlet shoreline per year as derived from successive aerial photographs. The maximum or greatest annual rate figured was defined as the maxiumm average annual rate of migration. Maps portraying the designated boundaries of inlet lands are available at the CRC and the appropriate minor development permit office. History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b)(6)d; Eff. September 9, 1977; Amended Eff. January 20, 1978. NORTH CAROLINA ADMINISTRATIVE CODE - 12.) - NR&CD - COASTAL RESOURCES COMMISSION 71 .1000 SECTION .1000 TECHNICAL APPENDIX 4; PUBLIC WATER SUPPLIES .1001 SMALL SURFACE WATER SUPPLY WATERSHEDS (a) The Fresh Pond between Kill Devil Hills and Nags Head on Bodie Island and adjacent catchment area: The Department of Human Resources proposed the fresh water lake on Bodie Island in Dare County as an area of environmental concern. Both the towns of Nags Head and Kill Devil Hills have water treatment plants which take their raw water from the fresh Aater lake located between the two towns on Bodie Island. The lake is approximately one-quarter mile west of the N. C. 158 Bypass. The area to be designated is bounded to the north and south by lines located 1500 feet from the northernmost and southernmost tips of the lake and running parallel to the corporate limits of the towns which bisects the lake, to the east by a line located 250 feet west of the centerline of the N. C. 158 Bypass and running parallel to the bypass, and to the west by the power line which runs along the top of the barrier dune. This fresh water lake is supplied by groundwater from the surrounding landmass and rainfall. When the lake is drawn down six or seven feet, the slope of the groundwater will tilt toward the lake. With heavy pumping the catchment area will become part of the water supply. This area is near the Cape Hatteras National Seashore Recrea- tion Area. In addition, Kill Devil Hills is the site of the Wright Brothers Memorial, a national monument. As a major tourist attraction this area draws people from across the east coast. Contamination of the water supply could, therefore, have an effect not only on other areas of the state but the east coast as well. (b) The Toomers Creek Watershed: The Department of Human Resources proposed the Toomers Creek at Wilmington in New Hanover County as an area of environmental concern. Toomers Creek is a tributary to the Cape Fear River and is classified as Class A-II swamp waters suitable as a source of water supply for drinking, culinary, or food processing purposes after approved treatment equal to coagulation, sedimentation, filtration, and disinfection, etc., and any other usage requir- ing waters of lower quality. Toomers Creek is utilized by the City of Wilmington as an auxiliary supply of raw water for drink- ing purposes. History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(a); 113A-113(b)(3)a; Eff. September 9, 1977. .1002 PUBLIC WATER SUPPLY WELL FIELDS (a) Cape Hatteras Well Field: The Department of Human Resources proposed the Cape Hatteras Water Association well field on Hatteras Island in Dare County as an area of environmental concern. The Cape hatteras Water Association is supplied with raw water from a well field located south of N. C. 12 on Hatteras Island between Frisco and Buxton. The area to be designated is bounded to the north, south, east, and west by a line located 500 feet NORTH CAROLINA ADMINISTRATIVE CODE - 126 - NR&CD - COASTAL RESOURCES COMMISSION 71 .1000 from the centerline of the well field. The well field consists of 35 wells in line and is approximately 20,000 feet in length in an east-west direction. The average yield per well is 19.8 gpm and the average drawdown is 4.7 feet. The swamp adjacent to the well field provides a large source of recharge. The aquifer is composed of thin beds of fine to medium quartz sand and extends from the land surface to a depth of 50 feet. At this point the soil grades vertically into a silt and clay zone which forms an aquiclude to a depth of 145 feet. Part of this area is recognized as a National Seashore Recrea- tion Area. Due to this fact contamination of the water supply could have an adverse effect on people other than the local residents of Hatteras Island. Water-borne disease organisms could be easily transported to other areas of the state or the east coast by tourists who are attracted to the area daily. (b) Elizabeth City Well Field: The Department of Human Resources proposed the well field at Elizabeth City in Pasquotank County as an are-a of environmental concern. The City of Elizabeth City is supplied with raw water from a shallow well field in the southeastern section of the Dismal Swamp at the end of SR 1309 approximately one-half mile west of the corporate limits of Elizabeth City. The well field begins at SR 1306 and extends west into the Dismal Swamp. The area to be designated is bounded to the south by the Southern Railway until it intersects SR 1144, to the east by SR 1306, 1309, and 1333, and to the north and west by the Dismal Swamp. The well field consists of approximately 250 well points piped by vacuum systems which deliver the water to storage basins. The shallow wells deliver about 2 gpm each. In addition, there are four deep wells in the field with capacities of about 400 gpm each. Total capacity of the field is approximately 1.5 MGD. The swamp is the source of recharge. History Note: Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A-113(a); 113A-113(b)(3)a; Eff. September 9, 1977. .1003 BIBLIOGRAPHY Dean, R. G. "Stormcharacteristics and Effects." In PROCEED- INGS OF SEMINAR ON PLANNING AND ENGINEERING IN THE COASTAL ZONE-- SEMINAR SERIES NO. 2. Coastal Plains Center for Marine Develop- ment Services. Wilmington, N. C. 1972. Gilluly, James, Aaron C. Waters and A. 0. Woodford. PRINCIPLES OF GEOLOGY. W. H. Freeman and Company. San Francisco, California. 1968. Hoyt, J. H. and V. J. Henry, Jr. "Influence of Island Migration on Barrier Island Sedimentation." In BARRIER ISLANDS edited by Maurice L. Schwartz. Dowden., Hutchinson and Ross, Inc. Stroudsburg, Pennsylvania. 1973. NORTH CAROLINA ADMINISTRATIVE CODE - 127 - NR&CD - COASTAL RESOURCES COMMISSION 71 10(0 Leatherman, Ste)h(!n P. BARRIER ISLAND DYNAMICS' OVERWASII PROCESSES AND EOLIAN TRANSPORT. Reprint ProcePdlngs of 15th Coastal Engineering Conference. 1976. McCullagh, Michael, Jr., Norman E. Hardy, and William O. Lockman. "Formation and Migration of Sand Dunes: A Simulatlin of Their Effect in the Sedimentary Environment." In MATHEMATICAL MODELS OF SEDIMENTARY PROCESSES edited by Daniel F. Merrliarnm. Plenum Press. New York, N. Y. 1972. a. Pierce, J. W. "Sediment Budget Along a Barrier Island Chain." In BARRIER ISLANDS edited by Maurice L. Schwartz. Dowden, lHutchinson and Ross, Inc. Stro,udsburg, Pennsylvania. 1973. b. Pierce, J. W. "Tidal Inlets and Overwash Fans." In BARRIER ISLANDS edited by Maurice L. Schwartz. Dowden, IHutchin- son and Ross, Inc. Stroudsburg, Pennsylvania. 1973. Sonu, C. J. COLLECTIVE MOVEMENT OF SEDIMENT IN LITTORAL ENVIRONMENT. Proceedings of 11th Conference on Coastal Engineering. American Society of Civil Engineers. New York, N. Y. 1968. Thompson, Warren C. and John C. Harlett. "The Effects of Waves on the Profile of a Natural Beach." PROCEEDINGS OF 11TH CONFERENCE ON COASTAL ENGINEERING. American Society of Cilil Engineers. New York, N. Y. 1968. Thornbury, William D. PRINCIPLES OF GEOMORPHOLOGY. John Wiley & Sons, Inc. New York, N. Y. 1969. NORTH CAROLINA ADMINISTRATIVE CODE COASTAL MAPS AE- r AEC mA A AlLCtjWi-. AlR~~i. %tAIIII,, -ihtt id- I.nfuJlnjca luj .,i.a I. I, 2' i 'N /7 V ( 'NV' ( / 4>j; --.-jI K. I / S '.- r - / / *4( // f-- - / / /1, A t Ji t A1 ,4 t I .it utt 4~ilj~141t~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~tJ~~~~~~~~~~~~~~~~' CHOWAN COUNTY Approximate location ot Areas of Environmental Concern rnj i I: AEC-Estuarine Waters and |i~ n r\ r\1 AAEC -Public Trust Waters AEC-Coastal Wetlands ! - -~ AEC-Estuarine Shoreline This map Is only an approximation of Areas of Environmental Concern and does not delineate any official boundary line. \X ~'~,~'o ,_c..~j )6/30/77 ENTON ,.-,,. " ~7 0 N-' *1 - 97 - / be CURRrTUCKCOUNTY APOMkmtg W.6.0 -1 NW ,kEC--PWk Tp W.ws tf.C-C"Kw walwwo 0. H.A A. Acc-omm m"0- AEC-4 . .. Dm AEC-O Emdbk A- AEC-4M. L.'.% puq 0--ok. 8/30/77 C...,. W 3.. Im MUM% M -"kW -Alt Ck..s*b IAlt l,.k..MD~s. 13I, ,~~~~ ,~- Yfi 'N~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~P~ ental~~~~~~~~~~~~~~~ Coner stuaring.Waters am I. �. _ ~4om, t IaaIno 'AEG-EsTuari Water Thsma s nyan approximation of Areas of Environmental 6/30/77 [ ,%Iec~tstuarou Shorelines Concern and does not delineate any ofica bundeary line. 'w4 - ~~~~~~~~~~~~~~~~~~~~~~~This map is only an approximation of Areas of Envwiromental Concern and does not delineate any official boundary line. HERTFORD COUNTY Approximate location of Areas of Environmental Concern AEC-Estuarine Waters and AEC-Publ ic Trust Waters AEC-Estuarine Shorelines 'A~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~? *~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~" -4~~ *~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~ -Z II 0~~~~~~~~~~~~~~~~~~~~~~ '0~~~~~p AppoiaeC locatin Beahe AraofEn-Fronmetal Conern AEC-cEsta rdinle Watres cineLands AEC-Psubline Thrustinees AEC-Costal SWfaeWtersplyateshds Timasonlyan Ha~rdxraino Areas o niomna AC-Fcrnadoesnotdlnaeayofcal boundaysin A EC-0~carErdbeAm 6/30/77 AEC-Omm~~ WW ~~~~~~;AE - fo Oma ~~~1~~Ae-m fml AV ~~~~~ktlmL ---- 1, ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ h sl /07 ~~~~~W~~~~~~~~~?~~C ....'4',.fdf".e b d . U. A~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ N ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~~~~~~~~~~~~w gi~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ACFM TrmWIf ~~~~~~~~~~~~~~~~~~~~~, ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ E-.U Wa- )~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~PIACEtdeS-1 /~~~~~~~~~~~~~~~~~~~~hsa pmn~ fA.% o 107 '*5%~~~~~~~~~~~~~~~~~~~C. -dd,- /l.,.. ~~ -dl l D I S M 4 S PASQUOTANK COUNTY Approximate location of Area of Environmental Concern AJEC-Estuarine W.teirs NW AEC-Publk Trust Waters AEC--C=NW Welland, AEC-Estarl.R elhies 6130/77 AEC-"Ik Water Supply Weil Flalds This MM ISO* an approximation of Areas of Environmental CAw- and don not delineate any official boundary line 10~~~~~ ~U - AEC-&- 0-1- AEC ~-O~a C.dbIE A-tJ ma AQA,~~~.MM.AA~. . . . o ~ Aft 1~ LW i~ ~~~C.: -mM-. ~ lb-~fl~Al toWSw This map Isonly an approximation of Areas of Environmental Concern and does not delineate any official boundary line _ -- \ 6/30/77 .u \ PERQUIMANS COUNTY Approximate location of Areas of Environmental Concern J AEC-Estuarine Waters and AEC-Public Trust Waters AEC-Coastal Wetlands AEC-Estuarine Shoreline "L~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~.2~ IN4. i.~~~M TYRRELL COUNTY Approximate location of Areats of Environmental Concern AEC-Estuarine waters 6/30/77 and AEC-Public Trust Waterm AEC-Coastail Wetlands/ PZq AEC-EstuarloweSh~oreilne This map is only an approximation of Areas of Environmental Concern and does not delineate any official bourndary line This map Isonly an approximation of Areas of Environmental Concern and does not delineate any official boundary line. S~~~~WASHIGONCUT K prxmt oaino ;-s~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~Aeso niomna ocr 3,;~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ACEtaieWtr L~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~n 1h~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~E-utcTutWtr AFC-Eftuarlne Watereln APPENDIX C e~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~-. APPENDIX C OTHER LEGAL AUTHORITIES TABLE OF CONTENTS Description of Authorities and the Organization of the 4 Agencies that Administer Them . . 129 INTRODUCTION ........................ 128 Department of NRCD . . . . . . . . . . . . . . .. 129 Division of Environmental Management .......... 132 Division of Marine Fisheries .............. 137 Division of Earth Resources ....... ....... 140 Division of Parks and Recreation ........... 143 Division of Forest Resources . . . . . . . . . . 144 Division of Community Assistance ............ 146 Department of Administration ........ ........ 148 Department of Agriculture .................. 153 Department of Commerce ................... 153 Department of Cultural Resources .............. 156 Department of Human Resources .... ........ . 157 Department of Transportation ......... ... .....160 Department of Justice .......... .......... 161 Interstate Regional Interests ................ 162 Standards by which Projects or Actions are Evaluated Under Each Authority ....................... 165 Department of Natural Resources and Community Development ........................ 166 i Water Quality . . . . . . . . . . . . . . . . . . . . . 167 Septic Tanks ...................... 169 Withdrawal of Surface or Groundwaters ........ . 171 Oil Refining Facility ................ 173 Air Pollution .................. 174 Construction of Complex Sources ............ 176 Well Construction ............... 177 Regional Water Supply Planning ............ 179 Regional Sewage Disposal Planning ..... 180 Dredge and Fill in Estuarine Waters ........ . 181 Fisheries Statutes ................... 183 Dam Construction . . . . . . . . . . . . . . . 184 Mining Permits ..................... 185 Permit To Drill an Exploratory Oil or Gas Well ..... 186 Geophysical Exploration Permit ............. 188 Sedimentation Erosion Control ............. 190 Natural and Scenic Rivers ............... 192 Trail System Act ............. 195 Acquisition/Management State Forests .......... 197 Department of Administration ................ 199 Easements to Fill ................... 200 Easement leases and sale of stateland . . . . . . . . 201 Acquisition of land for public purposes ........ 202 Department of Agriculture ................. 203 Pesticide Application ................. 204 Department of Commerce ................... 205 Public Utilities .................... 206 State Parts Authority ................. 207 Department of Cultural Resources. ..............20~ Acquisition and Management of Historic Properties. ..................209 Department of Human Resources. ...............210 Septic Tanks Under 3,000. ...............211 Solid Waste. ......................2 12 Sanitary Land Fill Operations. .............213 Public Water Supply. ..................215 Department of Transportation. ................218 Streets and Highways. .................219 Preservation of Scenic Beauty. .............222 - 128 - INTRODUCTION Section I of Appendix C describes the various authorities relative to critical uses in N. C.'s coastal zone and outlines the administrative framework under which each operates. Section II sets forth the various standards which have been developed in response to these statutory authorities. Projects and actions occurring in the coastal zone will be evaluated according to these standards; therefore these criteria should be viewed as performance standards to which each critical use will be subjected. The standards have been divided according to the different departments that administer them. Their order will also closely follow the .tatutory citations set forth on pp 129-64 as well as paralleling the Authorities Matrix (Chapter Five). The combination of these three components (Sect. I - Description of Authorities, Sect. II - Standards Developed Under Each Authority, and Authorities Matrix) should give the reader a better insight into the networking arrangement utilized by N. C.'s coastal management program to manage uses outside areas of environmental concern. - 1 29 - DESCRIPTION OF AUTHORITIES AND THE ORGANIZATION OF THE AGENCIES THAT ADMINISTER THEM The following is a description of the authorities that are relied upon to implement North Carolina's coastal management plan. These authorities have been referred to in the discussion of policies in Chapter Three, and in the matrix in Chapter Five describing the "breadth" of the authorities which apply to "critical uses." The discussion of each authority includes a reference to the statute(s) that legally establish that authority. More detail about each authority may be obtained by referring to the statute(s). The authorities are listed under the agency responsible for their administration. A brief description of each department and its major programs is also provided. (1) The Department of Natural Resources and Commrunity Development This agency is responsible for administering by far the broadest range of authorities related to coastal management. Therefore, DNRCD has been designated by the Governor as the single agency to manage the program develop- ment and administration phases of North Carolina's coastal zone management program. DNER (DNRCD) was created by the Executive Organization Act of 1971 (Article 12, G.S. 143A), and its present composition and powers are defined by the Executive Organization Act of 1973 (Article 7, G.S. 143B). -By com- bining the State's programs for economic development arnd management of natural resources in one department, DNER continues a long tradition of similar organi- zation in North Carolina. These functions were first combined in the State Geological and Economic Survey from 1905 to 1924 and later in the Department of Conservation and Development from 1924 to 1974. The duties of the Depart- ment are "to provide for management and protection of the State's natural resources and environment and to promote and assist in the economic development statewide" (G.S. 1438-276). The Department is headed by the Secretary of Natural Resources and Commnu- nity Development, assisted by two assistant secretaries. As provided by G.S. 143B-10(a), the Secretary "may assign or re-assign any function vested in him or in his department to any subordinate officer or employee of his departmenta The Department is functionally organized into seven divisions. These are the Wildlife Resources Commission (which is assigned to the Department for coordinating and reporting purposes only (G.S. 143B-281), the Division of Environmental Manage- ment, the Division of Marine Fisheries, the Division of Forest Resources, the Division of Earth Resources, the Division of Community Assistance, and the Division of Parks and Recreation. In addition, DNRCD includes the Board of Natural Resources - and Community Development, the Wil'dlife Resources Commission, the Environmental Management Commission, the Marine Fisheries Commuiission, the North Carolina Mining Commission, the Soil and Water Conservation Commission, the Sedimentation Control Commission, the Wastewater Treatment Plant Operators Cormmission of Certification, * and the Coastal Resources Commission; and a number of Councils and Committees. The Department's basic program delivery mechanism is through its Divisionsd and the staff of the Wildlife Resources Commission. In order to facilitate contact with the Department and in order to move the point of initial contact with the Department closer to citizens and local governments, the Department operates sevenj field offices in Washington, Wilmington, Fayetteville, Raleigh, Mooresville, Asheville, and Winston-Salem. Each field office has a full complement of personnel on environmental management and community development. Other functions of the Department are represented by assigned liaison personnel from other divisions. - The principal responsibility for administering CAMA is assigned by statute to DNRCD. The Department was designated by the Governor as the single agency to manage the program development phase of North Carolina's coastal area management program. Furthermore, the Department has also been designated as the single state agency to administer the State's program as required by 15 CFR 923.23. In addition, DNRCD is assigned statutory responsibility for pollution control, management of forests, fish and wildlife, and parks and recreation-and-for c~ommunity planning. This unique scope of authority achieved by virtue of DHRCD~s wide array of constituent - 1 31 - agenlcies, represent the potential for the kind of coordination that is necessary in a complex program such as coastal zone management. Thus, North Carolina's program is to a great extent located within a single implementing agency. To the extent that the program goes beyond the boundaries of this single agency and includes portions of coastal and marine responsibilities of other departments, the Office' of Marine Affairs will assist the Coastal Management Aqency in overall coordination with the other aqencies of state government. - 132 As might be inferred from the statutory mission of the Department, DNRCD administers a wide array of programs. These may be summiarized as foillows: (A) Division of Environmental Manaqement This Division administers a comprehensive program of water and air quality control and programs of planning and enforcement to support these functions. The purpose of the program is to achieve and main- tain for the citizens of North Carolina, a total environment of superior quality and to secure for the people the beneficial uses of water, air and integrally related natural resources. There are six principal sub- programs within the Division: Water Quality - administers programs designed to attain and maintain a level of water quality adequate for beneficial uses of the State's waters, but of a minimum quality, where attainable, which will provide for a balanced population of fish, shellfish, and wildlife. Planning and Management - efforts are primarily focused on comprehensive water resource planning and areawide water quality planning. This subprogram carries out a significant part of the Division's planning and advisory functions, most significantly, the Water Resources Framework Study and the State's 208 areawide Waste Treatment Management Study. The Coastal Management program will make every effort to coordinate with these programs, and where appropriate, to adopt the policies and practices established by both. Air Quality - administers a program designed to attain and maintain air quality equal or better than National Primary and Secondary air quality standards, and preserve the quality of presently clean air through development and implementation of a realistic "no significant deterioration" program. Groundwater Resources - the purpose of this program is the identification, evaluation, development, and management of the State's groundwater resources. Laboratory - provides analytical support to the air quality, water quality, and groundwater programs. Enforcement - maximize compliance with water quality, air quality, land quality, and groundwater statutes and regulations. - 133- The majority of the quasi-legislative, rule-making and enforce- mient authorities involved in the environmental management program are vested by statute in the Environmental Management Commission. The specific authorities administered by the Division of Envi- ronmental Management pursuant to the North Carolina General Statutes are as follows: - Water Quality Control Statutes--Chapter 143, Article 21 This series of statutes provides the Division of Environmental Management with authority to direct various forms of water uses most likely to directly and significantly affect coastal waters. Speci- fically, G.S. 143-214.1 enables the Environmental Management Com- mission to classify the waters of the State and adopt standards applicable to each classification. Then in order to prevent degra- dation of these waters, certain regulations are authorized. G.S. 143-214.2 prohibits discharge of any radiological, chemical, or biological warfare agent or high level radioactive waste into the waters of the State. Discharges, including thermal discharges, into groundwaters or the Atlantic Ocean within the jurisdiction of the State are also prohibited. G.S. 143-215.1 requires that a permit be secured by all persons desiring to make outlets into the waters of the State or otherwise become a "point source" for pollution of state waters, particularly including construction and alteration of sewage systems, treatment works, or other disposal systems. Actions upon permit applications may be based on criteria deemed necessary to prevent, so far as reasonably possible, any pollution or increased pollution of the waters of the State from additional or enlarged sources. G.S. 143-215.2 authorizes the Environmental Management Commission to issue a special order pursuant to the above authorities (143-214.1 and 143-215) to any person who it finds responsible for causing or contributing to any pollution of waters of the State for which stan- dards have been set. The above statutes, specifically G.S. 143-213(24); 143-215; 143- 215.1; and 143-215.3(a)(1), give the Environmental Management Commission authority to promulgate regulations for concentrated animal feeding operations. These regulations allow staff to determine whether concentrated feeding operations cause a discharge of pollutants to occur to surface waters of the State either through man-made ditches or other devices, or to surface waters which originate outside of and pass over, across, through, or otherwise come in contact with animals confined in the operation. A permit is J required for any operation found to cause such types of pollution. National Pollutant Discharge and Elimination System The EPA is authorized through Section 402 of the Federal Water Pollution Control Act of 1972 to set up and administer a permit pro- gram for point source discharge. This can be accomplished by a federal permit program or by certifying state permit programs if states can meet the criteria found in 40 CFR -124. The combination of regulations pursuant to the authorities mentioned above have been found consistent with federal standards. Therefore, Environmental Management now implements the federally approved NPDES program whose standards essentially complement the existing state regulations. The NPDES program affords consistency of regulation to all persons discharging or proposing to discharge point source waste into surface waters. All state actions are sub- ject to EPA veto when federal water quality standards are not ade- quately enforced. A NPDES permit is required of any person who wants to: - make any outlets into the waters of the State; - construct or operate any sewer system, treatment works, or disposal system within the State; - alter, extend, or change the construction or method of operation of any sewer system, treatment works, or disposal system within the State; - increase the quantity of waste discharged through any outlet or processed in any treatmnert works, or disposal system to an extent which would result in any violation of the effluent standards or limitations established for any point source or which would adversely affect the con- dition of the receiving waters to the extent of violating G. S. 143-215.95 et seq. gives the Secretary of DNRCD autho- rity to issue or deny permits for construction of new oil refining facilities (G.S. 143-215.100) and for continuation of existing facilities (G.S. 143-215.101(3)). The Secretary may impose appropri- ate terms and conditions and may deny permits upon finding that such facilities will have adverse effects on wildlife or fresh water, estuarine or marine fisheries; on air or water quality; or on the public health, safety and welfare which outweigh the project's bene- fits. The Secretary may require the installation of such facilities and protective measures as are necessary to prevent oil discharges to waters or lands of the State. - Air Quality Control Statutes G.S. 143-215.105 et seq. authorizes the Environmental Management Commission to create standards and classification for air contaminant sources. More specifically, G.S. 143-215.108 requires that persons engaging in specified activities likely to contravene air quality stan- dards must apply for a permit. Denial of the permit requires a deter- mination that permitting an additional source(s) or air pollution will result in air pollution within the area contrary to the public interest, health, safety, and welfare. G.S. 143-215.109 requires a permit for complex sources. G.S. 143-215.110 allows issuance of special orders for existing pollution sources in areas for which air quality standards have been set. - Well Construction Act G.S. 87-88 authorizes the Environmental Management Commission to issue permits for construction of wells with a capacity of greater than 100,000 gallons per day, or any wells in areas where ground water resources require protection for public welfare, health, and safety. In addition to the above regulatory authorities, the Division of Environmental Management has the following advisory and planning powers: - 1 35 - any of the standards applicable to such water, or to any extent beyond such minimum limits as the Commission may prescribe, by way of general exemption from the provisions of this paragraph, by its official regulations; - change the nature of the waste discharged through any disposal system in any way would exceed the effluent stan- dards or limitations established for any point source or which would adversely affect the condition of the receiving waters in relation to any of the standards applicable to such waters; - cause or permit any waste, directly or indirectly to be discharged to or in any manner intermixed- with the waters of the State in violation of the water quality standards applicable to the assigned classifications or in violation of any effluent standards or limitations established for any point source, unless allowed as a condition of any permit, special order, or other appropriate instrument issued or entered into by the Commnission under the provisions of this article; - cause or permit any wastes for which pretreatment is required by pretreatment standards to be discharged directly or in- directly, from a pretreatment facility to any disposal system or to alter, extend or change the construction or method of operation or increase the quantity or change the nature of the waste discharged from or processed in such facility; - enter into a contract for the construction and installation of any oulet, sewer system, treatment works, pretreatment facility or disposal system or for the alteration or exten- sion of any such facilities. Water Use Act G. S. 143-215.11 et seg. authorizes the Envirorwuental Management Commission to designate water capacity use areas where the use of groundwater or surface water or both is at a level to require coordi- nation and regulation to protect interests and rights of residents or property owners, or the public interest. It must be determined that - 136- withdrawal of water from or discharges of water pollutants to the waters within the area has resulted or probably will result in a generalized condition of water depletion or water pollution within the area to the extent that the availability or fitness for use of such water has been impaired for existing or proposed uses and that injury to the public health, safety, or welfare will result from in- creased or additional withdrawals or discharges. - Federal Water Resources Development Act G.S. 143-215.39 empowers the EMC to encourage development of river and harbor, flood control, and other similar civil works projects that will benefit counties, municipalities or regions of the State. Local governments may enter cooperative agreements with federal agen- cies and acquire land, easements, etc. to facilitate such projects. - Floodway Regulation G.S. 143-215.51 et seq. enables local governments to delineate 100 year floodways and to establish a permit program for development in those floodways. The Environmental Management Commnission is authorized to designate such floodways as it deems necessary if the local government has not done so. The purpose of the permit is to prevent obstructions that will increase the danger due to flooding. Certain uses, such as forestry, agriculture, open recreational area, boat dock and ramps, lawns, dams, bridges, and streets are permitted as of right. - Oil Pollution Control Act--Chapter 143, Article 21A This series of statutes is called the Oil Pollution Control Act of. 1973. G.S. 143-215.83 makes it unlawful to discharge oil into any waters, tidal flats, beaches or lands within the State, or into any sewer, surface water drain, or other waters that drain into the waters of this State, unless a permit for such discharge has been secured. A person responsible for such discharge is held responsible for removal and clean up of the affected area. 1 13 7 - Regional Water Supply Planning Act Chapter 162A, Article 2 (G.S. 162A-20 to 25) known as the Regional Water Supply Planning Act, authorizes the DNRCD (EMC) and the Department of Human Resources (Division of Health Services) to identify sources of water and areas suitable for regional water supply systems, to review and approve plans for such systems, and to administer a state program of financial assistance for regional water supply planning. - Regional Sewage Disposal Planning Act Chapter 162A, Article 3 (G.S. 162A-26 to 30), known as the Regional Sewerage Disposal System Planning Act, authorizes the Division of Environmental Management to identify sewage disposal problems and plan for their solution on a regional basis.' No state funds shall be dispersed for any sewerage disposal facility without first determining that the facility meets certain criteria in conformity with the State's regional planning approach. - Development and Improvement of Harbors G.S. 143-355 authorizes planning and execution of a long-range program for pireserving, developing, and improving riv~ers, harbors, and inland ports. This includes preparing engineering studies, plans and specifications and inspecting construction of projects. It also authorizes the EMC to provide professional advice relating to tide- water development, river works, watershed development, and the admiinis- tering of a sand dune rebuilding, hurricane protection, shore erosion, and long-range flood plain management program. (B) Division of Marine Fisheries The Division of Marine Fisheries and the Marine Fisheries Commis- sion are responsible for management of the State's marine and estuarine fish and shellfish resources and have the authority to regulate the use of certain estuarine environments that are vital to the successful propagation of these species. The Division is required to administer and enforce all license requirements and taxes as set out in Article 14 of G.S. 113, to promulgate rules and regulations governing coastal - 1 38 - fisheries and enforce them, to develop and improve the cultivation, harvesting, and marketing of oysters and clams, and to process, administer, and oversee all dredge and fill permit requests. The Marine Fisheries Conmmission is the rule-making body of the Division. As such, it is responsible for the promulgation of rules and regulations implementing the provisions of G.S. 113. G.S. 113-128 et seg. sets out state policy and regulatory authority for commercial fishing in the coastal area. G.S. 113-131 states that "the marine and estuarine and wildlife resources of the State belong to the people of the State as a whole. The Department and the Wildlife Resources Commission are charged with stewardship of these resources." (DNRCD has jurisdiction over the conservation of marine and estuarine resources.) Local fishing laws are abolished and state jurisdiction over the Atlan tic Ocean is stated as 200 miles or where water depth reaches 100 fathoms, whichever is greater. Regulatory, licensing, and enforcement powers are established for coastal fisheries in G.S. 113-182. These include regulations of methods and equipment for taking fish; seasons for fishing; size limits and maxi- mum quantities; opening and closing of waters for fishing; and the culti- vation, harvesting, transport, etc. of all marine and estuarine -resources. The Division currently administers four programs: Law Enforcement - The purpose of this program is to protect marine fisheries resources by enforcing the commercial and sports fishing laws and regulations in coastal waters as well as creating and maintaining public awareness of these laws and regulations so as to reduce violations. At present, about 50 inspectors patrol over 2,000,000 acres of coastal water and marsh, principally by small boats, augmented by several large patrol boats and two single engined seaplanes. In addition, these in-. spectors enforce departmental regulations pertaining to over 17,500 licensed fishermen and over 250 permitted dredge and fill activities. Inspectors also enforce restrictions within the more than 700,000 acres of water closed to shellfishing because of pollution. Over 650, violations of all sorts are found annually. Research and Development - This program is responsible for ob- taining biological and fisheries information needed to plan and implement intelligent fisheries management programs for the oceanic and estua~ririe - 13 9 areas under the Division's jurisdiction. Estuarine inventory and monitoring is aimed at establishing nursery areas and documenting changes in fisheries populations. A shrimp management project en- hances the possibility of harvesting more and bigger shrimp. The anadromous fish project accumulates information that Will help in the management of those fish that swim up rivers to spawn. Staff are involved with North Carolina State University scientists in a lobster research project that is assessing the potential of the American lob- ster resource off North Carolina. Shellfish rehabilitation studies - so as to increase the harvest of oysters - concentrate on planting potential oyster-producing areas with shells for cultch material. The R/V DAN MOORE, the Division's sea-going research vessel, is used to locate, monitor, and research offshore'fish stocks to increase actual or potential economic positions of coimmercial and sports fishing interests. Estuarine Management - The purpose of this program is to imple- ment the State dredge and fill law, G.S. 113-229. Through this work and effort it will reduce adverse alterations to the estuarine complex and to retain in a naturally productive state those areas of marsh and tidelands determined to be necessary for the sustained high yield 'of fish and shellfish. Standards and rules and regulations relating to dredge and fill work are adopted by the Marine Fisheries Commnission, the the Cormmission hears appeals of staff decisions regarding permit applications. Artificial Reefs - This program seeks to enhance fish populations by providing a desirable habitat by constructing artificial fishing reefs of suitable materials. It is anticipated that these reefs will enhance the quality of marine fishing, particularly for sports species. The specific regulatory authorities administered by the Division of Marine Fisheries are as follows: - Dredge and Fill Act G.S. 113-229 authorizes the Department to require a permit for dredge and fill activities in estuaries, tidelands, marshlands, or state-owned lakes. This includes the Atlantic Ocean to a three-mile - 140 - limit as well as bays, sounds, and rivers seaward of the dividing line between coastal and inland fishing waters as designated by DNRCD and the Wildlife Resources Commiission. Permits may be denied if there would be significant adverse effect on the use of water by the public; the value and enjoyment of property of any riparian owners; public health, safety, and welfare; conservation of public and private water supplies; wildlife or freshwater, estuarine, or marine fisheries. Denials may be appealed to the Marine Fisheries Commission. - Wetland Protection Orders G.S. 113-230 authorizes the Secretary of DNRCD; with the approval of the Marine Fisheries Commnission; to adopt, amend, modify, or repeal regulations restricting or prohibiting the dredging, filling, or other- wise altering of coastal wetlands (primarily defined as marshlands under G.S. 113-229(N)(3)) and contiguous areas for the purpose of promoting public safety, health, and welfare, and protecting property, wildlife, and marine fisheries. Activities in coastal wetlands that can be af- fected by such orders include 'dredging, filling, or other alterations such as removal of materials. -Fisheries Statutes and Registration of Grants in Navigable Waters G.S. 113-201 to 206 empowers the Marine Fisheries Coninission to make regulations to improve cultivation and harvesting of oysters and clams in both public and private beds. The Commission may lease public bottoms that &o not contain natural oyster and clam be~ds. The Commission may refuse a lease for any reason relating to the conservation of marine and estuarine resources. A leasehold shall be terminated for failure to comply with the regulations for cultivation and harvesting. (C) Division of Earth Resources The purpose of the Earth Resources Division if to survey, study, and evaluate the State's land and mineral resources and to protect the land resources of the State through the enforcement of mining, sedimentation, oil and gas conservation, and damn safety laws. 4 14- There are five major programs in the Division: Mineral Resources - This program seeks to gather, evaluate, and distribute timely information on the topography, geology, and mineral resources of the State and to promote their wide conservation and use by industry, commerce, agriculture, and government agencies. Petroleum - This program oversees the exploration, conservation, and development of any oil and gas that may occur within the State, while protecting the environment and individual mineral owner equity. Soil and Water Conservation - Promotes the conservation and wise utilization of the State's soil and water resources and provides flood protection for agricultural and urban lands of the State, while also developing recreational opportunities and water supplies for local government units. Statutory authorities derive from G.S. 139 and P.L. 83-566 and are discharged by the State Soil and Water Conserva- tion Commnission. Geodetic Survey - Provides the basic geodetic control for use in accurate mapping and survey work. Land Quality - Seeks to attain and maintain protection of land and waters of the State through controlling all mining operations and construction-related land disturbing activities and to assure the safety of all dams in the State, larger than 15 feet high or which impound more than 10 acre feet of water. Regulatory and quasi-legis- lative functions are performed by the Mining Commnission and the Sedimentation Commnission. The regulatory authorities administered by the Division of Earth Resources are as follows: -Dam Construction Act G.S. 215.23 to 215.37 provides that before dam construction, repair, or alteration can begin, an application must be approved and a permit issued. While the purpose of this law is primarily to ensure' the safety of persons and property directly threatened by the physical presence of impounded water, the legislation also recognizes the im- portance of the maintenance of minimum stream flows (G.S. 143-215.24). Thus, to be approved, applications must meet conditions which ensure safety and satisfy minimum stream flow requirements. Approval involves - 14 2 dam supervision and design by a qualified engineer, inspection, super- vision over maintenance and operation and review by specified state agencies. - Mining Act G.S. 74-46 et seq., the Mining Act of 1971, authorizes the Divi- sion to require permits and site inspections for all mining operations, to determine if the proposed operations will have adverse environmental effects. Where adverse effects are possible, the permit is either denied or approved with conditions or modifications to eliminate or minimize these adverse effects. Permits are subject to renewal at least every ten years and operations are inspected annually-. During inspection, the perimeter of the mine and any adjacent drainage or waterways are examined to determine if any off-site damage is occurring or is likely to occur from any source of erosion or other pollution in the mine area. When a damage causing deficiency is found, the operator is notified and given 30 days to correct the condition. Reinspection is given 30 days to correct the condition. Reinspection is made at the end of that period to assure compliance. - Oil and Gas Conservation Act G.S. 113-381 to 415, the Oil and Gas Conservation Act, is intended to assure that petroleum exploration is conducted in a manner that is economically efficient and which presents minimal threat of adverse environmental consequences. A permit to drill, once received, remains valid until the well is plugged and abandoned. Inspection consists of several visits to the well site during drilling by a Division repre- sentative. A division representative also inspects the well site after the drilling operation is complete to ensure that all rules and regula- tions have been complied with before bond is released. - Sedimentation Pollution Control Act G.S. 113A, Article 4, the Sedimentation Pollution Control Act of 1973, authorizes a Sedimentation Control Conmission under DNRCD which is - 14 3 to set up rules and regulations for the control of erosion and sedi- mentation from land-disturbing activities. The Commission is further charged with developing a local erosion control ordinance and assisting local governments in the development of their own ordinances. The Sedimentation Control Commission approves local erosion control projects and the sponsoring locality may then develop ordinances and other regu- latory tools. The local ordinances must be at least as strict as the state statute. If the local government does not decide to adopt such ordinances, then the Division of Resource Planning and Evaluation in DNRCD shall enforce the state statute. The Act authorizes both general and mandatory standards. The general standards apply to all "land-disturbing activity," which is any use of the land that results in a change in the natural cover or topography and that may contribute to or cause sedimentation. The Act appears, however, to exclude agricultural and forestry activities (G.S. 113A-52(6)). The Act includes mandatory standards for land- disturbing activities (G.S. 113A-57), including leaving an adequate buffer between such activity and a natural watercourse of lake area; the revegetation of sloped areas; and erosion control on land adja- cent to any land-disturbing activity undertaken on a tract of greater than one acre. (D) Division of Parks and Recreation This Division provides or assists in the provision of recreational opportunities to the people of the State and its visitors. The principal components of the program are the State Outdoor Recreation System, the State Zoological Park, and the Local Recreation Services Program. State Outdoor Recreation System - Provides appropriate outdoor recreation opportunities to the citizens of North Carolina and its visitors in the formi of State Parks, Recreation Areas, Natural Areas, Scenic Rivers, and trails, while preserving and protecting areas of outstanding natural, scientific, and scenic values. - 144 - State Zoological Park - Provides the people of North harolina and and its visitors a unique recreational and educational experience by providing them with a total natural habitat zoo. Recreation Consulting Services - Assists local units of government, private recreation groups, and individual citizens in the establish- ment and improvement of recreation services and opportunities. The primary authorities exercised by this Division concern the acquisition and management of park and recreation sites. - Acquisition and Management of State Parks G.S. 113, Article 2 outlines procedures to be followed in acquiring land for state parks. Land received by count~ies by tax sale may be received where suitable for park use. DNRCD may request a list of unredeemed tax delinquent lands and purchase them for an amount not to exceed the taxes due. A transfer of the deed must be approved by the Attorney General. - Natural and Scenic Rivers Act G.S. 113A-30 authorizes classification of natural and scenic rivers that meet certain criteria. Once designated, the environmental quality of the rivers is protected. Regulations may be established to implement the Act. Land may be acquired in fee, or interests can be acquired by scenic easement, donation, exchange, and other means, but such acqui- sition is the final responsibility of the Department of Administration. - North Carolina Trails System Act G.S. 113A-83, the North Carolina Trails System Act, authorizes establishment of routes for scenic and recreational trails. These may be. designated on state-owned lands, or land may be acquired in fee, by scenic easement, lease, and other means. CE) Division of Forest Resources The programs of the Division of Forest Resources are designated to develop and maintain on a perpetual basis the productivity of the State's forests with regard to timber, watersheds, wildlife habitat, soils and - 145 - outdoor recreation. The Division works to establish a proper balance of resource use and development so that the economic and sociologic needs for the general public, forest landowners, the timber products industries, and the national interest can be met. The Division's authorities derive from various sections of the General Statutes, chiefly Articles 2, 2A, 3, 4, 4A, 48, and 5 of G.S. 113. In addition, the Division cooperates with the U.S. Forest Service in the administration of a number of federal forestry programs. There are five major subprograms administered by the Division: Technical and Administrative Support - This program provides the administrative, engineering, and technical development functions re- quired to deliver the Division's programs in the field and to maintain the scientific integrity of the field programs. Forest Protection and Management - The primary activities of this program are to protect the forests of the State from damage and destruc- tion by wildfire, insects, and disease and to make the State's forests produce the maximum economic and social benefits by the application of forest management principles on a planned, continuous basis. Major activities are in forest fire control, forest management, and forest pest control. Forest Tree Nurseries - The objective of this program is the mass production and distribution of high quality planting stock to private and public landowners for the artificial reforestation of the State's 8.5 million acres of understocked forest land and for regeneration of timber stands after harvest. Forestation - This program offers the trained manpower, specialized equipment, and supervisory personnel needed to carry out the forestation practices reconmmended by the Forest Protection and Management staff or by private consulting foresters. All types of forestry services are available, but major emphasis is on conversion and preparation of sites for reforestation, tree planting, prescribed burning, and timber stand improvement. State Forests - This program seeks to educate the public to the economic and social values of the forest resources of the state~forests, - 146- and to observe the practices used to manage the forest for maximum development of those resources. There are six state forests throughout the State, none in the coastal area. The primary authority exercised by this Division is the acquisition and management of state forests and demonstration forests. - Acquisition and Development of State Forests G.S. 113-29 et seq. authorizes the purchase and acceptance of lands for such purposes. A transfer of deed must be approved by the Attorney General. Regulations may be set for the development and use of such lands. G.S. 113, Article 2 provides for funding of forest land administra- tion and protection, fire and insect control, forest development and consultation. (F) Division of Community Assistance This Division provides services to lead regional organizations, counties, and commuunities in on-going programs of local planning and management and criminal justice planning and to assimilate new aspects of commnunity assistance as they are developed. There are currently three principal programs in the Division: Local Planning and Management Services - This program assists local units of government to develop and improve their planning and management capabilities in order that they may plan more effectively for future growth and development. Staff members in this program, working out of the Washington and Wilmington Field Offices, developed about 50% of the local government land use plans required by CAMA. Law and Order - This program seeks to improve the law enforcement and criminal justice system in North Carolina. A Statewide Comprehen- siVe Plan is developed by this staff consistent with the Governor's Law and Order Commuission and the Law Enforcement Assistance Administration. Recyclable Waste Removal - The goal of this program is to remove unsightly and hazardous reclaimable debris, primarily in 29 western and 45 coastal counties. - 147 - - Promotion of Seashore Industry and Recreation A very important authority adciinistered by DNRCD is G.S. 113-1 et seq. which describes generally the powers and duties of the Department. These include investigations of the natural, industrial, and commercial resources of the State. Particularly important is G.S. 113-14.1 which authorizes DNRCD to exercise broad powers for promoting development of the seashore areas of the State. - Investigation of Impect of New and Expanded Industry G.S. 113-15.2 mandates the DNRCD to evaluate the effects of new and expanding industry on the natural and economic environment of the State. This is to be done as a part of DNRCD's process of promoting the development of Commerce and industry in the State. - 14 8 (2) The Department of Administration The Department of Administration (DOA) works with, and provides administrative services to all departments, commissions, and boards within state government. As the administrative arm of the Governor's Office, it performs central supervisory and management functions for state government: Program Planning and Fiscal Administration, Central Management Services, General Services, Human Resource Development, Special Commissions and Services, and Capital Improvements. Several DOA agencies and programs have close ties with coastal area management. (A) Marine Science Council This Council is charged with the following duties and responsibilities that directly contribute to an effective coastal management program: (1) To encourage the use and study of the ocean, estuarine and coastal waters of the state of North Carolina by the citizens and industries of the State; (2) To foster education and training in ocean science and technology in the State of North Carolina, including extension and continuing education; (3) To maintain liaison with corresponding authorities of nearby coastal states; (4) To develop and maintain continuing inventory of the ocean resources of the State of North Carolina and the industries and institutions that have significant competence in the science and industry of the oceans, including their personnel and facilities; (5) To coordinate efforts toward full development of the State's marine resources with proper attention being given to the need for conservation; (6) To coordinate plans for and work with relevant governmental agencies in the implementation of all federal, state, and local legislation relating to coastal and marine resources; - 149 - (7) To review all research, education, and management programs relating to coastal and marine resources and to recommend revision when appropriate (8) To report annually on the last day of June to the Governor on all its activities undertaken in connection with the duties and responsibilitiesyi assigned in this section together with any recommendations for new legi ' slation designed to accomplish the purposes of this Artitle. The Council is attached to the Office of Marine Affairs for staff support. (B) Office of Marine Affairs The Office of Marine Affairs coordinates the planning and implementation of current and future state, federal, and local programs relating to the coastal and marine resources of North Carolina. (Executive Order No. 28) The Office of Marine Affairs provides staff support to the Marine Science Council, initiates new marine programs and legislation, promulgates coastal and marine policy,'administers state support for the Sea Grant research program and administers the three coastal branches of the Marine Resources Center. The facilities of these Centers are made available to all state and private agencie to support their marine related programs in the following areas: (1) public information, (2) education, (3) research, and (4) advisory service. - 15 0 (C) The Land Policy Council The Land Policy Council, although advisory directly to the Governor, is housed in DOA and served by a staff attached to the Division of State Planning. The Council (Article 9, G.S. 113A) is composed of 14 members and is charged with preparing recommendations to the Governor concerning development of a state land policy, a system of land classification, and other policies and procedures relevant to land use. The work of the Land Policy Council with regard to land classification and the land policies of state agencies "insofar as it applies to lands within the coastal area" must "take account of and be consistent with" the guidelines developed under CAMA (G.S. 113A-108). The Secretary of DNRCD has served as a member of the Land Policy Council., and the Chairmlan and Vice-Chairman of the CRC have met with the Council to ensure coordination between the two bodies. At this time, the Land Policy Council has com- pleted its recommendations and they are set forth in a publication called A Land Resources Prociram for North Carolina. These policy recommendations and the land classification system have been approved by the Governor by means of an Executive Order.4 CD) The Inter-Governmental Relations Program This is the central point in state government for the coordination of federal, state, intrastate, and state-local activities. It develops capabilities to mobilize and manage state and federal resources more effectively to support state and local policy objectives. The State Clearinghouse that performs A-95 reviews on behalf of the State is a part of this program. The Secretary of DOA is a member of the Coastal Resources Advisory Council. The specific regulatory authorities administered by the DOA are as follows: - Easements to Fill in Submerged Lands G.S. 146-6(c) authorizes the granting of easements to fill in sub- merged lands. Any owner of land adjoining any navigable water who desires to fill in the area must apply to the OQA for an easement. The applicant must also deliver to each adjoining riparian property owner a copy of the application. Unless the DOA finds that the proposed easement will4 impede navigation; interfere with the use of the navigable water by the public; or injure any adjoining riparian owner,, the DOA is required to issue an easement to fill. Once the DOA allows the fill, it may sell the filled land and determine the amount of consideration to be paid. However, the selling of the filled land and the amount of consideration is conditional and subject to the approval of the Governor and the Council of State. Upon approval of the sale by the Governor and Council of State, a deed is executed in the name of the State of North Carolina, signed by the Governor, and attested by the Secretary of State. - Easements, Leases, Sale of State Lands G.S. 146-3 to 146-15 is a series of statutes regulating disposition of State lands. G.S. 146-7 authorizes the sale of timber rights. DOA may sell timber rights at such times, upon such consideration, in such portions, and upon such terms, deemed proper by the DOA and approved by the Governor and the Council of State. G.S. 146-8 authorizes disposition of mineral deposits in State sub- merged lands. After DNRCD requests that a mineral deposit be sold, leased, or otherwise disposed, the request must be approved by the DOA, the Governor, and the Council of State. Any disposition of submerged mineral deposits must be made subject to all rights of navigation and to any other terms and conditions as may be imposed by the State. G.S. 146-9 authorizes disposition of mineral deposits in state non-submerged lands. The DOA may sell, lease, or otherwise dispose of mineral rights at such times, upon such consideration, in such portions, and upon such terms deemed proper by the DOA and approved by the Governor and the Council of State. G.S. 146-10 authorizes leasing of non-submerged state lands. The DOA may lease or rent non-submerged lands at such times, upon such consideration, in such portions, and upon such terms as it deems proper and approved by the Governor, the Council of State, or by their desig- nated agency. G.S. 146-11 authorizes the granting of easements and right-of-ways in non-submerged lands. DOA may grant easements, right-of-ways, and other interests in state lands for the purpose of cooperating with the federal government; utilizing the natural resources of the State; or otherwise - 15 2- serving the public interest. The terms and consideration for such4 rights are also determined by DOA. G.S. 146-12 authorizes granting of easements in submerged lands for other purposes. DOA may grant adjoining riparian owners easements in submerged lands for such purposes and upon such conditions as it deems proper. However, no easement in front of a tract of land can extend further than the deep water line established by the governing body of an incorporated town nor can such easements obstruct or im- pair navagation. All easements must be approved by the Governor and the Council of State. DOA, with the approval of the Governor and the Council of State, can revoke an easement in submerged lands for other purposes if the grantee or his assigns violates and conditions of the easement. - Acquisition of Land for Public Purposes G.S. 146-22.1 authorizes the. acquisition of land. In order to carry out the duties of DOA as set forth in Chapters 143 and 146 of the General Statutes, DOA is authorized and empowered to acquire by4 purchase, gift, condemnation, or otherwise: lands necessary for public parks and forestry purposes; lands necessary to provide public access to the waters within the State; lands necessary for the development and preservation of the estuarine areas of the State; lands necessary for the development of waterways within the State; and lands necessary for acquisition of all or part of an area of environmental concern, as' requested pursuant to G.S. 133A-123. Note that these authorizations are a brief listing of the various statutory purposes for which the State Property Office may acquire land. Oth~er agencies have more specific and detailed statutory authority to recommend or make acquisitions for these purposes. For example, the Division of Parks and Recreation is authorized by G.S. 113-29 et seq. to acquire land for state forests and by G.S. 113-34 to acquire land for state parks. (3) The Department of Aqriculture The duties of the North Carolina Department of Agriculture (DOAG) are both service and regulatory. The authority of the DOAG is derived from the North Carolina General Statutes. The Board of Agriculture and Pesticide Board's regulations must also be administered by the Department. Work within DOAG reaches into a variety of fields; food and drug protection, pest control, the promotion of North Carolina's agricultural commodities throughout the world, animal health, agronomic services, consumer standards (weights and measures, gasoline and oil), the management of the Farmers' Market and the State Fair, as well as the operation of the North Carolina Museum of Natural Hi story. The chief administrative officer of the Department of Agriculture is the Commissioner of Agriculture. This is a statewide elected office and the Commissioner is a member of the Council of State. The Commnissioner has been connected with the CAMA through representation on the Coastal Resources Advisory Council and has served as a principal member of the Land Policy Council. I- G.S. 143-443 through G.S. 143-470 are the statutes which authorize the North Carolina Pesticide Board to regulate the distribution, sale, use, storage, and disposal of pesticides in North Carolina. The controls on pes- ticides are both direct, by establishing regulations concerning the type of pesticide and the method of use, or indirect by the licensing of applicators. The Pesticide Board has the responsibility for establishing regulations to protect people, plants, wildlife, fish aquatic life, and beneficial insects from improper application. The implementation of the North Carolina Pesti- cide Law of 1971 and regulations thereto are delegated to the Pesticide Control Division of the North Carolina Department of Agriculture. (4) The Department of Commerce This Department's (DOC) major programs relate to supervision and regu- lation of financial and public utilities services, to alcohol and milk industry regulations and to the provision of services to the State's labor force. The State Utilities Commission, composed of seven members appointed by the Governor and subject to confirmation by the General Assembly., is located in DOC. It is the body charged with regulatory rates charged by - 154 utilities providing electric, telephone, gas, water and sewer services.4 The comimission also regulates transportation services, safety inspection of commhlon carrier vehicles, utility franchising, and represents the State in related federal-state regulatory matters. The utility franchising ele.- ment is of major concern to coastal management because it is the process by which franchises (Certificate of Public Convenience and Necessity) are granted to public utilities for electric generating and related facilities. The Energy Policy Council was established in 1975 and placed in the Department. The Council is advisory to the Governor and General Assembly and does not have statutory authority over any operating programs of state government. It consists of 14 members including the Secretary of DNRCD, other agency heads, and legislative and public members. The principal duties of the Council are to develop an Energy Conservation Plan, an Energy Management Plan, an Emergency Energy Program, and an Energy Re- search and Development Program and to make recommendations regarding these to the Governor and General Assembly. Promotion of economic development statewide is one of the missions of DOC. The purpose of the Economic Development program is to promote orderly4 and planned economic growth in the State and to raise the standards of living of the people of the State. The goal is pursued through encouraging indus- try to move into North Carolina, promoting and aiding in the expansion of industry already located in the State, providing scientific and technical research support for North Carolina industries, and promoting tourist travel in the State through advertising and the operation of Welcome Centers. The major Division programs are: Food Industries Development - The purpose of this program is to provide investments, jobs, and other benefits in North Carolina by develop- ing food, seafood, agri-business, and marine-related industries. Industrial Development - This program promotes the development and assists in the location and expansion of desirable industry and new capital investment in North Carolina, thereby increasing quality industrial jobs, per capita income, and State and county tax base. International Development - This program promotes North Carolina in foreign countries by reverse investment, trade, tourism, joint ventures, and licensing opportunities.4 - 5~J Minority Business Development - The purpose of this program is to provide assistance to minority and disadvantaged businesses in order for them to establish a viable and competitive economic base. Science and Technology - This program stimulates scientific and tech- nological industrial development, promotes and supports scientific research and development, and assists in the application of scientific knowledge to benefit the State. Technical Services - Provides research support and coordinates economic planning and strategy for major divisional programs. Travel Development - Seeks to increase tourist expenditures in North Carolina, to create additional employment and personal income for those em- ployed by travel and travel-related industry, and to strengthen the overall economy of the State. Community Development - Assists local governments and organizations and community leaders in creating job opportunities, expanding the tax base, and raising the per capita income. - Public Utilities Act G.S. 62-2 and 62-110 to 118 authorizes the Utilities Commission to grant certificates of public convenience and necessity for construction of a generating facility. Although the projects are relatively few, the environmental consequences are very significant. The, direct effect on the environment can vary depending on the type and size of the plant. The secondary consequences concerning influence on other development is of great importance. When acting upon any facility for the generation of electricity, the Utilities Commission takes into account the applicant's arrangements with other electric utilities for interchange of power, pooling of plant, purchase of power, and other methods for providing reliable, efficient, and economical electric service. Inasmuch as "work by any utility and other persons for the purpose of construction of facilities for the development, generation, and trans- mission of energy to the extent that such activities are regulated by other law or by present or future rules of the State Utilities Comwission regulating the siting of such facilities" is not development and there- fore not subject to CAMA (G.S. 113A-103(5)(b)(3)), it is important to - 156 - clarify the roles of the Utilities Commission and ONER with regard to facility siting. The Utilities Commission can only authorize a utility to construct a facility by ruling that there is a need for such a facility and consequently issuing a certificate of public convenience and necessity for its construction. Although such approvals are for a specific site, the ultimate approval for location of an energy genera- ting facility at a given site lies with the Environmental Management Commission located in DNRCD. Thus, through its powers to regulate uses of air and water (Articles 21 and 21B, G.S. 143), and through specific authority to locate oil refineries (Article 21A, G.S. 143), the Secretary of DNRCD can determine where energy generating facilities are to be located. Neither Commission can override the other; both must approve a specific facility at a specific location before the facility can be built. It is also significant to note that there are no arbitrary ex- clusions of energy generating facilities of any sort from any area of North Carolina. Each case is decided on its own merits. - State Ports Authority G.S. 143-217 et seq. authorizes the State Ports Authority to develop and improve certain designated harbors so that they might better handle waterborne commerce. This may be done by improving facilities and portions of the waterways. The authority is also charged to cooperate with the federal government concerning war operations and other federal needs. The authority is given the general powers of an incorporated public agency. (5) The Department of Cultural Resources The Department of Cultural Resources promotes cultural resources and provides services and programs in the arts, history and in any other area which will enhance and enrich the lives of North Carolina citizens. The Department's four major programs are Administration, Historic Re- sources, Art Resources, and Library Resources. The Historic Services program staff administers the North Carolina Archives and History Act that "seeks to promote and encourage throughout the State knowledge and appreciation of North Carolina history and heri- tage." The Historic Sites Services and Archaeology sub-programs have strong ties to the coastal zone management program. Historical research is one of the major functions of the Hf1tor $ Sites Services sub-program, and - . -- *.4C. - -157- through the efforts of its staff, historic places have been identified meeting the criteria for AEC designation specified in G.S. 113A-113(b)(4)). Certain of these have been designated as IAECs. The Secretary of Cultural Resources is a member of the Coastal Re- sources Advisory Council. - Acquisition and Management of Historic Properties G.S. 121-9 authorizes the acquisition and administration of state historic sites. With approval of the Historical Commission, land may be acquired by purchase, gift, bequest, lease, etc. In cases of emergency, funds may be appropriated from a contigency fund or properties acquired by condemnation. (6) The Department of Human Resources This Department provides the necessary management, development of policy, and establishment and enforcement standards for the provision of services in the fields of general and mental health and rehabilitation with the basic goal being to assist all citizens to achieve and maintain an adequate level of health, social and economic well-being, and dignity. The Department administers six major programs: Administration and Sup- port, Promotion of Mental Health, Vocational Rehabilitation Services, Services for the Blind and Deaf, Physical Health Services, and Aid to Families with Dependent Children and Food Stamps. The Secretary of Human Resources is a member of the Coastal Resources Advisory Council. Several DHR programs, all under the cognizance of the Commnission on Health Services, are closely involved with~ coastal management. (A) Shellfish Sanitation The Shellfish Sanitation program strives to prevent the spread of disease from contaminated shellfish by controlling the sanitary production, harvesting, and marketing of shellfish before they are shipped. Shellfish Sanitation staff members inspect growing area waters and notify the Director of DNRCD's Division of Marine Fisheries that areas are to be closed when permissible pollution levels are exceeded. Staff members also detect and order elimination of sewage disposal violations along the coast. The Shellfish Sanitation staff if housed in DNR.CD's Marine Fisheries building in Morehead City. - 158 - (B) Salt Marsh Mosquito Control This program reduces the number of salt marsh mosquitoes by pro- viding assistance to local health departments and municipal control projects. Although mosquito control programs are exempt from the requirements of the State Dredge and Fill Act (G.S. 113-229), they are subject to the coordination requirements of CAMA (G.S. 113A-125(c)). (C) Water Supply Protection This program ensures that existing and new public water supplies are constructed and operated in a manner which makes them safe for use. Water supplies are protected by minimizing environmental health hazards that relate to location, design, construction, and operation of water systems. Any water system designed to serve over 10 persons must be reviewed prior to construction. Staff of this program provide the basic data required by CAMA (G.S. 113A-113(b)(3)(1)) when watersheds or aquifers presently serving as sources of public water supply, as identified by the Commission on Health Services, are proposed as AECs. Statewide standards for installation of septic tanks that dis- charge less than 3,000 gallons daily are set by the Commission on Health Services. These regulations are enforced by local health departments. Inasmuch as regulations relating to septic tanks dis- charging more than 3,000 gallons daily are set by DNRCD's Environ- mental Management Commission, DNRCD and DHR have initiated an effort to develop a single set of standards to be jointly adopted by both Commissions. These standards have been approved by the Environmental Management Commission (September, 1976) and are in the late stages of consideration by the Commission on Health Services. The Department of Human Resources administers the following regulatory authorities: Ground Absorption Sewage Disposal Act G.S. 130-160 et seq. and G.S. 130-166.22 authorizes the issuance of permits for septic tanks with a capacity of under 3,000 gallons by local health departments, in accordance with county health regulations. The Commission of Health Services has regulations adopted pursuant to G.S. 130-160, which require sanitary systems of sewage disposal, consisting of connections to a sewer system, approved septic tank system or sanitary privy. These regulations are enforced by local health departments with technical assistance from Health Services. It is under this authority that the county sanitarian also issues permits for water wells serving more than ten persons. G.S. 130-166.22, the Ground Absorption Sewage Disposal System Act of 1973, requires that before commencement of construction or relocation of any dwelling, or the location or relocation of any mobile home, a permit shall be acquired from the local health depart- ment authorizing the use of a septic tank or other ground absorption disposal system. The permit shall be issued only after a field investigation shows that such a system can be installed on the site without violating the rules and regulation of-the local board of health governing such installations. - Solid Waste Disposal G.S. 130-166.16 to 166.21, the Solid Waste Disposal Law, autho- rizes the Commission for Health Services to promulgate rules and regu- lations for disposal sites and for approving of sites pursuant to G.S. 130-166.16. The Department can also accept and distribute funds from sources including the federal government for providing solid waste disposal sites. In accordance with the federal Solid Waste Disposal Act (P.L. 89-272), EPA has established standards for solid waste disposal sites. These federal standards are administered along with the state standards by the Division of Health Services, DHR. Statewide standards for the establishmnent, location, and maintenance of solid waste disposal sites and facilities are set by the Commission for Health Services. Local governments and county health departments are generally responsible for direct regulation of these standards. Before a solid waste disposal site and facility can be utilized, the standards must be met and the site approved by the Commission for Health Services. Non-regulatory authorities, in the planning and financial assis- tance category, provided by the Division of Human Resources are as follows: G.S. 130-206 to 220 authorizes the Commission for Health Services and the Solid Waste and Vector Control Branch of the Sanitary Engi- neering Sections of the Division of Health Services to facilitate local government mosquito control projects by providing matching4 funds and consultation, thereby controlling mosquitoes which are potential disease vectors and a nuisance to the public. These projects often involve water management projects for the permanent control of mosquito breeding and space applications of approved insecticides for control of adult mosquitoes. Local governmental units apply for state assistance at the beginning of each fiscal year. Local water management projects are inspected bi-weekly, and space applications of insecticides are inspected bi-monthly. Detection activities consist of surveillance of suspected heavy- breeding areas and trapping and identifying mosquito species. - Sewer and Sanitation Act G.S. 130-157 et seq. provides for inspection and regulation of public drinking water supplies, including watersheds, and the approval of water supply systems. Municipalities are authorized to condemn lands needed for water supply systems. G.S. 130'-160 prohibits any person from defiling a public water supply. G.S. 130-161.1 requires drinking water supplies to be approved by the4 Commission. G.S. 130-165 requires all sewage and industrial waste to be treated before being discharged above any public drinking water supply. (7) Department of Transportation This Department's (DOT) duties include providing the necessary plan- ning, construction, and maintenance of an integrated statewide transpor- tation system. These responsibilities include highways, railroads, air- ports, bicycles, and the State Ports Authority. The Secretary of Trans- portation and one other member of his Department are members of the Coastal Resources Advisory Council. Coordination between DOT and coastal management has been effected in several ways. First, DOT planners have reviewed all local government land use plans and DNIRCD maintains a review of DOT's seven-year plan for high- way development. Second, DOT and the State Ports Authority are both sub- ject to the requirements of the state Dredge and Fill Act (G.S. 113-229) and to the other general environmental regulation requirements of DNRCD.4 - 16 1 - Highway Safety Act G.S. 136-44.1 authorizes the Department of Transportation to developI and maintain a statewide road system. This includes formulation of poli- cies concerning construction, improvement, and maintenance of these roads and highways. - Streets and Highways In and Around Municipalities G.S. 136-66.2 requires that every municipality, with the assistance of the Board of Transportation, develop a comprehensive plan for a street system to serve that municipality. After the plan is adopted, the Board of Trans- portation and the municipality shall decide which streets are part of the state system and which are part of the municipal system for purposes of future improvements and maintenance. - Preservation of Scenic Beauty of Areas Along Highways G.S. 136-122 et seq. authorizes the Board of Transportation to control areas adjacent to state highways by purchase of fees, easements, etc. for the purpose of promoting or restoring natural and scenic beauty along state highways. G.S. 136-126 et seq. authorizes regulation of outdoor adver- tising within 600 feet of the right-of-way of interstate or primary highways. (8) Department of Justice This Department, headed by the Attorney General of North Carolina, per- forms essential legal services in the name of the State. Among its principal duties, the Justice staff provides legal services to state departments, in- cluding DNRCD, by instituting court actions, defending agencies and their Board and Commissions. Justice attorneys act as counsel in all civil judi- cial proceedings and in administrative proceedings. CAMA specifies (G.S. 113A-124(d)) that the "Attorney General shall act as attorney for the Commission and shall initiate actions in the name of, and at the request of the Commission, and shall represent the Commission in the hearing of any appeal from or other review of any order of the Commission." Other statutory authorities important to coastal management but not administered by the above agencies are as follows: - G.S. 113A-135 authorizes the North Carolina Conservancy Corporation to purchase and develop lands for parks, recreation areas, and for general conservation, including lands to be maintained in their natural, unaltered4 condition. The corporation is governed by a nine-member Board of Trustees appointed by the Governor, Lieutenant Governor, and Speaker of the House. The Board has the power to acquire land, but cannot spend funds without approval of the Department of Administration. The Corporation is dependent on state-appropriated funds and does not power to issue bonds. - G.S. 113A-1 to 10 establishes the North Carolina Environmental Policy Act which is modeled after the National Environmental Policy Act of 1969 (see below, Section V.C.L., National Environmental Policy Act of 1969). Like the federal statute, the State Environmental Policy Act recognizes the value of the human environment and requires state agencies to prepare de- tailed environmental statements for every "recommendation or report on proposals for legislation and actions involving expenditure of public monies for projects and programs significantly affecting the quality of the environment of this State." The Act also specifies that copies of environmental statements, together with comments made by agencies with jurisdiction by law or special expertise, be submitted to the Governor, to agencies designated by the Governor, and to4 multi-county regional agencies, and that they shall follow the North carolina clearinghouse review process (see below, Section V.B.22., A-95 Review). Copies must also be made available to localities, institutions, and the public (G.S. 113A-4). Authority to review state environmental statements was assigned to the Council on State Goals and Policy, an executive board of prominent citizens created by the Governor of North Carolina in 1972. (9) Authorities Relating to Interstate Regional Interests Several interstate bodies have been established by North Carolina and adjoining (and other) coastal states for the purpose of studying and resolving problems of mutual concern in order to promote better management of coastal resources by cooperative decision-making and policy formulation. Some of these bodies, and the interests they represent, are as follows: (A) The Atlantic States Marine Fisheries Compact In 1949, the Atlantic States Marine Fisheries Commiission was established in order to promote the better utilization of the - 1 6 3 fisheries (marine, shell, and anadromous) of the Atlantic seaboard, by developing a joint program for the promotion and protection of such fisheries and by the prevention of their physical waste from any cause. The Commission has the power to recommend the coordination of the police powers of the several states to promote the preserva- tion of fisheries; the Commission is also directed to consult with and advise the pertinent administrative agencies in the participant states on problems connected with fisheries. (B) North Carolina-Virginia Water Resources Management Commi ttee In 1974, the North Carolina-Virginia Water Resources Management Committee was established for the purpose of-promptly resolving water resources problems arising in areas common between the two states. Identified problem areas needing cooperative planning include common river basins, coastal hazard areas, groundwater withdrawal areas, and potential reservoir developments. As called for in the arrangement established by the two states, each state will work directly with its political subdivisions in matters involving Committee action or interest. The Committee is authorized to invite representatives of federal, state, or local agencies, or representatives of any public or private interest to attend its meetings and to participate in any way the Committee deems necessary or desirable. The Committee is directed to submit reports when and as required to keep both Governors informed of Committee activities. (C) North Carolina-South Carolina Water Resources Management Commi ttee In 1976, a virtually identical (to the above) arrangement was established between North and South Carolina. (D) The Coastal Plains Regional Commission (CPRC) The Coastal Plains Regional Conmmission is a Title 5 Commission serving northern Florida, Georgia, South Carolina, North Carolina, and southern Virginia, made up of the governors of the states it serves. The CPRC was established for the purpose of improving the standards of living in the coastal portion of these states by promoting economic development and land use planning. The Commission participated directly in North Carolina's coastal management program initially by providing funds for local planning to - 1 65 - STANDARDS BY WHICH PROJECTS OR ACTIONS * ARE EVALUATED UNDER EACH AUTHORITY - 16 6 -I DEPARTMENT OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT - 1i7 - Permit to Discharge to Surface Waters and/or Operate Wastewater Treat- ment Facilities Discharging Into Surface Witers(G.S. 143-215) II No person shall do any of the following things without first obtaining a permit: (1) Make any outlets into the waters of the State. (2) Construct or operate any sewer system, treatment works, or disposal system within the State. (3) Alter, extend, or change the construction or method of operation of any sewer system, treatment works, or disposal system within the State. (4) Increase the quantity of waste discharged through any outlet or pro- cessed in any treatment works, or disposal system to an extent which would violate effluent standards. (5) Change the nature of the waste discharged through any disposal systen- in any way which would result in a violation of effluent standards. (6) Cause or permit any waste, directly or indirectly, to be discharged to or in any manner intermixed with the waters of the State in violation of water quality standards. (7) Cause or permit any wastes for which pretreatment is required to be discharged directly or indirectly, from a pretreatment facility to any disposal system or to alter, extend or change the construction or method of operation or increase the quantity or change the nature of the waste discharged from or porcessed in such a facility. (8) Enter into a contract for the construction and installation of any outlet, sewer system, treatment works, pretreatment facility or disposal system or for the alteration or extension of any such facilities. Permits to carry out ,he above activities are referred as N. P. D. E. S. permits The discharge of oil into state waters, tidal flats and beaches is also pro- hibited under G. S. 143-21 5. 83; however, permits for this activity fall under the scope of the NPDES permit program. III The Water Quality Section of the Division of Environmental Management located within the Department of NRCD is the agency charged with this responsibility. IV Industries discharging or planning to discharge waste to surface waters re- quiring pretreatment prior to entering other treatment works should acquire an application for a permit. Reply time for authorization is 90-120 days following receipt. Standards by which applications are reviewed are as follows: i. Effluent limits and guidelines for existing sources and standards of performance and pretreatment standard for new sources adopted by EPA are the applicable N. C. effluent limitations and guidelines for wastewater discharges to surface wate 2. Effluent limits in Effluent Limited Segments - for municipal waste- waters: )effluent limitations expressed in mg/1 as monthly average and weekly maximum average. - 168 - SECONDARY BPCTCA Effluent Characteristic Monthly Weekly Avg. Avg. Max. Avg. Max. BOD (5) 30 mg/ 1 45 mg/ I Reserved TSS 30 mg/1 45 mg/I Reserved ETcal Coliform 200/100 ml 400/100 ml Reserved pH Within the range of 6.0 to 9.0 For industrial waste discharges - effluent limits for these categories are set forth by EPA and have been adopted by the EMC. 3. Issuance of a permit is determined on whether any applicable standards will be violated, thus contributing to pollution of state waters. SEPTIC TANKS WITH A CAPACITY OF OVER 3,000 GALLONS PER DAY (G.S. 143-215.3) A Permit must be secured before disposing of sewage from any single family or multiple family residence, place of business, or place of public assembly above 3,000 gallons design capacity, which does not result in a discharge to surface waters of the state. Exempted from this is industrial process wastewater for which a permit should be obtained from the local Health Department. The Division of Environmental Management (DNRCD) is the State agency to which all permit applications should be made. The Department of Environmental Management has a standard application form which all applicants must fill out. Information to be included so as follows: percolation data on soil; design data, plans of the complete system including plans for the septic tank; system layout and cross-section profile of nitirification lines. Most application processing can be done in 30 days, and no longer than 90 days. Permits are issued in accordance with the following standards: a) No wastewater will be discharged into water classified "SA" for the taking of shellfish for market purposes nor to waters in such close proximity as to adversely affect such waters regardless of treatment proposed. Wastes discharged into waters tributary to waters classified "SA" shall be treated in -such manner as to assure that no impairment of water quality in the "SA" segments will occur. b) No wastewaters will be discharged to waters classified 'SB" unless., these wastewaters are treated to the extent necessary to assure protection of assigned water quality standards. c) No discharge shall be allowed to any surface waters that experience~ excessive growths of microscopic or macroscopic vegetation or that,' because of their relative size and lack of water exchange, are found by the Commission to be subject to such excessive growths. d) No discharge shall be allowed to the waters of the Atlantic Ocean except in compliance with regulations promulgated by the Environmental Management Commission pursuant to General Statutes. e) In all cases where connection to an existing area-wide sewerage system or where establishment of an area-wide sewerage system is feasible, such connection thereto or establishment thereof shall be required. If immediate establishment of such a sewerage system is not feasible, a phased approach to such system should be begun.--, f) Septic tank-nitrification systems will not be approved in high density areas. High density areas are hereby defined as those areas producing more than 1,200 gallons of wastewater per acre per day or which contain more than three residential units per acre. g) Interim Treatment and Disposal Facilities - In those cases where an approved area-wide collection and treatment system is not available and cannot be provided, and where discharge to the surface waters is prohibited in Sections 1, 2, 3 , or 4, interim treatment and disposal facilities may be approved subject to their meeting the following requirements: - 170- 1) Wastewaters shall receive tertiary treatment (Biological treatment followed by acceptable solids removal) and adequate bactericidal treatment. 2) Wastewater treatment facilities (except septic tanks) shall be located at least 10 feet from adjacent property under separate ownership, developed or undeveloped, and at least 10 feet from on-property residential units if these units are to be sold, e.g. , condominiums, residential subdivision houses. 3)Waste treatment facilities are to be equipped with effective noise and odor control devices and are to be enclosed by a solid or semi-solid open-topped structure or other approved structure. An automatically activated standby power sources must be provided. All essential operating units must be provided in duplicate. 41) Treated wastewaters may be disposed of in subsurface disposal facilities, which are to be located at least 500 feet from any impounded public surface water supply or public shallow (less than 50 feet deep) ground water supply, and at least 100 feet from private shallow ground water supply except when a study of the soil would indicate a lesser separation acceptable. 5) Site or subsurface disposal facility shall be located at least 100 feet from any surface water body, except that in the case of drainage ditches that are normally dry this distance may be reduced to 25 feet. 6) Subsurface disposal facilities are to be designed on the basis of site conditions and soil percolation rates. The loading rate shall not exceed 1l23 gallons per square foot or trench bottom, except upon a finding by this office, based upon data submitted by the applicant, that a higher loading rate is justified. Trenches may be up to 3 feet wide and parallel trenches must be separated at least 8 feet center to center. 7) Subsurface disposal areas are to contain at least 1,000 square feet of open "green area" for each residential unit served, or 2,500 square feet per thousand gallons per day of waste flow. The term "1green area" contained herein is defined as an area either in its natural state or which has been modified by planting vegetative cover of grasses or low growing shrubbery. Not more than 25 per cent of the required area may be covered with non-traffic bearing paved surfaces such as tennis courts, walkways or patios. Subsurface disposal areas shall not be used as parking lots, driveways, or for other vehicular traffic uses. 8) Treated wastewater may be disposed of in spray irrigation systems which shall be located at least 200 feet from any adjoining property buffered by trees to prevent excessive drift. Such areas shall be surrounded by fencing with warning signs to discourage human use or trespass, and designed according to good engineering practices with the application rate not to exceed J inch per acre per day. 9) The appropriate local governing body(ies) in the area in which the proposed project is located shall be notified of the proposedq action at least fifteen (15) days before a permit for the proposed action is issued. - 171 - Withdrawal of Surface or Ground Waters In Capacity Use Areas ('3. S. 143-215. 15)! A permit is required prior to the withdrawal or utilization of surface or ground waters, as the case may be, in excess of 100, 000 gallons per day (gpd) in areas designated as capacity use. Some areas of the State are zoned as water use capacity areas by the Environmental Management Commission (EMC). The Commission may declare, delineate, and modify capacity use areas of the State where it finds that the use of groundwater or surface water or both require coordination and limited regulation for the protection of the interest and rights of residents and property owners of designated areas. Industries planning to operate water use capacity areas must obtain a permit if plans are to withdraw, obtain, or utilize surface waters or ground water or both in excess of 100, 000 gallons per day (gpd). The permits are administered by the Ground Water Section of the Division of Environmental Management. There are no Federal or local permits required to operate in areas designated as water use capacity areas. As soon as the investor knows how much water the operation will require and what it will be used for, an application for a water use permit in a water use capacity area should be filed with Ground Water Section (GWS) of the Division of Environmental Management. If less than 5 million gallons per day (mggpd) will be used the applicant will normally receive a reply within 90 days after submitting- a completed application. However if the operation requires more than 5 million gallongs per day it may take up to 6 months for a reply. - 172- The Environmental Management Commission may adopt regulations relating to water use in capacity use areas. In adopting such regulations, and in con- sidering permit applications modifications, and revocations, the following must be considered. 1. The number of persons using an aquifer or stream and the object, extent and necessity of their respective withdrawals or users; 2. The nature and size of the stream or aquifer; 3. The physical and chemical nature of any impairment of the aquifer or stream, adversely affecting its availabil'ity or fitness for other water uses (including public use); 4. The probable severity and duration of such impairment under foreseeable conditions; 5. The injury to public health, safety or welfare which would result if such impairment were not prevented or abated; 6. The kinds of businesses or activities to which the various uses are related; 7. The importance and necessity of the uses claimed by permit applicants '(under this section), or of the water uses of the area (under G. S. 143- 215. 14) and the extent of any injury or detriment caused or expected to be caused to other water uses (including public use); 8. Diversion from or reduction of flows in other watercourses or aquifers; and 9. Any other relevant factors. (1967, c. 933, s. 5; 1973 c. 108, s. 89; c. 698, s. 15; c. 1262, s. 23) - 173 - Oil Refining Facility Permits (G.S. 143-215e1001 No facility which is to be used or is capable of being used for the purpose of refining oil shall be initiated or constructed without having first se- cured a permit. The Secretary of DNRCD has responsibility for permit issuance. No standard application form is in effect. Standards under which a permit can be issued or denied include: a. The installation will have substantial adverse effects on wildlife or on fresh water, estuarine or marine fisheries; or b. The operation of the installation will violate standards of air or water quality promulgated or administered by the Environmental Management Commission; or c. The installation will have a substantial adverse effect on a publicly owned park, forest, or recreation area. .- a In addition the Secretary can impose such conditions and terms as he deems necessary. - 174 - Air Pollution Abatanement Facilities and Sources G.S. 143-215.108. A permit must be obtained to do any of the following: A (a) Establishing or operating any air contaiminat source; (b) Building, erecting, using or operating any equipment which may result in the emissionof air contaminants or which is likely to cause air pollution; (c) Altering or changing the construction or method of operation of any equip- ment or process from which air contaminants are or may be emitted; and (d) Entering into a contract for the construction and installation of any air cleaning device to be constructed, installed or operated. Industries planning to engage in the above activities must ccuply with the county, regional or state regulations. The state's primary agency for air quality control is the Air Quality Section (AMS) of the Division of Environmental Management within iDqBD. As provided in the general statutes, the Environmental Commission has allocated scme county and regional agencies authority to conduct their own program. Applications should be made with the respective agencies when planning to operate in the affected counties. At present, there are no such local agencies in the coastal area. All operations not locating within the area under the local programs must file application with the AQS. Applications for such permits are Dn a standard form. Information which must be included is as follows: nature of operation, description of processes whose emrissions are to be controlled, type and narrative description of control devices, contaminants emitted, disposition of collected pollutants, and detailed plans and specifications. Applications generally take 60 days to process and no longer than 90. Appeals can be made to the Environmental Management Commisssion. Permits to emit air contaminants are based on standards set by NRCD. They are as follows: A. Ambient Air Quality Standards 1. Sulfur oxides- .03 ppm annual mean; .14 ppm maximum 24 hour concentration; .5 ppm maximum 3 hour concentration. 2. Suspended solids- 60 micrograms/cubic meter annual mean; 150micropgrams/cubic meter maximum 24 hour concentration. 3. Carbon monoxide- 9 ppm maximum 8 hour concentration; 35 ppm maximum 1 hour concentration. 4. Photochemical oxidants- .08 ppm nmaximumin 1 hour concentration. 5. Hydrocarbons- .24 ppm maximum 3 hour concentration. 6. Nitrogen dioxide- .05 ppm annual mean. *Note: all maximum concentrations listed above are not to be exceeded more than once per year. B. Emission Control Standards- controls have been set for a variety of sources including: 1. Particulates from fuel burning sources 2. Particulates from wood burning indirect heat exchangers 3. Partciulates fram refuse burning equipment 4. Particulates from hot mix asphalt plants 5. Particulates froman chemical fertilizer manufacturing plants 6. Particulates from pulp and paper mills 7. Particulates from mica or feldspar processing plants 8. Particulates from sand, gravel, crushed stone operations - 175 - 9. Particulates from lightweight aggregate processes lO.Particulates from portland cement plants ll.Particulates from ferrous Jobbing foundries 12.Particulates from miscellaneous industrial processes 13.Enissions from plants producing sulfuric acid 14.Emisssions from stationary sources 15.Control of nitrogen dioxide emissions 16.Control of open burning 17.Control of visible emissions 18.Control of asbestos, beryllium and mercury are based on the national emission standards for hazardous substances. Permit applications will be evaluated according to the standards listed above. If a source will be found to violate any of the above, a permit will not be issued. - 176 - CONSTRUCTION OF COMPLEX SOURCES (G.S 143-215.109) A permit must be obtained before constructing or modifying any facilities which would result in any of the following: a) Open parking lots, including shopping center lots, having 1,500 or more vehicle capacity, and parking decks, including shopping center decks and parking garages, having capacity of 750 or more vehicles. b) Subdivisions, housing developments, apartment complexes, and trailer courts having 500 or more units resulting in a population density of 7,680 per square mile (12 persons per square acre) or more. c) Stadiums or sports arenas having a 'seating capacity of 25,000 or more or 8,000 vehicle parking spaces or more. d) Drive-in theaters having 700 or more parking spaces. e) Amusement parks and recreation areas designed to serve 25,000 persons per day or more or to accomodate parking of 8,000 vehicles or more Industries planning to construct or modify complex sources equal to or above the limitations set forth by EMC must acquire a permi from Air Quality Section. Although the local pollution control agencies have been delegated the authority to permit complex sources by the Environmental Management Commission, no local agency has yet implemented this program. Processing of applications usually take 60 days; however, no long than 90. Applications must be filed in triplicate on form AQ-81. The applicant must supply information on the location, design, construction, and operation of the facility, as well as data on emittants, the nature and amounts of pollutants to be emitted, and anticipated emissions by associated mobile sources. No permit application will be approved that: 1) interfers with the attainment or maintenance of any ambient air quality standard, or 2) would result in violation ot applicable portions of the implementation plan control strategy. - 177 - WELL CONSTRUCTION (G.S. 87-88) A permit is required for the construction of any well with a designed capacity of 100, 000 gallons per day or greater any well added to an exisiting system of 100, 000 gallons per day and for any well c3nstructed in an area where the EMC finds, after public hearings, such permit to be reasonably necessary to protect groundwater resources and the public health, safety and welfare. Wells constructed by an individual on his own or rented land do not require a permit if the well is for a single family dwelling and for domestic use only. Applicants pla kling to construct wells should contact the groundwater Section of the Department of Environmental Management (DNRCD). The Groundwater Section has developed a standard application form for all permit applications. Information to be included: location of property, pur- pose of well, total capacity, construction type, estimated depth, all other ex- isting wells without a 1000 ft. radius and well location. Also proposed con- struction specifications should be included on a diagram. Applications are usually processed in 7 days, but no longer than 15 days. Well Permit pplication Standards 1. Generally, except when otherwise approved by the Department, or in areas as may be designated by the Department, the source of water for any well intended for domestic use shall be at least twenty (20) feet below the sur- face of the ground, and from a water-bearing zone or aquifer that is not pofluted. 2. A water use permit must be obtained if the well will be located in a cap- acity use area; and generally the well must be located: (a) At a site not generally subject to flooding. (b) At a minimum horizontal distance of fifty (50) feet from any water - tight sewage and liquid-waste collection facility (such as cast iron pipe). (c) At a minimum horizontal distance of one hundred (100) feet from any other sewage or liquid-waste collection and disposal facility and any other source of potential pollution or contamination. (d) At a minimum horizontal distance of ten (10) feet from any property boundary. (e) At a site that permits access for maintenance, repair, treatment, testing, and such other attention as may be necessary. 3. Public Water-SuPulv Wells Must Be Located: (a) At a site approved by a delegated representative of the North Carol- ina Commission for Health Services. (b) Irisofar as possible, on a lot having minimum dimensions of 200 feet by 200 feet and that is owned or controlled by the person supplying the water. - 178 - (c) At a minimum horizontal distance of fifty (50) feet from any water- tight sewer constructed of cast-iron pipe with caulked or leaded joints. (d) At a minimum horizontal distance of one-hundred (100) feet from any other sewer and any other source of potential pollution or con- tamination. (e) At a site that is well drained. 4. No source of potential pollution or contamination such as septic tanks and drain fields shall be located within one-hundred (100) feet of a well without prior permission from the Department or agency designated the Department. - 179 - I. Regional Water Supply Planning G.S.162A-20. II. This program is designed to provide financial assistance to local governments and regional authorities in order to assist with the cost of developing com- prehensive regional plans and county plans for water supplies. The state role is one of providing a framemwrk for comprehensive planning of regional water supply systems and coordinating local actions. III. The Department of Natural Resources and Cmmuunity Development and the State Board of Health have a shared responsiblity of acdministering the program. The Department of Administration administers the Regional Water Supply Planning Re- volving Fund and funds may be disbursed to any county, municipality, or sanitary distr&ct for the purpose of meeting the cost of advance planning and engineering work necessary to develop a comprehensive plan. However, before any funds are authorized, all applications are evaluated according to the following standards- 1.The proposed area is suitable for development of a regional water supply system from the standpoint of present and projected populations, industrial growth potential, and present and future sources of raw water. 2. The applicant proposes to undertake long-range comprehensive planning to meet present and projected needs for high quality water service through constructio of a regional water supply system. 3.The applicant proposes to coordinate planning of the regional water supply with land use planning efforts in the area. 4. The applicant proposes to employ an engineer licensed to practice in the state to prepare a regional plan. In addition, the Department of Adminstration shall not release any money until the following conditions have been met: a 1.It has been determined that there is a reasonable prospect of federal or state aid in financing the proposed work. 2.Firm assurances from the applicant have been made that the project will be undertaken if feasible. - 180 - R. Regional Sewage Disposal Planning G.S. 162A-26. II. This program is designed to provide financial assistance to local government4 and regional authorities in order to assist with the cost of developing cam- prehensive regional plans and county plans for sewage disposal. The state role is one of providing a framework for comprehensive planning of regional sewage systems (through provision of funds), coordinating local actions, and providing technical expertise. 1 I .The Department of Natural Resources and Community Development is responsible for administering the program. Its major functions are as-follows: 1. Identifying major sources of sewage for regional system and sewer system interconnections as may be desirable and feasible. 2. Identifying geographical areas of the state suitable for the development of regional sewage disposal systems. 3. Establishing priorities for regionalization. 4. Developing plans for connecting proposed regional sewage disposal system to major sources of sewage and for such sever system interconnections as may be desirable and feasible. 5. Reviewing and approving plans for proposed regional sewage disposal system and for proposed municipal and countywide systems which are ccapatible with the regional plan. 6. Administering a state program fo financial assistance to local governments and regional planning agencies for the development of conprehensive plans for regional sewage disposal systems or county system. 7. Provide technical assistance to local and regional planning agencies and to consulting .engineering finrs. Also a Regional Sewage Disposal Planning Revolving Fund is administered by the Department of Administration for the purpose of funding counties, munici- palities or sanitary districts who wish to develop plans. However, before any funds will be authorized, applications will be evaluated by the following standards: 1. The proposed area is suitable for development of a regional sewage disposal system from the standpoint of present and projected populations, industrial growth potential, and present and future sources of sewage. 2. The applicant proposes to undertake long-range comprehensive planning to meet present and projected needs for high quality sewage disposal through the construction of a regional sewage disposal system. 3. The applicant proposes to coordinate planning of the regional sewage dis- posal system with land use planning in the area, in order that both efforts be ccmpatible. 4. The applicant proposes to employ an engineer licensed to practice in the state of North Carolina to prepare a regional sewage disposal plan. This plan will include all information deemed apprepriate by the department. - 181 - Dredge and Fill in Estuarine Waters, Tidelands, Etc. (G.S. 113-229) Before engaging in excavating and/or filling works in estuarine waters, marsh- lands, tidelands, or State-owned lakes a permit must be obtained from both State and Federal governments. These permits are EXCLUSIVE to the coastal region of the State. They are ad- ministered by the Division of Marine Fisheries of the Department of Natural Resources and Community Development and the U. S. Army Corps of Engineering X at the State and Federal levels respectively. When planning to engage in such activities an application for a permit should be i completed and submitted after consultation with personnel in the Division of Marine Fisheries. This application will also serve as an application for the Federal permit. Applications at the State level-normally require from 50 to 60 ! days for processing. After receiving a COMPLETED application, the State must ad upon it within 90 days. If the State fails to act upon it within this time period the f permit is automatically approved. The Division of Marine Fisheries has the right to reset the 90 day period when it is found that the application is INCOMPLFET- and that additional information is needed prior to initiating the processing pro- : cedures. There is no time limitation on Federal action, although the Federal permit normally'; relies heavily on the State application. The Division will use the following criteria to assess whether to recommend permrt: issuance, permit issuance with conditions, or permit denial. Elements of a pro- ject which are not addressed in the following criteria may also be considered in assessing a project and making recommendations. (1) Channels must be aligned or located so as to avoid highly productive shell- <' fish beds, or beds of submergent vegetation. (2) Projects should be designed so as not to create stagnant water bodies. (3) Marinas and boat basins must be developed on adjacent high ground so as nor to disturb valuable vetland. areas. (4) Excavation of canals in high ground should employ the use of a temporary i earthen plug or other methods to minimize siltation of adjacent water bodies. (5) Project construction should be accomplished during periods of least signi- "x ficant biological activity. (6) The project should be located so as not to adversely impact upon a pri- mary nursery area. (7) Channels and boat basins generally must not involve any excavation in highly productive salt cordgrass (Spartina alterniflora) marshes. (8) Materials must not be excavated from highly productive tidelands, bottoms-,`e and marshlands for the sole purpose of obtaining fill. (9) Bulkhead alignment, for the purpose of shoreline stabilization, should - 182 - approximate the mean high water (MHW) line or, in the absence of tidal influences, the normal water line (NWL). (10) Bulkheads should be constructed inland of marshland and marshgrass fringes. (11) Bulkhead fill material should be obtained from an up-land source. If the bulkhead is a part of a project involving excavation, the material so ob- tained may be used as backfill. (12) Drainage canals located through any marshland should not exceed 6 feet wide by 4 feet deep unless it can be shown by hydraulic engineering that larger dimensions are required. (13) Spoil derived from the construction or maintenance of drainage canals through regularly flooded marsh must be placed on high ground. (14) Spoil derived from the construction or maintenance of drainage canals through irregularly flooded marsh should result in spoil being placed on high ground. Projects of this type will be considered on a case by case basis. (15) All excavated materials should be confined on high ground landward of re- gularly or irregularly flooded marshland. In addition, all dredge spoil must be confined on high ground behind adequate dikes or other retaining structures to prevent the materials from entering any marsh or adjacent waters. (16) In a hydraulic dredging operation the terminal end of the dredge pipe- line should be positioned at or greater than 50 feet from any part of the dike and a maximum distance from spillways to allow adequate settlement of suspended solids. (17) Effluent from diked areas receiving disposal from hydraulic dredging operations should be contained by pipe, through, or similar device to a point at or below the mean low water line to prevent gully erosion and resultant unneccessary siltation. (b) When project design is in conflict with these criteria and there is not feasible way that the project can be made to conform to the criteria, in making its decision the Department will take into account demonstrated public benefit which will re- sult from the project as offsetting the adverse effects of the project. In such cases the applicant must show that the project could not be undertaken on another site so as to achieve similar public benefits without conflicting with the criteria, that the Droject results in public benefit, and that the public benefitsclearly out- weigh thv long range adverse effects of the project. o- ------ ---a ----------------r-J0- Fisheries Statutes G.S. 113-181. Coastal fisheries within the waters of North Carolina are subject to rules and regulatr promulgated out of necessity to conserve the marine and estuarine resources of the state. In some cases permits will be required for activities or, those not requiring permits will be subject to certain requirements or licensing procedures. The Division of Marine Fisheries located within the Department of Natural Resources and Cnmmunity Development is the agency charged with administering this program. . The Division of Marine Fisheries (through the Marine Fisheries Cammission) is author- ized to authorize, license, regulate, prohibit, prescribe or restrict all forms of nfra.J ine and estuarine resources in coastal fishing waters with reapect to: t 1. Time, place, character or dimensions of any methods or equipment that may be emplhaes in taking fish; 2. Seasons for taking fish; . 3. Size limits and maximum quantities of fish that may be taken, possessed, trans- ported, bought or sold or given away. Also the Marine Fisheries Cmnission is authorized to authorize, regulate, prohibit, prescribe or restrict and the Division of Marine Fisheries is authorized to license: 1.The opening and closing of coastal fishing waters, except as to inland game fish, , whether entirely or only as to the taking of particular classes of fish, use of particular equipment, or as to activities within the jurisdiction of the Departments 2. The possession, cultivation, transportation, importation, exportation, sale, purcha7g..- acquisition and disposition of all marine and estuarine resources and all related equipment, implements, vessels and conveyances as necessary to inmplement the work of the department in carrying out its duties. Other regulations of the Division of Marine Fisheries include: 1. Unlawful possession, transportation and sale of fish . 2. Possession and transportation of prohibited oyster equipment 3. Fishing near ocean piers 4. Trash or scrap fishing 5. Protection of sea turtles and porpoises 6. Leasing public bottoms for oyster and clam cultivation purposes 7. Propagation of shellfish 4 8. Registration of grants in navigable waters 9. Additional regulations necessary to carry out G.S. 113-181. it?~o - 184 - DAM CONSTRUCTION OR ALTERATION (G.S. 143-215.66) Approval must be obtained prior to the construction, repair, alteration or removal of a dam which is 15ft. high or more, 10 acre feet or more in volume or $5,000 or more for construction. Also, if the Federal Power'Commission or an agency of the U.S. Government builds, licenses or supervises the project no state approval is required. Individuals or industries proposing to construct, alter, repair, or remove a dam must go through the Land Quality Section (LQS) or DNRCD, Division of Earth Resources. For coastal applicants, applications should be sent to DNRCD regional offices at Washington and Wilmington where they will be -initially reviewed and forwarded to Raleigh. No formal application form is available. Instead, applicants must submit plans and specifications prepared by a registered engineer. An appeal process has been set up by which appeals can be made before the EMC. Applications should be sent in 60 days before construction, and processing will take between 45-60 .days. Specific standards have not been set. The dams are approved on a case-by-case basis, with the primary considerations being mainteaance of minimum stream flow and assurance that the dam is safely designed and constructed. All dams subject to regulation must be designed and supervised by a license engineer, and must receive a certificate of final approval when completed. - 185- MINING PERMITS (G.S. 74- 51) A permit must be obtained before engaging in any land-disturbing activity of an acre or more designed to accomplish the following: (1) breaking of the soil surface to facilitate or accomplish the removal of minerals, ores, or other solid matter; (2) any activity or process constituting all or part of a process for the extraction or removal of minerals, ores, soils and other solid matter from its original location; (3) the preparation or other treatment of minerals ores or other solid matter so as to make them suitable for commercial, industrial or construction use. Permits are administered by the Land Quality Section (LQS) of the Division of Earth Resources (DNRCD) A reclamation plan must accompany the application . A surety bond must also be filed with the DNRCD according to the number of acres undergoing mining activity. Normal processing time for a permit is 30-60 days (no longer than 60). Appeals of denied permits can be made to the N. C. Mining Commission. Permits will be denied based on the following standards: (1) Operation will have an unduly adverse affect on wildlife or fresh water estuarine or marine fisheries. (2) Operation will violate standards of air quality, surface water-quality or groundwater quality promulgated by DNRCD. (3) Operation will constitute a substantial physical hazard to a neighboring dwelling house, school, church, hospital, commercial or industrial building, public road or other public property. (4) Operation will have a significantly adverse effect on the purpose of a publicly owned park, forest or recreation area. (5) Previous experience with similar operations indicates a substantial possibility that the operation will result in substantial desposits of sedimint or acid water pollution. (6) That the operator has not corrected all violations which he may have committed under any prior permit. In addition permit is conditioned upon an acceptable reclamation plan. - 186 - permit to Drill An Exploratory Oil or Gas Well (G.S. 113-381) Before any exploratory drilling for oil and gas can take place at any location in the State a permit must be obtained. The Division of Earth Resources (DNRCD)handles permit applications Any person wishing to drill for oil or natural gas must register with the Land Quality Section of the Division of Earth Resources, DNRCD and must file a $5, 000 bond. Before drilling actually begins, notice must be given to DNRCD on prescribed forms; a 50. 00 fee for each well must be paid, and the person must obtain a permit. Holders of petroleum leases must file each year with the office of the Register of Deeds a list showing which leases have been re- newed for the ensuing year. The drilling operator upon completion or shutting down of any well must file a complete log of the drilling and development of each well. information to be included on each application includes: (1) Name and well number. (2) Operator - Name and address. (3) Property owner - Name and address. (4) Location - County, and Township, longitude and latitude, plat with I" equals 4 miles or larger scale showing drilling unit boundaries with respect to well location, nearest well if any, buildings if any, and surface obstructions if pertinent. (5) Projected total depth. (6) Proposed casing program - size, weight and setting depth. (7) Proposed disposal of waste water, drilling fluid, etc. (8) A copy of proof of custody or control of the lands involved, either by being a fee owner or having a valid lease agreement. (9) A statement of responsibility signed by an authorized person accepting liability for violation of rules and regulations of the Department is also required. Standards (a) Unless altered or changed by special rules, the following rules and regulations on drilling procedure shall apply to all wells drilled. (b) All fresh water strata shall be protected by suitable and sufficient casing and cement. The casing shall extend from the surface to the first impervious layer not less than 50' below all fresh water strata. The casing shall be so centralized and the annulus of such size that cement can be injected to fill the entire annualar space be- hind the casing back to the surface. (c) If a flow or producing string of casing is set, it shall be cemented with sufficient volume to fill the annular space back of the casing to a point at least 500' above the casing shoe and at least 50' above the producible reservoir nearest to the surface. If drilling is to continue following cementing operations, the cement shall set a minimum of 24 hours - 187 - before the plug is drilled. The flow string shall be tested by either of the tow methods below. (1) Pressure test: If a pressure test is used, the pressure should be raised to a pressure calculated by multiplying the length of casing in feet by 0. 2 not to exceed 1500 psi and after 30 minutes if the pressure has dropped 10% or more, the casing has failed to meet the requirements. (2) Bailer test: If the bailer test is used, the fluid level shall be lowered to a point midway between the casing base and the top of cement column behind such casing, and if after 12 hours the fluid level rises or subsides 2% or more of the length of the water column, the casing has failed to meet the requirements. (d) In all proven areas, the use of blowout preventers shall be in accord- ance with practice established in drilling the pool under development. In unproven areas, all drilling wells should be equipped with a master gate or equivalent, an adequate blowout preventer and a properly sized flow line value. "Adequate" shall be taken to mean that consideration has been given to the depth of the test and pressures likely to be en- countered at those depths. The entire control equipment shall be in good working condition at all times and shall have been tested to work- ing pressures at least 50% above the hydrostatic pressures anticipated in the well. (e) All wells shall be drilled in such a manner so that vertical deviation of the hole does not exceed 3 degrees between the bottom of the hole and the top of the hole, and shall not deviate in such a manner as to cross property or unit lines, unless an exception is granted by the Department. An inclination survey shall be filed with the Department for each well subsequently produced for oil or gas. (f) Slush or mud pits shall be constructed prior to commencement of drill- ing operations and should be of adequate size to confine all anticipated drilling mud and cuttings. Precautions should be taken to prevent the contamination of streams and potable water. All such pits should be refilled or otherwise returned to prior condition upon termination of drilling operations. (g) The operator shall not, except in extreme emergencies or with per- mission of the Department, permit oil or salt water to be temporarily stored in earthen reservoirs. (h) Any rubbish or debris shall be disposed of so as not to constitute a fire hazard. (i) Christmas tree fittings or well head connections, flow lines and treating facilities, shall have a working pressure in keeping with anticipated working pressures generated by the well as determined from drillstem tests or other pressure testing procedures acceptable to the Department. Geophysical Exploration Permit (G.S. 113-391) II A permit is required for all seismic exploration work as well aswell as con- ducting geological, geophysical and other surveys and investigation related to the discovery and location of oil, gas or other mineral prospects in State- owned waters. ulI Applications for such permits should be sent to the Division of Earth Resources (DNRCD) rV There is not standard application form; instead application is made by letter to the DNRCD. This must be accompanied by a detailed map showing the exact area in which the explorations are to take place. Also, permittees will also obtain appropriate assent from the lessee if and where the area under investigation is leased to other than the permittee. V Standards under which permits are issued as follows: (a) When more than one shot is fired in the same hole and there is any reasonable doubt in the mind of either the seismic agent or the field manager of the party as to the legal depth of the hole after the shot is fired, the hole will be measured for depth before reloading to ascertain that it is the required-depth in accordance with the table of charges and depth. (b) All 2 x 2' s used for survey lines must be clearly stamped with the name of the company using the stakes at approximately three-foot intervals. (c) All holes drilled in geophysical operations in land areas must be filled, by the persons or agency drilling these holes, before leaving the location. (d) No explosives shall be discharged within 300 feet of any oyster reef or bed, including any state-owned natural reefs, or within 300 feet of any dock, pier, causeway or other fixed structure, without written permission signed by the owner and/or lessee of the reef or bod, approved by the department. (e) All shot charges suspended in the water by floats shall be cf such type and packaged in such manner that same will disintegrate and neutralize in the water within a short time, and any suspended charge which fails to discharge shall be immediately removed from the water if same can, in the opinion of the party chief or manager, be done without endangering the life of any member of the party, but, in no event, shall any such undischarged suspended charge be aband- oned without destroying the floats attached thereto. Where inflated floats are used, all charges will be suspended from dual floats either of which will be capable of retaining the charge at the proper depth. (f) Boats, marsh buggies or other types of marsh vehicles must be so used as to cause the minimum disturbance of an injury to lands, waterbottoms, and wildlife and fisheries thereon. All such vehicles shall be clearly painted or otherwise distinctively marked so as to be easily seen and identified. (g) Agents assigned to seismic crews are to be employees of and under the supervision of the department. - 189 - (h) The department on request, will have access to all records, such as shot point location maps, shooters' logs and tracings, but only to the extent necessary to determine that all protective re- quirements have been complied with. (i) The interpretation of these rules and regulations by the department will be accepted by the seismic operator and the seismic agent. (j) The party chief will instruct the members of his party as to these rules and regulations, and to the duty and authority of the departmer and the seismic agent. (k) The party chief will assist the seismic agent to fill out the required form by furnishing all necessary data. In addition a daily report on exploration work must be filed by the seismic agent with DNRCD. Also a surety bond ranging from 5, 000-25, 000 must be filed with the Department. - IU - SEDIMENTATION EROSION CONTROL - CG,S. 113A-54) Approval must be secured prior to engaging in any land disturbing activity of one contiguous acre or more. Exceptions to this include 1) those done for the purpose of fighting fires; 2) stock- piling of raw or processed sand, stone, gravel in material processing plant and storage yards (provided sediment control measures have been utilized to protect against off-site damages); 3) activities undertaken on agricultural land for the production of plants and animals; 4) activities undertaken on forestland for the production and harvesting of timber and timber products; 5) acitivities regulated by the Mining Act of 1971. The state agency responsible for monitoring sedimentation control is the Land Quality Section of the Division of Earth Resources (DNRCD). If no approved local or county sedimentation control plan is in effect this Division is the one to which applications should be sent. Presently theire are nine (9) approved county or local plans. These are: Havelock, Jacksonville, Nags Head, New Hanover County, Wilmington, Wrightsville Beach, Carolina Beach, Ocean Isle, and Pender County. There is no standard application form; however, the Land Quality Section has developed guidelines which a plan should contain. Each plan will have a narrative section and a section with maps, drawings, etc. depicting erosion control methods, etc. The applicant should ,include a project description, description of sedimentation control measures, for restoring stability to the disturbed area. 14 to 21 day4 are required for a decision, and an appeal may be made to the EMC. Standards are flexible, but the following minimum standards must be applied. 1) No land-disturbing activity shall be permitted in proximity to a lake or natural watercourse unless a buffer zone is provided along the edge of the watercourse of sufficient width to confine visible siltation within the twenty-five percent (25%) of the buffer zone nearer the land-disturbing activity in connection with the construction of facilities to be located on, over or- under a lake or natural watercourse. 2) The angle for graded slopes and fills shall be no greater than the angle which can be retained by vegetative cover or other adequate erosion control devices or structures. In any event, slopes left exposed will, within 30 working days or completion of any phase of grading, be planted or otherwise provided with ground cover, devices, or structures sufficient to restrain erosion. - 191 - 3) Whenever land-disturbing activity is undertaken on a tract comprising more than one acre, if more than one contiguous acre is uncovered, a ground cover sufficient to restrain erosion must b planted or otherwise provided within 30 working days on that portion of the tract upon which further active construction is not being undertaken. This standard shall not apply to cleared land forming the basin of a reservoir later to be inundated. - 92- 1 Natural and Scenic Rivers (G. S. 113A-30) if Program designed to protect and preserve portions of North Carolina rivers which possess outstanding natural, scenic, educational, geological, re- creational, historic, fish and wildlife, scientific and cultural value of great present and future benefit to the people of North Carolina. IThe Natural Heritage Program (Planning and Evaluation section) located in the Division of Park-sand Recreation (NRCD) administers this program. v Standards for inclusion in the natural and scenic rivers system are based on the following minimum criteria: (1) River segment length - must be no less than one mile. (2) Boundaries - of the system shall be the visual horizon or such distance from each shoreline as may be determined to be necessary by the Secretary, but shall not be less than 20 feet. Provided, that this shall not be construed to authorize the Secretary to acquire, except by don- ation or gift, more than 320 acres of land per mile for inclusion within the boundaries. (3) Water quality - shall not be less than that required for Class 'IC" water as established by the North Carolina Environmental Management Comrn-M is sion. (4) Water flow - shall be sufficient to assure a continuous flow and shall not be subjected to withdrawal or regulation to the extent of substantially altering the natural ecology of the stream. (5) Public access - shall be limited, but may be permitted to the extent deemed proper by the Secretary, and in keeping with the property interest acquired by the Department and the purpose of this Article. (1971, c. 1167, s. 2; 1973, c. 1262, ss. 23. 86.) (6) Environmental Quality - shall present natural features and processes undisturbed by man. Regulations Governing the Management of Natural River Areas The management of a natural river area shall give primary emphasis to pro- tecting the values which make it outstanding while providing river related outdoor recreation opportunities in a natural setting. (1) Motorized land travel will be prohibited. Existing structures that are not harmonious with the natural character of the area shall be screened or made more harmonious. (2) New structures shall be prohibited unless they are clearly in keeping with the natural river area classification and management objectives and conform with the approved management plan for the area. (3) Management facilities may be permitted if no significant adverse affect occurs to the natural character of the area. (4) No dredging or sand and gravel operations shall be permitted. (5) Fe Iled tress that partially block passage down the river or obstruct stream flow may be removed. - 193 - (6) No clearcutting of trees shall be allowed on lands owned by the State and designated as a Natural River Area. (7) No streamside trees providing shade to the river shall be cut unless they present a haz ard to public health and safety. Regulations Governing the Management of Scenic River Areas 1. A scenic river area should be managed so as to maintain and provide out- door recreation opportunities in the near-natural setting. The basic distinctions between a natural and scenic river area are degree of development, type of land use, and road accessibility. In general, a wide range of agricultural, water management, silvicultural, and other practices would be compatible with a designated scenic river area, providing these practices are carried on in such a way that there is no substantial adverse affect on the scenic character of the river and its immediate environment. The diversity and volume of recreational use will dictate more intensive management practices on segments designated as scenic. 2. In designated scenic river areas, motorized vehicles would be allowed on designated sections of the land area, and development must be harmonious with the scenic features. Unobtrusive fences, gauging stations, and other management facilities may be permitted if they cause no significant adverse effect on the scenic character of the area. 3. Public use facilities would be permitted. Recreation activities that may be consistent with the management of a Scenic River in the System are the same as those for Natural River Areas plus scenic driving and bicycling. Reasonable re- straints may be necessary on volumes of use. 4. Scenic Rivers can have roads paralleling some portions of the river. Where such roads are public, it is suggested that they be designated as scenic roads, providing scenic drives for travelers. Overlooks, roadside picnic areas, and undeveloped tent and trailer camping are complementary activities. 5. Bicycle trails should be developed in conjunction with scenic roads (Class II or III bicycle trails). Only where a connector is required between two separate roads should a separate bike path (Class I bicycle trail) be considered. 6. Bicycle rest areas should be provided. In many instances these may be in conjunction with roadside picnic areas, overlooks, or rest stops for other act- ivities. Overnight camping facilities for cyclists should be provided at appropriate intervals. Again, camping facilities for cyclists may in many instances be in conjunction with (and the same as) camping facilities developed as an adjunct to other activities such as hiking, horseback riding, and boating. 7. Hiking, backpacking, and horse trails would be similar to those for Natural Rivers. Direct vehicular access would be permitted at appropriate points along a Scenic River. Such access points could include any of the facilities allowed at public access areas of Natural Rivers. In addition, Scenic River access points could include undeveloped tent and trailer camping. 19 ~~~~~~~~4 Boating or floating along Scenic Rivers would be similar to that for Natural R~ivers except that boat access facilities would be permitted at intermediate points along the river. S. The designated rest stops and overnight facilities for all of the primary acti- vities along a Scenic River would generally be somewhat more developed than those of a Natural River. Rest stops could include picnic tables, toilet facilities, and grills. Overnight facilities would be somewhat less primitive for a Scenic River because tent pads, grills, and picnic tables may be provided in addition to toilet and w.ater facilities. 9. Hunting and fishing consistent with State regulations is permissible. 10. Integrated public and private investment on designated scenic river areas is encouraged. - I. 9 -I Trails System Act (G.S. 113A-83) This program is designed to institute a State System of scenic and recreation trails thereby providing for outdoor recreation needs of North Carolina and in promoting public access to travel within, and enjoyment of the outdoor natural and remote areas of the State. The program is handled by the Division of Parks and Recreation (DNRCD). Standards by which trails are evaluated and selected are as follows: The location of all North Carolina State Trails regardless of use type should: (1) Meet the guidelines formulated by the Trails Committee in terms of physical factors, biologic and hydrologic factors, and human use and interest factors. (2) Be of a length to afford a meaningful recreation experience and to justify efforts and costs of development and maintenance. (3) Form linkages within or between population centers, parks and re- creation areas, local, State and federal preserves and other existing or proposed trail segments which will offer trail users diverse re- creation, natural environment and/or cultural experiences. (4) Possess scenic views which are equal or superior to the characteristic landscape of the surrounding land uses and contain elements of beauty, contrast and interest. The presence and frequency or extent of unique and/or diverse geologic and biologic features will also be evaluated. (5) Possess access sufficient for and commensurate with anticipated trail us and maintenance requirements. Use should be limited in areas of high wilderness value. (6) Offer potential for combining other related and compatible forms of out- door recreation along with supportive activities such as camping and picnicking. (7) Be compatible with the projected as well as the present area land uses, or offer adequate buffer to insulate the trail user and/or the area land usi where these uses may be in conflict. Also, there are certain criteria the Committee has deemed significant which are not common to all trail types. In addition to the generalized criteria, canoe trails (rivers, streams, creeks,) should: (1) M'intain canoeable water depth and/or flow normally throughout the year. The degree of canoeing difficulty may range from very easy (Class 1) on smooth, pastoral rivers to extraordinarily difficult (Class 6) on more dangerous rivers with many long and violent rapid and falls (Standard International Canoe Difficulty Rating Scale). (2) Possess a water quality rating according to the Water and Air Quality Control Committee of not less than Class C and preferably Class B or better. - 19 6- In addition to the generalized criteria, off-road vehicle (ORV) trails should: (1) Minimize damage to soil, watershed vegetation, or other resources of the public lands. (2) Minimize harassment of wildlife or significant disruption of wildlife habitat. (3) Minimize conflicts between off-road vehicle use and other existing or proposed recreational uses of the same or neighboring public lands, and to ensure the compatibility of such uses with existing conditions in populated areas, taking into account noise, safety and other factors. (4) Avoid officially designated Wilderness Areas or Primitive Areas. They shall only be located in areas of the National Park System, Natural Areas, or National Wildlife Reft'gees and Game Ranges if the respective agency headl determines that off-road vehicle use in such locations will not adversely affect their natural, aesthetic, or scenic values. I Acquisition and Managemnert of State Forests & Parks (G. S. 113-34) II This program is designed to acquire lands which can be used as state forests or parks. Their purpose is to provide timber and practical examples of water conservation and game refuges (forests) and areas for the further enjoyment by the public of recreational endeavors. III1 The Governor of the state is authorized upon the recommendation of the Depart- ment of NRCD to accept gifts of land as state forests. However, the DNRCD is the agency charged with the responsibility of administering the lands. DNRCD has the power to purchase lands for the production of timber and can acquire by condemnation lands necessary to the effective operation of the state forestry and park activities. IV Lands will be acquired for the following purposes: 1. State forests - timber production and culture; experimental, demonstra- tion, educational or protection purposes; water conservation purposes; park purposes; and game refuges. 2. State parks - public recreation purposes, natural areas and state parks V Areas acquired for recreational or natural area purposes have been broken into three categories; state parks, natural areas, and state recreational areas. Criteria for inclusion are as follows: State Parks Sites: Acquisition of land for new state park sites will be limited to scenic and recreational parks or state scientific parks. Every state park site shall: 1. Completely include the scenic or natural features the area is estab- lished to protect. 2. p rovide sufficient buffer area to protect the scenic or natural features A from encroachment 3 . provide a reasonably satisfactory habitat for indigenous wildlife 4. permit the development of recreational and public use area without damage to the primary purpose of preservation. 5. be at a mi~nimum 400 acres of land well adapted to state park use. Natural Areas: Acquisition of land for natural areas is based on the following criteria: 1. The site should best portray the natural processes that have formed the earth and its plant and animal life. 2 . the site should portray some specific natural process so as to be uniquei4 3. the site should contain outstanding examples of nature plant andanal communities or other outstanding natural objects, conditions and phenomena. 4. the site should be large enough to completely include the natural faue the area is established to protect, provide sufficient buffer areatopo' tect the natural features from outside encroachment, and permit the development of interpretive devices. -State Recreation Areas. Acquisition of land for these purposes shall be based on the following criteria: 1. Sites selected as State Recreation Areas shall possess features of un- usual value for outdoor recreational activity in natural surroundings. This requirement refers to the presence of topographic features, open space, vegetation, streams, lakes, reservoirs or seashore, which afford excellent potential for outdoor recreation facilities. 2. In general, State Recreation Areas should be large areas, including within their boundaries a total of 500 or more acres of land and water surface. Although there may be certain special cases where a smaller area should be considered, no site shall be selected where available acreage is found inadequate for proper development, resource management, and control. 3. State Recreation Areas should be located and designed to achieve a com- paratively' high recreation carrying capacfty, consistent with the type of recreation primarily to be served. 4. State Recreation Areas should be located regionally and should be readily accessible to as large a population as possible while offering developable recreation potential in attractive surroundings. 5. The scale of investment, development, and operational responsibility should be sufficiently high to require direct state involvement to assure optimum public benefit.__ 6. Within State Recreation Areas, outdoor recreation shall be recognized as the dominant or primary management purpose. Any other na-tural resource utilization shall be compatible with fulfilling the recreation mission, and none will be carried on that is significantly detrimental to it. 7. State Recreation Areas should be established primarily in those areas where other programs (Federal, State, local, private) will not fulfill high prior- ity needs in the foreseeable future. DEPARTMENT OF ADMINISTRATION IEasements to Fill (G.S. 146-6(c)) 11 Easements to fill are required in all incidences where the applicant proposes to raise lands above the normal high water mark of navigable waters by filling. III The State Property Office located within the Department of Administration is Hie agency charged with administering this program. Easements to fill by the Department of Administration are subject to approval by the Council of State. IV Applications must be made in writing to the State Property Office. An applica- tion for a Dredge and Fill permit will also be treated as an application for an easement if it is determined that one is needed. Application should be accom- panied by a fee of $100. 00 and generally take 30-45 days to process. V Easements to fill will be issued if the following conditions are met: (I) the project will not impede navigation (2) the project will not interfere with the use of navigable waters by the public (3) the project will not injure any riparian owner. -Standards for project review that may involve other easements over water are: 1. The Department of Administration may grant to adjoining owners ease- ments in land covered by navigable waters or by the waters of any lake owned by the state for such purposes and upon such conditions as it may deem proper. (Approval of the Governor and Council of State is necessary) 2. Such easements shall include only the front of the tract owned by the riparian owner to whom it is granted; it shall extend no further than "deep water" (to navigable channel) and shall i~n no respect obstruct or impair navigation. 3. The State Property Office will consider if all aspects of the public in- terest will best be served by the requvested right of way, structure, or other privilege to be granted by the easement. 4 . Piers or docks which provide riparian access to navigable waters are allowed and no easement is required. Such structures may be covered by a weather proof shelter so long as the use of the sheltered area Ls in keeping with the provision of riparian access to the water. 5. An easement is required for any structure built over navigable waters other than those providing simple riparian access. Those requiring an easement include but are not limited to multiple boat slips, finger piers and needlessly lengthy piers. 6. Such easements will not be granted for structures or facilities that can be located over land. Examples of structures not allowed include: utility buildings, dwellings, hotels, restaurants, businesses,apr. etc.aptets4 7. Easements are not required for commercial fishing nets, fish offalsrmS boathouses, duck blinds, and navigation aides. 8. The Department of Administration may grant easements for the purpose of cooperating with the federal government, utilizing the natural resource* of the state, or otherwise serving the public interest. Easements, Leases, Sale of State Land (G.S. 146-3) This program is designed to dispose of state-owned lands through the pro- cedures of sale, lease or easement. The only exception to this is the following: (1) No submerged lands may be sold, but easements given; (2) No natural lake belonging to the State or January 1, 1959 and having an area of 50 acres or more may be in any manner disposed of. The property and construction office within the Department of Administration is the agency charged with administering this program. With the approval of the Council of State this agency can dispose of State land. X Standards by-which land is disposed of: (1) If it is determined that there exists no other state need for the pro- perty; and (2) it is determined to be in the best interests of the State, and (3) the bid given for the land (in the case of a sale) is not less than the advertised price. I Acquisition of Land for Public Purposes (G.S. 146-22) II This program is designed to acquire through purchase, condemnation, lease, oc rental those state lands necessary to carry forth the public interest. Ex- empted from this definition are vacant or unappropriated lands, swamplands, lands acquired by the state by virtue of being sold for taxes, and submerged lands. III The Department of Administration will make all acquisitions on behalf of the State or any state agency; however, such acquisition must be approved by the Governor and Council of State. IV The process by which lands can be acquired is as follows: (1) Agency must file with the Department an application setting forth its need for the requested acquisition. (2) The Department must investigate all aspects of the requested acquis- ition (including the availability of necessary funds) (3) After investigation, the Department must determine that the best interests of the State require that the land be acquired. V Lands that the Department is empowered to acquire are as follows: * (1) Lands necessary for the construction and operation of State buildings and other governmental facilities. (2) Lands necessary for construction and operation of parking facilities. (3) An area in the City of Raleigh bounded by Edenton Street, Person Street, Peace Street, the right-of-way of the main line of Seaboard Coast Line Railway and North McDowell Street for the expansion of State govern- mental facilities, the public interest in, public use of, and the necc- essity for the acquisition of said area, being hereby declared as a matter of legislative determination. (4) Lands necessary for the location, expansion, operation and improve-' ment of hospital and mental health facilities and similar institutions maintained by the State of North Carolina. (5) Lands necessary for public parks and forestry purposes. (6) Lands involving historical sites, together with such adjacent lands as may be neccessary for their preservation, maintenance and operation. (7) Lands neccessary for the location, expansion and improvement of any educational, penal or correctional institution. (8) Lands neccessary to provide public access to the waters within the State. (9) Lands neccessary for agricultural, experimental and research facilities4 (10) Uitlity and access easements, rights-of-way, estates for terms of years or fee simple title to lands necessary or convenient to the opera- tion of state-owned facilities. (11) Lands necessary for the development and preservation of the estuarine areas of the State. (12) Lands necessary for the development of waterways within the State. - 203 - DEPARTMENT OF AGRICULTURE - 204 - Pesticide Application (G. S. 143-434) I I Any person who offers for sale, delivers or sells any pesticde, herbicide, defoliant, dessicant,plant growth regulator, nematicide or rodenticide must first be registered. This section also regulates air/ground application ard disposal of pesticides. ill The Pest Control Section located within the Department of Agriculture is the agency charged with this responsibility. IV There are 3 different applications which are required by the Pesticide Section depending on intended usage of the product. They are: (1) Application for registration of pesticides - name, address, brand of pesticide, label accompanying the product, copy of all claims made -- for the product, instructions for use warning or caution statements where necessary. ($25. 00 should be remitted for each pesticide that is being registered. ) Additional information may be required such as directions for use, specific pests td be controlled, complete formula of the product. (2) Application for pesticide dealers license - name, address, name of employees who will sell pesticides. ($25.00 is required for an annual license) (3) Application for pesticide applicator's license - name, address, method of application (ground or air), names of persons who will apply pesti- cides. ($25.00 required to obtain license) V Standards by which applications are evaluated are as follows: (1) A new registration must meet the requirements as set forth in the North Carolina Pesticide Law of 1971 and appropriate regulations thereto A new registration must meet the requirements as set forth in the rules, regulations, and policies adopted herein by reference. (3) A careful review and evaluation of a new registration is made by the pesticide section of the pest control division in reference to the follow- ing criteria: (a) Its composition is such as to warrant the proposed claims for it. (b) Its label or labeling and other material required to be sub- mitted comply with the requirements of both federal and state pesticide laws; (c) It will perform its intended function without unreasonable ad- verse effects on the environmenti and (d) When used in accordance with widespread and commonly re- cognized practice, it will not cause unreasonable adverse effeciS on the environment. (4) A new registration will be accepted for registration if it meets the criteria for registration set forth in the preceding references and parameters or is approved for special local needs. - 205 - Di~~~~~EPARTMENT OF COMMERCE DEPARTMENT OF COMMERCE z -206- Public Utilities (G.S. 62-110) II No public utility or other person shall begin the construction of any steam, water, or other facility for the generation of electricity to be directly or indirectly used for the furnishing of public utility service without first ob- taining from the Public Utilities Commission a certificate of convenience and necessity. Exempted from this requirement are businesses that are not defined as a public utility. III The Public Utilities Commission located within the Department of Comm- erce is the agency to be contacted. IV Companies wishing to construct a plant must file a notice of intent with the Commission 120 days before making an official application. After making formal application a review process will begin (including public hearings), and a final decision on the application will take approximately 6 months after original filing of the application. Appeal of all applications is to the Court of Appeals. V In, reviews of applications for certificates of public convenience and necessityE the following criteria will be considered in evaluating power plant sites: 1. A determination of a plant's necessity must be established (need will generally be found if the reserve capacity is falling 15-20% short). 2. Once need has been established other factors include: (a) Environmental impact-impacts on air and water quality, impact on wetland areas, impact on fish and wildlife resources and habitats. (b) Economic impacts - fiscal and employment impacts, impacts on public services. I. - 208 - DEPARTMENT OF CULTURAL RESOURCES - 209 - Acquisition and Management of Historic Properties (G. S. 121-9) For the purpose of protecting'or preserving property of historical, arch- aeological, architectural, or other cultural importance, the Department of Cultural Resources is rmpowered to acquire, preserve, restore, maintain, operate, and dispose of such properties and adjacent lands. Such actions must be approved by the North Carolina Historical Commission. Property may be acquired by gift, grant, bequest, etc. , or the Department may use condemnation in app- ropriate cases. In the case of real property, the Department must not acquire any greater interest than is necessary to protect and preserve the property. This program is handled by the Division of Archives and History, within fhe Department of Cultural Resources. Standards by which property is evaluated and selected are as follows: (1) Whether the property is historically authentic; (2) Whether is is of such educational, historical, or cultural significance ai to be essential to the development of a balanced State program of historic and archaeological sites and properties; (3) The estimated total cost of the project under consideration and the apportionment of said cost among State and nonstate sources; (4) Whether practical plans have been or can be developed for the funding of the nonstate portion of the costs; (5) Whether practical plans have been developed for the continued staffing, maintenance, and operation of property without state assist- ance. (6) The property must be determined to be of statewide historical significance (done through research, documentation, etc.) (7) The site must be able to be interpreted in order that educational value be achieved. (8) The total cost of site acquisition, improvement, operation must be considered. - 210 - DEPARTMENT OF HUMAN RESOURCES - 211 - Septic Tanks Under 3,000 Gallons Per Day (G.S. 130-166-22) No person shall commence the construction or relocation of any dwelling nor shall any person locate, relocate or cause to be located or to be relocated any mobile home intended for use as a dwelling, other than one in a mobile home park, on a site in an area not served by a public or community sewage disposal system without first obtaining an improvements permit from the local health department having jurisdiction. The local health department is the issuing agency for septic tank permits; however, should a locality not have such the Sanitary Engineering Section of the Division of Health Services should be contacted (in the Department of Human Resources). All 20 counties are enforcing this. Each county has a standard application form which must be filled out. Infor- mation to be included: proposed improvement, size of property, type water, average percolation rate, soil type, water table depth, distance to well, number bedrooms, capacity of tank, number and length of nitrification lines. Appeals of permit decisions are made to the appropriate local Board of Health. Permits are issued based on standards relating to character (texture, structure, restrictive horizons and drainage) and porosity of the soil, percolation rate, topography, depth to water table and depth to rock or any other impervious formation and location or proposed location of any water supply wells. (a) Every septic tank system and privy shall be located at least the min- imum horizontal distance from the following: (1) Any private water supply source - -... 100 feet, or maximum feasible distance, but in no case less than 50 feet. (2) Any community water supply source - ---- 100 feet. (3) Streams classified as A-II .- ...50 feet. (4) Waters classified as S. A. -- ...100 feet from normal high tide mark. (5) Any other stream, canal, marsh, or coastal waters - ---- 50 feet. (6) Any Class I or Class II impounded reservoir used as a source of drinking water -----100 feet from normal high water line. (7) Any other lake or impoundment - ----50 feet from normal high water line. (8) Any building foundation - ----10 feet. (9) Any basement - ....15 feet. (10) Any property line�....10 feet (11) Top of slope of embankments or cuts of 2 feet or more vertical height ----- 15 feet. (12) Any water line ----- 10 feet. SOLID WASTE (G.S. 130-166.16) Approval must be obtained from the Department of Human Resources before operating a solid waste disposal site or facility, which includes any land, people, or equipment used for the purpose of disposing of solid wastes by burning, sanitary landfill, or any other method. A person desiring to operate a solid waste site or facility should write the Sanitary Engineering Section of the Division of Health Services (Department of Human Resources ). A request for approval must be accompanied by an approval letter from the local governmental agency having zoning authority over the area where the operations are to be located. Plans for the design, construction, and operation of new sites and new facilities or modifications to existing sites or facilities are to be prepared by a professional engineer or other experts, and should include the following information in triplicate. For sanitary landfill sites 1) Map or aerial photograph of sufficient scale to provide the following: a) Entire property owned or leased by the person proposing the sanitary landfill; b) Land use and zoning within one-fourth mile of the disposal site; c) Location of all homes, industrial buildings, public or private utilities, and roads; and, d) Location of wells, watercourses, dry runs, rock out- croppings, and other applicable details regarding the general topography. 2) Soil borings shall be made to provide sufficient information for an evaluation of subsurface conditions that exist at the site. 3) Soil classifications shall be made by the use of the Unified Soil Classification System, the U. S. Department of Agriculture Classification, or other available systems that provide an adequate soil description. 4) Identify watercourses within or adjacent to the sanitary landfill areas and if no watercourse is involved, indicate the watershed by name which will receive the drainage from the site. 5) Any other information pertinent to the proposed site. 2 213- FOR SANITARY LANDFILL OPERATIONAL PLANS: 1) A plot plan of the proposed site showing dimensions, entrance and access roads. 2) The location of existing utilities and structures. 3) Contour maps of the original topography on a scale no greater than 200 feet per inch and five-foot contours. 4) Sufficient cross-sectional drawings or contour maps so that the proposed finished elevations of the filled area can be accurately determined. Cross-section drawings showing original elevations, the proposed excavation depths, and depths to the water table, if encountered. 5) The location of proposed utilities, on-site structures for equipment storage or employee u~sage, and weighing facilities, if planned. 6) The proposed method of landfilling, such as trenching, ramping and diking, or area filling. 7) Provisions for controlling of fill slopes on the outer face of peripheral dikes and face of the finished sanitary landfill. 8) Provisions for controlling erosion on all completed areas. 9) Procedures for promoting vegetative growth as soon as possible on all completed areas. 10) Sufficient buffer width along man-made or natural water- courses to confine visible siltation within the buffer zone. 11) Measures, structures, and devices designed and constructed so as to provide effective control for calculated peak rate of runoff from such storm f frequency as indicated by the degree of protection needed in the design area. The following standards must be met for approval and operation of a sanitary landfill. 1) Operational plans must be approved and followed. 2) Solid waste shall be restricted to the smallest area feasible, compacted as densely as practical into cells, and a proper slope on the working face shall be maintained. 3) Solid waste shall be covered after each day of operation, or as specified by the division of health services, with a compacted layer of at least six inches of suitable cover. 4) Within oemonth after final termination of disposal operations at the site or a major part thereof, the area shall be covered with at least two feet of compacted earth adequately sloped to allow surface water runoff in a controlled manner without excessive erosion. 5) The finished surface of the filled area shall be covered with adequate topsoil and seeded with native grasses or other suitable vegetation immeeiately upon completion or as soon as-, practical. If necessary, seeded slopes shall be coveredwib straw or similar material to prevent erosion. 6) Adequate erosion control measures shall be practiced. 7) An attendant shall be on duty at the site at all times while it is open for public use. 8) The approach road to the site shall be of all-weather construction and maintained in good condition. 9) Dust control measures should be implemented where necessary. 10) Surface water shall be diverted from the operational area. 11) Disposal of solid waste in water is prohibited. 12) Open burning of solid waste is prohibited. 13) Equipment shall be provided to control accidental fires or arrangements made with the local fire protection agency to immediately provide fire-fighting services when needed. 14) Spoiled foods, animal carcasses, abattoir waste, hatchery waste, and other animal waste delivered to the disposal site shall be compacted and covered immediately and separately from the routine solid waste. 15) No hazardous wastes shall be disposed of in a sanitary landfill except as may be permitted by the division of health services. 16) Effective vector control measures shall be applied to control flies, rodents, and other insects or vermin when necessary. 17) Appropriate methods such as fencing and diking shall be provided to confine possible windblown material within the area. - 215 - PUBLIC WATER SUPPLY SYSTEM REQUIREMENTS (i 30-161. 1) Approval must be obtained from the Department of Human Resources before constructing and operating any public water supply facility that furnishes water for drinking and household purposes to ten or more residences or businesses, or combination of residences or businesses. Adjacent water systems under single ownership serving a total of ten or more residences or businesses must also obtain such approval. The Sanitary Engineering Section of the Division of Health Services (Depart- ment of Human Resources) approves water supply system should be submitted. At least 30 days should be allowed for approval. Requirements that each public water supply system must meet are as follows: 1. It must meet the standards and criteria promulgated for the design and construction of such system, including water works facilities, appurtenances and pipe size of distribution lines. 2. A disinfection method approved by the Health Services Commission must be employed. 3. It must be designed so that it will provide safe and reliable supply to all anticipated service areas, and will permit interconnection to a regional system. 4. Plans and specifications must be done by a licensed engineer and approved by HSC prior to construction. 5. Supply system plans must contain arrangements made for continued operation, maintenance and service. Minimum design criteria for water supply wells are as follows: 1. Well construction shall conform to well construction regulations and standards of the Division of Environmental Management (DNRCD) and make provision for the following features: upper terminal, sanitary seal, concrete slab or well house floor, and waste discharge pipe. 2. Criteria for yield: (a) Wells shall be tested for yield and drawdown. A report or log of at least a 24-hour drawdown test to determine yield shall be submitted to the division of health services for each Ilnal ~I - 216 - (b) Wells shall be located so that the drawdown of any well will not interfere with the required yield of another well. (c) The combined yield of all wells of a water system shall be sufficient to provide the average daily demand in not more than 12 hours pumping time. (d) The capacity of the permanent pump to be installed in each well shall not exceed the yield of the well as determined by the drawdown test. (e) A public water system using well water as its source of supply and designed to serve 50 or more residences or connections shall provide at least twe wells. Other Standards for Public Water Supply Systems are Listed Below: (1) Public surface water supplies requiring disinfection (a) A surface supply may be used as a public water supply with dis- infection if it complies with the provisions of this section. (b) Such water supply shall be derived from uninhabited wooded areas. (c) The entire watershed shall be either owned or controlled by the person supplying the water or be under the control of the federal or state government; however, no such new water supply shall be created except where the water system owner shall own in its entirety the watershed from which the water will be obtained. (d) The water after disinfection shall be of potable quality as deter- mined by bacteriological and chemical tests performed by an approved laboratory. The presence of contaminants shall not exceed the limits set forth in Section . 1600 of these rules. (e) The water sotr ce shall have an A-I classification as established by the Environmental Management Commission and shall meet the quality standards for that classification. (2) Removal of dissolved ratter and suspended matter Any surface water which is to receive treatment for removal of dissolved matter and/or suspended matter in order to be used as a public water supply shall be obtained from a source which meets the A-I or A-II stream classification standards established by the Environmental Management Commission and shall be properly protected from objection- able sources of pollution as determined by a sanitary survey of the watershed made by an authorized representative of the Department of Human Resources. The source supply shall be sufficient in capacity to ;:r satisfy the anticipated needs of the users for the period of design. (3) Public well water supplied Any site or sites for any water supply well to be used as a public water supply shall be investigated by an authorized representative of the division of health serfices. Approval by the division of health services' is required in addition to any approval or permit issued by any other state agency. The site shall meet the followinc requirement for annrnval! - 217 - (a) The well shall be located on a lot so that the area within 100 feet of the well shall be owned or controlled by the person supplying the water. Variances in the well lot area may be per- mitted where emergency conditions exist as determined by a representative of the division of health services. (4) Surface water facilities (a) Unimpounded Stream. Both the minimum daily flow of record of the stream and the estimated minimum flow calculated from rainfall and run-off shall exceed the maximum daily draft for which the water treatment plant is designed with due consideration given to requirements for future expansion of the treatment plant.' (b) Pre-Settling Reservoirs. Construction of a pre-settling or pre- treatment reservoir shall be required where excessive bacterial concentrations or wide and rapid variations in turbidity and/or chemical qualities occur. (c) Impoundments. Raw water storage capacity shall be sufficient to reasonably satisfy the designed water supply deamnd during periods of drought. (d) Clearing of Land for Impoundment. The area in and around the proposed impoundment of Class I and Class II reservoirs shall be cleared as follows: (1) The area from two feet above and five feet below the normal full level of the impoundment shall be cleared and grubbed of all vegetation and shall be kept cleared until the reser- voir is filled, provided that the area two feet above the normal full level may be reduced if the clearing at that elevation would exceed a horizontal distance of 50 feet from the full level. Secondary growth should be removed periodically and in all cases prior to flooding. A margin of at least 50 feet around the area shall be provided. - 218 - DEPARTMENT OF TRANSPORTATION I Streets and Highways in and Around Municipalities (G. S. 136-66. 2) Highway Safety (G. S. 136-44. 1) II The Department of Transportation has the responsibility to and maintain a statewide system of roads and highways commensurate with the needs of the State as a whole. This includes responsibility for planning, constructing, maintaining and improving state roads and highways. III The Division of Highways located within the Department of Transporation has the major responsibility for planning highways within the state. In doing this there are two objectives that must be followed: (1) consideration of the economic, social, and environmental effects and (2) consideration of the over- all public interest. In fulfilling this directive the Division has prepared the "North Carolina Highway Action Plan". This plan is in response to FHPM 7-7-1 of the Federal Highway Administration, and it is. used by the Division to plan for and unplement its highway program within the state. Listed below is a summary of requirements for general acceptance of location and right of way authorization for different levels of action. Major Actions Significantly Affecting the Quality of the Human Environment 1. Acceptance of General location by FHWA (FHPM 7-7-2, par. 6) A. Adoption of final EIS by Regional Highway Administrator B. 90 days have elapsed since the draft EIS was circulated for comment and furnished to CEQ C. 30 days have elapsed since the final EIS was made available to CEQ D. FHWA acceptance of the corridor public hearing transcript and the certifications required by 23 U.S. C. 128. The Project Management Branch will be responsible for making this submission to FHWA 2. e Right of Way Authorization (Separate Location and Design Hearings Held) A. Planning Board approval of design hearing report B. Compliance with requirements of FHWA noise standards and procedures including all necessary FHWA approvals C. FHWA acceptance of design public hearing transcript D. Completion of right of way plans Right of Way Authorization (Combined Location and Design Hearing Held) A. FHWA acceptance of General Location as described in (1) above B. Compliance with requirements of FHWA noise standards and proceduresqa including all necessary FHWA approvals C. Completion of right of way plans - 220 - Major Action Having No Significant Effect on the Quality of the Human Environment 1. Acceptance of General Location by FHWA (FHPM 7-7-2, par. 6) A. Adoption of final negative declaration by FHWA Division Administrator B. FHWA acceptance of the corridor public hearing transcript and the certifications required by 23 U.S. C. 128. The Project Management Branch will be responsible for making this submission to FHWA 2. Right of Way Authorization (Separate Location and Design Hearings Held) A. Planning Board approval of design hearing report B. Compliance with requirements of FHWA noise standards and procedures including all necessary FHWA approvals C. FHWA acceptance of design public hearing transcript D. Completion of right of way plans Right of Way Authorization (Combined Location and Design Hearing Held) A. FHWA acceptance of general location as described in (1) above B. Compliance with requirements of FHWA noise standards and pro- cedures including all necessary FHWA approvals C. Completion of right of way plans Nonmajor Action (Public Hearing Held) i. Acceptance of General Location by FHWA (FHPM 7-7-2, par 6) A. FHWA acceptance of the public hearing transcript and the certifications required by 23 U.S. C. 128. The Project Management Branch will be responsible for making that submission to FHWA. Right of Way Authorization A. Planning Board approval of design hearing report B. Compliance with requirements of FHWA noise standards and procedures including all necessary FHWA approvals C. Completion of right of way plans Nonmajor Action (No Public Hearing Held) 1. Acceptance of General Location by FHWA A. Not required - 221 - 2. Right of Way Authorization A. Planning Board approval of the design is not required. The Branch Manager responsible for the preparation of the plans for the project is also responsible for the design B. Compliance with requirements of FHPM noise standards and pro- cedures including all necessary FHWA approvals C. Completion of right of way plans In addition, for major projects that are FHWA actions the following criteria must be addressed concerning impacts: i. Secondary impacts - effects on existing- facilities, need for new facilities, etc. 2. Primary impacts - a. Natural, ecological or scenic resources impacts b. Relocation of individuals C. Social impacts d. Air quality e. Noise impacts f. Water quality impacts g. Wetland and coastal zone impacts h. Stream modification or impoundment impacts i. Flood hazard evaluation Construction impacts Also, the relationship between the proposed action and land use and public facility plans, policies, and controls of the affected community must be con- sidered. (includes local CAMA land use plans. 2 2 22 preservation of Scenic Beauty and Management of Advertising and Junkyards Along Highways (G.S. 136, Article 11 and Article 12) The North Carolina Board of Transportation is authorized to regulate outdoor advertising and .junkyards in the vicinity of interstate or primary highways in the State of North Carolina. it is also authorized to purchase certain areas for the promotion of scenic quality along highways. The administration of these programs and the standards are criteria associated with them are as follows: Outdoor advertising devices - No outdoor advertising shall be erected or maintained within 600 feet of the nearest edge of the right-of-way of the interstate or primary highways in this State so as to be visible from the main-traveled way there- of af~er July 6, 1967, exce-pt the following: (1) Directional and other official signs 'and notices, which signs and notices shall include those authorized and per- mitted by Chapter 136 of the General Statutes which include but are nolt limited to official signs and notices per- taining to natural wonders, scenic and historic attractions and si-gns erected and maintained by a public utility, electric or telephone membership corporation, or municipality for the purpose of giving warning of or information as to the location of an underground cable, pipeline or other installation. (2) Outdoor advertising which advertises the sale or lease of property upon which it is located. (3) Outdoor advertising which advertises activities conducted on the property upon which it is located. (4) Outdoor advertising, in conformity with the rules and regulations promulgated by the Board of Transportation, located in areas which are zoned industrial or commercial under authority of State law. (5) Outdoor advertising, in conformity with the rules and regulations promulgated by the Board of Transportation, located in unzoned commercial or industrial areas. (1967, c. 1248, s.4; 1973, c. 507, s.5.) Any person wishing to construct a sign subject to regulation under this statute must obtain a permit from the District Engineer of the Division of Highways for the county in which the sign is to be located. Standards for approval of advertising devices may be found in 19NCAC 2H, Section .0200. These regulations deal with the size, spacing and lighting of signs. The Board of Transportation may acquire by purchase, gift or condemnation, all outdoor advertising and associated property rights prohibited under these regulations that were in lawful existence July 6, 1967 or lawfully erected after that date. - 223 - Junkyards - No junkyard shall be established, operated or maintained, any portion of which is within 1,000 feet of the nearest edge of the right-of-way of any interstate or primary highway, except the follow- ing: (1) Those which are screened by natural objects, plantings, fences or other appropriate means so as not to be visible from the main-traveled way of the highway at any season of the year or otherwise removed from sight or screened in accordance with the rules and regulations promulgated by the Board of Transportation. (2) Those located within areas which are zoned for industrial use under authority of law. (3) Those located within unzoned industrial areas, which areas shall be determined from actual land uses and defined by regulations to be promulgated by the Board of Transportation (4) Those which are not visible from the main-traveled way of an interstate or primary highway at any season of the year. Any person wishing to establish a junkyard subject to regulation under this statute must obtain a permit from the District Engineer in the County in which the junkyard is to be located. The Board is authorized to make rules and regulations concerning location, planting, construction and maintenance of and materials used in screening or fencing, and to promulgate regulations for determining unzoned industrial areas in which junkyards may be located. The Board of Transportation may also acquire junkyards by gift, condemnation, purchase or exchange. APPENDIX D APPENDIX D ()PUBLIC PARTICIPATION/ INTERGOVERNMENTAL INVOLVEMENT/ FEDERAL CONSULTATION (2) COMMENTS RECEIVED ON THE FINAL DRAFT OF THE NORTH CAROLINA COASTAL PLAN (3) LOCAL PERMIT OFFICER'S TRAINING COURSE AGENDA - 2 24 - TABLE OF CONTENTS PUBLIC PARTICIPATION/INTERGOVERNMENTAL INVOLVEMENT/ FEDERAL CONSULTATION 1. Early Federal Consultation I - Copy of Invitations Sent to Federal Agency Representatives 228 2 - Agenda for Introductory Meeting .. ............230 3 - Federal Agency Mailing List .. ..............232 4 - "Follow-up" Letter Sent to Federal Contacts .. ......235 5 - Summary of Federal Agency Responses .. ..........239 :r. Local, Areawide and Interstate Plan Coordination. . . ....243 1 - List of Local CAMA LUP's and I & E Plans. ........244 2 - Areawide Planning Activities. ...............247 3 - 208 Plan Coordination. ..................248 4 - Interstate Planning Activities. ..............249 LI. Draft Local Land Use Plan Review .. .............250 I - Federal Attendance at Review Sessions. ..........251 2 - Federal Comments on Draft Local Plans. ..........253 IV. Final Local Land Use Plan Review. ...............273 I - Organization Details for Final Plan Review. ........274 2 - Generally Applicable Standards of Review. .........284 3 - Comments on Final Plans. ..................294 4 - Summary Disposition of Plans. ...............311 V. IAEC Designation. ......................314 1 - Federal Contact Letter. .................315 2 - Summary Transcript of IAEC Public Hearings. .......317 VI. AEC Designations. .......................332 1 - Notice of AEC Hearing. ..................333 2 - Schedule of Public Hearings. ...............336 3 - Summary of Pertinent Comments. ..............337~ - 225- VII. Draft Management Plan Review ................. 34L-I 1 - Copy of Letter Sent to Federal Commenting Agencies . . . 3.42 2 - Summary of Federal Comments ............... 344 342 3 - Comments Received on the Final Draft of the North Carolina Coastal Plan .................. 353' 4 - Local Permit Officer's Training Course Agenda ...... 498- ON 2 226 Subsection 303 (d) of the Federal Coastal Zone Management Act requires that Federal agencies affected by the development and implementation of a state's coastal management program be afforded an opportunity for full parti- cipation in the development process. Measures for insuring proper and timely participation are left to the discretion of each state; however, it is required that, whatever measures are chosen, full documentation must be made. Chapter Two addresses in considerable detail North Carolina's approach for involving federal agencies in the program development process. This appendix outlines this approach by setting forth the relevant communication through documents, correspondence, comments, etc. of those agencies interacting with North Carolina. Included are correspondence and summaries from Federal agencies on critical aspects of program development such as: local land use plan participation and review, interim Areas of Environmental Concern Design- ation, final Areas of Environmental Concern Designation, and state draft manage- mnent plan review. Other relevant information is documente~d as well. The references contained in this appendix have been arranged in an order such that the reader can logically follow the flow of participation efforts made by North Carolina. Every effort has been made to afford full participation to agencies involved, and all relevant comments have been included as a part of North Carolina's Coastal Plan. - 227 - I. EARLY FEDERAL CONSULTATION r- E HOLSHOUSER, JR JAMES C H.RRINGTON GC.OVE ro l . SECRETAR3' TLLECPtONC Novembe'r 7, 1975 ACA CooDt 9,9-- D eari On Friday, November 21, North Carolina will hold a meeting formally introducing the State's Coastal Area Management Program to designated Federal agency repr:- sentatives vrho will be participating in the Federal consultation process outlined by Section 307 of the Coastal Zone Management Act of 1972. As a designated contact from your agency, you are cordially invited to attend. The State of North Carolina is most anxious that Federal consultation be a mean- ingful experience, one from which all parties will benefit, and not a meaningless exercise in fulfillment of a legal requirement. We feel it should encompass a process that becomes increasingly more specific, and thus hopefully more relevant. It is our hope that this meeting will orient you to North Carolina's Coastal Area Management Act (CAMA) and to its governmental structure, outline the State's implementation activities under CAMA, and start discussion of mutual State-Federal consistency problems and interests. As the next step in the process, we will be offering you the opportunity to participate in the review of Draft Local Land Use Plans in Raleigh on December 3 and 4, while they are being evaluated by a staff team prior to submission for review by the North Carolina Coastal Resources Com- mission. If your agency chooses to become involved in this evaluation, you will be involved in the first stage of North Carolina's Coastal Management Program to reach a point on paper where it can be considered and discussed. i - 229 - Pagce 2 November 7, 1975 The meeting vill be held in Raleigh at the North Carolina State University Club, 4200 Hillsborough Street (just west of the Raleigh Beltline between Meredith College and the State Fair Grounds), beginning ith registration at 9:00 a.m. and ending around 4:00 p.m. A registration fee of $3.50 will include lunch. In addition to all designated Federal agency representatives, key State staff and members of the North Carolina Coastal Resources Commission are also being invited. If you need any further information, please contact Mark Sullivan, Chief of the Land Use Plan- ning Section, at 919-829-2914. It is our hope that you will be able to attend and work closely wvith us to assure the optimum attainment of both the State and the National interest in North Carolina's Coastal Area. Sincerely, James E. Harrington 2 3~~0 AG&IDA INTRODU(:'L'ORY FE~DEPA.L OSLTTJitKI'FN Sponsored by the North Carol i.na Departmv.-iii of Pa;,jiraj 6 Nov!mber 21, 1975l 9:00 Registration 9:3 0 Welcome, Introduction, and Overvi-vi Secretary Jii~imes C. Harrintgton, i,!. C. Depnrtmrn~i.t; of Nn and Economic Resources (DNER) 9:50 THE N.C. COASTAL AREA MANAGEMP-N-i ACT OF 1971, (CAr,,A) Mark Fogel, Special A.-sistant to ,,he 'Secrct~ary U111,R 10:05 ORGANIZATION OF N.C. STATE C}VtiETMDAlD~A~SfiT OF CAMAL - Dr. Arthur W. Cooper-, Assistault Secretary for' Resource man:igement, DNER 10:25 BREAK iIMPLEM4ENTA I'N Ci' CiMIA 10:45 The Coast~al R,~sources Commpis:~!- 11: 00 The CoaSt~, 61 fourcf,-. Advi.-orv ('oiinci, Chairm'-n Ject-Y "['wd('nri& 11:15 The Loc i] Pl~iuiiriig Em-pnh~isis 11:30 Areas- of Env.!rconm.-,jta L Concr-n rn -, z F ram-,,rk fer' F? Ui i William A. Uinuy , A~ tcn AArc ertc' ru , ~rn~ r~ Prot~ec-.ior Sjction 11:45 The Unified Per-mittlLng EmoliaIu Amos Dtiwoon, DNER 12:15 MINCH - 23 1 FT-,;j~h'i\ L, (:0N,7' ILTAT'IO::~ ~ ') -; :3 0 Recluirun!2o th�o1ZcALri :n', A (-,- 'if17 200 D ircu s:;ion Lud by Dr. Cooper - Off e.r oL the pppIrtuit toj~ cLp~je in draft, pil-m review Dt:c,,-,.nbcr 3 &4 - Whait. -orLt of'j joit rl1E~('Uirq, re' (V ilow ;II~'drx, Al ex chrir--s it' planning inforrmlti'n would be ucseful'- Other consultat Lon su,,--,stionf,.? - Whot chanrr,'z do YOU. mint in how we (.o bu2 Lncz,, wil.'-. you? -How~ mutch of' the Stcitc, ~ndi-: deA: p-imitting -neiiy can be r,-:ho~d? - W~hat probi mus o.,- po~etcr- al dif'i icuit jes should be "redLir~od"f'or imntfsiv e di~ u~ n - DioctjLLori of' the excLucldr~ ~~*l1 ~O ,T F::DEaAL CON3UJLT-ION ME2T!"C 2 32- rr~x~be�21, 19753 r- :e~" COntact ;2na'e a 'TffI 0l-t io n joe Browin UaZI0o-:&l o'--rk SazVica Ashevi-Le, NC :-i D,-,aing, Superin- Wn. A. Harris Naii na-l 3Park-, Se-VtI.ce _-'ndr~n.~, Cape Hacteras P. 0. 4o: 457 :.a -ional Saashore Manteo, NiC 2795" Cl. !-:oraer Johnstone Edwin G. Long, Jr. Wilming-com Districn D;-strct Engineer U.S. Army Corps of Engineers P. 0. Box 1890 Wilnmngton, NC 28401 Louis D. Stromt V. M. Lutrick General Services AiainistrazFon 2ecgonal Director( 1776 Peachtree Street, NW _ I AAlanta, GA 30309 zi-~-rence E. Shirley Same -. Bureau f MineS U.S. Dept. of Interior P. 0. Box 2828 Raleigh, NC 27602 Charles C. Carrington Naval Facilities Engineering Coonmand Atlantic Division Fifth N.'al District Norfolk, Virginia 23511 23mmanda-1- Tony D. Hiinson 10.ava'L 2acilities Engineering Command Sixth tlaval District Charleston, SC 29403 --j-h C. 'eat' Same Watez- Resources D v'sio -- t r-i c: Cn .e U.S. Oeoloqical Survey P. 0. Box 2857 Raleigh, NC 27602 ;,'a I-:~ alr B a eltr Jeff Swinebroad Energy Research and De-relopment ALdm-inis tration 20 'Lassachusetts Avenue N'W Washington, DC 20545 Todd Reese Bruno Mangum State ASCS Offica State Director U.S. Dept. of Agriculture P. 0. Box 27327 Raleigh, NC 27611 Regional Engineer Kenith H. Miller Federal Power Ccommzission 730 Peachtree Street Atlanta, GA 30308 IWO i~~ ~~~otc Attende -2 A --i1 Ral-iz'rial Ad-ministrator Larrv Ziln~me-r-an K'daccl Jnzrc7,'- Atlan~ci, GA 30Th9 Corm-ratk E. T?. Grushinski U. S. Eorcst SFovrest1 roras5_. SuLervIso,-l P. 0. 2x 2'150 Asheville, NC 25802 TRo-brt Fiore Kim N. Ferne National Park~ Servic-2 Bureau of Outdoor R-' :rZato-40 U.S. Dept. of Interic.)r Atlanta, GA 30303 Dr. Char1- Nelson S ame Bureau of Land lanagemnent U.S. Dept. of Interior Suite 3200, The Plaza Tae 1001 Howard Avenue New Orleans, Louis4ana 70113 Jesse L. Hicks Mitchell E. Clary Soil Conservation Service State Director Assistant State U.S. Dant. of Agriculture Conservationist P. 0. Box 27307 Raleigh, NC 27611 Co~mandar William J. Burns U.S. Air Force Harry E. Morgan U.S. Air Force Oto Florschut7 Same U.S. Fish and Wildlite Service P. 0. Box 531 Washington, NC 27339 Lee Brand S am e Economic Develoopment Administration U.S. Dept. of Coaunerca 1401 Peachtree Strea--t Atlanta, GA 30303 Jamtes Bitting *S am Dept. of Housing and Urban Development 1375 Peachtree Street NE Atlanta, GA 30309 % Tho.mas Ramisey Same U.S. Dept. of Housing and Urban Development Greensboro Area Office 2309 W. Cone Blvd. NW Plaza ___ ~aringonGreensboro, NC 27408 Ed Harrington Wayne R. Workman Rawland Eno - :on'ti, ien . t te -c 2.3 - f i L L Ur1 L O - Dale L. Jones Eoonomic DevelopaenC Admainistration U.S. Dept. of Ccma-=-rce 1:01 P:achzree S' " ,c1l�-a, Georgia 30303 tIicha:21 Payne Ofr.Lc: of Coastal -onzt "anagaient National Oceanic an.l A-tospheric Adminishracion U.S. Dept. of Co--=erce 300 Wirhite Haven Szr-z,-t, NW Washington, DC 20235 'r':con 0Moebs Howard L. Marshall Environ-mental Prorection Agency A. ~R2gional Council Enforcement Division 1421 Peacatree Street. N;E Coordinator Atlanta, GA 30309 Sautheastern Federal Regional Council 1371 Peachtree St. NE Suite 515 I-laita, GA 30309 Char-les F. McMZillan Eleanor bM. Green Ofifice of Mi-nority Business Pegional Director Enterp-;se U.S. Department of Covmmerce 1371 Peachtree St.NE Suite 505 Azlanta, GA 30309 19 Richard Williams Clen L. Jermstad Don Geoffrion U.S. Deot. of Trans-ortatinn -=retarial Renresen- 1720 Peachtree Road TW tacive Suite 515 Atlanta, Gtorcia 30309 North Carolina Department'of � Natural & Economic Resources JAMES E HOLSHOUSEF. JR GOVERNOR JAM'vES E HIARPRINGTON S�ELr-TAR' December 12, 1975 Dear Mr. Harrington and I wish to thank you for the time you took to attend our initial Federal consultation meeting in conjunction with development of North Carolina's Coastal Zone Management Program under the requirements of Sections 305 and 306 of the Federal Coastal Zone Management Act of 1972. The meeting was most produc- tive and we feel that we are off to a good start in our efforts to develop sound coordi- nation of the development of our management program. As indicated at the meeting on November 21, 1 am writing to ask that you and your agency provide certain specific information that we will need in the process of developing our management plan. Specific answers to the following matters are vital to our effort. Section 304(a) of the Federal Coastal Zone Management Act of 1972 contains the following provision: "Excluded from the coastal zone are lands the use of which is by law subject solely to the discretion of or which is held in trust by the Federal Government, its officers or agents." Regulations issued under Section 306 of the Act require each State as part of its management program to identify "all Federally owned lands, or lands which are held in trust by the Federal Government, its officers or agents in the coastal zone and over which the State does not exercise any control as to use." (15 CFR, Sec. 923.11(a)(4)). I *.; 2 3 6 In order to meet the above requirements for approval of its management program under Section 306, North Carolina asks that each Federal agency which exercises jurisdiction over any Federal lands located within the boundaries of the twenty counties comprising North Carolina's coastal area (see attached map), including State waters in these counties and those waters within the State's territorial jurisdiction, identify these lands, the use to which they are put by the Federal Government, and the type of jurisdiction which the agency exercises over them (exclusive, concurrent, proprietary, or partial, as described in "1962 Inventory and Jurisdictional Status of Federal Areas in States" by the C-overnment Services Administration). Maps showing the exact location of these lands should be pro- vided. However, if maps are presently unavailable, an identification by work description giving the location and number of acres included will suffice for initial purposes. Also, please include copies of any administrative regulations relating to management of the lands identified. Furthermore, Section 307 (c) (3) of the Federal Coastal Zone Management Act of 1972 provides that: After final approval by the Secretary of a State's management program, any applicant for a required Federal license or permit to conduct an activity affecting land or water uses in the coastal zone of that State shall provide in the application to the licensing or permitting agency a certifica- tion that the proposed activity complies with the State's approved program. . No license or permit shall be granted by the Federal agency until the State or its designated agency has concurred with the applicants certifica- tion .... In order to prepare for the coordination with Federal regulatory agencies called for under Section 307, North Carolina asks that each Federal Agency inform it of all regulafory activities which the Agency conducts affecting land or water uses in North Carolina's coastal area. Citations to legislative authorities and applicable Federal regulations should be included. Those agencies which perform review functions which are an integral part of the regulatory activities of other agencies are requested to list these review functions and to indicate whether the scope of their review includes the authority to preclude the issuance of the permit or license being reviewed, upon the making of negative comments by the agency. In addition to planning for coordination under Section 307 of the Act, North Carolina needs this information concerning Federal regulatory activities affecting the coastal area in order to effect a program of permit coordination under its own Coastal Area Management Act of 1974. A study is currently being conducted of all State and Federal permitting activities in North Carolina's coastal area and a plan is being formulated to coordinate the issuance of these permits to the applicant. Hence, it would be most helpful if each Federal agency would not only list and describe the regulatory functions which it exercises in the coastal area of North Carolina, but also indicate how these functions can best be coordinated with the State. Individuals within the Federal agency who car, act as contacts to initiate coordination discussions should be identified. - 237 - Finally, we would appreciate some comment from you as to the type of future interaction between your agency and us as we move ahead with development of our management pI& We see three basic patterns of further interaction: 1. Interaction limited to Federal agency attendance at future meetings designed to up-date our progress with plan development, to highlight the general form of our management plan, and to provide specific written materials for Federal agency review. 2. More substantive interaction, consisting of one or several meetings between State personnel and those of a specific Federal agency where the agenda would be related to details of plan development as they might relate to specific areas of Federal agency interest. 3. Detailed interaction, consisting of a number of meetings involving State personnel, Federal agency representatives and, very likely, representatives of the Office of Coastal Zone Management. This format will undoubtedly be necessary for agencies with planning and public works programs in our coastal area and for agencies administering regulatory programs for which the Federal Coastal Zone Management Act requires closer coordination with State interests. We would appreciate your comments as to which of these patterns you see your agency's involvement with us fitting. Obviously, you may see some other pattern as being more, appropriate. We need this information in order for us to lay out a detailed work plan for the coming months and to budget our staff time properly. We appreciate your assistance with these requests. Because of the rather tight time schedule on which we are working, we would appreciate your responses by the end of January, 1976. If you have questions concerning the information requested, please contact Mr. Mark Sullivan (919-829-2914) or Mr. Amos Dawson (919-829-2290). Sincerely yours, Arthur W. Cooper AWC: eh Attachment * @6 I I . ...tA�Xtt#$t.A. - t TLTA L1' :/-:"' .&>7jt< 9 - - i-s ),\, *** r it! I ____ -A '*Il OflI 't.j-- a-.'e' . --4 r -; --A 0 _ ,-.. A .4L.- V / "" A '-'* <K< * .1 . . . a 'I I, '4A 1- I Mtblr* - ' ' -0 I *"' 'I ( X At' 4: N' <A I 7<>' '4 2 - ,- >"' 'I, - <>< N -a'..'' N -CJ TI W Th'i'N'i'Y COASTAL AREi1 MANAGWAENT ACT COUNTIES LxiA - 239 - 1-5 Analysis of 12 December 75 Federal Consultation Letter - March 1, The following is a brief summary of Federal responses to the December 12, 1975 letter. A. NO RESPONSE TO 12 DECEMBER LETTER: - DOC - Office of Minority Business - Department of Justice - Council on Environmental Quality B. LEVELS OF INTERACTION DESIRED 1. GENERAL - USDI - Bureau of Land Management, New Orleans OCS - General Services Administration - USDI - Bureau of Mines - USDA - Forest Service - US - Health, Education, and Welfare - USDA - Bureau of Land Management, Silver Spring, Md., Eastern States Office - US - Nuclear Regulatory Commission 2. SPECIFIC (plan/problem related) - US - Department of Commerce NOAA - USDI - Bureau of Land Management, New Orleans OCS - USDI - Bureau of Mines - USDA - Forest Service - USDI - Geological Survey Raleigh - Federal Power Commission 7% - 240 - 3. INTENSIVE (issuc/problm related) Federal Energy, Administration USDA - Forest Service Department of Defence - Department of Army - Corps of Engineers 4. OTHER (unspecified, but generally between levels 1 and 2) USDI - National Parks Service USDA - Soil Consiervation Service Department of Defense - Department of Air Force Department of Transportation - Atlanta - Regional Representative Department of Commerce NOAA US Energy Research and Development Administration Council on Environmental Quality (CMP review) Environmental Protection Agency 5. NO COMMENT USDI - Bureau of Tndian Affairs USDI - Bureau of Outdoor Recreation USDI - Fish and Wildlife Service C. REGULATORY RESPONSIBILITIES 1. Major U.S. Corps of Engineers U.S. Fish and Wildlife Service Environmental Protection Agency 2. Minor Nuclear Regulatory Commission DOT (pipeline safety) Coastal Guard (DOT) (Deep water ports, bridge permits) Bureau of Land Management (Fed mineral leasing; effects of the leases) U.S. Geological Survey (mineral permits on Fed lands) National Forest Service (on their own lands) National Park Service (Historic Preservation Act of 1966) Bureau of Land Management (OCS) - 241 - D. STATE AND NAT�ONAL INTEREST ISSUES 1. Exclusion of Federal Lands requested by Navy, Air Force, U.S. Forest Service 2. Airport Approaches Over Coastal Area (U.S. Navy, Coast Guard, FAA) 3. Siting of Energy Generation and Transmission Facilities (Federal Energy, Administration, Nuclear Regulatory Agency, Federal Power Commission, U.S. Corps of Engineers) 4. Development of Port Facilities (U.S. Department of Commerce - Maritime Administration, Maritime Commission?) 5. Outer Continental Shelf Usage (Bureau of Land Management, NOAA, Coastal Guard, USGS) 6. Planning of Mineral Resources in Coastal Area (Bureau of Mines, USGS) 7. Sports and Commercial Fisheries Planning (Fish and Wildlife Service) 8. Endangered Species Protection (Fish and Wildlife Service) 9. Coordination of 201 and 208 Planning in the Local Plans and with the Coastal Resources Commission. (EPA, State of Virginia?) 10. Cumulative Effect of North Carolina Dredge and Fill Act on Estuarine Resources (EPA) 11. Northern Access to Currituck Banks through Wildlife Refuge from State of Virginia 12. Deep Water Ports, Related Facilities and Coordination Procedures (Coast Guard) POSSIBLE STATE AND NATIONAL INTEREST ISSUES 1. Flood Plain Management (HUD, USGS) 2. Recreation in the Coastal Area (BOR) 3. BLM/rOT Statement of National Interest no yet published 4. State involvement in enforcement and administration of 200 mile fishing limit 5. Control of Electromagnetic Radiation from Defense Communications Site (US Air Force) 6. Future of Rail and Barge Transportation in the Coastal Area (DOT, ICC) - 242 - ;. PROCEDURAL ISSUES 1. t-?s3:arch Relatnd to the Coastal Area (Sea Grant, OC24) ?. Ir,<:usion of W!ater Quality Standards and Effluent Limitations in tie Coastal Management Plan (EPA) 3. Compatibility of Local Plans under CAMA with HUD minimum requirements due to take effect August 1977 L. Planning Assistance Available to State/CAMt Activities Under the Water Resources Development Act of 1974, from U.S. Corps of Engineers 3. Review.- of Local Plans Prior to Submission of Coastal Management Plan (SCS) 6. Scheduling of Coastal Management Plan Submission, 305/306 Applications (OC al) 7. Coordination with Virginia and South Carolina (GOA Team) J. Coordination with Southeastern Federal Regional Council F. REGULATORY ISSUES 1. EPA veto power over other permitting agencies Perniuin a-cni0 - 243 - II. LOCAL, AREAWIDE AND INTERSTATE PLAN COORDINATION - 244 - PLAN COORDINATION I. Local Plan Coordination This section of the appendix identifies all those local government units which have developed CAMA land use plans (LUPs) or have prepared other local plans pursuant to Section 701 of the Housing and Urban Development Act of 1968. The majority of other land use plans or community development plans which existed prior to CAMA were updated and incorporated within the CAMA LUPs. In some instances individual towns did not develop their own LUPs, but were integral parts of the larger scale county-wide plans. However, for purposes of general identification, the following table contains a list of towns and counties that have submitted and adopted their own CAMA LUPs and have also submitted an "Implementation and Enforcement Plan" to become their own minor development permit agency. Towns and Counties With CAMA LUPs Local Jurisdiction Approved CAMA LUPs * Submission of with Planning According to Local I & E Plan Authority State Guidelines as of 11/1/77 Beaufort County Yes Yes Aurora Yes No Belhaven Yes Yes Washington Yes Yes Washington Park W/Co. Yes Bertie County Yes Yes Windsor W/Co. No Brunswick County Yes Pending Boiling Spring Lakes W/Co. No Caswell Beach W/Co. No Holden Beach Yes Yes Long Beach Yes Yes Ocean Isle Beach W/Co. Yes Southport Yes Yes Sunset Beach Yes Yes Yaupon Beach W/Co. Yes - 245 - Towns and Counties With CAMA LUPs Local Jurisdiction Approved CAMA LUPs * Submission of with Planning According to Local I & E Plan Authority State Guidelines as of 11/1/77 Camden County Yes Yes Carteret County No** No Atlantic Beach Yes No Beaufort Yes Yes Cape Carteret Yes Yes Emerald Isle Yes Yes Indian Beach W/Co. No Morehead City Yes Yes Newport Yes No Pine Knoll Shores Yes Yes Chowan County Yes Yes Edenton W/Co. Yes Craven County Yes Yes Havelock Yes New Bern Yes Yes Trent Woods Yes Yes Vanceboro W/Co. Y Currituck County Yes Yes Dare County Yes Yes Kill Devil Hills W/Co. Yes Manteo W/Co. Yes Nags Head Yes Yes Gates County Yes No**** Hyde County Yes Yes Hertford County Yes Yes Ahoskie W/Co. No Harrelsville W/Co. No Murfreesboro W/Co. No New Hanover County Yes Yes Carolina Beach Yes Yes Kure Beach Yes Yes Wilmington W/Co. No Wrightsville Beach Yes Yes Onslow County Yes Yes Holly Ridge Yes Yes Jacksonville Yes Yes Richlands Yes No Swansboro Yes Yes 4 - 246 - Towns and Counties With CAMA LUPs Local Jurisdiction Approved CAMA LUPs * Submission of with Planning According to Local I & E Plan Authority State Guidelines as of 11/1/77 Pamlico County Yes Yes Pasquotank County Yes Yes Elizabeth City Yes Yes Pender County Yes Yes Atkinson Yes No Burgaw Yes No Surf City Yes Yes Topsail Beach Yes Yes Perquimans County Yes Yes Hertford Yes No Tyrrell County Yes Yes Washington County Yes Yes Plymouth Yes No � A "No" means going with the county's'I & E program. �* Carteret County submitted a LUP; however, it was not approved by the Commission. Presently the State (DNRCD) is preparing a plan for them and will enter into the draft review stage within the near future. *** Reserve the right to adopt a plan if required by future AEC Designation. **** Since Gates County chose not to become their own permit-letting agency, the Secretary of DNRCD must prepare an I & E plan covering their jurisdiction and the State shall issue minor development permits there. As indicated by this table, there are numerous political jurisdic- tions which have submitted individual "Implementation and Enforcement" plans. All local ordinances of a regulatory nature within these jurisdictions must be submitted to the Commission for consistency review in order to determine possible conflicts with AEC policies and standards. Some of the local ordinances which shall be reviewed by the Commission include zoning ordinances, subdivision regulations, flood hazard regulations, sand dune and shoreline protection ordi- nances, and 201 waste water facility plans as they become developed. - 247 - In order to avoid conflicts with these other local programs, the Commission requires that within each implementation and enforce- ment plan a section must be included that addresses local permit coordination. FI. Areawide Agency Plan Coordination There exists four multi-county planning organizations (LROs or COGs) throughout North Carolina's coastal area which have developed various plans and programs affecting land use. Those areawide planning elements which directly affect coastal area land use and its management can be listed as follows under seven major headings: 1. Regional development guides 2. HUD 701 regional land use plans 3. Regional water supply plans 4. 201 wastewater facility plans (usually assisting an engineering firm) 5. Regional locational guides for solid waste systems 6. Recreational planning with SCORP classifications 7. Housing, historic district, and downtown revitalization plans As stated within the text, all of these programs were coordinated with early review of CAMA LUPs, reviewed by the Commission during the OMB circular A-95 comment periods and coordinated throughout our local implementation and enforcement process. It should be noted that each lead regional planning organization has appointed one individual to represent their interests on the Commission's Advisory Council and that these areawide agencies have participated regularly at the CRC meetings. The following is a list of each areawide planning agency and the extent of its planning jurisdiction within the coastal area: Multi-County Jurisdiction Planning Reqion Areawide Planninq Agency (Counties) 0 Cape Fear Council of Brunswick Governments New Hanover Pender P Neuse River Council of Carteret Governments Craven Onslow Pamlico - 248 - Multi-County Jurisdiction Planning Reqion Areawide Planning Agency (Counties) Q Mid-East Commission Beaufort Bertie Hertford R Albemarle Regional Plan- Camden ning and Development Chowan Commission Currituck Dare Gates Hyde Pasquotank Perquimans Tyrrel 1 Washington III. 208 Planning As noted in the text, all CAMA planning activities must be coordinated with ongoing 208 studies conducted by the State in relation to non-point source pollution control. This ongoing planning process as performed pursuant to section 208 of the Federal Water Pollution Control Act is being advised directly by the Commission through a shared staff arrangement. This cooperative effort has increased the efficiency of their young program by avoiding duplication and by identifying problem areas. Our program will benefit from their monitoring studies which will enable us to better address non-point source pollution issues. The entire State of North Carolina will be considered in the scope of planning and implementation of 208 planning activities. North Carolina's coastal area, however, has a jump on the identification of problem areas through the CAMA process. The following major cate- gories of planning will be coordinated with the 208 research group: (1) Water Quality Standards and Antidegradation Policy (2) Stream Monitoring Program (3) Point Source Abatement Program (4) Agriculture Non-Point Source Abatement Program (5) Silviculture Non-Point Source Abatement Program (6) Mining Non-Point Source Abatement Program (7) Construction Non-Point Source Abatement Program (8) Sources Affecting Groundwater - 249 - (9) Urban and Industrial Storm Water Runoff Non-Point Source Abatement Program (10) Residuals Non-Point Source Abatement Program (11) Hydrologic Modifications (12) Selected Sediment Sources Study IV. Interstate Plan Coordination Since North Carolina's Coastal Management Plan affects the management and use of natural resources that do not adhere exact to political boundaries, the Coastal Resources Commission found it necessary to coordinate this program with interstate planning programs. There are several interstate bodies which have been established to manage these shared coastal resources in order to formulate and implement sound management policies. The various cooperative programs are described in Appendix C and are listed as follows: (1) The North Carolina-Virginia Water Resources Management Commiettee; (2) The Coastal Plains Regional Commission (CPRC); (3) The Atlantic States Marine Fisheries Commission; (4) The North Carolina-South Carolina Water Resources Manage- ment Committee. - Z50 - III. DRAFT LOCAL LAND USE PLAN REVIEW - 2 51 - Federal People attending N.C. Draft Land Use Plan Review session in Raleigh on December 3, 1975 Preston Riddel, Superintendent Cape Lookout National Seashore National Park Service Jack Williams U.S. Air Force Atlanta, GA Wmn. D. Mason Seymour Johnson AFB Harry E. Morgan U.S. Air Force Fort Fisher AFS, NC Kim M. Fene National Park Service Atlanta Lawrence E. Shirley Bureau of Mines Dept. of Interior Raleigh, NC Charles-.Carrington U.S. Navy Norfolk, VA Wmn. Davenport HUJD Greensboro Charles W. Hollis Corps of Engineers Wilmington Others who have notified Mark Sullivan they plan to be here this week: Wmn. A. Harris Cape Hatteras National Seashore National Park Service Manteo, NC Ted Mew National Park Service Tom Ramsey HUD Greensboro - 252- Bob Cermak U.S. Forest Service Asheville, NC Larry Zimmerman Federal Energy Administration Atlanta Mitchell E. Clary Soil Conservation Service USDA Raleigh Otto Florschutz U.S. Fish and Wildlife Service Washington, NC Phil Murphy EPA Atlanta The following have made a commitment to review plans after staff review: Charles Nelson Bureau of Land Management U.S. Dept. of Interior New Orleans Ralph Heath Soil Conservation Service Raleigh Jin Bitting HUD Atlanta 2 253 13 February 76 MEMO TO :Tom Richter John Hooton Lee Downie Bob Chandler Howard Capps THRU :Billy Hall FROM : Mark Sullivan SUBJECT : Federal Comments on Draft Local Land Use Plans Enclosed are copies of Federal agency comments on specific draft local land use plans reviewed during December. I felt it was important to bring these comments to your atten- tion, but at the same time advise you to exercise some degree of caution in passing the information along to respective planners-in-charge. The major problem with interpreting these comments comes from the factothat many of them are written with the major concern of the Federal agency in mind: the issue of exclusion of federal lands from State regulation under CAMA. This is particularly true of the Department of Defense Agencies. A typical comment may deal with the omission of a practice bombing range from consideration in the local plan, for example, and be framed to emphasize the question of whether or not such lands are to be included or excluded from local and state permitting authority if they fall into one of the AEC categories eventually designated. On one hand, there is no way a local planner can cope with the exclusion implications of such a comment. This is an issue that can only be decided by the State and the Coastal Resources Commission. Although it is a high priority issue, I doubt it can be resolved any earlier than two to three months from now. On the other hand, many of the specifics listed in the comments are important planning considerations, even if the exclusion of Federal land~s issue is ignored. (The bombing range used as an example above should be taken into consideration in the plan just as a matter of good planning practice.) - 254 - Some general plan comments are also included for your information. I felt that if the agency representatives were interested enough to come all the way to Raleigh to review these plans, you would want to have the benefit of their opinions, even though the comments were received too late for the CRC review in most cases. cc: Mr. T. D. Eure Mr. David Stick Mr. Parker Chessom Mr. Doug Powell Mr. Ken Stewart - 255 - ~TA Tf, COMMANDANT FIF1TH NAVAL DISTRICT Clfri V/ ~, COMMANDER, NAVAL BASE N0RF0LN, VIRGINIA 23511 Code A002 11410 J Mr. Ken Stewart Executive Secretary North Carolina Department of Natural and Economic Resources Box 27687 Raleigh, North Carolina 27611 Re: North Carolina Coastal Zone Management Program Dear Mr. Stewart: Thank you for the opportunity to review the draft local land use plans prepared by the cities and counties located within the North Carolina Coastal Zone. Navy and Marine Corps properties are located in seven of the twenty coastal counties, and our review has been limited to these counties. It is our understanding that the following plan elements are to be performed in the plan development stage which is to be conducted during the first six months of 1976: (1) Exclusion of Federal property (2) Identification of permissible uses (3) Designation of preservation or restoration areas For this reason, and because of time constraints placed on Federal agencies reviewing the draft land use plans, we have limited our involvement to a brief review of the plans and accompanying maps. If a detailed review of each draft plan is expected, it will be necessary to provide this Command with complete copies of each draft plan and the accompanying maps. Thank you again for the opportunity to participate. The inventory of Navy and Marine Corps property located within the North Carolina Coastal Zone is currently being prepared and will be transmitted to you upon request. I am hopeful that you will find the attached review comments helpful, and I encourage you to notify me should additional information be necessary. Sincerely, F 2. E~r~E f 2 256- Navy and Marine Corps Review Comments Draft Local Land Use Plans North Carol~ina Coastal Zone Management Program I. Craven County 1. Does the general program statement on problems, issues, objectives and policies conflict with Navy interests? Goals and objectives stated are general and do not address national interests concerns. Six areas are identified: recreation, education, roads, environment, wildlife management? and sound development. 2. Has all Navy land been identified for exclusion from the coastal zone? The Marine Corps Air Station, Cherry Point, North Carolina, has been identified on the county future land use map. The boundaries shown do not agree with official boundaries. Two areas on the station have been identified as conservation zones. One conservation area is located on Tucker Creek. The other is located on Anderson Creek. Seven transition areas are identified near the marine Base. The Composite Noise Rating (C17R) and the Air Installation Compatible Use Zones (AICUZ) are not recognized on county plans. Most transition zones are located within the CNR 2 or CNR 3 Zone. The City of Havelock is located in the CNR 3 Zone. Because of the map scale, I"=l mile, and the location of the map on the wall, it was difficult to interpret CNR boundaries accurately. The Marine Corps Radio Range located off N.C. Highway 101 and leased from the U. S. Forest Service is not identified on county maps. Since the issue of federal exclusion is to be addressed in the plan development stage, no recommendations for exclusion are made at this time. 3. Has the effect on on-shore and off-shore operational areas and support requirements been considered? The answer to this question is negative in that the AICUZ footprint, composite noise ratings and the Marine Radio Range have not been recognized in the plan. off-shore operating areas are not identified in the plan. 4. Has the plan prohibited a use within the coastal zone which may impact Navy operations? The issue of permissible uses within the coastal zone has not been addressed. This will be an element of plan development stage. 2 257- 5. Is any Navy land, off-shore operating area, or weapons training range located in an area designated of particular state concern? Yes, two areas are identified as conservation areas at the Marine Air Station, Cherry Point. They are located on Anderson Creek and Tucker Creek. Areas of environmental concern have not yet been formally designated. 6. Has national defense been identified as one of the important priority uses? Negative. The plan is iilent in regard to national defense interests; however, on pages 42 and 43 and in the discussion of Township No. 6, the Cherry Point facility is mentioned in regard to service needs for water, sewer, housing and highway capacity. 7. Have potential requirements for new or expanded Naval activities been recognized? This area has not been addressed in the plan narrative. 8.' Are any vital Navy property or coastal areas designated for preservation and restoration? The areas of preservation and restoration will be addressed as an element of the plan development stage. Tw'o areas located on Cherry Point and previously mentioned in this discussion are designated for conservation. General Comment The City of Havelock draft plan recognizes in its goal statement the need to promote compatible development within the AICUZ and the Composite Noise Rating zones around Cherry Point. A basic goal stated in the plan is as follows: To promote development that is compatible with the noise and crash hazards which result from the normal aircraft operations of Cherry Point Marine Corps Air Station. The area of environmental concern (AEC) maps for Craven County have designated the entire northeast boundary area of the Cherry Point facility which borders on Hancock Creek as a flood plain. The two areas on Tucker Creek and Anderson Creek have been designated on the AEC maps as marshlands. 2 25 8 II. Onslow Countv 1. Does the general program statement on problems, issues, objectives and policies conflict with Navy interests? T~he general plan does not address Navy interests other than to identify the Marine Corps Base at Camp Lejeune on all maps. On page 119 the plan states "The future land needs are for Onslow County excluding municipalities and the Marine Corps Base." 2. Has all Navy land been identified for exclusion from the coastal zone? The Marine Corps Base at Camp Lejeune has been identified on county maps. The Camp Davis Marine Helicopter Station, U. S. Highway 17, in Jacksonville, North Carolina, has not been identified on the county maps. No recommendations are made for exclusion at this time. This issue will be addressed in the plan development stage. 3. Has the effect on on-shore and off-shore operational areas and support requirements been considered? The needs and effects of the on-shore and off-shore operational areas have not been addressed in the plan. 4. Has the plan prohibited a use within the Coastal Zone which may impact Navy operations? Negative. This area will be addressed as an element of the plan development stage. 5. Is any Navy land, off-shore operating area or weapons training range located in an area designated of particular state conc~ern? Negative. Areas of environmental concern have not yet been designated. 6. Has national defense been identified as one of the important priority uses? Negative. The issue is not addressed in the draft plan. 7. Have potential requirements for new or expanded Naval activities been recognized? Negative 8. Are any vital Navy properties or coastal area designated for preservation and restoration? Negative. This area will be addressed as an element of the plan development stage. General Comment The Ons low County area of environmental concern land classification map does not appear to reflect Navy or Marine properties as areas of environmental concern. However, because of the map scale (1" = 2 miles) it is difficult to pinpoint the Marine Helicopter Air Station. 111. Carteret County 1. Does the general program statement on problems, issues, objectives and policies conflict with Navy interests? The general program statement does not fully address Navy interests, but where it does, the intention is positive. For example, on page 122 the plan makes reference to Navy involvement in the AICUZ study and states "It is anticipated that the study and particularly the implementation of the AICUZ study will have a direct effect on land use adjacent to Atlantic and Bogue Fields." 2. Has all Navy land been identified for exclusion from the Coastal Zone? This element has not been addressed and is to be part of the plan development stage. However, it is important to note that the Marine Corps Air Station at Bogue and the offsite component OLF Atlantic, Marine Corps Air Station, Cherry Point were identified as federal property. It was impossible because of map scale to determine~eif the LST Loading Ramp, Radio Island, Morehead City, North Carolina, was identified, but it appeared that it was not. The property leased from the North Carolina State Parts Authority in Morehead City, North Carolina, and the Cat Island Target Area were definitely not identified as Federal property. As a matter of importance, Cat Island Target Area is designated as a conservation area on the county land classification map. The Point of Marsh Target Area is identified as a wetlands area and is shown as Federal property on the existing land use map. The land classification map designates the point of marsh area for conservation. 3. 3. Has the effect on on-shore and off-shore operational areas and support requirements been considered? Apparently not. Other than property identification and interest in the Navy AICUZ study, the county plan does not consider on-shore or off-shore operational needs. 4. Has the plan prohibited a use within the Coastal Zone which may impact Navy operations? This element will be addressed in the plan development stage. 5. Is any Navy land, off-shore operating area or weapons training range located in an area designated or particular of state concern? Yes, the Cat Island Target Area is designated as a conservation area. Areas of environmental concern are not formally designated. S. Has national defense been identified as one of the important priority uses? Negative. 7. Have potential requirements for new or expanded Naval activities been recognized? Negative. 8. Are any vital Navy properties or coastal areas designated for preservation and restoration? This element is to be completed as part of the plan development stage. IV. Dare County 1. Does the general program statement on problems, issues, objectives and policies conflict with Navy interests? Goal statements are general and do not address national interest concerns. 2. Has all Navy land been identified for exclusion from the Coastal Zone? The Federal property at Buxton, North Carolina, has not been -26 1 - identif fed nor has the off-shore target area located near Sandy Point been identified. Exclusion of Federal property is recognized to be an element of the plan development stage 3. Has the effect on on-shore and off-shore operational areas and support requirements been considered? Negative. 4. Has the plan prohibited a use within the Coastal Zone which may impact Navy operations? This section is to be developed as an element of the plan development stage. 5. Is any Navy land, off-shore operating area or weapons training located in an area designated or particular state concern? Negative. Areas of environmental concern have not yet been designated. 6. Has national defense been identified as one of the important priority uses'? Negative. 7. Have potential requirements for new or expanded Naval activities been recognized? Negative. 8. Are any vital Navy properties or coastal areas designated for preservation or restoration? Negative. This area is to be addressed as part of the plan development stage. V. Perquimans County 1. Does the general program statement on problems, issues, objectives and policies conflict with Navy interests? Negative. 2. Has all Navy land been identified for exclusion from the Coastal Zone? 2 26 2 The Harvey Point area is identified as a U. S. Government Reservation on the map. Exclusion of Federal property will be an element of consideration in the plan development stage. 3. Has the effect on on-shore and off-shore operational areas and support requirements been considered? Negative. 4. Has the plan prohibited a use within the Coastal Zone which may impact Navy operations? This element is to be developed as part of the plan development stage. S. Is any Navy la nd, off-shore operating area, or weapons training range located in an area designated of particular state concern? The southern shore line of Harvey Point is identified as an area of high estuarian erosive quality. A small parcel on the south shore of Harvey Neck is identified as a wetland area and designated for conservation. The parcel is adjacent or just outside the western boundary of Harvey Point, but because of map scale and detail, it is impossible to pinpoint. The entire federal parcel of Harvey Point is shown as being located in the flood 'hazard area. It is recognized that formal areas of environmental concern have not yet been designated. 6. Has national defense been identified as one of the important priority uses? Negative. 7. Have potential requirements for new or expanded Naval activities been recognized? Negative. 8. Are any vital Navy properties or coastal areas designated for preservation and restoration? Negative. This element will be addressed in the plan development stage. VI. Buford County and the City of Washington 1. Does the general program statement on problems, issues, 2 26 3 objectives and policies conflict with Navy interests? Negative. 2. Has all Navy land been identified for exclusion from the Coastal Zone? Negative. The Naval Reserve Training Facility at Washington, N.C., has not been identified. This issue will be addressed as part of the plan development stage. 3. Has-~the effect on on-shore and off-shore operational areas and support requirements been considered? Negative. 4. Has the plan prohibited a use within the Coastal Zone which may impact Navy operations? Negative. Permissible uses will be identified in the plan development stage. 5. Is any Navy land, off-shore operating area or weapons training range located in an area designated of particular stated concern? Negative. Areas of environmental concern have not yet been designated. 6. Has national defense been identified as one of the important priority uses? Negative. 7. Have potential requirements for new or expanded Naval Activities been recognized? Negative. 8. Are any vital Navy properties or coastal areas designated for preservation and restoration? Negative. VII. Pamlico County 1. Does the general program statement on problems, issues, objectives and policies conflict with Navy interests? Negative. 2. Has all Navy land been identified for exclusion from the Coastal Zone? The target areas located at Pamlico Point and Maw Point have not been identified on the maps and Caere not mentioned in the text of the report. Federal exclusion will be addressed in the plan development stage. 3. Has the effect on on-shore and off-shore operational areas and support requirements been considered? Negative. 4. Has the plan prohibited a use within the Coastal Zone which may impact Navy operations? This area will be addressed as part of the plan development stage. 5. Is any Navy land, off-shore operating area or weapons training range located in an area designated of particular state concern? Navy properties located in this county and identified as Pamlico Point and Maw Point have been designated as wetland area on the existing land use map. The same two areas were designated for conservation on the future land use map and are shown as marshland on the proposed AEC map. 6. Has National Defense been identified as one of the important priority uses? Negative. 7. Have potential requirements for new or expanded Naval activities been recognized? Negative. B. Are any vital Navy properties or coastal areas designated for preservation and restoration? This issue is to be addressed as part of the plan development stage. - 265 - General Comment The Pamlico Point and Maw Point target areas have been designated as marshlands on the proposed AEC map. C. '~~~~~~~~~~~~~~~~~~~C M~~~~~~~~L~ A-' *~~~~~~~~~~~~~~~r 2-'"' I ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~V.-. "-t . - 267 - United States Department of the Interior NATIONAL PARK SERVICE SOUTHEAST REGIONAL OFFICE 1895 Phoenix Boulevard IN PLEPLY REFER TO: Atlanta, Georgia 30337 D18-SER-PC JAN 2 2 197$ Mlr. Mark B. Sullivan Chief, Land Use Planning Section North Carolina Department of Natural and Economic Resources Division of Planning and Evaluation Box 27687 Raleigh, North Carolina 27611 Dear Mr. Sullivan: We appreciated the opportunity to review the draft county plans for Coastal Zone Management planning. We applaud North Carolina's approach to this new planning effort and offer the following suggestions in the spirit of helpfulness. Cartaret County 1. The plan fails to designate the authorized (Public Law 89-366, dated March 10, 1966) and (Public Law 93-477, dated October 26, 1974) boundaries of Cape Lookout National Seashore. Possibly, the county planners restricted their land designation to literal adherence to the guidelines for Areas of Environmental Concern (AEC) regarding the category 4.1 which signifies EXISTING National or State parks. 2. The planners suggested deemphasis of the importance of the barrier islands for development and resource protection for manage- ment on page 46, "One method to eliminate this false impression received by reviewing total acreage of townships is to create a separate township to include only Core Banks, Portsmouth Island and Shackleford Banks." 4OL.UTI04/ - 268 - 3. Harkers Island has a designation of transition area omitting the proposed 100 acre headquarter site at the eastern extremity which was authorized in legislation. On page 47, the planners state "Harkers Island addresses recent approved subdivision by Earl Davis and Owen Fulford." A portion of the Earl Davis sub- division lies within the proposed Federal park boundary on Harkers Island. 4. The section "Frontal Dunes and Beaches" suggests a continous dune system with schematic portrayal of oceanic energy relationship and erosive reaction to fragile frontal dune. Althouigh this may have merit in addressing conditions found on developed Bogue Banks it is not descriptive of conditions on Portsmouth, Core and Shackleford. These areas are composed of NATURAL dunes and effectively relate to oceanic overwash which is part-of the ecological/environmental cycle of the barrier island. 5. From page 87, "Core, Shackleford, and Portsmouth may not be designated as official wildlife areas." Again, the planners indicate disregard for the authorized national seashore. 6. Under the heading "Recreation" on page 130, no mention of the national seashore with limited notation of "The Outer Banks" which might be construed to mean the area of Bogue Banks. 7. In objectives and goals, the planners state that natural environmental and cultural and historic resources uses may be destroyed-page 152 "the issue may not be preservation but the matter of whether or not we value our important resources sufficiently enough to prevent destruction of them." We had difficulty in resolving the vagueness of this as an objective and goal. In fact the entire section of land use goals and objectives was considerably vague. 8. The subject of past and present land use conditions, particularly in the Portsmouth, Core and Shackleford Banks areas was not addressed. Dare County 1. The plan does not reflect the degree of Federal, State, and local participation that has occurred or needs to occur in land use planning. Additionally, there seems to be a lack of identification of the Federal Government's management responsibilities of lands within the counties, particularly in the Dare County Plan. The plan 2 - 269 - did not identify any other government agency except the UPS as a land managing agency in the county. The plans seems to lack identification of special services available on a cooperative basis to the counties and the communities from Federal agencies managing lands in the area, particularly in terms of fire protection, law enforcement and other similar expertise. 2. The plan does not recognize all the potential historic properties in the county other than those currently on the National Register of Historic Places. Since the plan was developed, the Cape Hatteras Lighthouse has been added to the Register. There is a possibility that Little Kinnakeet Coast Guard Station, Chicamacomico Coast Guard Station, Bodie Island Coast Guard Station, and Bodie Island Lighthouse are potential additions to the Register in Dare County. 3. The plan appears to be incomplete in identifying "areas of environmental concern" on the sound side of Hatteras Island. It also fails to clearly identify the boundaries of the national seashore. 4. The plan suggests that the Wright Brothers Memorial Airstrip be upgraded to a private and light commercial air facility, which would be in conflict to its intended purpose and also be in competition with the developments at Manteo Airport. 5. The plan proposes use of national seashore properties for sanitary landfill purposes. There is an inconsistency here because the plan also states that lands will be used for the purpose for which they are established. 6. The plan does not outline recreational opportunities not now available to the public; nor does it address itself to the issue of future public access to beaches, particularly in the beach areas outside the national seashore. Hyde County 1. Hyde County Plan identifies the Ocracoke-Swanquarter Ferry as an economic boost for the county. It does not, however, identify the potential impacts that could occur from the establishment of that service. Specifically, it does not speak to the issues of sanitation, overnight accommodation, or the need for coordinated planning with the Park Service for campgrounds and related visitor services programs. 3 2. It did not recognize some of the offshore islands as areas of environmental concern. 3. Ocracoke Lighthouse is not identified as an historic structure. Pender County 1. Recognize and appropriately classify all lands within the expanded boundary of Moores Creek National Military Park as 4.1. 2. The relocation route of Highway 210 at Moores Creek National Military Park should be protected from development that would interfer with construction of this new road segment. 3. Maintain the historic integrity of Moores Creek to insure historic flow rates and reasonable water quality in the vicinity of Moores Creek National Military Park. 4. Identify areas on the National Register of Historic Places as *4.5. Sincerely yours, Kim M. Fene Park Planner Southeast Region >~~ UNITED SAEENI(MNTLPROTECTION AGENCY REGION IV I421 PEACHTREE ST., N. E. ATLANTA, GEORGIA 30309 4AER:PJM DEC 1 2 1975 Mr. Mark Sullivan Chief, Land Use Planning Section North Carolina Department of Natural and Economic Resources P.O. Box 27687 Raleigh, North Carolina 27611 Dear Mr. Sullivan: Thank you for the opportunity to review the coastal county and city draft coastal zone management plans on December 3 and 4, 1975. As you are aware from the discussions with Philip Murphy of my staff, we were unable to perform a detailed review of every plan but, instead, did an analysis of a few plans at random with specific items of interest in mind. From this type of review, we were able to obser-ve a ftumber of consistently reoccurring similarities among the plans reviewed. Consequently, we offer the following generalized comments for your consideration. Overall, the plans reviewed dwelled heavily on thle documentation of existing conditions. In a number of cases, the adverse effects of past development practices were alluded to but then the plans exemplified a lack of imagination as they stopped short of meeting the true goal of the Act by not proposing any plan to effectively reorient nor cope with the effects of the present development trends. The need for and the lack of such planning is currently illustrated by the vast acreage of SA waters that are now closed to shellfish harvesting. The plans, themself, deal in generalities as far as environmental parameters are concerned and offer no specific action for their protection. For example, a number of plans say standards should be developed to pro- mote planned development along with protection of environmental amenities, but no such standards are recommended. All but one of the county plans reviewed discussed the unsuitability of the soil for septic tanks as being a severe limiting factor for develop- ,ment over as much as 80 percent of a particular county. Even in light of this documented fact, many of the plans did -not address future facilities needed to cope with the sewage of expanding development. 2 272- 2 A majority of the plans we were able to review acknowledged the importance of wetlands and stated that they should be protected. However, in a number of cases it appeared that protection was suggested to stop at the mean high waterline. To erase this conception, the cities and counties should be aware that there are tools, in the form of Federal laws with permit requirements, already in existence which will go beyond the mean high waterline to protect and preserve wetlands. Each plan, once finalized, should acknowledge the awareness of such regulations and be designed accordingly. We hope these comments provide some assistance in the difficult task you and your staff are currently faced with. We look forward to future interaction of our respective agencies. Sincerely yours-, E. T. Heinen Chief Ecological Review Branch Enforcement Division cc: Regional Director U.S. Fish and Wildlife Service Mr. Bob Robinson U.S. Fish and Wildlife Service Regional Director National Marine Fisheries Service Mr. Randy Cheek National Marine Fisheries Service Dr. Arthur Cooper North Carolina Department of Natural and Economic Resources