SECTION .1200 – STATIC VEGETATION LINE EXCEPTION PROCEDURES

 

15A NCAC 07J .1201        REQUESTING THE STATIC LINE EXCEPTION

(a)  Any local government or permit holder of a large-scale

beach fill project, herein referred to as the petitioner, that is subject to a

static vegetation line pursuant to 15A NCAC 07H .0305, may petition the Coastal

Resources Commission for an exception to the static line in accordance with the

provisions of this Section.

(b)  A petitioner is eligible to submit a request for a

static vegetation line exception after five years have passed since the

completion of construction of the initial large-scale beach fill project(s)as

defined in 15A NCAC 07H .0305 that required the creation of a static vegetation

line(s).  For a static vegetation line in existence prior to the effective date

of this Rule, the award-of-contract date of the initial large-scale beach fill

project, or the date of the aerial photography or other survey data used to

define the static vegetation line, whichever is most recent, shall be used in

lieu of the completion of construction date. 

(c)  A static line exception request applies to the entire

static vegetation line within the jurisdiction of the petitioner including

segments of a static vegetation line that are associated with the same

large-scale beach fill project.  If multiple static vegetation lines within the

jurisdiction of the petitioner are associated with different large-scale beach

fill projects, then the static line exception in accordance with 15A NCAC 07H

.0306 and the procedures outlined in this Section shall be considered

separately for each large-scale beach fill project. 

(d)  A static line exception request shall be made in

writing by the petitioner.  A complete static line exception request shall

include the following:

(1)           A summary of all beach fill projects in the

area for which the exception is being requested including the initial

large-scale beach fill project associated with the static vegetation line,

subsequent maintenance of the initial large-scale projects(s) and beach fill

projects occurring prior to the initial large-scale projects(s).  To the extent

historical data allows, the summary shall include construction dates, contract

award dates, volume of sediment excavated, total cost of beach fill project(s),

funding sources, maps, design schematics, pre-and post-project surveys and a

project footprint;

(2)           Plans and related materials including

reports, maps, tables and diagrams for the design and construction of the

initial large-scale beach fill project that required the static vegetation

line, subsequent maintenance that has occurred, and planned maintenance needed

to achieve a design life providing no less than 25 years of shore protection

from the date of the static line exception request.  The plans and related

materials shall be designed and prepared by the U.S. Army Corps of Engineers or

persons meeting applicable State occupational licensing requirements for said

work;

(3)           Documentation, including maps, geophysical,

and geological data, to delineate the planned location and volume of compatible

sediment as defined in 15A NCAC 07H .0312 necessary to construct and maintain

the large-scale beach fill project defined in Subparagraph (d)(2) of this Rule

over its design life.  This documentation shall be designed and prepared by the

U.S. Army Corps of Engineers or persons meeting applicable State occupational

licensing requirements for said work; and

(4)           Identification of the financial resources

or funding sources necessary to fund the large-scale beach fill project over

its design life.

(e)  A static line exception request shall be submitted to

the Director of the Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557.  Written acknowledgement of the receipt of a completed static

line exception request, including notification of the date of the meeting at

which the request will be considered by the Coastal Resources Commission, shall

be provided to the petitioner by the Division of Coastal Management.

(f)  The Coastal Resources Commission shall consider a

static line exception request no later than the second scheduled meeting

following the date of receipt of a complete request by the Division of Coastal

Management, except when the petitioner and the Division of Coastal Management

agree upon a later date.

 

History Note:        Authority G.S. 113A-107; 113A-113(b)(6);

113A-124;

Eff. March 23, 2009.