15A N.C. Admin. Code 7H.2601

Current through Register Vol. 38, No. 24, June 17, 2024

Section 07H .2601 - PURPOSE

Persons seeking to construct mitigation banks and in-lieu fee mitigation projects shall apply for a General Permit according to the rules in this Section. This permit shall be applicable only for activities resulting in net increases in aquatic resource functions and services per 73 FR 19670 and federal Clean Water Act, at 33 U.S.C. 401 et seq.; 33 U.S.C. 1344; and Pub. L. 108-136. These activities include:

(1) restoration;

(2) enhancement;

(3) establishment of tidal and non-tidal wetlands and riparian areas;

(4) restoration and enhancement of non-tidal streams and other non-tidal open waters; and

(5) rehabilitation or enhancement of tidal streams, tidal wetlands, and tidal open waters.

This permit shall not apply within the Ocean Hazard System of Areas of Environmental Concern (AEC) or waters adjacent to these AECs with the exception of those portions of shoreline within the Inlet Hazard Area AEC that feature characteristics of Estuarine Shorelines. Such features include the presence of wetland vegetation, lower wave energy, and lower erosion rates than in the adjoining Ocean Erodible Area. A Division of Coastal Management representative will make the determination whether the site features characteristics of the Estuarine Shoreline at the time of permit application.

15A N.C. Admin. Code 07H .2601

Authority G.S. 113A-107; 113A-118.1;
Eff. October 1, 2004;
Amended Eff. October 1, 2014;
Readopted Eff. October 1, 2022.

Authority G.S. 113A-107; 113A-118.1;
Eff. 10/1/2004.

Amended by North Carolina Register Volume 29, Issue 09, November 3, 2014 effective 10/1/2014.

Readopted by North Carolina Register Volume 37, Issue 09, November 1, 2022 effective 10/1/2022.