15A nCAC 07H .1805      SPECIFIC CONDITIONS

(a)  The area where beach bulldozing is being performed shall maintain a slope that follows the pre-emergency slopes as closely as possible so as not to endanger the public or the public's use of the beach. The movement of material by a bulldozer, front‑end loader, backhoe, scraper, or any type of earth moving or construction equipment shall not exceed one foot in depth measured from the pre‑activity surface elevation.

(b)  The activity shall not exceed the lateral bounds of the applicant's property without the written permission of the adjoining landowner(s).

(c)  The permit shall not authorize movement of material from seaward of the mean low water line.

(d)  Adding sand to dunes shall be accomplished in such a manner that the damage to existing vegetation is minimized. Upon completion of the project, the fill areas shall be replanted with native vegetation, such as Sea Oats (Uniola paniculata), or if outside the planting season, shall be stabilized with sand fencing until planting can occur.

(e)  In order to minimize adverse impacts to threatened and endangered species, no bulldozing shall occur inside the Ocean Hazard AEC within the period of April 1 through November 15 of any year, or anytime inside an Inlet Hazard AEC without the prior approval of the Division of Coastal Management, in coordination with the North Carolina Wildlife Resources Commission, the United States Fish and Wildlife Service, and the United States Army Corps of Engineers.

(f)  If one contiguous acre or more of oceanfront property is to be excavated or filled, an erosion and sedimentation control plan shall be filed with and approved by the Division of Energy, Mineral, and Land Resources, or local government having jurisdiction. This plan must be approved prior to commencing the land disturbing activity.

History Note:        Authority G.S. 113-229(c1); 113A-107; 113A‑113(b); 113A‑118.1;

Eff. December 1, 1987;

Temporary Amendment Eff. September 2, 1998;

Amended Eff. September 1, 2016; August 1, 2012 (see S.L. 2012-143, s.1.(f)); August 1, 2000;

Readopted Eff. April 1, 2022;

Amended Eff. September 1, 2022.