15A NCAC 07J .0410       RESTORATION/MITIGATION

Any violation involving development that is inconsistent with rules for development within AECs, i.e. wetland fill, improper location of a structure, shall result in a notice of restoration from the Secretary or its delegate or a local government. The notice shall describe the extent of restoration necessary to recover lost resources, or to prevent further resource damage and a time for its completion. Failure to complete the restoration described in the notice may result in a court order as described in G.S. 113‑126(a) and (b). Failure to act to complete the required restoration may be determined to constitute a separate violation, according to G.S. 113‑126(d)(2), subject to the penalties in Rule .0409 of this Section. Any resources that cannot be recovered by restoration of the affected site shall be replaced in compliance with the goals of the Commission's mitigation policy described in 15A NCAC 07M .0701.

History Note:        Authority G.S. 113A‑126; 113A‑124(c); 113A-124(c)(8);

Eff. July 1, 1985;

Readopted Eff. August 1, 2021.