15A ncac 10f .0323 burke county

(a) Regulated Areas. This Rule applies to the following waters in Burke County:

(1) Lake Hickory.

(2) Lake James at the following locations:

(A) Holiday Shores Subdivision;

(B) Lake James Campground;

(D) the waters of Boyd Moore Cove shore to shore, north of a line from a point on the northwest shore at 35.76667 N, 81.82337 W to a point on the southeast shore at 35.76558 N, 81.82245 W;

(E) East Shores development;

(F) Mallard Cove shore to shore, southwest of a point at 35.74437 N, 81.87053 W;

(G) the portion of Lake James shore to shore, beginning 385 yards northeast of the NC Highway 126 bridge at a line from a point on the north shore at 35.74652 N, 81.88231 W to a point on the south shore at 35.74440 N, 81.88017 W, and ending at a line 550 yards southwest of the NC Highway 126 bridge and 50 yards south of the Canal Bridge Boating Access Area dock from a point on the northwest shore at 35.74163 N, 81.88943 W to a point on the southeast shore at 35.73869 N, 81.88652 W;

(H) the waters within 50 yards of the end of the South Pointe Subdivision peninsula from a point east of the peninsula at 35.76399 N, 81.83768 W, and surrounding the peninsula from a point east of the peninsula at 35.76399 N, 81.83768 W, and surrounding the peninsula to a point west of the peninsula at 35.76307 N, 81.83648 W;

(I) the waters of Sherman's Hollow Cove shore to shore, and contiguous with those waters beginning at a point on the west shore of the mouth of Sherman's Hollow Cove at 35.76423 N, 81.82748 W, extending northeast within 50 yards of Linville Point to a point on the northeast shore of Linville Point at 35.76596 N, 81.82432 W; and

(J) the waters of Mills Creek at Lake James State Park, shore to shore from a point 50 yards northwest of the Cove bridge at 35.76469 N, 81.87703 W to a point 50 yards southeast of the bridge at 35.76406 N, 81.87637 W.

(3) Lake Rhodhiss.

(b) Speed Limit. No person shall operate a vessel at greater than no-wake speed within the regulated areas described in Paragraph (a) of this rule.

(c) Speed Limit in Mooring Areas. No person shall operate a vessel at greater than no-wake speed while within a marked mooring area on the regulated areas described in Paragraph (a) of this Rule.

(d) Swimming Area. No person operating or responsible for the operation of a vessel shall permit it to enter the waters of Paddy's Creek Swim Area at Lake James State Park Road in Nebo.

(e) Placement of Markers. The following agencies shall be responsible for placement of the markers implementing this Rule, subject to the approval of the United States Coast Guard and the United States Army Corps of Engineers:

(1) the Board of Commissioners of Burke County, for the regulated areas designated in Parts (a)(2)(A) through (I) of this Rule; and

(2) Lake James State Park for the regulated areas designated in Part (a)(2)(J) and Paragraph (d) of this Rule.

History Note: Authority G.S. 75A‑3; 75A‑15;

Eff. July 1, 1976;

Amended Eff. December 1, 1995; December 1, 1994; December 1, 1992; March 1, 1992;

Temporary Amendment Eff. April 1, 1999;

Amended Eff. July 1, 2000;

Temporary Amendment Eff. August 15, 2001;

Amended Eff. July 1, 2009; May 1, 2009; August 1, 2002;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 6, 2016;

Amended Eff. November 1, 2017;

Emergency Amendment Eff. November 2, 2020;

Temporary Amendment Eff. December 30, 2020; Temporary Amendment Expired September 26, 2021;

Amended Eff. June 1, 2022; February 1, 2021.