15A NCAC 07H .0507      UNIQUE COASTAL GEOLOGIC FORMATIONS

(a)  Description. Unique coastal geologic formations are defined as sites that contain geologic formations that are unique or significant components of coastal systems, or that are notable examples of geologic formations or processes in the coastal area. Such areas shall be evaluated by the Commission after identification by the State Geologist pursuant to G.S. 113A-113.

(b)  Significance. Unique coastal geologic areas are important educational, scientific, or scenic resources that would be jeopardized by uncontrolled or incompatible development.

(c)  Management Objectives. The CRC's objective is to preserve unique resources of more than local significance that function as key physical components of natural systems, as important scientific and educational sites, or as valuable scenic resources. Specific objectives for each of these functions shall be related to the following:

(1)           To ensure that the designated geologic feature shall be able to interact with other components of the identified systems. These interactions are often the natural forces acting to maintain the unique qualities of the site. The primary concern is the relationship between the geologic feature and the accompanying biological component associated with the feature. Other interactions which may be of equal concern are those relating the geologic feature to other physical components, specifically the relationship of the geologic feature to the hydrologic elements; ground water and surface runoff.

(2)           To ensure that the designated geologic feature or process shall be preserved for and be accessible to the scientific and educational communities for study purposes.

(3)           To protect the values of the designated geologic feature as expressed by the local government and citizenry. These values shall be related to the educational and aesthetic qualities of the feature.

(d)  Designation. The Coastal Resources Commission hereby designates Jockey's Ridge as a unique coastal geologic formation area of environmental concern. The boundaries of the area of environmental concern shall be as depicted on a map approved by the Coastal Resources Commission on December 4, 1987, and on file with the Division of Coastal Management, available at 400 Commerce Ave., Morehead City, NC 28557. This area includes the entire rights of way of US 158 Bypass, SR 1221 (Sound Side Road), Virginia Dare Trail, and Conch Street where these roads bound this area. Jockey's Ridge is the tallest active sand dune along the Atlantic Coast of the United States. Located within the Town of Nags Head in Dare County, between US 158 and Roanoke Sound, the Ridge represents the southern extremity of a back barrier dune system which extends north along Currituck Spit into Virginia. Jockey's Ridge is an example of a medano, a large isolated hill of sand, asymmetrical in shape and lacking vegetation. Jockey's Ridge is the largest medano in North Carolina and has been designated a National Natural Landmark by the U.S. Department of the Interior.

(e)  Use Standards. Jockey's Ridge. Development within the Jockey's Ridge AEC shall be consistent with the following minimum use standards:

(1)           Development which requires the removal of greater than ten cubic yards of sand per year from the area within the AEC boundary shall require a permit;

(2)           All sand which is removed from the area within the AEC boundary in accordance with 15A NCAC 07H .0507(e)(1) shall be deposited at locations within the Jockey's Ridge State Park designated by the Division of Coastal Management in consultation with the Division of Parks and Recreation;

(3)           Development activities shall not significantly alter or retard the free movement of sand except when necessary for the purpose of maintaining or constructing a road, residential/commercial structure, accessway, lawn/garden, or parking area.

History Note:        Authority G.S. 113A‑107(a),(b); 113A‑113(b)(4)g.; 113A‑124;

Eff. September 9, 1977;

Amended Eff. March 1, 1988;

RRC objection September 17, 2022 and rule returned to agency on October 5, 2023;

Codifier determined that agency's findings of need did not meet criteria for emergency rule on December 20, 2023;

Emergency Adoption Eff. January 3, 2024.