15A NCAC 07H .1605      SPECIFIC CONDITIONS

Proposed utility line installations shall meet each of the following specific conditions to be eligible for authorization by this General Permit:

(1)           All domestic sanitary sewer line requests must be accompanied by a statement of prior approval from the NC Division Water Quality.

(2)           All spoils which are permanently removed must be placed on a high ground disposal site and stabilized so as not to return to waters, marsh, or other wetlands.

(3)           Any additional backfill material required shall consist of sand or rock and not contain organic matter.

(4)           Finished grades or subaqueous or wetland crossing must be returned to preproject contours.

(5)           There can be no work within any productive shellfish beds.

(6)           No excavation or filling activities will be permitted between April 1 and September 30 of any year within any designated primary nursery area.

(7)           Subaqueous lines must be placed at a depth of six feet below the project depth of federal projects. For non-federal projects, subaqueous lines shall be installed at a minimum depth of two feet below the bottom contour.

(8)           The minimum clearance for aerial communication lines or any lines not transmitting electricity shall be 10 feet above the clearance required for bridges in the vicinity.

(9)           The minimum clearance for aerial electrical transmission lines shall be consistent with those established by the US Army Corps of Engineers and US Coast per 33 CFR 322.5 (i).

(10)         The installation of a utility line on pipe bents or otherwise above the elevation of mean high or mean ordinary water must be of sufficient height to allow for traditional navigation in the water body. The utility line shall not interfere with the waterflow of normal or flood waters.

(11)         Natural gas lines shall not exceed 11 inches in diameter.

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

Eff. March 1, 1985;

Amended Eff. August 1, 1998;

Readopted Eff. October 1, 2022.