15A NCAC 07J .0207       REVIEW of MAJOR DEVELOPMENT and DREDGE AND FILL applications

(a)  In order to determine the impact of the proposed project, the Department shall prepare a field report on each major development and/or dredge and fill permit application accepted for processing. Such report shall be prepared after an on‑site investigation is completed. The report shall include project location, environmental setting, project description and probable environmental impact.

(b)  In order to comply with G.S. 113A-120(a)(4), the Department shall circulate major development permit applications to the State review agencies having expertise in the criteria enumerated in G.S. 113A-113(b)((1) through (b)(9).

(c)  In order to comply with G.S. 113A-120(a)(2), the Department shall circulate dredge and fill permit applications to the State review agencies having expertise in those matters enumerated in G.S. 113‑ 229(e)(1) through (e)(5).

(d)  Each reviewing agency may make an independent analysis of the application and submit recommendations and comments to the Department. Such recommendations and comments shall be considered by the Department in taking action on a permit application.

(e)  Each reviewing agency may request additional information related to the scale and scope of the projects, such as Stormwater Management Plans, from the applicant through the Division of Coastal Management if such information is deemed necessary for a complete review of the application. The applicant shall be notified of the requirement for additional information and permit processing will be suspended according to 15A NCAC 07J .0204(d).

(f)  The Division of Coastal Management is one of the State agencies that comments on permit applications. In its role as a commenting agency the Division shall use criteria in 15A NCAC 07H and local land use plans to assess whether to recommend permit issuance, permit issuance with conditions, or permit denial.

History Note:        Authority G.S. 113‑229; 113A-120, 113A‑124(a)(1); 113A-127;

Eff. March 15, 1978;

Amended Eff. July 1, 1989; October 1, 1988; September 1, 1985; November 1, 1984;

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.