15A NCAC 07J .0208 PERMIT CONDITIONS

(a) In compliance with G.S. 113A-120(a)(4) and G.S. 113A-120(a)(2), each of the State, federal and local reviewing agencies may submit specific recommendations regarding the manner in which the proposed development should be accomplished including limitations on the development in order to protect the public interest with respect to the factors enumerated in G.S. 113A-113(b)(1) through (b)(9) and 113-229(e)(1) through (e)(5), The State, federal and local reviewing agencies also may submit specific recommendations regarding limitations to be placed on the operation and maintenance of the completed project, to ensure continued protection of the public interest with respect to those factors. Such limitations may be imposed by the Department on the project in the form of "permit conditions". Upon the failure of the applicant to appeal a permit condition, the applicant shall be deemed to have amended his or her permit to conform to the conditions imposed by the Department. Compliance with operational and maintenance conditions shall continue for the life of the project.

(b) The local permit officer may condition a minor development permit upon amendment of the proposed project to protect the public interest with respect to the factors enumerated in G.S. 113A‑120. The applicant shall sign the conditioned permit as an indication of amendment of the proposed project in a manner consistent with the conditions set out by the local permit officer before the permit shall become effective.

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

Eff. March 15, 1978;

Amended Eff. March 1, 1985; November 1, 1984;

RRC objection Eff. 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.