15A NCAC 01C .0410       PRIVATE USE OF PUBLIC LANDS

Activities related to the private use of public lands, when conducted in accordance with permit requirements, do not require the filing of environmental documents.  These activities include but are not limited to the following:

(1)           Use of pound nets.

(2)           Shellfish relaying and transplanting.

(3)           Harvest of shellfish during closed season.

(4)           Special fisheries management activities under 15A NCAC 03I .0012.

(5)           Aquaculture operations within coastal waters.

(6)           Scientific collecting within coastal waters.

(7)           Introduction and transfer of marine and estuarine organisms.

(8)           Development requiring a Coastal Area Management Act (CAMA) or a State Dredge and Fill Law permit that does not involve:

(a)           Construction of a new marina, or a 25% or greater expansion in the number of slips at existing and operating marinas;

(b)           Excavation of a new navigation channel.  Maintenance activities associated with maintaining the traditional and established use of a channel and new excavation activities located entirely within 100 feet of the shoreline, or within 50 feet from the waterward edge of any existing or authorized docking facility and involving the excavation of less than 5,000 square feet of public trust bottom do not constitute excavation of a new navigation channel for purposes of these rules.

(c)           Excavation of materials from aquatic environments for use for beach nourishment or other purposes not directly related to approved navigation projects;

(d)           A large scale beach nourishment or spoil deposition project.  A project shall be considered large scale when it places more than a total volume of 200,000 cubic yards of sand at an average ratio of more than 50 cubic yards of sand per linear foot of shoreline;

(e)           The salvaging of cut logs from public trust waters for commercial use, unless the salvage operation complies with any Departmentally approved best management practices developed for such activities;

(f)            The construction over state owned submerged lands or private bridges to privately owned islands, unless the length of the bridge is less than 50 feet; and

(g)           The excavation, dredging or other hydrodynamic manipulation of an inlet, inlet channel(s) or inlet shoal(s) for non-navigational purposes.

(9)           Construction of piers and boat docks on all State Lakes when conducted in accordance with 15A NCAC 12C .0300.

 

History Note:        Authority G.S. 113A‑4; 113A‑6; 113A‑9; 113A‑10; 113A-11; 113A-12; 143B‑10;

Eff. April 1, 2003.