(a)  The applicant for a general permit for excavation within or connecting to existing canals, channels, basins, or ditches in estuarine waters, public trust waters and coastal shoreline areas of environmental concern shall contact the Division of Coastal Management and request approval for development.  Applicants shall provide their name and address, the site location, and the dimensions of the project area.

(b)  The applicant must provide:

(1)           A written statement signed by the adjacent riparian property owners indicating that they have no objections to the proposed work; or

(2)           Certified mail return receipts (or copies thereof) indicating that the adjacent riparian property owners have been notified by certified mail of the proposed work.  Such notice should instruct adjacent property owners to provide any comments on the proposed development in writing for consideration by permitting officials to the Division of Coastal Management within ten days of receipt of the notice, and indicate that no response will be interpreted as no objection. 

(c)  DCM staff will review the permit request and comments and determine, based on the potential impacts of the proposed project, whether the proposed project complies with the requirements of this Section and can be approved by a General Permit. If DCM staff finds that the proposed project does not comply with the requirements of this Section, the applicant will be notified that they must submit an application for a major development permit in accordance with 15A NCAC 07J .0200.

(d)  No work shall begin until an onsite meeting is held with the applicant and a Division of Coastal Management representative to inspect and mark the proposed area of excavation and spoil disposal.  Written authorization to proceed with the proposed development may be issued during this site visit.  All excavation shall be completed within 120 days of the date of permit issuance.


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

Eff. July 1, 1984;

Amended Eff. July 1, 2015; January 1, 1990; December 1, 1987.