(a)  Individuals shall allow representatives of the Division of Coastal Management to make periodic inspections at any time necessary to ensure that the activity being performed under authority of this 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, is in accordance with the terms and conditions set forth in this Section.

(b)  This general permit shall not be applicable to proposed maintenance excavation when the Division determines that the proposed activity will adversely affect adjacent property.

(c)  This permit shall not be applicable to proposed construction where the Division has determined, based on an initial review of the application, that notice and review pursuant to G.S. 113A-119 is necessary because there are unresolved questions concerning the proposed activity's impact on adjoining properties or on water quality; air quality; coastal wetlands; cultural or historic sites; wildlife; fisheries resources; or public trust rights.

(d)  No new basins shall be allowed that result in closure of shellfish waters according to the closure policy of the Division of Marine Fisheries, 15A NCAC 18A .0911.

(e)  This permit shall not eliminate the need to obtain any other required state, local, or federal authorization, nor to abide by regulations adopted by any federal or other state agency.

(f)  Development carried out under this permit shall be consistent with all local requirements, AEC rules, and local Land Use Plans current at the time of authorization.


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

Eff. July 1, 1984;

Amended Eff. May 1, 1990; December 1, 1987;

RRC Objection due to ambiguity Eff. May 19, 1994;

Amended Eff. July 1, 2015; August 1, 1998; July 1, 1994.