(a)  The permit in this Section authorizes only those activities associated with the construction of mitigation banks and in-lieu fee mitigation projects.

(b)  Individuals shall allow representatives of the Department of Environment and Natural Resources to make periodic inspections at any time deemed necessary in order to be sure that the activity being performed under authority of this general permit is in accordance with the terms and conditions of the rules of this Section.

(c)  There shall be no interference with navigation or use of the waters by the public.  No attempt shall be made by the permittee to prevent the use by the public of all navigable waters at or adjacent to the development authorized pursuant to the rules of this Section.

(d)  This permit shall not be applicable to proposed construction where the Division of Coastal Management 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.

(e)  At the discretion of the Division of Coastal Management, review of individual project requests shall be coordinated with the Department of Environment and Natural Resources to determine if a construction moratorium during periods of significant biological productivity or critical life stages of fisheries resources is necessary to protect those resources.

(f)  This permit shall not eliminate the need to obtain any other required state, local, or federal authorization.

(g)  Development carried out under this permit shall be consistent with all local rules, regulations, laws, or land use plans of the local government in which the development takes place.


History Note:        Authority G.S. 113A-107; 113A-118.1;

Eff. October 1, 2004;

Amended Eff. October 1, 2014.