15A ncac 07j .0404       DEVELOPMENT PERIOD EXTENSION

(a)  For CAMA minor permits authorizing beach bulldozing, the applicant is entitled to request a one-time 30 day permit extension.  No additional extensions shall be granted after the 30 day extension has expired.  Notwithstanding this Paragraph, the applicant is eligible to apply for another minor permit authorizing beach bulldozing following expiration of the 30 days permit extension.

(b)  Where no development has been initiated during the development period, the permitting authority shall extend the authorized development period for no more than two years upon receipt of a signed and dated request from the applicant containing the following:

(1)           a statement of the intention of the applicant to complete the work within a reasonable time;

(2)           a statement of the reasons why the project will not be completed before the expiration of the current permit;

(3)           a statement that there has been no change of plans since the issuance of the original permit other than changes that would have the effect of reducing the scope of the project, or, previously approved permit modifications;

(4)           notice of any change in ownership of the property to be developed and a request for transfer of the permit if appropriate; and

(5)           a statement that the project is in compliance with all conditions of the current permit.

Where substantial development, either within or outside the AEC, has begun and is continuing on a permitted project, the permitting authority shall grant as many two year extensions as necessary to complete the initial development.  For the purpose of this Rule, substantial development shall be deemed to have occurred on a project if the permittee can show that development has progressed beyond basic site preparation, such as land clearing and grading, and construction has begun and is continuing on the primary structure or structures authorized under the permit.  For purposes of residential subdivision, installation of subdivision roads consistent with an approved subdivision plat shall constitute substantial development.  Renewals for maintenance and repairs of previously approved projects may be granted for periods not to exceed 10 years.

(c)  When an extension request has not met the criteria of Paragraph (b) of this Rule, the Department may circulate the request to the commenting state agencies along with a copy of the original permit application.  Commenting agencies will be given three weeks in which to comment on the extension request.  Upon the expiration of the commenting period the Department will notify the applicant promptly of its actions on the extension request.

(d)  Notwithstanding Paragraphs (b) and (c) of this Rule, an extension request may be denied on making findings as required in either G.S. 113A‑120 or G.S. 113-229(e).  Changes in circumstances or in development standards shall be considered and applied to the maximum extent practical by the permitting authority in making a decision on an extension request.

(e)  The applicant for a major development extension request must submit, with the request, a check or money order payable to the Department in the sum of one hundred dollars ($100.00).

(f)  Modifications to extended permits may be considered pursuant to 15A NCAC 07J .0405.

 

History Note:        Authority G.S. 113A‑119; 113A-119.1; 113A‑124(c)(8);

Eff. March 15, 1978;

Amended Eff. August 1, 2002; August 1, 2000; April 1, 1995; March 1, 1991; March 1, 1985; November 1, 1984.