North Carolina register, July 1998 - present

              NORTH CAROLINA
REGISTER
Volume 16, Issue 24
Pages 2707 - 2924
June 17, 2002
This issue contains documents officially filed
through May 24, 2002.
Office of Administrative Hearings
Rules Division
424 North Blount Street (27601)
6714 Mail Service Center
Raleigh, NC 27699-6714
(919) 733-2678
FAX (919) 733-3462
Julian Mann III, Director
Camille Winston, Deputy Director
Molly Masich, Director of APA Services
Ruby Creech, Publications Coordinator
Linda Dupree, Editorial Assistant
Dana Sholes, Editorial Assistant
Rhonda Wright, Editorial Assistant
IN THIS ISSUE
I. IN ADDITION
Voting Rights Letters................................................................................... 2707 - 2711
HHS – Draft 2003 State Medical Facilities Plan......................................... 2712 – 2713
OAH – Cumulative Index............................................................................ 2714
II. RULE-MAKING PROCEEDINGS
Environment and Natural Resources
Health Services, Commission for ........................................................... 2715 - 2716
Marine Fisheries ..................................................................................... 2715
Wildlife Resources Commission ............................................................ 2715
Health and Human Services
Medical Care Commission ..................................................................... 2715
Licensing Boards
CPA Examiners....................................................................................... 2716
Transportation
Motor Vehicles, Division of ................................................................... 2716
III. PROPOSED RULES
Community Colleges
Community Colleges, State Board of ..................................................... 2743 - 2744
Environment and Natural Resources
Coastal Resources Commission.............................................................. 2719 - 2730
Forest Resources ..................................................................................... 2730 - 2734
Water Quality Division........................................................................... 2718 - 2719
Health and Human Services
Medical Assistance ................................................................................. 2717 - 2718
Licensing Boards
Geologists, Licensing of ......................................................................... 2734 - 2743
IV. TEMPORARY RULES
Environment and Natural Resources
Wildlife Resources Commission ............................................................ 2745 - 2748
Health and Human Services
Health Services, Commission for ........................................................... 2748 - 2752
Secretary of State
Securities Division.................................................................................. 2752 - 2753
State Treasurer
Health & Wellness Trust Fund Commission.......................................... 2753 - 2757
V. APPROVED RULES................................................................................. 2758 - 2910
Agriculture
Food & Drug Protection Division
Standard Division
Structural Pest Control Division
Environment and Natural Resources
Environmental Management
Health Services
Forest Resources, Division of
Radiation Protection
Soil & Water Conservation Commission
Wildlife Resources Commission
Health and Human Services
Blind, Services for the
Children's Services
MH/DD/SAS
Insurance
Engineering & Building Codes Division
Life & Health Division
Property & Casualty Division
Justice
Private Protective Services
Labor
Occupational Safety & Health
Licensing Boards
Cosmetic Arts, Board of
Dental Examiners, Board of
Medical Examiners
Midwifery Joint Committee
Nursing, Board of
Plumbing, Heating & Fire Sprinkler
Professional Engineers & Land Surveyors
Substance Abuse Professionals, Certification Board for
Revenue
Corporate Income & Franchise Tax
Individual Income: Inheritance & Gift
Individual Income Tax Division
Sales & Use Tax
Secretary of State
Uniform Commercial Code Division
State Personnel
State Personnel Commission
Transportation
Highways, Division of
VI. CONTESTED CASE DECISIONS
Index to ALJ Decisions................................................................................ 2911 - 2919
Text of Selected Decisions
01 ABC 1409 .......................................................................................... 2920 - 2924
VII. CUMULATIVE INDEX............................................................................ 1 114
North Carolina Register is published semi-monthly for $195 per year by the Office of Administrative Hearings, 424 North Blount Street, Raleigh, NC 27601. North
Carolina Register (ISSN 15200604) to mail at Periodicals Rates is paid at Raleigh, NC. POSTMASTER: Send Address changes to the North Carolina Register, 6714
Mail Service Center, Raleigh, NC 27699-6714.
NORTH CAROLINA ADMINISTRATIVE CODE CLASSIFICATION SYSTEM
The North Carolina Administrative Code (NCAC) has four major subdivisions of rules. Two of these, titles and
chapters, are mandatory. The major subdivision of the NCAC is the title. Each major department in the North
Carolina executive branch of government has been assigned a title number. Titles are further broken down into
chapters which shall be numerical in order. The other two, subchapters and sections are optional subdivisions to
be used by agencies when appropriate.
TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA ADMINISTRATIVE CODE
TITLE DEPARTMENT LICENSING BOARDS CHAPTER
1
2
3
4
5
6
7
8
9
10
11
12
13
14A
15A
16
17
18
19A
20
*21
22
23
24
25
26
27
28
Administration
Agriculture
Auditor
Commerce
Correction
Council of State
Cultural Resources
Elections
Governor
Health and Human Services
Insurance
Justice
Labor
Crime Control & Public Safety
Environment and Natural Resources
Public Education
Revenue
Secretary of State
Transportation
Treasurer
Occupational Licensing Boards
Administrative Procedures (Repealed)
Community Colleges
Independent Agencies
State Personnel
Administrative Hearings
NC State Bar
Juvenile Justice and Delinquency
Prevention
Acupuncture
Architecture
Athletic Trainer Examiners
Auctioneers
Barber Examiners
Certified Public Accountant Examiners
Chiropractic Examiners
Employee Assistance Professionals
General Contractors
Cosmetic Art Examiners
Dental Examiners
Dietetics/Nutrition
Electrical Contractors
Electrolysis
Foresters
Geologists
Hearing Aid Dealers and Fitters
Landscape Architects
Landscape Contractors
Massage & Bodywork Therapy
Marital and Family Therapy
Medical Examiners
Midwifery Joint Committee
Mortuary Science
Nursing
Nursing Home Administrators
Occupational Therapists
Opticians
Optometry
Osteopathic Examination & Reg. (Repealed)
Pastoral Counselors, Fee-Based Practicing
Pharmacy
Physical Therapy Examiners
Plumbing, Heating & Fire Sprinkler Contractors
Podiatry Examiners
Professional Counselors
Psychology Board
Professional Engineers & Land Surveyors
Real Estate Appraisal Board
Real Estate Commission
Refrigeration Examiners
Respiratory Care Board
Sanitarian Examiners
Social Work Certification
Soil Scientists
Speech & Language Pathologists & Audiologists
Substance Abuse Professionals
Therapeutic Recreation Certification
Veterinary Medical Board
1
2
3
4
6
8
10
11
12
14
16
17
18
19
20
21
22
26
28
30
31
32
33
34
36
37
38
40
42
44
45
46
48
50
52
53
54
56
57
58
60
61
62
63
69
64
68
65
66
Note: Title 21 contains the chapters of the various occupational licensing boards.
NORTH CAROLINA REGISTER
Publication Schedule for January 2002 – December 2002
Filing Deadlines
Notice of
Rule-Making
Proceedings
Notice of Text
Temporary
Rule
volume
& issue
number
issue date last day
for filing
earliest register
issue for
publication of
text
earliest
date for
public
hearing
end of
required
comment
period
deadline to
submit to RRC
for review at
next meeting
first legislative
day of the next
regular session
end of
required
comment
period
deadline to
submit to RRC
for review at
next meeting
first legislative
day of the next
regular session
270th day
from issue
date
16:13 01/02/02 12/06/01 03/15/02 01/17/02 02/01/02 02/20/02 05/28/02 03/04/02 03/20/02 05/28/02 09/29/02
16:14 01/15/02 12/19/01 04/01/02 01/30/02 02/14/02 02/20/02 05/28/02 03/18/02 03/20/02 05/28/02 10/12/02
16:15 02/01/02 01/10/02 04/15/02 02/16/02 03/04/02 03/20/02 05/28/02 04/02/02 04/22/02 01/29/03 10/29/02
16:16 02/15/02 01/25/02 05/01/02 03/02/02 03/18/02 03/20/02 05/28/02 04/16/02 04/22/02 01/29/03 11/12/02
16:17 03/01/02 02/08/02 05/01/02 03/16/02 04/01/02 04/22/02 01/29/03 04/30/02 05/20/02 01/29/03 11/26/02
16:18 03/15/02 02/22/02 05/15/02 03/30/02 04/15/02 04/22/02 01/29/03 05/14/02 05/20/02 01/29/03 12/10/02
16:19 04/01/02 03/08/02 06/03/02 04/16/02 05/01/02 05/20/02 01/29/03 05/31/02 06/20/02 01/29/03 12/27/02
16:20 04/15/02 03/22/02 06/17/02 04/30/02 05/15/02 05/20/02 01/29/03 06/14/02 06/20/02 01/29/03 01/10/03
16:21 05/01/02 04/10/02 07/01/02 05/16/02 05/31/02 06/20/02 01/29/03 07/01/02 07/22/02 01/29/03 01/26/03
16:22 05/15/02 04/24/02 07/15/02 05/30/02 06/14/02 06/20/02 01/29/03 07/15/02 07/22/02 01/29/03 02/09/03
16:23 06/03/02 05/10/02 08/15/02 06/18/02 07/03/02 07/22/02 01/29/03 08/02/02 08/20/02 01/29/03 02/28/03
16:24 06/17/02 05/24/02 09/03/02 07/02/02 07/17/02 07/22/02 01/29/03 08/16/02 08/20/02 01/29/03 03/14/03
17:01 07/01/02 06/10/02 09/03/02 07/16/02 07/31/02 08/20/02 01/29/03 08/30/02 09/20/02 01/29/03 03/28/03
17:02 07/15/02 06/21/02 09/16/02 07/30/02 08/14/02 08/20/02 01/29/03 09/13/02 09/20/02 01/29/03 04/11/03
17:03 08/01/02 07/11/02 10/01/02 08/16/02 09/03/02 09/20/02 01/29/03 09/30/02 10/21/02 01/29/03 04/28/03
17:04 08/15/02 07/25/02 10/15/02 08/30/02 09/16/02 09/20/02 01/29/03 10/14/02 10/21/02 01/29/03 05/12/03
17:05 09/03/02 08/12/02 11/15/02 09/18/02 10/03/02 10/21/02 01/29/03 11/04/02 11/20/02 01/29/03 05/31/03
17:06 09/16/02 08/30/02 11/15/02 10/01/02 10/16/02 10/21/02 01/29/03 11/15/02 11/20/02 01/29/03 06/13/03
17:07 10/01/02 09/10/02 12/02/02 10/16/02 10/31/02 11/20/02 01/29/03 12/02/02 12/20/02 05/00/04 06/28/03
17:08 10/15/02 09/24/02 12/16/02 10/30/02 11/14/02 11/20/02 01/29/03 12/16/02 12/20/02 05/00/04 07/12/03
17:09 11/01/02 10/11/02 01/02/03 11/16/02 12/02/02 12/20/02 05/00/04 12/31/02 01/21/03 05/00/04 07/29/03
17:10 11/15/02 10/25/02 01/15/03 11/30/02 12/16/02 12/20/02 05/00/04 01/14/03 01/21/03 05/00/04 08/12/03
17:11 12/02/02 11/06/02 02/03/03 12/17/02 01/02/03 01/21/03 05/00/04 01/31/03 02/20/03 05/00/04 08/29/03
17:12 12/16/02 11/21/02 02/17/03 12/31/02 01/15/03 01/21/03 05/00/04 02/14/03 02/20/03 05/00/04 09/12/03
non-substantial economic impact substantial economic impact
EXPLANATION OF THE PUBLICATION SCHEDULE
This Publication Schedule is prepared by the Office of Administrative Hearings as a public service and the computation of time periods are not to be deemed binding or controlling. Time is
computed according to 26 NCAC 2C .0302 and the Rules of Civil Procedure, Rule 6.
GENERAL
The North Carolina Register shall be
published twice a month and contains the
following information submitted for
publication by a state agency:
(1) temporary rules;
(2) notices of rule-making proceedings;
(3) text of proposed rules;
(4) text of permanent rules approved by
the Rules Review Commission;
(5) notices of receipt of a petition for
municipal incorporation, as required
by G.S. 120-165;
(6) Executive Orders of the Governor;
(7) final decision letters from the U.S.
Attorney General concerning
changes in laws affecting voting in a
jurisdiction subject of Section 5 of
the Voting Rights Act of 1965, as
required by G.S. 120-30.9H;
(8) orders of the Tax Review Board
issued under G.S. 105-241.2; and
(9) other information the Codifier of
Rules determines to be helpful to the
public.
COMPUTING TIME: In computing time in
the schedule, the day of publication of the
North Carolina Register is not included.
The last day of the period so computed is
included, unless it is a Saturday, Sunday, or
State holiday, in which event the period
runs until the preceding day which is not a
Saturday, Sunday, or State holiday.
FILING DEADLINES
ISSUE DATE: The Register is published on
the first and fifteen of each month if the
first or fifteenth of the month is not a
Saturday, Sunday, or State holiday for
employees mandated by the State
Personnel Commission. If the first or
fifteenth of any month is a Saturday,
Sunday, or a holiday for State employees,
the North Carolina Register issue for that
day will be published on the day of that
month after the first or fifteenth that is not
a Saturday, Sunday, or holiday for State
employees.
LAST DAY FOR FILING: The last day for
filing for any issue is 15 days before the
issue date excluding Saturdays, Sundays,
and holidays for State employees.
NOTICE OF RULE-MAKING PROCEEDINGS
END OF COMMENT PERIOD TO A NOTICE OF
RULE-MAKING PROCEEDINGS: This date is 60
days from the issue date. An agency shall
accept comments on the notice of rule-making
proceeding until the text of the proposed rules
is published, and the text of the proposed rule
shall not be published until at least 60 days
after the notice of rule-making proceedings
was published.
EARLIEST REGISTER ISSUE FOR PUBLICATION
OF TEXT: The date of the next issue following
the end of the comment period.
NOTICE OF TEXT
EARLIEST DATE FOR PUBLIC HEARING:
The hearing date shall be at least 15 days
after the date a notice of the hearing is
published.
END OF REQUIRED COMMENT PERIOD
(1) RULE WITH NON-SUBSTANTIAL
ECONOMIC IMPACT: An agency shall
accept comments on the text of a proposed
rule for at least 30 days after the text is
published or until the date of any public
hearings held on the proposed rule,
whichever is longer.
(2) RULE WITH SUBSTANTIAL
ECONOMIC IMPACT: An agency shall
accept comments on the text of a proposed
rule published in the Register and that has
a substantial economic impact requiring a
fiscal note under G.S. 150B-21.4(b1) for
at least 60 days after publication or until
the date of any public hearing held on the
rule, whichever is longer.
DEADLINE TO SUBMIT TO THE RULES
REVIEW COMMISSION: The Commission
shall review a rule submitted to it on or
before the twentieth of a month by the last
day of the next month.
FIRST LEGISLATIVE DAY OF THE NEXT
REGULAR SESSION OF THE GENERAL
ASSEMBLY: This date is the first
legislative day of the next regular session
of the General Assembly following
approval of the rule by the Rules Review
Commission. See G.S. 150B-21.3,
Effective date of rules.
IN ADDITION
16:24 NORTH CAROLINA REGISTER June 17, 2002
2707
This Section contains public notices that are required to be published in the Register or have been approved by the Codifier of
Rules for publication.
U.S. Department of Justice
Civil Rights Division
JDR:RPL:TAR:nj Voting Section – NWB.
DJ 166-012-3 950 Pennsylvania Ave., N.W.
2001-1474 Washington, D.C. 20530
2001-4032
February 15, 2002
Michael Crowell, Esq.
Tharrington Smith
PO Box 1151
Raleigh, NC 27602
Dear Mr. Crowell:
This refers to the May 14, 2001, redistricting plan and the November 26, 2001 redistricting plan for the Town of Tarboro in
Edgecombe County, North Carolina, submitted to the Attorney General pursuant to Section 5 of the Voting Rights Act, 42 U.S.C.
1973c. We received your response to our July 18, 2001 request for additional information regarding the May 14, 2001 redistricting
plan on December 19, 2001. We also received your submission of the November 26, 2001, redistricting plan on December 19, 2001.
Your December 19, 2001, submission letter withdraws the May 14, 2001 redistricting plan from Section 5 review.
Accordingly, no determination by the Attorney General is required concerning this matter. See the Procedures for the Administration
of Section 5 (28 C.F.R. 51.25(a)).
The Attorney General does not interpose any objection to the remaining specified change. However, we note that Section 5
expressly provides that the failure of the Attorney General to object does not bar subsequent litigation to enjoin the enforcement of the
changes. See 28 C.F.R. 51.41.
Sincerely,
Joseph D. Rich
Chief, Voting Section
IN ADDITION
16:24 NORTH CAROLINA REGISTER June 17, 2002
2708
U.S. Department of Justice
Civil Rights Division
JDR:MJP:CEI:cp Voting Section – NWB.
DJ 166-012-3 950 Pennsylvania Ave., N.W.
2002-0451 Washington, D.C. 20530
March 28, 2002
Mr. Gary O. Bartlett
Executive Director
State Board of Elections
PO Box 27255
Raleigh, NC 27611-7255
Dear Mr. Bartlett:
This refers to Session Law 2001-507, which changes absentee ballot procedures for ill and disabled voters in the State of
North Carolina, submitted to the Attorney General pursuant to Section 5 of the Voting Rights Act, 42 U.S.C. 1973c. We received
your submission on January 30, 2002.
The Attorney General does not interpose any objection to the specified changes. However, we note that Section 5 expressly
provides that the failure of the Attorney General to object does not bar subsequent litigation to enjoin the enforcement of the change.
See the Procedures for the Administration of Section 5 (28 C.F.R. 51.41).
Sincerely,
Joseph D. Rich
Chief, Voting Section
IN ADDITION
16:24 NORTH CAROLINA REGISTER June 17, 2002
2709
U.S. Department of Justice
Civil Rights Division
JDR:GS:KEI:baw Voting Section – NWB.
DJ 166-012-3 950 Pennsylvania Ave., N.W.
2002-1169 Washington, D.C. 20530
April 17, 2002
Mr. Gary O. Bartlett
Executive Director
State Board of Elections
PO Box 27255
Raleigh, NC 27611-7255
Dear Mr. Bartlett:
This refers to Session Law 2001-512, which requires state and county election boards to notify candidates for elective office
of laws and rules prohibiting display of nonofficial signage on any state traffic device or highway signage or electric power company
structures for the State of North Carolina, submitted to the Attorney General pursuant to Section 5 of the Voting Rights Act, 42 U.S.C.
1973c. We received your submission on February 25, 2002.
The Attorney General does not interpose any objection to the specified changes. However, we note that Section 5 expressly
provides that the failure of the Attorney General to object does not bar subsequent litigation to enjoin the enforcement of the change.
See the Procedures for the Administration of Section 5 (28 C.F.R. 51.41).
Sincerely,
Joseph D. Rich
Chief, Voting Section
IN ADDITION
16:24 NORTH CAROLINA REGISTER June 17, 2002
2710
U.S. Department of Justice
Civil Rights Division
JDR:CKD:NT:cp Voting Section – GSt.
DJ 166-012-3 950 Pennsylvania Ave., N.W.
2002-1851 Washington, D.C. 20530
April 29, 2002
Mr. Gary O. Bartlett
Executive Director
State Board of Elections
PO Box 27255
Raleigh, NC 27611-7255
Dear Mr. Bartlett:
This refers to Sections 97. (a) and 97. (b) of Session Law 2001-487 which pertain to campaign finance disclosure and
reporting requirements for the State of North Carolina, submitted to the Attorney General pursuant to Section 5 of the Voting Rights
Act, 42 U.S.C. 1973c. We received your submission on March 5, 2002.
The Attorney General does not interpose any objection to the specified changes. However, we note that Section 5 expressly
provides that the failure of the Attorney General to object does not bar subsequent litigation to enjoin the enforcement of the change.
See the Procedures for the Administration of Section 5 (28 C.F.R. 51.41).
Sincerely,
Joseph D. Rich
Chief, Voting Section
IN ADDITION
16:24 NORTH CAROLINA REGISTER June 17, 2002
2711
U.S. Department of Justice
Civil Rights Division
JDR:CKD:SMC:cp Voting Section
DJ 166-012-3 950 Pennsylvania Ave., N.W.
2002-1460 Washington, D.C. 20530
May 2, 2002
Mr. Gary O. Bartlett
Executive Director
State Board of Elections
PO Box 27255
Raleigh, NC 27611-7255
Dear Mr. Bartlett:
This refers to Chapter 119 (2001), which provides procedures for filing economic statements of interest by legislative
candidates and supersedes all prior changes concerning such statements of interest, for the State of North Carolina, submitted to the
Attorney General pursuant to Section 5 of the Voting Rights Act, 42 U.S.C. 1973c. We received your submission on March 4, 2002.
The Attorney General does not interpose any objection to the specified changes. However, we note that Section 5 expressly
provides that the failure of the Attorney General to object does not bar subsequent litigation to enjoin the enforcement of the change.
See the Procedures for the Administration of Section 5 (28 C.F.R. 51.41).
With regard to prior unprecleared changes relating to statements of interest, because they are superseded by Chapter 119, the
Attorney General will make no determination concerning these matters. See 28 C.F.R. 51.35.
Sincerely,
Joseph D. Rich
Chief, Voting Section
IN ADDITION
16:24 NORTH CAROLINA REGISTER June 17, 2002
2712
TITLE 10 – DEPARTMENT OF HEALTH AND HUMAN SERVICES
CHAPTER 3 – FACILITY SERVICES
􀂋 PUBLIC NOTICE 􀂋
Citizens are invited to attend public hearings on the Draft 2003 State Medical Facilities Plan to be conducted by the North Carolina
State Health Coordinating Council (SHCC) at the following times and locations:
Wilmington July 19, 2002 1:30-2:30 p.m. Coastal Area Health Education Center
(Friday) New Hanover Regional Medical Center
Auditorium -- First Floor
2131 S. 17th Street
Wilmington, NC
Greenville July 22, 2002 1:30-2:30 p.m. Eastern AHEC Conference Center
(Monday) (Edwin W. Monroe Center)
Pamlico Room
2000 Venture Tower Drive
Greenville, NC
Charlotte July 24, 2002 1:30-2:30 p.m. Carolinas Medical Center
(Wednesday) Classroom 158, Rankin Education Center
(just down from the auditorium)
1200 Blythe Boulevard
Charlotte, NC
Greensboro July 25, 2002 1:30-2:30 p.m. Greensboro AHEC
(Thursday) Room 0031
Moses Cone Hospital Campus
1200 North Elm Street
Greensboro, NC
Asheville July 26, 2002 1:30-2:30 p.m. Mountain Area Health Education Center
(Friday) (Between Mission St. Joseph’s and entrance
for Memorial Mission Emergency Room)
501 Biltmore Avenue
Second Floor, Classroom #4
Asheville, NC
Raleigh July 29, 2002 1:30-2:30 p.m. Wake County Office Park
(Monday) Commons Building; Room 100-A
4011 Carya Drive
Raleigh, NC
All persons commenting on the Draft Plan at the public hearings are asked to supply WRITTEN COPIES of their remarks.
Persons with disabilities who need assistance to participate in the public hearing are requested to notify the Medical Facilities
Planning Section in advance so that reasonable accommodations can be arranged.
The State Medical Facilities Plan projects need for acute care hospital beds, rehabilitation facilities and beds, ambulatory surgery
facilities and operating rooms, technology services and equipment, nursing care beds, home health agencies, kidney dialysis stations,
hospice home care programs and inpatient beds, psychiatric hospitals, substance abuse treatment facilities, adult care home beds, and
intermediate care facilities for the mentally retarded. NOTE: After the need determinations and policies are adopted by the
SHCC and approved by the Governor, they will be incorporated in Administrative Procedure Act Rules for the 2003 State
Medical Facilities Plan.
Persons wishing to review or purchase the Draft 2003 State Medical Facilities Plan or who want information about the Plan or the
series of public hearings may call 919-855-3865, or write to: Medical Facilities Planning Section, Division of Facility Services, 2714
Mail Service Center, Raleigh, NC 27699-2714. Inquiries may be made to this same address about comments or petitions received
regarding the Draft Plan. Copies of the Draft Plan will also be made available to all Area Health Education Centers and to all Lead
IN ADDITION
16:24 NORTH CAROLINA REGISTER June 17, 2002
2713
Regional Organizations (Councils of Government) in the State. ALL WRITTEN COMMENTS AND PETITIONS ON THE
DRAFT 2003 STATE MEDICAL FACILITIES PLAN MUST BE RECEIVED IN THE MEDICAL FACILITIES PLANNING
SECTION OFFICE BY 5:00 P.M. ON FRIDAY, AUGUST 2, 2002.
IN ADDITION
16:24 NORTH CAROLINA REGISTER June 17, 2002
2714
Notice to Subscribers
Due to the State's budget shortfall and the increasing cost of printing, the Cumulative Index of published rules will no longer be
printed in the NC Register. This change will be effective July 1, 2002. The Office of Administrative Hearings will continue to
maintain the index and make available on the OAH website: www.ncoah.com.
RULE-MAKING PROCEEDINGS
16:24 NORTH CAROLINA REGISTER June 17, 2002
2715
A Notice of Rule-making Proceedings is a statement of subject matter of the agency's proposed rule making. The agency must
publish a notice of the subject matter for public comment at least 60 days prior to publishing the proposed text of a rule.
Publication of a temporary rule serves as a Notice of Rule-making Proceedings and can be found in the Register under the
section heading of Temporary Rules. A Rule-making Agenda published by an agency serves as Rule-making Proceedings and can
be found in the Register under the section heading of Rule-making Agendas. Statutory reference: G.S. 150B-21.2.
TITLE 10 – DEPARTMENT OF HEALTH AND HUMAN
SERVICES
CHAPTER 03 – FACILITY SERVICES
Notice of Rule-making Proceedings is hereby given by the NC
Medical Care Commission in accordance with G.S. 150B-21.2.
The agency shall subsequently publish in the Register the text of
the rule(s) it proposes to adopt as a result of this notice of rule-making
proceedings and any comments received on this notice.
Citation to Existing Rule Affected by this Rule-making: 10
NCAC 03Q - Other rules may be proposed in the course of the
rule-making process.
Authority for the Rule-making: G.S. 131E-149
Statement of the Subject Matter: This Subchapter deals with
the licensure of ambulatory surgical facilities.
Reason for Proposed Action: The NC Medical Care
Commission proposes to adopt rules regarding the licensure of
ambulatory surgical facilities. Changes are needed to conform
with current building code requirements and practices.
Comment Procedures: Written comments concerning this rule-making
action must be submitted to Mark Benton, Chief of
Budget Planning/Rule-making Coordinator, NC Division of
Facility Services, 2701 Mail Service Center, Raleigh, NC 27699-
2701.
TITLE 15A – DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
CHAPTER 03 – MARINE FISHERIES
Notice of Rule-making Proceedings is hereby given by the NC
Marine Fisheries Commission in accordance with G.S. 150B-
21.2. The agency shall subsequently publish in the Register the
text of the rule(s) it proposes to adopt as a result of this notice of
rule-making proceedings and any comments received on this
notice.
Citation to Existing Rule Affected by this Rule-making: 15A
NCAC 03 - Other rules may be proposed in the course of the
rule-making process.
Authority for the Rule-making: G.S. 113-134; 113-182; 113-
221; 143B-289.52
Statement of the Subject Matter: Sargassum and fishing gear
restrictions for specific areas.
Reason for Proposed Action: Restrict the taking of sargassum
if so required by federal fishery management plan. Revise the
specific areas for fishing gear restrictions in response to Petition
for Rulemaking for Carolina Marlin Club Marina. Also revise
specific areas for fishing gear restrictions to incorporate Goose
Creek State Park and delete areas where restrictions are no
longer valid or needed.
Comment Procedures: Written comments are encouraged and
may be submitted to MFC, Juanita Gaskill, PO Box 769,
Morehead City, NC 28557.
* * * * * * * * * * * * * * * * * * * *
CHAPTER 10 - WILDLIFE RESOURCES AND WATER
SAFETY
Notice of Rule-making Proceedings is hereby given by NC
Wildlife Resources Commission in accordance with G.S. 150B-
21.2. The agency shall subsequently publish in the Register the
text of the rule(s) it proposes to adopt as a result of this notice of
rule-making proceedings and any comments received on this
notice.
Citation to Existing Rule Affected by this Rule-making: 15A
NCAC 10A,B,F,H,I. Other rules may be proposed in the course
of the rule-making process.
Authority for the Rule-making: G.S. 75A-15; 113-132; 113-
134; 113-264; 113-267; 113-270; 113-270.1; 113-270.1A; 113-
273; 113-291.2; 113-291.4
Statement of the Subject Matter: General Regulations,
Hunting, Water Safety, Conservation, Endangered, Threatened
and Special Concern Species.
Reason for Proposed Action: To set/amend regulations
necessary to manage and conserve wildlife resources and
maintain public safety.
Comment Procedures: The record will be open for receipt of
written comments. Such comments must be delivered or mailed
to the NC Wildlife Resources Commission, 1701 Mail Service
Center, Raleigh, NC 27699-1701.
* * * * * * * * * * * * * * * * * * * *
CHAPTER 18 – ENVIRONMENTAL HEALTH
Notice of Rule-making Proceedings is hereby given by the
Commission for Health Services in accordance with G.S. 150B-
21.2. The agency shall subsequently publish in the Register the
text of the rule(s) it proposes to adopt as a result of this notice of
RULE-MAKING PROCEEDINGS
16:24 NORTH CAROLINA REGISTER June 17, 2002
2716
rule-making proceedings and any comments received on this
notice.
Citation to Existing Rule Affected by this Rule-making: 15A
NCAC 18A .2500 - Other rules may be proposed in the course of
the rule-making process.
Authority for the Rule-making: G.S. 130A-280 through 130A-
282
Statement of the Subject Matter: To identify and update
sanitation requirements for public swimming pools as needed.
Reason for Proposed Action: To identify and update sanitation
requirements as needed.
Comment Procedures: Written comments may be mailed to
Jim Hayes, NCDENR/EHSS, 1632 Mail Service Center, Raleigh,
NC 27699-1632.
TITLE 19A – DEPARTMENT ON TRANSPORTATION
CHAPTER 03 – DIVISION OF MOTOR VEHICLES
Notice of Rule-making Proceedings is hereby given by NC
Department of Transportation – Division of Motor Vehicles in
accordance with G.S. 150B-21.2. The agency shall subsequently
publish in the Register the text of the rule(s) it proposes to adopt
as a result of this notice of rule-making proceedings and any
comments received on this notice.
Citation to Existing Rule Affected by this Rule-making: 19A
NCAC 03G .0205. Other rules may be proposed in the course of
the rule-making process.
Authority for the Rule-making: G.S. 20-39(b); 20-218
Statement of the Subject Matter: Rule sets out conditions for
certification of school bus drivers
Reason for Proposed Action: Temporary amendments to this
rule were filed effective June 1, 2001 which added a physical
exam requirement for certification as a school bus driver. The
permanent rule was to be effective August 1, 2002. However,
the current budget constraints on state agencies will not allow
the Department of Public Instruction to fund the physical exams.
The Division of Motor Vehicles is deleting the school bus driver
physical exam requirement due to budgetary constraints.
Comment Procedures: Any interested person may submit
comments in writing by sending the comments to Emily Lee, APA
Coordinator, NC DOT, 1501 Mail Service Center, Raleigh, NC
27699-1501.
TITLE 21 – OCCUPATIONAL LICENSING BOARDS
CHAPTER 08 - BOARD OF CERTIFIED PUBLIC
ACCOUNTANT EXAMINERS
Notice of Rule-making Proceedings is hereby given by the NC
State Board of CPA Examiners in accordance with G.S. 150B-
21.2. The agency shall subsequently publish in the Register the
text of the rule(s) it proposes to adopt as a result of this notice of
rule-making proceedings and any comments received on this
notice.
Citation to Existing Rule Affected by this Rule-making: 21
NCAC 08 - Other rules may be proposed in the course of the
rule-making process.
Authority for the Rule-making: G.S. 93-12
Statement of the Subject Matter: Definitions, requirements
for examination and certificates, continuing professional
education, reciprocity, revocations, renewals and registrations,
professional corporations and professional limited liability
companies, state quality review programs, professional ethics
and conduct.
Reason for Proposed Action: The purpose of these Rule
changes are to clarify, simplify and amend this Chapter to
reflect the Uniform Accountancy Act.
Comment Procedures: Written comments should be sent to
Felecia Ashe, APA Coordinator, NC State Board of CPA
Examiners, PO Box 12827, Raleigh, NC 27605-2827.
PROPOSED RULES
16:24 NORTH CAROLINA REGISTER June 17, 2002
2717
This Section contains the text of proposed rules. At least 60 days prior to the publication of text, the agency published a Notice of
Rule-making Proceedings. The agency must accept comments on the proposed rule for at least 30 days from the publication date,
or until the public hearing, or a later date if specified in the notice by the agency. The required comment period is 60 days for a
rule that has a substantial economic impact of at least five million dollars ($5,000,000). Statutory reference: G.S. 150B-21.2.
TITLE 10 – DEPARTMENT OF HEALTH AND HUMAN
SERVICES
Notice is hereby given in accordance with G.S. 150B-21.2 that
the DHHS – Division of Medical Assistance intends to amend
the rule cited as 10 NCAC 50B .0102. Notice of Rule-making
Proceedings was published in the Register on January 15, 2002.
Proposed Effective Date: April 1, 2003
Public Hearing:
Date: July 3, 2002
Time: 11:30 a.m.-1:00 p.m.
Location: Room 132, Kirby Building, 1985 Umstead Dr.,
Raleigh, NC
Reason for Proposed Action: This change is based on recent
General Assembly legislation to enact a new optional federal
coverage group for women who have been screened for breast
or cervical cancer under the Centers for Disease Control and
Prevention, breast and cervical cancer early detection program
and need treatment for breast or cervical cancer, including
precancerous conditions. The women are not otherwise covered
under creditable coverage including Medicaid and are under the
age of 65.
Comment Procedures: Written comments concerning this
Rule-making action must be submitted by August 17, 2002 to
Portia W. Rochelle, Rule-making Coordinator, Division of
Medical Assistance, 1985 Umstead Dr., 2504 Mail Service
Center, Raleigh, NC 27699-2504.
Fiscal Impact
State
Local
Substantive (>$5,000,000)
None
CHAPTER 50 – MEDICAL ASSISTANCE
SUBCHAPTER 50B - ELIGIBILITY DETERMINATION
SECTION .0100 - COVERAGE GROUPS
10 NCAC 50B .0102 OPTIONAL
The following optional groups of individuals described by 42
U.S.C. 1396a(a)(10)(A)(ii) and 42 U.S.C. 1396a(a)(10)(C) shall
be eligible for Medicaid:
(1) Children:
(a) Children under age one whose family
income is more than the amount
established under Item (14), (16),
Rule .0101 of this Section and not
more than a percent of the federal
poverty level established by the
General Assembly;
(b) Children under age 21 who meet the
eligibility requirements of this
Subchapter;
(c) Qualified children under age 19 as
described in Item (4), (6), Rule .0101
of this Section, who were born on or
before September 30, 1983, and
whose income is not more than 100%
of the federal poverty level;
(d) Adopted children under age 18 with
special needs, as described at 42
U.S.C. 1396a(a)(10)(A)(ii)(VIII).
(2) Individuals receiving optional state
supplemental payment.
(3) Caretaker relatives of eligible dependent
children.
(4) Pregnant women:
(a) Whose countable income is more
than the amount established under
Item (13), (15), Rule .0101 of this
Section and not more than a percent
of the federal poverty level
established by the General Assembly,
or
(b) Who, if their countable income
exceeds the percent of the federal
poverty level, established in Sub-item
(4)(a) of this Rule, meet the eligibility
criteria for medically needy set forth
in this Subchapter.
(5) Aged, blind and disabled individuals whose
income is at or below 100% of the Federal
Poverty Level, adjusted each April 1, and who
meet the resource requirements of SSI, but
who do not receive cash assistance.
(6) Women, as described at 42 U.S.C.
1396a(a)(10)(A)(ii)(XVIII) who:
(a) have been screened for breast or
cervical cancer under the Centers for
Disease Control and Prevention
breast and cervical cancer early
detection program established under
Title XV of the Public Health Service
Act in accordance with the
requirements of section 1504 of that
Act and need treatment for breast or
cervical cancer, including a
precancerous condition of the breast
or cervix;
(b) are not otherwise covered under
creditable coverage, as defined in
PROPOSED RULES
16:24 NORTH CAROLINA REGISTER June 17, 2002
2718
section 2701(c) of the Public Health
Service Act;
(c) are not otherwise eligible for
Medicaid; and
(d) have not attained age 65.
Authority G.S. 108A-54; 42 C.F.R. 435.210; 42 C.F.R. 435.222;
42 C.F.R. 435.230; 42 C.F.R. 435.301; 42 C.F.R. 435.308; 42
C.F.R. 435.322; 42 C.F.R. 435.330; 42 U.S.C.
1396(a)(10)(A)(ii); 42 U.S.C. 1396a(a)(10)(C); S.L. 1983, c.
1034, s. 62.2; S.L. 1987, c. 738, s. 69 and 70; S.L. 1989, c. 752,
s. 133.
TITLE 15A – DEPARTMENT ON ENVIRONMENT AND
NATURAL RESOURCES
Notice is hereby given in accordance with G.S. 150B-21.2 that
the DENR/DWQ intends to amend the rule cited as 15A NCAC
02R .0402. Notice of Rule-making Proceedings was published in
the Register on November 15, 2001.
Proposed Effective Date: April 1, 2003
Public Hearing:
Date: July 15, 2002
Time: 7:00 p.m.
Location: Hal Marshall County Services Center, 700 N. Tryon
Street, Cooperative Extension office (the room is in the
Extension Kitchen), Charlotte, NC, 28202
Date: July 18, 2002
Time: 7:00 p.m.
Location: Ground Floor Hearing Room, Archdale Bldg., 512
N. Salisbury St., Raleigh, NC
Reason for Proposed Action: An evaluation of the cost of
stream restoration projects implemented by the NC Wetlands
Restoration Program indicates that the current Schedule of Fees
for this activity are inadequate to cover the actual cost of project
implementation. In addition, the Environmental Management
Commission is interested in incorporating an adjustment for
inflation into the Schedule of Fees to minimize the need for rule
revision. There is also a need for the NC Wetlands Restoration
Program to recoup costs associated with the maintenance and
monitoring of easements and land held by the program in
absence of a restoration project.
Comment Procedures: The Environmental Management
Commission encourages written comments. Written as well as
oral comments may be submitted at the public hearing and
written comments may be submitted to Suzanne Klimek, NC
Division of Water Quality – Wetlands Restoration Program,
1619 Mail Service Center, Raleigh, NC 27699-1619. Comments
post-marked on or before August 16, 2002 will be made a part of
the public record. The Environmental Management Commission
is especially interested in comments concerning the fee for
stream restoration. The Commission will consider setting the
fee higher or lower than the proposed rate of $200 per linear
foot of stream included in the proposed revised text. Comments
regarding methods for adjusting fees for wetland and stream
restoration to account for inflation and costs associated with the
monitoring and maintenance of easements and property over
time are also encouraged. Data to support comments submitted
is strongly encouraged.
Fiscal Impact
State
Local
Substantive (>$5,000,000)
None
CHAPTER 02 - ENVIRONMENTAL MANAGEMENT
SUBCHAPTER 02R - WETLANDS RESTORATION
PROGRAM
SECTION .0400 - WETLANDS RESTORATION FUND
15A NCAC 02R .0402 SCHEDULE OF FEES
(a) The amount of payment into the Fund necessary to achieve
compliance with compensatory mitigation requirements shall be
determined in accordance with Subparagraphs (1) through (3) of
this Paragraph. The fee will be based on the acres and types of
compensatory mitigation specified in the approved certifications
issued by the Department under 33 USC ' 1341; and permits or
authorizations issued by the United States Army Corps of
Engineers under 33 USC ' 1344. Payments shall be rounded up
in increments of linear feet for streams and in 0.25 acre
increments for wetlands, e.g. for streams, 520.3 linear feet of
compensatory mitigation would be considered as 521 feet, and
for wetlands, 2.35 acres of required compensatory mitigation
would be considered as 2.5 acres for the purpose of calculating
the amount of payment.
(1) Classified surface waters other than wetlands
as defined in 15A NCAC 02B .0202. The
payment shall be one hundred twenty-five
dollars ($125.00)two hundred dollars
($200.00) per linear foot of stream.
(2) Class WL wetlands as defined in 15A NCAC
02B .0101(c)(8). The payment shall be:
(A) Twelve thousand dollars ($12,000.00)
per acre for non-riparian wetlands.
(B) Twenty four thousand dollars
($24,000.00) per acre for riparian
wetlands.
(3) Class SWL wetlands as defined in 15A NCAC
02B .0101(d)(4). The payment shall be one
hundred twenty thousand dollars
($120,000.00) per acre.
(b) The fees outlined in Subparagraphs (a)(1) through (a)(3) of
this Rule shall be reviewed annually and compared to the actual
cost of restoration activities conducted by the Department,
including planning, monitoring and maintenance costs. Based
upon this annual review, revisions to Paragraph (a) of this Rule
will be recommended when adjustments to this Schedule of Fees
are deemed necessary.
(c) The fees outlined in Subparagraphs (a)(1) through (a)(3) of
this Rule shall be adjusted for inflation on an annual basis using
the Cost Construction Index of the Engineering News-Record.
This adjustment will occur at the end of each calendar year as
follows: the fees in Subparagraphs (a)(1) through (a)(3) of this
PROPOSED RULES
16:24 NORTH CAROLINA REGISTER June 17, 2002
2719
Rule will be multiplied by the annual average (composite of
monthly averages from January through December) of the
Construction Cost Index and the result will be the increase to
that fee for the next fiscal year. The revised fees will be made
available via the NC Wetland Restoration Program's web site
(h2o.enr.state.nc.us/wrp/index.htm) and become effective on the
following July 1st. The first adjustment will be made at the close
of calendar year 2003 and the first presentation of fees adjusted
for inflation in the North Carolina Register will be made in
March, 2004. This process will continue annually thereafter.
(d) For properties and easements donated to the NC Wetlands
Restoration Program, a fee of three hundred fifty dollars
($350.00) per acre will be charged at the time the land or
easement is transferred to the program to cover costs of long-term
management of the property.
Authority G.S. 143-214.11; 143-214.12; 143-215.3.
* * * * * * * * * * * * * * * * * * * *
Notice is hereby given in accordance with G.S. 150B-21.2 that
the Coastal Resources Commission intends to amend the rule
cited as 15A NCAC 07B .0702. Notice of Rule-making
Proceedings was published in the Register on March 1, 2002.
Proposed Effective Date: April 1, 2003
Public Hearing:
Date: July 9, 2002
Time: 7:00 p.m.
Location: Carteret County Courthouse, Courthouse Square,
Beaufort, NC
Date: July 24, 2002
Time: 4:30 p.m.
Location: Archdale Building, Ground Floor Hearing Room,
512 N. Salisbury St., Raleigh, NC
Reason for Proposed Action: Substitute a definition for
"probable 404 Wetlands" instead of relying on this term from
federal law to convey meaning for local government mapping
requirements.
Comment Procedures: Written comments may be mailed to
Kathy Vinson, Planning and Public Access Manager, Division of
Coastal Management, 151-B, HWY 24, Hestron Plaza II,
Morehead City, NC 28557. 252-808-2808. Comments will be
accepted on this Rule through July 24, 2002.
Fiscal Impact
State
Local
Substantive (>$5,000,000)
None
CHAPTER 07 - COASTAL MANAGEMENT
SUBCHAPTER 07B - CAMA LAND USE PLANNING
15A NCAC 07B .0702 ELEMENTS OF CAMA CORE
AND ADVANCED CORE LAND USE PLANS
(a) Organization of the Plan. The elements in this Rule provide
general direction for development of the CAMA Core and
Advanced Core Land Use Plans. A detailed Table of Contents
shall be included and if the organization does not follow the
outline described in this Rule, a matrix shall be included that
shows the exact location of the following required elements.
(b) Community Concerns and Aspirations:
(1) Significant existing and emerging conditions:
The plan shall include a description of the
dominant growth-related conditions that
influence land use, development, water
quality, and other environmental concerns in
the planning area.
(2) Key issues: The plan shall include a
description of the land use and development
topics most important to the future of the
planning area. At a minimum, this description
shall include public access, land use
compatibility, infrastructure carrying capacity,
natural hazard areas, water quality, and local
areas of concern as described in Subparagraph
(d)(3) (Land Use Plan Management Topics) of
this Rule.
(3) A community vision: This shall consist of a
description of the general physical appearance
and form that represents the local
government's plan for the future. The
community vision shall include statements of
general objectives to be achieved by the plan.
These objectives shall serve as the foundation
for more specific objectives and policies stated
elsewhere in the CAMA Land Use Plan. The
objectives shall include changes that the local
government feels are needed to achieve the
planning vision.
(c) Analysis of Existing and Emerging Conditions within the
planning jurisdiction. The purpose of this element is to provide
a sound factual and analytical base that is necessary to support
the land use and development policies included in the plan. The
analysis shall be based upon the best available data or mapping
information from state, federal and local sources. This element
shall describe the following:
(1) Population, Housing, and Economy. The plan
shall include an analysis and discussion of the
following data and trends:
(A) Population:
(i) Permanent population
growth trends using data
from the two most recent
decennial Censuses;
(ii) Current permanent and
seasonal population
estimates;
(iii) Key population
characteristics;
(iv) Age; and
(v) Income.
(B) Housing stock:
(i) Estimate of current housing
stock, including permanent
and seasonal units, tenure,
PROPOSED RULES
16:24 NORTH CAROLINA REGISTER June 17, 2002
2720
and types of units (single-family,
multifamily, and
manufactured); and
(ii) Building permits issued for
single-family, multifamily,
and manufactured homes
since last plan update.
(C) Local economy: Employment by
major sectors and description of
community economic activity.
(D) Projections. Short-term (five and ten
year) and long-term (20-year)
projections of permanent and
seasonal population.
(2) Natural systems analysis. The purpose of the
natural systems analysis is to describe and
analyze the natural features and environmental
conditions of the planning jurisdiction, and to
assess their capabilities and limitations for
development. This analysis shall include:
(A) Mapping and analysis of natural
features. The 14-digit hydrological
units delineated by the Natural
Resources Conservation Service shall
be used as the basic unit of analysis
of natural features. Maps of the
following natural features shall be
developed with data provided by
DCM or other state agencies for
analysis and plan development.
These maps may be reproduced and
included in the CAMA Land Use
Plan at the option of the local
government. If the maps are not
included in the plan, they shall be
made available to the public.
(i) Areas of Environmental
Concern (AECs);
(ii) Soil characteristics,
including limitations for
septic tanks, erodibility, and
other factors related to
development;
(iii) Environmental Management
Commission (EMC) water
quality classifications (SC,
SB, SA, HQW, and ORW)
and related use support
designations, and Division
of Environmental Health
(DEH) shellfish growing
areas and water quality
conditions;
(iv) Flood and other natural
hazard areas;
(v) Storm surge areas;
(vi) Non-coastal wetlands-probable
404 wetlands; Non-coastal
wetlands including
forested wetlands, shrub-scrub
wetlands and
freshwater marshes;
(vii) Water supply watersheds or
wellhead protection areas;
(viii) Primary nursery areas,
where mapped;
(ix) Environmentally fragile
areas, such as, but not
limited to wetlands, natural
heritage areas, areas
containing endangered
species, prime wildlife
habitats, or maritime forests;
and
(x) Additional natural features
or conditions identified by
the local government.
(B) Composite map of environmental
conditions:
(i) Composite map of
environmental conditions:
The plan shall include a map
that shows the extent and
overlap of natural features
listed in Part (c)(2)(A) of
this Rule and, based on the
local government’s
determination of the
capabilities and limitations
of these features and
conditions for development,
shows the location of the
following three categories of
land:
(I) Class I – land
containing only
minimal hazards
and limitations that
may be addressed
by commonly
accepted land
planning and
development
practices;
(II) Class II – land
containing
development
hazards and
limitations that may
be addressed by
methods such as
restrictions on types
of land uses; special
site planning; or the
provision of public
services; and
(III) Class III – land
containing serious
hazards for
development or
lands where the
PROPOSED RULES
16:24 NORTH CAROLINA REGISTER June 17, 2002
2721
impact of
development may
cause serious
damage to the
functions of natural
systems.
(ii) The CAMA Land Use Plan
shall describe or list the
features or conditions
selected by the local
government for inclusion in
each class.
(C) Environmental conditions. The plan
shall provide an assessment of the
following environmental conditions
and features and discuss their
limitations or opportunities for
development:
(i) Water quality:
(I) Status and changes
of surface water
quality, including
impaired streams
from the most
recent N.C.
Division of Water
Quality Basinwide
Water Quality
Plans, 303(d)List
and other
comparable data;
(II) Current situation
and trends on
permanent and
temporary closures
of shellfishing
waters as
determined by the
Report of Sanitary
Survey by the
Shellfish Sanitation
Section of the N.C.
Division of
Environmental
Health;
(III) Areas experiencing
chronic wastewater
treatment system
malfunctions; and
(IV) Areas with water
quality or public
health problems
related to non-point
source pollution.
(ii) Natural hazards:
(I) Areas subject to
storm hazards such
as recurrent
flooding, storm
surges and high
winds;
(II) Areas experiencing
significant
shoreline erosion as
evidenced by the
presence of
threatened
structures or public
facilities; and
(III) Where data is
available, estimates
of public and
private damage
resulting from
floods and wind
that has occurred
since the last plan
update.
(iii) Natural resources:
(I) Environmentally
fragile areas (as
defined in Part
(c)(2)(A)(ix) of this
Rule) or areas
where resource
functions may be
impacted as a result
of development;
and
(II) Areas containing
potentially valuable
natural resources.
These may include,
but are not limited
to the following:
beach quality sand
deposits, protected
open space, and
agricultural land,
that may be
impacted or lost as
a result of
incompatible
development.
(3) Analysis of Land Use and Development. The
purpose of the analysis of land use and
development is to describe and quantify
existing patterns of land uses, identify
potential land use and land use/water use
conflicts, determine future development
trends, and project future land needs. The plan
shall include the following mapping and
analysis of existing land use:
(A) A map of land including the
following: Residential, commercial,
industrial, institutional, public,
dedicated open space, agriculture,
forestry, confined animal feeding
operations, and undeveloped;
(B) The land use analysis shall include
the following:
PROPOSED RULES
16:24 NORTH CAROLINA REGISTER June 17, 2002
2722
(i) Table that shows
estimates of the
land area allocated
to each land use;
(ii) Description of any
land use conflicts;
(iii) Description of any
land use – water
quality conflicts;
(iv) Description of
development trends
using indicators.
These development
trends may include,
but are not limited
to the following:
building permits
and platted but un-built
lots; and
(v) Location of areas
expected to
experience
development during
the five years
following plan
certification by the
CRC and a
description of any
potential conflicts
with Class II or
Class III land
identified in the
natural systems
analysis.
(C) Historic, cultural, and scenic areas
designated by a state or federal
agency or by local government.
These areas and sites shall be located
on either the existing land use map or
a separate map; and
(D) Projections of future land needs. The
analysis shall include short term (five
and ten year) and long term (20-year)
projections of residential land area
needed to accommodate the planning
jurisdiction’s projected future
permanent and seasonal population
(population projections as defined in
Part (c)(1)(D) (of this Rule (Analysis
of Existing and Emerging
Conditions). The projections of land
needs may be increased up to 50% to
allow for unanticipated growth and to
provide market flexibility. For local
governments experiencing low or no
growth (as shown in Figure 1 in 15A
NCAC 7B .0701), the projections of
land needs may consider economic
strategies in the final calculations.
(4) Analysis of Community Facilities. The
purpose of the analysis of community facilities
is to evaluate existing and planned capacity,
location, and adequacy of key community
facilities that serve the community’s existing
and planned population and economic base;
that protect important environmental factors
such as water quality; and that guide land
development in the coastal area. This analysis
shall include:
(A) Public and private water supply and
wastewater systems. The analysis of
water and sewer systems shall include
a description and map(s) of existing
public and private systems, including
existing condition and capacity;
location of pipelines, documentation
of any overflows, bypasses, or other
problems that may degrade water
quality or constitute a threat to public
health; existing and planned service
areas; and future needs based on
population projections. If any
required information is not available
for private systems, the local
government shall so state in the plan
and this factor may be eliminated
from the analysis.
(B) Transportation systems. The analysis
of the transportation system shall
include a map showing: the existing
highway system; any segments
deemed by the North Carolina
Department of Transportation
(NCDOT) as having unacceptable
service levels; highway facilities on
the current thoroughfare plan; and
facilities on the current transportation
improvement program. The analysis
shall also assess the impact of
planned highway or other
transportation facilities on growth
levels and development patterns.
(C) Stormwater systems. The analysis of
public and permitted private
stormwater systems shall include
identification of existing drainage
problems in the planning area;
identification of water quality issues
related to point-source discharges of
stormwater runoff; and an overview
of potential stormwater system
requirements for local governments
subject to the EPA’s Storm Water
Phase II Final Rules.
(D) Other facilities. The local
government may include additional
facilities and services such as solid
waste and health and safety in the
analysis.
(5) Land Suitability Analysis. The purpose of the
land suitability analysis is to determine the
planning area's supply of land suited for
PROPOSED RULES
16:24 NORTH CAROLINA REGISTER June 17, 2002
2723
development based on the following
considerations: natural system constraints,
compatibility with existing land uses and
development patterns, the existing land use
and development criteria of local, state, and
federal agencies and the availability and
capacity of water, sewer, stormwater
management facilities, and transportation
systems. The analysis shall include a land
suitability map showing vacant or under-utilized
land that is suitable for development.
The following factors shall be considered to
assess land suitability:
(A) Water quality;
(B) Land Classes I, II, and III summary
environmental analysis;
(C) Proximity to existing developed areas
and compatibility with existing land
uses;
(D) Potential impact of development on
areas and sites designated by local
historic commissions or the North
Carolina Department of Cultural
Resources as historic, culturally
significant, or scenic;
(E) Land use and development
requirements of local development
regulations, CAMA Use Standards
and other applicable state regulations,
and applicable federal regulations;
and
(F) Availability of community facilities,
including water, sewer, stormwater
and transportation.
(6) Review of Current CAMA Land Use Plan.
The purpose of the review of the current
CAMA Land Use Plan is for the local
governing body to review its success in
implementing the policies and programs
adopted in the plan and the effectiveness of
those policies in achieving the goals of the
plan. The review shall include consideration
of the following factors:
(A) Consistency of existing land use and
development ordinances with current
CAMA Land Use Plan policies;
(B) Adoption of the land use plan's
implementation measures by the
governing body; and
(C) Efficacy of current policies in
creating desired land use patterns and
protecting natural systems.
(d) Plan for the Future. This element of the plan is intended to
guide the development and use of land in the planning
jurisdiction in a manner that achieves its goals for the
community and CAMA. Policies affecting AECs shall also be
used in making CAMA permit decisions. The plan for the future
includes the local government's goals, land use and development
policies, and future land use map.
(1) Land use and development goals. The
following shall be considered in the
development of the plan's goals:
(A) Community concerns and aspirations
identified at the beginning of the
planning process; and
(B) Needs and opportunities identified in
the analysis of existing and emerging
conditions.
(2) Policies:
(A) Policies included in the land use plan
shall be consistent with the goals of
the CAMA, shall address the CRC
management topics for land use
plans, and comply with all state and
federal rules. The CAMA Land Use
Plan shall demonstrate how the land
use and development goals, policies
and future land use map, as required
in Subparagraph (d)(4) of this Rule,
will guide the development and use of
land in the planning jurisdiction in a
manner that is consistent with the
specific management goal(s),
planning objective(s) and land use
plan requirements of each
Management Topic.
(B) The plan shall contain a description
of the type and extent of analysis
completed to determine the impact of
CAMA Land Use Plan policies on the
management topics; a description of
both positive and negative impacts of
the land use plan policies on the
management topics; and a description
of the policies, methods, programs
and processes to mitigate any
negative impacts on applicable
management topics.
(C) The plan shall contain a clear
statement that the governing body
either accepts state and federal law
regarding land uses and development
in AECs or, that the local
government's policies exceed the
requirements of state and federal
agencies. If local policies exceed the
State and Federal requirements, the
CAMA Land Use Plan shall identify
which policies exceed these
requirements and to what extent. If
the governing body intends to rely on
Federal and State laws and
regulations it shall reference these in
the plan.
(3) Land Use Plan Management Topics. The
purposes of the CRC management topics are to
insure that CAMA Land Use Plans support the
goals of CAMA, to define the CRC's
expectations for the land use planning process,
and to give the CRC a substantive basis for
PROPOSED RULES
16:24 NORTH CAROLINA REGISTER June 17, 2002
2724
review and certification of CAMA Land Use
Plans. Each of the following management
topics (Public Access, Land Use
Compatibility, Infrastructure Carrying
Capacity, Natural Hazard Areas, Water
Quality, and Local Areas of Concern) include
three components: a management goal, a
statement of the CRC's planning objective, and
requirements for the CAMA Land Use Plans.
(A) Public Access:
(i) Management Goal:
Maximize public access to
the beaches and the public
trust waters of the coastal
region.
(ii) Planning Objective:
Develop comprehensive
policies that provide beach
and public trust water access
opportunities for the public
along the shoreline within
the planning jurisdiction.
Policies shall address access
needs and opportunities,
include strategies to develop
public access, and identify
feasible funding options.
(iii) Land Use Plan
Requirements: Land use
plan policies on ocean and
public waterfront access
shall establish local criteria
for frequency and type of
access facilities. These
policies shall contain
provisions for public access
for all segments of the
community, including
persons with disabilities, and
shall establish access criteria
for beach areas targeted for
nourishment.
(B) Land Use Compatibility:
(i) Management Goal: Ensure
that development and use of
resources or preservation of
land minimizes direct and
secondary environmental
impacts, avoids risks to
public health, safety and
welfare and is consistent
with the capability of the
land based on considerations
of interactions of natural and
manmade features.
(ii) Planning Objective:
(I) Adopt and apply
local development
policies, that
balance protection
of natural resources
and fragile areas
with economic
development.
(II) Policies to provide
clear direction to
assist local decision
making and
consistency
findings for zoning,
divisions of land,
and public and
private projects.
(iii) Land Use Plan
Requirements:
(I) Establish building
intensity and
density criteria,
such as floor area
ratio and units per
acre, consistent
with the land
suitability analysis
for each land use
designation on the
Future Land Use
Map.
(II) Establish local
mitigation criteria
and concepts. These
may include, but
are not limited to
the following:
cluster subdivision
design, enacting
local buffers,
impervious surface
limits, and effective
innovative
stormwater
management
alternatives.
(C) Infrastructure Carrying Capacity:
(i) Management Goal: Ensure
that public infrastructure
systems are appropriately
sized, located and managed
so the quality and
productivity of AECs and
other fragile areas are
protected or restored.
(ii) Planning Objective:
Establish level of service
policies and criteria for
infrastructure consistent with
Part (c)(3)(D) (Projections of
Future Land Needs) of this
Rule.
(iii) Land Use Plan
Requirements:
(I) Identify/establish
service area
PROPOSED RULES
16:24 NORTH CAROLINA REGISTER June 17, 2002
2725
boundaries for
existing and future
infrastructure.
(II) Correlate future
land use map
categories with
existing and
planned
infrastructure such
as wastewater,
water infrastructure
and transportation.
(D) Natural Hazard Areas:
(i) Management Goal:
Conserve and maintain
barrier dunes, beaches, flood
plains, and other coastal
features for their natural
storm protection functions
and their natural resources
giving recognition to public
health, safety, and welfare
issues.
(ii) Planning Objective:
Develop policies that
minimize threats to life,
property, and natural
resources resulting from
development located in or
adjacent to hazard areas,
such as those subject to
erosion, high winds, storm
surge, flooding, or sea level
rise.
(iii) Land Use Plan
Requirements:
(I) Develop location,
density, and
intensity criteria for
new, existing
development and
redevelopment
including public
facilities and
infrastructure so
that they can better
avoid or withstand
natural hazards.
(II) Correlate existing
and planned
development with
existing and
planned evacuation
infrastructure.
(E) Water Quality:
(i) Management Goal:
Maintain, protect and where
possible enhance water
quality in all coastal
wetlands, rivers, streams and
estuaries.
(ii) Planning Objective: Adopt
policies for coastal waters
within the planning
jurisdiction to help ensure
that water quality is
maintained if not impaired
and improved if impaired.
(iii) Land Use Plan
Requirements:
(I) Devise policies that
help prevent or
control nonpoint
source discharges
(sewage and storm
water) such as, but
not limited to the
following:
impervious surface
limits, vegetated
riparian buffers,
natural areas,
natural area buffers,
and wetland
protection.
(II) Establish policies
and land use
categories aimed at
protecting open
shellfishing waters
and restoring closed
or conditionally
closed shellfishing
waters.
(F) Local Areas of Concern:
(i) Management Goal:
Integrate local concerns with
the overall goals of CAMA
in the context of land use
planning.
(ii) Planning Objective: Identify
and address local concerns
and issues, such as cultural
and historic areas, scenic
areas, economic
development, downtown
revitalization or general
health and human services
needs.
(iii) Land Use Plan
Requirements: Evaluate
local concerns and issues for
the development of goals,
policies and implementation
strategies. These may
include timelines and
identification of funding
options.
(4) Future land use map. This map depicts
application of the policies for growth and
development, and the desired future patterns of
land use and land development with
PROPOSED RULES
16:24 NORTH CAROLINA REGISTER June 17, 2002
2726
consideration given to natural system
constraints and infrastructure policies. The
local government shall include such categories
and descriptions of land uses and development
as are required to accurately illustrate the
application of its policies. At a minimum, the
map shall show the following:
(A) 14-digit hydrological units
encompassed by the planning area;
(B) areas and locations planned for
conservation or open space and a
description of compatible land uses
and activities;
(C) areas and locations planned for future
growth and development with
descriptions of the following
characteristics:
(i) predominant and supporting
land uses that are
encouraged in each area;
(ii) overall density and
development intensity
planned for each area; and
(iii) infrastructure required to
support planned
development in each area.
(D) areas in existing developed areas for
infill, preservation, and
redevelopment;
(E) existing and planned infrastructure,
including major roads, water, and
sewer.
The local government may use additional or
more detailed categories if required to depict
its land use policies.
If the future land use map shows development patterns
or land uses that are not consistent with the natural
systems analysis, or the land suitability analysis, then
the plan shall include a description of the steps that the
local government shall take to mitigate the impacts. In
addition, the plan shall include an estimate of the cost
of any community facilities or services that shall be
extended or developed. The amount of land allocated
to various uses shall be calculated and compared to the
projection of land needs. The amount of land area thus
allocated to various uses may not exceed projected
needs as delineated in Part (c)(3)(D) of this Rule
(Projections of Future Land Needs).
(e) Tools for Managing Development. This element of the plan
provides a description of the management tools that the local
government selects and the actions to be taken to implement the
CAMA Land Use Plan. It also includes a five-year schedule for
implementation. This element shall at a minimum include:
(1) Guide for land use decision-making. Describe
the specific role and the status of the land use
plan policies and future land use plan map in
local decisions regarding land use and
development.
(2) Existing development program. Describe the
community’s existing development
management program, including local
ordinances, codes, and policies, state and
federal laws and regulations, and the role that
the existing management program plays in
implementing the plan. This description shall
also include the community's approach to
coordinating these codes and rules to
implement the land use and development
policies.
(3) Additional tools. Describe any of the
following additional tools selected by the local
government to implement the CAMA land use
plan policies.
(A) Ordinances:
(i) Amendments or adjustments
in existing development
codes required for
consistency with the plan;
(ii) New ordinances or codes to
be developed;
(B) Capital improvements program.
New, upgraded or expanded
community facilities, such as but not
limited to the following: water,
sewer, stormwater, transportation,
and other facilities, and policies
regarding connections to and
extensions of community facilities;
(C) Acquisition program. Planned
acquisition of property, easements, or
rights-of-way; and
(D) Specific projects to reach goals.
(4) Action plan/schedule. Describe the priority
actions that will be taken by the local
government to implement the CAMA Land
Use Plan and specify the fiscal year(s) in
which each action is anticipated to start and
finish. The document shall contain a
description of the specific steps that the local
government plans to take to involve the public
in monitoring implementation of the CAMA
Land Use Plan, including the adoption of local
ordinances that affect AECs. The action plan
shall be used to prepare the implementation
status report for the CAMA Land Use Plan.
Authority G.S. 113A-102, 113A-107(a); 113A-110, 113A-111;
113A-124.
* * * * * * * * * * * * * * * * * * * *
Notice is hereby given in accordance with G.S. 150B-21.2 that
the Coastal Resources Commission intends to amend the rules
cited as 15A NCAC 07H .1101, .1201, .1205, 1301, .1401, .2001,
.2101, .2201, .2401. Notice of Rule-making Proceedings was
published in the Register on January 15, 2002 and March 15,
2002.
Proposed Effective Date: April 1, 2003
Public Hearing:
Date: July 9, 2002
PROPOSED RULES
16:24 NORTH CAROLINA REGISTER June 17, 2002
2727
Time: 7:00 p.m.
Location: Carteret County Courthouse, Courthouse Square,
Beaufort, NC
Date: July 24, 2002
Time: 4:30 p.m.
Location: Ground Floor Hearing Room, Archdale Building,
512 N. Salisbury St., Raleigh, NC
Reason for Proposed Action:
15A NCAC 07H .1101, .1201, .1301, .1401, .2001, .2101, .2201,
2401 – The proposed changes would allow more projects to
become eligible for CAMA General Permits if they are located
on the sound side of a barrier island and within the Ocean
Hazards Area of Environmental Concern. At present, many of
the CAMA and Dredge and Fill General Permits prohibit
development in the Ocean Hazard AEC. However, the situation
has changed in recent years due to the significant inland
expanse of high hazard flood areas. Because of the changes in
these areas, the CRC feels that there is a need to expand the
availability for General Permits.
15A NCAC 07H .1205 – Staff has reviewed the specific
conditions of the CRC's General Permit for Construction of
Piers, Docks and Boat Houses. Staff believes that these
proposed changes will allow piers that existed on or before July
1, 2001 to be structurally modified outside of their footprint in a
manner that will minimize impacts to adjacent coastal wetlands,
estuarine waters and/or public trust areas.
Comment Procedures: Comments may be submitted to Charles
S. Jones, Assistant Director, Division of Coastal Management,
151-B, Hwy 24, Hestron Plaza II, Morehead City, NC 28557,
252-808-2808. Comments will be accepted on these Rules
through July 24, 2002.
Fiscal Impact
State
Local
Substantive (>$5,000,000)
None
CHAPTER 07 – COASTAL MANAGEMENT
SUBCHAPTER 07H - STATE GUIDELINES FOR AREAS
OF ENVIRONMENTAL CONCERN
SECTION .1100 - GENERAL PERMIT FOR
CONSTRUCTION OF BULKHEADS AND THE
PLACEMENT OF RIPRAP FOR SHORELINE
PROTECTION IN ESTUARINE AND PUBLIC TRUST
WATERS AND OCEAN HAZARD AREAS
15A NCAC 07H .1101 PURPOSE
This permit will allow the construction of bulkheads and the
placement of riprap for shoreline protection in the public trust
waters and estuarine waters AECs according to authority
provided in Subchapter 07J .1100 and according to the following
guidelines. This permit will not apply to shoreline protection
along the oceanfront or to waters and shorelines adjacent to the
Ocean Hazard AEC with the exception of those shorelines that
feature characteristics of the Estuarine Shoreline AEC. Such
features include the presence of wetland vegetation, lower wave
energy and lower erosion rates than the adjoining Ocean
Erodible Area.within the ocean hazard AEC.
Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b);
113A-118.1; 113A-124.
SECTION .1200 - GENERAL PERMIT FOR
CONSTRUCTION OF PIERS: DOCKS: AND BOAT
HOUSES IN ESTUARINE AND PUBLIC TRUST
WATERS AND OCEAN HAZARD AREAS
15A NCAC 07H .1201 PURPOSE
This permit will allow the construction of new piers, docks, and
boat houses in the estuarine and public trust waters AECs and
construction of new piers and docks within coastal wetlands
AECs according to the authority provided in Subchapter 07J
.1100 and according to the following guidelines. This permit
will not apply to oceanfront shorelines or to waters and
shorelines adjacent to the Ocean Hazard AEC with the exception
of those shorelines that feature characteristics of the Estuarine
Shoreline AEC. Such features include the presence of wetland
vegetation, lower wave energy, and lower erosion rates than the
adjacent Ocean Erodible Area.the Ocean Hazard AEC.
Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b);
113A-118.1; 113A-124.
15A NCAC 07H .1205 SPECIFIC CONDITIONS
(a) Piers, docks, and boat houses may extend or be located up to
a maximum of 400 feet from the normal high water line, or the
normal water level, whichever is applicable.
(b) Piers, docks, and boat houses shall not extend beyond the
established pier length along the same shoreline for similar use.
This restriction shall not apply to piers 100 feet or less in length
unless necessary to avoid unreasonable interference with
navigation or other uses of the waters by the public. The length
of piers shall be measured from the waterward edge of any
wetlands that border the water body.
(c) Piers longer than 200 feet shall be permitted only if the
proposed length gives access to deeper water at a rate of at least
one foot at each 100 foot increment of pier length longer than
200 feet, or if the additional length is necessary to span some
obstruction to navigation. Measurements to determine pier
lengths shall be made from the waterward edge of any coastal
wetland vegetation which borders the water body.
(d) Piers and docks shall be no wider than six feet and shall be
elevated at least three feet above any coastal wetland substrate as
measured from the bottom of the decking.
(e) Any portion of a pier (either fixed or floating) extending
from the main structure and six feet or less in width shall be
considered either a "T" or a finger pier.
(f) Any portion of a pier (either fixed or floating) greater than
six feet wide shall be considered a platform or deck.
(g) "T"s, finger piers, platforms, and decks of piers on lots with
shorelines 100 feet or greater in length shall not exceed a
combined total area of 400 square feet. The combined total area
for lots less than 100 feet shall not exceed four square feet per
linear foot of shoreline.
(h) Platforms and decks shall have no more than six feet of any
dimension extending over coastal wetlands.
PROPOSED RULES
16:24 NORTH CAROLINA REGISTER June 17, 2002
2728
(i) The width requirements established in Paragraphs (d), (e),
(f), (g) and (h) of this Rule shall not apply to pier structures in
existence on or before July 1, 2001 when structural
modifications are needed to prevent or minimize storm damage.
In these cases, pilings and cross bracing may be used to provide
structural support as long as they do not extend more than two
feet on either side of the principal structure. These
modifications may not be used to expand the floor decking of
platforms and piers.
(i)(j) Boathouses shall not exceed 400 square feet and shall have
sides extending no further than one-half the height of the walls
and only covering the top half of the walls. Measurements of
square footage shall be taken of the greatest exterior dimensions.
Boathouses shall not be allowed on lots with less than 75 linear
feet of shoreline.
(j)(k) Areas enclosed by boat lifts shall not exceed 400 square
feet.
(k)(l) Piers, docks, decks, platforms and boat houses shall be
single story. They may be roofed but shall not be designed to
allow second story use.
(l)(m) Pier alignments along federally maintained channels must
also meet Corps of Engineers regulations for pier construction
pursuant to Section 10 of the Rivers and Harbors Act.
(m)(n) Piers, docks, and boat houses shall in no case extend
more than 1/4 the width of a natural water body, human-made
canal or basin. Measurements to determine widths of the water
body, human-made canals or basins shall be made from the
waterward edge of any coastal wetland vegetation which borders
the water body. The 1/4 length limitation shall not apply when
the proposed pier is located between longer piers within 200 feet
of the applicant's property. However, the proposed pier shall not
be longer than the pier head line established by the adjacent
piers, nor, longer than 1/3 the width of the water body.
(n)(o) Piers, docks and boat houses shall not interfere with the
access to any riparian property, and shall have a minimum
setback of 15 feet between any part of the pier and the adjacent
property lines extended into the water at the points that they
intersect the shoreline. The minimum setbacks provided in the
rule may be waived by the written agreement of the adjacent
riparian owner(s), or when two adjoining riparian owners are
co-applicants. Should the adjacent property be sold before
construction of the pier commences, the applicant shall obtain a
written agreement with the new owner waiving the minimum
setback and submit it to the Division of Coastal Management
prior to initiating any development of the pier, dock, or boat
house. The line of division of areas of riparian access shall be
established by drawing a line along the channel or deep water in
front of the property, then drawing a line perpendicular to the
line of the channel so that it intersects with the shore at the point
the upland property line meets the water's edge. Application of
this Rule may be aided by reference to the approved diagram in
Paragraph (q) of this Rule illustrating the rule as applied to
various shoreline configurations. Copies of the diagram may be
obtained from the Division of Coastal Management. When
shoreline configuration is such that a perpendicular alignment
cannot be achieved, the pier shall be aligned to meet the intent of
this Rule to the maximum extent practicable.
(o)(p) Piers, and mooring facilities shall be designed to provide
docking space for no more than two boats.
(p)(q) Applicants for authorization to construct a dock or pier
shall provide notice of the permit application to the owner of any
part of a shellfish franchise or lease over which the proposed
dock or pier would extend. The applicant shall allow the lease
holder the opportunity to mark a navigation route from the pier
to the edge of the lease.
(q)(r) The diagram shown below illustrates the various shoreline
configurations.
PROPOSED RULES
16:24 NORTH CAROLINA REGISTER June 17, 2002
2729
Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b);
113A-118.1; 113A-124.
SECTION .1300 - GENERAL PERMIT TO MAINTAIN:
REPAIR AND CONSTRUCT BOAT RAMPS ALONG
ESTUARINE AND PUBLIC TRUST SHORELINES AND
INTO ESTUARINE AND PUBLIC TRUST WATERS AND
OCEAN HAZARD AREAS
15A NCAC 07H .1301 PURPOSE
A permit under this Section shall allow for the construction of
boat ramps along estuarine and public trust shorelines and into
estuarine and public trust waters AECs according to the
authority provided in Subchapter 07J .1100 and according to the
Rules in this Section. This permit shall not apply This permit
will not apply to oceanfront shorelines or to waters and
shorelines adjacent to the Ocean Hazard AEC with the exception
of those shorelines that feature characteristics of the Estuarine
Shoreline AEC. Such features include the presence of wetland
vegetation, lower wave energy, and lower erosion rates than the
adjacent Ocean Erodible Area. to the Ocean Hazard AEC.
Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b);
113A-118.1; 113A-124.
SECTION .1400 - GENERAL PERMIT FOR
CONSTRUCTION OF WOODEN GROINS IN
ESTUARINE AND PUBLIC TRUST WATERS AND
OCEAN HAZARD AREAS
15A NCAC 07H .1401 PURPOSE
This permit will allow the construction of wooden groins in the
estuarine and public trust waters AECs according to the
authority provided in Subchapter 07J .1100 and according to the
following guidelines. This general permit shall not apply to
oceanfront shorelines or to waters and shorelines adjacent to the
Ocean Hazard AEC with the exception of those shorelines that
feature characteristics of the Estuarine Shoreline AEC. Such
features include the presence of wetland vegetation, lower wave
energy, and lower erosion rates than the adjacent Ocean Erodible
Area. the ocean hazard AEC.
Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b);
113A-118.1; 113A-124.
PROPOSED RULES
16:24 NORTH CAROLINA REGISTER June 17, 2002
2730
SECTION .2000 - GENERAL PERMIT FOR
AUTHORIZING MINOR MODIFICATIONS AND
REPAIR TO EXISTING PIER/MOORING FACILITIES IN
ESTUARINE AND PUBLIC TRUST WATERS AND
OCEAN HAZARD AREAS
15A NCAC 07H .2001 PURPOSE
This permit will allow for reconfiguration, minor modifications,
repair and improvements to existing pier and mooring facilities
in estuarine waters and public trust areas according to the
authority provided in Subchapter 07J .1100 of this Chapter and
according to the following guidelines. This permit shall not
apply This permit will not apply to oceanfront shorelines or to
waters and shorelines adjacent to the Ocean Hazard AEC with
the exception of those shorelines that feature characteristics of
the Estuarine Shoreline AEC. Such features include the
presence of wetland vegetation, lower wave energy, and lower
erosion rates than the adjacent Ocean Erodible Area.the Ocean
Hazard AEC.
Authority G.S. 113A-107; 113A-118.1.
SECTION .2100 - GENERAL PERMIT FOR
CONSTRUCTION OF MARSH ENHANCEMENT
BREAKWATERS FOR SHORELINE PROTECTION IN
ESTUARINE AND PUBLIC TRUST WATERS AND
OCEAN HAZARD AREAS
15A NCAC 07H .2101 PURPOSE
This general permit shall allow the construction of offshore
parallel breakwaters, made from wood, plastic lumber, or metal
sheet piling for shoreline protection in conjunction with existing
or created coastal wetlands. This permit shall only be applicable
where a shoreline is experiencing erosion in public trust areas
and estuarine waters according to authority provided in 15A
NCAC 07J .1100 and according to the procedures and conditions
outlined in this subchapter. This permit shall not apply to
oceanfront shorelines or to waters and shorelines adjacent to the
Ocean Hazard AEC with the exception of those shorelines
within the ocean hazard AEC, the inlet hazard AEC, or waters
adjacent to these. AEC's, with the exception of those portions of
shoreline within the Inlet Hazard Area AEC that feature
characteristics of Estuarine Shorelines. Such features include
the presence of wetland vegetation, lower wave energy, and
lower erosion rates than in adjoining Ocean Erodible Area.
Authority G.S. 113A-107; 113A-118.1.
SECTION .2200 - GENERAL PERMIT FOR
CONSTRUCTION OF FREESTANDING MOORINGS IN
ESTUARINE WATERS AND PUBLIC TRUST AREAS
AND OCEAN HAZARD AREAS
15A NCAC 07H .2201 PURPOSE
This permit shall allow the construction of freestanding
moorings in the estuarine waters and public trust areas AECs
according to the procedures provided in 15A NCAC 07J .1100
and according to the rules in this Section. This permit shall not
apply to waters adjacent to oceanfront shorelines or to waters
and shorelines adjacent to the Ocean Hazard AEC with the
exception of those shorelines that feature characteristics of the
Estuarine Shoreline AEC. Such features include the presence of
wetland vegetation, lower wave energy, and lower erosion rates
than the adjacent Ocean Erodible Area.the Ocean Hazard AEC.
Authority G.S. 113A-107; 113A-118.1.
SECTION .2400 - GENERAL PERMIT FOR PLACEMENT
OF RIPRAP FOR WETLAND PROTECTION IN
ESTUARINE AND PUBLIC TRUST WATERS AND
OCEAN HAZARD AREAS
15A NCAC 07H .2401 PURPOSE
The general permit for placement riprap for wetland protection
in estuarine and public trust waters shall allow the placement of
riprap immediately adjacent to and waterward of wetlands. This
permit shall only be applicable where a shoreline is experiencing
erosion in public trust areas and estuarine waters according to
authority provided in 15A NCAC 07J .1100 and according to the
rules in this Section. This permit shall not apply to oceanfront
shorelines or to waters and shorelines adjacent to the Ocean
Hazard AEC within the Ocean Hazard System of Areas of
Environmental Concern (AEC) or waters adjacent to these
AEC's with the exception of those portions of shoreline within
the Inlet Hazard Area AEC that feature characteristics of
Estuarine Shorelines. Such features include the presence of
wetland vegetation, lower wave energy, and lower erosion rates
than in the adjoining Ocean Erodible Area.
Authority G.S. 113A-107; 113A-118.1.
* * * * * * * * * * * * * * * * * * * *
Notice is hereby given in accordance with G.S. 150B-21.2 that
the DENR – Forest Resources intends to adopt the rules cited as
15A NCAC 09C .1201-.1227. Notice of Rule-making
Proceedings was published in the Register on February 1, 2002
and April 15, 2002.
Proposed Effective Date: April 1, 2003
Public Hearing:
Date: July 9, 2002
Time: 5:00 p.m. – 8:00 p.m.
Location: Transylvania County Courthouse, 28 E. Main St.,
Brevard, NC
Reason for Proposed Action: To initiate rules to provide for
public safety and appropriate use of the DuPont State Forest.
Comment Procedures: Written comments will be accepted
through July 31, 2002 and should be addressed to DuPont State
Forest Supervisor, NC Division of Forest Resources, 14 Gaston
Mountain Rd., Asheville, NC 28806-9101.
Fiscal Impact
State
Local
Substantive (>$5,000,000)
None
CHAPTER 09 – DIVISION OF FOREST RESOURCES
PROPOSED RULES
16:24 NORTH CAROLINA REGISTER June 17, 2002
2731
SUBCHAPTER 09C – DIVISION PROGRAMS
SECTION .1200 ��� DUPONT STATE FOREST
15A NCAC 09C .1201 PURPOSE
(a) This Section coordinates all uses of DuPont State Forest in
order to promise its best use for the most people.
(b) DuPont State Forest is located in southwest Henderson and
northeast Transylvania Counties in western North Carolina.
Authority G.S. 113-8; 113-34; 113-35.
15A NCAC 09C .1202 DEFINITIONS OF TERMS
Whenever used in this Subchapter:
(1) "Bridle Trail" means any trail maintained for
persons riding on horseback.
(2) "Public nudity" means a person's intentional
failure to cover with a fully opaque covering
the person's genitals, pubic area, anal area, or
female breasts below a point from the top of
the areola while in a public place.
(3) "Hiking Trail" means any trail maintained for
pedestrians.
(4) "Bathing Area" means any beach or water area
designated by the department as a bathing
area.
(5) "Permit" means any written license issued by
or under the authority of the department
permitting the performance of a specified act
or acts.
(6)_____"Group" means a number of individuals
related by a common factor, having structured
organization, defined leadership, and whose
activities are directed by a charter or written
bylaws.
Authority G.S. 113-35.
15A NCAC 09C .1203 PERMITS
(a) A permit authorizes an act only when that act strictly
conforms with the terms contained on the permit, or in
applicable rules, and with existing state laws.
(b) Any violation of the permit constitutes grounds for its
revocation by the department. In case of revocation the permit
holder shall forfeit to the department all money for the permit.
Furthermore, the department shall consider the permit holder,
together with his agents and employees who violated such terms,
jointly and severally liable to the department for all damages
suffered in excess of money so forfeited. However, neither the
forfeiture of such money, nor the recovery of such damages, nor
both, in any manner relieves such person from statutory
punishment for any violation of a provision of any state forest rule.
(c) A permit may be issued to a person or a group as defined in
Rule .1202 of this Section engaged in an activity whose purpose is
civic, educational, scientific, or non-profit; to government entities
engaged in training activities; or to persons or groups performing
volunteer maintenance activities on the forest that are authorized in
advance by the forest supervisor.
(d) Applications for permits shall be made at the State Forest
Office during business hours.
Authority G.S. 113-8; 113-34; 113-35.
15A NCAC 09C .1204 ROCK OR CLIFF CLIMBING
AND RAPPELLING
A person shall not engage in rock or cliff climbing or rappelling
in DuPont State Forest, except at designated areas and only after
obtaining a special use permit from a forest official. Application
for permits may be made as provided by Rule .1203 of this
Section.
Authority G.S. 113-35.
15A NCAC 09C .1205 BATHING OR SWIMMING
(a) A person shall not dive or jump from any falls or rocks or
overhangs into any body of water.
(b) A person shall not bathe or swim in any body of water in the
Forest, except at such times and in such places as the Division
may designate as swimming areas.
(c) Public Nudity
(1) Public nudity, including public nude bathing,
is prohibited in all of DuPont State Forest
lands or waters. This Rule does not apply to
the enclosed portions of bathhouses,
restrooms, tents and recreational vehicles.
(2) Children under the age of five are exempt from
this restriction.
Authority G.S. 14-190.9; 113-35.
15A NCAC 09C .1206 HUNTING
(a) Hunting Restricted. A person shall not hunt any wild bird or
wild animal in the State Forest, except that:
(1) a person may hunt game birds or game
animals:
(A) during open seasons prescribed by the
North Carolina Wildlife Resources
Commission; and
(B) provided that he has a valid game
lands use permit and special hunt
permit in addition to an appropriate
hunting or sportsman's license.
(2) Safety Requirements. A hunter shall not:
(A) be under the influence of alcohol;
(B) discharge a firearm or bow and arrow
from a vehicle, or within 150 yards of
any building or designated camping
area, or within, into, or across a
posted safety zone;
(C) discharge a firearm within, into, or
across a posted restricted zone;
(D) drive a motorized vehicle other than
on roads and trails maintained for
vehicular use, or in excess of 20 miles
per hour; and
(E) obstruct a state forest road or trail.
(b) Tree Stands. Hunters shall not erect or occupy any tree
stand attached to any tree, unless they use a portable stand that
leaves no metal in the tree.
(c) Trapping. A person may trap furbearing animals during open
seasons, except in posted safety zones, provided that he has a valid
PROPOSED RULES
16:24 NORTH CAROLINA REGISTER June 17, 2002
2732
game lands use permit and trapping license, and provided that he
obeys all state laws, rules and regulations.
Authority G.S. 113-8; 113-34; 113-35; 113-264(a).
15A NCAC 09C .1207 FISHING
A person may fish in any stream in DuPont State Forest
provided that he has a valid state or county fishing license, and
provided that he obeys all state fishing laws, rules and
regulations.
Authority G.S. 113-8; 113-34; 113-35.
15A NCAC 09C .1208 ANIMALS AT LARGE
(a) No person shall have any dog, cat or other pet upon DuPont
State Forest unless the animal is on a leash no longer than six
feet and under the control of the owner or some other person.
Hunting dogs used in accordance with NC Wildlife Commission
Game Lands Regulations pertaining to DuPont State Forest are
exempt from this Rule.
(b) No dog, cat or other pet shall be allowed to enter the toilet or
bathhouse on DuPont State Forest except assistance animals for
persons with disabilities.
Authority G.S. 113-22; 113-34; 113-35.
15A NCAC 09C .1209 BOATING
(a) Privately owned boats or canoes may be operated in any
waters on DuPont State Forest, provided they are manually
operated or propelled by means of oars, paddles or electric
trolling motors. Boats with gas motors attached are prohibited
on any waters of the forest, except for use by rescue squads,
diving teams, or other organizations conducting emergency
operations.
(b) Operation of boats or canoes within 50 yards of the water
intake on Lake Julia is prohibited.
Authority G.S. 113-22; 113-34; 113-35.
15A NCAC 09C .1210 CAMPING
No person shall spend the night or maintain a camp in DuPont
State Forest except under permit, and at such places and for such
periods as may be designated. Application for permits may be
made as provided by Rule .1203 of this Section.
Authority G.S. 113-22; 113-34; 113-35.
15A NCAC 09C .1211 SPORTS AND GAMES
No games or athletic contests shall be allowed except in places
as may be designated.
Authority G.S. 113-22; 113-34; 113-35.
15A NCAC 09C .1212 HORSES
(a) No person shall use, ride or drive a horse except to, from, or
along a bridle path or other designated area.
(b) Each user shall remove from designated parking areas all
residues (including manure) generated by his/her horse.
(c) When dismounted, horses shall be tied in such a manner as
to prevent damage to trees or any other plants.
(d) When crossing rivers or streams, horse use shall be confined
to bridges or culverts if available.
(e) Users shall possess valid Coggins papers for each horse and
make them available for inspection upon request.
Authority G.S. 113-22; 113-34; 113-35.
15A NCAC 09C .1213 BICYCLES
(a) No person shall use or ride a bicycle except on a road or trail
authorized for use by motor vehicles or specifically designated
as a bicycle trail.
(b) When crossing rivers or streams, bicycle use shall be
confined to bridges or culverts if available.
Authority G.S. 113-22; 113-34; 113-35.
15A NCAC 09C .1214 EXPLOSIVES
No person shall carry or possess any explosives or explosive
substance including fireworks upon DuPont State Forest. This
does not apply to employees of the department when they
engage in construction or maintenance of the area.
Authority G.S. 113-22; 113-34; 113-35.
15A NCAC 09C .1215 FIREARMS
No person except authorized forest law enforcement officers of
the department, game protectors, and bona fide peace officers on
official duty shall carry or possess firearms of any description, or
air guns or pellet guns, on or upon DuPont State Forest. Properly
licensed hunters that meet the requirements of Rule .1206 of this
Section are exempt from this Rule.
Authority G.S. 113-22; 113-34; 113-35.
15A NCAC 09C .1216 FIRES
No person shall build or start a fire in any area unless that area is
designed for such purpose. These areas include fireplaces and
grills made for this purpose.
Authority G.S. 113-22; 113-34; 113-35.
15A NCAC 09C .1217 DISORDERLY CONDUCT
No person visiting on DuPont State Forest shall disobey a lawful
order of a state forest supervisor, ranger, assistant ranger, or law
enforcement officer or endanger or disrupt others.
Authority G.S. 113-22; 113-34; 113-35.
15A NCAC 09C .1218 INTOXICATING BEVERAGES
AND DRUGS
No person shall use or be intoxicated or under the influences of
intoxicants, marijuana, or non-prescribed narcotic drugs as
defined in G.S. 90-87. The public display or use of beer, wine,
whiskey, other intoxicating beverages, marijuana or non-prescribed
narcotic drugs is hereby prohibited.
Authority G.S. 113-22; 113-34; 113-35.
15A NCAC 09C .1219 COMMERCIAL ENTERPRISES
No person, being without a permit, shall in or on DuPont State
Forest, sell or offer for sale, hire, or lease, any object or
PROPOSED RULES
16:24 NORTH CAROLINA REGISTER June 17, 2002
2733
merchandise, property, privilege, service or any other thing, or
engage in any business. Application for permits may be made as
provided by Rule .1203 of this Section.
Authority G.S. 113-22; 113-34; 113-35.
15A NCAC 09C .1220 NOISE REGULATION
The production or emission in DuPont State Forest by any
person of noises, amplified speech, music or other sounds that
annoy, disturb or frighten forest users, in the opinion of a
Division of Forest Resources employee, is prohibited.
Authority G.S. 113-34; 113-35; 113-264(a).
15A NCAC 09C .1221 MEETINGS AND EXHIBITIONS
A person shall not hold any meetings or exhibitions, perform any
ceremony, or make any speech, on DuPont State Forest without
a permit. Application for permits may be made as provided by
Rule .1203 of this Section.
Authority G.S. 113-35.
15A NCAC 09C .1222 ALMS AND CONTRIBUTIONS
A person shall not solicit alms or contributions for any purpose
within DuPont State Forest, unless approved by the Division of
Forest Resources, and such contributions will be used to benefit
the forest.
Authority G.S. 113-35.
15A NCAC 09C .1223 AVIATION
(a) Except as noted in Paragraphs (b) and (c) of this Rule, a
person shall not voluntarily bring, land or cause to descend or
alight, ascend or take off within or upon any DuPont State Forest
area, any airplane, flying machine, balloon, parachute, glider,
hang glider, or other apparatus for aviation. Voluntarily in this
connection shall mean anything other than a forced landing.
(b) In forest areas where aviation activities are part of the
planned forest activities, a special use permit will be required.
Application for permits may be made as provided by Rule .1203
of this Section.
(c) Emergency aircraft such as air ambulances and fire fighters
are exempt from this Rule.
Authority G.S. 113-35.
15A NCAC 09C .1224 EXPULSION
For violation of the Rules in this Section, the department may
withdraw the right of a person or persons to remain in DuPont
State Forest.
Authority G.S. 113-8; 113-34; 113-35.
15A NCAC 09C .1225 MOTORIZED VEHICLES:
WHERE PROHIBITED
A person shall not drive a motorized vehicle in the forest within
or upon a safety zone, walk, bridle trail, fire trail, service road,
or any part of the forest not designated for such purposes. Motor
bikes, mini-bikes, all terrain vehicles, and unlicensed motor
vehicles are prohibited within the forest.
Authority G.S. 113-35.
15A NCAC 09C .1226 FLOWERS: PLANTS:
MINERALS: ETC.
(a) A person shall not remove, destroy or injure any tree, flower,
artifact, fern, shrub, rock or other plant or mineral in any forest
area. Silvicultural activities performed in accordance with the
DuPont State Forest Management Plan, as approved by the
Director of the Division of Forest Resources, are exempt from
this Rule.
(b) A person shall not collect plants, animals, minerals or
artifacts from any forest area without first having obtained a
collector's permit. Application for permits may be made as
provided by Rule .1203 of this Section.
Authority G.S. 113-35.
15A NCAC 09C .1227 FEES AND CHARGES
The following fee schedule shall apply at DuPont State Forest.
Payment of the appropriate fee shall be a prerequisite for the use
of the public service facility or convenience provided. Unless
otherwise provided in this Rule, the number of persons camping
at a particular site may be limited by the forest supervisor
depending upon the size of the camping group and the size and
nature of the campsite. The forest supervisor may waive fees for
groups performing volunteer trail maintenance or other activities
providing benefit to the forest.
TYPE OF FACILITY OR CONVENIENCE FEE
(1) CAMPING
(a) Primitive, unimproved campsites with pit privies. $8.00 (per campsite, daily)
Fresh water also available.
(b) Primitive group tent camping, unimproved campsites $1.00 (per person, with $8.00 minimum)
with pit privies.
(c) Improved group camping (water, restrooms and shower $35.00 (per day, maximum capacity 35)
facilities available).
(2) PICNIC SHELTER RENTAL $20.00 (1-2 tables)
(by reservation only) $35.00 (3-4 tables)
$50.00 (5-8 tables)
$75.00 (9-12 tables)
(3) COMMUNITY BUILDINGS $150.00 (per day, includes up to 20 car
passes)
(4) HORSE BARN $10.00 (daily per horse, maximum capacity
20
PROPOSED RULES
16:24 NORTH CAROLINA REGISTER June 17, 2002
2734
horses)
(5) SPECIAL ACTIVITIES (for uses not identified in this Rule) $1.00 (per person, with a $25.00 maximum).
Authority G.S. 113-35(b).
TITLE 21 – OCCUPATIONAL LICENSING BOARDS
CHAPTER 21 - BOARD OF GEOLOGISTS
Notice is hereby given in accordance with G.S. 150B-21.2 that
the NC Board for Licensing of Geologists intends to adopt the
rules cited as 21 NCAC 21 .0606-.0607, amend the rules cited as
21 NCAC 21 .0103-.0104, .0107, .0301-.0302, .0501-.0502,
.0514-.0515, .0603-.0605, .0802-.0804, .0902-.0903, .1001-
.1002 and repeal the rules cited as 21 NCAC 21 .0106, .0503-
.0504. Notice of Rule-making Proceedings was published in the
Register on February 15, 2002.
Proposed Effective Date: April 1, 2003
Public Hearing:
Date: July 9, 2002
Time: 10:00 a.m.
Location: 3733 Benson Dr., Raleigh, NC
Reason for Proposed Action: Some of the rules were outdated
in that they did not conform to the Administrative Procedures
Act; the office address has changed; rules are changed to be
more specific, including authority citation; new rules clarify
procedures for disciplinary hearings.
Comment Procedures: Address comments to Robert Upton,
PO Box 41225, Raleigh, NC 27629, call 919-850-9669.
Comments will be accepted through July 17, 2002.
Fiscal Impact
State
Local
Substantive (>$5,000,000)
None
SECTION .0100 - STATUTORY AND ADMINISTRATIVE
PROVISIONS
21 NCAC 21 .0103 ORGANIZATION OF THE
BOARD
(a) Meetings shall be open and public except that the Board may
meet in closed sessions for the purposes specified in G.S. 143-
318.11. The Board is exempt from the requirement to meet in
public when it meets to prepare, approve, administer or grade
examinations, to deliberate the qualifications of an applicant for
license or registration, or to deliberate on the disposition of a
proceeding to discipline a licensed geologist. any disciplinary
action for a licensed geologist or registered geological
corporation or geological limited liability company.
(b) The Board shall have power to compel the attendance of
witnesses, to administer oaths, and to take testimony and proofs
of all matters within its jurisdiction.
(c) The chairman and ex-officio member shall be full voting
members of the Board.
Authority G.S. 89E-4; 89E-5; 143-318(6); 143-318.11.
21 NCAC 21 .0104 DUTIES OF OFFICERS
(a) Chairman. The chairman shall, when present, preside at all
meetings, appoint all committees, sign all certificates issued and
perform all other duties pertaining to his office.
(b) Vice-Chairman. The vice-chairman, in the absence of the
chairman, shall perform all of the duties of the chairman.
(c) Secretary Treasurer:
(1) The secretary treasurer, with the assistance of
an executive director or such other officers or
employees as may be approved by the Board,
shall conduct and care for all the
correspondence of the Board, keep the minutes
of all the meetings, keep all books and records,
and shall sign all certificates issued. He shall
have charge, care and custody of the official
documents by order of the Board. He shall
provide due notice of the time and place of all
meetings of the Board to each member of the
Board.
(2) The secretary treasurer, with the assistance of
an executive director or such other officers or
employees as may be approved by the Board,
shall receive all moneys from applicants for
annual renewal or other fees and deposit them
in an authorized depository of the Board. The
secretary treasurer shall give bond to be
conditioned on the faithful performance of the
duties of his office and on the faithful
accounting of all monies and other property as
shall come into his hands.
(3) The secretary-treasurer,secretary-treasurer
shall mail a copy of Chapter 89E of the North
Carolina General Statutes, as amended, and the
rules of this Chapter, to each applicant for a
license in and out of the state. with the
assistance of an executive director or such
other officers or employees as may be
approved by the Board, shall provide to each
applicant for a license or registration a current
copy of G.S. 89E and the rules of this Chapter.
Copies of the Geologists Licensing Act and
the rules of this Chapter shall be provided by
mail with the application packet or in
electronic format on the Board's Internet
website (www.ncblg.org) with the on-line
application packet.
Authority G.S. 89E-4; 89 E-5.
21 NCAC 21 .0106 FORMS
Forms used by the Board, and available from the Board office
upon request, include the following:
(1) Application for Licensing as a Geologist,
PROPOSED RULES
16:24 NORTH CAROLINA REGISTER June 17, 2002
2735
(2) Application for License by Comity,
(3) Application for Renewal of License,
(4) Application for Reinstatement of License,
(5) Application for Corporate Registration, and
(6) Certificate of Registration.
Authority G.S. 55B-2(6); 55B-10; 89E-8; 89E-10; 89E-11;
89E-12.
21 NCAC 21 .0107 FEES
(a) Completed application forms must be accompanied by the
prescribed fee. Application fees will not be refunded regardless
of Board approval or disapproval of the application. Prescribed
fees shall not be more than:
(1) application forms for licensing as a geologist,
including a copy of the Geologists
Licensing Act and Rules: $ 5.00
(2)(1) Application for license $50.00 $ 55.00
(2) Application for registration $ 50.00
(3) Examination per part: cost plus
$350.00 $ 30.00
(4) application for license by comity: $ 50.00
(5)(4) Biennial Annual renewal of license
$70.00 $ 85.00
(5) Annual renewal of certificate of registration
for corporation or limited
liability company $ 25.00
(7)(6) Application for reinstatement of license
$50.00 $150.00
(7) Application for reinstatement of registration
$10.00
(8) licensed geologist stamp and seal: cost plus
$5.00
(6)(8) Replacement of license or registration
certificate $10.00
(9) application for corporate registration:$50.00
(9) Licensed geologist stamp or seal: cost plus
$ 7.50
(10) annual renewal of certificate of registration for
corporations $25.00
(11)(10) Registered geological corporation or limited
liability company stamp andor seal:
cost plus $7.50
(b) All licenses will expire biennially on July 1. Biennial
Annual license renewal fees received after July 1 and before
September 1 August 1 of the year due shall be subject to the
assessment of a late payment penalty of twenty-five dollars
($25.00). All certificates of registration for corporations will
expire annually on July 1. Annual renewal fees for certificates
of registration for corporations received after August 1 and
before December 31 shall be subject to a late payment penalty of
twenty-five dollars ($25.00). accompanied by a late payment
penalty of fifty dollars ($50.00).
(c) Licenses that have not been renewed by September 1 August
1 may only be renewed by:
(1) filing a reinstatement application and
submitting a reinstatement fee. application,
demonstrating that the applicant is otherwise
qualified and entitled to license renewal, in
accordance with Rule .0302 of this Chapter;
(2) payment of any delinquent annual fees having
accrued since the last timely renewal of the
license or registration; and
(3) payment of the reinstatement fee specified in
Subparagraph (a)(6) of this Rule.
(d) All registrations will expire on July 1. If a corporation or
limited liability company fails to apply for renewal of its
certificate of registration by August 1 of the year due, the
registration may only be renewed by:
(1) filing a reinstatement application,
demonstrating that the firm is otherwise
qualified and entitled to a renewal of its
certificate of registration, in accordance with
Rule .0302 of this Chapter;
(2) payment of the required renewal fee; and
(3) payment of the ten dollar ($10.00) fee
specified in Subparagraph (a)(7) of this Rule.
(d) (e) Licenses and registrations that have been suspended
revoked under G.S. 89E-19 may be reinstated by filing a
reinstatement application in accordance with Rule .0302 of this
Chapter and paying the reinstatement fee.fee specified in
Subparagraph (a)(6) or (a)(7) of this Rule, as applicable.
(f) Extensions for certain members of armed forces. Individuals
who are serving in the armed forces of the United States to
whom an extension of time to file a tax return has been granted
by G.S. 105-249.2 shall be granted an extension of time to pay
their annual license fee. Such individuals shall provide to the
Board documentation to support their request for extension.
Authority G.S. 55B-2(6); 55B-10; 55B-11; 89E-5; 89E-8;
89E-10; 89E-12; 89E- 13; 89E-19; 93B-15; 105-249.2.
SECTION .0300 - LICENSING OF GEOLOGISTS
21 NCAC 21 .0301 REQUIREMENTS FOR
LICENSING
(a) Education. In determining whether an applicant meets the
minimum education requirements of the Geologists Licensing
Act, the Board is authorized to determine which colleges and
universities are properly accredited, and which geologic science
courses qualify for meeting the minimum requirements.
(b) References. Five letters of reference submitted to the Board
which shall satisfy the Board as to the character, reputation,
responsibility, integrity and competence of the applicant. These
letters of reference must be submitted by licensed or qualified
geologists or professional engineers. No member of the Board
shall act as a reference for any applicant for licensing. At least
two of the five letters of reference must be submitted by licensed
or qualified geologists who are familiar with the applicant's work
in the field of geology.
(c) Written Examination. A written examination approved by
the Board shall be required of all applicants. The passing grade
on any written examination for licensing shall be established by
the Board in advance of the examination. The applicant shall be
notified, not less than 30 days before the examination, as to the
time and place of the examination. A person who has failed an
examination is allowed to take the examination again at the next
regularly scheduled examination period. A person having a
record of three failures will not be allowed to take that
examination again until a written appeal is made to the Board
and qualifications for examination are reviewed and reaffirmed
PROPOSED RULES
16:24 NORTH CAROLINA REGISTER June 17, 2002
2736
by the Board. The applicant must demonstrate to the Board that
actions have been taken to improve the applicant's possibility of
passing the exam.
(d) Experience. In determining whether an applicant meets the
minimum experience requirements of the Geologists Licensing
Act, the Board will consider the total work experience record of
the applicant. The Board will look for the applicant's ability to
conduct geological work in a satisfactory manner with little or
no supervision. The Board is authorized to determine which
colleges and universities are properly accredited and which
geological science courses qualify for experience in the field of
geology.
(e) Certificate by comity:
(1) The Board, within its discretion, may grant a
license, by comity, to a person holding a
license or certificate in good standing of
registration in geology from any legally
constituted Board of examiners in another state
whose licensing, registration and requirements
are deemed to be equal or equivalent to those
of this state.
(2) To assure that the requirements of the other
state are at least equivalent to those of this
state, the applicant shall be required to show
evidence of education and experience equal to
those required of geologists licensed in this
state who obtained a license by examination as
set out in this Rule and Rule .0302 of this
Section.
(e) Certificate by comity. The Board shall grant a license
without further examination to a person holding a license to
engage in the practice of geology, which license has been issued
by another jurisdiction, when the applicant meets the following
conditions:
(1) the applicant has filed an application for
license and paid the fee required by Rule .0107
of this Chapter;
(2) the applicant has provided evidence of
education and experience equal to the
requirements of Paragraphs (a), (b), and (d) of
this Rule as indicated in Rule .0302 of this
Section;
(3) the applicant is in good standing with the
agency regulating the practice of geology in
any jurisdiction in which the applicant holds a
license to practice geology; and
(4) the applicant has successfully passed a written
examination deemed to be equal or equivalent
to the examination administered by the Board
pursuant to G.S. 89E-9 and Paragraph (c) of
this Rule.
Authority G.S. 89E-7; 89E-8; 89E-9; 89E-11.
21 NCAC 21 .0302 APPLICATION PROCEDURE
(a) All applicants for licensing, except those applying under
comity, are required to furnish with their applications the
following:
(1) A legible official copy of their college
transcript(s), and verification of graduation
sent directly from the institution to the Board;
(2) A record Verification of experience in the
practice of geology including any of the
applicant’s written reports, maps, published
articles or other materials the Board
determines are appropriate to document the
applicant’s experience as a geologist; on forms
provided by the Board;
(3) Five references as defined in Rule .0301(b) of
this Section;
(4) A notarized copy of a completed application
form as prescribed by the Board; and
(5) The application fee as prescribed in Rule .0107
of this Chapter.
(b) Applicants for licensing under comity shall submit an
application form as prescribed by the Board along with the fee as
provided in Rule .0107 of this Chapter. The Board may require
the submittal of additional information.
(b)(c) Applicants for reinstatement of an expired license or
registration shall submit a reinstatement application and shall
submit the prescribed fee in as provided by Rule .0107 of this
Chapter.
(c)(d) Applicants for reinstatement of a revoked or suspended
license or registration shall submit such information as is
required by the Board on a case-by-case basis, to determine
eligibility for reinstatement pursuant to G.S. 89E-21, and shall
submit the fee as provided by Rule .0107 of this Chapter.
(e) Applicants for renewal of license who practice geology less
than 15 days per year must submit a notarized affidavit that they
have practiced geology in North Carolina less than 15 days
during the past year and that they will practice less than 15 days
in each of the coming two years. If a licensed geologist in fact
practices 15 or more days in either year in North Carolina, he
shall submit to the Board the balance of the fee prescribed for
regular license renewal in Rule .0107 of this Chapter.
(d) Additional information required by the Board to approve or
deny approval on any application shall be filed with the Board
within 60 days of the applicant's receipt of notice to provide such
information. This may include any of the applicant's written
reports, maps, published articles or other materials the Board
determines are appropriate to document the applicant's
experience as a geologist. Failure to submit the supplemental
information requested within the time allowed by this Rule may
result in the Board’s rejection of the application without further
notice prior to such rejection.
Authority G.S. 89E-7; 89E-8; 89E-9; 89E-11; 89E-12; 89E-21.
SECTION .0500 - DISCIPLINARY ACTION AND
PROCEDURE
21 NCAC 21 .0501 FILING OF CHARGES AND
DISCIPLINARY ACTIONS
(a) Any person may file with the Board a charge of negligence,
incompetence, dishonest practice, or other misconduct or of any
violation of G.S. 89E or of these Rules.
(b) Upon receipt of such charge or upon its own initiative, the
Board may, consistent with procedures required by G.S. 150B,
suspend or revoke the license or certificate of registration, may
impose a civil penalty not in excess of five thousand dollars
($5,000), may issue a reprimand or caution as provided in Rules
Rule .0502 and .0504 of this Section or may upon a statement of
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16:24 NORTH CAROLINA REGISTER June 17, 2002
2737
the reasons therefore dismiss the charge as unfounded or trivial,
which statement shall be mailed to the geologist and the person
who filed the charge.charge by certified mail. If the Board
determines that a licensee is professionally incompetent, the
Board may require the licensee to demonstrate fitness to practice
as allowed in G.S. 89E-19(b). In addition to issuing a reprimand
or suspending or revoking a license or certificate of registration,
the Board may impose a civil penalty for any violation of G.S.
89E or these Rules, such penalty not to exceed five thousand
dollars ($5,000.00).
(c) The Board may publish in the Board's newsletter or other
public media any disciplinary action taken against a licensee or
registrant or any legal action taken against any person engaged
in the practice of geology in violation of G.S. 89E or these
Rules.
Authority G.S. 89E-5; 89E-17; 89E-19; 89E-20.
21 NCAC 21 .0502 REPRIMAND
(a) If probable cause evidence of a violation is found, but it is
determined that a disciplinary hearing is not warranted, the
Board may issue a reprimand to the accused party. A record of
such reprimand shall be mailed to the accused party and within
15 days after receipt of the reprimand the accused party may
refuse the reprimand and request that a Hearing be held pursuant
to G.S. 150B. Such refusal and request shall be addressed to the
Board and filed with the secretary- treasurer.Executive Director
of the Board.
(b) Upon filing of a notice refusing the reprimand and
requesting a hearing, the Board shall determine whether to grant
the request and whether, having granted the request, the Board
will conduct the evidentiary hearing or whether it will refer the
matter to the Office of Administrative Hearings for designation
of an administrative law judge to conduct the hearing. If the
Board elects to conduct the hearing,The the legal counsel for the
Board shall thereafter prepare and file a Notice of Hearing. If
the Board refers the matter to the Office of Administrative
Hearings, that agency shall prepare and serve all subsequent
notices related to the evidentiary hearing, including the Notice of
Hearing.
(c) If the letter of reprimand is accepted, a copy of the
reprimand shall be maintained in the office of the Board. If a
party receiving a reprimand wishes merely to file a letter
rebutting his reprimand, he may in writing waive his right to
hearing and submit a letter of rebuttal to be placed in his file.
Authority G.S. 89E-5; 89E-19; 89E-20.
21 NCAC 21 .0503 APPLICABLE HEARING RULES
When the Board elects to have the Office of Administrative
Hearings hear a contested case, the Board's rules pertaining to
contested case hearings, instead of the rules of the Office of
Administrative Hearings, shall apply.
Authority G.S. 89E-5; 89E-20; 150B-38.
21 NCAC 21 .0504 CAUTION
If no probable cause is found, but it is determined by the Board
that the conduct of the accused party is not in accord with
accepted professional practice or may be the subject of discipline
if continued or repeated, the Board may issue a letter of caution
to the accused party stating that the conduct, while not the basis
for a disciplinary hearing, is not professionally acceptable or
may be the basis for a disciplinary hearing if repeated. A record
of such letter of caution shall be maintained in the office of the
Board.
Authority G.S. 89E-5.
21 NCAC 21 .0514 INVESTIGATION
(a) Valid complaints received by the Board shall be forwarded
to an investigator for further inquiry as to whether the acts or
omissions alleged violate the provisions of G.S. 89E, the Board's
code of professional conduct, or any other rules of this Chapter.
The Board's executive director shall notify the licensee or
corporate registrant of the complaint and advise the licensee or
corporate registrant that:
(1) He has a duty to cooperate fully with the
investigation by the Board; and
(2) He may submit a written response to the
complaint.
(b) The investigator shall collect all information needed to
determine whether a violation has occurred and the nature and
severity of the violation. Information gathered during the course
of an investigation shall be treated by the Board as confidential
information in accordance with G.S. 89E-18(c) until the Board
takes makes a final agency decision taking disciplinary action
against the licensee or corporate registrant.registrant; however,
the Board cannot ensure the confidentiality of any information
introduced into evidence in a hearing conducted by the Office of
Administrative Hearings upon referral from the Board, because
the information becomes part of the public record of that agency
at the time of introduction.
(c) After collecting information relevant to the complaint, the
investigator will submit a report consisting of the complaint,
information gathered in the course of investigation, and the
investigator's conclusion to a peer review committee for
evaluation. The peer review committee will consist of at least
two professional geologists, each of whom hold a currently valid
license issued by the Board.
(d) The investigation report (including, but not limited to, the
supporting information relevant to the complaint) and the written
evaluation of the peer review committee shall be submitted to
the Executive Director of the Board to be combined with the
licensee's written response to the complaint, if any, for further
proceedings in accordance with Rule .0515 of this Section.
Authority G.S. 89E-5; 89E-17; 89E-20.
21 NCAC 21 .0515 DISCIPLINARY PROCEDURE
(a) Upon receipt of an investigation report and evaluation from
the Board's investigator and peer review committee in
accordance with Rule .0514 of this Section, the Board's
Executive Director shall forward to the Chairman of the Board
(or to a member of the Board designated by the Chairman) the
investigation report, evaluation, and the supporting
documentation along with the licensee's or registrant's written
response to the complaint, if any.
(b) The Chairman (or a member of the Board designated by the
Chairman) is delegated authority to propose the disciplinary
action for the violation(s) revealed by the investigation
consistent with the provisions of G.S. 89E-19. The Chairman
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16:24 NORTH CAROLINA REGISTER June 17, 2002
2738
(or a member of the Board designated by the Chairman) is also
delegated authority to issue a summary suspension pursuant to
G.S. 150B-3(c).
(c) After review of the investigation report, evaluation, and
supporting documentation, the Chairman shall notify the
licensee or corporate registrant of the proposed disciplinary
action by certified mail sent to the last known address of the
licensee or corporate registrant as indicated by the Board’s
official roster. This notification shall contain a summary of the
alleged facts or conduct upon which the proposed disciplinary
action is based, the effective date of the proposed disciplinary
action, and an explanation of the licensee's or registrant's hearing
rights pursuant to G.S. 150B, Article 3A. Notification for
summary suspensions shall meet the requirements of G.S. 150B-
3(c).
(d) The licensee or corporate registrant has 15 days from receipt
of notification of proposed disciplinary action to file with the
Board a written request for hearing. Requests for hearing must
be received at the Board's office by 5:00 p.m. on the date due. If
the licensee or corporate registrant does not file a written request
for hearing with the Board, the Board shall receive the
Chairman's recommendation on disciplinary action at its next
meeting. If a majority of the Board members agree with the
Chairman's recommendation the proposed disciplinary action
becomes a final agency decision. If a majority of the Board
members do not agree with the Chairman's recommendation, the
Board shall make a review of the facts (limited to the
investigator's report without supporting documentation) solely
for the purpose of determining whether probable cause exists to
support the allegations of violation of law and for the purpose of
proposing an appropriate disciplinary action. The Chairman
shall not participate in the deliberations or the voting with regard
to either his recommendation or the Board’s decision regarding a
substitute disciplinary action. A new notice of proposed
disciplinary action will be