SECTION .0300 ‑ EXCEPTIONS

01 NCAC 39 .0301             EXCEPTIONS TO MINIMUM CRITERIA

The Secretary of the Department of Administration may determine that environmental documents under the North Carolina Environmental Policy Act are required in any case where one of the following findings applies to a Department of Administration proposed activity:

(1)           The proposed activity is located in a sensitive area.

(2)           The proposed activity could cause changes in industrial, commercial, residential, agricultural, or silvicultural land use concentrations or distributions which would be expected to create adverse water quality, air quality, or ground water impacts, or affect long‑term recreational benefits, shellfish, wildlife, or their natural habitats.

(3)           The proposed activity has indirect impacts, or is part of cumulative effects, not generally covered in the approval process for the state action, and that may result in a potential risk to human health or the environment.

History Note:        Authority G.S. 113A‑11;

Eff. October 1, 1993;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.