15A NCAC 01C .0208      INCOMPLETE OR UNAVAILABLE INFORMATION

(a)  Where DEQ is evaluating effects upon the environment in an environmental document and there are gaps in relevant information or scientific uncertainty, DEQ shall make clear that such information is lacking or that uncertainty exists.

(b)  In considering whether unavailable information should be sought and included in the environmental document, DEQ shall consider whether the information can be obtained, how long it would take to obtain that information, and the significance of the information to understanding the effects of the proposed action or alternative. If, after considering those factors, DEQ proceeds with preparation of the environmental document without the information, DEQ shall include within the environmental document:

(1)           a statement that such information is incomplete or unavailable;

(2)           a statement of the relevance of the incomplete or unavailable information to evaluating reasonably foreseeable significant adverse impacts on the human environment;

(3)           a summary of existing credible scientific evidence which is relevant to evaluating the reasonably foreseeable significant adverse impacts on the human environment; and

(4)           DEQ's evaluation of such impacts based upon theoretical approaches or research methods generally accepted in the scientific community.

(c)  For the purposes of this Section, "reasonably foreseeable" includes impacts which have catastrophic consequences, even if their probability of occurrence is low, provided that the analysis of the impacts is supported by credible scientific evidence, is not based on pure conjecture, and is within the rule of reason.

History Note:        Authority G.S. 113A‑4; 113A‑6; 143B‑10;

Eff. April 1, 2003;

Readopted Eff. June 1, 2022.