01 NCAC 25 .0603             FORMAT AND CONTENT

Agencies shall use a format for EIS's which will encourage good analysis and clear presentation of all alternatives, including the proposed activity while minimizing length and complexity.  These documents shall not exceed 60 pages and shall include 8 1/2" x 11" site location maps.  The document shall include the following:

(1)           A single cover sheet including the following information:

(a)           designation of the document as a draft, supplementary or final statement;

(b)           title of the proposed activity that is the subject of the statement;

(c)           list of any involved cooperating agencies; and

(d)           name, address, and telephone number of the person in the State Project Agency who can supply further information.

(2)           An accurate summary of the statement stressing the major conclusions, areas of controversy, and issues to be resolved.  The summary shall also list all federal, state, and local permits, licenses, certifications, and other approvals which must be obtained in implementing the proposal.  If there is any uncertainty about whether any one of these is necessary, it shall be so indicated.

(3)           Purpose and Need.  The underlying purpose and need being responded to by the proposed activity.

(4)           Alternatives including proposed activity.  Based upon information and analysis presented in Items (5) through (8) of this Rule on the affected environment and environmental consequences, the agency shall present the environmental impacts of the alternatives including the proposed activity in comparative form.  To the extent possible the comparison of alternatives shall quantify how the purpose and need would be satisfied by each alternative and the proposed activity.  This section of the document shall be the heart of the EIS, sharply defining the issues and providing a clear basis for choice among options by decision makers and the public.  It shall also:

(a)           explore and evaluate all reasonable alternatives, including those not within the jurisdiction of the State Project Agency and the alternative of no action;

(b)           discuss the reasons for the elimination of alternatives from detailed study;

(c)           identify the agency's preferred alternative(s) in the draft statement and identify such alternatives in the final statement, unless another law prohibits the expression of such a preference;

(d)           include appropriate mitigation measures not already included in the alternatives; and

(e)           assess the social and economic impacts of each alternative.  Impacts shall be quantified for each alternative, where feasible, but when quantification by standard economic tools is not feasible or intangibles are involved, a description of each impact is required.

(5)           Affected Environment.  The EIS must describe the environment of the area(s) to be affected and the environment to be created by the alternatives under consideration.  The description shall be no longer than is necessary to understand the effects of the alternatives.  Data and analysis in a statement shall be commensurate with the importance of the impact, with less important material summarized, consolidated, or simply referenced.

(6)           Environmental Consequences.  This section of the document shall form the scientific and analytic basis for the comparisons under Item (4) of this Rule.  It shall include:

(a)           direct effects and significance;

(b)           indirect effects and significance;

(c)           cumulative effects and significance;

(d)           the relationship between the short-term uses of the environment involved in the proposed action and the maintenance and enhancement of long-term productivity;

(e)           any irreversible and irretrievable environmental changes which would be involved in the proposed action should it be implemented; and

(f)            possible conflicts between the proposed activities and the objectives of federal, state, and local plans, policies, and controls for the affected area.

(7)           List of Preparers.  The EIS shall list the names and qualifications of the persons who were primarily responsible for preparing the EIS.

(8)           Appendix.  If an appendix is included in an EIS, it shall meet the following requirements:

(a)           consist of materials substantiating any analysis fundamental to the principal document, as distinct from material of lesser significance that may accompany the document or be incorporated by reference;

(b)           be analytic and relevant to the decision to be made;

(c)           not be counted in the EIS 60 page limit; and

(d)           be circulated with the EIS or be readily available upon request.


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

Eff. February 1, 1986;

Amended Eff. April 1, 1999; May 3, 1993;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.