01 NCAC 25 .0605             REVIEW PROCESS

(a)  Draft EIS. Sixteen copies and any additional copies as may be requested shall be submitted by the State Project Agency and circulated for comment by the Clearinghouse as set out in Rule .0506 of this Chapter.  A Notice of Availability of the EIS shall be printed in the Environmental Bulletin, and a 45 calendar‑day period of review after this notice is published shall be allowed.

(b)  The Clearinghouse shall forward copies of all comments made by reviewers to the State Project Agency for incorporation in the final document.

(c)  Final EIS.  The State Project Agency shall submit 16 copies of the final EIS and any additional copies as may be requested to the Clearinghouse.  These documents shall be circulated to the original reviewers for a final review.  Notice shall also be given in the Environmental Bulletin.  Thirty calendar days after publication of the Bulletin shall be allowed for final review.

(d)  Based on consideration of the comments submitted, the Clearinghouse shall advise the State Project Agency as follows:

(1)           the document has been determined to lack sufficient information.  Supplemental documentation which provides adequate information should be submitted to the Clearinghouse for review and comment;

(2)           a final EIS should be prepared for review addressing the comments submitted; or

(3)           the document is adequate and completes the review process requirements for the act.

(e)  The State Project Agency may adopt or reject the Clearinghouse's recommendation.

(f)  No administrative or judicial review is permitted unless undertaken in connection with review of the agency action.  No other review of an environmental document is permitted.


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.