Any activity falling within the parameters of the minimum criteria set out in Section .0400 of this Subchapter shall not routinely be required to have environmental documentation under the NCEPA.  However, an environmental document is required when the Secretary determines that:

(1)           the proposed activity may have a potential for significant adverse effects on wetlands; surface waters such as rivers, streams and estuaries; parklands; game lands; prime agricultural or forest lands; or areas of local, state or federally recognized scenic, recreational, archaeological, ecological, scientific research or historical value, including secondary impacts; or would threaten a species identified on the Department of Interior's or the state's threatened and endangered species lists; or

(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, instream flow, air quality, or ground water impacts; or affect long‑term recreational benefits, fish, wildlife, or their natural habitats; or

(3)           the proposed activity has secondary impacts, or is part of cumulative impacts, 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; or

(4)           the proposed activity is of such an unusual nature or has such widespread implications that a concern for its environmental effects has been identified by the DENR agency or expressed to the DENR agency.


History Note:        Authority G.S. 113A‑4; 113A‑6; 113A‑9; 113A‑10; 113A-11; 113A-12; 143B‑10;

Eff. April 1, 2003.