reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 18 - DIVISION OF CRIMINAL INFORMATION › Subchapter C - PENALTIES AND ADMINISTRATIVE HEARINGS › Section .0300 - INFORMAL PROCEDURES › Section 18C .0301 - INFORMAL PROCEDURE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) In accordance
				  with G.S. 150B-22 any agency or DCIN
				  user may request a hearing before the North Carolina CSO within 30 days after
				  receipt of written notification from DCI of an adverse action. A request for a
				  hearing shall be made by certified mail to the North Carolina State Bureau of
				  Investigation Division of Criminal Information, Post Office Box 29500, Raleigh,
				  North Carolina 27626.
(b) Upon
				  receipt of a request for an informal hearing, the CSO shall conduct a hearing
				  and consider the positions of the parties. The CSO shall notify the parties of
				  his or her decision within two weeks following the informal hearing and provide
				  information to the parties of their further appeal rights in accordance with
				  G.S.
				  150B-23.
Authority
					 G.S.
					 114-10;
					 114-10.1;
					 150B-3(b);
					 150B-22;
					 150B-23(f).
Eff. August 1, 2014;
Transferred and Recodified from
					 12 NCAC
					 04J .0301 Eff. November 1, 2015;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 4,
					 2016.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 19 - STATEWIDE SEXUAL ASSAULT EVIDENCE COLLECTION KIT TRACKING SYSTEM › Subchapter A - GENERAL PROVISIONS › Section 19A .0101 - SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
The rules in this Chapter are applicable to persons or
				  entities in the State that have custody of any sexual assault evidence
				  collection kits, including medical service providers, law enforcement agencies,
				  forensic laboratories, and the Department of Public Safety Law Enforcement
				  Support Services.
Authority
				  G.S.
				  114-65;
Eff. April 1,
				  2021.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 19 - STATEWIDE SEXUAL ASSAULT EVIDENCE COLLECTION KIT TRACKING SYSTEM › Subchapter A - GENERAL PROVISIONS › Section 19A .0102 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
As used in this Chapter:
(1) "Covered entity" means an agency, medical
				facility, or medical professional, person, or entity subject to the System
				tracking requirements.
(2)
				"Director" means the Director of the North Carolina State Crime
				Laboratory.
(3) "Forensic
				laboratory" means a person, agency, or department that takes custody of a
				sexual assault evidence collection kit for purposes of conducting forensic
				testing.
(4) "Forensic medical
				examination" means an examination provided to a sexual assault victim by
				medical personnel trained to gather evidence of a sexual assault in a manner
				suitable for use in a court of law and includes collection and evaluation of
				physical evidence.
(5) "Kit" or
				"sexual assault evidence collection kit" means a prepared kit used to conduct a
				forensic medical examination.
(6)
				"Law enforcement agency" means any police department, sheriff's office, campus
				police department, or any other person, agency, or department investigating a
				reported sexual assault for which a sexual assault evidence collection kit has
				been utilized by a medical service provider or that is taking possession of or
				storing an unreported or anonymous sexual assault evidence collection
				kit.
(7) "Medical service provider"
				means a medical facility or medical professional in the State who administers a
				forensic medical examination using a sexual assault evidence collection
				kit.
(8) "Previously untested kit"
				means a sexual assault evidence collection kit used in a forensic medical
				examination that has not undergone forensic testing and was identified and
				included in the 2017 Statewide inventory.
(9) "Statewide System Administrator" means an
				employee of the North Carolina State Crime Laboratory who has responsibility
				for the overall administrative functions of the System, including providing
				assistance to covered entities, training all covered entities, making
				corrections in the system, and generating data reports for the Director's
				annual tracking report to the Joint Legislative Oversight Committee on Justice
				and Public Safety.
(10) "System"
				means Sexual Assault Evidence Collection Kit Tracking and Inventory Management
				System (STIMS).
(11) "System
				guidelines" means the guidelines published by the Director of the North
				Carolina State Crime Laboratory for use by covered entities.
Authority
				  G.S.
				  114-65;
				  143B-1200;
Eff.
				  April 1, 2021.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 19 - STATEWIDE SEXUAL ASSAULT EVIDENCE COLLECTION KIT TRACKING SYSTEM › Subchapter A - GENERAL PROVISIONS › Section 19A .0103 - STATEWIDE SYSTEM ADMINISTRATOR DESIGNATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				System shall be administered by the Statewide System Administrator.
(b) The Statewide System Administrator shall:
(1) grant System access to each covered
				entity;
(2) provide training on the
				System and technical assistance to all local administrators; and
(3) keep a log of all notifications for
				entities out of compliance with the rules of this Chapter.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 19 - STATEWIDE SEXUAL ASSAULT EVIDENCE COLLECTION KIT TRACKING SYSTEM › Subchapter A - GENERAL PROVISIONS › Section 19A .0104 - COVERED ENTITY SYSTEM ACCESS; LOCAL ADMINISTRATORS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Each covered entity shall access the System and require that its users are
				trained to enter kit information data in the System.
(b) Each covered entity shall designate a
				local administrator, who shall provide his or her contact information to the
				Statewide System Administrator in writing, by mail, hand delivery, or email.
				The address for the State System Administrator is the State Crime Lab, 121 East
				Tryon Road, Raleigh, NC 27603. If a covered entity changes its local
				administrator or contact information for its local administrator, the covered
				entity shall update the System administrative information and provide written
				notice of the change to the Statewide System Administrator within 10 business
				days.
(c) The local administrator
				shall report any issues requiring technical support to the Statewide System
				Administrator within two business days at NCSTIMS@ncdoj.gov.
Authority
				  G.S.
				  114-65;
Eff. April 1,
				  2021.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 19 - STATEWIDE SEXUAL ASSAULT EVIDENCE COLLECTION KIT TRACKING SYSTEM › Subchapter B - COVERED ENTITY TRACKING REQUIREMENTS › Section 19B .0101 - SYSTEM COMPATIBILITY FOR KITS

Current through Register Vol. 39, No. 2, July 15, 2024
Any State or local government agency responsible for the
				  production of kits to be used in this State shall produce kits that are
				  compatible with the System. A government agency that contracts for kit
				  production by a vendor shall ensure that the vendor is contractually obligated
				  to meet this requirement.
Authority
				  G.S.
				  114-65;
				  143B-1201;
Eff.
				  April 1, 2021.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 19 - STATEWIDE SEXUAL ASSAULT EVIDENCE COLLECTION KIT TRACKING SYSTEM › Subchapter B - COVERED ENTITY TRACKING REQUIREMENTS › Section 19B .0102 - MEDICAL SERVICE PROVIDERS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Medical service providers shall:
(1) In the
				System, receive all kits used for the collection of physical evidence during
				forensic medical examinations from the kit vendor;
(2) make all required data entries in
				accordance with System guidelines; and
(3) track all kit transfers from the provider
				to a law enforcement agency or to Law Enforcement Support Services (LESS) in
				the System.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 19 - STATEWIDE SEXUAL ASSAULT EVIDENCE COLLECTION KIT TRACKING SYSTEM › Subchapter B - COVERED ENTITY TRACKING REQUIREMENTS › Section 19B .0103 - LAW ENFORCEMENT AGENCIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each
				law enforcement agency in the State shall comply with System guidelines to
				track the:
(1) receipt of kits by the law
				enforcement agency from medical service providers or Law Enforcement Support
				Services (LESS);
(2) transfer of
				kits from the law enforcement agency to forensic laboratories; and
(3) transfer of kits from forensic
				laboratories back to the law enforcement agency.
Each law enforcement agency shall enter all data in
				  accordance with System guidelines and keep the data updated as the
				  investigation of the incident evolves.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 19 - STATEWIDE SEXUAL ASSAULT EVIDENCE COLLECTION KIT TRACKING SYSTEM › Subchapter B - COVERED ENTITY TRACKING REQUIREMENTS › Section 19B .0104 - LAW ENFORCEMENT SUPPORT SERVICES

Current through Register Vol. 39, No. 2, July 15, 2024
Law Enforcement Support Services shall:
(1) confirm all kits held or received into
				its custody have tracking labels;
(2) enter tracking data in accordance with
				System guidelines; and
(3) track
				the subsequent transfer of any kit to a law enforcement agency in the
				System.
Authority
				  G.S.
				  114-65;
Eff. April 1,
				  2021.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 19 - STATEWIDE SEXUAL ASSAULT EVIDENCE COLLECTION KIT TRACKING SYSTEM › Subchapter B - COVERED ENTITY TRACKING REQUIREMENTS › Section 19B .0105 - FORENSIC LABORATORIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any forensic
				laboratory in this State that takes custody of a kit for purposes of conducting
				forensic testing shall:
(1) Enter the
				transfer and receipt of the kit in the tracking System in accordance with
				System guidelines;
(2) Enter all
				data on the examination in accordance with System guidelines; and
(3) Enter the transfer of the kit back to the
				submitting law enforcement agency in the tracking System in accordance with
				System guidelines.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 19 - STATEWIDE SEXUAL ASSAULT EVIDENCE COLLECTION KIT TRACKING SYSTEM › Subchapter B - COVERED ENTITY TRACKING REQUIREMENTS › Section 19B .0106 - PREVIOUSLY UNTESTED KITS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each
				covered entity's local administrator shall contact the Statewide System
				Administrator to obtain tracking labels designated for previously untested
				kits.
(b) Covered entities shall
				comply with System guidelines for submitting data to be used by the Statewide
				System Administrator to enter previously untested kits in their custody in the
				tracking System.
Authority
				  G.S.
				  114-65;
Eff. April 1,
				  2021.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 19 - STATEWIDE SEXUAL ASSAULT EVIDENCE COLLECTION KIT TRACKING SYSTEM › Subchapter C - COMPLIANCE › Section 19C .0101 - DEFICIENCY CORRECTION AND SANCTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				Statewide System Administrator shall give written or oral notice to any covered
				entity out of compliance
with the rules of this Chapter. The notice shall
				  include:
(1) identification of the
				deficiency; and
(2) notice that the
				deficiency must be corrected within 10 business days following
				notification.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 01 - DEPARTMENTAL RULES › Subchapter A - GENERAL ORGANIZATION › Section .0100 - GENERAL › Section 01A .0101 - REPEALED - DEPARTMENT HEAD

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143A-11;
					 143B-279.1;
Eff.
					 February 1, 1976;
Amended Eff. October 1, 1984; February 23,
					 1979;
Transferred from T15.01A .0001 Eff. November 1,
					 1989;
Amended Eff. March 1, 1990;
Repealed Eff. August
					 1, 2012.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 01 - DEPARTMENTAL RULES › Subchapter A - GENERAL ORGANIZATION › Section .0100 - GENERAL › Section 01A .0102 - HOW TO CONTACT THE DEPARTMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  The Headquarters of the Department is located in the Environment and Natural
				  Resources Building, Raleigh, North Carolina. The mailing address of the
				  Department is 1601 Mail Service Center, Raleigh, North Carolina 27699-1601. The
				  toll free telephone number is (877)623-6748. All citizens wishing to contact
				  the Department are urged to make initial contact through the regional manager
				  at the nearest regional office. Information regarding the location of the
				  regional offices is available through the following website:
				  http://portal.ncdenr.org/web/guest/contacts.
Authority
					 G.S.
					 143B-10(b);
Eff.
					 February 1, 1976;
Amended Eff. October 1, 1984; February 23,
					 1979;
Transferred from T15.01A .0004 Eff. November 1,
					 1989;
Amended Eff. October 1, 2012; March 1, 1990;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. November 12,
					 2014.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 01 - DEPARTMENTAL RULES › Subchapter A - GENERAL ORGANIZATION › Section .0100 - GENERAL › Section 01A .0103 - REPEALED - COUNCILS AND COMMITTEES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143B-10(d);
Eff.
					 February 1, 1976;
Amended Eff. October 1, 1984; February 23,
					 1979;
Transferred from T15.01A .0009 Eff. November 1,
					 1989;
Repealed Eff. August 1,
					 2012.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 01 - DEPARTMENTAL RULES › Subchapter B - GENERAL ADMINISTRATION › Section .0100 - RULEMAKING › Section 01B .0101 - REPEALED - MODEL RULES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143B-10(j);
					 150B-11;
					 150B-14(c);
Eff. August 1, 1982;
Amended Eff. May 1, 1988; October 1,
					 1984;
Transferred from T15.01B .0120 Eff. November 1,
					 1989;
Amended Eff. March 1, 1990;
Repealed Eff. August
					 1, 2012.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 01 - DEPARTMENTAL RULES › Subchapter B - GENERAL ADMINISTRATION › Section .0200 - CONTESTED CASE HEARING PROCEDURES › Section 01B .0201-.0204

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143B-10;
					 150B-2(2);
					 150B-11;
					 150B-23(a);
					 150B-36;
Eff.
					 February 1, 1976;
Readopted (w/change) Eff. October 31,
					 1980;
Legislative Objection Lodged Eff. July 20, 1982;
Amended Eff. March 1, 1983; August 1, 1982;
Objection Removed Eff.
					 March 9, 1983;
Amended Eff. September 1, 1988; August 1, 1988; July
					 1, 1988;
Transferred from T15.01B .0201 Eff. November 1,
					 1989;
Transferred from T15.01B .0202 Eff. November 1,
					 1989;
Transferred from T15.01B .0204 Eff. November 1,
					 1989;
Transferred from T15.01B .0221 Eff. November 1,
					 1989;
Amended Eff. March 1, 1990;
Repealed Eff. August
					 1, 2012.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 01 - DEPARTMENTAL RULES › Subchapter B - GENERAL ADMINISTRATION › Section .0300 - PURCHASING AND CONTRACTING › Section 01B .0301-.0302

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143B-10;
Eff. February 1,
					 1976;
Readopted (w/change) Eff. August 1, 1982;
Amended
					 Eff. October 1, 1984;
Transferred from T15.01B .0401 Eff. November
					 1, 1989;
Transferred from T15.01B .0402 Eff. November 1,
					 1989;
Amended Eff. March 1, 1990;
Repealed Eff. August
					 1, 2012.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 01 - DEPARTMENTAL RULES › Subchapter B - GENERAL ADMINISTRATION › Section .0300 - PURCHASING AND CONTRACTING › Section 01B .0303 - REPEALED - CONCESSION CONTRACTS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143B-10;
					 143-49(2),(3),(4);
					 143-53;
					 143B-276;
Eff.
					 August 1, 1982;
Amended Eff. October 1, 1984;
Transferred from T15.01B .0407 Eff. November 1, 1989;
Repealed Eff.
					 August 1, 2012.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 01 - DEPARTMENTAL RULES › Subchapter B - GENERAL ADMINISTRATION › Section .0400 - PUBLIC RECORDS › Section 01B .0401-.0402

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 132-1;
					 132-1.1;
					 132-2;
					 132-6;
					 132-9;
					 143B-10(j);
					 150B-11;
Eff. August
					 1, 1982;
Amended Eff. July 1, 1988; October 1, 1984;
Transferred from T15.01B .0607 Eff. November 1, 1989;
Transferred
					 from T15.01B .0608 Eff. November 1, 1989;
Amended Eff. March 1,
					 1990;
Repealed Eff. August 1,
					 2012.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 01 - DEPARTMENTAL RULES › Subchapter C - CONFORMITY WITH NORTH CAROLINA ENVIRONMENTAL POLICY ACT › Section .0100 - GENERAL PROVISIONS › Section 01C .0101 - STATEMENT OF PURPOSE, POLICY, AND SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  The purpose of the rules in this Subchapter is to establish procedures within
				  the Department of Environmental Quality (DEQ) related to the North Carolina
				  Environmental Policy Act (NCEPA).
(b) Environmental documents shall be
				  available to public officials and citizens before decisions are made and before
				  actions are taken. The information shall be reliable and sufficient to allow
				  selection among alternatives.
(c)
				  The Secretary is the "responsible state official" for DEQ. The Secretary may
				  delegate responsibility for the implementation of the NCEPA to staff.
(d) The provisions of the rules in this
				  Subchapter, the Department of Administration's rules (01 NCAC
				  25), and the NCEPA shall be read together as
				  a whole in order to comply with the spirit and letter of the law.
(e) These Rules establish minimum criteria to
				  determine when preparation of an environmental document is not required when
				  DEQ is the state project agency.
Authority
					 G.S.
					 113A-2;
					 113A-6;
					 113A-9;
					 143B-10;
Eff. August
					 1, 1989;
Transferred from T15.01D .0201 Eff. November 1,
					 1989;
Amended Eff. April 1, 2003; August 1, 1996; March 1,
					 1990;
Readopted Eff. June 1,
					 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 01 - DEPARTMENTAL RULES › Subchapter C - CONFORMITY WITH NORTH CAROLINA ENVIRONMENTAL POLICY ACT › Section .0100 - GENERAL PROVISIONS › Section 01C .0102 - REPEALED - AGENCY COMPLIANCE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113A-2;
					 113A-5;
					 113A-6;
					 113A-10;
					 143B-10;
Eff. August
					 1, 1989;
Transferred from T15.01D .0202 Eff. November 1,
					 1989;
Amended Eff. March 1, 1990;
Repealed Eff. April
					 1, 2003.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 01 - DEPARTMENTAL RULES › Subchapter C - CONFORMITY WITH NORTH CAROLINA ENVIRONMENTAL POLICY ACT › Section .0100 - GENERAL PROVISIONS › Section 01C .0104 - AGENCY COMPLIANCE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) DEQ shall
				  interpret the provisions of the NCEPA as a supplement to its existing authority
				  and as a mandate to view its policies and programs in the light of the NCEPA's
				  comprehensive environmental objectives.
(b) As part of making a decision on a project
				  for which an environmental document has been prepared, DEQ shall review the
				  document and incorporate it as part of continuing deliberations. The resulting
				  decision shall be made after weighing all of the impacts and mitigation
				  measures presented in the environmental document, which shall become part of
				  the decision-making record.
Authority
					 G.S.
					 113A-2;
					 113A-5;
					 113A-6;
					 113A-10;
					 143B-10;
Eff. April
					 1, 2003;
Readopted Eff. June 1,
					 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 01 - DEPARTMENTAL RULES › Subchapter C - CONFORMITY WITH NORTH CAROLINA ENVIRONMENTAL POLICY ACT › Section .0100 - GENERAL PROVISIONS › Section 01C .0105 - LEAD AND COOPERATING DIVISIONS RESPONSIBILITY

Current through Register Vol. 39, No. 2, July 15, 2024
Where DEQ is the state project agency and more than one of
					 its divisions must issue a permit or other authorization for the project
					 requiring review under NCEPA, the Secretary shall appoint a lead division to be
					 responsible for preparation of the environmental document. The lead and
					 cooperating divisions' responsibilities shall be established by the
					 Secretary.
Authority
					 G.S.
					 113A-2;
					 113A-4;
					 113A-6;
					 113A-7;
					 143B-10;
Eff. April
					 1, 2003;
Readopted Eff. June 1,
					 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 01 - DEPARTMENTAL RULES › Subchapter C - CONFORMITY WITH NORTH CAROLINA ENVIRONMENTAL POLICY ACT › Section .0100 - GENERAL PROVISIONS › Section 01C .0106 - SCOPING AND HEARINGS

Current through Register Vol. 39, No. 2, July 15, 2024
When DEQ is the state project agency, DEQ shall utilize
					 scoping and hearing processes to the extent appropriate to the complexity,
					 potential for environmental effects, and level of expressed interest associated
					 with the proposed action. Scoping and hearing processes are public processes
					 designed to determine the types of environmental issues to be addressed in
					 environmental documents. They are open processes intended to obtain the view of
					 other agencies and the public in order for state agencies to make informed
					 decisions.
Authority
					 G.S.
					 113A-2;
					 113A-4;
					 113A-6;
					 143B-10;
Eff. April
					 1, 2003;
Readopted Eff. June 1,
					 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 01 - DEPARTMENTAL RULES › Subchapter C - CONFORMITY WITH NORTH CAROLINA ENVIRONMENTAL POLICY ACT › Section .0100 - GENERAL PROVISIONS › Section 01C .0107 - LIMITATION ON ACTIONS DURING NCEPA PROCESS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) If
				  an environmental document is required under NCEPA, DEQ shall not undertake an
				  action until the environmental document for that action is final.
(b) If DEQ is considering a proposed action
				  for which an environmental document is to be or is being prepared under NCEPA,
				  DEQ shall promptly notify the applicant that DEQ cannot take final action until
				  the environmental document is completed and available for use as a
				  decision-making tool. The notification shall be consistent with the statutory
				  and regulatory requirements of DEQ and may be in the form of a notification
				  that the application is incomplete.
(c) When a program within DEQ decides that a
				  proposed action, for which other DEQ actions are pending or have been taken,
				  requires environmental documentation, then that program shall promptly notify
				  all the other relevant DEQ programs of the decision.
(d) When statutory and regulatory
				  requirements prevent DEQ from suspending action, DEQ shall deny any action for
				  which it determines an environmental document is required under NCEPA but not
				  yet available as a decision-making tool.
Authority
					 G.S.
					 113A-2;
					 113A-4;
					 113A-6;
					 113A-7;
					 143B-10;
Eff. April
					 1, 2003;
Readopted Eff. June 1,
					 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 01 - DEPARTMENTAL RULES › Subchapter C - CONFORMITY WITH NORTH CAROLINA ENVIRONMENTAL POLICY ACT › Section .0100 - GENERAL PROVISIONS › Section 01C .0108 - EMERGENCIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) If there is an
				  immediate threat to public health, safety, and welfare, DEQ may take otherwise
				  lawful actions with potential environmental effects without preparing an
				  environmental document. In those emergency circumstances, DEQ shall limit
				  actions to those necessary to control and mitigate for the immediate threat to
				  the public health, safety, and welfare.
(b) DEQ may prepare and maintain
				  environmental documents for repetitive emergency programs affecting the public
				  to review the scope of involved activities, identify specific effects to be
				  expected, and identify mitigation measures that can be employed.
Authority
					 G.S.
					 113A-4;
					 113A-6;
					 113A-7;
					 143B-10;
Eff. April
					 1, 2003;
Readopted Eff. June 1,
					 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 01 - DEPARTMENTAL RULES › Subchapter C - CONFORMITY WITH NORTH CAROLINA ENVIRONMENTAL POLICY ACT › Section .0100 - GENERAL PROVISIONS › Section 01C .0109 - PREPARATION OF ENVIRONMENTAL DOCUMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  When DEQ is the state project agency, DEQ may request information from an
				  applicant to prepare an environmental document. DEQ shall independently
				  evaluate the information provided and shall be responsible for its
				  accuracy.
(b) When DEQ is the state
				  project agency, an environmental document may be prepared by a consultant,
				  including the applicant for the action's consultant. If DEQ allows an applicant
				  for the action to prepare an environmental document, DEQ shall furnish guidance
				  and participate in the preparation, and take responsibility for its scope,
				  objectivity, content, and accuracy.
(c) The Environmental Assessment Guidance
				  Document available through the State Clearinghouse provides guidance in
				  preparing environmental documents.
(d) When DEQ is the state project agency, the
				  content and finalization of an environmental document shall comply with NCEPA,
				  DEQ's rules, and the Department of Administration's rules (01 NCAC
				  25).
Authority
					 G.S.
					 113A-4;
					 113A-5;
					 113A-6;
					 113A-9;
					 143B-10;
Eff. April
					 1, 2003;
Readopted Eff. June 1,
					 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 01 - DEPARTMENTAL RULES › Subchapter C - CONFORMITY WITH NORTH CAROLINA ENVIRONMENTAL POLICY ACT › Section .0200 - INTEGRATION WITH AGENCY ACTIVITY › Section 01C .0201-.0204

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113A-2;
					 113A-4;
					 113A-6;
					 113A-7;
					 113A-8;
					 113A-9;
					 143B-10;
Eff. August
					 1, 1989;
Transferred from T15.01D .0301; .0302; .0303; .0304 Eff.
					 November 1, 1989;
Amended Eff. March 1, 1990;
Repealed
					 Eff. April 1, 2003.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 01 - DEPARTMENTAL RULES › Subchapter C - CONFORMITY WITH NORTH CAROLINA ENVIRONMENTAL POLICY ACT › Section .0200 - INTEGRATION WITH AGENCY ACTIVITY › Section 01C .0205 - IMPLEMENTATION

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113A-2;
					 113A-4;
					 113A-5;
					 113A-6;
					 143B-10;
Eff. April
					 1, 2003;
Repealed Eff. June 1,
					 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 01 - DEPARTMENTAL RULES › Subchapter C - CONFORMITY WITH NORTH CAROLINA ENVIRONMENTAL POLICY ACT › Section .0200 - INTEGRATION WITH AGENCY ACTIVITY › Section 01C .0206 - WHEN TO PREPARE ENVIRONMENTAL DOCUMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  When an environmental document is required under NCEPA and DEQ is the state
				  project agency, DEQ shall prepare an environmental document unless the action
				  falls below the minimum criteria set forth in Section .0400 of this Subchapter.
				  As described in
				  15A NCAC
				  01C .0306, the Secretary may require
				  preparation of an environmental document that would otherwise not be required
				  through application of DEQ's minimum criteria.
(b) An environmental assessment is not
				  necessary if DEQ has decided to prepare an environmental impact
				  statement.
(c) DEQ shall ensure
				  that the activity that is the subject of the environmental document is properly
				  defined. Closely connected activities should be reviewed together. Closely
				  connected activities include:
(1) activities
				  that automatically trigger other activities that may require environmental
				  impact statements;
(2) activities
				  that cannot or will not proceed unless other activities occur either previously
				  or simultaneously; and
(3)
				  activities that are interdependent parts of a larger plan of development and
				  depend on the larger plan of development for justification.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 01 - DEPARTMENTAL RULES › Subchapter C - CONFORMITY WITH NORTH CAROLINA ENVIRONMENTAL POLICY ACT › Section .0200 - INTEGRATION WITH AGENCY ACTIVITY › Section 01C .0207 - INCORPORATION BY REFERENCE

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  DEQ shall incorporate material into environmental documents by reference to cut
				  down on bulk without impeding DEQ and public reviews of the action. The
				  incorporated material shall be cited in the document and its contents briefly
				  described.
(b)
				  Incorporated-by-reference material shall be made available by the applicant for
				  inspection by reviewers and potentially interested persons within the time
				  allowed for comment.
Authority
					 G.S.
					 113A-4;
					 113A-6;
					 113A-10;
					 143B-10;
Eff. April
					 1, 2003;
Readopted Eff. June 1,
					 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 01 - DEPARTMENTAL RULES › Subchapter C - CONFORMITY WITH NORTH CAROLINA ENVIRONMENTAL POLICY ACT › Section .0200 - INTEGRATION WITH AGENCY ACTIVITY › Section 01C .0208 - INCOMPLETE OR UNAVAILABLE INFORMATION

Current through Register Vol. 39, No. 2, July 15, 2024
(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.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 01 - DEPARTMENTAL RULES › Subchapter C - CONFORMITY WITH NORTH CAROLINA ENVIRONMENTAL POLICY ACT › Section .0300 - SPECIAL CIRCUMSTANCES › Section 01C .0301-.0303

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113A-2;
					 113A-4;
					 113A-5;
					 113A-6;
					 113A-10;
					 143B-10;
Eff. August
					 1, 1989;
Transferred from T15.01D .0401; .0402; .0403 Eff. November
					 1, 1989;
Amended Eff. March 1, 1990;
Repealed Eff.
					 April 1, 2003.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 01 - DEPARTMENTAL RULES › Subchapter C - CONFORMITY WITH NORTH CAROLINA ENVIRONMENTAL POLICY ACT › Section .0300 - SPECIAL CIRCUMSTANCES › Section 01C .0304 - REPEALED - ACTIVITIES ABOVE THE MINIMUM CRITERIA

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113A-2;
					 113A-4;
					 113A-6;
					 113A-11;
					 143B-10;
Eff. April
					 1, 2003;
Repealed Eff. June 1,
					 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 01 - DEPARTMENTAL RULES › Subchapter C - CONFORMITY WITH NORTH CAROLINA ENVIRONMENTAL POLICY ACT › Section .0300 - SPECIAL CIRCUMSTANCES › Section 01C .0305 - ACTIVITIES UNDERTAKEN BY DEQ

Current through Register Vol. 39, No. 2, July 15, 2024
The following activities, when undertaken by DEQ, shall
					 require preparation of an environmental document unless they satisfy the
					 minimum criteria set out in Section .0400 of this Subchapter.
(1) Construction of facilities or
				  infrastructures on lands and waters owned or managed by DEQ.
(2) Demolition of or additions,
				  rehabilitation, and or renovations to a structure listed in the National
				  Register of Historic Places or more than 50 years of age except where agreement
				  exists with the Department of Natural and Cultural Resources that the structure
				  lacks architectural or historical significance.
(3) Ground disturbances involving National
				  Register listed archaeological sites or areas around buildings 50 years old or
				  older, except where agreement exists with the Department of Natural and
				  Cultural Resources.
Authority
					 G.S.
					 113A-4;
					 113A-6;
					 113A-8;
					 113A-9;
					 113A-10;
					 143B-10;
Eff. April
					 1, 2003;
Readopted Eff. June 1,
					 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 01 - DEPARTMENTAL RULES › Subchapter C - CONFORMITY WITH NORTH CAROLINA ENVIRONMENTAL POLICY ACT › Section .0300 - SPECIAL CIRCUMSTANCES › Section 01C .0306 - ACTIVITIES OF A SPECIAL NATURE

Current through Register Vol. 39, No. 2, July 15, 2024
The Secretary may require preparation of an environmental
					 document that would otherwise not be required through application of DEQ's
					 minimum criteria if the Secretary determines:
(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;
(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;
(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 DEQ or expressed to DEQ.
Authority
					 G.S.
					 113A-4;
					 113A-6;
					 113A-9;
					 113A-10;
					 113A-11;
					 113A-12;
					 143B-10;
Eff. April
					 1, 2003;
Readopted Eff. June 1,
					 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 01 - DEPARTMENTAL RULES › Subchapter C - CONFORMITY WITH NORTH CAROLINA ENVIRONMENTAL POLICY ACT › Section .0400 - MINIMUM CRITERIA › Section 01C .0401-.0404

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113A-2;
					 113A-4;
					 113A-5;
					 113A-6;
					 113A-7;
					 113A-9;
					 143B-10;
Eff. August
					 1, 1989;
Transferred from T15.01D .0501; .0502; .0503; .0504 Eff.
					 November 1, 1989;
Amended Eff. March 1, 1990;
Temporary
					 Amendment Eff. August 1, 2000;
Amended Eff. April 1,
					 2001;
Repealed Eff. April 1,
					 2003.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 01 - DEPARTMENTAL RULES › Subchapter C - CONFORMITY WITH NORTH CAROLINA ENVIRONMENTAL POLICY ACT › Section .0400 - MINIMUM CRITERIA › Section 01C .0405 - PURPOSE OF THE MINIMUM CRITERIA THRESHOLDS

Current through Register Vol. 39, No. 2, July 15, 2024
If NCEPA requires preparation of an environmental document
					 and DEQ is the state project agency, the minimum criteria set forth in this
					 Section determine when preparation of an environmental document is not required
					 because the action or class of actions have no significant long-term impact on
					 the environment. An activity shall satisfy each applicable minimum criteria
					 threshold to maintain this status. As set out in Rule .0306 of this Subchapter,
					 the Secretary may require preparation of an environmental document that would
					 otherwise not be required through application of DEQ's minimum
					 criteria.
Authority
					 G.S.
					 113A-2;
					 113A-4;
					 113A-6;
					 113A-11;
					 143B-10;
Eff. April
					 1, 2003;
Readopted Eff. June 1,
					 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 01 - DEPARTMENTAL RULES › Subchapter C - CONFORMITY WITH NORTH CAROLINA ENVIRONMENTAL POLICY ACT › Section .0400 - MINIMUM CRITERIA › Section 01C .0406 - SAMPLING, SURVEY, MONITORING, AND RELATED RESEARCH ACTIVITIES

Current through Register Vol. 39, No. 2, July 15, 2024
Sampling, survey, monitoring and research activities do not
					 require the preparation of environmental documents. These activities include,
					 but are not limited to the following:
(1) Aerial photography projects involving the
				  photographing or mapping of the lands of the state;
(2) Biology sampling and monitoring of:
(a) Fisheries resources through the use of
				  traditional commercial fishing gear, electricity, and rotenone; and
(b) Wildlife resources through the use of
				  traditional techniques, including but not limited to traps, drugs, and
				  firearms;
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 01 - DEPARTMENTAL RULES › Subchapter C - CONFORMITY WITH NORTH CAROLINA ENVIRONMENTAL POLICY ACT › Section .0400 - MINIMUM CRITERIA › Section 01C .0407 - STANDARD MAINTENANCE OR REPAIR ACTIVITIES

Current through Register Vol. 39, No. 2, July 15, 2024
Standard maintenance or repair activities, if needed to
					 maintain the originally defined function of an existing project or facility
					 (but without expansion, increase in quantity, decrease in quality, use, or
					 release of hazardous waste), do not require the preparation of environmental
					 documents. These activities include but are not limited to maintenance and
					 repair of the following:
(1)
				  Housekeeping projects that maintain a facility's original condition and
				  physical features, including re-roofing and minor alterations where in-kind
				  materials and techniques are used. This also encompasses structures 50 years of
				  age and older and for which no separate law, rule, or regulation dictates a
				  formal review and approval process;
(2) Roads, bridges, parking lots, and their
				  related facilities;
(3) Utilities
				  on their existing rights-of-way;
(4) Surface drainage systems;
(5) Boat ramps, docks, piers, bulkheads, rip
				  rap, breakwaters and associated facilities;
(6) Diked, high ground dredge-material
				  disposal areas;
(7) Activities
				  necessary to fulfill the existing requirements of in-effect permits for the
				  protection of the environment and human health;
(8) Other maintenance and repair activities
				  on projects that are consistent with previously approved environmental
				  documents; and
(9) Routine grounds
				  maintenance and landscaping of sidewalks, trails, walls, gates, and related
				  facilities, including outdoor exhibits.
Authority
					 G.S.
					 113A-4;
					 113A-6;
					 113A-9;
					 113A-10;
					 113A-11;
					 113A-12;
					 143B-10;
Eff. April
					 1, 2003;
Readopted Eff. June 1,
					 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 01 - DEPARTMENTAL RULES › Subchapter C - CONFORMITY WITH NORTH CAROLINA ENVIRONMENTAL POLICY ACT › Section .0400 - MINIMUM CRITERIA › Section 01C .0408 - MINOR CONSTRUCTION ACTIVITIES

Current through Register Vol. 39, No. 2, July 15, 2024
This Rule sets out the general and specific minimum
					 criteria for construction activities. Construction and land disturbing
					 activities that satisfy both the general minimum criteria and any specific
					 minimum criteria applicable to the project do not require preparation of
					 environmental documents.
(1) General
				  criteria.
(a) In the 20 coastal counties, land
				  disturbing activity that:
(i) is located more
				  than 575 feet away from waters classified as High Quality Waters (HQW) or
				  impacts less than five acres located all or in part within 575 feet of waters
				  classified as High Quality Waters (HQW);
(ii) is located outside of any Outstanding
				  Resource Waters (ORW) watershed or area that requires specific management
				  actions to protect ORW waters as defined in
				  15A NCAC
				  02B .0225; and
(iii) impacts less than five acres located in
				  any Outstanding Resource Waters (ORW) watershed or in any area that requires
				  specific management actions to protect ORW waters as defined in
				  15A NCAC
				  02B .0225.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 01 - DEPARTMENTAL RULES › Subchapter C - CONFORMITY WITH NORTH CAROLINA ENVIRONMENTAL POLICY ACT › Section .0400 - MINIMUM CRITERIA › Section 01C .0410 - PRIVATE USE OF PUBLIC LANDS

Current through Register Vol. 39, No. 2, July 15, 2024
Activities related to the private use of public lands, when
					 conducted in accordance with permit requirements, do not require the
					 preparation of environmental documents. These activities include but are not
					 limited to the following:
(1) use of
				  pound nets;
(2) shellfish, relaying
				  and transplanting;
(3) harvest of
				  shellfish during closed season;
(4)
				  special fisheries management activities under
				  15A NCAC
				  03O .0506;
(5) aquaculture operations within coastal
				  waters;
(6) scientific collecting
				  within coastal waters;
(7)
				  introduction and transfer of marine and estuarine organisms.
Authority
					 G.S.
					 113A-4;
					 113A-6;
					 113A-9;
					 113A-10;
					 113A-11;
					 113A-12;
					 143B-10;
Eff. April
					 1, 2003;
Readopted Eff. June 1,
					 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 01 - DEPARTMENTAL RULES › Subchapter C - CONFORMITY WITH NORTH CAROLINA ENVIRONMENTAL POLICY ACT › Section .0400 - MINIMUM CRITERIA › Section 01C .0411 - REMEDIATION ACTIVITIES

Current through Register Vol. 39, No. 2, July 15, 2024
Activities that seek to clean up, remove, remediate, abate,
					 contain, or otherwise protect public health or the environment from the effect
					 of contamination released to the environment do not require the preparation of
					 environmental documents.
Authority
					 G.S.
					 113A-4;
					 113A-6;
					 113A-9;
					 113A-10;
					 113A-11;
					 113A-12;
					 143B-10;
Eff. April
					 1, 2003;
Readopted Eff. June 1,
					 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 01 - DEPARTMENTAL RULES › Subchapter C - CONFORMITY WITH NORTH CAROLINA ENVIRONMENTAL POLICY ACT › Section .0400 - MINIMUM CRITERIA › Section 01C .0412 - EXPIRED - HURRICANE RELIEF ACTIVITY WITH MINIMUM POTENTIAL FOR ENVIRONMENTAL EFFECTS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113A-4;
					 113A-6;
					 113A-11;
					 143B-10;
Emergency
					 Adoption Eff. April 25, 2005;
Temporary Adoption Eff. July 29,
					 2005;
Temporary Adoption Expired on May 12,
					 2006.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 01 - DEPARTMENTAL RULES › Subchapter C - CONFORMITY WITH NORTH CAROLINA ENVIRONMENTAL POLICY ACT › Section .0500 - MINIMUM CRITERIA › Section 01C .0501-.0503

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113A-2;
					 113A-4;
					 113A-6;
					 113A-9;
					 113A-10;
					 113A-11;
					 113A-12;
					 143B-10;
Eff. August
					 1, 1989;
Transferred from T15.01D .0601; .0602; .0603 Eff. November
					 1, 1989;
Amended Eff. August 1, 1996; March 1, 1990;
Repealed Eff. April 1, 2003.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 01 - DEPARTMENTAL RULES › Subchapter C - CONFORMITY WITH NORTH CAROLINA ENVIRONMENTAL POLICY ACT › Section .0500 - MINIMUM CRITERIA › Section 01C .0504 - REPEALED - NON-MAJOR ACTIVITY

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113A-4;
					 113A-6;
					 113A-9;
					 113A-10;
					 113A-11;
					 113A-12;
					 143B-10;
Eff. August
					 1, 1989;
Transferred from T15.01D .0604 Eff. November 1,
					 1989;
Temporary Amendment Eff. December 7, 1992 for a Period of 180
					 Days or Until the Permanent Rule Becomes Effective, Whichever is
					 Sooner;
Amended Eff. August 1, 1996; March 1, 1993;
Repealed Eff. April 1, 2003.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 01 - DEPARTMENTAL RULES › Subchapter C - CONFORMITY WITH NORTH CAROLINA ENVIRONMENTAL POLICY ACT › Section .0500 - MINIMUM CRITERIA › Section 01C .0505 - NON-MAJOR HURRICANE RELIEF ACTIVITY

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 113A-4;
					 113A-6;
					 113A-11;
					 143B-10; S.L. Ex. Session
					 1999-463, Part IV, c.463, s. 4;
Temporary Adoption Eff. February 4,
					 2000 to expire on January 1, 2003;
Temporary Adoption expired
					 January 1, 2003.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 01 - DEPARTMENTAL RULES › Subchapter D - PROJECT CERTIFICATION RELATING TO INDUSTRIAL AND PRIVATE POLLUTION CONTROL REVENUE BONDS › Section .0100 - PURPOSE AND DEFINITIONS › Section 01D .0101 - EXPIRED - PURPOSE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 159C-7;
Eff. June 16,
					 1977;
Amended Eff. March 1, 1990; July 1, 1988;
Expired
					 Eff. May 1, 2017 pursuant to
					 G.S.
					 150B-21.3A.