15A NCAC 01C .0107. LIMITATION ON ACTIONS DURING NCEPA PROCESS

(a)  While work on an environmental document is in progress, no DENR agency shall undertake in the interim any action which might limit the choice among alternatives or otherwise prejudice the ultimate decision on the issue.  A permit approval or other action to approve land disturbing activity or construction of part of the project or action, other than those actions necessary for gathering information needed to prepare the environmental document, limits the choice among alternatives and shall not be approved until the final environmental document for the action is published in the Environmental Bulletin pursuant to 01 NCAC 25 .0212 and adopted by the DENR agency through the procedures established by the Department of Administration’s Rules for administering NC EPA and this Subchapter of the Department's rules.

(b)  If a DENR agency is considering a proposed action for which an environmental document is to be or is being prepared, the DENR agency shall promptly notify the initiating party that the DENR agency cannot take final action until the environmental documentation is completed and available for use as a decision‑making tool.  The notification shall be consistent with the statutory and regulatory requirements of the DENR agency and may be in the form of a notification that the application is incomplete.

(c)  When a DENR agency decides that a proposed activity, for which state actions are pending or have been taken, requires environmental documentation then the DENR agency shall promptly notify all DENR action agencies of the decision.  When statutory and regulatory requirements prevent a DENR agency from suspending action, the DENR agency shall deny any action for which it determines an environmental document is necessary but not yet available as a decision‑making tool.

 

History Note:        Authority G.S. 113A‑2; 113A‑4; 113A‑6; 113A‑7; 143B‑10;

Eff. April 1, 2003.