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SEPA-Environmental Review Document
The North Carolina (or State) Environmental Policy Act of 1971 (SEPA) requires state agencies to review and report the environmental effects of all activities that involve an action by a state agency, an expenditure of public monies or private use of public land, and have a potential negative environmental effect upon natural resources, public health and safety, natural beauty, or historical or cultural elements of the state.
Includes all expenditures used in the construction phase(s) of the project in support of the proposed activity by federal, state, or local public or quasi-public entities (1A NCAC 25 .0108). Tax credits or incentives that are available after the facility is operating do not activate SEPA.
Defining "detrimental environmental effect"
Defining the potential impact a project or activity may have on the environment and other resources is difficult. This determination is necessary to evaluate the applicability of SEPA and the type of environmental document(s) that must be prepared.
DENR has developed rules establishing minimum criteria (please see 15A NCAC 01C .0503 - .0505) based on the size and type of project or activity. Generally, an environmental document will not be required for any project or activity that falls below the minimum criteria. If the project or activity exceeds the established minimum criteria, or if there are questions regarding the applicability of SEPA, please contact the DENR lead agency for guidance.
Every state agency with the responsibility of funding or approving a publicly funded project is responsible for complying with the State Environmental Policy Act. There are other departments of state government that have established minimum criteria and specific thresholds. These additional agencies are as follows: Department of Administration, Department of Cultural Resources, Department of Transportation, University of North Carolina, and the Community College Sytem. To review these agencies' established minimum criteria, please visit here. Proposed projects which fall below these minimum criteria do not require environmental analyses.
If a project has federal involvement, it may require the preparation of a report under the National Environmental Policy Act (NEPA). If a report has been prepared for NEPA, and submitted for review through the State Clearinghouse process, then additional filing under SEPA is not required.
To Prepare an Environmental Assessment (EA) or Environmental Impact Statement (EIS)
For a proposed project or activity, an Environmental Assessment (EA) or an Environmental Impact Statement (EIS) must be prepared. Generally, an environmental assessment is prepared for a proposed project or activity. If the environmental document does not satisfy a Finding of No Significant Impact (FONSI), then an EIS must be prepared. Thus, if it is known prior to document preparation that a project will have significant impacts, an EIS can be prepared initially.
If a project or activity will require an environmental document, but there are questions as to the type of environmental document that must be prepared, please contact the appropriate agency for guidance.
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N.C. Division of Environmental Assistance and Customer Service • Mailing Address: 1639 Mail Service Center, Raleigh, NC 27699-1639 • Physical Address: 217 W. Jones Street, Raleigh, NC 27603 • Toll Free: (877) 623-6748