§ 159G-38. Environmental assessment and public hearing. - North Carolina Statutes

§ 159G‑38.  Environmental assessment and publichearing.

(a)        Required Information. – An application submitted under thisArticle for a loan or grant for a project must state whether the projectrequires an environmental assessment. If the application indicates that anenvironmental assessment is not required, it must identify the exclusion in theNorth Carolina Environmental Policy Act, Article 1 of Chapter 113A of theGeneral Statutes, that applies to the project. If the application does notidentify an exclusion in the North Carolina Environmental Policy Act, it mustinclude an environmental assessment of the project's probable impacts on theenvironment.

(b)        Division Review. – If, after reviewing an application, theDivision of Water Quality or the Division of Environmental Health, asappropriate, determines that a project requires an environmental assessment,the assessment must be submitted before the Division continues its review ofthe application. If, after reviewing an environmental assessment, the Divisionconcludes that an environmental impact statement is required, the Division maynot continue its review of the application until a final environmental impactstatement has been completed and approved as provided in the North CarolinaEnvironmental Policy Act.

(c)        Hearing. – The Division of Water Quality or the Division ofEnvironmental Health, as appropriate, may hold a public hearing on anapplication for a loan or grant under this Article if it determines thatholding a hearing will serve the public interest. An individual who is aresident of any county in which a proposed project is located may submit awritten request for a public hearing. The request must set forth each objectionto the proposed project or other reason for requesting a hearing and mustinclude the name and address of the individual making the request. The Divisionmay consider all written objections to the proposed project, any statementsubmitted with the hearing request, and any significant adverse effects theproposed project may have on the environment. The Division's decision onwhether to hold a hearing is conclusive. The Division must keep all writtenrequests for a hearing on an application as part of the records pertaining tothe application. (2005‑454, s. 3.)