The
UNC Policy Manual
600.6.2[R]
Adopted
05/05/97
Amended
10/09/09
I. Purpose. The
purpose of this memorandum is to establish for the constituent institutions of
the University of North Carolina minimum criteria for minor operations or
small, routine facilities projects at or below which no filing of environmental
documents will be required. The goal is
to ensure adequate protection to the environment while facilitating the many
routine operations and small maintenance, repair, or construction projects at
the constituent institutions by allowing separation of activities with a high
potential for environmental effects (major) from those with only a minimum
potential (nonmajor).
II. Background. Section
.300, Chapter 25 of the Administrative Procedures for the North Carolina
Environmental Policy Act (NCEPA) allows State agencies to prepare minimum
criteria for exemption of minor, routine projects from the requirements of
NCEPA. Specifically, the procedure
states that “a state agency may establish specific criteria designating minimum
levels of environmental impact.” No
filing of environmental documentation under the NCEPA review procedures is
required for actions which do not exceed such levels. The provisions which allow environmental
documentation not to be filed do not in any way provide exception to the
consideration process leading to a decision regarding an activity falling
within or outside the minimum criteria thresholds and the potential impact on
the environment of such activity; as such, the provisions of this document do
not remove the requirement for a project or activity to meet all appropriate
and relevant federal, State, and local environmental regulatory requirements.
III. Delegation of
Authority. Chancellors of the constituent institutions are responsible for the
implementation of these policies with respect to their individual
campuses. For projects which apply to
facilities directly under the control of General Administration, the Vice
President for Finance shall be responsible to the President for the
implementation of these policies.
Each
chancellor, the Vice President for Finance, or their designees shall interpret
the provisions of the NCEPA to require that policies and programs be considered
in the light of the NCEPA’s comprehensive environmental objectives, except
where existing law applicable to the operations expressly prohibits compliance
or makes compliance impossible.
IV. General Criteria
for Major or Nonroutine Activities. The following criteria is intended to
provide guidance concerning the definition and handling of actions which have
potential for impact on the environment and, therefore, are to be considered
for filing of an environmental assessment of appropriate level.
A. Major activities will include those
activities which exist or have the potential to exist at a level greater than
those otherwise excluded by minimum (nonmajor) criteria.
B. Major activities will include
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 Cultural Resources that
the structure lacks architectural or historical significance.
C. Major activities will include ground
disturbances involving National Register of Historic Places listed
archaeological sites or areas around buildings 50 years old or older except
where agreement exists with the Department of Cultural Resources.
D. Major activities taken after
preparation of and in conformance with a master plan, management plan, or
capital project for which an environmental document was completed, may require
an environmental impact statement, an environmental assessment, a finding of no
significant impact, or a record of decision.
Determination of which type of document is most appropriate will be made
after considering:
1. The need for updating information in
the earlier, broader document as it relates to current conditions and the
proposed activity, and
2. The specificity and sufficiency of
the earlier, broader document in addressing the effects of the proposed
activity.
E. An item which does not fall within
the broad definition of a major activity in all probability will fit the
definition of a non-major activity as described below. Persons who have responsibility for the
determination concerning an activity falling within the major or non-major
category also have responsibility as to the impact on the environment of such
activity. The definitions are not fixed
criteria but rather are guidelines to be applied by the person with whom the
ultimate decision rests concerning appropriate environmental study and documentation.
V. Nonmajor
Activity. The following minimum criteria are established as an indicator of the
types and classes of thresholds of activity at and below which environmental
documentation under the NCEPA is not required.
The Vice President for Finance or individual chancellors may require
environmental documentation for activities that would otherwise qualify under
these minimum criteria thresholds.
A. Standard maintenance or repair
activities or facility operations needed to maintain the originally defined
function of a project or facility including but not limited to the following:
1. Routine repairs and housekeeping
projects which maintain a facility’s original condition and physical features,
including but not limited to 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. Any single action which involves relocation
of students, faculty, or staff from or into a site using existing university
buildings or leased buildings for which the building occupancy classification
is not changed.
3. Routine disposal operations of
hazardous chemicals, asbestos, or other environmentally sensitive operations
for which a written procedure has been established, reviewed by appropriate
authority, and determined to be in consonance with environmental law.
4. The use of chemicals for boiler
feedwater treatment, cooling tower water treatment, pesticides, herbicides,
cleaning solvents, and other chemical products which may be considered
environmentally sensitive, provided the materials are stored and utilized in
keeping with the applicable Material Safety Data Sheet (MSDS).
5. The handling of asbestos incident to
a repair, maintenance, or minor construction project provided that the amount
of asbestos material is removed, stored, disposed, and handled in accordance
with published Department of Environmental Health and Natural Resources
procedures for processing asbestos.
6. Routine grounds maintenance and
landscaping and grounds construction such as sidewalks, trails, walls, foot
bridges, gates, and related facilities including outdoor exhibits.
7. Maintenance activities to roads, bridges,
parking lots, and their related facilities.
Note, this applies to routine maintenance operations and not to
extension or expansion of the facility.
8. Maintenance and repair of utilities
on their existing rights-of-way.
9. Surface drainage systems, including
modifications which reduce the discharge of freshwater or otherwise mitigate
existing negative environmental effects.
10. Boat ramps, docks, piers, bulkheads,
and associated facilities - when constructed in accordance with 15ANCAC
12C.0300.
11. Activities necessary to fulfill the
existing requirements of in-effect permits for the protection of the
environment and human health.
12. Other maintenance and repair activities
on projects which are consistent with previously approved environmental documents.
B. Sampling survey, monitoring, and
related research activities including but 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;
b. Wildlife resources through the use
of traditional techniques, including but not limited a to traps, drugs, and
firearms; and
c. woodland using standard approved
forestry monitoring and techniques.
3. Soil survey
projects involving the sampling or mapping of the soils of the state.
4. Establishing stream gauging stations
for the purpose of measuring water flow at a particular site.
5. Placement of monitoring wells for
the purpose of measuring groundwater levels, quantity, or quality.
6. Gathering surface or subsurface
information on the geology, minerals, or energy resources of the state.
7. Placement and use of geodetic survey
control points.
8. Other routine survey and resource
monitoring activities or other temporary activities required for research into
the environment which have minimum long-term effects.
C. Minor construction, demolition, or
real estate acquisitions activities (except that sensitive areas may require
exceptions to these thresholds) including but not limited to the following:
1. Any new
construction activity meeting the following criteria as appropriate:
a. a building or structure less than
10,000 square feet in footprint and the use of the structure does not involve
the handling or storage of hazardous materials; and/or
b. grading or disturbing less than five
(5) acres of previously undisturbed ground (exclusion of this category does not
in itself preclude development of a sedimentation plan as part of the design).
2. Routine paving or repair of existing
roads and parking lots (provided that no ground disturbance will be involved
necessitating development of a sedimentation plan); and/or
Construction of a two-lane road
of less than 500 feet in length – provided that other laws concerning
siltation/sedimentation plans are observed.
3. Demolition of/or additions,
rehabilitation and/or renovations to a structure not listed in the National
Register of Historic Places or less than 50 years of age.
4. Acquisition of real estate for which
the use of the property does not vary from its intended purpose or function at
the time of acquisition or is consistent with local land-use plans.
5. Potable water
or other utility systems such as the following:
a. construction of new wells for water
supply purposes; and/or
b. improvements to water treatment
plants that involve less than 1,000,000 gallons per day added capacity, or
improvements not intended to add capacity to the facility that have design
withdrawal less than one-fifth of the 7Q10 flow of the contributing stream;
and/or
c. installation of water lines or other
utility lines in proposed or existing rights-of-way for streets or utilities,
or new water lines less than five miles in length; and/or
d. construction of water tanks, booster
pumping, or rechlorination pump stations; and/or
e. sewer line installations not
exceeding minimum criteria of the permitting agency and not located in
sensitive areas.
6. Groundwater withdrawals not
exceeding the minimum criteria of the permitting agency and not located in
sensitive areas.
7. Solid waste
disposal activities such as the following:
a. construction of solid waste management
facilities other than landfills exempt pursuant to N.C.G.S. § 130A-294(a)(4)
which store, treat, process, incinerate, or dispose of less than 350 tons per
day (averaged over one year) of solid waste; and/or
b. disposal of solid waste by land
application on 100 total acres or less and where less than 10 percent (10%) of
the total land application area is converted from a nonplantation forested
area; and/or
c. land-disturbing activities which are
not located within High Quality Waters (HQW) Zones or Trout Water Buffer Zones
and land-disturbing activities that will disturb less than five (5) acres
within a HQW Zone or a Trout Water Buffer Zone.
8. Development activities within Areas
of Environmental Concern (AEC) of the 20-county coastal area which do not
require a Coastal Area Management Act (CAMA) major or minor permit pursuant to
T15A NCAC 7K. Also minor construction
activities may be undertaken in AEC which do not require a Coastal Area
Management Act permit except activities which might require a NCEPA
Environmental Document under provisions of another state approval or
authorization.
9. Development activities within AEC of
the 20-county coastal area which require a CAMA major or minor permit and which
meet all applicable criteria set forth in T15A NCAC 7H-State Guidelines for
Areas of Environmental Concern, except the following:
a. new marinas;
b. new navigation
channels;
c. excavation of materials from aquatic
environments for use for beach nourishment or other purposes not directly
related to approved navigation projects; and
d. any activity which might require a
NCEPA environmental document under provisions of another state approval or
state or local governmental agency requirement.
10. Air emissions of pollutants from a
minor source or modification as defined in 15A NCAC 2D.0503 that are less than
100 tons per year or 250 tons per year as defined therein.
11. Reclamation of underground storage
tanks. Note: The reclamation is considered to be a minor
activity. Consideration of product which
may have leaked from the tank and restoration of groundwater quality is not
authorized for non-consideration by classification as a minor activity.
12. Dams less than 25 feet in height and
having less than 50 acre-feet of storage capacity.
13. Construction or
remodeling of swimming pools.
D. Management
activities including but not limited to the following:
1. Replenishment of shellfish beds
through the placement of seed oysters and/or shellfish clutch on suitable
marine habitats.
2. Creation and enhancement of marine
fisheries habitat through the establishment of artificial reefs in accordance
with the Division of Marine Fisheries’ Artificial Reef Master Plan.
3. Placement of fish attractors and
shelter public waters managed by the N.C. Wildlife Resources Commission.
4. Translocation and stocking of native
or naturalized fish and wildlife in accordance with appropriate agency species
management plans, watershed management plans, or other approved resource
management plans.
5. Reintroduction of native endangered
or threatened species in accordance with State and/or Federal guidelines or
recovery plans.
6. Production of native and
agricultural plant species to create or enhance fish or wildlife habitat and
forest resources, including fertilization, planting, mowing, and burning in
accordance with fisheries, wildlife, and/or forestry management plans.
7. Forest products harvested in
accordance with the National Forest Service or the N.C. Division of Forest
Resources forest products management plans.
8. Reforestation of woodlands in
accordance with the National Forest Service or the N.C. Division of Forest
Resources woodlands management plans.
9. Use of forestry Best Management
Practices to meet the performance standards in Forest Practice Guidelines Related
to Water Quality codified as 15A NCAC 1I.
10. Control of forest or agricultural
insects and disease outbreaks by lawful application of labeled pesticides and
herbicides by licensed applicators on areas of no more than 100 acres.
11. Control of species composition on
managed forest lands as prescribed by approved forest management plans by the
lawful application of herbicides by licensed applicators.
12. Control of aquatic weeds in stream
channels, canals, and other water bodies by the lawful application of labeled
herbicides by licensed applicators on areas of no more than two acres or 25
percent of surface area, whichever is less.
13. Controlled or prescribed burning for
wildlife, timber enhancement, and hazard reduction in accordance with
applicable management plans.
14. Plowing fire lines with tractor plow
units or other mechanized equipment for the purpose of suppressing wildland
(brush, grass, or woodland) fires and prescribed burning.
15. Scooping or dipping water from streams,
lakes, or sounds with aircraft or helicopters for the purpose of suppressing
wildland (brush, grass, or woodland) fires.
16. Drainage projects where the mean
seasonal water table elevation will be lowered less than one foot over an area
of one square mile or less and riparian and wetland areas will not be
permanently affected.
17. Manipulation of water levels in
reservoirs or impoundments in accordance with approved management plans for the
purpose of providing for water supply storage, flood control, recreation, hydroelectric
power, fish and wildlife, and aquatic weed control.
18. Specific modifications in previously
permitted discharges resulting in an increased flow of less than 500,000
gallons per day.
19. Installation of on-farm Best Management
Practices for the N.C. Cost Share Program for Nonpoint Source Pollution Control
codified as 15A NCAC 6E.
20. Continuation of previously permitted
activities where no increase in quantity or decrease in quality is proposed.
21. Acquisition or acceptance of real
property to be retained in a totally natural condition for its environmental
benefits, or to be managed in accordance with plans for which environmental
documents have been approved.
22. Care of all
trees, plants, and groundcovers on public lands.
23. Activities
authorized for control of mosquitoes such as the following:
a. mosquito control water management
work in freshwater streams performed in accordance with “Best Management
Practices for selective clearing and snagging” in Appendix B in Incremental
Effects of Large Woody Debris Removal on Physical Aquaric Habitat, U.S. Army
Corps of Engineers Technical Report EL-92-35 Smith et al. 1992, or other
guidelines reviewed through intergovernmental review processes as set out in
1NCAC.25.0211;
b. mosquito control water management
work in salt marsh environments performed under Open Marsh Water Management
guidelines reviewed through the intergovernmental review process;
c. lawful application of chemicals
approved for mosquito control by the United States Environmental Protection
Agency and the State when performed under the supervision of licensed
operators; and
d. lawful use of
established species to control mosquitoes.
VI. Exceptions to
Minimum (Nonmajor) Criteria. Any activity falling within the parameters of the
minimum criteria set out in this memorandum will not routinely be required to
have environmental documentation under the NCEPA; however, the President,
chancellor, or their designees may determine that environmental documents under
the NCEPA are required in any case where one of the following findings applies
to a proposed activity.
A. The proposed activity could cause
significant changes in industrial, commercial, residential, silviculture, or
agricultural land-use concentrations or distributions which would be expected
to create adverse water quality, air quality, or groundwater impacts, or affect
long-term recreational benefits, shellfish, wildlife, or their natural
habitats.
B. The proposed activity has indirect
effect or is part of cumulative effects not generally covered in the approval
process for state action and that may result in a potential risk to human
health or the environment.
C. The proposed activity is of such an
unusual nature or has such widespread implications that an uncommon concern for
its environmental effects has been expressed to the University or the
constituent institution.
D. The proposed activity may have a
potential for significant, adverse, and direct effects on a “sensitive area”
which include but are not limited to the following:
1. Wetlands delineated by the U.S. Army
Corps of Engineers in accordance with 33 CFR 328.3 and 40 CFR 230.3;
2. Historical and Archeological sites
protected by the National Historic Preservation Act and National Executive
Order 11593 and State Executive Order 16 administered by the N.C. Department of
Cultural Resources;
3. National Historic Landmarks as
designated in accordance with the Historic Site Act at 16 USC 461;
4. State Parks Lands administered in
accordance with N.C.G.S. § 113-44.9;
5. State-Owned Game Lands administered
in accordance with N.C.G.S. § 113-264 and 306(d);
6. State-Owned Forest Land administered
in accordance with N.C.G.S. § 113-22;
7. State Nature Preserves and Dedicated
Natural Areas administered in accordance with N.C.G.S. § 113A-164.1;
8. Primary and Secondary Nurseries
designated in accordance with 15A NCAC 3R.0003 and 10C NCAC .0503, and Critical
Habitat Areas designated in accordance with 15A NCAC 31.0001; and 101 NCAC
.0001 (5);
9. State High-Quality Waters designated
in accordance with 15A NCAC 2B.0201 (d); this includes waters classified as
WS-I, WS-II, SA and ORW (Outstanding Resource Waters):
10. State Natural and Scenic Rivers
designated in accordance with N.C.G.S. § 113A-30;
11. North Carolina Coastal Reserves
designated in accordance with N.C.G.S. § 113A-129.1;
12. State Lakes administered in accordance
with N.C.G.S. § 146-3; and
13. Lands which contain animal or plant
species protected by the Federal Endangered Species Act (administered by the
U.S. Fish and Wildlife Service), State Endangered and Threatened Wildlife and
Wildlife Species of Special Concern Act (N.C.G.S. § 113-311 administered by the
North Carolina Wildlife Resources Commission), State Plant Protection and Conservation
Act (N.C.G.S. § 106-202.12 administered by the North Carolina Department of
Agriculture).