Why do we care about a CE?

The State Environmental Policy Act [G.S. 113A - SEPA] and the implementing regulations [15A NCAC 1C] require state or local governments to perform an environmental review before spending public money (including local money) for "major projects."  Luckily, many small projects are excluded from the definition of "major project."  These small projects (including most projects that receive state financial assistance) are eligible for categorical exclusion (CE).  The CE represents the lowest level of environmental review that a project can be subject to.

This is a big webpage.  Isn't there something simpler?

What is a CE?

What are the requirements for a CE?

• Potable water system projects including the construction of new wells for water supply purposes [15A NCAC 1C .0504 (3)(b)(i)] with associated groundwater withdrawals of less than 1,000,000 gallons per day where such withdrawals are not expected to cause a significant alteration in established land use patterns, or degradation of groundwater or surface water quality [1C .0504 (3)(c)];
• Other potable water system projects including the following:
• Improvements to water treatment plants that involve less than 1,000,000 gallons per day added capacity and design withdrawal less than one fifth of the 7-day, 10-year low flow of the contributing stream [1C .0504 (3)(b)(ii)];
• Improvements not intended to add capacity to the facility [1C .0504 (3)(b)(iii)];
• Installation of water lines in proposed or existing rights-of-way for streets or utilities, or new water lines less than five miles in length [1C .0504 (3)(b)(iv)] and
• Construction of water tanks, or booster pumping or re-chlorination pump stations [1C .0504 (3)(b)(iv)]; or
• Dams less than 25 feet in height and having less than 50 acre-feet or storage capacity [1C .0504 (3)(i)].

• The proposed activity may have a potential for significant adverse effects on wetlands, parklands, prime or unique agricultural lands, or areas of recognized scenic, recreational, archaeological, or historical value including indirect effects; or would threaten a habitat identified on the Department of Interior's or the state's threatened and endangered species lists [1C .0503(1)].
• The proposed activity could cause significant changes in industrial, commercial, residential, agricultural, or silvicultural land use concentrations or distributions which would be expected to create adverse water quality, air quality, or ground water impacts; or affect long-term recreational benefits, shellfish, wildlife, or their natural habitats [1C .0503(2)].
• The proposed activity has indirect effect, or is part of cumulative effects, 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 [1C .0503(3)].
• 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 agency [1C .0503(4)].

• any land disturbing activities within a High Quality Water Zone or Trout Water Buffer Zones that will disturb more than five acres at any one time [1C .0504(3)(j)], or
• any new building that will have a footprint of more than 10,000 square feet, is on the National Register as an archeological site, or will be used to store hazardous waste [1C .0504(3)(k)].

Wow, that's a lot.  Are there any other restrictions?

Federally funded drinking water projects can be eligible for CE under the state environmental review procedures (SERP) negotiated between North Carolina and USEPA.  The wording of the list of exclusions is identical to the 1C .0504 list above, with the following important notes on interpretation:

1. If the project involves more than five miles (26,400 linear feet) of new lines, even if constructed in existing right of way, USEPA does not recognize it as eligible for federally recognized CE.  If your project includes more than five miles of new waterlines, you must submit an environmental assessment to be considered for the DWSRF program.
2. Dam projects are ineligible for federally recognized CE.  Please note that the only type of dams eligible for DWSRF funding in the first place are off-stream raw water reservoirs for pre-treatment purposes.

How do I get a categorical exclusion?

1. If your project seeks approval of plans and specifications, but does not seek state financial assistance, then you do not need to take any action.  The plans and specifications review engineer will determine if the project requires an EA.
2. If your project seeks state financial assistance, follow the steps below:

1. Determine that you meet the exclusions in 1C .0504.
2. Confirm that you do not meet any of the unusual conditions in 1C .0503 or .0504.
3. Submit a completed copy of the Request for Categorical Exclusion Form along with your application for assistance.
4. If you are requesting federal funding for a project that is eligible for categorical exclusion (including the additional federal restrictions), please read the Factsheet: Instructions for Applicants Seeking a Federal Categorical Exclusion for important additional information on the process.  In summary, you will need to forward favorable comment letters from the North Carolina Department of Cultural Resources, the U.S. Army Corps of Engineers, and the U.S. Fish & Wildlife Service.

What happens next?

For State Financial Assistance

For Federal Financial Assistance (e.g., DWSRF loans)

• You are required to publish, at your own expense, public notice of the final determination.  Please publish the notice one time in a local newspaper of community-wide circulation (or, if necessary, in several newspapers, so as to cover the entire geographic area of the project).  The notice should include the entire text of the Final Determination of Categorical Exclusion from Environmental Review.
• After publication, please forward the proof-of-publication (typically an affidavit of publication and a newspaper clipping) to the address in the Final Determination of Categorical Exclusion from Environmental Review.

Once PWS receives the proof-of-publication, the environmental review process is complete for both state and federal funding.
 

What if the project is not eligible for CE?

Home               For comments or questions about this page:  E-mail Vincent Tomaino