North Carolina Administrative Code

SECTION .0500 - ENVIRONMENTAL ASSESSMENT 01 NCAC 25 .0501 PURPOSE The purpose of the EA is to provide the State Project Agency with a decision making tool to determine if a planned project is of such significance or scope and impact on the environment as to require the preparatio…

01 NCAC 25 .0502 CONTENT The EA shall include maps and a brief discussion of the following items: (1) need for the proposed activity, (2) reasonable alternatives to the recommended course of action, (3) methods proposed to mitigate or avoid significant adverse environmental impac…

01 NCAC 25 .0503 FORMAT An EA is to be a concise document not to exceed 25 pages, containing the following: (1) A cover sheet including the name, address and telephone number of the person in the State Project Agency who can supply additional information. The cover sheet shall al…

01 NCAC 25 .0504 INTERNAL REVIEW (a) Once an EA is prepared, the State Project Agency must decide if it is satisfied as to the completeness of its assessment. If no significant environmental impacts are predicted, the agency may then submit both the EA and FONSI to the Clearingho…

01 NCAC 25 .0505 CONTENT OF FONSI A FONSI shall contain the following information: (1) a brief narrative description of the proposed activity including a description of the area affected by the proposed activity and a site location map, where appropriate; (2) a list of probable e…

01 NCAC 25 .0506 REVIEW PROCESS (a) The State Project Agency must submit 16 copies of the EA and FONSI to the Clearinghouse, and any additional copies as may be requested. The Clearinghouse shall circulate these documents to state and local officials to obtain comments and shall …

SECTION .0600 - ENVIRONMENTAL IMPACT STATEMENTS 01 NCAC 25 .0601 PURPOSE The primary purpose of an EIS is to serve as a decision-making tool to ensure that the purposes and policies defined in G.S. 113A, Article 1 are given full consideration in the ongoing programs and actions o…

01 NCAC 25 .0602 SCOPING If an agency determines that an EIS is required on a project, it may choose to request advice from the general public and other agencies on what alternatives and issues should be addressed in the EIS. The agency must submit a copy of a scoping notice to t…

01 NCAC 25 .0603 FORMAT AND CONTENT Agencies shall use a format for EIS's which will encourage good analysis and clear presentation of all alternatives, including the proposed activity while minimizing length and complexity. These documents shall not exceed 60 pages and shall inc…

01 NCAC 25 .0604 PUBLIC HEARING The State Project Agency may hold a public hearing to complement the EIS process where significant public interest is expressed in the proposed activity and where such a hearing would be helpful in increasing public awareness, clarifying the issues…

01 NCAC 25 .0605 REVIEW PROCESS (a) Draft EIS. Sixteen copies and any additional copies as may be requested shall be submitted by the State Project Agency and circulated for comment by the Clearinghouse as set out in Rule .0506 of this Chapter. A Notice of Availability of the EIS…

01 NCAC 25 .0606 RECORD OF DECISION At the time of its decision to take an action for which an EIS was prepared as a decision-making tool, the responsible agency shall prepare a concise public record of decision not to exceed 4 pages in length. The record may be integrated into a…

SECTION .0700 - PROCEDURE FOR RECONSIDERATION OF MINIMUM CRITERIA 01 NCAC 25 .0701 ACTIONS WHICH MAY BE RECONSIDERED Any state or local agency or citizen may request a reconsideration of the rejection or acceptance of minimum criteria. History Note: Authority G.S. 113A-11; Eff. F…

01 NCAC 25 .0702 PROCEDURE FOR RECONSIDERATION All requests for reconsideration must be in written form, and shall be directed to the Secretary of the Department of Administration and the Director of the Clearinghouse. The request must be made within 30 days after the completion …

01 NCAC 25 .0703 DECISION OF THE SECRETARY FINAL In reconsidering any matter pursuant to this Section, the Secretary of the Department of Administration may seek the advice of the Environmental Policy Act Advisory Committee. The Secretary of the Department of Administration shall…

01 NCAC 25 .0704 RECONSIDERATION NOT A CONTESTED CASE A request for reconsideration under this Rule shall not be considered a contested case under G.S. 150B-2(2). History Note: Authority G.S. 113A-1 through 113A-20; 143B-10; Eff. February 1, 1986; Amended Eff. August 1, 1988; Pur…

SECTION .0800 - MAJOR DEVELOPMENT PROJECTS 01 NCAC 25 .0801 SCOPE Local governing bodies, under the provisions of G.S. 113A-8 may require by ordinance environmental documentation from special-purpose units of government and private developers of major projects. This Section estab…

01 NCAC 25 .0802 PROCESS (a) Upon the request of the local government, state agencies with jurisdiction by law or special expertise shall advise on matters related to the environmental documentation. This is not to relieve the local government of their responsibility under G.S. 1…

SECTION .0900 - GOVERNOR'S REVIEW 01 NCAC 25 .0901 REVIEW BY GOVERNOR In those specific cases where the environmental document indicates a major adverse environmental impact for which alternatives are not available, the Governor shall be so advised by the responsible state offici…

01 NCAC 26B .0104 FORMS AND INSTRUCTIONS The following forms and instructions are used by the Veterans Affairs Commission (the "Commission" for purposes of this Subchapter) to administer scholarships for children of war veterans, pursuant to G.S. Chapter 165, Article 4. Forms req…

01 NCAC 26B .0105 WHERE TO OBTAIN FORMS All forms may be obtained from the Office of the North Carolina Division of Veterans Affairs or electronically at http://www.nc4vets.com/nc-program. History Note: Authority G.S. 143B-1220 through 143B-1222; Eff. February 1, 1976; Readopted …

01 NCAC 26B .0106 DELEGATION OF AUTHORITY The Veterans Affairs Commission delegates to the Assistant Secretary for Veterans Affairs the responsibility for obtaining information and making recommendations of applications for scholarship awards which the Commission administers. The…

01 NCAC 26B .0206 RESPONSIBILITY OF THE SCHOLARSHIP RECIPIENT All obligations in excess of the amount payable by the state are the responsibility of the scholarship recipient. History Note: Authority G.S. 143B-1220 through 143B-1227; Eff. February 1, 1976; Readopted Eff. February…

01 NCAC 26B .0207 AWARD LETTERS (a) When a scholarship is awarded, an award letter is sent to the recipient and to the educational institution which the recipient intends to enter. The award letter stipulates the amount of the award for a nine-month academic year and further stat…

01 NCAC 26B .0208 TRANSFER BY RECIPIENT Whenever a recipient desires to transfer to another institution, the division of veterans affairs authorizes the scholarship transfer only after receiving assurance that the recipient is accepted at the other institution. Educational instit…

01 NCAC 26B .0209 NATURE OF THE SCHOLARSHIPS The extent or scope of the scholarship benefit falls into one of two groupings which, for administrative convenience, are usually referred to as "full" and "limited." The award letter, a copy of which is furnished to the institution, c…

01 NCAC 26B .0210 TUITION: ROOM: BOARD AND MANDATORY FEES (a) The cost of tuition for the course of study selected by the scholarship recipient is a proper charge against the state. (b) Reasonable Board Allowance (1) Charges against the state for reasonable boarding charges are a…

01 NCAC 26B .0211 MANNER OF PAYMENT BY THE STATE TO PRIVATE INSTITUTIONS (a) No advance payments will be made in behalf of scholarship recipients. All payments will be made at the end of each quarter, semester, or other academic term upon a proper billing as prescribed in Rule .0…

01 NCAC 26B .0212 MANNER OF PAYMENT BY THE STATE TO PUBLIC INSTITUTIONS All reimbursements will be made at the end of each quarter, semester or other academic term upon a proper billing from the institution. Therefore, all billings and reimbursements and all deductions from remai…

01 NCAC 26B .0213 WHEN A RECIPIENT LEAVES A PUBLIC INSTITUTION In those cases where the student is willing to "write off" the term and have it deducted from his remaining scholarship eligibility time, the division of veterans affairs will honor reimbursement billings and the term…

01 NCAC 26B .0214 WHEN A RECIPIENT LEAVES A PRIVATE INSTITUTION If, for any reason, a scholarship recipient drops out of school before the completion of a semester, quarter or other academic period upon which billing is based, and if the payment made by the state for such period …

01 NCAC 26B .0215 BILLING PROCEDURES FOR PRIVATE INSTITUTIONS (a) At the end of each academic term, bills or statements from private educational institutions should be sent in triplicate to the division of veterans affairs, Raleigh. (b) No format is prescribed and the bill may be…

01 NCAC 26B .0216 BILLING PROCEDURES FOR PUBLIC INSTITUTIONS Bills or statements for each academic term from public educational institutions must be sent in triplicate to the division of veterans affairs, at its Raleigh address. The following information is required for each bill…

SUBCHAPTER 26C - ISSUANCE OF THE NORTH CAROLINA SERVICES MEDAL 01 NCAC 26C .0101 SERVICE REQUIREMENT The veteran must have served in the Armed Forces on full time active duty during a period of war as defined by U.S. Code Title 38, paragraph 101(6)-(12). History Note: Authority G…

01 NCAC 26C .0102 RESIDENCE REQUIREMENT The residence requirement for award of the medal is a veteran who was a legal resident of North Carolina at time of entrance into the Armed Forces. History Note: Authority G.S. 143B-1220 through 143B-1227; Eff. July 1, 1993; Pursuant to G.S…

01 NCAC 26C .0103 VETERAN STATUS REQUIREMENT The veteran must have been discharged or released from the Armed Forces under conditions other than Dishonorable. History Note: Authority G.S. 143B-1220 through 143B-1227; Eff. July 1, 1993; Pursuant to G.S. 150B-21.3A, rule is necessa…

01 NCAC 26C .0104 APPLICATION TIMETABLE The veteran must apply for the medal within five years of the date these medals are made available, or five years from date of discharge or release from the Armed Forces. History Note: Authority G.S. 143B-1220 through 143B-1227; Eff. July 1…

01 NCAC 26C .0105 FEE The award shall be self-financing. Those who wish to be awarded the medal shall pay a fee as set by the North Carolina Division of Veterans Affairs (NCDVA) to cover the expense of producing and awarding the medal. The fee shall not exceed thirty dollars ($30…

01 NCAC 26C .0106 MINIMUM REQUIREMENT No medal will be struck until a minimum of twenty-five thousand dollars ($25,000) has been received to pay for the initial design, striking, and production fees of the first 500 medals. History Note: Authority G.S. 143B-1220 through 143B-1227…

01 NCAC 26C .0107 APPLICATION FORM The NCDVA will develop an application form to be used to apply for the North Carolina Services Medals. The application must be submitted to the NCDVA with proof of eligibility and appropriate fees. History Note: Authority G.S. 143B-1220 through …

01 NCAC 26C .0108 NEXT-OF-KIN The next-of-kin may apply for this medal if the eligible veteran is deceased. History Note: Authority G.S. 143B-1220 through 143B-1227; Eff. July 1, 1993; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. Februar…

CHAPTER 30 - STATE CONSTRUCTION SUBCHAPTER 30A - DIVISION OF STATE CONSTRUCTION SECTION .0100 - GENERAL PROVISIONS 01 NCAC 30A .0101 SCOPE The regulations and policies set forth in this Chapter shall apply to the construction, renovation or alteration of all physical properties o…

01 NCAC 30A .0104 DECLARATORY RULING Any request for a determination regarding the application of any division rule to a specific factual situation will be directed to the Director of the Division of State Construction. The request for a ruling will follow the rules of the Depart…

SECTION .0200 - CONTRACTS AND BUDGET CONTROL OFFICE 01 NCAC 30A .0201 RESPONSIBILITIES The contracts and budget control office of the division of state construction shall be responsible for assisting agencies with advance planning of capital improvements projects, budget preparat…

01 NCAC 30A .0205 FORM OF REQUESTS Institutions and agencies planning to request appropriations for capital improvements shall use Form OC-25, "Proposed Capital Improvement Project," and forward a copy of each request to the division of state construction for verification of cost…

01 NCAC 30A .0206 PREPARATION OF DESIGN CONTRACT Preparation of design contracts is a function of the division of state construction which will furnish advice and assistance to the institution, department or agency in selection of designers, if requested. Design contracts will no…

01 NCAC 30A .0207 DESCRIPTION OF DESIGN CONTRACT All contracts for design shall be executed on Form OC-22. Form OC-22 represents an agreement between an owner and a designer for the purpose of establishing the terms under which the designer will furnish to the owner plans and spe…

01 NCAC 30A .0208 PLANNING PROCEDURES History Note: Authority G.S. 143-31.1; 143-341(3); 143B-10; Eff. February 27, 1979; Expired Eff. August 1, 2018 pursuant to G.S. 150B-21.3A.

01 NCAC 30A .0209 CONTRACT CONDITIONS History Note: Authority G.S. 143-31.1; 143-341(3); 143B-10; Eff. February 27, 1979; Repealed Eff. June 1, 1986.

01 NCAC 30A .0210 IMPLEMENT LIFE CYCLE COST: ENERGY CONSUMPTION ANALYSIS Form OC-20, "Implementation of Life Cycle Cost and Energy Consumption Analysis," becomes a part of the design contract, when applicable, in accordance with North Carolina General Statutes 143-64.10 to 143-64…