Current through Register Vol. 39, No. 6, September 16, 2024
(a) Applicants and
recipients shall comply with the policies of the National Environmental Policy
Act of 1969 and all other applicable provisions of Federal and State law which
further the purposes of such act (as specified in 24 C.F.R. Part 58). This
Subchapter incorporates by reference 24 CFR Part 58, including subsequent
amendments and editions. Copies of this federal regulation are available for
public inspection from the Division of Community Assistance. Single copies are
available from this Division in Raleigh, North Carolina, for one dollar ($1.00)
each.
(b) Applicants and recipients
shall assume the responsibilities for environmental review, decision-making,
and other actions which would otherwise apply to the Secretary, under NEPA and
other provisions of law which further the purposes of NEPA in accordance with
section 104(f)(4) of Title I of the Housing and Community Development Act of
1974, as amended and the implementing regulations at 24 C.F.R. Part
58.
(c) Applicants and recipients
shall meet the requirements of the following Federal laws and regulations:
(1) The National Environmental Policy Act of
1969 ("NEPA", 42 U.S.C.
4321 et seq.,
P.L.
91-190) which establishes national policy, goals,
and procedures for protecting, restoring and enhancing environmental
quality;
(2) Environmental Review
Procedures for Title I Community Development Block Grant Programs, (24 C.F.R.
Part 58), which sets forth the procedures for carrying out the environmental
responsibilities under NEPA;
(3)
Executive Order 11988, Floodplain Management, May 24, 1977 (42 F.R. 26951 et
seq.);
(4) Executive Order 11990,
Protection of Wetlands, May 24, 1977 (42 F.R. 26961 et seq.);
(5) The Coastal Zone Management Act of 1972,
(16 U.S.C.
1451 et seq.), as amended;
(6) The Safe Drinking Water Act of 1974
(42 U.S.C.
201,
300(f) et seq.,
and 21 U.S.C.
349), as amended, particularly concerning
sole source aquifers;
(7) The
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), as
amended;
(8) The Wild and Scenic
Rivers Act of 1968 (16
U.S.C. 1271 et seq.), as amended;
(9) The Clean Air Act (42 U.S.C.
7401 et seq.);
(10) The Fish and Wildlife Coordination Act
of 1958 as amended, (16
U.S.C. 661 et seq);
(11) The Federal Water Pollution Control Act
(P.L.
92-500);
(12) HUD environmental criteria and standards
(24 C.F.R. Part 51), and the Council on Environmental Quality Standards at 40
C.F.R. Part 1500-1508;
(13) The
National Historic Preservation Act of 1966 (16 U.S.C.
470 et seq.) as amended;
(14) Procedures for the Protection of
Historic and Cultural Properties,
36 CFR
800;
(15) Executive Order 11593, Protection and
Enhancement of the Cultural Environment. May 13, 1971 (36 F.R. 8921 et
seq.);
(16) The Reservoir Salvage
Act of 1960 (16 U.S.C.
469 et seq.); as amended by the
Archaeological and Historic Preservation Act of 1974; and
(17) The Flood Disaster Protection Act of
1973 (42 U.S.C.
4001 et seq.), as amended.
(d) The recipient shall meet the
requirements of the following State laws and rules where they are applicable to
the provisions of this Subchapter:
(1) Chapter
113A of the General Statutes of North Carolina, entitled Pollution Control and
Environment;
(2)
G.S.
143-215.108 which designates the
Environmental Management Commission as the issuing authority for air quality
permits;
(3)
G.S.
143-215.1 which governs water pollution
permits and designates the Environmental Management Commission as the issuing
authority;
(4)
G.S.
121-12, Protection of Properties on the
National Register, which requires consideration of project impact on any
property listed in the National Register; and
(5)
G.S.
70-1 through
70-3, Indian Antiquities laws,
which urges private landowners to refrain from excavation and other actions
leading to the destruction of Indian archaeological sites on their property. It
also requires local governments to report the discovery of artifacts and
refrain from further excavation or construction when excavating or constructing
on public lands.
(e) The
recipient shall obtain all air pollution and water pollution permits for a CDBG
program pursuant to Paragraph (d) of this Rule.
(f) All records and data shall be maintained
pursuant to Rule .0911 of this Subchapter.
Authority
G.S.
143-215.1;
143-215.108;
143B-10;
143B-431; 24 C.F.R. Part 58;
24 C.F.R.
570.487;
42 U.S.C.A. 4321 through 4370;
42 U.S.C.A.
5304(b)(4);
Eff.
July 1, 1982;
Amended Eff. August 1, 1998; June 1, 1993; September
1, 1990; May 1, 1988; October 1, 1984;
Pursuant to
G.S.
150B-21.3A, rule is necessary without
substantive public interest Eff. March 6,
2018.
