Current through Register Vol. 39, No. 6, September 16, 2024
(a) If
the Secretary determines the application is incomplete under Rule .0104(d) of
this Section, the Secretary shall within 60 days of its receipt describe in
writing to the applicant how the application is incomplete. The applicant
shall, within 60 days, submit such additional information relating to the oil
refining facility for the application to be complete. If the application is
complete, the Secretary shall so advise the applicant in writing within 60 days
of its receipt.
(b) Within 30 days
of giving notice to the applicant of a completed application, in accordance
with Paragraph (a) of this Rule, the Secretary shall give notice of the
application and of a public hearing to be held pursuant to Rule .0106 of this
Subchapter to all of the following state agencies and other persons:
(1) the North Carolina Coastal Resources
Commission;
(2) the North Carolina
Department of Commerce;
(3) the
North Carolina Department of Natural and Cultural Resources;
(4) the North Carolina Environmental
Management Commission;
(5) the
North Carolina Forest Service;
(6)
the North Carolina Department of Health and Human Services;
(7) the North Carolina Marine Fisheries
Commission;
(8) the North Carolina
Department of Transportation;
(9)
the North Carolina State Ports Authority;
(10) the North Carolina Wildlife Resources
Commission;
(11) the Boards of
County Commissioners for the county in which the oil refining facility is
located or is proposed to be located and for contiguous counties;
(12) the governing body of any incorporated
municipality within 50 miles of the oil refining facility;
(13) any person whose name is on the mailing
list required in Rule .0111 of this Section;
(14) any owner of real property which is
contiguous to the site of the oil refining facility; and
(15) the applicant.
(c) The notice Paragraph (b) of this Rule
requires shall contain the following information:
(1) The title "Notice of Application for Oil
Refining Facility Permit," and a statement that the purpose of the notice is to
obtain information or comments to assist the Secretary in assessing the effects
of the oil refining facility on the environment.
(2) The name and address of the applicants
and a brief description of the name, character, location, and capacity of the
oil refining facility for which the permit is sought.
(3) A summary of the analysis of effects
submitted in the application under Rule .0104(c) of this Section.
(4) An invitation to persons who may be
interested or affected by the facility to present, either in writing or at the
public hearing held pursuant to Rule .0106 of this Section, their information
or comments concerning the impacts of the construction and operation of the oil
refining facility, including the effects of the transfer of oil to and from the
facility, on the environment.
(5) A
statement that written information or comments may be submitted to the
Secretary at a specified address at any time until 30 days after the close of
the public hearing on the application.
(6) An announcement of the date, time, and
place of the public hearing held pursuant to Rule .0106 of this
Section.
(7) A list of the state
agencies that may review and comment on the application pursuant to Paragraph
(b) of this Rule and the date by which the agencies' comments shall be
submitted to the Secretary, which shall be within 45 days of the date the
notice is issued.
(8) The address
on the Department's website at which anyone may review the complete
application.
(9) A reference to the
particular sections of the North Carolina General Statutes and the North
Carolina Administrative Code applicable to the issuance or denial of oil
refining facility permits.
(10) A
description of the nature of the hearing and the rules that shall govern its
conduct.
(11) The name, email
address, and telephone number of a department official from whom additional
information may be obtained.
(d) The Secretary shall arrange for the
publication of the notice in a regularly published newspaper of general
circulation:
(1) in the county containing the
site of the oil refining facility; and
(2) in contiguous counties.
Authority
G.S.
143-215.101;
Eff. June 16,
1980;
Amended Eff. March 1, 1990; July 1, 1988; October 1,
1984.
