The following are established as an indicator of the types and classes of thresholds of activities at and below which environmental documentation under the NCEPA is not required:

1. (1) Approval of:

   1. (a) installation of utilities along or across a transportation facility;
   2. (b) grade separated crossings of highways by railroads or highway; or
   3. (c) grading, commercial driveways, and other encroachments on the highway right-of-way;
2. (2) Construction of bicycle and pedestrian lanes, paths, and facilities;
3. (3) Construction of safety projects such as guardrails, grooving, glare screen, safety barriers, and energy attenuators;
4. (4) Installation of noise barriers or alterations to existing public buildings to provide for noise reduction;
5. (5) Landscaping of highway, railroad, and rest area projects;
6. (6) Installation of fencing, signs, pavement markings, small passenger shelters, lighting, traffic signals, and railroad signal systems and warning devices;
7. (7) Repair, rehabilitation, or replacement of a highway or railway facility in general conformance with the original design and alignment, which is commenced immediately after the occurrence of a natural disaster or catastrophic failure, to restore the highway for the health, welfare, or safety of the public;

8. (8) Highway or railway modernization by means of the following activities, which involve less than a total of 10 cumulative acres of ground surface previously undisturbed by highway or railway construction, limited to a single project, noncontiguous to any other project making use of this provision:

   1. (a) resurfacing, restoration, or reconstruction;
   2. (b) adding lanes for travel, parking, weaving, turning, or climbing;
   3. (c) correcting substandard curves and intersections;
   4. (d) adding shoulders or minor widening;
   5. (e) adding or extending passing sidings;
   6. (f) lengthening of railway spirals; or
   7. (g) flattening of railway curves;
9. (9) Reconstruction of existing crossroad or railroad separations and existing stream crossings, including, but not limited to, pipes, culverts, and bridges;
10. (10) Approval of oversized and overweight permits;
11. (11) Approval of outdoor advertising permits;

12. (12) Maintenance or repair of the state highway or railway system to include work such as:

    1. (a) Grading and stabilizing unpaved roads;
    2. (b) Maintaining unpaved shoulders;
    3. (c) Cleaning ditches and culverts;
    4. (d) Patching paved surfaces;
    5. (e) Maintaining bridges;
    6. (f) Removing snow and ice;
    7. (g) Controlling erosion and vegetation growth;
    8. (h) Manufacturing and stockpiling material;
    9. (i) Paving secondary roads; and
    10. (j) Timber and surfacing of rail lines;
13. (13) Assumption of maintenance of roads constructed by others;

14. (14) Making capital improvements constructed at an existing DOT facility that: exceed the threshold planning limits of Title 3 of the Superfund Amendments and Reauthorization

    1. (a) Require less than one acre of exposed, erodible ground surface; and
    2. (b) Require the use of structures which do not involve handling or storing hazardous materials which Act of 1986;
15. (15) Construction of a new two-lane highway in accordance with accepted design practices and DOT standards and specifications involving less than a total of 25 cumulative acres of ground surface limited to a single project, noncontiguous to any other project making use of this provision;
16. (16) Reconstructing, rehabilitating, resurfacing, or maintaining existing runways, taxiways, aircraft aprons, access roads, and automobile parking lots;
17. (17) Constructing, reconstructing, rehabilitating, or upgrading of lighting associated with runways, taxiways, and apron edges; visual approach aids; instrument approach aids; wind indicators; rotating beacons; obstruction lights; area lights; security lights; and the electrical distribution systems and control systems for such facilities;
18. (18) Construction of terminal buildings, railway stations, maintenance buildings, and hangars involving less than five acres of previously undisturbed ground;
19. (19) Acquiring property to meet Federal or State standards, requirements, or recommendations directly relating to aviation safety;
20. (20) Acquiring 10 acres or less of property for future airport development or future railroad development;
21. (21) Construction on existing airport property which has previously been disturbed by clearing, grubbing, or grading on land involving less than 10 acres of exposed, erodible ground surface;
22. (22) Planning airport projects to include master plans, noise and compatibility plans, preliminary construction project plans, and special planning studies such as economic impact studies;
23. (23) Rehabilitating, maintaining, and improving airport drainage systems on airport property to include landscaping and erosion control facilities involving less than five acres of previously undisturbed ground;
24. (24) Purchasing vehicles for mass transportation purposes;
25. (25) Maintaining and improving railroad track and bed in the existing right of way;
26. (26) Implementation of any project which qualifies as a "categorical exclusion" under the National Environmental Policy Act by one of the Agencies of the U.S. Department of Transportation;
27. (27) Acquisition and construction of wetland, stream, and endangered species mitigation sites;
28. (28) Remedial activities involving the removal, treatment or monitoring of soil or groundwater contamination pursuant to state or federal remediation guidelines; and.
29. (29) Other activities, not specifically described above, involving maintenance or repair needed to maintain the original function of an existing project or facility without expansion or change in use; sampling, monitoring, and related data-gathering activities; and construction or land-disturbing activities that impact less than five acres.

History Note: Authority G.S. 113A-9; 113A-11; 143B-10(j);
Temporary Adoption Eff. January 11, 2002;
Eff. April 1, 2003;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.