North Carolina General Statutes 113A-119.2. Review of offshore fossil fuel facilities
(a) In addition to the definitions set out in N.C. Gen. Stat. § 113A-103, as used in this section, the following definitions shall apply:
(1) “Coastal fishing waters” has the same meaning as in N.C. Gen. Stat. § 113-129
Terms Used In North Carolina General Statutes 113A-119.2
- Coastal area: means the counties that (in whole or in part) are adjacent to, adjoining, intersected by or bounded by the Atlantic Ocean (extending offshore to the limits of State jurisdiction, as may be identified by rule of the Commission for purposes of this Article, but in no event less than three geographical miles offshore) or any coastal sound. See North Carolina General Statutes 113A-103
- Commission: means the Coastal Resources Commission created by N. See North Carolina General Statutes 113A-103
- Development: means any activity in a duly designated area of environmental concern (except as provided in paragraph b of this subdivision) involving, requiring, or consisting of the construction or enlargement of a structure; excavation; dredging; filling; dumping; removal of clay, silt, sand, gravel or minerals; bulkheading, driving of pilings; clearing or alteration of land as an adjunct of construction; alteration or removal of sand dunes; alteration of the shore, bank, or bottom of the Atlantic Ocean or any sound, bay, river, creek, stream, lake, or canal; or placement of a floating structure in an area of environmental concern identified in N. See North Carolina General Statutes 113A-103
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
(2) “Discharge” has the same meaning as in N.C. Gen. Stat. § 143-215.77
(3) “Offshore fossil fuel facility” means those facilities for the exploration, development, or production of oil or natural gas which, because of their size, magnitude, or scope of impacts, have the potential to affect any land or water use or natural resource of the coastal area. For purposes of this definition, offshore fossil fuel facilities shall include, but are not limited to:
a. Structures, including drill ships and floating platforms and structures relocated from other states or countries, located in coastal fishing waters.
b. Any equipment associated with a structure described in sub-subdivision a. of this subdivision, including, but not limited to, pipelines and vessels that are used to carry, transport, or transfer oil, natural gas, liquid natural gas, liquid propane gas, or synthetic gas.
c. Onshore support or staging facilities associated with a structure described in sub-subdivision a. of this subdivision.
(4) “Oil” has the same meaning as in N.C. Gen. Stat. § 143-215.77
(b) In addition to any other information necessary to determine consistency with State guidelines adopted pursuant to N.C. Gen. Stat. § 113A-107, the following information is required for the review of an offshore fossil fuel facility located in coastal fishing waters:
(1) All information required to be included in an Exploration Plan required pursuant to Subpart B of Part 250 of 30 C.F.R. (July 1, 2009 edition).
(2) All information required to be included in an Oil-Spill Response Plan required pursuant to Subpart B of Part 254 of 30 C.F.R. (July 1, 2009 edition).
(3) An assessment of alternatives to the proposed offshore fossil fuel facility that would minimize the likelihood of an unauthorized discharge.
(4) An assessment of the potential for an unauthorized discharge to cause temporary or permanent violations of the federal and State water quality standards, including the antidegradation policy adopted pursuant to section 303(d) of the federal Clean Water Act (33 U.S.C. § 1313(d)).
(5) Any other information that the Commission determines necessary for consistency review. (2010-179, s. 2.)