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~' TO4:18 .0200 ~. ECD - N.C. II,.tZ,'IRDOUS W.,ISTE MAN.,IGEMENT COMMISSION SECI'ION .0200 - SITE SELECI'ION CRITERIA .0201 INTRODLICTION · ~ The roles contained in this Section set forth the criteria wlftch the Commission will consider in se- lecting a site for lhe location of a facility. In seleetiOg tltis site the Conunlssion must compl~ with the ~ siting criteria set forth in 10 NCAC 10F and G.S. 130B. Thc rules contained in lifts Section set forth ~ additional criteria to be considered by the Commission in evaluating and selecting a site for the facility tn accordance with G.S. 130B. The written justification for the criteria contained in these rules is available from the Commission at the mailing address se~ out in 4 NCAC 18.0103. History Note: Filed asa Temporary Rule Eft. September 25, 1989 For a Period of 180 Days to Expire on March 25, 1990; Statutory Authority G.S. 130B-7(a)(5); 150B-13. .0202 SITE LOCATION EXCLUSIONS (a) Prior to consideration of the factors set out at G.S. 130B-I l(b)(I) through (8), the Comm~ssiou shall exclude areas of the state for consideration in the seleetinn of suitable sites for a facility, based upon and consistent v3ith all applicab e federal and state law, inc uding statutes regulations and rules. The C~mmission shall con~ider the follmving criteria wirier are consistent with G.S. 130B-I l(c), 10 NCAC 10F and Subchapter 1 of Title 40 of the Code of Federal Regulalions, as part of the statewide (1) A location shall not be selected to be placed upon an inland lake. Lakes of 200 acres or more will be indicated and removed froru further consideration during thc I'trst statewide screening process; (2) A location shall not be selected to be placed upon an upland bog or pocosin as identified or mapped by Duke University Wetlands Center, or upon marsh or swan~p as shown by United States Geological Service 1:100,000 series topo~aphic maps. Locations of 200 acres or more will be indicated'and removed from further consideration during the fu'st.statewide screening (3) A location shall not be selected lo be placed in a coastal hurricane storm surge or inundation area. defined as the maxhnum hurricane storm surge or umndatinn area in the llurricane Evac- uation Study for Coastal North Carolina (U.S. Army Corps of Engineers, 1987); (4) A location shall not be se!ected to be placed witldn 25 miles of an existing polyclflorinated biphenyl (PCB] landfill; (5) A location shall not be selected to be placed greater Ihan 60 miles, measured in a straight line, from thi~ Interstate llighwa~t System hi Noah Carolina; (6) A localion shall not be selected to be placed within 0.25 miles of a fault wlftch has had dis- placement during llolocene time as delennined under 10 NCAC 10F .0032(c) and Appendix VI of 40 CFR Part 264, or within 0.25 miles of the epicenter of a seismic went of a magnitude greater than tlc-ce as measured by the Modified Mercalfi Intensity Scale of 1931; (7) A location shall not be selected to be placed upon a 100-year'floodplahr; (8) A location shall not be selected to be placed upon wetlands within the meaning of Section 404 of the federal Clean Water Act, 33 U.S.C. 1251, et seq., ,and defined at 33 C.I:.R. 328.3; (9) A location shall not be selecled 16 be placed within 0.25 miles of licensed and existing prisons, jails, hospitals, nursing homes, day care centers, nurseries and schools. Existing shall mean m operation prior to September 25 i989 (b) For purposes of G.S. 130B-II(c)(l) and (2) and tiffs Section, Interstate lfighway System shall mean those highways existing as of Seplember 25, 1989, and those with a proposed cbmpletion date on m before the first day of operation of the facility. For purposes of G.S. 130B-I 1(c)(3): (c01) Existing state or national parks or forests shall be those areas wtftch are in existence as of Sep- tember 25, 1989, and shall include wilderness areas, the State Nature and llistofie Preserve, public recreation areas or areas which the state-may be authorized to preserve, conserve, or protect under Article XIV;Section 5 of the North Carolina Constitution; existing sites that have been acquired for any of the same, as identified by the Secretary of the Depaamcnt of Envi- runment, llealth, and Natural P, esources: and proposed sites for any of the same, as identified by the Secreta~ of the Dep:mmant of Environment, llealth, and Natural Resources, provided NORTII CAROLINA ADMINISTRA TIIZE CODE 01131190 Poge I