North Carolina Administrative Code

CHAPTER 59 - SOIL AND WATER CONSERVATION COMMISSION SUBCHAPTER 59A - ORGANIZATION AND OPERATION Section .0100 - General Provisions 02 NCAC 59A .0101 OBJECTIVES History Note: Authority G.S. 106-840; Eff. February 1, 1976; Amended Eff. August 1, 1982; Transferred from 15A NCAC 06A …

02 NCAC 59A .0102 ADDRESS The Division of Soil and Water Conservation, Department of Agriculture & Consumer Services is located at 216 West Jones Street, Raleigh, North Carolina 27603. The mailing address is 1614 Mail Service Center, Raleigh, North Carolina 27699-1614. History No…

02 NCAC 59A .0103 DEFINITIONS As used in this Chapter: (1) "Association" means the North Carolina Association of Soil and Water Conservation Districts; (2) "Commission" means the Soil and Water Conservation Commission created by G.S. 106-840; (3) "Department" means the Department…

02 NCAC 59A .0104 SUPERVISOR VACANCIES History Note: Authority, G.S. 106-840; Eff. September 1, 1986; Amended Eff. July 1, 1988; Transferred from 15A NCAC 06A .0109 Eff. May 1, 2012; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September…

section - .0200 Supervisor training program 02 NCAC 59A .0201 general (a) Supervisors shall receive training as set forth in this Section regarding soil, water, natural resources conservation, and the duties and responsibilities of Supervisors as set forth in Chapter 139, Article…

02 NCAC 59A .0202 REQUIRED BASIC TRAINING (a) All Supervisors shall complete Basic Training for Soil and Water Conservation District Supervisors. (b) Participation in this required basic training course shall be completed within the first year of service as an elected or appointe…

02 NCAC 59A .0203 Continuing Training requirements (a) All Supervisors shall obtain six Supervisor Training Credits per term of service as set forth in Rule .0204 of this Section. (b) Supervisor Training Credits earned for required training in Rule .0202 of this Subchapter shall …

02 NCAC 59A .0204 Supervisor training credits (a) Supervisor Training Credits shall be assigned as one credit being equal to one hour of instruction that deals with content relevant to the topics included in Paragraph (b) of this Rule. Credits are approved in 15-minute increments…

section .0300 - Supervisor removal 02 NCAC 59A .0301 Supervisor removal procedures and reporting (a) District Supervisors may be removed by the Commission for neglect of duty, incompetence, or malfeasance pursuant to G.S. 139-7. Evidence of neglect of duty shall include the failu…

02 NCAC 59A .0302 Inquiry committee (a) When a Supervisor is considered for removal for neglect of duty, incompetence, or malfeasance as set forth in G.S. 139-7, an Inquiry Committee shall take preliminary actions. Preliminary actions shall include the review of information submi…

SUBCHAPTER 59B - DISTRICT PROGRAMS: REORGANIZATION AND EXPENSES 02 NCAC 59B .0101 STEPS TO BE FOLLOWED IN DIVIDING LARGE DISTRICTS The division of large districts shall proceed as follows: (1) Petition to divide the district submitted by the Board of District Supervisors to the c…

02 NCAC 59B .0102 AUTHORIZATION OF GENERAL EXPENSES FOR GRANT-MATCHING Each district embracing a single county, and each county committee of a district embracing more than one county, has the authority to receive, from the "general expenses" category of the commission budget duri…

02 NCAC 59B .0103 REQUIREMENT FOR DISBURSEMENTS The commission shall not disburse "general expense" funds until the district submits an "Application", Form 203, requesting the funds, properly signed by the chairman of the district or of the county committee, and properly notarize…

02 NCAC 59B .0104 LIMITATION OF FUNDS The districts may not budget or spend general expense funds for: (1) supervisor travel and per diem in excess of those normally paid by the commission; (2) area dues; (3) state association dues; or (4) NACD dues. History Note: Authority G.S. …

SUBCHAPTER 59C - SMALL WATERSHED PROGRAM SECTION .0100 - WATERSHED LOANS 02 NCAC 59C .0101 WATERSHED REVOLVING LOANS (a) Eligibility. The commission may make loans to local sponsors of projects organized or in the process of organizing as: (1) a county watershed improvement progr…

SECTION .0200 - WATERSHED APPLICATIONS 02 NCAC 59C .0201 APPLICATION PROCEDURE The consideration of an application for planning assistance through P.L. 566 shall follow these steps: (1) Application received by the commission. (2) Field examination and study made by watershed plan…

SECTION .0300 - SMALL WATERSHED PLANS 02 NCAC 59C .0301 PROJECTS INVOLVING CHANNELIZATION The commission will evaluate the necessity of channelization in watershed improvements or drainage projects after the completion of a preliminary report. The following process will be used: …

02 NCAC 59C .0302 APPROVAL OF WORKPLANS Approval of workplans shall be as follows: (1) The commission's review will be of completed workplans. (2) The division staff will determine if a workplan supplement constitutes changes necessary for the commission's review. (3) The commiss…

02 NCAC 59C .0303 APPROVALS TO EXERCISE THE POWER OF EMINENT DOMAIN A county and a watershed district may apply to the commission for approvals to exercise the power of eminent domain. Before the commission will approve an applicant's request to condemn land for a proper purpose,…

SECTION .0400 - SMALL WATERSHED GRANTS 02 NCAC 59C .0401 APPLICATIONS (a) An applicant shall submit the application for a project grant on Form 001G, "Application for State Grant Funds and Instruction", and shall complete Form 002Q, "Questionnaire for Determining Review Criteria"…

02 NCAC 59C .0402 LAND RIGHTS ACQUISITION COSTS (a) State grants pursuant to Article 4 Chapter 139 may cover up to fifty percent of land rights acquisition costs for water retarding structure sites which include flood prevention and/or water supply, and for recreation sites. Such…

02 NCAC 59C .0403 ENGINEERING FEES (a) State grants may cover up to fifty percent of the non-federal costs resulting from engineering fees and expenses, however, state grants may not cover any of the costs associated with Drainage District's engineers fees and expenses. (b) State…

02 NCAC 59C .0404 WATER SUPPLY NEEDS (a) State grants may cover up to fifty percent of non-federal project costs, incurred to fulfill future and present water supply needs in conjunction with watershed improvement works, as follows: (1) land rights acquisition costs as described …

02 NCAC 59C .0405 CONSTRUCTION COST FOR WATER MANAGEMENT PURPOSES (a) State grants may cover up to 66 2/3 percent construction costs for water management (drainage and irrigation), excluding all land rights acquisition costs. (b) The following are considered construction costs fo…

02 NCAC 59C .0406 ELIGIBLE PROJECTS (a) Only projects developed under Public Law 83-566 that have a work plan published by the Soil Conservation Service, by cooperating governmental agencies, and by the local sponsors, and that have received approval from the federal government a…

02 NCAC 59C .0407 CONSIDERATIONS FOR REVIEWING APPLICATIONS In reviewing grant applications for Small Watershed projects, the commission shall consider the financial resources of the sponsoring organization, as follows: (1) "cash on hand" to cover local project costs after receip…

02 NCAC 59C .0408 APPROVAL AND DISAPPROVAL OF APPLICATIONS (a) The commission shall approve, approve in part, or disapprove each application received. (b) The commission shall notify each applicant of its decision within 90 days of receipt of the application. (c) Rejected applica…

02 NCAC 59C .0409 PRIORITY CRITERIA The commission shall determine the order in which approved applications shall receive state grant funds by evaluating the following criteria: (1) financial resources of the local sponsoring organizations: preference will be given to projects wh…

02 NCAC 59C .0410 PREREQUISITE FOR DISBURSEMENT OF GRANT FUNDS (a) Land Rights. The grant recipient shall acquire all land rights involved in water retarding structure sites (including flood prevention, water supply or recreation) and recreation sites prior to disbursement of gra…

02 NCAC 59C .0411 AUDIT OF PROJECTS (a) The Commission shall require periodic audits for each grant project. (b) The Commission shall require the applicant to have the audit prepared by a qualified independent auditor. (c) In lieu of such audit, the Commission may accept any appl…

SUBCHAPTER 59D - AGRICULTURE COST SHARE PROGRAM FOR NONPOINT SOURCE POLLUTION CONTROL SECTION .0100 - AGRICULTURE COST SHARE PROGRAM 02 NCAC 59D .0101 PURPOSE This Subchapter describes the operating procedures for the Division under the guidance of the Commission implementing the…

02 NCAC 59D .0102 DEFINITIONS In addition to the definitions found in G.S. 106-850 and 139-3, the following terms used in this Subchapter have the following meanings: (1) "Agricultural Nonpoint Source (NPS) Pollution" means pollution originating from a diffuse source as a result …

02 NCAC 59D .0103 agriculture cost share program financial assistance ALLOCATION GUIDELINES AND PROCEDURES (a) The Commission shall allocate cost share funds to districts for cost share payments and cost share incentive payments. In order to receive fund allocations, each distric…

02 NCAC 59D .0104 community conservation assistance program allocation guidelines and procedures (a) The Commission shall consider the total amount of funding available for allocation and relative needs for BMP implementation, local technical assistance, and education to determin…

02 NCAC 59D .0105 Agricultural Water Resources assistance program Financial Assistance allocation guidelines and procedures (a) The Commission shall consider the total amount of funding available for allocation and the relative needs for BMP implementation to determine the propor…

02 NCAC 59D .0106 Best management practices eligible for cost share payments (a) The Commission shall approve a list of BMPs that are acceptable for cost-sharing. The list of BMPs shall be approved annually and published in the DIP. The Commission may consider requests for additi…

02 NCAC 59D .0107 COST SHARE and incentive payments (a) Cost share incentive (CSI) payments may be made through Cost Share Agreements between the district, Division, and the applicant. (b) For all practices except those eligible for Cost Share Incentives (CSI), the State shall fu…

02 NCAC 59D .0108 technical assistance funds (a) The funds available for technical assistance shall be allocated by the Commission based on the recommendation of the Division, the needs as expressed by the district, and the needs to accelerate the installation of BMPs in the resp…

02 NCAC 59D .0109 COST SHARE AGREEMENT (a) The landowner shall be required to sign the agreement for all practices that affect change to the property. The agreement shall include a requirement for the landowner to be responsible for BMP maintenance and continuation. (b) The techn…

02 NCAC 59D .0110 DISTRICT PROGRAM OPERATION (a) Each district shall prioritize resource concerns for each program in its annual strategic plan. The district shall target technical and financial assistance to facilitate BMP implementation. (b) The district shall give priority to …

Section .0200 – job approval authority 02 NCAC 59D .0201 Criteria and procedures for granting job approval authority (a) "Eligible individuals" means Soil and Water Conservation District employees, county employees working as staff for a Soil and Water Conservation District, and …

SUBCHAPTER 59E - PROCEDURES AND GUIDELINES TO IMPLEMENT THE NONDISCHARGE RULE FOR ANIMAL WASTE MANAGEMENT SYSTEMS 02 NCAC 59e .0101 PURPOSE This Subchapter describes rules to implement the provisions of 15A NCAC 02T .1300 - Waste Not Discharged To Surface Waters: Animal Waste Man…

02 NCAC 59E .0102 DEFINITIONS The terms used in this Subchapter shall be as defined in G.S. 139-3; G.S. 106-840; G.S. 106-850; G.S. 143-15.10B; 15A NCAC 02T .0103; 02 NCAC 59D .0102; and as follows: (1) "Certification" means a statement from a technical specialist that an animal …

02 NCAC 59E .0103 REQUIREMENTS FOR CERTIFICATION OF WASTE MANAGEMENT PLANS (a) An animal waste management plan shall not be deemed approved as required by G.S. 143-215.10C(d) unless a technical specialist certifies that the system is designed and installed to properly collect, tr…

02 NCAC 59E .0104 APPROVED BEST MANAGEMENT PRACTICES (BMPS) (a) The Commission will approve a list of BMPs that are acceptable as part of an approved animal waste management plan. The list of BMPs will be approved annually (by August 1) and revised as needed during the year by th…

02 NCAC 59E .0105 TECHNICAL SPECIALIST DESIGNATION History Note: Authority G.S. 106-840; 106-850; 139-4; Temporary Adoption Eff. December 9, 1993 for a Period of 180 Days or Until the Permanent Rule Becomes Effective, Whichever is Sooner; Eff. March 1, 1994; Transferred from 15A …

SUBCHAPTER 59F – CONSERVATION RESERVE ENHANCEMENT PROGRAM (CREP) – STATE PORTION OF THE PROGRAM SECTION .0100 - CONSERVATION RESERVE ENHANCEMENT PROGRAM (CREP) -- STATE PORTION OF THE PROGRAM 02 NCAC 59F .0101 OBJECTIVES (a) The North Carolina Conservation Reserve Enhancement Pro…