reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 59 - SOIL AND WATER CONSERVATION COMMISSION › Subchapter A - ORGANIZATION AND OPERATION › Section .0300 - SUPERVISOR REMOVAL › Section 59A .0302 - INQUIRY COMMITTEE

Current through Register Vol. 39, No. 2, July 15, 2024
(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 submitted by the requesting District and the Supervisor whose
				  removal is requested, or review of training documentation submitted by the
				  Division.
(b) The Inquiry Committee
				  shall be appointed by the Commission Chair when a Supervisor is considered for
				  removal. The Inquiry Committee shall include three members. When making
				  appointments to the Inquiry Committee the Commission Chair shall consider
				  whether each member has a conflict of interest or whether other appropriate
				  grounds exist that would prevent the member from serving on the Committee. In
				  the event a member of the Inquiry Committee is unable to serve, the Commission
				  Chair shall replace the member with another member of the Commission.
(c) Upon receipt of written notice from a
				  District requesting removal of a supervisor or supervisor training
				  documentation provided by the Division, the Inquiry Committee shall request a
				  written explanation from the Supervisor. The Inquiry Committee, through the
				  Division, shall request any supplemental information to be provided by the
				  Supervisor in writing within 30 days. The request shall be transmitted to the
				  Supervisor by certified United States Mail, return receipt requested, or by any
				  other means by which a delivery receipt can be provided.
(d) After reviewing written documentation
				  from the District and any written information provided by the Supervisor or
				  training documentation submitted by the Division, the Inquiry Committee may:
(1) Determine that neglect of duty,
				  incompetence, or malfeasance has occurred, as determined on a case-by-case
				  basis, and refer the Supervisor to a hearing by the Commission as set forth in
				  Rule .0301 of this Section;
(2)
				  Determine that basic or continuing training requirements be extended by one
				  year; or
(3) Determine that a
				  hearing is unnecessary and the matter will be closed without further
				  action.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 59 - SOIL AND WATER CONSERVATION COMMISSION › Subchapter B - DISTRICT PROGRAMS: REORGANIZATION AND EXPENSES › Section 59B .0101 - STEPS TO BE FOLLOWED IN DIVIDING LARGE DISTRICTS

Current through Register Vol. 39, No. 2, July 15, 2024
The division of large districts shall proceed as
				  follows:
(1) Petition to divide the
				district submitted by the Board of District Supervisors to the
				commission;
(2) District board
				notified of approval;
(3) New board
				applies to the Secretary of State for certificate of organization:
(a) forms sent to supervisors by the
				commission;
(b) supervisors sign
				application, have it notarized, and return it to the commission;
(c) Secretary of State issues certificate of
				organization;
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 59 - SOIL AND WATER CONSERVATION COMMISSION › Subchapter B - DISTRICT PROGRAMS: REORGANIZATION AND EXPENSES › Section 59B .0102 - AUTHORIZATION OF GENERAL EXPENSES FOR GRANT MATCHING

Current through Register Vol. 39, No. 2, July 15, 2024
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 during
				  any fiscal year a disbursement, calculated with reference to the amount
				  appropriated to the district by the county.
The following formula controls disbursement of funds:
Given:
appropriation = total appropriation by state
				  legislature
for this matching fund program
base rate = appropriation
______________________
number of counties in state
x = amount received from county funds
y = amount of state funds commission will disburse to
				  district
Group A = county programs receiving county funds less than
				  or
equal to the base rate
Group B = county programs receiving county funds greater
				  than
the base rate
Formula:
For any county program in Group A:
if x(LESS THAN EQUAL TO)base rate, then y = x
For any county program in Group B:
if x > base rate, then y =
appropriation - amount disbursed to Group A
___________________________
number of counties in Group B
Example: If a state with three counties appropriated $9000
				  for the matching fund program, and if County #1 appropriated no funds, County
				  #2 $3000, and County #3 $25,000, then the commission's disbursement would
				  proceed as follows:
County #1 0
County #2 $3000
County #3 $6000
Authority
				  G.S.
				  106-840;
				  139-4(d);
Eff. February 1, 1976;
Amended Eff. November 1, 1978;
Emergency Amendment Eff. September 11, 1980 for a Period of 120 Days to Expire
				  January 8, 1981;
Emergency Amendment Made Permanent [with change]
				  Eff. December 5, 1980;
Amended Eff. September 1, 1982;
Transferred from
				  15A NCAC
				  06B .0102 Eff. May 1, 2012;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. September 19,
				  2015.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 59 - SOIL AND WATER CONSERVATION COMMISSION › Subchapter B - DISTRICT PROGRAMS: REORGANIZATION AND EXPENSES › Section 59B .0103 - REQUIREMENT FOR DISBURSEMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
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 notarized and signed by a county official stipulating the amount of
				  county funds appropriated for the district.
Authority
				  G.S.
				  106-840;
				  139-4(d);
Eff. February 1, 1976;
Amended Eff. September 1, 1988; September 1,
				  1982;
Transferred from
				  15A NCAC
				  06B .0103 Eff. May 1, 2012;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. September 19,
				  2015.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 59 - SOIL AND WATER CONSERVATION COMMISSION › Subchapter B - DISTRICT PROGRAMS: REORGANIZATION AND EXPENSES › Section 59B .0104 - LIMITATION OF FUNDS

Current through Register Vol. 39, No. 2, July 15, 2024
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.
Authority
				  G.S.
				  106-840;
				  139-4(d);
Eff. February 1, 1976;
Amended Eff. September 1, 1982;
Transferred from
				  15A NCAC
				  06B .0104 Eff. May 1, 2012;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. September 19,
				  2015.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 59 - SOIL AND WATER CONSERVATION COMMISSION › Subchapter C - SMALL WATERSHED PROGRAM › Section .0100 - WATERSHED LOANS › Section 59C .0101 - WATERSHED REVOLVING LOANS

Current through Register Vol. 39, No. 2, July 15, 2024
(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 program under
				  G.S.
				  139-39:
(A)
				  board of county commissioners; or
(B) watershed improvement commission
				  appointed by county commissioners.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 59 - SOIL AND WATER CONSERVATION COMMISSION › Subchapter C - SMALL WATERSHED PROGRAM › Section .0200 - WATERSHED APPLICATIONS › Section 59C .0201 - APPLICATION PROCEDURE

Current through Register Vol. 39, No. 2, July 15, 2024
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 planning staff and representatives of other
				  agencies to determine feasibility of the project.
(3) Representatives of the commission, and
				  other agencies meet with local people in order to:
(a) outline local responsibilities in
				  watershed program:
(i) inform local people of
				  the project,
(ii) acquire necessary
				  easement,
(iii) provide
				  maintenance,
(iv) share cost on
				  project;
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 59 - SOIL AND WATER CONSERVATION COMMISSION › Subchapter C - SMALL WATERSHED PROGRAM › Section .0300 - SMALL WATERSHED PLANS › Section 59C .0301 - PROJECTS INVOLVING CHANNELIZATION

Current through Register Vol. 39, No. 2, July 15, 2024
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:
(1) The project sponsors shall notify the
				  commission of the completed report.
(2) The commission shall establish a date for
				  a public hearing and designate a hearing officer(s) and a reporter in
				  accordance with the requirements of
				  G.S.
				  139-47(b).
(3) A notice of the hearing shall be
				  published.
(4) During the hearing
				  all parties will be provided an opportunity to present written or oral
				  submissions. A complete record will be kept of the hearing. The parties have 30
				  days to submit their conclusions.
(5) The hearing officer(s) reports to the
				  commission and the channelization is approved or disapproved in accordance with
				  the regulations of
				  G.S.
				  139-47.
Authority
					 G.S.
					 106-840;
Eff. September 1,
					 1982;
Amended Eff. October 1, 1984;
Transferred from
					 15A NCAC
					 06C .0301 Eff. May 1, 2012;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. September 19,
					 2015.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 59 - SOIL AND WATER CONSERVATION COMMISSION › Subchapter C - SMALL WATERSHED PROGRAM › Section .0300 - SMALL WATERSHED PLANS › Section 59C .0302 - APPROVAL OF WORKPLANS

Current through Register Vol. 39, No. 2, July 15, 2024
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 commission may accept the operations
				  and maintenance section of the workplan as the sponsors plan of operation or
				  request a separate document.
Authority
					 G.S.
					 106-840;
					 139-4(d)(8);
Eff. September 1, 1982;
Transferred from
					 15A NCAC
					 06C .0302 Eff. May 1, 2012;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. September 19,
					 2015.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 59 - SOIL AND WATER CONSERVATION COMMISSION › Subchapter C - SMALL WATERSHED PROGRAM › Section .0300 - SMALL WATERSHED PLANS › Section 59C .0303 - APPROVALS TO EXERCISE THE POWER OF EMINENT DOMAIN

Current through Register Vol. 39, No. 2, July 15, 2024
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, that applicant shall provide the commission the following information
					 at least 30 days prior to a commission hearing:
(1) a written statement with copies to the
				  division and to the landowners involved, stating the applicant's
				  purpose;
(2) a resolution adopted
				  by the local Soil and Water Conservation District supporting the acquisition
				  and identifying each parcel by landowner and by specific watershed development
				  site;
(3) a written statement
				  describing efforts made to secure a property interest in each parcel and a copy
				  of the appraisal;
(4) a map of the
				  land needed from each specific landowner that shows:
(a) the location of the needed land in
				  relation to the specific project site;
(b) the location of the needed land in
				  relation to the landowner's total tract;
(c) the location of that portion of the land
				  devoted to:
(i) the permanent pool;
(ii) the flood pool;
(iii) other purposes of water storage; if
				  applicable,
(iv) the borrow
				  area;
(v) the construction work
				  area; and
(vi) recreational
				  facilities.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 59 - SOIL AND WATER CONSERVATION COMMISSION › Subchapter C - SMALL WATERSHED PROGRAM › Section .0400 - SMALL WATERSHED GRANTS › Section 59C .0401 - APPLICATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(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".
(b) An applicant shall submit the application
				  and supporting documents to the commission in such form and in such number as
				  specified in the application instructions.
(c) An applicant shall complete the
				  application form in full.
(d) Upon
				  the commission's request an applicant shall furnish information in addition to
				  the information contained in the application and supporting
				  documentation.
(e) An applicant may
				  amend a pending application any time prior to the final determination of the
				  priority assigned the application.
Authority
					 G.S.
					 106-840;
					 139-4(d);
					 139-53;
Eff.
					 September 1, 1982;
Transferred from
					 15A NCAC
					 06C .0401 Eff. May 1, 2012;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. September 19,
					 2015.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 59 - SOIL AND WATER CONSERVATION COMMISSION › Subchapter C - SMALL WATERSHED PROGRAM › Section .0400 - SMALL WATERSHED GRANTS › Section 59C .0402 - LAND RIGHTS ACQUISITION COSTS

Current through Register Vol. 39, No. 2, July 15, 2024
(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 costs include:
(1) the actual costs of titles or easements
				  for landrights for the following:
(A) flood
				  retarding structure sites, and impoundment areas;
(B) water supply sites;
(C) recreational sites;
(D) access roads necessary for construction,
				  operation, and maintenance of (A), (B), or (C) of this Paragraph; and
(E) "uneconomic remnants" as defined in
				  Public Law
				  91-646;
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 59 - SOIL AND WATER CONSERVATION COMMISSION › Subchapter C - SMALL WATERSHED PROGRAM › Section .0400 - SMALL WATERSHED GRANTS › Section 59C .0403 - ENGINEERING FEES

Current through Register Vol. 39, No. 2, July 15, 2024
(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 grants may not
				  cover feasibility studies or other planning work.
(c) State grants may not cover construction
				  inspection provided by the local sponsor when in addition to that provided by
				  the Soil Conservation Service.
Authority
					 G.S.
					 106-840;
					 139-4(d);
					 139-54(2);
					 156-61;
					 156-71;
Eff.
					 September 1, 1982;
Amended Eff. March 1, 1987;
Transferred from
					 15A NCAC
					 06C .0404 Eff. May 1, 2012;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. September 19,
					 2015.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 59 - SOIL AND WATER CONSERVATION COMMISSION › Subchapter C - SMALL WATERSHED PROGRAM › Section .0400 - SMALL WATERSHED GRANTS › Section 59C .0404 - WATER SUPPLY NEEDS

Current through Register Vol. 39, No. 2, July 15, 2024
(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 in Rule .0402 of this Section; and
(2) all structural construction costs related
				  to the development of water supply.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 59 - SOIL AND WATER CONSERVATION COMMISSION › Subchapter C - SMALL WATERSHED PROGRAM › Section .0400 - SMALL WATERSHED GRANTS › Section 59C .0405 - CONSTRUCTION COST FOR WATER MANAGEMENT PURPOSES

Current through Register Vol. 39, No. 2, July 15, 2024
(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 for water management:
(1) public utilities relocation or
				  modification costs; and
(2) public
				  and private road relocation or modification costs.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 59 - SOIL AND WATER CONSERVATION COMMISSION › Subchapter C - SMALL WATERSHED PROGRAM › Section .0400 - SMALL WATERSHED GRANTS › Section 59C .0406 - ELIGIBLE PROJECTS

Current through Register Vol. 39, No. 2, July 15, 2024
(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 and from
				  the commission, enjoy grant eligibility.
(b) When other state funds are received by a
				  project, the amount shared upon by the other state agency will be subtracted
				  from the non-federal cost to determine the amount eligible for a commission
				  grant. Only the portion of the other agency's funds used towards costs covered
				  in Rules .0402, .0403, .0404, and .0405 in this Subchapter and other costs
				  described in Article 4 Chapter 139 will be included in this
				  computation.
(c) If another state
				  agency subsequently funds a project, the commission will make the necessary
				  changes in its grant to ensure conformance with Paragraph (b) of this
				  Rule.
(d) The commission will take
				  into consideration other private and public financial assistance sources such
				  as a utility company, etc., when authorizing a grant. If additional funding
				  occurs after the grant authorization, the commission may decrease its
				  grant.
Authority
					 G.S.
					 106-840;
					 139-4(d);
					 139-53;
Eff.
					 September 1, 1982;
Amended Eff. October 1, 1984
Transferred from
					 15A NCAC
					 06C .0410 Eff. May 1, 2012;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. September 19,
					 2015.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 59 - SOIL AND WATER CONSERVATION COMMISSION › Subchapter C - SMALL WATERSHED PROGRAM › Section .0400 - SMALL WATERSHED GRANTS › Section 59C .0407 - CONSIDERATIONS FOR REVIEWING APPLICATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
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 receipt of state grant funds; or
(2) local county commissioners' resolution
				  promising to include the local share of matching funds in annual budgets;
				  or
(3) proof of FHA loan,
				  additional grant funds, or any other reliable source of funds.
Authority
					 G.S.
					 106-840;
					 139-4(d);
					 139-55;
Eff.
					 September 1, 1982;
Amended Eff. October 1, 1984;
Transferred from
					 15A NCAC
					 06C .0411 Eff. May 1, 2012;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. September 19,
					 2015.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 59 - SOIL AND WATER CONSERVATION COMMISSION › Subchapter C - SMALL WATERSHED PROGRAM › Section .0400 - SMALL WATERSHED GRANTS › Section 59C .0408 - APPROVAL AND DISAPPROVAL OF APPLICATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(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
				  applicants may reapply the following year.
(d) The commission shall return rejected
				  applications to the applicant.
(e)
				  The commission shall process approved applications according to the procedures
				  set forth in this Section.
Authority
					 G.S.
					 106-840;
					 139-4(d);
					 139-55;
Eff.
					 September 1, 1982;
Transferred from
					 15A NCAC
					 06C .0412 Eff. May 1, 2012;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. September 19,
					 2015.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 59 - SOIL AND WATER CONSERVATION COMMISSION › Subchapter C - SMALL WATERSHED PROGRAM › Section .0400 - SMALL WATERSHED GRANTS › Section 59C .0409 - PRIORITY CRITERIA

Current through Register Vol. 39, No. 2, July 15, 2024
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 which
				  offer the greatest assurance of the availability of funds for the local cost
				  share;
(2) nonstructural measures:
				  projects which include non-structural measures in the work plan will be given
				  preference for grant funds;
(3)
				  regional benefits: projects which provide benefits to an area greater than the
				  project area or the area of jurisdiction of the approved applicant are
				  preferred;
(4) state-owned lands
				  and properties: preference will be given to projects which include direct
				  benefit to state-owned lands and properties;
(5) geographic regions: it is the preference
				  of the commission to balance grant awards across the regions of the state; to
				  that end the geographic location of the current project and the location of
				  projects with previous grants will be considered;
(6) multipurpose uses: projects which include
				  multiple purposes such as, flood prevention, water supply and recreation, will
				  be given preference;
(7) land
				  treatment: preference will be given to projects which include land treatment in
				  the project work plan;
(8)
				  authorization date: project work plans with the earliest authorization dates
				  will be given preference;
(9) EDA
				  area: if the applicant's area is designated by the U.S. Department of Commerce,
				  Economic Development Agency, as an Economic Development Area, the project will
				  be shown preference;
(10)
				  engineering work: preference will be given to projects which have the
				  engineering work completed or underway; and
(11) other special considerations as
				  determined by the commission.
Authority
					 G.S.
					 106-840;
					 139-4(d);
					 139-56;
Eff.
					 September 1, 1982;
Amended Eff. October 1, 1984;
Transferred from
					 15A NCAC
					 06C .0414 Eff. May 1, 2012;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. September 19,
					 2015.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 59 - SOIL AND WATER CONSERVATION COMMISSION › Subchapter C - SMALL WATERSHED PROGRAM › Section .0400 - SMALL WATERSHED GRANTS › Section 59C .0410 - PREREQUISITE FOR DISBURSEMENT OF GRANT FUNDS

Current through Register Vol. 39, No. 2, July 15, 2024
(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 grant funds; however, the commission
				  has the discretion to approve disbursement in the following situations:
(1) The acquiring agency has not obtained all
				  land rights, but has options to purchase those remaining, or has initiated
				  eminent domain proceedings and will have funds on hand to complete the land
				  rights acquisitions after disbursement.
(2) The acquiring agency has reached a
				  written agreement with a utility company or the Department of Transportation
				  concerning the subsequent relocation of a public utility or a state
				  road.
(3) When a grant is from a
				  time-limited reversionary fund, and upon evidence satisfactory to the
				  Commission that the grant recipient will cover at least 50 percent of land
				  rights acquisition costs. The Commission may make partial funds available as
				  the grant recipient evidences financial ability to cover land rights
				  acquisition costs at specific phases of development including but not limited
				  to surveying, appraisal and purchase of individual parcels.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 59 - SOIL AND WATER CONSERVATION COMMISSION › Subchapter C - SMALL WATERSHED PROGRAM › Section .0400 - SMALL WATERSHED GRANTS › Section 59C .0411 - AUDIT OF PROJECTS

Current through Register Vol. 39, No. 2, July 15, 2024
(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 applicable audit by any other governmental
				  unit.
Authority
					 G.S.
					 106-840;
					 139-4(d);
					 139-56;
Eff.
					 September 1, 1982;
Transferred from
					 15A NCAC
					 06C .0421 Eff. May 1, 2012;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. September 19,
					 2015.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 59 - SOIL AND WATER CONSERVATION COMMISSION › Subchapter D - AGRICULTURE COST SHARE PROGRAM FOR NONPOINT SOURCE POLLUTION CONTROL › Section .0100 - AGRICULTURE COST SHARE PROGRAM › Section 59D .0101 - PURPOSE

Current through Register Vol. 39, No. 2, July 15, 2024
This Subchapter describes the operating procedures for the
					 Division under the guidance of the Commission implementing the Agriculture Cost
					 Share Program for Nonpoint Source Pollution Control, the Community Conservation
					 Assistance Program for Nonpoint Source Pollution Control, and the Agricultural
					 Water Resources Assistance Program.
Authority
					 G.S.
					 106-840;
					 106-850;
					 106-860;
					 139-4;
					 139-60;
Eff. May 1,
					 1987;
Recodified from
					 15A NCAC
					 06E .0001 Eff. December 20, 1996;
Transferred from
					 15A NCAC
					 06E .0101 Eff. May 1, 2012;
Readopted Eff. January 1, 2020.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 59 - SOIL AND WATER CONSERVATION COMMISSION › Subchapter D - AGRICULTURE COST SHARE PROGRAM FOR NONPOINT SOURCE POLLUTION CONTROL › Section .0100 - AGRICULTURE COST SHARE PROGRAM › Section 59D .0102 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
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 of
				  agricultural activities related to crop production, production and management
				  of poultry, livestock and aquaculture, land application of waste materials, and
				  management of forestland incidental to agricultural production.
(2) "Agricultural purposes" means
				  agricultural activities related to crop production, production and management
				  of poultry and livestock, land application of waste materials, and management
				  of forestland incidental to agricultural production.
(3) "Allocation" means the annual share of
				  the State's appropriation for each program to participating
				  districts.
(4) "Applicant" means a
				  person(s) who applies for best management practice cost sharing monies from the
				  district. An applicant may also be referred to as a "cooperator." All entities
				  with which the applicant is associated, including those in other counties,
				  shall be considered the same applicant.
(5) "Average Costs" means the calculated
				  cost, determined by averaging actual costs and current cost estimates for best
				  management practice implementation. Actual costs include labor, supplies, and
				  other costs required for physical installation of a practice.
(6) "Best Management Practice (BMP)" means a
				  structural or nonstructural management based practice used singularly or in
				  combination to address natural resource needs.
(a) For the Agriculture Cost Share Program
				  and the Community Conservation Assistance Program, BMPs shall reduce nonpoint
				  source inputs to receiving waters.
(b) For the Agricultural Water Resources
				  Assistance Program, BMPs shall increase the storage, availability, and use
				  efficiency of water for agricultural purposes.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 59 - SOIL AND WATER CONSERVATION COMMISSION › Subchapter D - AGRICULTURE COST SHARE PROGRAM FOR NONPOINT SOURCE POLLUTION CONTROL › Section .0100 - AGRICULTURE COST SHARE PROGRAM › Section 59D .0103 - AGRICULTURE COST SHARE PROGRAM FINANCIAL ASSISTANCE ALLOCATION GUIDELINES AND PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
(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 district
				  shall submit an annual strategic plan to the Commission by June 1 of each
				  year.
(b) Funds shall be allocated
				  to the districts at the beginning of the fiscal year and whenever the
				  Commission determines that sufficient funds are available to justify a
				  reallocation. District allocations shall be based on the identified level of
				  agricultural nonpoint source pollution problems, the respective district's BMP
				  installation goals as demonstrated in the district's annual strategic plan, and
				  the district's record of performance to affect BMP installation by
				  participating farmers. The allocation method used for disbursement of funds
				  shall be based on the relative position of each respective district for those
				  parameters approved by the Commission pursuant to Paragraph (g) of this Rule.
				  Each district shall be assigned points for each parameter, and the points shall
				  be totaled and proportioned to the total dollars available under the current
				  program year funding according to the following formula:
(1) Sum of Parameter Points = Total
				  Points
(2) Percentage Total Total
				  Dollars Available
Points Each x Dollars = to
District Available Each District
(3) The minimum allocated to a district shall
				  be twenty thousand dollars ($20,000) per program year, unless the district
				  requests less than twenty thousand dollars ($20,000).
(4) If a district requests less than the
				  dollars available to that district in Subparagraph (b)(2) of this Rule, then
				  the excess funds shall be allocated to the districts who did not receive their
				  full requested allocation using the same methodology described in Subparagraph
				  (b)(2) of this Rule.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 59 - SOIL AND WATER CONSERVATION COMMISSION › Subchapter D - AGRICULTURE COST SHARE PROGRAM FOR NONPOINT SOURCE POLLUTION CONTROL › Section .0100 - AGRICULTURE COST SHARE PROGRAM › Section 59D .0104 - COMMUNITY CONSERVATION ASSISTANCE PROGRAM ALLOCATION GUIDELINES AND PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
(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 determine the
				  proportion of available funds to be allocated for each eligible purpose. This
				  determination shall be done prior to allocating funds to Statewide, regional,
				  and district allocation pools and the Division. Funds may be allocated for any
				  or all of the following purposes:
(1) cost
				  share and cost share incentive payments;
(2) technical and administrative assistance;
				  and
(3) Statewide or local
				  education and outreach activities.
The percentage of funding available for each purpose and
					 each allocation pool shall be specified in the annual Detailed Implementation
					 Plan based upon the recommendation of the Division and the needs expressed by
					 the districts.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 59 - SOIL AND WATER CONSERVATION COMMISSION › Subchapter D - AGRICULTURE COST SHARE PROGRAM FOR NONPOINT SOURCE POLLUTION CONTROL › Section .0100 - AGRICULTURE COST SHARE PROGRAM › Section 59D .0105 - AGRICULTURAL WATER RESOURCES ASSISTANCE PROGRAM FINANCIAL ASSISTANCE ALLOCATION GUIDELINES AND PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  Commission shall consider the total amount of funding available for allocation
				  and the relative needs for BMP implementation to determine the proportion of
				  available funds to be allocated to statewide, regional, and district allocation
				  pools and the Division. The percentage of funding available for each purpose
				  and each allocation pool shall be specified in the annual Detailed
				  Implementation Plan based upon the recommendation of the Division and the needs
				  expressed by the districts.
(b)
				  Based on funding availability, the Commission shall allocate cost share funds
				  from the district allocation pool to the districts. To receive fund
				  allocations, each district shall request an allocation in their strategic
				  plan.
(c) Funds for cost share and
				  cost share incentive payments shall be allocated to the districts at the
				  beginning of the fiscal year and whenever the Commission determines that funds
				  are available in the district allocation pool to justify a reallocation.
				  Districts shall be allocated monies based on the identified level of
				  agricultural water use needs and the respective district's BMP installation
				  goals as demonstrated in the district's annual strategic plan. The allocation
				  method used for disbursement of funds shall be based on the relative position
				  of each respective district for those parameters approved by the Commission
				  pursuant to Paragraph (h) of this Rule. The points each district scores on each
				  parameter shall be totaled and proportioned to the total dollars available for
				  district allocation under the current fiscal year funding according to the
				  following formula:
(1) Sum of Parameter
				  Points = Total Points
(2)
				  Percentage Total Total Dollars Available
Points Each x Dollars = to
District Available Each District
(3) The minimum district allocation shall be
				  specified in the Detailed Implementation Plan.
(4) If a district requests less than the
				  dollars available to that district in Subparagraph (b)(2) of this Rule, then
				  the excess funds shall be allocated to the districts who did not receive their
				  full requested allocation using the same methodology described in Subparagraph
				  (b)(2) of this Rule.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 59 - SOIL AND WATER CONSERVATION COMMISSION › Subchapter D - AGRICULTURE COST SHARE PROGRAM FOR NONPOINT SOURCE POLLUTION CONTROL › Section .0100 - AGRICULTURE COST SHARE PROGRAM › Section 59D .0106 - BEST MANAGEMENT PRACTICES ELIGIBLE FOR COST SHARE PAYMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(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
				  additional BMPs at any time. The Commission shall consider the following
				  criteria in approving BMPs:
(1) all eligible
				  BMPs shall be designed to meet the purpose of the program or shall be
				  authorized by statute;
(2)
				  information establishing the average cost of the specified BMP shall be used,
				  if available. District BMPs may use actual costs as indicated by receipts, if
				  average costs are not available; and
(3) eligible BMPs shall follow technical
				  specifications as set forth in Paragraph (b) of this Rule.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 59 - SOIL AND WATER CONSERVATION COMMISSION › Subchapter D - AGRICULTURE COST SHARE PROGRAM FOR NONPOINT SOURCE POLLUTION CONTROL › Section .0100 - AGRICULTURE COST SHARE PROGRAM › Section 59D .0107 - COST SHARE AND INCENTIVE PAYMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(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 fund a percentage of the
				  average cost for BMP installation not to exceed the maximum cost share
				  percentages shown in
				  G.S.
				  106-850(b)(6), (8), and (9),
				  and the applicant shall fund the remainder of the cost. In-kind contributions
				  by the applicant shall be included in the applicants' cost share contribution.
				  In-kind contributions shall be approved by the district and Division.
(c) CSI payments shall be limited to a
				  maximum of three years per entity.
(d) Average installation costs for each
				  comparative area or region of the State and the amount of cost share incentive
				  payments shall be updated and revised triennially by the Division for approval
				  by the Commission.
(e) The total
				  annual cost share payments to an applicant shall not exceed the maximum funding
				  authorized in
				  G.S.
				  106-850(b)(6) and
				  (9).
(f) Use of cost share payments shall be
				  restricted to land located within the county approved for funding by the
				  Commission. However, in the situation where an applicant's farm is not located
				  solely within a county, the entire farm, if contiguous, shall be eligible for
				  cost share payments.
(g)
				  Agriculture Cost Share Program and Agricultural Water Resources Assistance
				  Program Cost Share Agreements used on or for local, State, or federal
				  government land shall be approved by the Commission to avoid potential
				  conflicts of interest and to ensure that such contracts are consistent with the
				  purposes of these programs.
(h) The
				  district Board of Supervisors may approve Cost Share Agreements with cost share
				  percentages or amounts less than the maximum allowable in
				  G.S.
				  106-850(b)(6), (8), and (9)
				  if:
(1) the Commission allocates insufficient
				  cost share BMP funding to the district to enable it to award funding to all
				  applicants; or
(2) the district
				  establishes other criteria in its annual strategic plan for cost sharing
				  percentages or amounts less than those allowable in
				  G.S.
				  106-850(b)(6), (8) and
				  (9).
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 59 - SOIL AND WATER CONSERVATION COMMISSION › Subchapter D - AGRICULTURE COST SHARE PROGRAM FOR NONPOINT SOURCE POLLUTION CONTROL › Section .0100 - AGRICULTURE COST SHARE PROGRAM › Section 59D .0108 - TECHNICAL ASSISTANCE FUNDS

Current through Register Vol. 39, No. 2, July 15, 2024
(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 respective
				  district. The district shall provide at least 50 percent of the total matching
				  funds for technical assistance.
(b)
				  The Commission shall allocate technical assistance funds as described in its
				  DIP. This allocation shall be made based on the implementation of conservation
				  practices for which district employees provided technical assistance
				  incorporating the following:
(1) Commission
				  Cost Share Programs funded practices will be weighted at 100 percent;
(2) other local, State, federal, and grant
				  funded practices that meet the purpose requirements as set forth in Rule .0101
				  of this Section will be weighted at a minimum of 25 percent as specified in the
				  DIP;
(3) districts shall submit
				  information on funded practices as specified in Subparagraph (2) of this
				  Paragraph through their annual strategic plan;
(4) this allocation will be calculated using
				  the highest three of the most recent seven years; and
(5) this allocation will be calculated once
				  every three years, unless there is a change in technical assistance State
				  appropriations.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 59 - SOIL AND WATER CONSERVATION COMMISSION › Subchapter D - AGRICULTURE COST SHARE PROGRAM FOR NONPOINT SOURCE POLLUTION CONTROL › Section .0100 - AGRICULTURE COST SHARE PROGRAM › Section 59D .0110 - DISTRICT PROGRAM OPERATION

Current through Register Vol. 39, No. 2, July 15, 2024
(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 implementing systems of BMPs that provide
				  the most cost-effective conservation practice for addressing priority resource
				  concerns.
(c) All applicants shall
				  apply to the district in order to receive cost share payments.
(d) The district shall review each
				  application and determine the feasibility of each application. The district
				  shall review and approve the evaluation and assign priority for cost sharing.
				  All applicants shall be informed of cost share application approval or
				  denial.
(e) Upon approval of the
				  application by the district, the applicant, district, and the Division shall
				  enter into a cost share agreement. The Cost Share Agreement shall list the
				  practices to be cost shared with State funds. The agreement shall also include
				  the average cost of the recommended practice(s), cost incentive payment of the
				  practice(s), and the expected implementation date of the practice(s). The
				  District shall develop a conservation plan that shall become a part of the Cost
				  Share Agreement.
(f) Upon
				  completion of practice(s) implementation, the technical representative of the
				  district shall notify the District Board of Supervisors of compliance with
				  design specifications.
(g) Upon
				  notification by the technical representative, the district shall review the
				  agreement and request for payment. Upon approval, the district shall certify
				  the practices in the agreement and notify the Division to make payment to the
				  applicant. The District Board of Supervisors shall certify that the individual
				  signing the conservation plan and request for payment has Job Approval
				  Authority for the respective practice(s) before signing requests for payment
				  for completed BMPs.
(h) The
				  district shall be responsible for and approve all BMP inspections as set forth
				  in Rule .0109(c) of this Section to ensure proper maintenance and continuation
				  under the Cost Share Agreement.
(i)
				  The district shall keep records dealing with the program per its document
				  retention schedule.
Authority
					 G.S.
					 106-840;
					 106-850;
					 139-4;
					 139-8;
Eff. January
					 1, 2020.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 59 - SOIL AND WATER CONSERVATION COMMISSION › Subchapter D - AGRICULTURE COST SHARE PROGRAM FOR NONPOINT SOURCE POLLUTION CONTROL › Section .0100 - AGRICULTURE COST SHARE PROGRAM › Section 59D .0201 - CRITERIA AND PROCEDURES FOR GRANTING JOB APPROVAL AUTHORITY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) "Eligible individuals" means Soil and
				  Water Conservation District employees, county employees working as staff for a
				  Soil and Water Conservation District, and employees of the North Carolina
				  Department of Agriculture and Consumer Services Division of Soil and Water
				  Conservation.
(b) Eligible
				  individuals seeking Job Approval Authority (JAA) from the Commission shall
				  receive agreement from their immediate supervisor. District staff shall also
				  receive agreement from the chair of the Soil and Water Conservation District
				  for whom they are employed.
(c)
				  Eligible individuals seeking JAA for a best management practice as defined by
				  02 NCAC
				  59D .0102(6) shall submit
				  application to the Division for evaluation of technical competency. The
				  application for JAA shall include:
(1)
				  name;
(2) contact
				  information;
(3) JAA
				  requested;
(4) signature of
				  District Chair or Supervisor; and
(5) proof of technical competency for the
				  requested JAA including comparable JAA through USDA-NRCS, or applicable
				  certification or submission of two completed practice designs.
The minimum technical competency requirements for each
					 practice shall be listed in the applicable program's Detailed Implementation
					 Plan (DIP) as defined in
					 02 NCAC
					 59D .0102(14).
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 59 - SOIL AND WATER CONSERVATION COMMISSION › Subchapter E - PROCEDURES AND GUIDELINES TO IMPLEMENT THE NONDISCHARGE RULE FOR ANIMAL WASTE MANAGEMENT SYSTEMS › Section 59E .0101 - PURPOSE

Current through Register Vol. 39, No. 2, July 15, 2024
This Subchapter describes rules to implement the provisions
				  of 15A
				  NCAC 02T .1300 - Waste Not Discharged To
				  Surface Waters: Animal Waste Management Systems, hereinafter called the
				  Nondischarge Rule for Animal Waste Management Systems. The Soil and Water
				  Conservation Commission sets forth these Rules for certification of animal
				  waste management systems in accordance with
				  15A NCAC
				  02T .1300.
Authority
				  G.S.
				  106-840;
				  139-2;
				  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 NCAC
				  06F .0101 Eff. May 1, 2012;
Readopted Eff. November 1, 2017.