MINUTES
NORTH CAROLINA
SOIL AND WATER CONSERVATION COMMISSION
Meeting Location:
Ground Floor Hearing Room
Archdale Building
512 North Salisbury Street
Raleigh, North Carolina 27604
March 21, 2007
MEMBERS PRESENT
Jeff Turlington
Ned Y. Hudson
Richard Smith
Manly West
Don Cox
Bobby Stanley
OTHERS PRESENT
Manly Wilder David Williams
Lynn Sprague Vernon Cox
Mary K. Combs Teresa Furr
Sandra Weitzel Michelle Lovejoy
Jeff Harris Julie Henshaw
Ryke Longest Jill Slankas
Deanna Osmond Charlie Bass
Jerry Dorsett Ken Parks
J. Ben Knox Lee Menius
David M. Overcash Bruce Miller
Dewitt Hardee Larry Petrovick
Kelly Ibrahim ` Eddie Culberson
Thomas Sledge Glenda Coats
Thomas Dean Rob Roberson
Marcia Lieber Chester Lowder
Donna L. Stearns Steve Michaels
Summary of Actions Taken by the Commission
1. The following supervisor appointments were approved:
Bobby Joe Gambill – Alleghany SWCD
Alan Robinson – Brunswick SWCD
Curtis John Richardson – Durham SWCD
Page 1 of 14
SWCC Minutes 3/21/07
Lindsey Glenn Mooney, III – Hyde SWCD
Jimmy Gray – Iredell SWCD
Jeff McCall – Jackson SWCD
Richard D. Cannon – Martin SWCD
2. The following Supervisor Reappointments were approved:
Jack Wiseman- Avery SWCD
Leland Simmons – Carteret SWCD
James Hardin – Catawba SWCD
Curtis Byrum II – Chowan SWCD
Clifton McNeill – Cumberland SWCD
H. L. Hill – Davidson SWCD
George D. Mainor – Duplin SWCD
Randall Guthrie – Granville SWCD
Carlyle Ferguson – Haywood SWCD
Donald Lindsay – Hoke SWCD
Tommy Houser – Lincoln SWCD
Alfred Breedin – Mitchell SWCD
W. O. Billy Baker – Nash SWCD
Eugene Brown, Jr. – Northampton SWCD
James Hollifield – Rutherford SWCD
Leonard Furr- Stanly SWCD
Earl Sheppard – Surry SWCD
B. T. Shingleton – Wilson SWCD
Lenuel Chamberlain – Yadkin SWCD
3. The following supervisors were disapproved for reappointment due to not
attending Supervisor Training:
William Shelton – Jackson SWCD
Richard Gibson – Macon SWCD
Robert Baker – Rockingham SWCD
4. The following supervisors will have their reappointment delayed for one-year in
order for them to attend Supervisor Training in February 2008. They were unable
to attend due to health problems:
Jo Anne Poe – New River SWCD
Lynn Carland – Buncombe SWCD
James Worsley – Edgecombe SWCD
5. The following supervisors were elected and sworn into office on December 4,
2007:
(See attached Election Report.)
Page 2 of 14
SWCC Minutes 3/21/07
6. The following applicants were approved as Technical Specialists:
Jacob Powell
Christopher T. Mosley
Douglas Black
7. The Commission approved supervisor contracts for the following individuals:
Simeon Williams – Camden SWCD – Contract #15-07-05-11 –
Nutrient Management - ($459.00)
Stephen Harris – Pasquotank SWCD – Contract #70-07-05-11 –
Critical Area Planting – ($2,306.00)
Thad Sharp – Wilson SWCD – Contract # CS98-07-28-09 –
Grassed Waterway, Grade Stabilization Structure, Field Border ($2,578.00)
Jimmy Gray – Iredell SWCD – Contract # 49-07-13-16 –
Stock Trails – ($6,372.00)
Haynes B. Stone – Scotland SWCD – Contract #83-07-06-08 –
Water Facility – ($1,840.00)
James Clark – Swain SWCD- Contract #87-07-138-07 –
Watering Facility, Ag Road Repair/Stabilization – ($6,423.00)
8. The Commission approved the March supplemental allocation of BMP funds in
the amount $969,896 for ACSP.
9. The Commission approved the TRC recommendation to modify the Offsite
Poultry Litter Utilization Incentive to enable it to be used for dry forms of swine
and dairy/cattle manure in addition to poultry litter, and to modify the eligibility
criteria and payment structure. This includes changing the practice name to
Manure/Litter Transportation Incentive.
10. The Commission approved the TRC recommendation that the lifetime cap for
waste application systems be increased from $25,000 to $35,000.
11. The Commission approved the TRC recommendation to modify wording for the
incinerators for poultry operations. The wording “must have” a roof will be
changed to “may have” a roof.
12. The Commission approved the TRC recommendation to include the Abandoned
Well Closure BMP as a cost share practice for the Community Conservation
Assistance Program.
Page 3 of 14
SWCC Minutes 3/21/07
13. The Commission elected Mr. Ned Y. Hudson to be the Vice-Chairman for the
Soil and Water Conservation Commission.
14. The Commission referred to the TRC the question about whether and how
poultry litter spreaders should be cost-shared.
15. The Commission approved the request of Wake SWCD to authorize payment of
$101.25 cost share rate for establishing long-leaf pines on up to 30 acres for
cropland conversion on Contract #92-07-14-09.
16. The Commission approved the request of Rowan SWCD that South Rowan High
School Future Farmers of America (FFA) use N.C. Ag Cost Share Program funds
to install a watering system and livestock exclusion.
Preliminary Items
The March 21, 2007 meeting of the North Carolina Soil and Water Conservation
Commission was held in the Ground Floor Hearing Room of the Archdale Building,
512 North Salisbury Street, Raleigh, North Carolina at 8:00 A.M.
Chairman Jeff Turlington called the meeting to order.
He charged the Commission members to declare any conflict of interest or appearance of
conflict of interest that may exist for agenda items to be considered by the Commission
as mandated by Executive Order No. 1. None were declared.
Chairman Turlington welcomed Donald Cox and Bobby Stanley as new commission
members. He also asked that everyone in attendance introduce themselves.
Chairman Turlington invited everyone to attend Conservation Awareness Day that was
to be held at 11:30 a.m. in the Halifax Mall.
Approval of the Agenda
The Agenda for March 21, 2007 was amended with the removal of Item 7 A-1 from the
Consent Agenda, which was to be handled as an individual item. Manly West offered a
motion that the Agenda be approved as amended, and Richard Smith provided a second.
The motion carried.
Approval of the Minutes
Chairman Turlington called for the review and approval of the minutes of the January 7,
2007 Commission meeting. Ned Hudson offered a motion that the minutes be approved.
Richard Smith provided a second, and the motion carried.
Page 4 of 14
SWCC Minutes 3/21/07
INFORMATIONAL ITEMS
Ethics Law
Counsel to the Commission, Attorney Ryke Longest, presented an update regarding the
Ethics Law. He stated that he had attended one session of training given by the Ethics
Counsel for the Ethics Commission.
Items of interest were the following:
1) It is vitally important for Commission members to file their Statement of
Economic Interest in a timely fashion. There are penalties for late filings.
2) There can be no blank answers spaces on the Statement of Economic Interest.
3) The definition of lobbying has been expanded under the authority of the Secretary
of the State’s office to include Boards and Commissions. Two members of the
Soil and Water Conservation Commission are entitled to be Legislative Liaisons.
4) If a Commission member has any questions about the applicability of the ethics
law, then he should put the question in writing and request that the Ethics
Commission advise him.
5) Commission members, upon receipt of their acceptance letter from the Ethics
Commission, are to present their letter at the next Soil and Water Commission
meeting and ask that it be read into the minutes. This is a statutory requirement.
6) All Commission members must attend ethics training within twelve months. He
stated that Manly Wilder, Ethics Liaison, and Mr. Ryke Longest would be able to
help with this.
Association Report
Mr. Ned Hudson, President of the NCASWCD informed the Commission that the
Association is alive and well!
He made the following points regarding ongoing events and training that the Association
were actively engaged in:
Eight area spring meetings had just been completed with 40% of district
supervisors attending. He stated that good training sessions had been held
regarding Strategic Planning, and a number of districts had applied to be
involved in the pilot project.
The Legislative Committee is very active under the leadership of Don Cox.
Page 5 of 14
SWCC Minutes 3/21/07
Conservation Awareness Day was to be held after today’s Commission meeting,
and he was hopeful that there would be a large attendance.
The Sub-Finance Committee meeting had been held with the hopes of finding
more funds for the Association.
The Executive Board at its March 20th meeting had approved plans for Strategic
Planning.
The 70th Anniversary Celebration of the first Soil and Water District – Brown
Creek - will be held during the week of August 7th through August 10th, 2007.
Supervisor Training was held at Chapel Hill at the Institute of Government and
had the highest attendance ever with 75 people taking training.
Community Conservation Assistance Program
Mr. Lynn Sprague stated that the third committee meeting had been held for the
Community Conservation Assistance Program. He said that the Legislature required that
a Status Report be filed with them, and that CCAP would provide the report.
He stated that members of the Division (Julie Henshaw, Bridget Munger, Vernon Cox,
David Williams, and Lynn Sprague) are the team heading up this program.
Mr. Sprague provided copies of the preliminary Draft Rules to the Commission. He
stated that the committee would be working on these rules, and they would be presented
at the May Commission meeting.
This committee is also working on the allocation formula and how technical assistance
should be presented.
Ms. Julie Henshaw informed the Commission that funding had been received from the
EPA - 319 Grant Program to develop a design manual and training for our district and
division staff. She stated that Dr. Bill Hunt of N.C. State University would lead this
training.
Three workshops will be held which will include design activities, field visits, and a
certification test for district technicians.
The day and a half workshops would be held as follows:
Raleigh - April 17 and 18
Brevard - April 25 and 26
Greenville - May 1 and 2
Page 6 of 14
SWCC Minutes 3/21/07
Division Report
Mr. Manly Wilder updated the Commission on the following Legislative activities and
Bills that have been introduced for Community Conservation:
CREP – The Governor presented his budget and included support for 2 positions
and $300,000.
HB-810 and SB-843 (Gibson, Allen, and Albertson) extends the federal job
engineering approval authority to district technicians.
HB-815 (Tolson) - $300,000 for poultry mortality issues for 2007 and $300,000
for 2008.
HB- 332 (Harrison) Farmland Preservation – The Governor included $6 million
for the fund and Representative Pricey Harrison introduced House Bill 332 to
fund the program at an additional $10 million.
House Bill 679 –which possibly could abolish Commissions, is in its early stages.
Senate Bill 1071 – (Swindell) was filed to increase matching funds to districts by
$400,000.
Senate Bill 1177 – (Albertson) A Community Conservation bill was introduced to
fund one position and appropriate $200,000. Representative Carolyn Justice will
be introducing a companion bill in the House.
Renewable Energy – There has been much discussion on renewable and
alternative energy. The committee developing the strategic plan for expansion of
bio-fuels will hold its final meeting this month before presenting their proposals
to the legislature.
Interagency Cooperation – The Division has worked in partnership with EPA,
NRCR, N.C. State, Pork Council, Murphy-Brown, and other DENR divisions in
conducting two swine grower meetings in Greenville and Duplin County.
Mr. Wilder stated that this was an exciting time to be working in conservation and
environmental activities for a number of reasons. There is much support for conservation,
and the division and districts are being looked to be participants and provide leadership.
NRCS Report
Ms. Mary Combs reported on the NRCS budget. She stated that NRCS could make it
through the year without reductions in force. With a shrinking budget in the next couple
Page 7 of 14
SWCC Minutes 3/21/07
of years, she stated that there would be a need for downsizing since vacancies cannot be
filled.
Ms. Combs informed the Commission of the following items:
On April 21, NRCS along with the Wake SWCD will hold an Earth Day
Celebration.
The lawsuit against Graham SWCD was dismissed. Ms. Combs thanked Mr. Ryke
Longest for all of his hard work in litigating this case.
NRCS met with DSWC Division staff and had a very productive and good
meeting. She appreciated the leadership of Mr. Manly Wilder.
The NRCS office lease will be up on June 1st at the Bland Road address. They
will be moving to a new location in the same office park. The Soil and Water
Foundation, which has shared office space at NRCS, would also be moving to a
new location.
ACTION ITEMS
Consent Agenda
A motion was made by Mr. Ned Hudson that the Consent Agenda be approved with the
following amendments:
The reappointments for Jo Anne Poe, Lynn Carland, James Worsley, William Shelton,
Richard Gibson, and Robert Baker will be handled separately from the Consent Agenda.
Mr. Manly West provided a second, and the motion carried.
Supervisor Reappointments – Item 7A-1.
Ms. Jo Anne Poe, Ms. Lynn Carland, and Mr. James Worsley were up for reappointment
but needed to attend Supervisor Training in February 2007. Due to health problems, they
were not able to attend. Mr. Ned Hudson made a motion that their reappointments be
delayed for one-year until they attend Supervisor Training in 2008. Mr. Richard Smith
provided a second, and the motion carried.
Supervisor Reappointments for Non-Attending Supervisor Training
Mr. William Shelton from Jackson SWCD, Mr. Richard Gibson from Macon SWCD, and
Mr. Robert Baker from Rockingham SWCD did not attend Supervisor Training and were
not willing to attend. Mr. Manly West offered a motion that these supervisors be
disapproved for reappointment and that their districts send them a letter to this fact, and
then provide a nomination for a new Board member. Mr. Richard Smith provided a
second, and the motion carried.
Page 8 of 14
SWCC Minutes 3/21/07
Mr. Lynn Sprague stated that Lenuel Chamberlain had attended Supervisor Training and
needed to be reappointed at this meeting. Mr. Richard Smith offered a motion that Mr.
Lenuel Chamberlain be reappointed, and Mr. Don Cox provided a second. The motion
carried.
Appointment of Supervisors
Mr. Lynn Sprague presented the following nominations for appointment as district
supervisors:
Mr. Bobby Joe Gambill of Alleghany SWCD filling the un-expired term of John
Woodruff.
Mr. Alan Robinson of Brunswick SWCD filling the un-expired term of Mary
Earp.
Mr. Curtis John Richardson of Durham SWCD filling the un-expired term of Tom
Davidson.
Mr. Lindsey Glenn Mooney, III of Hyde SWCD filling a vacant position.
Mr. Jimmy Gray of Iredell SWCD filling the un-expired term of Wade Carrigan.
Mr. Jeff McCall of Jackson SWCD filling the un-expired term of Tom Massie.
Mr. Richard D. Cannon of Martin SWCD filling the un-expired term of
W. Robert Harris
Designation of Technical Specialists
The following applicants were approved for designation as Technical Specialists:
Mr. Jacob Powell of Petersburg, Virginia was approved as a Technical Specialist
in Runoff Controls, Waste Utilization Planning/Nutrient Management, and
Wettable Acres.
Mr. Christopher T. Mosley of Cary, North Carolina was approved as a Technical
Specialist in Runoff Controls, Irrigation Equipment, and Waste Utilization
Planning/Nutrient Management.
Mr. Douglas Black of Washington, North Carolina was approved as a Technical
Specialist in Waste Utilization Planning/Nutrient Management.
Approval of Supervisor’s Contracts
The following supervisor contracts were approved for payment:
Simeon Williams – Camden SWCD – Contract #15-07-05-11 –
Nutrient Management - ($459.00)
Stephen Harris – Pasquotank SWCD – Contract #70-07-05-11 –
Critical Area Planting – ($2,306.00)
Thad Sharp – Wilson SWCD – Contract # CS98-07-28-09 –
Grassed Waterway, Grade Stabilization Structure, Field Border ($2,578.00)
Page 9 of 14
SWCC Minutes 3/21/07
Jimmy Gray – Iredell SWCD – Contract # 49-07-13-16 –
Stock Trails – ($6,372.00)
Haynes B. Stone – Scotland SWCD – Contract #83-07-06-08 –
Water Facility – ($1,840.00)
James Clark – Swain SWCD- Contract #87-07-138-07 –
Watering Facility, Ag Road Repair/Stabilization – ($6,423.00)
ACSP Supplemental Allocation of BMP Funds
Mr. David Williams presented the following Allocations:
The earmark for Ag Sediment is proposed to re-label that earmark as the
Impaired/Impacted Stream Initiative.
$143, 420 is remaining in Impaired and Impacted Stream Initiative Earmark
$ 1,000 is remaining in the CREP Earmark.
$816,000 is available in un-earmarked Cost Share money
Mr. Williams stated that the proposal is that $15,339 of the un-earmarked Cost Share
come off the top and be converted to a CREP Earmark that would meet the anticipated
demand for the rest of this fiscal year. This would leave a balance of $210,000.
This is all in accordance with Commission approved formula rules based on seven (7)
parameters.
The proposed allocation is in the amount of $969,896.
Mr. Richard Smith offered a motion that the March allocation be approved. Mr. Don Cox
provided a second, and the motion carried.
TRC RECOMMENDATION
Mr. David Williams informed the Commission that the Technical Review Committee met
in Raleigh on March 2, 2007, and offered the following recommendations for
Commission consideration. (See attached TRC Recommendations – March 2, 2007.)
Modifications to the Offsite Poultry Litter Utilization Incentive –
1) The TRC recommended that the modification of the existing cost share Offsite Poultry
Litter Utilization Incentive enable it to be used for dry forms of swine and dairy/cattle
manure in addition to poultry litter, and to modify the eligibility criteria and payment
structure. The proposed new name for the practice is Manure/Litter Transportation
Incentive.
Page 10 of 14
SWCC Minutes 3/21/07
Mr. Don Cox offered a motion that these recommendations be approved. Mr. Ned
Hudson provided a second, and the motion carried.
2.) Proposed Modifications to the Lifetime Cap for Waste Application Systems
The TRC recommended that the lifetime cap for waste application systems be increased
from $25,000 to $35,000. These funds cannot be used for replacing worn out equipment.
Mr. Richard Smith offered a motion that this recommendation be approved. Mr. Bobby
Stanley provided a second, and the motion carried.
3.) Commission Policy Based on Case Scenarios
The TRC recommended that the Commission adopt the set of case scenarios recently
presented at its ACSP training sessions.
Commission members did not offer a motion. However, the Mr. Manly West and Mr.
Don Cox, Commission members, did suggest that these case scenarios be used as
guidelines, but not as policy.
4.) Elimination of Requirement for Roof Structure for Incinerators on Poultry
Operations
The TRC recommended that the Commission eliminate its requirement that incinerators
for poultry operations include a roof structure. The wording of “must have” a roof will be
changed to “may have” a roof. This would be applicable to any current contracts for
which cost share payments for incinerators have not been added by the Division.
Mr. Manly west offered a motion to approve this recommendation. Mr. Bobby Stanley
provided a second, and the motion carried.
5.) Establish Abandoned Well Closure as a Cost Share Practice for the CCAP.
The TRC recommended that the Commission approve Abandoned Well Closure as a
BMP cost share practice for the Community Conservation Assistance Program.
Mr. Don Cox offered a motion that this Abandoned Well Closure recommendation be
approved. Mr. Manly West provided a second, and the motion carried.
Mr. Williams informed the Commission that the TRC would meet again on May 2 and
May 3 in Greensboro. There will be a field tour of best management practices on
Wednesday, May 2, and the business meeting will begin at 9:30 a.m. on Thursday,
May 3, 2007.
Page 11 of 14
SWCC Minutes 3/21/07
Election of Soil and Water Conservation Commission Vice-Chairman
Chairman Jeff Turlington stated that a Vice-Chairman needed to be elected for the
Commission. He asked for any nominations from the floor. Mr. Manly West nominated
Mr. Ned Y. Hudson. Mr. Bobby Stanley seconded the nomination, and Mr. Hudson was
unanimously voted to be Vice-Chairman of the Soil and Water Conservation
Commission.
Chairman Turlington congratulated Mr. Hudson, and thanked him for accepting the
position.
Clarification on the Role of Districts and the Commission in Making Decisions on
Ag Cost Share Funding Priorities
Chairman Turlington asked that Attorney Ryke Longest clarify policy regarding
what the role of Districts and of the Commission are in making decisions on Ag Cost
Share Funding Priorities.
Mr. Longest stated the following:
Contract decisions are delegated down to the district level on making
determinations at the district level whether or not to approve any individual Ag
Cost Share contract. There is not a provision in the statute for appealing that
decision.
The Commission has the power to amend the BMPs and the policies under those
BMPs.
The Commission does not have the power to hear an appeal and overturn the
decision of a district board of supervisors.
The Commission could provide for the appeal process, but it would need to be
done by a change to the Commission rules.
Currently, the Commission cannot handle appeals except where a contract has
been issued and a practice is found to be in non-compliance.
ACSP District Issues
Request from Steve Michaels of Burke County
Ms. Teresa Furr introduced Mr. Steve Michaels of Burke County and stated that he had
applied to the Burke SWCD for cost share assistance for a litter spreader. His application
was denied by the Burke District because of Commission policy stating that he was a
non-producer and not eligible for a litter spreader.
Mr. Michaels presented his request to the Commission regarding this policy, and asked
that the policy be changed to non-producers becoming eligible for a litter spreader.
Page 12 of 14
SWCC Minutes 3/21/07
Chairman Turlington told Mr. Michaels that he does not fit the criteria on being a
producer and that the decision of Burke SWCD to deny his request would stand. The
Commission cannot reverse the decision of Burke SWCD.
Mr. Ryke Longest stated that under the rules of the Commission, every year a Detailed
Implementation Plan must be made. This issue will come up again at the May
Commission meeting and the Commission can make its decision at that time to change
this issue or to abolish it.
Mr. Manly Wilder suggested that the TRC look at this issue.
Mr. Bobby Stanley offered a motion that the policy regarding litter spreaders be referred
to the TRC for the May Commission meeting. The motion was seconded by Mr. Manly
West and carried.
Request from Wake SWCD
Ms. Teresa Furr stated that Contract number 92-07-14-09 was approved by Wake
SWCD’s Board of Supervisors on January 25, 2007 for the cost-share planting of long-
leaf pines on approximately 30 acres of cropland owned by Mrs. Glenda J. Coats as
planned by the N.C. Forest Service. This was a cropland conversion to trees.
The cost share rate that was planned and later approved by the Wake District Board was
based on the average cost share rate of $135.00 per acre (the approved rate for long-leaf
pine). The Cost Share staff denied this contract to use the $135 per acre rate because the
NC Forest Service did not certify that the site was not well suited to loblolly pines. The
Division approved to use the $75 rate for loblolly pine.
Larry Petrovick, on behalf of Wake SWCD, explained that the district had interpreted the
tree-planting requirement differently from the Division and asked the Commission to
authorize Wake Soil and Water Conservation District to use the $135 cost share rate for
establishing long-leaf pines on up to 30 acres for cropland conversion on this contract.
He also suggested the Commission clarify in the ACSP Manual the criteria for
determining when a tree-planting rate other than the loblolly rate would be approved.
(Specifically modify a pages V-48 and VII-25 of the NC Agriculture Cost Share Program
Manual).
Mr. Don Cox offered a motion that the cost share rate of $135 be allowed for payment,
since the trees were planted under an approved contract. Mr. Ned Hudson provided a
second, and the motion carried.
Ms. Furr stated she would be responsible for the items requested to be clarified in the
Ag Cost Share Manual.
Request for ACSP Contract on Government Property – Rowan SWCD
Ms. Furr stated that Rowan SWCD requested permission to use N.C. Ag Cost Share
Program funds to assist the South Rowan High School Future Farmers of America (FFA)
Page 13 of 14
SWCC Minutes 3/21/07
to install a watering system and livestock exclusion on their demonstration farm. The
farm consists of 13-acres of agronomy plots, pasture, woodland, and horticulture areas.
Other facilities included are a livestock barn, two greenhouses, picnic shelter, storage
building, outdoor classroom, nature trail, and a wetlands area.
This site will provide an excellent opportunity for the district to showcase the benefits of
the NC Ag Cost Share Program to farmers, students, FFA Alumni, and the general public.
The Rowan SWCD will provide a permanent sign that explains the project and its
environmental benefits.
The South Rowan High School FFA does not have the funds to make these improvements
to their facility but they have secured enough funds and donations of materials to make a
25% match possible with the assistance of the N.C. Agriculture Cost Share Program.
Mr. Ned Hudson offered a motion that this request be approved. Mr. Richard Smith
provided a second, and the motion carried.
Public Announcements
Mr. Wilder informed the Commission members that he would try to have an Ethics
Training class on Tuesday, May 15, 2007 in the afternoon prior to the Commission Work
Session.
Adjournment
Chairman Turlington adjourned the meeting at 10:20 a.m.
________________________________ _____________________________
Manly S. Wilder, Director Donna L. Stearns, Transcriber
Page 14 of 14
SWCC Minutes 3/21/07