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MINUTES
NORTH CAROLINA
SOIL AND WATER CONSERVATION COMMISSION
Meeting Location: Work Session
Days Inn Hotel Days Inn Hotel
US 1 at Morganton Road US 1 at Morganton Road
Southern Pines, NC 28388 Southern Pines, NC 28388
August 16, 2006 August 16, 2006
6:30 P.M. 4:00 P.M. – 5:00 P.M.
MEMBERS PRESENT
Jeff Turlington
Bob Stanfield
Tom Davidson
Don M. Rawls
Richard Smith
Ned Y. Hudson
Manly West
OTHERS PRESENT
Manly S. Wilder David B. Williams Lynn Sprague
Vernon Cox Teresa Furr James Ferguson
Pam Hawkins Jerry Dorsett Donna Stearns
Dennis Testerman Linda Hash Julia Lee
Carolyn Garris Gene Anderson Donna Harmon
Gary Holtzmann James Summers Mike Pardue
Daniel McClellan Brenda Williams Wayne Moser
Frankie Singleton Andrea Sanderson Jeff Parker
Barry Stevens Laurie Brokaw Anthony Dowdle
Julie Cahill Carolyn Smith James Taylor
Loraine Lowry Dru Harrison Shelly Miller
Prudy Gaskill Mamie Caison Larry West
Leonard J. Kilian Jonathan Russell Michelle Lovejoy
C. Boyd Kristina Theodorson Bill Hart
Leslie Smathers Teresa Hice Steve Bennett
Ny Tyler Kevin Clark Russell Lyday
Willie Justice Donna Card Julie Henshaw
Lee Menius Tommy Brooks Bryan Evans
Sandra Weitzel Lloyd Phillips Janie Woodle
Davis Ferguson Ralston James David Cash
Bill Dunlap Susan Pait
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SWCC 8/16/06
Summary of Actions Taken by the Commission
1. The following supervisor appointments were approved:
Curtis M. Byrum II – Chowan SWCD
Jimmy Howard – Iredell SWCD
Thomas Uzzell –Wayne SWCD
2. The following applicant was designated as a Technical Specialist:
Dawn C. Davis of Engelhard, North Carolina
3. The Commission approved supervisor contracts for the following individuals:
Carlyle Ferguson – Haywood SWCD – Watering Tanks, Fencing, Spring
Development, Streambank Stabilization
Randy G. Register – Craven SWCD – Critical Area Planting
Dietrich Kilpatrick- Craven SWCD- Critical Area Planting
Michael Gaster - Lee SWCD – Waste Application System
Eddie Wood - Cherokee SWCD – Watering Tanks, Animal Trail Walkway
Pamela Bell - Macon SWCD - Feed/Waste Structure
Fred R. Smith - Chowan SWCD Heavy Use Protection Area & Waterer
3. The Commission approved the TRC recommendation to make decommissioning of
abandoned wells a Cost Share BMP.
4. The Commission approved the proposed process for allocating funds to districts for
innovative poultry waste management technology (specifically, Mortality Gasification
Systems for poultry operations).
5. The Commission approved ACSP extensions for the following:
Mickey Waters of Burke County, Contract #12-04-007-03
Mike Norman of Haywood County, Contract #44-04-004-05
Steve Ross of Haywood County, Contract #44-04-018-05
William Brown of Onslow County, Contract #67-04-011-15
Joseph Farrior of Pender County, Contract #71-04-012-02
Robie Hodge of Rowan County, Contract #80-04-016-16
Paul Harris of Warren County, Contract #93-04-004-13
Paul Harris of Warren County, Contract #93-04-005-13
Paul Harris of Warren County, Contract #93-04-012-13
Wilson Fleming of Warren County, Contract #93-04-029-12
6. The Commission approved fourteen (14) Districts to become part of the Delegation
Authority Program: Alamance, Camden, Catawba, Currituck, Guilford, Madison,
Moore, Orange, Pasquotank, Pender, Pitt, Surry, Warren, and Yancey.
7. The Commission approved the adoption of the revised CREP Rules.
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SWCC 8/16/06
8. The Commission approved a motion to support a proposed Business Meeting of
Conservation District Chairmen endorsed by Mr. Manly Wilder and Ms. Mary K. Combs.
PRELIMINARY
Chairman Jeff Turlington thanked the District Employees Association for having the Soil and
Water Commission meeting at their Work Shop meeting.
Chairman Turlington read Executive Order No. 1 and asked if knows of a conflict of interest, or
appearance of conflict.
Mr. Don Rawls stated that he would be representing Pender SWCD regarding an extension on a
cost share contract.
Mr. Tom Davidson asked that his letter from the Ethics Committee be included in this set of
minutes.
Approval of Agenda
Mr. Ned Hudson made a motion that the Agenda for August 16, 2006 be approved. Mr. Richard
Smith provided a second, and the motion carried.
Approval of Minutes
Chairman Turlington called for the review and approval of the minutes of the May 17, 2006
Commission meeting.
Mr. Manly West offered a motion that the minutes be approved. Mr. Don Rawls provided a
second, and the motion carried.
Chairman Turlington asked for approval of the Teleconference Minutes of July 19, 2006.
A motion was made to approve the July 19, 2006 minutes and seconded, and the motion carried.
INFORMATIONAL ITEMS
Association Report
Association President Don Rawls presented a report on the NCASWCD. His comments included
the following:
The Conservation Awareness Day held in June was very successful.
Legislators were very supportive.
The Community Conservation Assistance Bill passed.
He congratulated the Envirothon with coming in 6th in the Canon National Envirothon
competition held in Winnipeg, Canada in late July.
He praised the DEA with their workshop and the work that they perform.
He announced that the Southeast NACD Regional meeting will be held August 27-29
in Asheville, North Carolina at the Grove Park Inn.
Fall area meetings will be held during October and November 2006.
Page 3 of 12
SWCC 8/16/06
Envirothon
Mr. Steve Bennett presented a report on the Envirothon. He stated that the Canon National 2006
Envirothon was held in Winnipeg, Canada. He escorted the winning North Carolina team to the
competition, and he reported that they finished 6th in the nation in this event.
Mr. Bennett informed the Commission that the 2009 National Envirothon would be held in North
Carolina.
Community Conservation
Mr. Lynn Sprague reported that the Community Conservation Assistance Program (CCAP)
passed in the legislature. The Association has been working on this for many years. Linda
Birdsong, Julie Henshaw, and Bill Hart have been instrumental in laying the groundwork for this
program.
An Advisory Committee will be set up for this Program, Chaired by the Director of the Division
of Soil and Water Conservation. A budget is now being developed. Shelly Miller is developing
brochures for this program.
Ms. Julie Henshaw informed the Commission that Clean Water Management Trust Fund
(CWMTF) has funded the CCAP for $557,000which will cover 20 counties and their needs.
Ms. Henshaw stated a 319Application Proposal in the amount of a little less then $300,000 was
being reviewed and would be decided on in the very near future.
Division Report
Mr. Manly S. Wilder, Division Director, presented his division report with the following items:
State budget was released on July 9, 2006.
o $333,778 in the ACSP – Technical Assistance
o $400,000 in ACSP – Financial Assistance ($200,000 recurring and $200,000 non-
recurring)
o $1 million expansion in CREP
o $25,000 for Supervisor travel
o $200,000 Poultry Waste Management Techniques
Community Conservation passed the Senate 47-0 and the House 113-0.
Senate Bill 1598 (SL 2006-38) passed. Directs the Department to evaluate the training
and qualification requirements for approval as an animal waste management
systems technical specialist and report back to the General Assembly by
November 15.
The Governor has signed the New CREP Agreement, which includes revised
minimum enrollment criteria and payment schedule. An in-state signing
ceremony will be held on September 13, at a farm in Martin County.
Plans are underway for the expansion of CREP to include the White Oak and
The Lumber River Watersheds.
Page 4 of 12
SWCC 8/16/06
Three new positions in CREP were authorized by the General Assembly and will be
filled once they can be established.
An excellent meeting was held with the CWMTF staff and trustees in July regarding
CREP. They approved our grant of $2,500,000, which included an additional
$90,000 for transactional costs.
Eight EPA employees from the Atlanta regional office spent three days in the state
visiting swine operations and talking with farmers. Farms in Gates, Greene,
and Jones County were visited to review new and innovative technology for
handling swine waste.
Personnel and Staffing Update
Mr. Wilder stated that the Division had hired the following new employees:
Paula Day will be filling the job vacated by Tonyia Miller in ACSP. Paula comes to the
Division from the Division of Land Resources.
Bridget Munger has been selected as the new Public Information Officer, replacing
Andrew Sleeth.
NRCS Update
Ms. Mary K. Combs reported that NRCS has a lot of things going on.
She informed the Commission that NRCS Chief, Bruce Knight has moved on to become the
Under Secretary of the Animal Regulatory Division within the Department of Agriculture.
A new Chief has not been selected at this time.
Ms. Combs reported on the following items:
Conservation Security Program (CSP)
Ms. Combs stated that of the 46 viable applications for the 2006 Conservation Security Program
(CSP), only 13 ranked high enough to be selected for funding and all of these were either Tier 2
or Tier 3 applications.
Environmental Quality Incentive Program (EQIP)
EQIP had a very successful year in 2006 and is ready to roll out the 2007 program. NRCS is
accepting suggestions on how to improve the program for the coming year. Suggestions should
be provided to Dick Fowler, Assistant State Conservationist by September 1, 2006.
Farm and Ranchland Protection Program (FRP)
Applications received in 2006 exceeded the available funds by a margin of 3 to 1. Successful
applicants for 2006 funding included the Land Trust for the Little Tennessee, Durham County,
Wake County, and the Conservation Trust for North Carolina.
Page 5 of 12
SWCC 8/16/06
Cooperative Conservation Partnership Initiative Grants
NRCS has awarded $150,000 to the Division of Soil and Water Conservation to complete a rapid
watershed assessment on three 8-digit hydrologic unit areas that comprise the High Rock Lake
watershed. The Division plans to partner with the SWC Districts within the watershed boundaries
to complete this assessment.
Swan Quarter
Phase II of the Swan Quarter Project is scheduled for completion on August 24th. Completion of
Phase II will allow the project to begin to provide significant flood protection to the town of Swan
Quarter.
Security Clearance Completed
Ms. Combs thanked the Soil and Water Conservation Commission, the Division of Soil and
Water Conservation, the local SWCD supervisors, all of the NRCS and SWCD employees, and
other partners across the state in completing the security clearance process.
Technical Training for the Conservation Partnership Offered by NRCS
Three 2-day training sessions on pest management were provided by NCSU and the NRCS ECS
staff this summer.
CREP training will be offered to technical staff by the DSWC, FSA, the NCDFR, and NRCS on
August 22-24, 2006.
Geographic Information Systems Technology
In October 2006, a full time GIS Specialist will be added to the ECS staff to help develop GIS
applications in the state and train field offices in becoming more efficient and effective through
the use of GIS, GPS, and remote sensing technologies.
Ms. Combs stated she looked forward to the Business Meetings to be held with the districts, and
to the Fall Area meetings
2006 ACSP Spot Check Report.
Ms. Teresa Furr presented the Spot Check Report Summary for the 2006 Fiscal Year.
She stated that every district has completed their Spot Check Reports for 2006, and 95% of the
contracts are in compliance statewide. Statewide 9.2% of the sites in active maintenance were
checked. She said that every district had a supervisor help out in spot checks.
ACTION ITEMS
Consent Agenda
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SWCC 8/16/06
Mr. Bob Stanfield offered a motion that the Consent Agenda be approved as given.
Mr. Richard Smith provided a second, and the motion carried. The following items were
approved as part of the consent agenda.
Appointment of Supervisors
The following supervisors were appointed:
Curtis M. Byrum II filling the unexpired term of Gene Jordan. His term will expire
December, 2006.
Jimmy Howard filling the unexpired term of Michael Steve Ferguson. His term will
expire December 2006.
Thomas Uzzell filling the unexpired term of Ben E. Rollins. His term will expire
December 2008.
Technical Specialist Designation
The following applicant has been approved for designation as a technical specialist:
Dawn C. Davis of Engelhard, NC approved in Waste Utilization Planning and Nutrient
Management.
Approval of Supervisor’s Contracts
1) Contract # 44-2006-21-05 Carlyle, Ferguson – Haywood SWCD
$5,763.00 Stream stabilization, Watering Tanks,
Fencing, Spring Development
2) Contract # 25-06-13-09 Randy G. Register –Craven SWCD
$1,170.00 Critical Area Planting
3) Contract # 25-06-12-09 Dietrich Kilpatrick – Craven SWCD
$607.00 Critical Area Planting
4) Contract # 53-06-08-02 Michael Gaster – Lee SWCD
$7,000.00 Waste Application System (Litter Spreader)
5) Contract # 20-06-11-06 Eddie Wood – Cherokee SWCD
$11,194.00 Watering Tanks, and Animal Trail Walkway
6) Contract # 56-06-05-07 Pamela Bell – Macon SWCD
$24,969.00 Feed/Waste Structure
7) Contract # 21-06-13-04 Fred R. Smith (A.F. Smith & Son, Inc.) –Chowan
$7,766.00 Heavy Use Protection Area and Waterer
TRC Recommendations
Mr. David Williams reported that the Technical Review Committee met in Raleigh on
August 3, 2006.
Page 7 of 12
SWCC 8/16/06
He stated that the Technical Review Committee (TRC) recommended that the Commission
approve decommissioning of abandoned wells as a cost sharable BMP. The Division of Water
Quality (DWQ) requested this practice to eliminate potential for surface water contamination of
groundwater (and ultimately surface waters). The practice would be paid at 75% of actual cost
with a cap of $1,500. The BMP must be inspected by district technical staff within 9-12 months
following closure. Minimum life of the BMP is one year. The practice must comply with the
requirements of NC Administrative Rule: 15A NCAC 2C.0113 and NC General Statute 87.83
thru 87.99.
Mr. Tom Davidson offered a motion to accept this recommendation and Mr. Ned Hudson
provided a second. The motion carried.
The next meeting of the TRC will be November 1-2 in Morganton, North Carolina.
Process for Allocation of Poultry Waste Management Funds
Mr. David Williams stated that the General Assembly has appropriated $200,000 to the Division
to fund innovative poultry waste management technology (specifically Mortality
Gasification Systems for poultry operations).
He listed the proposed approach for allocating the special funds to districts for demonstrations:
1) Send out solicitation for funding requests to districts to respond to applications on hand
for mortality gasification units from poultry operations – in August.
2) Funding requests due back to Division – October 31.
3) Division reviews requests and develops proposed allocation for Commission
consideration at November Commission meeting.
4) Division recommendation based on the following criteria (in priority order).
a. Fund in whole unit increments (75% cost share) as follows to maximize
demonstration potential:
i. Diversity in size of gasification unit to be employed
ii. Diversity in types of operations – (ex: turkeys, pullets, etc.)
iii. Diversity in size of birds managed
iv. Geographic diversity
v. District with the greatest number of applications on hand.
Mr. Don Rawls offered a motion to accept this recommendation emphasizing that these are not
Cost Share Funds. Mr. Richard Smith provided a second, and the motion carried.
2004 ACSP Contract Extension Requests from Districts
Ms. Teresa Furr presented the PY 04 contract extension requests with the following corrections
from what was sent in the Commission packet:
Franklin SWCD has asked that their contract requests be deferred to the
September 20th Commission meeting. (35-04-010-13)
Page 8 of 12
SWCC 8/16/06
Haywood SWCD asked for two contracts to be deleted (44-04-024-05 and
44-04-017-05)
Ms. Furr asked that each County discuss their reason(s) for their extension.
They are as follows:
1) Burke County – Contract #12-04-007-03 for Mickey Waters –
Mrs. Nancy Taylor, Burke SWCD supervisor and Mr. Kevin Clark, District Cost Share
Technician presented Burke SWCD’s request for extending this contract based on delays in
getting approval of acceptable design for the project. They asked that the project be allowed
to use the 2006 average cost instead of the 2004 cost due to large increases in materials costs
and due to the fact that the delay was out of the cooperator’s control.
Mr. Richard Smith offered a motion that the contract is extended for one year, and that the
2006 Average Cost List for Cost Share is used. Mr. Manly West provided a second, and the
motion carried.
2) Haywood County – Contract #44-04-018-05 – Steve Ross
Contract # 44-04-004-05 – Mike Norman
Mr. James Ferguson, Haywood SWCD supervisor and Mr. Leslie Smathers, District Soil
Conservationist presented Haywood SWCD’s request for extending these contract based on
delays resulting from the 2004 hurricane/flooding response. They stated that only a short
time is needed to complete the projects.
Mr. Don Rawls offered a motion to accept Steve Ross’s and Mike Norman’s requests for an
extension. Mr. Ned Hudson provided a second, and the motion carried.
3) Onslow County – Contract #67-04-011-15 – William Brown
Mr. Willie Justice, Onslow SWCD supervisor and Ms. Donna Card, District Animal
Operations Technician presented Onslow SWCD’s request for extending this contract based
on delays resulting from medical concerns. Mr. Brown’s son became ill and had to have
brain surgery, which slowed Mr. Brown’s work on the project. He will have the project
completed within a year.
Mr. Ned Hudson offered a motion to accept this extension, and Mr. Manly West provided a
second. The motion carried.
4) Pender County – Contract #71-04-012-02 – Joseph Farrior –
Mr. Don Rawls, Pender SWCD supervisor vacated his seat on the Commission to present
this request on behalf of the Pender SWCD. The extension is needed because of problems
obtaining materials and coordinating with a contractor for the project. He stated that the
extension is only needed until the 1st of October, 2006.
Page 9 of 12
SWCC 8/16/06
Mr. Tom Davidson offered a motion to accept this extension, and Mr. Bob Stanfield provided
a second. The motion carried. Mr. Rawls did not vote on this action item. Mr. Rawls re-
assumed his seat on the Commission following the vote.
5) Rowan County – Contract #80-04-016-16 – Robie Hodge
Mr. James Summers, Rowan SWCD supervisor and Mr. Lee Menius, District Conservation
Technician Rowan SWCD’s request for extending this contract based the health concerns.
They stated that Mr. Hodge is now paralyzed and that he has requested an extension until
spring 2007.
Mr. Manly West offered a motion for a one-year extension. Mr. Tom Davidson provided a
second. The motion carried.
6) Warren County – Contracts #93-04-004-13, 93-04-005-13, and 93-04-012-13 – Paul
Harris
Contract #93-04-029-12 – Wilson Fleming
Mr. Leonard Killian, Warren SWCD supervisor and Mr. Larry West, District Director
presented Warren SWCD’s request for extending these contract based on delays resulting
from the excessive rainfall washing out the practices before they could be established. Both
cooperators had made a good faith effort to complete the practices.
Mr. Bob Stanfield offered a motion that all four contracts for Warren County be allowed
extensions. Mr. Don Rawls provided a second, and the motion carried.
Approval of Districts for Delegation of Approval Authority for ACSP Contracts
Ms. Teresa Furr presented the Delegation of Approval Authority for ACSP contracts. She
stated that this is a follow up action from the May meeting during which she reported on the
success of the ACSP Delegation Pilot Project. The Commission suggested that it wanted to
offer delegation to other worthy districts.
Ms. Furr stated that the Commission had approved four criteria for inclusion in the program:
1) Program review within the last 2 years
2) No corrective actions noted involving the district’s contract approval process
3) Longevity/experience of District Cost Share Staff
4) Rating of the quality of contracts submitted to the Division for approval
Fifteen Districts requested delegation, and the Division was recommending approval of 14 based
upon these criteria.
Ms. Furr stated that upon Commission approval, the Cost Share staff will conduct Training
Workshops at the District Board Meetings. The responsibility of this program will shift to the
District Boards and Ms. Furr felt training would be needed.
The following districts are recommended by the Division for delegation:
Alamance
Page 10 of 12
SWCC 8/16/06
Camden
Catawba
Currituck
Guilford
Madison
Moore
Orange
Pasquotank
Pender
Pitt
Surry
Warren
Yancey
Mr. Richard Smith offered a motion that all 14 districts be approved. Mr. Ned Hudson provided a
second, and the motion carried.
Final Approval of CREP Rules
Mr. David Williams stated that in January 2006 the CREP Rules the Commission had approved
proposed changes to the CREP rules. The Public Comment period has closed, and no comments
were received. The Division is requesting final adoption of the CREP rules. If approved, these
rules will become effective upon approval by the Rules Review Commission at their next
meeting.
Mr. Bob Stanfield offered a motion that these rules be adopted. Tom Davidson provided a second
for the motion, and the motion carried.
Proposed Business Meeting of SWCD Chairmen
Mr. Manly Wilder stated that he and Ms. Mary K. Combs wanted to speak with the Commission
regarding a proposed Business Meeting of Conservation District Chairmen.
Mr. Wilder stated that there are issues that have come down the road that have an impact on our
conservation partnerships (i.e. office supervision, computer security, job approval, etc.).
Ms. Combs spoke on the challenges of change. She stated that Washington, D.C., the USDA, and
even her own agency are stressing to become more efficient, trying to do more with less, looking
at fixed costs, and how we are structured. She felt it was a good time to prepare for all of this and
communicate - since 90% of our relationship is good communication.
Mr. Wilder requested that a motion be passed to support this meeting and to allow he and Ms.
Combs to work out the details and then present the plans for the meeting at the September 20th
Commission meeting.
Mr. Richard Smith offered a motion, and Mr. Bob Stanfield provided a second.
The motion carried.
Page 11 of 12
SWCC 8/16/06
Chairman Turlington thanked the DEA for hosting this Commission meeting. He said that he
appreciated everything that they did.
Chairman Turlington adjourned the meeting.
_______________________________ _____________________________
Manly S. Wilder, Director Donna L. Stearns, Transcriber
Page 12 of 12
SWCC 8/16/06
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