GENERAL ASSEMBLY OF NORTH CAROLINA
1989 SESSION
CHAPTER 603
The General Assembly of North Carolina enacts:
Section 1. G.S. 143-355 reads as rewritten:
"§
143-355. Transfer of certain powers, duties, functions and
responsibilities of the Department of Conservation and Development and of the
Director of said Department. Powers and duties of the Department.
(a) Transfer
Generally. - There are hereby transferred to the Department of Water Resources
those powers, duties, functions and responsibilities relating to water
resources now vested in the Department of Conservation and Development of the
State of North Carolina, and the Director thereof.
(b) Functions to Be
Performed. - It shall be the duty of the Department of Natural Resources and
Community Development to perform the following functions: The Department
shall:
(1) To request Request
the North Carolina Congressional Delegation to apply to the Congress of the
United States whenever deemed necessary for appropriations for protecting and
improving any harbor or waterway in the State and for accomplishing needed
flood control, shore-erosion prevention, and water-resources development for
water supply, water quality control, and other purposes.
(2) To initiate, Initiate,
plan, and execute a long-range program for the preservation, development
and improvement of rivers, harbors, and inland ports, and to promote the public
interest therein.
(3) To prepare Prepare
and recommend to the Governor and the General Assembly any legislation
which may be deemed proper for the preservation and improvement of rivers,
harbors, dredging of small inlets, provision for safe harbor facilities, and
public tidewaters of the State.
(4) To make Make
engineering studies, hydraulic computations, hydrographic surveys, and
reports regarding shore-erosion projects, dams, reservoirs, and river-channel
improvements; to develop, for budget and planning purposes, estimates of the
costs of proposed new projects; to prepare bidding documents, plans, and specifications
for harbor, coastal, and river projects, and to inspect materials, workmanship,
and practices of contractors to assure compliance with plans and
specifications.
(5) To cooperate Cooperate
with the United States Army Corps of Engineers in causing to be removed any
wrecked, sunken or abandoned vessel or unauthorized obstructions and
encroachments in public harbors, channels, waterways, and tidewaters of the
State.
(6) To cooperate Cooperate
with the United States Coast Guard in marking out and establishing harbor
lines and in placing buoys and structures for marking navigable channels.
(7) To cooperate Cooperate
with federal and interstate agencies in planning and developing
water-resource projects for navigation, flood control, hurricane protection,
shore-erosion prevention, and other purposes.
(8) To provide Provide
professional advice to public and private agencies, and to citizens of the
State, on matters relating to tidewater development, river works, and watershed
development.
(9) To discuss, Discuss
with federal, State, and municipal officials and other interested persons,
persons a program of development of rivers, harbors, and related
resources.
(10) To make Make investigations
and render reports requested by the Governor and the General Assembly.
(11) To participate Participate
in activity of the National Rivers and Harbors Congress, the American Shore
and Beach Preservation Association, the American Watershed Council, the
American Water Works Association, the American Society of Civil Engineers, the
Council of State Governments, the Conservation Foundation, and other national
agencies concerned with conservation and development of water resources.
(12) To prepare Prepare and
maintain climatological and water-resources records and files as a source of
information easily accessible to the citizens of the State and to the public
generally.
(13) To formulate Formulate and
administer a program of dune rebuilding, hurricane protection, and shore-erosion
prevention.
(14) To include Include in
the biennial budget the cost of performing the additional functions indicated
above.
(15) To initiate, Initiate plan,
study, and execute a long-range floodplain management program for the promotion
of health, safety, and welfare of the public. In carrying out the
purposes of this subsection, the primary responsibility of floodplain
management rests with the local levels of government and it is, therefore, the
policy of this State and of this Department to provide guidance, coordination,
and other means of assistance, along with the other agencies of this State and
with the local levels of government, to effectuate adequate floodplain
management programs.
(b1) This The Department
is directed to pursue an active educational program of floodplain management
measures, to include in each biennial report a statement of flood damages,
location where floodplain management is desirable, and suggested legislation,
if deemed desirable, and within its capacities to provide advice and assistance
to State agencies and local levels of government.
(c) Repealed by Session Laws 1961, c. 315.
(d) Investigation of
Coasts, Ports and Waterways of State. - The Department of Natural Resources
and Community Development is designated as the official State agency to
investigate and cause investigations to be made of the coasts, ports and
waterways of North Carolina and to cooperate with agencies of the federal and
State government and other political subdivisions in making such
investigations. Provided, however, that the The provisions
of this section shall not be construed as in any way interfering with the
powers and duties of the Utilities Commission, relating to the acquiring of
rights-of-way for the Intra-Coastal Waterway; or to authorize the Department of
Natural Resources and Community Development to represent the State in
connection with such duties.
(e) Registration with
Department of Natural Resources and Community Development Required;
Registration Periods. - Every person, firm or corporation engaged in the
business of drilling, boring, coring or constructing wells in any manner with
the use of power machinery in this State, shall register annually with the North
Carolina Department of Natural Resources and Community Development on
forms to be furnished by the said Department. The registration required
hereby shall be made during the period from January 1 to January 31 of each
year.
(f) Samples of
Cuttings to Be Furnished the Department of Natural Resources and Community
Development When Requested. - Every person, firm or corporation engaged in
the business of drilling, boring, coring or constructing wells in any manner by
the use of power machinery shall furnish the Department of Natural Resources
and Community Development samples of cuttings from such depths as the
Department may require from all wells constructed by such person, firm or
corporation, when such samples are requested by the Department. The
Department shall bear the expense of delivering such samples. The
Department shall, after an analysis of the samples submitted, furnish a copy of
such analysis to the owner of the property on which the well was constructed;
the Department shall not report the results of any such analysis to any other
person whatsoever until the person legally authorized to do so authorizes in
writing the release of the results of the analysis.
(g) Reports of Each Well
Required. - Every person, firm or corporation engaged in the business of
drilling, boring, coring, or constructing wells with power machinery within the
State of North Carolina shall, within 30 days of the completion of each well,
report to the Department of Natural Resources and Community Development on
forms furnished by the Department the location, size, depth, number of feet of
casing used, method of finishing, and formation log information of each such
well. In addition such person, firm or corporation shall report any tests
made of each such well including the method of testing, length of test,
draw-down in feet and yield in gallons per minute. The person, firm or
corporation making such report to the Department of Natural Resources and
Community Development shall at the time such report is made also furnish a
copy thereof to the owner of the property on which the well was constructed.
(h) Drilling for Petroleum and Minerals Excepted. - The provisions of this Article shall not apply to drillings for petroleum and minerals.
(i) Penalty for Violation. - Any person violating the provisions of subsections (e), (f) and (g) of G.S. 143-355 shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of fifty dollars ($50.00). Each violation shall constitute a separate offense.
(j) Miscellaneous
Duties. - There are also transferred to the Department of Water Resources
the duties of the Board of Conservation and Development, as set forth in G.S.
113-8, to The Department shall make investigations of water supplies
and water powers, prepare and maintain a general inventory of the water
resources of the State and take such measures as it may consider necessary to
promote their development; and to supervise, guide, and control the performance
of the duties set forth in subsection (b) of this section and to hold hearings
with regard thereto. In connection with administration of the
well-drilling law the Department of Conservation and Development shall, if
requested by the Department of Water Resources, may prepare analyses
of well cuttings for mineral and petroleum content.
(k) Water Use
Information. - Any person using, withdrawing, diverting or obtaining water from
surface streams, lakes and underground water sources shall, upon the request of
the Department, file a monthly report with the Department of Natural
Resources and Community Development showing the amount of water used,
withdrawn, diverted or obtained from such sources. Such report shall be
on a form supplied by the Department and shall show the identification of the
water well or other withdrawal facility, location, withdrawal rate (measured in
gallons per minute), and total gallons withdrawn during the month.
Reports required to be filed under this subsection shall be filed on or before
the fifteenth day of the month succeeding the month during which the using,
withdrawing, diverting or obtaining water required to be reported
occurred. Provided, however, this This subsection does not
apply to withdrawals or uses by individuals or families for household,
livestock, or gardens. All reports required under this subsection are
provided solely for the purpose of the Department of Natural Resources and
Community Development. Department. Within the meaning of this
subsection the term 'person' means any and all persons, including individuals,
firms, partnerships, associations, public or private institutions,
municipalities or political subdivisions, governmental agencies, and private or
public corporations organized or existing under the laws of this State or any
other state or country.
(l) Each unit of local government that provides public water services or that plans to provide such service shall, either individually or together with other such units of local government, prepare a local water supply plan. The Department shall provide technical assistance with the preparation of such plans to units of local government upon request and to the extent that the Department has resources available to provide such assistance. At a minimum, local units of government shall include in local water supply plans such information as is readily available to them. However this subsection shall be construed to require the preparation of local water supply plans only to the extent that technical assistance is available to units of local government from the Department. Such plans shall include present and projected population and water use within the service area, present and future water supplies, an estimate of such technical assistance as may be needed at the local level to address projected water needs, and such other related information as the Department may require in the preparation of a State water supply plan. Local plans shall be revised to reflect changes in relevant data and projections at least once each five years unless the Department requests more frequent revisions. Local plans and revised plans shall be submitted to the Department once they have been approved by the unit(s) of local government.
(m) In order to assure the availability of adequate supplies of good quality water to protect the public health and to support desirable economic growth, the Department shall develop a State water supply plan. The State water supply plan shall include the information and projections required to be included in local plans, a summary of the technical assistance needs indicated by local plans, and shall indicate the extent to which the various local plans are compatible. The State plan shall identify potential conflicts among the various local plans and ways in which local water supply programs could be better coordinated."
Sec. 2. G.S. 143-214.6 as enacted by Section 2 of Chapter 426 of the 1989 Session Laws (House Bill 156) is amended by adding two new subsections to read:
"(c1) Terms of office and removal from office. - Persons appointed to the Council pursuant to subdivisions (5) through (13) of subsection (b) of this section shall be appointed for two-year terms and until their successors are appointed and qualify. All terms shall begin on 1 July of odd numbered years. Appointments to fill vacancies shall be for the balance of the unexpired term. Vacancies in appointments made by the General Assembly shall be filled in accordance with G.S. 120-122. The General Assembly shall have the power, in accordance with G.S 143B-13, to remove any member appointed by it. The Governor shall have the power, in accordance with G.S. 143B-13, to remove any other member.
(c2) Quorum. - A majority of the Council shall constitute a quorum for the transaction of business."
Sec. 3. The Department of Human Resources and the Department of Natural Resources and Community Development shall work cooperatively in the implementation of this act. The Department of Natural Resources and Community Development or its successor shall report semi-annually beginning 1 October 1989 to the Joint Legislative Commission on Governmental Operations and the Environmental Review Commission as to progress in the implementation of this act.
Sec. 4. This act shall not be construed to obligate the General Assembly to make any appropriation to implement the provisions of this act.
Sec. 5. This act is effective upon ratification.
In the General Assembly read three times and ratified this the 11th day of July, 1989.