North Carolina General Statutes
Article 21 - Water and Air Resources.
§ 143-215.72 - Review of applications.

143-215.72. Review of applications.
(a) The Secretary shall receive and review applications for the grants specified in this Part and approve, approve in part, or disapprove such applications.
(b) In reviewing each application, the Secretary shall consider:
(1) The economic, social, and environmental benefits to be provided by the projects;
(2) Regional benefits of projects to an area greater than the area under the jurisdiction of the local sponsoring entity;
(3) The financial resources of the local sponsoring entity;
(4) The environmental impact of the project;
(5) Any direct benefit to State-owned lands and properties.
(c) When the Secretary issues new or revised policies for review of grant applications and fund disbursement under this Part, those policies shall not apply to a project already approved for funding unless the project applicant agrees to the new or revised policy. For purposes of this section, a project is approved for funding when the Department enters into a contract or other binding agreement to provide any share of State funding for the project. Nothing in this subsection is intended to preclude the Secretary from issuing or enforcing policies applicable to projects approved for funding in order to comply with a requirement of State law or federal law or regulations.
(d) The following procedures apply only to grants for the purpose set forth in G.S. 143-215.71(8):
(1) A nongovernmental entity managing, administering, or executing the grant on behalf of a unit of local government may apply as a co-applicant for the grant and may be included as a responsible party on any required resolution issued by the unit of local government.
(2) Upon request signed by the grant applicant and co-applicant, the Department shall make periodic payments to the co-applicant for its share of nonfederal costs of a project prior to receipt of a final practice approval from the Natural Resources Conservation Service if the grantee has submitted a certified reimbursement request or invoice.
(3) The Department shall annually report no later than November 1 to the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources and the Fiscal Research Division regarding grants for projects funded through the Western Stream Initiative. The report shall include measures of grant administration and grant implementation efficiency and effectiveness. For purposes of this subdivision, the "Western Stream Initiative" refers to the portion of federal Environmental Quality Incentives Program funding provided to the Western North Carolina Stream Initiative for the counties of Alexander, Alleghany, Ashe, Avery, Buncombe, Burke, Caldwell, Catawba, Cherokee, Clay, Cleveland, Graham, Haywood, Henderson, Iredell, Jackson, Lincoln, Macon, Madison, McDowell, Mitchell, Polk, Rutherford, Stokes, Surry, Swain, Transylvania, Watauga, Wilkes, Yadkin, and Yancey.
(4) A single project shall consist of all the landowners and other participants under a project design contract approved by the Natural Resources Conservation Service for a contiguous section of stream. (1979, c. 1046, s. 1; 2017-57, s. 36.3(h); 2017-212, s. 4.10(b); 2020-18, s. 13(c); 2021-180, s. 40.3(e).)

Structure North Carolina General Statutes

North Carolina General Statutes

Chapter 143 - State Departments, Institutions, and Commissions

Article 21 - Water and Air Resources.

§ 143-211 - Declaration of public policy.

§ 143-212 - Definitions.

§ 143-213 - Definitions.

§ 143-214.1 - Water; water quality standards and classifications; duties of Commission.

§ 143-214.2 - Prohibited discharges.

§ 143-214.2A - Prohibited disposal of medical waste.

§ 143-214.2B - Storage of waste on vessels.

§ 143-214.3 - Revision to water quality standard.

§ 143-214.4 - Certain cleaning agents containing phosphorus prohibited.

§ 143-214.5 - Water supply watershed protection.

§ 143-214.7 - Stormwater runoff rules and programs.

§ 143-214.7A - Stormwater control best management practices.

§ 143-214.7B - Fast-track permitting for stormwater management systems.

§ 143-214.7C - Prohibit the requirement of mitigation for certain impacts; establish threshold for mitigation of impacts to streams.

§ 143-214.8 - Division of Mitigation Servicesestablished.

§ 143-214.9 - Division of Mitigation Servicespurposes.

§ 143-214.10 - Division of Mitigation Servicesdevelopment and implementation of basinwide restoration plans.

§ 143-214.11 - Division of Mitigation Servicescompensatory mitigation.

§ 143-214.11A - Flood storage capacity restoration and enhancement.

§ 143-214.12 - Division of Mitigation ServicesEcosystem Restoration Fund.

§ 143-214.13 - Division of Mitigation Servicesreporting requirement.

§ 143-214.14 - Cooperative State-local coalition water quality protection plans.

§ 143-214.15 - Compensatory mitigation for diverse habitats.

§ 143-214.20 - Riparian Buffer Protection ProgramAlternatives to maintaining riparian buffers; compensatory mitigation fees.

§ 143-214.21 - Riparian Buffer Protection ProgramRiparian Buffer Restoration Fund.

§ 143-214.22 - Riparian Buffer Protection ProgramDepartment may accept donations of real property.

§ 143-214.23 - Riparian Buffer Protection ProgramDelegation of riparian buffer protection requirements to local governments.

§ 143-214.23A - Limitations on local government riparian buffer requirements.

§ 143-214.24 - Riparian Buffer Protection ProgramCoordination with River Basin Associations.

§ 143-214.25 - Expired.

§ 143-214.25A - Riparian Buffer Protection ProgramSurface Water Identification Training and Certification Program.

§ 143-214.26 - Nutrient offset credits.

§ 143-215 - Effluent standards or limitations.

§ 143-215.1 - Control of sources of water pollution; permits required.

§ 143-215.1A - Closed-loop groundwater remediation systems allowed.

§ 143-215.1B - Extension of date for compliance with nitrogen and phosphorus discharge limits.

§ 143-215.1C - Report to wastewater system customers on system performance; report discharge of untreated wastewater to the Department; publication of notice of discharge of untreated wastewater and waste.

§ 143-215.2 - Special orders.

§ 143-215.2A - Relief for contaminated private drinking water wells.

§ 143-215.3 - General powers of Commission and Department; auxiliary powers.

§ 143-215.3A - Water and Air Quality Account; use of application and permit fees; Title V Account; I & M Air Pollution Control Account; reports.

§ 143-215.3C - Confidential information protected.

§ 143-215.3D - Fee schedule for water quality permits.

§ 143-215.3E - Expired December 31, 2020.

§ 143-215.4 - Mailing list for rules; procedures for public input; form of order or decision; seal; official notice.

§ 143-215.5 - Judicial review.

§ 143-215.6 - Recodified as §§ A through C.

§ 143-215.6A - Enforcement procedurescivil penalties.

§ 143-215.6B - Enforcement procedurescriminal penalties.

§ 143-215.6C - Enforcement procedures; injunctive relief.

§ 143-215.6D - Additional requirements applicable to certain municipal wastewater treatment facilities.

§ 143-215.6E - Violation Points System applicable to swine farms.

§ 143-215.7 - Effect on laws applicable to public water supplies and the sanitary disposal of sewage.

§ 143-215.8A - Planning.

§ 143-215.8B - Basinwide water resources management plans.

§ 143-215.8D - North Carolina Water Quality Workgroup; Rivernet.

§ 143-215.9 - Restrictions on authority of the Commission.

§ 143-215.9A - Reports.

§ 143-215.9B - Systemwide municipal and domestic wastewater collection system permit program report.

§ 143-215.9C - Use of certain types of culverts allowed.

§ 143-215.9D - Agricultural operation investigations confidential.

§ 143-215.9E - Initial consideration of complaint.

§ 143-215.10A - Legislative findings and intent.

§ 143-215.10B - Definitions.

§ 143-215.10C - Applications and permits.

§ 143-215.10D - Operations review.

§ 143-215.10E - Violations requiring immediate notification.

§ 143-215.10F - Inspections.

§ 143-215.10G - Fees for animal waste management systems.

§ 143-215.10H - Swine integrator registration.

§ 143-215.10I - Performance standards for animal waste management systems that serve swine farms; lagoon and sprayfield systems prohibited.

§ 143-215.10M - Reports.

§ 143-215.11 - Short title.

§ 143-215.12 - Declaration of purpose.

§ 143-215.13 - Declaration of capacity use areas.

§ 143-215.14 - Rules within capacity use areas; scope and procedures.

§ 143-215.15 - Permits for water use within capacity use areas - Procedures.

§ 143-215.16 - Permits for water use within capacity use areas duration, transfer, reporting, measurement, present use, fees and penalties.

§ 143-215.17 - Enforcement procedures.

§ 143-215.18 - Map or description of boundaries of capacity use areas.

§ 143-215.19 - Administrative inspection; reports.

§ 143-215.21 - Definitions.

§ 143-215.22 - Law of riparian rights not changed.

§ 143-215.22A - Water withdrawal policy; remedies.

§ 143-215.22B - Roanoke River Basin water rights.

§ 143-215.22G - Definitions.

§ 143-215.22H - Registration of water withdrawals and transfers required.

§ 143-215.22L - Regulation of surface water transfers.

§ 143-215.23 - Short title.

§ 143-215.24 - Declaration of purpose.

§ 143-215.25 - Definitions.

§ 143-215.25A - Exempt dams.

§ 143-215.26 - Construction of dams.

§ 143-215.27 - Repair, alteration, or removal of dam.

§ 143-215.27A - Closure of coal combustion residuals surface impoundments to render such facilities exempt from the North Carolina Dam Safety Law of 1967.

§ 143-215.28 - Action by Commission upon applications.

§ 143-215.28A - Application fees.

§ 143-215.29 - Supervision by qualified engineers; reports and modification during work.

§ 143-215.30 - Notice of completion; certification of final approval; notice of transfer.

§ 143-215.31 - Supervision over maintenance and operation of dams.

§ 143-215.32 - Inspection of dams.

§ 143-215.32A - Dam Safety Emergency Fund.

§ 143-215.33 - Administrative hearing.

§ 143-215.34 - Investigations by Department; employment of consultants.

§ 143-215.35 - Liability for damages.

§ 143-215.36 - Enforcement procedures.

§ 143-215.37 - Rights of investigation, entry, access, and inspection.

§ 143-215.38 - Short title.

§ 143-215.39 - Public policy.

§ 143-215.40 - Resolutions and ordinances assuring local cooperation.

§ 143-215.41 - Items of cooperation to which localities and the State may bind themselves.

§ 143-215.42 - Acquisition of lands.

§ 143-215.43 - Additional powers.

§ 143-215.44 - Right of withdrawal.

§ 143-215.45 - Transfer of right of withdrawal.

§ 143-215.46 - Exercise of right of withdrawal.

§ 143-215.47 - Effect of right of withdrawal on discharges of water.

§ 143-215.48 - Determining streamflows.

§ 143-215.49 - Right of withdrawal for use in community water supply.

§ 143-215.50 - Interpretation with other statutes.

§ 143-215.51 - Purposes.

§ 143-215.52 - Definitions.

§ 143-215.54 - Regulation of flood hazard areas; prohibited uses.

§ 143-215.54A - Minimum standards for ordinances; variances for prohibited uses.

§ 143-215.55 - Acquisition of existing structures.

§ 143-215.56 - Delineation of flood hazard areas and 100-year floodplains; powers of Department; powers of local governments and of the Department.

§ 143-215.56A - Floodplain Mapping Fund.

§ 143-215.57 - Procedures in issuing permits.

§ 143-215.58 - Violations and penalties.

§ 143-215.59 - Other approvals required.

§ 143-215.60 - Liability for damages.

§ 143-215.61 - Floodplain management.

§ 143-215.62 - Revolving fund established; conditions and procedures.

§ 143-215.63 - Short title.

§ 143-215.64 - Purpose.

§ 143-215.65 - Reports required.

§ 143-215.66 - Monitoring required.

§ 143-215.67 - Acceptance of wastes to disposal systems and air-cleaning devices.

§ 143-215.69 - Enforcement procedures.

§ 143-215.70 - Secretary of Environmental Quality authorized to accept applications.

§ 143-215.71 - Purposes for which grants may be requested.

§ 143-215.72 - Review of applications.

§ 143-215.73 - Recommendation and disbursal of grants.

§ 143-215.73A - Water Resources Development Plan.

§ 143-215.73B - Water resources development grants administration.

§ 143-215.73F - Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund.

§ 143-215.73J - Deep Draft Navigation Channel Dredging and Maintenance Fund.

§ 143-215.73M - Coastal Storm Damage Mitigation Fund.

§ 143-215.74 - through BRecodified as Article 72 of Chapter 106, G.S106-850 through G.S106-852, by Session Laws 2011-145, s13.22A(t), effective July 1, 2011.

§ 143-215.74A - 143-215.74 through 143-215.74BRecodified as Article 72 of Chapter 106, G.S106-850 through G.S106-852, by Session Laws 2011-145, s13.22A(t), effective July 1, 2011.

§ 143-215.74B - 143-215.74 through Recodified as Article 72 of Chapter 106, G.S106-850 through G.S106-852, by Session Laws 2011-145, s13.22A(t), effective July 1, 2011.

§ 143-215.74F - Program authorized.

§ 143-215.74G - Applications.

§ 143-215.74H - 143.215.74HAssistance.

§ 143-215.74I - Projects.

§ 143-215.74M - Recodified as Article 73 of Chapter 106, G.S106-860, by Session Laws 2011-145, s13.22A(x), effective July 1, 2011.