02 NCAC 59G .0104. APPROVAL OF WATER QUALITY TECHNICAL SPECIALISTS

(a)  Technical specialist designation categories and roles are as follows:

(1)           The Structural Animal Waste category provides for the design and construction inspection of lagoons, storage ponds, dry stacks and other similar structures.

(2)           The Waste Utilization Plan category provides for:

(A)          The development of land application plans including crop acreages available to meet nutrient and hydraulic loading rates, application windows, determination of animal waste nutrient amounts, evaluation of fields for phosphorous loss, field buffers and related measures;

(B)          Confirmation of storage volumes, exterior lots, lagoon closures, and cropping systems; and

(C)          Development and establishment of buffers and setbacks to manage runoff from exterior lots. 

(3)           The Runoff Control category provides for the approval of the design and implementation of filter strips, diversions, grass channels and related BMPs which manage runoff from exterior lots.

(4)           The Irrigation Equipment category provides for the design and installation of irrigation systems to include pipe size, pump horsepower, nozzle size, system layout, and other system parameters.

(5)           The Wettable Acres category provides for the determination of irrigated acreage in accordance with a Certified Animal Waste Management Plan.

(6)           The Waste Utilization Plan/Nutrient Management category provides for the items included in Subparagraph (a)(2) of this Rule and the authority to approve river basin nutrient management plans and to certify the land application component of a USDA Comprehensive Management Plan.

(7)           The Inorganic Fertilizer/Nutrient Management category provides for approval of river basin nutrient management plans for inorganic fertilizer only.

(8)           The Water Management category provides for design and installation of subsurface water management systems.

(b)  The Commission designates the following as technical specialists:

(1)           Individuals who have been assigned approval authority for a designation category by the USDA NRCS, the North Carolina Department of Agriculture and Consumer Services, the Division of Soil and Water Conservation, or the North Carolina Cooperative Extension Service.  Soil and Water Conservation District employees are assigned approval authority by the USDA NRCS. Agency employees who do not have a designation at the time this Rule becomes effective must meet the training requirements included in Subparagraph (c)(2) of this Rule in order to receive a designation;

(2)           Professional engineers subject to the "The NC Engineering and Land Surveying Act" for the categories of structural animal waste, waste utilization plan, runoff control, irrigation equipment and water management designation; and

(3)           Individuals not included in Subparagraph (b)(1) and (b)(2) who meet the criteria in Paragraph (c) of this Rule. 

(c)  Those individuals not designated in Subparagraphs (b)(1) or (b)(2) of this Rule must have an existing designation at the time this Rule becomes effective under 02 NCAC 59E .01025 or must meet the following criteria and training requirements:

(1)           Minimum criteria for each designation category are:

(A)          The Irrigation Equipment designation requires designation as an irrigation designer by the National Irrigation Association or three years experience in the design of irrigation systems for waste application.

(B)          The Wettable Acres designation requires holding either the waste utilization plan or irrigation equipment designation.

(C)          The Waste Utilization Plan/Nutrient Management and the Inorganic Fertilizer Only/Nutrient Management designations require either three years experience in nutrient management, a four year degree in agronomy or related field or a combination of education and experience totaling four years.

(D)          The Structural Animal Waste, Runoff Control and Water Management designations are reserved only for those individuals included in Subparagraphs (b)(1) or (b)(2);

(2)           Training requirements are:

(A)          For the category of Waste Utilization Plan/Nutrient Management, North Carolina Nutrient Management Course taught by the NCCES or the NRCS and the North Carolina Nutrient Management Software Course taught by the Division or the NCCES.

(B)          For the category of Inorganic Fertilizer Only/Nutrient Management, North Carolina Inorganic Fertilizer Nutrient Management Course taught by the NCCES or the NRCS and the North Carolina Nutrient Management Software Course taught by the Division or the NCCES.

(C)          For the category of Wettable Acres, the North Carolina Wettable Acres Course taught by the NCCES.

(3)           Provide to the Division an "Application for Designation for Technical Specialist" and evidence of experience and training required for each designation category.  A list of three references who can attest to the applicant's technical competence must accompany the application.

(4)           Be determined by the Commission to meet the requirements of this Rule for designation.

(d)  Professional Engineers included in Subparagraph (b)(2) who are licensed after the effective date of this Rule must attend the North Carolina Nutrient Management Course and the North Carolina Nutrient Management Software Course in order to use the waste utilization plan designation.

(e)  All technical specialists must attend training as provided by the Division, NRCS or NCCES when new areas evolve within their designation in order to maintain their designation.

(f)  Upon the finding by the Commission that the work of a technical specialist designated under Subparagraph (b)(3) of this Rule fails to comply with the requirements of 15A NCAC 02H .02017(a), 15A NCAC 06F, the NRCS Technical Guide or any applicable state or federal laws, or submits false data or is in any other way dishonest, the Commission may withdraw its designation of the technical specialist in any or all categories.  Upon the finding by the commission that the work of a technical specialist designated under Subparagraph (b)(1) of this Rule the Commission shall forward these findings to the respective agency with the request that the agency provide documentation that their technical specialist has received training to correct deficiencies in the area of work to retain a designation.  If the agency fails to provide such documentation, the Commission may withdraw its designation of the technical specialist for any or all categories.

 

History Note:        Authority G.S. 106-840; 139-4;

Temporary Adoption Eff. October 22, 2001;

Eff. April 1, 2003;

Transferred from 15A NCAC 06H .0104 Eff. May 1, 2012.