HomeMy WebLinkAboutAgenda - 04-07-1998 - 9aOrange County
Board of Commissioners
Action Agenda Item Abstract
Meeting Date: April 7, 1998
Action Agenda
Item No. 4-4
Subject: Joint Agreement for Water Quality Improvements and New Position
Department: Soil and Water Public Hearing: Yes No X
Budget Amendment
Needed: Yes X No
Attachment(s): Information Contact:
1 -Joint Agreement with the N.C. Department of Brent Bogue, District
Environment and Natural Resources and Conservationist
the U.S. Natural Resources Conservation Extension 2751
Service
2 -Conservation Specialist Class Specification Telephone Number:
Hillsborough 732-8181
Chapel Hill 968-4501
Durham 688-7331
Mebane 227-2031
Purpose: To consider entering into a joint agreement with the N.C. Department of
Environment and Natural Resources and the U.S. Natural Resources
Conservation Service to provide water quality technical assistance to
farmers to reduce nitrogen delivered to the Neuse River.
Background: On December 11, 1997, the N.C. Environmental Management
Commission adopted a rule to support implementation of the Neuse
River Basin Nutrient Sensitive Waters Management Strategy. The
rules states:
All persons engaging in agricultural operations in the
Neuse River Basin shall collectively achieve and maintain
a 30 percent net total nitrogen loading reduction from the
cumulative average 1991-95 nitrogen loadings within five
years from the effective date of this rule.
The rule will become effective August 1, 1998, subject to approval by
the Environmental Management Rules Review Commission and the
North Carolina General Assembly.
The N.C. Department of Environment and Natural Resources and the
U.S. Natural Resources Conservation Service have identified Orange
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County as one of 10 counties within the State where funds will be
allocated for improving the quality of water in the Neuse River Basin.
The funds will be directed at providing technical assistance to
landowners and farmers in identifying, planning, and implementing
nutrient run-off reduction practices to reduce the amount of nitrogen
entering the Neuse River Basin.
The planned project is a five year project projected to extend until
September 30, 2003 in conjunction with the five year goal to reduce
nitrogen delivered to the Neuse River by 30 percent in that period.
Under the proposed joint agreement, the N.C. Department of
Environment and Natural Resources and the U.S. Natural Resources
Conservation Service will provide funding to Orange County for the
County to establish a new permanent full time position of Conservation
Specialist. This proposed new position will:
^ Advise and educate landowners and farmers in Orange County and
parts of Person and Durham Counties on regulatory requirements of
agriculture operations for the Neuse River Basin.
^ Review the farmer's or landowner's existing nutrient management
practices and procedures.
^ Work with the farmer or landowner to develop, design and
implement plans to achieve nutrient reduction goals and apply the
best management water conservation practices.
^ Oversee the installation of water conservation practices and ensure
that State specifications and guidelines are met.
^ Review plans and practices periodically and make revisions if
necessary.
The outcome sought by the activity of this position and the others
established in other counties for this same purpose is to assist farmers
and landowners in using the best nutrient management practices to
achieve the goal of 30 percent net total nitrogen loading reduction in
the Neuse River Basin.
Under the joint agreement, the N.C. Department of Environment and
Natural Resources and the U.S. Natural Resources Conservation
Service will fully fund the proposed new position. Half of the funds will
come from the State government and half from the Federal
government. There is no County funding involved.
3
Recommendation: The Manager recommends the Board:
^ Authorize the Board Chair to sign the joint agreement, subject to
final review by County staff and the County attorney.
o Establish a new permanent full-time Conservation Specialist
position, subject to continuation of funds from the N.C. Department
of Environment and Natural Resources and the U.S. Natural
Resources Conservation Service.
^ Amend the Orange County Classification and Pay Plan to change
the existing class title of Conservation Technician to Conservation
Specialist and to change the salary grade from Salary Grade 63
($22,958 - $36,506) to Salary Grade 65 ($25,312 - $40,244).
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4 i
Agreement No. A-4532-
Page 1 of 6 pages ~
JOINT AGREEMENT
By and Between
COUNTY
SOIL AND WATER CONSERVATION DISTRICT
State of North Carolina
And The
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF SOIL AND WATER CONSERVATION
State of North Carolina
And The
NATURAL RESOURCES CONSERVATION SERVICE
United States Department of Agriculture
This agreement is made on this day of ,
1998 by and between the County Soil and Water
Conservation District, hereinafter called the District; the
Department of Environment and Natural Resources, Division of Soil
and Water Conservation of the State of North Carolina,
hereinafter called the Division; and the Natural Resources
Conservation Service of the United States Department of
Agriculture, hereinafter called NRCS.
Purpose:
The District, Division and NRCS recognize the need to provide
accelerated technical assistance to local citizens and land users
in natural resource conservation planning, and application for
resource systems to comply with state rules and regulations in
the Neuse River Basin. Accelerated technical assistance is
desirable for natural resources conservation planning, systems
design and installation to achieve a 30% reduction in nitrogen
delivered to the Neuse River, as described in the N.C. Neuse
River Basin Nutrient Sensitive Waters Management Strategy. The
District, Division and NRCS are cooperating in the conservation
planning and development of resource systems. The District is
willing to provide the resources needed for the planning and
development. The Division and NRCS are willing to reimburse the
District for the costs associated with said natural resource
conservation planning and development.
5
Agreement No. A-4532-
Page 2 of 6 pages
I. The District agrees to:
A. Advertise for a position, interview candidates, and
select the best qualified candidate that is mutually
acceptable to the District, Division, and NRCS.
B. Allow the Neuse position employee to work where the
Division's Neuse Basin Coordinator assigns him/her to
achieve the greatest benefit within the basin, with
first priority being in the District and second
priority in a nearby District.
C. Provide facilities, management and coordination for
District personnel to meet needs for plans and designs
associated with the Neuse River Basin Nutrient
Management Strategy.
D. Provide necessary equipment, supplies, transportation,
travel expenses, salaries and related expenses for
District personnel.
E. Submit quarterly billings to the Division and NRCS for
reimbursement of actual expenses of carrying out their
responsibilities as outlined in this agreement.
Billings will be submitted to the Division on Form NC-
ACSP7, NC Agriculture Cost Share Program, and to NRCS
on Form SF-270, Request for Advance or Reimbursement.
Each billing will be supported by itemized
statements.
F. Comply with the Special Provisions, Attachment A, which
are hereby attached and made a part hereof.
II. The Division agrees to:
A. Provide Division personnel to coordinate activities
with the District personnel.
B. Pay all salaries and other related expenses of Division
personnel.
C. Administer the Neuse Basin technical assistance program
by overseeing the Neuse position employee, subject to
this agreement in the areas of targeting, planning,
implementing, and tracking of nutrient reduction
conservation practices..
6 ,
Agreement No. A-4532-
D. Reimburse the District a portion of
incurred, not to exceed $
period beginning with the effective
agreement through June 30, 1998, to
District expenses in performing the
described in Section I.
III. NRCS agrees to:
Page 3 of 6 pages
actual expenses
for the
date of this
help defray
items of work
A. Provide NRCS personnel to coordinate activities with
the District personnel.
B. Pay all salaries and other related expenses of NRCS
personnel.
C. Provide technical oversight to ensure that
conservation practices are designed and installed in
accordance with NRCS standards, and provide training
to the Neuse position employee hired under this
agreement so that the employee achieves and maintains
an appropriate level of technical expertise.
D. Reimburse the District a portion of the actual
expenses incurred, not to exceed $ for
the period beginning with the effective date of this
agreement through June 30, 1998, to help defray
District expenses in performing the items of work
described in Section I.
IV. It is mutually agreed:
A. This agreement will remain in effect until September
30, 2003. This agreement may be amended and/or revised
at any time by written amendment as agreed to by the
parties hereto.
B. NRCS cannot make commitments in excess of appropriated
funds authorized by law and administratively made
available. If the National Headquarters of NRCS ceases
to provide financial support for the accelerated
technical assistance, or if NRCS cannot fulfill the
obligations stated in this agreement because of
appropriations, this agreement will automatically
terminate.
Agreement No. A-4532-
Page 4 of 6 pages
C. The Division intends to fulfill its obligations
stated in this agreement. The Division cannot make
commitments in excess of appropriated funds
authorized by law and administratively made
available. If the Division cannot fulfill the
obligations because of appropriations, this agreement
will automatically terminate.
D. Either party may terminate this agreement at any time
by giving at least 30 days written notice to the
other party.
E. No member or delegate to Congress, or resident
commissioner, and no officer, agent or employee of
the Government shall be admitted to any share or part
of this agreement, or to any benefit arising from it.
However, this clause does not apply to this agreement
to the extent that this agreement is made with a
corporation for the corporation's general benefit.
By:
F. The program or activities conducted under this
agreement will be in compliance with the
nondiscrimination provisions contained in Titles VI
and VII of the Civil Rights Act Of 1964, as amended;
the Civil Rights Restoration Act of 1987 (Public Law
100-259); and other nondiscrimination statutes:
namely, Section 504 of the Rehabilitation Act of
1973, Title IX of the Education Amendments of 1972,
and the Age Discrimination Act of 1975. They will
also be in accordance with regulations of the
Secretary of Agriculture (7 CFR-15, Subparts A & B),
which provide that no person in the United States
shall on the grounds of race, color, national origin,
age, sex, religion, marital status, or handicap be
excluded from participation in, be denied the
benefits of, or be otherwise subjected to
discrimination under any program or activity
receiving federal financial assistance from the
Department of Agriculture or any agency thereof.
COUNTY
Title: Chair,Orange Countv Board of Commissioners
Date:
8
Agreement No. A-4532-
t
Page 5 of 6 pages
COUNTY
SOIL AND WATER CONSERVATION DISTRICT
By:
Title.
Date:
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
By:
Title.
Date:
STATE OF NORTH CAROLINA
DIVISION OF SOIL AND WATER CONSERVATION
By:
Title.
Date:
9
Agreement No. A-4532-
Page 6 of 6 pages
UNITED STATES DEPARTMENT OF AGRICULTURE
NATURAL RESOURCES CONSERVATION SERVICE
By:
Title.
Date:
Authority: Conservation Operations, PL 74-46; 16 U.S.C. 590 a-f
15A NCAC 6E Agriculture Cost Share Program for
Nonpoint Pollution Control
NCGS 139-8, Soil Conservation Districts Law
f:pers\soilcons.doc
C3170-4/98 10
CONSERVATION SPECIALIST
GENERAL DEFINITION OF WORK:
Performs intermediate technical and administrative work improving the quality of water
in the Neuse River Basin by ensuring that landowners and farmers adhere to nutrient
reduction goals that are mandated by N.C. General Statutes; does related work as
required.
Work is performed under general supervision.
TYPICAL TASKS:
Advises and educates landowners and farmers in Orange, Person and Durham Counties
on regulatory requirements of agriculture operations for the Neuse River Basin;
Collects and reviews data and existing practices to determine if landowners and farmers
are complying with regulatory requirements;
Develops and designs individual conservation plans and best management conservation
practices for nutrient reduction goals in accordance with local, State and Federal rules and
regulations;
Implements best management conservation practices such as nutrient management plans,
water control structures, riparian buffers, field borders, filter strips and animal waste
management;
Oversees the installation of conservation practices and ensures that the installations meet
State specifications and guidelines;
Reviews conservation plans and practices periodically and makes revisions if necessary;
Assists Soil and Water staff in planning, developing and implementing soil and water
conservation services;
Inputs descriptive and statistical data into the computer and generates reports;
Performs related tasks as assigned.
KNOWLEDGES, SKILLS AND ABILITIES:
General knowledge of the theory, principles, practices and techniques of soil and water
conservation in rural, suburban and urban areas; general knowledge of the various
guidelines, policies, ordinances and regulations pertaining to soil and water conservation
and land development and management; skill in the use of basic engineering surveying
equipment; ability to present the results of research and recommendations effectively in
oral, written, or graphic form; ability to solve problems within scope of responsibility;
ability to communicate effectively, both oral and written; ability to establish and maintain
effective working relationships with land owners, land users, associates, governmental
officials and the general public.
EDUCATION AND EXPERIENCE:
Any combination of education and experience equivalent to graduation from an
accredited college or university with major course work in agriculture science, soil and
water resource conservation, environmental science or related field and at least two years
experience in agriculture science, soil and water resource conservation or related area or
graduation from high school and at least four years experience in agriculture science, soil
and water resource conservation or related area.
SPECIAL REQUIREMENTS:
Possession of an appropriate driver's license valid in the State of North Carolina.