§ 143-355. Powers and duties of the Department. - North Carolina Statutes

§ 143‑355.  Powers andduties of the Department.

(a)        Repealed by SessionLaws 1989, c. 603, s. 1.

(b)        Functions to BePerformed. – The Department shall:

(1)        Request the NorthCarolina Congressional Delegation to apply to the Congress of the United Stateswhenever deemed necessary for appropriations for protecting and improving anyharbor or waterway in the State and for accomplishing needed flood control,shore‑erosion prevention, and water‑resources development for watersupply, water quality control, and other purposes.

(2)        Initiate, plan, andexecute a long‑range program for the preservation, development andimprovement of rivers, harbors, and inland ports, and to promote the publicinterest therein.

(3)        Prepare andrecommend to the Governor and the General Assembly any legislation which may bedeemed proper for the preservation and improvement of rivers, harbors, dredgingof small inlets, provision for safe harbor facilities, and public tidewaters ofthe State.

(4)        Make engineeringstudies, hydraulic computations, hydrographic surveys, and reports regardingshore‑erosion projects, dams, reservoirs, and river‑channelimprovements; to develop, for budget and planning purposes, estimates of thecosts of proposed new projects; to prepare bidding documents, plans, andspecifications for harbor, coastal, and river projects, and to inspectmaterials, workmanship, and practices of contractors to assure compliance withplans and specifications.

(5)        Cooperate with theUnited States Army Corps of Engineers in causing to be removed any wrecked,sunken or abandoned vessel or unauthorized obstructions and encroachments inpublic harbors, channels, waterways, and tidewaters of the State.

(6)        Cooperate with theUnited States Coast Guard in marking out and establishing harbor lines and inplacing buoys and structures for marking navigable channels.

(7)        Cooperate withfederal and interstate agencies in planning and developing water‑resourceprojects for navigation, flood control, hurricane protection, shore‑erosionprevention, and other purposes.

(8)        Provide professionaladvice to public and private agencies, and to citizens of the State, on mattersrelating to tidewater development, river works, and watershed development.

(9)        Discuss withfederal, State, and municipal officials and other interested persons a programof development of rivers, harbors, and related resources.

(10)      Make investigationsand render reports requested by the Governor and the General Assembly.

(11)      Participate inactivity of the National Rivers and Harbors Congress, the American Shore andBeach Preservation Association, the American Watershed Council, the AmericanWater Works Association, the American Society of Civil Engineers, the Councilof State Governments, the Conservation Foundation, and other national agenciesconcerned with conservation and development of water resources.

(12)      Prepare and maintainclimatological and water‑resources records and files as a source ofinformation easily accessible to the citizens of the State and to the publicgenerally.

(13)      Formulate andadminister a program of dune rebuilding, hurricane protection, and shore‑erosionprevention.

(14)      Include in thebiennial budget the cost of performing the additional functions indicatedabove.

(15)      Initiate, plan,study, and execute a long‑range floodplain management program for thepromotion of health, safety, and welfare of the public. In carrying out thepurposes of this subsection, the primary responsibility of floodplainmanagement rests with the local levels of government and it is, therefore, thepolicy of this State and of this Department to provide guidance, coordination,and other means of assistance, along with the other agencies of this State andwith the local levels of government, to effectuate adequate floodplain managementprograms.

(b1)      The Department isdirected to pursue an active educational program of floodplain managementmeasures, 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 assistanceto State agencies and local levels of government.

(c)        Repealed by SessionLaws 1961, c. 315.

(d)        Investigation ofCoasts, Ports and Waterways of State. – The Department is designated as theofficial State agency to investigate and cause investigations to be made of thecoasts, ports and waterways of North Carolina and to cooperate with agencies ofthe federal and State government and other political subdivisions in makingsuch investigations. The provisions of this section shall not be construed asin any way interfering with the powers and duties of the Utilities Commission,relating to the acquiring of rights‑of‑way for the Intra‑CoastalWaterway; or to authorize the Department to represent the State in connectionwith such duties.

(e)        Repealed by SessionLaws 1998‑129, s. 1, effective January 1, 2000.

(f)         Samples ofCuttings to Be Furnished the Department When Requested. – Every person, firm orcorporation engaged in the business of drilling, boring, coring or constructingwells in any manner by the use of power machinery shall furnish the Departmentsamples of cuttings from such depths as the Department may require from allwells constructed by such person, firm or corporation, when such samples arerequested by the Department. The Department shall bear the expense ofdelivering such samples. The Department shall, after an analysis of the samplessubmitted, furnish a copy of such analysis to the owner of the property onwhich the well was constructed; the Department shall not report the results ofany such analysis to any other person whatsoever until the person legallyauthorized to do so authorizes in writing the release of the results of theanalysis.

(g)        Reports of EachWell Required. – Every person, firm or corporation engaged in the business ofdrilling, boring, coring, or constructing wells with power machinery within theState of North Carolina shall, within 30 days of the completion of each well,report to the Department on forms furnished by the Department the location,size, depth, number of feet of casing used, method of finishing, and formationlog information of each such well. In addition such person, firm or corporationshall 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. Theperson, firm or corporation making such report to the Department shall at thetime such report is made also furnish a copy thereof to the owner of theproperty on which the well was constructed.

(h)        Drilling forPetroleum and Minerals Excepted. – The provisions of this Article shall notapply to drillings for petroleum and minerals.

(i)         Penalty forViolation. – Any person violating the provisions of subsections (e), (f) and(g) of G.S. 143‑355 shall be guilty of a Class 3 misdemeanor and, uponconviction, shall only be punished by a fine of fifty dollars ($50.00). Eachviolation shall constitute a separate offense.

(j)         MiscellaneousDuties. – The Department shall make investigations of water supplies and waterpowers, prepare and maintain a general inventory of the water resources of theState and take such measures as it may consider necessary to promote theirdevelopment; and to supervise, guide, and control the performance of the dutiesset forth in subsection (b) of this section and to hold hearings with regardthereto. In connection with administration of the well‑drilling law theDepartment may prepare analyses of well cuttings for mineral and petroleumcontent.

(k)        Water UseInformation. – Any person using, withdrawing, diverting or obtaining water fromsurface streams, lakes and underground water sources shall, upon the request ofthe Department, file a monthly report with the Department showing the amount ofwater used, withdrawn, diverted or obtained from such sources. Such reportshall be on a form supplied by the Department and shall show the identificationof 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 beforethe fifteenth day of the month succeeding the month during which the using,withdrawing, diverting or obtaining water required to be reported occurred.This subsection does not apply to withdrawals or uses by individuals orfamilies for household, livestock, or gardens. All reports required under thissubsection are provided solely for the purpose of the Department. Within themeaning of this subsection the term "person" means any and allpersons, including individuals, firms, partnerships, associations, public orprivate institutions, municipalities or political subdivisions, governmentalagencies, and private or public corporations organized or existing under thelaws of this State or any other state or country. In the event of extreme orexceptional drought or other water shortage, the Department may require eachlocal government water system and each large community water system in theaffected area to report the amount of water used, withdrawn, diverted, orobtained on a weekly basis and may require the reporting of additionalinformation necessary to assess and manage the drought or water shortage.

(l)         Local Water SupplyPlans. – Each unit of local government that provides public water service orthat plans to provide public water service and each large community watersystem shall, either individually or together with other units of localgovernment and large community water systems, prepare a local water supply planand submit it to the Department for approval. The Department shall providetechnical assistance with the preparation of plans to units of local governmentand large community water systems upon request and to the extent that theDepartment has resources available to provide assistance. At a minimum, eachunit of local government and large community water system shall include inlocal water supply plans all information that is readily available to it. Plansshall include present and projected population, industrial development, andwater use within the service area; present and future water supplies; anestimate of the technical assistance that may be needed at the local level toaddress projected water needs; current and future water conservation and waterreuse programs; a description of how the local government or large communitywater system will respond to drought and other water shortage emergencies andcontinue to meet essential public water supply needs during the emergency; andany other related information as the Department may require in the preparationof a State water supply plan. Local plans shall be revised to reflect changesin relevant data and projections at least once each five years unless theDepartment requests more frequent revisions. The revised plan shall include thecurrent and anticipated reliance by the local government unit or largecommunity water system on surface water transfers as defined by G.S. 143‑215.22G.Local plans and revised plans shall be submitted to the Department once theyhave been approved by each unit of local government and large community watersystem that participated in the preparation of the plan.

(m)       In order to assurethe availability of adequate supplies of good quality water to protect thepublic health and to support desirable economic growth, the Department shalldevelop a State water supply plan. The State water supply plan shall includethe information and projections required to be included in local plans, asummary of water conservation and water reuse programs described in localplans, 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 plansand ways in which local water supply programs could be better coordinated.

(n)        The Department ofEnvironment and Natural Resources shall report to the Environmental ReviewCommission on the implementation of this section and the development of theState water supply plan on or before 1 September of each year.  (1959, c. 779, s. 3; 1961,c. 315; 1967, c. 1069, ss. 1‑3; c. 1070, s. 1; c. 1071, ss. 3, 4; c.1117, s. 1; 1973, c. 1262, ss. 23, 28, 86; 1977, c. 771, s. 4; 1981, c. 514,ss. 2, 3; 1989, c. 603, s. 1; 1993, c. 513, s. 7(a); c. 539, s. 1034; 1994, Ex.Sess., c. 24, s. 14(c); 1995, c. 509, s. 85; 1997‑358, ss. 5, 6; 1998‑129,s. 1; 1998‑168, s. 5; 2001‑452, s. 2.7; 2002‑167, ss. 1, 2;2003‑387, s. 1; 2008‑143, s. 7.)