§ 156-69. Nature of the survey; conservation and replacement of fish and wildlife habitat; structures to control and store water.
§ 156‑69. Nature of thesurvey; conservation and replacement of fish and wildlife habitat; structuresto control and store water.
The engineer and viewers shallhave power to employ such assistants as may be necessary to make a completesurvey of the drainage district, and shall enter upon the ground and make asurvey of the main drain or drains and all its laterals. The line of eachditch, drain, or levee shall be plainly and substantially marked on the ground.The course and distance of each ditch shall be carefully noted and sufficientnotes made, so that it may be accurately plotted and mapped. A line of levelsshall be run for the entire work and sufficient data secured from whichaccurate profiles and plans may be made. Frequent bench marks shall be establishedamong the line, on permanent objects, and their elevation recorded in the fieldbooks. If it is deemed expedient by the engineer and viewers, other levels maybe run to determine the fall from one part of the district to another. If anold watercourse ditch, or channel is being widened, deepened, or straightened,it shall be accurately cross‑sectioned so as to compute the number ofcubic yards saved by the use of such old channel. A drainage map of thedistrict shall then be completed, showing the location of the ditch or ditchesand other improvements and the boundary, as closely as may be determined by therecords, of the lands owned by each individual landowner within the district.The location of any railroads or public highways and the boundary of anyincorporated towns or villages within the district shall be shown on the map.There shall also be prepared to accompany this map a profile of each levee,drain, or watercourse, showing the surface of the ground, the bottom or gradeof the proposed improvement, and the number of cubic yards of excavation orfill in each mile or fraction thereof, and the total yards in the proposedimprovement and the estimated cost thereof, and plans and specifications, andthe cost of any other work required to be done.
The board of viewers shallconsider the effect of the proposed improvements upon the habitat of fish andwildlife, and the laws and regulations of the Commission for Public Health.Their report shall include their recommendations and the estimated costthereof, as to the conservation and replacement of fish and wildlife habitat,if they shall determine such shall be damaged or displaced by the proposedimprovement. The board, to determine their recommendations, may consultgovernmental agencies, wildlife associations, individuals, or such othersources as they may deem desirable, to assist them in their considerations ofand recommendations relating to, the conservation and replacement of fish andwildlife habitat.
The board of viewers shallconsider the need for and feasibility of, the construction of structures whichwill do one or more of the following:
(1) Control the flow ofwater,
(2) Impound or storewater and,
(3) Provide areas forconservation and replacement of fish and wildlife habitat.
If structures are recommendedfor any one or more of said purposes, their report shall include:
(1) Specificationstherefor.
(2) Location thereoftogether with the description of the area of land needed for the purpose ofsaid structure, i.e., water storage or impoundment, or fish and wildlifehabitat.
(3) Estimate of costthereof.
The report of the board ofviewers shall set forth, in regard to the foregoing, the following information:
(1) The areas of landneeded for construction and maintenance of:
a. The canals anddrainage system.
b. Structures to:
1. To control thewater,
2. Impound or storewater and,
3. To conserve andreplace fish and wildlife habitat.
(2) Upon whose land suchareas are located.
(3) The area of landnecessary to be acquired from each landowner.
The map accompanying thereport shall have shown thereon, the location of the areas of land needed forthe construction and maintenance of the following:
(1) The canal anddrainage system.
(2) Structures to:
a. Control the flow ofwater,
b. Impound or store thewater,
c. Conserve and replacefish and wildlife habitat.
The board of viewers may, inits discretion, agree with the Soil Conservation Service of the Department ofAgriculture or any agency of the government of the United States or of the Stateof North Carolina whereby such agency will furnish all or a part of the servicenecessary to obtain the information set forth in the preceding paragraph and inG.S. 156‑68.
The board of viewers mayaccept such information as furnished by such agencies and include suchinformation in their final report to the clerk.
The board of viewers andengineers of the district may use control or semicontrol, mosaic aerialphotographs or other sources and stereoscopic or other methods, generally usedand deemed acceptable by civil and drainage engineers for the purpose ofobtaining the information required in this section and in lieu of a detailedground survey. In the event a detailed ground survey is not made, only thoseground markings need be made as the board of viewers deem necessary. Thelocation of the proposed canals must be shown on the ground prior to actualconstruction. (1909,c. 442, s. 10; C.S., s. 5327; 1959, c. 597, s. 1; 1961, c. 614, ss. 5, 9; 1965,c. 1143, s. 1; 1973, c. 476, s. 128; 2007‑182, s. 2.)