North Carolina register, April 1986 - June 1998

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NORTH CAROLINA IN THIS ISSUE
Volume 1 1 f Issue 9
Pages 568 - 8 1 6
August 1 , 1 996
This issue contains documents officially
filed through July 11, 1996.
Office of Administrative Hearings
Rules Division
424 North Blount Street (27601)
PO Drawer 27447
Raleigh, NC 27611-7447
(919) 733-2678
FAX (919) 733-3462
Julian Mann III, Director
James R. Scarcella Sr., Deputy Director
Molly Masich, Director of APA Services
Ruby Creech, Publications Coordinator
Teresa Kilpatrick, Editorial Assistant
Jean Shirley, Editorial Assistant
Linda Richardson, Editorial Assistant
F ' ^i
I. '4S ADDITION C?5^ Environment ^Health,: and Natural Resources
E^iyisiqn of Water Quality 590-795
* fiTIRULE-MAKING AGENDA
^Labor n ' ~} ETvETT
—^- J i^lX. /-i ^ X,'
568
III. RULE-MAKING PROCEEDINGS
Administrative Hearings
Rules Division 570
Commerce
Community Assistance 569
Departmental Rules 569
Human Resources
Medical Assistance 569 - 570
IV. PROPOSED RULES
Administrative Hearings
Hearings Division 588-589
Community Colleges
Community Colleges 585-588
Miscellaneous Programs 588
Environment, Health, and Natural Resources
Coastal Management 575
Environmental Management 572 - 575
Health Services 576
Human Resources
Child Day Care Commission 571 - 572
Licensing Boards
General Contractors 583 - 585
Public Education
Public School Administration 576 - 582
Revenue
Corporate Income and Franchise Tax 582 - 583
V. LIST OF RULES CODIFIED 796
VI. RULES REVIEW COMMISSION 797-801
VII. CONTESTED CASE DECISIONS
Index to ALI Decisions 802-809
Text of Selected Decisions
92 DST 1066 810-813
95 CPS 1399 814-815
VIII. CUMULATIVE INDEX 1 23
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RULE-MAKING AGENDA
An agency may choose to publish a rule-making agenda which serves as a notice of rule-making proceedings if
the agenda includes the information required in a notice of rule-making proceedings. The agency must accept
comments on the agenda
for at least 60 days from the publication date. Statutory reference: G.S. 150B-21.2.
TITLE 13 - DEPARTMENT OF LABOR
CHAPTER 7 - OSHA
SUBJECT: Amending current construction standards to require grounding of deenergized transmission and distribution lines
and equipment to protect employees from electrocution.
RULE CITATION: 13 NCAC 07F .0201 (which will amend 29 CFR 1926.950)
STATUTORY AUTHORITY: G.S. 95-4; 95 131
DIVISION: Division of Occupational Safety and Health/NC Dept of Labor
DIVISION CONTACT/TELEPHONE: Jill F. Cramer/ (919)662-4581 or 1-800-LABORNC
TYPE OF RULE: Amendment to current standard
STAGE OF DEVELOPMENT: Concept stage
GOV LEVELS AFFECTED: Only employers that engage in the construction of electric transmission and distribution lines
would be affected by this amendment. The only known state entities that would be affected
are the universities within the UNC System that have their own co-generation plants, the
University of North Carolina and Appalachian State University (New River Power & Light),
and a transmission plant at Western Carolina University.
REASON FOR ACTION: To protect construction employees from known sources of electrocution.
SCOPE/NATURE/SUMMARY: This will be an amendment to the current Subpart V, Power Transmission and Distribution,
of Part 1926 to provide more protection to employees working with deenergized parts by
requiring grounding of the deenergized part instead of or in addition to using insulated tools.
CITATION TO EXISTING RULE AFFECTED: Unknown.
11:9 NORTH CAROLINA REGISTER August 1, 1996 568
RULE-MAKING PROCEEDINGS
A Notice of Rule-making Proceedings is a statement of subject matter of the agency's proposed rule making. The
agency must publish a notice of the subject matter for public comment at least 60 days prior to publishing the
proposed text of a rule. Publication of a temporary rule serves as a Notice of Rule-making Proceedings and can be
found in the Register under the section heading of Temporary Rules. A Rule-making Agenda published by an agency
serves as rule-making proceedings and can be found in the Register under the section heading of Rule-making
Agendas. Statutory reference: G.S. 150B-21.2.
TITLE 4 - DEPARTMENT OF COMMERCE
CHAPTER 1 - DEPARTMENTAL RULES
A Jotice of Rule-making Proceedings is hereby given by
1 V the North Carolina Department of Commerce in accor-dance
with G.S. 150B-21.2. The agency shall subsequently
publish in the Register the text of the rule(s) it proposes to
adopt as a result of this notice of rule-making proceedings
and any comments received on this notice.
Citation to Existing Rules Affected by this Rule-Making:
4 NCAC IE, IF, 1H, II, U, and IK. Other rules may be
proposed in the course of the rule-making process.
Authority for the rule-making: G.S. 105-130.40; 105-
151.17; 143B-320, 428-437A, 472.30; 159C-3-8
Statement of the Subject Matter: These Rules govern the
procedures and criteria of the Industrial and Pollution
Control Revenue Bonds program; delineate the goals and
policies of the Basic Building program; set out Private
Activity Bond Volume Capacity proceedings; and indicate
detailed activities and responsibilities of the Industrial
Development Fund, the Jobs Tax Credit program, the
economic development category for the Community Develop-ment
Block Grant (CDBG) program, and the Business
Energy Loan program.
Reason for Proposed Action: This proposed action is
necessary due to statutory changes, revisions brought on by
administration of the various affected programs over time,
and corrective changes.
Comment Procedures: The Department of Commerce will
accept written comments regarding this proposed action until
5 PM, September 30, 1996. Comments should be directed
to: Mr. Stewart Dickinson, Commerce Finance Center, 301
N. Wilmington Street, PO Box 29571, Raleigh, NC 27626-
0571.
******************
CHAPTER 1 - DEPARTMENTAL RULES
CHAPTER 19 - DIVISION OF COMMUNrTY
ASSISTANCE
ATotice q,>/ Rule-making Proceedings is hereby given by
the Department of Commerce, Division of Commun
Assistance in accordance with G.S. 150B-21.2. The agen
shall subsequently publish in the Register the text oft
rule(s) it proposes to adopt as a result of this notice of ml
making proceedings and any comments received on tf
notice.
Citation to Existing Rules Affected by this Rule-Makin
4 NCAC OIK .0501 - .0506; 19L .0401, .0403 - .040
.0407, .0501 - .0502, .0505, .0802, .0805, .0901, .0901
.0907, .0911, .1002, .1004, .1009, .1011, .1301 - .130
.1701 -.1703, .1801 - .1805, .1900. Other rules may
proposed in the course of the rule-making process.
Authority for the rule-making: G.S. 143B-10; 143B-4.
Statement of the Subject Matter: Changes in rules J
administering variousfunding categories in the Small Citi
Community Development Block Grant Program. New ml
for administering the Section 108 CDBG Loan Guarant
Program, authorized by House Bill 361 (new Rule 4 NC/
IK .0501 - .0506 and 4 NCAC 19L . 1801 - . 1805). Nt
rules for administering the Lead-based Paint Haza
Reduction Grant program , and related certification requir
by HUD as a condition of under this program.
Reason for Proposed Action: The proposed action
necessary to enable the Division of Community Assistance
implement the Community Development Block Grant Pr
gram in accordance with U. S. Department of Housing a
Urban Development (HUD) regulations, the HUD-approv
CDBG Action Plan for 1996, and the CDBG Block Grc
Plan approved by the General Assembly in June 1995, a
the CDBG Loan Guarantee program authorized by
General Assembly in House Bill 361.
Comment Procedures: Oral or written comments will
accepted until September 30, 1996. Written commer
should be sent to Bill McNeil, Director, Division of Comrr
nity Assistance, P.O. Box 12600, Raleigh, NC 27605 -26C
Oral comments should also be directed to Bill McNeil
(919) 733-2850.
TITLE 10 - DEPARTMENT OF HUMAN
RESOURCES
CHAPTER 26 - MEDICAL ASSISTANCE
569 NORTH CAROLINA REGISTER August 1, 1996 11:9
RULE-MAKING PROCEEDINGS
A Jotice of Rule-making Proceedings is hereby given by
[Y the DHR - Division of Medical Assistance in accor-dance
with G.S. 150B-21.2. The agency shall subsequently
ublish in the Register the text of the rule(s) it proposes to
idopt as a result of this notice of rule-making proceedings
ind any comments received on this notice.
Station to Existing Rules Affected by this Rule-Making:
!0 NCAC 26H .0602. Other rules may be proposed in the
•ourse of the rule-making process.
Authority for the rule-making:
54; 108A-55; S.L. 1985, c. 479,
G.S. 108A-25(b); 108A-
;. 86; 42 C.F.R. 440.70
tatement of the Subject Matter: The proposed rule
hanges the methodology used to establish maximum rates
'or Home Health services. The proposed rule establishes the
trior year's level the maximum per visit reimbursement rates
or Home Health services in fiscal year ended June 30,
'997.
leason for Proposed Action: This action is based on a
tudy conducted by the Division of Medical Assistance and
esults in the prospective rates being more nearly aligned to
tverage industry cost. The proposed change will result in
innual savings of approximately 1. 7 million dollars to the
Medicaid program.
Comment Procedures: Written comments concerning this
Tile-making action must be submitted by September 30, 1996
o Portia Rochelle, APA Coordinator, Division of Medical
issistance, 1985 Umstead Drive, Raleigh, NC 27603.
TITLE 26 - OFFICE OF ADMINISTRATIVE
HEARINGS
CHAPTER 2 - RULES DIVISION
A Jotice of Rule-making Proceedings is hereby given by
L V the Office of Administrative Hearings in accordance
vith G.S. 150B-21.2. The agency shall subsequently publish
n the Register the text of the rule(s) it proposes to adopt as
r result of this notice of rule-making proceedings and any
'omments received on this notice.
Citation to Existing Rules Affected by this Rule-Making:
!6 NCAC 2C Other rules may be proposed in the course
>f the rule-making process.
Authority for the rule-making: G.S. 150B-21.17; 150B-
11.19
Statement of the Subject Matter: The rules in this
ubchapter govern the requirements for submission of
iocuments and rules to be published in the NC Register and
he NC Administrative Code and the requirements for
submission of temporary rules reviewed by the Codifier of
Rules.
Reason for Proposed Action: 1. To correct inconsisten-cies
within the rules and to make technical corrections
identified after the April 1 , 1996 effective date. 2. To
adopt a rule that sets out the criteria to waive a publication
submission requirement contained in an OAH rule. 3. To
adopt rules that establish standards and fees for both
agencies and other interested persons who request publica-tion
of discretionary notices in the NC Register under G.S.
150B-21. 17(a)(6). 4. To adopt a rule to interpret a "recent
act" of the General Assembly as that term is used in G.S.
150B-21. 1(a)(2) in the temporary rule review procedure
under G.S. 150B-21.1.
Comment Procedures: Comments regarding this notice
should be directed to: Anna Baird, Rule-making Coordina-tor,
Office of Administrative Hearings, PO Drawer 27447,
Raleigh, NC 27611-7447. Comments must by received in
OAH by 5:30 pm on September 30, 1996.
11:9 NORTH CAROLINA REGISTER August 1, 1996 570
PROPOSED RULES
This Section contains the text ofproposed rules. At least 60 days prior to the publication of text, the agency published a
Notice of Rule-making Proceedings. The agency must accept comments on the proposed rule for at least 30 days from th
publication date, or until the public hearing, or a later date if specified in the notice by the agency. The required
comment period is 60 days for a rule that has a substantial economic impact of at least five million dollars ($5,000,000).
Statutory reference: G.S. 150B-21.2. i
TITLE 10 - DEPARTMENT OF HUMAN
RESOURCES
Notice is hereby given in accordance with G.S. 150B-21.2
that the NC Child Day Care Commission intends to
amend rule cited as 10 NCAC 3U .0604. Notice of Rule-making
Proceedings was published in the Register on May 1
,
1996.
Proposed Effective Date: April 1, 1997
A Public Hearing will be conducted at 4:00 - 8:00 p. m. on
September 4, 1996 at the Division of Child Development , 319
Chapanoke Road, Suite 120, Room 300, Raleigh, NC 27603.
Reason for Proposed Action: Clarification is needed
regarding when protrusions on child day care facility fencing
may be allowed.
Comment Procedures: Comments may be presented in
writing any time before or at the public hearing or orally at
the hearing. Tune limits for oral remarks may be imposed by
the Commission Chairman. Any person may request copies of
these Rules by calling Jeanne Marlowe, Division of Child
Development, 319 Chapanoke Road, Suite 120, Raleigh, NC
27603, (919) 662-4527.
Fiscal Note: This Rule does not affect the expenditures or
revenues of state or local government funds. This Rule does
not Itave a substantial economic impact of at least five million
dollars ($5,000,000) in a 12-month period.
CHAPTER 3 - FACILITY SERVICES
SUBCHAPTER 3U - CHILD DAY CARE
STANDARDS
SECTION .0600 - SAFETY REQUD*EMENTS
FOR DAY CARE CENTERS
.0604 GENERAL SAFETY REQUHtEMENTS
(a) Potentially hazardous items, such as firearms and
ammunition, hand and power tools, nails, chemicals, lawn
mowers, gasoline or kerosene, archery equipment, propane
stoves, whether or not intended for use by children, shall be
stored in locked areas or with other appropriate safeguards, or
shall be removed from the premises.
(b) Electrical outlets not in use which are located in space
used by the children shall be covered with safety plugs unless
located behind furniture or equipment that cannot be moved by
a child.
(c) Electric fans shall be mounted out of the reach
children or shall be fitted with an appropriate mesh guard
prevent access by children.
(d) All small electrical appliances shall be used only
accordance with the manufacturer's instructions.
(e) Electrical cords shall not be accessible to infants a
toddlers. Extension cords, except as approved by the loc
fire inspector, shall not be used. Frayed or cracked electric
cords shall be replaced.
(f) All materials used for starting fires, such as match*
and lighters, shall be kept in locked storage or shall be ston
out of the reach of children.
(g) Smoking shall not be permitted in space used I
children when children are present. All smoking materia
shall be kept in locked storage or out of the reach of childre:
(h) Fuel burning heaters, fireplaces and floor furnaces sh;
be provided with a protective screen attached securely
substantial supports to prevent access by children and
prevent objects from being thrown into them.
(i) Plants that are toxic shall not be in indoor or outdoi
space that is used by or is accessible to children.
(j) The outdoor play area shall be protected by a fence
other protection. The height shall be a minimum of four fe
and the top of the fence shall be free of protrusions by Janua:
1, 1999. The requirement disallowing protrusions shall n
apply to fences six feet high or above. The fencing sh
exclude fixed bodies of water such as ditches, quarries, canal
excavations, and fish ponds. Gates to the fenced outdoor pi
area shall remain securely closed while children occupy i
area. When the facility uses areas outside the fenced outdo
play area for children's activities or takes children off t
premises for play or outings, the parent of each child sh;
give written permission for the child to be included in sui
activities. The permission may be:
(1)
(2)
(3)
a one-time, blanket permission for all activities;
a one-time, blanket permission for a specific activi
at any time; or
a one-time permission for a specific activity at
designated time.
The facility shall maintain the signed permission in the chile
record. When children are taken off the premises, sb
accompanying the children shall have a list of the names of
children participating in the outing.
(k) Air conditioning units shall be located so that they a
not accessible to children or shall be fitted with a mesh gua
to prevent objects from being thrown into them.
(1) Gas tanks shall be located so they are not accessible
the children or shall be in a protective enclosure or surround
by a protective guard.
(m) Cribs and playpens shall be placed so that the childr
\
t.
•
571 NORTH CAROLINA REGISTER August 1, 1996 11:9
PROPOSED RULES
x;cupying them shall not have access to cords or ropes, such
is Venetian blind cords.
(n) Children shall not be allowed to play on outdoor
squipment that is too hot to touch.
(o) The indoor and outdoor premises shall be checked daily
or debris, vandalism and broken equipment. Debris shall be
emoved and disposed of appropriately.
(p) The playground surface area shall be checked at least
veekly to assure that surface material is maintained to assure
jontinued resiliency.
(q) Following completion of safety training by the adminis-rator
or other staff person as required by Rule .0705(e) of
his Subchapter, a monthly playground inspection shall be
jonducted and a record of each inspection shall be completed,
rhis staff person shall use a playground inspection checklist
jrovided by the Division. The checklist shall be signed by the
>erson who conducts the inspection and shall be maintained in
he facility's files for review by a representative of the
division.
(r) Plastic bags, materials that can be easily torn apart such
is Styrofoam and foam rubber, and toys and toy parts small
:nough to be swallowed shall not be accessible to children
inder three years of age.
Authority G.S. 110-85(2); 110-91(3), (6); 143B-168.3.
TITLE 15A - DEPARTMENT OF ENVIRONMENT,
HEALTH, AND NATURAL RESOURCES
\~Totice is hereby given in accordance with G.S. 150B-21.2
V\ that the Environmental Management Commission intends
o adopt rule cited as 15A NCAC 2B .0229. Notice of Rule-making
Proceedings was published in the Register on May 1
,
1996.
Proposed Effective Date: April 1, 1997
^ Public Hearing will be conducted at 7:00 p. m. on Septem-ber
3, 1996 at the Pitt County Agricultural Center, 403
Government Circle, Greenville, NC, (919) 757-2800 and on
September 5, 1996 at the Nash County Agricultural Center,
Business 64, Nashville, NC, (919) 459-9811.
Reason for Proposed Action: The Environmental Manage-ment
Commission (EMC) gave the Division of Environmental
Management staffpermission to proceed to public hearing on
he nonpoint source offset requirements for wastewater
dischargers in the Tar-Pamlico River Basin who are not
members of the Tar-Pamlico Association. The proposed rule
addition will require new and expanding wastewater discharg-irs
not in the Association to pay for their additional nutrient
'oads by funding nonpoint source control programs. These
payments will be required prior to issuance of the NPDES
permit and at each renewal.
Comment Procedures: You may submit comments, state-ments,
data and other information in writing prior to, during
or after the hearings, but no later than September 19, 1996.
You may also present verbal comments at the hearings. The
Hearing Officer may limit the length of time that you may
speak so that all those who wish to speak may have an
opportunity to do so. We encourage you to submit written
comments.
Fiscal Note: This Rule does not affect the expenditures or
revenues of state or local government funds. This Rule does
not have a substantial economic impact of at least five million
dollars ($5,000,000) in a 12-month period.
CHAPTER 2 - ENVIRONMENTAL MANAGEMENT
SUBCHAPTER 2B - SURFACE WATER STANDARDS:
MONITORING
SECTION .0200 - CLASSIFICATIONS AND WATER
QUALITY STANDARDS APPLICABLE
TO SURFACE WATERS OF NORTH CAROLINA
.0229 TAR-PAMLICO RIVER BASIN - NUTRIENT
SENSITIVE WATERS MANAGEMENT
STRATEGY: NUTRIENT OFFSET PAYMENTS
FOR NON-TAR-PAMLICO BASIN
ASSOCIATION MEMBERS
(a) All waters of the Tar-Pamlico River Basin have been
supplementally classified nutrient sensitive waters (NSW)
pursuant to 15A NCAC 2B .0223. Specific actions to prevent
excessive growths of microscopic or macroscopic vegetation
in the Tar-Pamlico River Basin are as described in the Phase
D Tar-Pamlico NSW Implementation Strategy adopted by the
Commission on December 8^ 1994. A copy of the Phase II
Tar-Pamlico NSW Implementation Strategy is available, upon
request, from the Division of Water Quality, P.O. 29535,
Raleigh, NC 27626-0535. The following procedures are to be
implemented in accordance with 15A NCAC 2B .0223 in all
waters of the Tar-Pamlico River Basin for those wastewater
dischargers who are not members of the Tar-Pamlico Basin
Association.
(b) Existing wastewater dischargers expanding to greater
than 0.5 million gallons per day (MGD), who are not mem-bers
of the Tar-Pamlico Basin Association, will be required to
offset their additional nutrient loads by funding nonpoint
source control programs approved by the Division of Water
Quality prior to the issuance of their NPDES permit and at
each renewal. Nitrogen and phosphorus loads will be offset
at the rate of 1 10 percent of the cost to implement BMPs
designed to reduce that same load created by expanding the
discharge above 0.5 MGD. Equations for calculating the
offset costs are:
(1) For an existing facility with permitted flow of less
than or equal to 0.5 MGD as of December 8^ 1994
expanding to greater than 0.5 MGD who is not a
member of the Tar-Pamlico Basin Association:
Payment = (( PI',, x (TN+TP) x 1 384)-(0 .5 \
11:9 NORTH CAROLINA REGISTER August 1, 1996 572
PROPOSED RULES
ill
(TN + TP) x 1384)) x (BMP, x 1.1) where:
Payment =_ the nutrient offset payment ($);
PF. =, Permitted Row including expansion (MGD);
TN ff. 6 mg/1 total nitrogen for domestic discharges
or BAT for industrial discharges;
TP =_ 1 mg/1 total phosphorus for domestic dis-charges
or BAT for industrial discharges;
1384 jf_ conversion factor;
0.5 == the permitted flow (MGD) above which
payment for additional nutrient loading is required;
BMP, == Best Management Practice cost-effective-ness
rate in $/kg;
1.1 ^_ 1 10 percent of the cost for the nonpoint
source controls.
For an expanding facility with a permitted flow of
greater than or equal to 0.5 MGD as of December
8^ 1994 who is not a member of the Tar-Pamlico
Basin Association:
Payment = ((PF. x (TN + TP) x 1384HPF x
(TN + TP) x 1384)) x (BMP,, x LJj where:
Payment _^_ the nutrient offset payment ($);
PF. = Permitted Flow including expansion (MGD);
PF _^_ Permitted Flow as of December 8^ 1994
(MGD);
TN ^_ 6 mg/1 total nitrogen for domestic discharges
or BAT for industrial discharges;
TP ^_ \_ mg/1 total phosphorus for domestic dis-charges
or BAT for industrial discharges;
1384 = conversion factor;
BMP Best Management Practice cost-effective-ness
rate in $/kg;
1.
1
=_ 1 10 percent of the cost for the nonpoint
source controls.
The Best Management Practice cost-effectiveness rate
(BMP.) represents the cost to achieve a reduction of one
kilogram {]_ kg] of total nitrogen through the use of BMPs
This rate is determined by the Director based on best available
information (beginning in December 1994) and is updated
every two years as deemed necessary by the Director.
(c) New wastewater dischargers with permitted flows
greater than or equal to 0.05 MGD, who are not members of
the Tar-Pamlico Basin Association, will be required to offset
their nutrient loads by funding nonpoint source control
programs approved by the Division of Water Quality prior to
the issuance of their NPDES permit and at each renewal.
Nitrogen and phosphorus loads will be offset at the rate of 1 10
percent of the cost to implement BMPs designed to reduce that
same loading created by the new discharge above 0.05 MGD.
The equation for calculating the offset costs is:
Payment = PF x (TN+TP) x 1384 x (BMP, x 1.1) where:
Payment =_ the nutrient offset payment ($);
PF = Permitted Flow (MGD);
TN ^_ 6 mg/1 total nitrogen for domestic discharges or BAT
for industrial discharges;
XE =. I rng/l total phosphorus for domestic discharges or BAT
for industrial discharges;
1384 = conversion factor;
Best Management Practice cost-effectiveness rate i BMP
$/kg;
1.
1
.=. 1 10 percent of the cost for the nonpoint source coi
trols.
The Best Management Practice cost-effectiveness rat
(BMPJ represents the cost to achieve a reduction of on
kilogram £1 kg} of total nitrogen through the use of BMPs
This rate is determined by the Director based on best availabl
information fbeginning in December 1994) and is update
every two years as deemed necessary by the Director.
Authority G.S. 143-214.1.
* * * * * * * * * * * *
Notice is hereby given in accordance with G.S. 150B-21.
that the Environmental Management Commission intend
to amend rule cited as 15A NCAC 2B .0315. Notice of Rule
making Proceedings was published in the Register on April 15
1996.
Proposed Effective Date: April 1, 1997
A Public Hearing will be conducted at 7:00 p.m. on Augus
20. 1996 at the Town Hall, 231 East 2nd Street, Clayton, NC
Reason for Proposed Action: The N.C. Department o
Environment, Health, and Natural Resources on behalf of th
Environmental Management Commission (EMC) will conduc
a public hearing in order to receive public comments on
proposal to reclassify a portion of the Neuse River (Neusi
River Basin) in Johnston County. The Johnston County Boan
of Commissioners has requested that a section of the Neusi
River in Johnston County be reclassified to the approprian
water supply classification based on the location for a new
water supply intake for the County. The selected intake site i
due east of the Wilson Mills community in a section of th
Neuse River that is currently classified as WS-TV NSW. Othe
sections of the Neuse River in the area that would be affectec
by the proposed reclassification are classified WS-V NSW.
portion of the proposed reclassification area is currently
classified as WS-IV because it falls within the Protected Arec
for the downstream City of Smithfield water supply intake. Th<
WS-IV classification is also the most appropriate water suppl)
class for the Neuse River in the area being considered fo
reclassification. Johnston County and the Town of Claytor
have land use jurisdiction within the affected area. Thi
proposed reclassification to Classes WS-IV NSW and WS-H
NSW CA (Critical Area) would require the affected loca
governments to adopt and implement drinking water suppl)
ordinances for this section of the Neuse River that, at
minimum, meet the state's requirements for a WS-IV water
shed. The water supply watershed protection requirements foi
development within a WS-IV water supply are applicable fa
only those projects that require a Sediment/Erosion Contro
Plan under state law or a delegated local program.
573 NORTH CAROLINA REGISTER August 1, 1996 11:9
'
PROPOSED RULES
Comment Procedures: The purpose of this announcement is
'o encourage those interested in this proposal to provide
comments. You may either attend the public hearing and make
'elevant verbal comments or submit written comments, data or
jther relevant information by September 20, 1996. The
Hearing Officer may limit the length of time that you may
speak at the public hearing, if necessary, so that all those who
vish to speak may have an opportunity to do so. We encour-jge
you to submit written comments as well. The Environmen-
>al Management Commission (EMC) is very interested in all
comments pertaining to the proposed reclassifications. It is
very important that all interested and potentially affected
persons or parties make their views known to the EMC whether
in favor of or opposed to any and all provisions of the pro-posed
reclassifications. The EMC may, in accordance with
N.C.G.S. 150B-21-2, make changes in final rules without
renotice as long as the adopted rules do not differ substantially
crom the proposed rules. In accordance with this authority,
'he EMC may adopt final management requirements or rules
hat are more or less stringent than those being noticed if the
EMC determines that the final adopted rules do not differ
substantially from the proposed rules. All interested and
potentially affected persons are strongly encouraged to read
he entire announcement and supporting information, and make
appropriate comments on the proposal presented. The
proposed effective date for the final rules pursuant to this
hearing process is April 1 , 1997. Written comments may be
submitted to: Liz Kovasckitz, DEHNR/Division of Environmen-tal
Management, P.O. Box 29535, Raleigh, NC 27626-0535,
(919) 733-5083, extension 572.
Fiscal Note: This Rule does affect the expenditures or
revenues of local governmentfunds. This Rule does not affect
the expenditures or revenues of state funds. This Rule does not
have a substantial economic impact of at least five million
dollars ($5,000,000) in a 12-month period.
SECTION .0300 - ASSIGNMENT OF STREAM
CLASSIFICATIONS
0315 NEUSE RIVER BASIN
(a) Places where the schedule may be inspected:
(1) Clerk of Court:
Beaufort County
Carteret County
Craven County
Durham County
Franklin County
Granville County
Greene County
Johnston County
Jones County
Lenoir County
Nash County
Orange County
Pamlico County
Person County
Pitt County
Wake County
Wayne County
Wilson County
(2) North Carolina Department of Environment, Health,
and Natural Resources:
(A) Raleigh Regional Office
3800 Barrett Drive
Raleigh, North Carolina
(B) Washington Regional Office
1424 Carolina Avenue
Washington, North Carolina
(C) Wilmington Regional Office
127 Cardinal Drive
Wilmington, North Carolina
(b) The Neuse River Basin Schedule of Classification and
Water Quality Standards was amended effective:
(1) March 1, 1977;
(2) December 13, 1979;
(3) September 14, 1980;
(4) August 9, 1981;
(5) January 1, 1982;
(6) April 1, 1982;
(7) December 1, 1983;
(8) January 1, 1985;
(9) August 1, 1985;
(10) February 1, 1986;
(11) May 1, 1988;
(12) July 1, 1988;
(13) October 1, 1988;
(14) January 1, 1990;
(15) August 1, 1990;
(16) December 1, 1990;
(17) July 1, 1991;
(18) August 3, 1992;
(19) April 1, 1994;
(20) July 1, J99&T 1996:
(21) April 1, 1997 .
(c) The Schedule of Classifications and Water Quality
Standards for the Neuse River Basin has been amended
effective July 1, 1988 as follows:
(1) Smith Creek [Index No. 27-23-(l)] from source to
the dam at Wake Forest Reservoir has been reclassi-fied
from Class WS-III to WS-I.
(2) Little River [Index No. 27-57-(l)] from source to
the N.C. Hwy. 97 Bridge near Zebulon including all
tributaries has been reclassified from Class WS-III
to WS-I.
(3) An unnamed tributary to Buffalo Creek just up-stream
of Robertson's Pond in Wake County from
source to Buffalo Creek including Leo's Pond has
been reclassified from Class C to B.
(d) The Schedule of Classifications and Water Quality
Standards for the Neuse River Basin has been amended
effective October 1, 1988 as follows:
(1) Walnut Creek (Lake Johnson, Lake Raleigh) [Index
No. 27-34-(l)]. Lake Johnson and Lake Raleish
11:9 NORTH CAROLINA REGISTER August 1, 1996 574
PROPOSED RULES
have been reclassified from Class WS-III to Class
WS-III & B.
(2) Haw Creek (Camp Charles Lake) (Index No.
27-86-3-7) from the backwaters of Camp Charles
Lake to dam at Camp Charles Lake has been reclas-sified
from Class C to Class B.
(e) The Schedule of Classifications and Water Quality
Standards for the Neuse River Basin has been amended
effective January 1, 1990 as follows:
( 1
)
Neuse-Southeast Pamlico Sound ORW Area which
includes all waters within a line beginning at the
southwest tip of Ocracoke Island, and extending
north west along the Tar-Pamlico River Basin and
Neuse River Basin boundary line to Lat. 35 degrees
06' 30", thence in a southwest direction to Ship
Point and all tributaries, were reclassified from
Class SA NSW to Class SA NSW ORW.
(2) Core Sound (Index No. 27-149) from northeastern
limit of White Oak River Basin (a line from Hall
Point to Drum Inlet) to Pamlico Sound and all
tributaries, except Thorofare, John Day Ditch were
reclassified from Class SA NSW to Class SA NSW
ORW.
(f) The Schedule of Classifications and Water Quality
Standards for the Neuse River Basin was amended effective
December 1, 1990 with the reclassification of the following
waters as described in (1) through (3) of this Paragraph.
(1) Northwest Creek from its source to the Neuse River
(Index No. 27-105) from Class SC Sw NSW to
Class SB Sw NSW;
(2) Upper Broad Creek [Index No. 27-106-(7)] from
Pamlico County SR 1 103 at Lees Landing to the
Neuse River from Class SC Sw NSW to Class SB
Sw NSW; and
(3) Goose Creek [Index No. 27-107-(ll)] from Wood
Landing to the Neuse River from Class SC Sw
NSW to Class SB Sw NSW.
(g) The Schedule of Classifications and Water Quality
Standards for the Neuse River Basin was amended effective
July 1, 1991 with the reclassification of the Bay River [Index
No. 27-150-(l)] within a line running from Flea Point to the
Hammock, east to a line running from Bell Point to Darby
Point, including Harper Creek, Tempe Gut, Moore Creek and
Newton Creek, and excluding that portion of the Bay River
landward of a line running from Poorhouse Point to Darby
Point from Classes SC Sw NSW and SC Sw NSW HQW to
Class SA NSW.
(h) The Schedule of Classifications and Water Quality
Standards for the Neuse River Basin was amended effective
August 3, 1992 with the reclassification of all water supply
waters (waters with a primary classification of WS-I, WS-II or
WS-HI). These waters were reclassified to WS-I, WS-II, WS-III,
WS-IV or WS-V as defined in the revised water supply
protection rules, (15A NCAC 2B .0100, .0200 and .0300)
which became effective on August 3, 1992. In some cases,
streams with primary classifications other than WS were
reclassified to a WS classification due to their proximity and
\
linkage to water supply waters. In other cases, waters wer
reclassified from a WS classification to an alternate appropri
ate primary classification after being identified as downstrear
of a water supply intake or identified as not being used fo
water supply purposes.
(i) The Schedule of Classifications and Water Qualit1
Standards for the Neuse River Basin was amended effectiv
April 1, 1994 as follows:
(1) Lake Crabtree [Index No. 27-33-(l)] was reclassi
fied from Class C NSW to Class B NSW.
The Eno River from Orange County State Roai
1561 to Durham County State Road 1003 [Inde:
No. 27-10-(16)] was reclassified from Class WS-P>
NSW to Class WS-IV&B NSW.
Silver Lake (Index No. 27-43-5) was reclassifiet
from Class WS-III NSW to Class WS-HI&B NSW
(j) The Schedule of Classifications and Water Qualif
Standards for the Neuse River Basin was amended effective
July 1, 1996 with the reclassification of Austin Creek [Indej
Nos. 27-23-3-(l) and 27-23-3-(2)] from its source to Smitl
Creek from classes WS-III NSW and WS-HJ NSW CA t(
class C NSW.
(k) The Schedule of Classifications and Water Quality
(2)
(3)
Standards for the Neuse River Basin was amended effectiv;
April l± 1997 with the reclassification of the Neuse Rive
(including tributaries) from mouth of Marks Creek to a dj
1.3 miles downstream of Johnston County State Road 1908 tc
class WS-IV NSW and from a point 1.3 miles downstream o
Johnston County State Road 1908 to the Johnston Counts
Water Supply intake (located 1.8 miles downstream o
Johnston County State Road 1908) to class WS-IV CA NSW
rindex Nos. 27-(36) and 27-(38.5)l.
Authority G.S. 143-214.1; 143-215.1; 143-215. 3(a)(1).
********************
CHAPTER 7 - COASTAL MANAGEMENT
SUBCHAPTER 7H - STATE GUIDELINES
FOR AREAS OF ENVIRONMENTAL CONCERN
SECTION .0100 - INTRODUCTION AND
GENERAL COMMENTS
SECTION .0300 - OCEAN HAZARD AREAS
The date and location of a public hearing that was published
in the July 1, 1996 Register (11 NCR 7 pages 409 - 412) h;
been changed as follows:
Old Date
August 5, 1996
7:00 p.m.
Hyde County Courthouse
Swan Quarter, NC
New Date
August 6, 1996
7:00 p.m.
Ocracoke School
Ocracoke Island, NC t
575 NORTH CAROLINA REGISTER August 1, 1996 11:9
PROPOSED RULES
* * # * *
\Totice is hereby given in accordance with G.S. 150B-21.2
.N rto f/w Commission for Health Services intends to amend
ule cited as 15A NCAC 18A .1805. Notice of Rule-making
Proceedings was published in the Register on May 15, 1996.
Voposed Effective Date: April 1, 1997
i Public Hearing will be conducted at 1:30 p.m. on Septem-ber
25, 1996 at the Archdale Building, Ground Floor Hearing
loom, 512 N. Salisbury Street, Raleigh, NC 27604.
teason for Proposed Action: This change was inadvertently
eft out during the previous rule process. In . 1805(1) the word
'places" changed to "establishment" in order for all rules to
lave consistent wording.
nmment Procedures: All persons interested in this matter
ire invited to attend the public hearing. Written comments
my be presented at the public hearing or submitted to Grady
. Balentine, Department ofJustice, PO Box 629, Raleigh, NC
7602-0629. All written comments must be received by
Ictober 3, 1996. Persons who wish to speak at the hearing
hould contact Mr. Balentine at (919) 733-4618. Persons who
•all in advance of the hearing will be given priority on the
peaker's list. Oral presentation lengths may be limited
Spending on the number of people that wish to speak at the
ublic hearing. Only persons who have made comments at a
ublic hearing or who have submitted written comments will be
dlowed to speak at the Commission meeting. Comments made
the Commission meeting must either clarify previous
omments or proposed changes from staff pursuant to com-nents
made during the public hearing process. IT IS VERY
MPORTANT THAT ALL INTERESTED AND POTENTIALLY
EFFECTED PERSONS, GROUPS, BUSINESSES, ASSOCIA-TIONS,
INSTITUTIONS OR AGENCIES MAKE THEIR VIEWS
IND OPINIONS KNOWN TO THE COMMISSION FOR
1EALTH SERVICES THROUGH THE PUBLIC HEARING
iND COMMENT PROCESS, WHETHER THEY SUPPORT OR
APPOSE ANY OR ALL PROVISIONS OF THE PROPOSED
WLES. THE COMMISSION MAY MAKE CHANGES TO
'HE RULES AT THE COMMISSION MEETING IF THE
CHANGES COMPLY WITH G.S. 150B-21.2(f).
iscal Note: This Rule does not affect the expenditures or
evenues of state or local government funds. This Rule does
tot have a substantial economic impact of at least five million
hilars ($5,000,000) in a 12-month period.
CHAPTER 18 - ENVIRONMENTAL HEALTH
SUBCHAPTER 18A - SANITATION
SECTION .1800 - SANITATION OF LODGING
PLACES
.1805 INSPECTION FORMS
The grading of lodging establishments shall be done on an
inspection form furnished by the Department to local health
departments. The form shall include at least the following
information:
(1) name and address of lodging places , establishment.
(2) name of owner, or permittee,
(3) score,
(4) Rules of construction and operation as listed in
Rules .1808 to .1814 of this Section,
(5) signature of authorized representative,
(6) the permit status code,
(7) establishment identification number.
Authority G.S. 130A-248.
TITLE 16 - DEPARTMENT OF PUBLIC
INSTRUCTION
Notice is hereby given in accordance with G.S. 150B-21.2
that the North Carolina Standards Board for Public
School Administration intends to adopt rules cited as 16 NCAC
7 .0101 - .0112. Notice of Rule-making Proceedings was
published in the Register on March 1, 1996.
Proposed Effective Date: January 1, 1998
A Public Hearing will be conducted at 10:00 a.m. on
September 5, 1996 at the Education Building, Room 224, 301
North Wilmington Street, Raleigh, NC 27601.
Reason for Proposed Action: To implement the statutory
requirements of G.S. 115C-290.1 through 290.9. The Stan-dards
Board is awaiting action on proposed legislative
revisions that would affect these rules. Given the possibility
that the legislation may not be adopted, we are submitting
Version 1 based upon the existing Standards Board statutes
(G.S. 115C-290.1 through G.S. 115C-290.9), and a Version
2 based upon the proposed revisions.
The proposed legislative revisions would affect the following
rules:
*Rule .0102(a)(3). The preferred version of the rule is based
on a proposed revision to G.S. 115C-290. 7(a)(3) which would
expand the types of graduate preparation programs which are
prerequisites for taking the Standards Board's licensure exam.
*Rule .0103(a). The preferred version of the rule is based on
a proposed revision which to G.S. 115C-290.8 would expand
the types of experience which exempt a previously licensed
individualfrom the requirement to take the Standards Board's
licensure exam.
*Rule .0104(a)(1). Tfie preferred version of the rule is based
on the same proposed revision to G.S. 115C-290. 7(a)(3)
described in Rule .0102(a)(3).
Comment Procedures: Comments will be accepted on or
before the above date for the public hearing. Comments must
•1:9 NORTH CAROLINA REGISTER August 1, 1996 576
PROPOSED RULES
be received by the time of the public hearing. Written
comments should be addressed to: North Carolina Standards
Board for Public School Administration, 795 Education
Building, 301 North Wilmington Street, Raleigh, NC 27601 or
they may be faxed to (919) 715-3665.
Fiscal Note: Tliese Rules do not affect the expenditures or
revenues of state or local government funds. These Rules do
not have a substantial economic impact of at least five million
dollars ($5,000,000) in a 12-month period.
VERSION § 1
CHAPTER 7 - NORTH CAROLINA STANDARDS
BOARD FOR PUBLIC SCHOOL ADMINISTRATION
SECTION .0100 - CERTIFICATION
.0101 DEFINITIONS
(a) Exam. ; The examination required by the North
Carolina Standards Board for Public School Administration for
public school administrator candidates, including sub-parts for
initial and continuing certifications.
(b) Certificate. ; The credential administered by the State
Board of Education which authorizes the holder to practice in
the professional area for which he/she has been prepared.
There are two classifications of certificates:
(1) Initial certificate. - The initial certificate, which is
valid for two years, allows the holder to begin
practicing the profession on an independent basis.
Only those persons who are actually beginning in
the profession require initial certification.
(2) Continuing certificate. ; The continuing certificate,
issued after the period of successful initial licensure,
authorizes professional school service on a continu-ing
basis.
(c) Department. -_ The North Carolina Department of Public
Instruction.
(d) IHE. - Institution of Higher Education.
(e) LEA. ; Local Education Agency.
(f) NCAC. ; North Carolina Administrative Code.
(g) SBE. - The North Carolina State Board of Education,
(h) School. ; An organizational subdivision of a school
system:
( 1
)
consisting of 100 or more students in average daily
membership (ADM), and/or staffed by a minimum
seven full-time teachers (or the equivalent):
(2) composed of one or more grade groups:
(3) organized as one unit with an assigned principal, or
person acting in the capacity of a principal: and
(4) housed in a school plant of one or more buildings.
[i] Charter School. - A public charter school approved by
the SBE within an LEA:
( 1) consisting of at least 65 students and at least 3
teachers:
(2) operated by a private nonprofit corporation which is
nonsectarian in its programs, admission policies.
employment practices, and all other operations ar
which does not charge tuition: and
LU meets student performance standards adopted by tl
SBE.
{]] School administrator. - School superintendents, depu
superintendents, associate superintendents, assistant superintei
dents, principals, and assistant principals.
(k) Standards Board. ; The North Carolina Standards Boai
for Public School Administration.
Authority G.S. 115C-290.5 (a)(6).
.0102 GENERAL INFORMATION
(a) Any person who desires to obtain employment from
LEA as a school administrator [as defined in G.!
1 15C-290. 2(4)1 must be recommended by the Standards Boai
Ln order to apply for and obtain certification from the Depar
ment. Minimum requirements for the recommendation of tl
Standards Board specify that the applicant:
( 1 ) file an application in the form prescribed by tl
Standards Board, along with an application fee;
file an examination application in the form pn
scribed by the Standards Board, together with a
examination fee, and a recommendation by a desif
(2)
Q)
nated official of the approved IHE where prepan
tion was completed;
hold a bachelors degree from an accredited colleg
or accredited university, and hold a graduate degre
from a public school administration program thi
meets the public school administrator prograi
approval standards set by the SBE; and
(4) pass the exam.
(b) An applicant shall possess principal certification
order to be employed in the position of assistant principa
principal, or assistant superintendent. Exceptions to th
requirement shall be provided for employment in a position
an assistant superintendent for personnel or business services
(c) An applicant shall possess superintendent certificatio
in order to be employed in the position of superintendent
deputy superintendent, or associate superintendent.
(d) The Standards Board evaluates each application and il
supporting documentation and notifies each applicant of th
action it takes.
(e) Upon recommendation by the Standards Board, eac
applicant shall fulfill the certificate application requirements c
the department.
Authority G.S. 115C-290. 5(a)(6).
.0103 EXEMPTIONS FROM CERTIFICATION
REQUIREMENTS OF THE STANDARDS
BOARD
(a) The requirements of this Chapter do not apply to
person who, at any time during the five years precedin
January J^ 1998. was engaged in school administration Jjt
defined in Rule .0101(i) of this Sectionl at a public school i
North Carolina, a public school LEA in North Carolina, or
i
577 NORTH CAROLINA REGISTER August 1, 1996 11:9
(b) A person who is exempt from the requirements of this
Chapter but applies to the Standards Board under this Chapter
hall be subject to the Chapter.
[uthority G.S. 115C-290. 5 (a)(6).
0104 PROGRAM REQUIREMENTS FOR
CERTIFICATION
AS A PUBLIC SCHOOL ADMINISTRATOR
(a) In order to receive the initial regular principal certifi-ate,
an applicant shall
(1) hold a bachelor's degree from an accredited college
or accredited university, and hold a graduate degree
from a public school administration program that
meets the public school administrator program
approval standards set by the SBE;
(2) receive a recommendation from the IHE which
includes the approval or endorsement of the desig-nated
certification officer at the IHE; and
(3) pass the exam sub-part for initial principal certifica-tion.
(b) In order to receive the principal's continuing certificate.
n applicant shall fulfill the requirements of Rule .0105(d) of
his Section.
PROPOSED RULES
chool in North
Government.
Carolina operated by the United States
(c) In order to receive the superintendent's certificate, an
pplicant shall have:
(1) met the certification requirements for a principal.
(2) completed a sixth year program in a public school
administration program that meets the public school
administrator program approval standards set by the
SBE. and
(3) received a recommendation from the IHE which
includes the approval or endorsement of the desig-nated
certification officer at the IHE.
[uthority G.S. 115C-290.5(a)(6).
0105 CERTIFICATION PATTERNS FOR
PUBLIC SCHOOL ADMINISTRATION
(a) Certificates indicate specializations and preparation
evels for which the professional has been prepared.
(b) Certificates are of the following types:
(1) Principal. The holder may serve in the specific
school administrator roles of assistant principal,
principal, or assistant superintendent. There are
three levels of preparation:
(A) master's degree;
(B) sixth-year; and
(C) doctorate.
m Superintendent. The holder may serve in the
specific school administrator roles of superintendent,
deputy superintendent, associate superintendent,
assistant superintendent, principal, or assistant
principal. There are two levels of preparation:
(A) sixth-year; and
(B) doctorate.
(c) The Department bases certificate classification on the
level and degree of career development and competence.
There are two classifications of certificates for principals:
(1) The initial principal certificate, which is valid for
two years, allows the holder to begin practicing the
profession on an independent basis. Only those
persons who are actually beginning in the profession
require initial certification. Persons who seek
certification in this state for the first time and who
have two years of appropriate experience as deter-mined
by the Department are eligible for a continu-ing
certificate. The holder may have the certificate
changed to a continuing principal certificate as
provided in Paragraph (d) of this Rule. For pur-poses
of this Rule, "year" means not less than six
successive calendar months of full time employment
in one LEA or non-public school with an approved
program plan.
(2) The continuing principal certificate authorizes
professional school service on a continuing basis.
[Note: Initial certification requirements for public
school administration cannot be satisfied in an
assistant principal's position. 1
(d) To convert the initial principal certificate to a continu-ing
principal certificate, the holder shall:
(1) serve two years as a principal with a LEA or a
non-public school that has a comprehensive program
plan for initially certified personnel that meets the
criteria contained in 16 NCAC 6C .0304(d) and that
is approved by the SBE;
(2) meet the performance criteria for conversion of an
initial principal certificate to a continuing principal
certificate;
£3} pass the appropriate continuing certification sub-test
of the exam;
(4) be recommended by the locally designated official of
the LEA or non-public school by which the holder
is employed.
Authority G.S. 1 15C-290.5 (a)(6).
.0106 STANDARD EXAMINATIONS
(a) The examination required by the North Carolina
Standards Board for Public School Administration for principal
certification candidates, including sub-parts for initial and
continuing certifications, is the standard examination required
for certification of principals.
fb) Each applicant for certification as a principal shall pay
an examination fee in an amount prescribed by statute.
(c) An applicant for certification as a principal shall meet
minimum scores on the exam as follows:
(1) Principal sub-test for initial certification ; To Be
Determined
(2) Principal sub-test for continuing certification ; To
Be Determined
1:9 NORTH CAROLINA REGISTER August 1, 1996 578
PROPOSED RULES
Authority G.S. 1 15C-290.5 (a)(6).
.0107 CERTIFICATE RENEWAL FOR PUBLIC
SCHOOL ADMINISTRATORS
Individuals who seek to renew school administrator certifi-cates
shall follow the certificate renewal procedures prescribed
by the State Board of Education in 16 NCAC 6C .0307.
Authority G.S. 115C-290. 5(a)(6).
.0108 EXPIRED CERTIFICATES
Individuals who seek to reinstate expired school administra-tor
certificates shall follow the procedures prescribed by. the
State Board of Education in .16 NCAC 6C .0308.
Authority G.S. 115C-290. 5(a)(6).
.0109 RECIPROCrTY IN CERTIFICATION
A person who has not completed an approved public school
administration program in this state may be eligible for school
administrator certification by the Department if he/she fulfills
all other certification requirements of the Department; and
( 1
)
he/she is a graduate of a regionally accredited
graduate program in public school administration
outside the state, provided that:
(a) the applicant holds or is qualified to hold a
public school administration certificate in the
state in which the applicant completed the
graduate program in public school administra-tion;
(b) the applicant seeks certification in public
school administration;
(c) the applicant is recommended by the prepar-ing
institution;
(d) the recommendation is supported by an offi-cial
transcript supplied by the institution; and
(e) the applicant passes the appropriate sub-test(s)
of the exam; or
(2) he/she is accepted from another state under G.S.
115C-349 through 115C-358.
Authority G.S. 115C-290. 5(a)(6).
.0110 TEMPORARY PERMIT
(a) A candidate for school administrator certification who
has not met the standard examinations requirement may
receive a temporary permit if:
) 1) the candidate did not know that a minimum standard
examination score was required for certification; and
(2) the candidate has not had the opportunity to satisfy
this requirement after becoming aware of iL
(b) A temporary permit is valid for the remainder of the
fiscal sear during which certification is established.
(c) Persons who graduated from in-state approved public
school administration programs subsequent to January 1^ 1998
are not eligible for a temporary permit. An individual who
graduated from an in-state approved public school administra-tion
program prior to January 1+ 1998 is eligible for
temporary permit as follows:
(1
)
he/she is not exempt as specified in Rule .0103
this Section;
(2) he/she was not employed in a North Carolina pub]
school; and
(3) he/she was not notified of the standard examinatio
requirements specified in this Chapter.
Authority G.S. 1 15C-290. 5(a)(6).
.0111 CERTIFICATE SUSPENSION AND
REVOCATION
The SBE may deny an application for certification or m
suspend or revoke a public school administrator's certifica
issued by the Department for the reasons and according to t]
procedures outlined in 16 NCAC 6C .0312.
Authority G.S. 1 15C-290.5(a)(6).
.01 12 CRIMINAL fflSTORY CHECKS
LEA's shall comply with guidelines and procedures relate
to criminal history checks on applicants as outlined in
NCAC 6C .0313.
Authority G.S. 1 15C-290.5(a)(6).
VERSION # 2
CHAPTER 7 - NORTH CAROLINA STANDARDS
BOARD FOR PUBLIC SCHOOL ADMINISTRATION!
SECTION .0100 - CERTD7ICATION
.0101 DEFINITIONS
(a) Exam. - The examination required by the Nort
Carolina Standards Board for Public School Administration fc
public school administrator candidates, including sub-parts ft
initial and continuing certifications.
(b) Certificate. - The credential administered by the Stat
Board of Education which authorizes the holder to practice i
the professional area for which he/she has been prepared
There are two classifications of certificates:
( 1 ) Initial certificate. - The initial certificate, which i
valid for two years, allows the holder to begi
practicing the profession on an independent basis
Only those persons who are actually beginning i
the profession require initial certification.
ill Continuing certificate. - The continuing certificate
issued after the period of successful initial licensure
authorizes professional school service on a continu
ing basis.
(c) Department. - The North Carolina Department of Publi
Instruction.
(d) IHE. ; Institution of Higher Education.
(e) LEA. ; Local Education Agency.
579 NORTH CAROLINA REGISTER August 1, 1996 11:9
PROPOSED RULES
£fj NCAC. ; North Carolina Administrative Code.
(gl gRR - The North Carolina State Board of Education.
(h) School. ; An organizational subdivision of a school
vstem:
m
(21
(21
(41
consisting of 100 or more students in average daily
membership (ADM), and/or staffed by a minimum
seven full-time teachers (or the equivalent);
composed of one or more grade groups;
organized as one unit with an assigned principal, or
person acting in the capacity of a principal; and
housed in a school plant of one or more buildings.
(i) Charter School. ; A public charter school approved by
ie SBE within an LEA:
consisting of at least 65 students and at least 3
teachers;
operated by a private nonprofit corporation which is
nonsectarian in its programs, admission policies,
employment practices, and all other operations and
which does not charge tuition; and
meets student performance standards adopted by the
SBE.
(j) School administrator. ; School superintendents, deputy
uperintendents, associate superintendents, assistant superinten-
01
(21
01
lents, principals, and assistant principals.
(k) Standards Board. : The North Carolina Standards Board
or Public School Administration.
iuthority G.S. 115C-290.5 (a)(6).
0102 GENERAL INFORMATION
(a) Any person who desires to obtain employment from a
EA as a school administrator las defined in G.S.
15C-290. 2(4)1 must be recommended by the Standards Board
n order to apply for and obtain certification from the Depart-nent.
Minimum requirements for the recommendation of the
(21
(31
tandards Board specify that the applicant:
(1) file an application in the form prescribed by the
Standards Board, along with an application fee;
file an examination application in the form pre-scribed
by the Standards Board, together with an
examination fee, and a recommendation by a desig-nated
official of the approved IHE where prepara-tion
was completed;
hold a bachelors degree from an accredited college
or accredited university, and:
(A) hold a graduate degree from a public school
administration program that meets the public
school administrator program approval stan-dards
set by the SBE; or
(B) hold a masters degree from an accredited
college or accredited university and have
completed by December 31, 1999 a public
school administration program that meets the
public school administration program ap-proval
standards set by the SBE; and
(41 pass the exam.
(bl An applicant shall possess principal certification in
order to be employed in the position of assistant principal,
principal, or assistant superintendent. Exceptions to this
requirement shall be provided for employment in a position as
an assistant superintendent for personnel or business services.
(c) An applicant shall possess superintendent certification
in order to be employed in the position of superintendent,
deputy superintendent, or associate superintendent.
(d) The Standards Board evaluates each application and its
supporting documentation and notifies each applicant of the
action it takes.
(e) Upon recommendation by the Standards Board, each
applicant shall fulfill the certificate application requirements of
the Department.
Authority G.S. U5C-290.5(a)(6).
.0103 EXEMPTIONS FROM CERTIFICATION
REQUIREMENTS OF THE STANDARDS
BOARD
(a) The requirements of this Chapter do not apply to a
person who, at any time during the five years preceding
January 1, 1998:
(1) completed an administrative internship as part of an
approved graduate program in school administration,
and obtained an active State administrator/supervisor
certificate; or
was engaged in school administration while in
possession of an active State administra-tor/
supervisor certificate. The following shall fulfill
the condition of having been "engaged in school
administration":
(21
(A) employment, in any position included in the
definition of school administrator provided in
Rule .OlOl(i) of this Section, in any of the
following institutions:
(i) a public school or LEA in North Caro-lina.
(ii) a public charter school in North Caro-lina.
(iii) a pre-K-12 school in North Carolina
operated by the State Department of
Human Resources.
(iv) a pre-K-12 school in North Carolina
operated by the State Department of
Correction.
(v) a pre-K-12 school in North Carolina
operated by the United States Govern-ment.
(vi) a non-public pre-K-12 school or group
of schools in North Carolina accredited
by the SBE.
(B) employment in a public school supervisor's or
director's position m which there is a major
responsibility to teach or directly supervise
teaching.
(C) employment in a North Carolina col-lege/
university as an instructor whose major
11:9 NORTH CAROLINA REGISTER August 1, 1996 580
PROPOSED RULES
responsibilities include the preparation and/or
supervision of individuals enrolled in a public
school administration program that meets the
public school administrator program approval
standards set by the SBE.
(b) A person who is exempt from the requirements of this
Chapter but applies to the Standards Board under this Chapter
shall be subject to the Chapter.
Authority G.S. 1 15C-290.5(a)(6).
.0104 PROGRAM REQUIREMENTS FOR
CERTIFICATION AS A PUBLIC SCHOOL
ADMINISTRATOR
(a) In order to receive the initial regular principal certifi-cate,
an applicant shall hold a bachelor's degree from an
accredited college or university and:
( 1) must either;
(A) hold a graduate degree from a public school
administration program that meets the public
school administrator program approval stan-dards
set by the SBE; or
(B) hold a masters degree from an accredited
college or accredited university and have
completed by December 31, 1999 a public
school administration program that meets the
public school administration program ap-proval
standards set by the SBE;
(2) receive a recommendation from the IHE which
includes the approval or endorsement of the desig-nated
certification officer at the IHE; and
(3) pass the exam sub-part for initial principal certifica-tion.
(b) In order to receive the principal's continuing certificate,
an applicant shall fulfill the requirements of Rule .0105(d) of
this Section.
(c) In order to receive the superintendent's certificate, an
applicant shall have:
(1) met the certification requirements for a principal;
(2) completed a sixth year program in a public school
administration program that meets the public school
administrator program approval standards set by the
SBE; and
(3) received a recommendation from the IHE which
includes the approval or endorsement of the desig-nated
certification officer at the IHE.
Authority G.S. 1 15C-290. 5 (a)(6).
£2}
three levels of preparation:
(A) master's degree;
(B) sixth-year; and
(C) doctorate.
Superintendent. The holder may serve in i
specific school administrator roles of superintenden
deputy superintendent, associate superintenden
assistant superintendent, principal, or assista
principal. There are two levels of preparation:
(A) sixth-year; and
(B) doctorate,
(c) The Department bases certificate classification on tl
level and degree of career development and competent
There are two classifications of certificates for principals
(1) The initial principal certificate, which is valid fi
two years, allows the holder to begin practicing tl
profession on an independent basis. Only tho:
persons who are actually beginning in the professic
require initial certification. Persons who §
certification in this state for the first time and wh
have two years of appropriate experience as dete
mined by the Department are eligible for a contici
ing certificate. The holder may have the certificat
changed to a continuing principal certificate
provided in Paragraph (d) of this Rule. For pu
poses of this Rule, "year" means not less than si
successive calendar months of full time employmei
(2) The
in one LEA or non-public school with an approve
program plan.
continuing principal certificate authorize
professional school service on a continuing basi;
[Note: Initial certification requirements for publ:
school administration cannot be satisfied in a
assistant principal's position.!
(d) To convert the initial principal certificate to a contini
ing principal certificate, the holder shall:
(1) serve two years as a principal with a LEA or
non-public school that has a comprehensive prograi
plan for initially certified personnel that meets th
m.
(3)
£4}
criteria contained in 16 NCAC 6C .0304(d) and th;
is approved by the SBE;
meet the performance criteria for conversion of a
initial principal certificate to a continuing principz
certificate;
pass the appropriate continuing certification sub-te:
of the exam;
be recommended by the locally designated official o
the LEA or non-public school by which the holde
is employed.
.0105 CERTIFICATION PATTERNS FOR
PUBLIC SCHOOL ADMINISTRATION
(a) Certificates indicate specializations and preparation
levels for which the professional has been prepared.
(b) Certificates are of the following types:
( 1 ) Principal. The holder may serve in the specific
school administrator roles of assistant principal,
principal, or assistant superintendent. There are continuing certifications, is the standard examination require<
Authority G.S. 1 15C-290. 5(a)(6).
.0106 STANDARD EXAMINATIONS
(a) The examination required by the North Carolin.
Standards Board for Public School Administration for principa
certification candidates, including sub-parts for initial an< i
581 NORTH CAROLINA REGISTER August 1, 1996 11:9
PROPOSED RULES
or certification of principals.
(b) Each applicant for certification as a principal shall pay
n examination fee in an amount prescribed by statute.
(c) An applicant for certification as a principal shall meet
ninimum scores on the exam as follows:
(1) Principal sub-test for initial certification - To Be
Determined
(2) Principal sub-test for continuing certification ; To
Be Determined
luthoritv G.S. U5C-290. 5(a)(6).
0107 CERTIFICATE RENEWAL FOR PUBLIC
SCHOOL ADMINISTRATORS
Individuals who seek to renew school administrator certifi-ates
shall follow the certificate renewal procedures prescribed
iy the State Board of Education in 16 NCAC 6C .0307.
[uthority G.S. 1 15C-290.5 (a)(6).
10108 EXPIRED CERTD7ICATES
Individuals who seek to reinstate expired school administra-or
certificates shall follow the procedures prescribed by the
Itate Board of Education in 16 NCAC 6C .0308.
[uthority G.S. 115C-290.5(a)(6).
0109 RECIPROCITY IN CERTIFICATION
A person who has not completed an approved public school
dministration program in this state may be eligible for school
dministrator certification by the Department if he/she fulfills
11 other certification requirements of the department and:
(1) he/she is a graduate of a regionally accredited
graduate program in public school administration
outside the state, provided that:
(a) the applicant holds or is qualified to hold a
public school administration certificate in the
state in which the applicant completed the
graduate program in public school administra-tion;
fb) the applicant seeks certification in public
school administration;
(c) the applicant is recommended by the prepar-ing
institution;
(d) the recommendation is supported by an offi-cial
transcript supplied by the institution; and
(e) the applicant passes the appropriate sub-test(s)
of the exam; or
(2) he/she is accepted from another state under G.S.
115C-349 through 115C-358.
[uthority G.S. 115C-290.5(a)(6).
0110 TEMPORARY PERMIT
(a) A candidate for school administrator certification who
as not met the standard examinations requirement may
eceive a temporary permit if:
(1) the candidate did not know that a minimum standard
examination score was required for certification; and
£2} die candidate has not had the opportunity to satisfy
this requirement after becoming aware of iL
(b) A temporary permit is valid for the remainder of the
fiscal year during which certification is established.
(c) Persons who graduated from in-state approved public
school administration programs subsequent to January J^ 1998
are not eligible for a temporary permit. An individual who
graduated from an in-state approved public school administra-tion
program prior to January J^ 1998 is eligible for a
temporary permit as follows:
(1) he/she is not exempt as specified in Rule .0103 of
this Section;
(2) he/she was not employed in a North Carolina public
school; and
(3) he/she was not notified of the standard examinations
requirements specified in this Chapter.
Authority G.S. 115C-290.5(a)(6).
.0111 CERTIFICATE SUSPENSION AND
REVOCATION
The SBE may deny an application for certification or may
suspend or revoke a public school administrator's certificate
issued by the Department for the reasons and according to the
procedures outlined in 16 NCAC 6C .0312.
Authority G.S. 1 15C-290.5(a)(6).
.0112 CRIMINAL HISTORY CHECKS
LEA's shall comply with guidelines and procedures related
to criminal history checks on applicants as outlined in 16
NCAC 6C .0313.
Authority G.S. 1 15C-290. 5(a)(6).
TriLE 17 - DEPARTMENT OF REVENUE
Notice is hereby given in accordance with G.S. 150B-21.2
that the Department of Revenue intends to amend rule
cited as 17 NCAC 05C .0102.
Proposed Effective Date: 31st legislative day of the 1997
regular session of the General Assetnbly
A Public Hearing will be conducted at 10:00 a.m. on
September 27, 1996 at Room 135, Revenue Building, 501 N.
Wilmington Street, Raleigh, NC 27602.
Reason for Proposed Action: Public Hearing on Title 17
NCAC 05C .0102 - Doing Business Defined.
Comment Procedures: G.S. 150B-1 (d)(4) exempts the
Department of Revenue from Part 2 Article 2A of Chapter
150B with respect to the notice and hearing requirements. The
1:9 NORTH CAROLINA REGISTER August 1, 1996 582
PROPOSED RULES
Department will have a hearing accordingly to the information
published in this Notice of Text and Hearing. Written public
comment should be addressed to Jack L. Harper, Assistant
Secretary for Tax Administration, PO Box 871, Raleigh, NC
27602-0871. Comments must be received by September 3,
1996.
Fiscal Note: This Rule does not affect the expenditures or
revenues of state or local government funds. This Rule does
not ha\e a substantial economic impact of at least five million
dollars ($5,000,000) in a 12-month period.
CHAPTER 5 - CORPORATE INCOME AND
FRANCHISE TAX DIVISION
SUBCHAPTER 5C - CORPORATE INCOME
TAX
SECTION .0100 - CORPORATIONS SUBJECT
TO THE TAX: TAX RATE AND ALLOCATION
.0102 DOING BUSINESS DEFTNED
(a) For income tax purposes, the term "doing business"
means is the operation of any business enterprise or activity in
North Carolina for economic gain,—including,—but gain
including, but not limited to, the following:
(1) the maintenance of an office or other place of
business in North Carolina;
(2) the maintenance in North Carolina of an inventory
of merchandise or material for sale, distribution or
manufacture, regardless of whether kept on the
premises of the taxpayer or in a public or rented
warehouse;
(3) the selling or distributing of merchandise to custom-ers
in North Carolina directly from a com-pany-
owned or operated vehicle when title to the
merchandise is transferred from the seller or distrib-utor
to the customer at the time of the sale or
distribution:
(4) the rendering of a service to clients or customers in
North Carolina by agents or employees of a foreign
corporation;
(5) the owning, renting, or operating of business or
income-producing property in North Carolina
including, but not limited to, the following:
(A) Realty;
(B) Tangible personal property;
(C) Trademarks, tradenames, franchise rights,
computer programs, copyrights, patented
processes, licenses;
(6) the conducting of any activity which results in the
acquisition or control of property, tangible or
intangible, that produces income sourced to this
State under the applicable rules and regulations
including, but not limited to, the following:
(A) receivables generated by and/or resulting
from credit card transactions if the payor is
located in this State;
(B) receivables generated by and/or resultii
ill
from loans, secured or unsecured, if tl
payor is located Ln this State;
the conducting of any activity which results in tl
origination or acquisition of a loan when real pro]
erty within the state serves as collateral or securit
for the receivable without regard to the location
the borrower.
(b) Corporations who are partners in a partnership or joi
venture operating in North Carolina are considered to
"doing business".
(c) "Doing business" by an interstate motor carrier
defined ao the performance of any of the following busine
activities in North Carolina:
(1) The maintenance of an office in the State;
(2) The operation of a terminal or other place of bus
ness in the State;
(3) Having an employee working out of the office c
terminal of another company;
(4) Dropping off or gathering up shipments in the Stati
Authority G.S. 105-130.3; 105-262.
TITLE 21 - OCCUPATIONAL LICENSING
BOARDS
Notice is hereby given in accordance with G. S. 150B-21
that the North Carolina Licensing Board for Generc
Contractors intends to amend rules cited as 21 NCAC 12 .02C
and .0503. Notice of Rule-Making Proceedings was publisht
in the Register on February 15, 1996.
Proposed Effective Date: 31st legislative day of the 19i
regular session of the General Assembly
Public Hearing: A public hearing was held on April 10, 19S
and noticed in North Carolina Register Volume 10, Issue 2'<
February 15, 1996.
Reason for Proposed Action: To allow applicants ft
unlimited licensure and license renewal to demonstrai
financial responsibility by obtaining a bond.
Comment Procedures: Written comments or arguments c
the proposed rule changes may be submitted to Mark D. Selp
at the Board's office through September 3, 1996. The Board
address is PO Box 17187, Raleigh, NC 27619.
Fiscal Note: These Rules do not affect the expenditures
revenues of state or local government funds. These Rules a
not have a substantial economic impact of at least five millic
dollars ($5,000,000) in a 12-month period.
CHAPTER 12 - LICENSING BOARD
FOR GENERAL CONTRACTORS
583 NORTH CAROLINA REGISTER August 1, 1996 11:9
PROPOSED RULES
SECTION .0200 - LICENSING REQUIREMENTS
1204 ELIGIBILITY
(a) Limited License. The applicant for such a license must:
(1) Be entitled to be admitted to the examination given
by the Board in light of the requirements set out in
G.S. 87-10 and Section .0400 of this Chapter;
(2) Be financially stable to the extent that the total
current assets of the applicant or the firm or corpo-ration
he represents exceed the total current liabili-ties
by at least ton fhouoand dollaro ($10,000.00).
This requirement shall remain in effect for all
applications made prior to October 1, 1990.—Fef
applioationo made on or after Ootober 1, 1990 on
applioant for a limited lioonse must bo financially
stable to the extent that the total current assets of the
applioant or the firm or corporation ho represents
oxoeed the total ourront liabilities by at least twelve
thousand five hundred dollars ($12,500.00);
(3) Possess the competency and the ability, as revealed
by the applicant's experience and education to
engage in the practice of general contracting within
a specified classification or classifications in order
to successfully complete a single project of a value
of less than or equal to two hundred fifty thousand
dollars ($250,000.00), such competency and ability
being determined in the sole discretion of the Board;
(4) Successfully complete 70 percent of each part of the
examination given the applicant by the Board deal-ing
with the specified contracting classification
chosen by the applicant;
(b) Intermediate License. The applicant for such a license
mst:
(1) Be entitled to be admitted to the examination given
by the Board in light of the requirements set out in
G.S. 87-10 and Section .0400 of this Chapter;
(2) Be financially stable to the extent that the total
current assets of the applicant or the firm or corpo-ration
he represents exceed the total current liabili-ties
by at least fifty thousand ($50,000.00) as
reflected in an audited financial statement prepared
by a certified public accountant or a qualified
independent accountant who is engaged in the public
practice of accountancy;
(3) Possess the competency and the ability as revealed
by the applicant's experience and education to
engage in the practice of general contracting within
a specified classification or classifications in order
to successfully complete a single project of a value
of less than or equal to five hundred thousand
dollars ($500,000.00), such competency and ability
being determined in the sole discretion of the Board;
(4) Successfully complete 70 percent of each part of the
examination given the applicant by the Board deal-ing
with the specified contracting classification
chosen by the applicant.
(c) Unlimited License. The applicant for such a license
must:
(1) Be entitled to be admitted to the examination given
by the Board in light of the requirements set out in
G.S. 87-10 and Section .0400 of this Chapter;
(2) Be financially stable to the extent that the total
current assets of the applicant or the firm or corpo-ration
he represents exceed the total current liabili-ties
by at least one hundred thousand dollars
($100,000.00) as reflected in an audited financial
statement prepared by a certified public accountant
or by a qualified independent accountant who is
engaged in the public practice of accountancy;
(3) Possess the competency and the ability, as revealed
by the applicant's experience and education to
engage in the practice of general contracting within
a specified classification or classifications in order
to successfully complete a single project of a value
in excess of five hundred thousand dollars
($500,000), such competency and ability being
determined in the sole discretion of the Board;
(4) Successfully complete 70 percent of each part of the
examination given the applicant by the Board deal-ing
with the specified contracting classification
chosen by the applicant.
(d) Should the financial statement submitted by the appli-cant
fail to demonstrate the required level of working capital,
the applicant shall obtain a surety bond from a surety autho-rized
to transact surety business in North Carolina pursuant to
G.S. 58, Article 7_i JJL. 2.L 91 22^ The surety shall provide
proof that it maintains a rating from A.M. Best, or its
successor rating organization, of either Superior (A+ + or
A + ) or Excellent (A or A-). The bond shall be continuous in
form and shall be maintained in effect for as long as the
applicant maintains a license to practice general contracting in
North Carolina or until the applicant demonstrates the required
level of working capital. The application form and subsequent
annual license renewal forms shall require proof of a surety
bond meeting the requirements of this Rule. The applicant
shall maintain the bond in the amount of fifty thousand dollars
($50,000) for a limited license, two hundred fifty thousand
dollars ($250,000) for an intermediate license, and five
hundred thousand dollars ($500,000) for an unlimited license .
The bond shall be for the benefit of any person who is
damaged by an act or omission of the applicant constituting
breach of a construction contract or breach of a contract for
the furnishing of labor, materials, or professional services to
construction undertaken by the applicant, or by an unlawful act
or omission of the applicant in the performance of a construc-tion
contract. The bond required by this Rule shall be in
addition to and not in lieu of any other bond required of the
applicant by law, regulation, or any party to a contract with
the applicant. Should the surety cancel the bond, the surety
and the applicant both shall notify the Board immediately in
writing. If the applicant fails to provide written proof of
financial responsibility in compliance with this Rule within
thirty days of the bond's cancellation, then the applicant's
license shall be suspended until written proof of compliance is
1:9 NORTH CAROLINA REGISTER August 1, 1996 584
PROPOSED RULES
provided. After a suspension of two years, the applicant shall
fulfill all requirements of a new applicant for licensure. The
practice of general contracting by an applicant whose license
has been suspended pursuant to this Rule will subject the
applicant to additional disciplinary action by the Board.
(d)(e) Reciprocity. If an applicant is licensed as a general
contractor in another state, the Board, in its discretion, need
not require the applicant to successfully complete the written
examination as provided by G.S. 87-15.1. However, the
applicant must comply with all other requirements of these
rules to be eligible to be licensed in North Carolina as a
general contractor.
Authority G.S. 87-1; 87-10.
SECTION .0500 - LICENSE
.0503 RENEWAL OF LICENSE
(a) Form. An application for renewal requires the holder
of a valid license to set forth whether there were any changes
made in the status of the licensee's business during the
preceding year and also requires the holder to give a financial
statement for the business in question. The financial statement
need not be prepared by a certified public accountant or by a
qualified independent accountant but may be completed by the
holder of a license on the form itself. However, the Board
may require a license holder to submit an audited financial
statement if there is any evidence indicating that the license
holder may be unable to meet his financial obligations.
Except as provided herein, the financial otat ement evidence of
financial responsibility will be subject to approval by the
Board in accordance with the working capital requirements of
Rule .0204 of this Chapter. A licensee may be required to
provide evidence of continued financial responsibility satisfac-tory
to the Board should circumstances render such evidence
necessary, and shall provide the Board with a copy of any
bankruptcy petition filed by the licensee within thirty (30) days
of its filing.
(b) Display. The certificate of renewal of license granted
by the Board, containing the signatures of the Chairman and
the Secretary-Treasurer, must be displayed at all times by the
licensee at his place of business.
Authority G. S. 87-1; 87-10.
TITLE 23 - DEPARTMENT OF
COMMUNITY COLLEGES
Notice is hereby given in accordance with G.S. 150B-21.2
that the N. C. State Board of Community Colleges intends
to amend rules cited as 23 NCAC 2D .0325 2E .0203; 23
NCAC 3A .0113. Notice of Rule-making Proceedings was
published in the Register on March 15, 1996.
Proposed Effective Date: March 1, 1997
A Public Hearing will be conducted at 10:00 a.m. on Augtu
22, 1996 at the Caswell Building - State Board Room, 200 W
Jones Street, Raleigh, NC 27603-1379.
Reason for Proposed Action:
23 NCAC 2D .0325 - To exemptfire, rescue and law enforce
ment personnel from the course repetition limitation fo
training courses as required by 1995 legislative action.
23 NCAC 2E .0203 - To regulate work experience hours i
apprenticeship programs.
23 NCAC 3 - To require proprietary business, trade o
technical schools that receive Title TVfunds to comply with th
same refund policies as Community Colleges.
Comment Procedures: Individuals who plan to make ora
presentations must submit their remarks to the hearing officer
A ten-minute or less time limit per person may be imposed fo
oral presentations. Interested persons may submit writtei
statementsfrom tlie date of this notice until September 3, 1996
delivered or mailed to Dr. Lloyd V. Hackley, NC Communit
College System, 200 W. Jones Street, Raleigh, NC 27603
1379.
Fiscal Note: These Rules do not affect the expenditures o
revenues of state or local government funds. These Rules d(
not have a substantial economic impact of at least five millioi
dollars ($5,000,000) in a 12-month period.
CHAPTER 2 - COMMUNrTY COLLEGES
SUBCHAPTER 2D - COMMUNITY COLLEGES:
FISCAL AFFAIRS
SECTION .0300 - BUDGETING: ACCOUNTING:
FISCAL MANAGEMENT
.0325 LIMITATION IN REPORTING
STUDENT MEMBERSHIP HOURS
(a) Student hours may not be reported for budget/FTT
which result from:
(1) Conferences or visits. General types of meetings
usually of one or more day's duration, attended b)
a fairly large number of people. A conference o
visit may have a central theme, but is loosel)
structured to cover a wide range of topics. Th
emphasis is on prepared presentations by authorita
tive speakers, although division into small grouj
sessions for discussion purposes is often a relatec
activity.
(2) Seminars or Meetings. A small group of peopl
meeting primarily for discussion under the directiot
of a leader or resource person or persons. Seminars
and meetings are generally one-time offerings ever
though they may continue for more than one day.
(3) Programs of a service nature rather than instruc
tional classes.
(4) Enrollment of high school students not in compli-
585 NORTH CAROLINA REGISTER August 1, 1996 11:9
PROPOSED RULES
ance with 23 NCAC 2C.0301 and 2C.0305.
(5) Unsupervised classes.
(6) Proficiency or challenge exams except that the
actual time required to take the exam may be
counted in membership; students must shall be
registered in the class consistent with Paragraph (a)
of Rules .0202 and .0203 of this Subchapter.
(7) Homework assignments.
(8) Inter-institutional or intramural sports activities
including those of prison inmates.
(9) Effective July 1, 1993, no budget/FTE shall be
generated by occupational extension students after
their first repetition of an occupational extension
course. Students who take an occupational exten-sion
course more than twice within a five-year
period shall pay their cost for the course based on
the amount of funds generated by a student mem-bership
hour for occupational extension multiplied
by the number of actual hours the class is to be
taught. These students wiH may not generate
budget/FTE. The funds collected from these stu-dents
will shall be used by the colleges to offer
additional educational courses. This Subparagraph
does not apply to fire, rescue, or law enforcement
training courses taken by fire, rescue, or law en-forcement
personnel.
(A) A statement on occupational extension course
repetitions consistent with the requirements of
this rule shall be included in college adver-tisements,
schedules and catalogs. Students
shall be notified during registration that they
will be charged the full cost of courses which
they have taken twice within a five-year
period and in which they wish to enroll.
Students shall be primarily responsible for
monitoring course repetitions; however, the
colleges shall review records and charge
students full cost for courses taken more than
twice.
(B) Senior citizens who are legal residents of
North Carolina and who wish to enroll in an
occupational extension course, wiH shall not
be required to pay for taking the course
twice. Senior citizens who take an occupa-tional
extension course more than twice
within a five-year period shall pay their cost
for the course based on the amount of funds
generated by a student membership hour for
occupational extension multiplied by the
number of actual hours the class is to be
taught. These senior citizens will shall not
generate budget/FTE. The funds collected
from these senior citizens will shall be used
by the colleges to offer additional educational
courses.
(C) Students may repeat occupational extension
courses more than once if the repetitions are
required for certification, licensure, or recer-tification.
The colleges shall submit annual
reports to the State Board of Community
Colleges naming the students and the certifi-cation,
licensure or recertification require-ments
that necessitated the repetition.
(b) Self-supporting classes we shall not te be reported for
regular budget purposes (those classes supported by student
fees or a class in which instruction is provided gratis); all
recreational extension classes fall in this category.
(c) Occupational extension instruction shall not be offered
in sheltered workshops and adult developmental activity
centers (ADAP) except sheltered workshops and ADAP
centers may contract with the community college to provide
occupational extension courses on a self-supporting basis.
(d) Educational programs offered in a correctional depart-ment
setting shall report full-time equivalent (FTE) student
hours on the basis of contact hours.
Authority G.S. 115D-5.
SUBCHAPTER 2E - EDUCATIONAL
PROGRAMS
SECTION .0200 - CURRICULUM PROGRAMS
.0203 STANDARDS FOR TECHNICAL-VOCATIONAL
CURRICULUMS
(a) Standards. The standards for each occupational curricu-lum,
technical or vocational, will be developed in accordance
with the following guidelines. Each institution will design its
curriculum courses and requirements to comply with the
standards for the curriculum. Each institution will also follow
procedures for curriculum approval as outlined in Rules .0101-
and .0102 , and .0104 of this Subchapter.
(b) Guidelines for Technical-Vocational Curriculums
(1) Each curriculum should be developed to meet
specific occupational objectives and occupational
educational competencies. The curriculum should
be designed to lead to employment. The curriculum
should emphasize knowledge, skills, and attitudes
appropriate to the occupational cluster for which it
is designed, with the necessary information about
instruments, tools, equipment, and processes
included as an integral part of the curriculum.
(2) The curriculum is defined as consisting of a course
or a group of courses organized in a logical se-quence
to meet occupational educational goals and
that meet the following criteria.
(A) The curriculum consists of a course or
courses which total a minimum of 16 quarter
hour credits.
(B) The curriculum covers the instruction in the
designated competencies for an occupation.
(3) Curriculums leading to the Associate in Applied
Science (A.A.S.) degree should require from 96
quarter hour credits to 128 quarter hour credits for
1:9 NORTH CAROLINA REGISTER August 1, 1996 586
PROPOSED RULES
graduation. On special justification the State System
President may recommend a curriculum to the State
Board with quarter hour credit requirements above
the maximum of 128. Total quarter hour credits (8)
required for each curriculum will be established at
a minimum with the maximum allowed being no
more than 10 percent above the minimum.
(4) Curriculums leading to the diploma should require
from 64 to 128 quarter hour credits for graduation.
Quarter hour credits for each curriculum will be
established at a minimum with a maximum being no
more than 10 percent above the minimum.
(5) Certificates may be awarded to a graduate of a
curriculum of fewer than 64 quarter hour credits in
length.
(6) Technical Curriculums
(A) Technical curriculums should be designed to
prepare individuals for employment in fields
recognized as semiprofessional or paraprofes-sional
in status. They should be composed of
collegiate-level studies (not necessarily trans-ferable)
providing a greater degree of theoret- (9)
ical knowledge than manipulative skills and
should be oriented to a broad occupational
cluster.
(B) Graduates from a technical curriculum should
have at least 18 quarter hour credits in the
areas of English, social science, and/or the
humanities.
(C) The Associate in Applied Science degree may
be awarded to the graduate of a technical
curriculum with 96 quarter hour credits or
more.
(7) Technical Specialty Curriculums
(A) Technical specialty curriculums should be
designed to prepare individuals for employ-ment
in fields recognized as semiprofes- (10)
sional or paraprofessional in status. They
should be composed of collegiate-level studies
(not necessarily transferable) providing a
greater degree of theoretical knowledge than
manipulative skills.
(B) Technical specialty curriculums should in-clude
only those general education and related
courses necessary to support the technical
courses offered in the curriculum.
(C) Technical specialty curriculums usually are
composed of selected technical courses de-signed
to prepare for a particular
technical skill. Technical specialty curricu-lums
may range from 16 to 95 quarter hour
credits for each curriculum established at a
minimum with the maximum allowed being
no more than 10 percent above the minimum.
(D) The diploma may be awarded to the graduate
of a technical specialty curriculum 64 to 95
quarter hour credits in length.
(E) The certificate may be awarded to the gradu
ate of a technical specialty curriculum wit]
fewer than 64 quarter hour credits in length
Vocational Curriculums
(A) Vocational curriculums should be designed t(
prepare individuals for skilled or semiskille*
employment opportunities. Study is primar
ily oriented to the development of manipula
tive skill competencies for use in a special
ized occupation.
(B) Graduates from a vocational curriculun
should have at least six quarter hour credit:
in one or more of the areas of communica
tions skills, applied sciences, and appliet
social sciences.
(C) The diploma may be awarded to the gradual
of a vocational curriculum that is 64 or mon
quarter hour credits in length. The certificate
may be awarded to the graduate of a voca
tional curriculum of fewer than 64 quartet
hour credits in length.
Vocational Specialty Curriculums
(A) Vocational specialty curriculums should be
designed to prepare students for skilled o:
semiskilled employment opportunities. Study
is primarily oriented to the development o
manipulative skills for use in a specialized
occupation.
(B) Vocational specialty curriculums usually
include only those subjects necessary tc
support the development of the skills foi
the specialized occupation. Vocational spe
cialty curriculums should be a minimum o
16 quarter hour credits in length.
(C) A certificate may be awarded to the gradual*
of a vocational specialty curriculum.
Procedures of Establishing Standards for Each
Curriculum
(A) The standards for each curriculum will h
established jointly by the Department oi
Community Colleges and the institution(s)
offering or proposing to offer the curriculum
(B) A curriculum may have subject categories
established with minimum and maximum
quarter hour credit ranges for the subject
area. Technical curriculums will have mini
mum quarter hour credits established for th<
following subject categories: technical,
related and general education. Elective
quarter hour credits may also be included as
a category. Vocational curriculums may have
subject categories established.
(C) A minimum percentage of quarter hour cred-its
awarded to class work will be specified
for each curriculum.
(D) Cooperative education or work experience
may be included in the curriculum up to a
587 NORTH CAROLINA REGISTER August 1, 1996 11:9
PROPOSED RULES
maximum of 12 quarter hour credits. Under
a curriculum standard specifically designed
for select associate degree programs, work
experience shall be included in a curriculum
up. to a maximum of 24 quarter hour credits.
The select associate degree programs shall be
registered under North Carolina Department
of Labor Apprenticeship programs. Only 12
quarter hour credits of work experience shall
earn budget FTE. The Department shall
implement the Pilot Work Experience project
and shall submit to the State Board a report,
including the number of students involved and
associated costs, one year after this Rule as
revised is effective.
(11) Procedures for Changing Standards for Each Curric-ulum.
Changes in standards for each curriculum
will require the approval of the State Board. Re-quest
for changes in the standards approved by the
State Board for a curriculum may be made to the
Board under the following conditions:
(A) Request to the Department of Community
Colleges to change the standards;
(B) Concurrence by the majority of institutions
offering the specific curriculum;
(C) Concurrence by the Department of Commu-nity
Colleges.
(12) Procedures for Designing Curriculums at the Institu-tional
Level
(A) The institution will be responsible for the
design of the curriculum at the institutional
level.
(B) The curriculum will adhere to the standards
as approved by the State Board for the curric-ulum.
(C) When standards are to be developed for a
new curriculum, the institution or institutions
planning to submit applications to the
State Board for curriculum approval will
jointly develop the standards with the Depart-ment
of Community Colleges for the pro-posed
curriculum for presentation to the State
Board for action.
(D) The institution will maintain on file with the
Department of Community Colleges a copy of
the official curriculum approved by the insti-tution's
board of trustees. A copy of each
revised curriculum will be filed with the
Department of Community Colleges prior to
implementation at the institution.
[uthority G.S. 115D-5.
CHAPTER 3 - MISCELLANEOUS PROGRAMS
SUBCHAPTER 3A - PROPRIETARY SCHOOLS
SECTION .0100 - BUSINESS, TRADE AND
TECHNICAL SCHOOLS
.0113 STUDENT REFUND
Any proprietary business, trade, or technical school that is
licensed by the State Board of Community Colleges is subject
to the refund policies set forth in 23 NCAC 2D .0202(e)(lH3)
and .0203(d)(l)-(3) and (5). Proprietary schools are not
required to deposit funds collected for tuition with the State
Treasurer's Office.
Authority G.S. 115D-90.
TITLE 26 - OFFICE OF ADMINISTRATIVE
HEARINGS
Notice is hereby given in accordance with G.S. 150B-21.2
that the Office of Administrative Hearings intends to
adopt rules cited as 26 NCAC 3 .0301 - .0305. Notice of
Rule-Making Proceedings was published in the Register on
May 1, 1996.
Proposed Effective Date: April 1, 1997.
A Public Hearing will be conducted on September 4, 1996 at
10:00 am at the Lee House, Hearing Room, 422 North Blount
Street, Raleigh, NC 27601.
Reason for Proposed Action: Parties in complex administra-tive
litigation are in need of optional rules to expedite hearings
at OAH. The proposed rules would allow parties to stipulate
to a procedure in order to expedite the administrative hearing
process and issuance of a decision.
Comment Procedures: Interested persons may submit written
comments regarding these rules to: Anna K. Baird, Rule-
Making Coordinator, Office of Administrative Hearings, PO
Drawer 27447, Raleigh, NC 27611-7447. Comments shall be
received by OAH no later than 5:30pm on September 4, 1996.
Fiscal Note: These Rules do not affect the expenditures or
revenues of state or local government funds. Tfiese Rules do
not have a substantial economic impact of at least five million
dollars ($5,000,000) in a 12-month period.
CHAPTER 3 - HEARINGS DIVISION
SECTION .0300 - EXPEDLTED HEARING
PROCEDURES FOR COMPLEX CONTESTED CASES
.0301 ORDER DESIGNATING COMPLEX
CONTESTED CASES
Upon the joint motion, stipulation, or consent of aM parties,
the Chief Administrative Law Judge (ALT) may order any
contested case to be designated as complex and eligible for
expedited hearing procedures. The Chief ALJ shall issue this
1:9 NORTH CAROLINA REGISTER August 1, 1996 588
PROPOSED RULES
order, after reviewing the recommendation of the presiding
ALJ, without hearing, within 30 days after the assignment of
the contested case. If the Chief ALJ denies the order, the
contested case shall remain on the presiding ALJ's regular
docket.
Authority G.S. 150B-31(b).
.0302 FACTORS TO BE CONSIDERED
The Chief ALJ shall designate a contested case as complex
and eligible for expedited procedures based upon any factors
the Chief ALJ deems appropriate, including the following:
(1) the need for special expertise by the presiding ALJ;
(2) the number and diverse interests of the parties;
(3) the amount and nature of anticipated prehearing
discovery and motions;
(4) the complexity of evidentiary matters and legal
issues involved;
(5) the efficient administration of justice; and
(6) the economic value of the claims to be litigated.
Authority G.S. l50B-31(b).
.0303 VENUE
In order to comply with the time requirements of the
expedited hearing procedures, venue for all contested cases
designated as complex shall be Wake County, North Carolina,
unless otherwise ordered by the presiding ALJ.
Authority G.S. 150B-31(b).
.0304 EXPEDITED HEARING PROCEDURES
FOR COMPLEX CONTESTED CASES
(a) Scheduling Order By Consent. Within 15 days after the
Chief ALJ has designated a contested case as complex, the
parties shall submit to the presiding ALJ a scheduling order by
consent. If the parties are unable to agree upon a consent
scheduling order during this time period, the presiding ALJ
shall remove the case from the expedited docket and return it
to the regular docket.
(b) Content of the Scheduling Order. The Scheduling
Order shall include the following:
LU
(2)
£3)
(sH
dates and time limits for filing motions, responses to
motions, and disposition of prehearing motions;
dates and time limits for completion of discovery;
dates for prehearing conference and orders on final
prehearing conference; and
any other stipulation controlling the disposition of
the contested case, including any agreement regard-ing
abbreviated hearing procedures.
Hearing and Decision. The hearing for a complex
contested case shall commence within 90 days of the filing of
the petition. Absent a contrary agreement between the parties,
the maximum length allowed for a hearing shall be five days,
and the time shall be allocated equitably between the parties.
The presiding ALJ shall issue a decision within 30 days of the
close of the hearing. The Office of Administrative Hearings
shall deliver the official record to the agency making the fina
decision within 15 days after the presiding ALJ has filed
recommended decision.
Authority G.S. 150B-31(b).
.0305 RULES AND PROCEDURES
The rules contained in 26 NCAC 3 .0100 shall govern th
hearing of complex contested cases except as modified by thi
Section.
Authority G.S. 150B-31(b).
589 NORTH CAROLINA REGISTER August 1, 1996 11:9
IN ADDITION
This Section contains public notices that are required to be published in the Register or have been approved by the
Codifier of Rules for publication.
DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
)uring the 1996 session of the North Carolina General Assembly, Senate Bill 1317 was ratified into law on June 21, 1996. This
iew law specifies changes to cleanup requirements for releases from underground storage tanks. Under certain conditions owners
nd operators of underground storage tanks that are classified as C, D, or E impact, will not be required to cleanup contaminated
ites pending the adoption of risk-assessment rules. This law will also restrict these persons from gaining access to or continuing
o receive payments from the state's Commercial and Non-Commercial Leaking Petroleum Underground Storage Tank Trust
iinds, unless the responsible party can meet the criteria outlined in Chapter 648, Section 1(f) of the bill. With regards to the
equirements of Chapter 648 of the 1995 Session Laws Section (l)(b), all sites classified as A or B are Class AB and all sites
iiat are classified as C, D, or E are Class CDE. Pursuant to Chapter 648, Section 1(c) of the bill, the Department is required
o give notice of the classification of these sites in the North Carolina Register as follows:
PIRF
(TABLE 1)
County Incident Location/Name Incident # City/Town Priority Code
ALAMA ALAMANCE CO. SCHOOL MATNT. 10727 GRAHAM E
ALAMA ALLEY, WILLIAMS, CARMENS.&KING 15755 BURLINGTON E
ALAMA ASHBY'S 11593 BURLINGTON C
ALAMA AT&T TECHNOLOGIES A 10025 BURLINGTON E
ALAMA AT&T TECHNOLOGIES-C 15064 BURLINGTON E
ALAMA AT&T-IRELAND ST. 3395 BURLINGTON E
ALAMA BATTLEGROUND TIRE & WRECKER 7054 BURLINGTON E
ALAMA BEACON BAPTIST CHURCH 15375 BURLINGTON D
ALAMA BOBBIE'S TEXACO 11306 BURLINGTON E
ALAMA BP OIL CO. #24165 13317 BURLINGTON C
ALAMA BP OIL FACILITY #24164 8940 BURLINGTON E
ALAMA BP SERVICE STATION #24208 13316 MEBANE D
ALAMA BROGDEN AUTO SALVAGE 10024 GRAHAM A
ALAMA BROWN-WOOTEN 11594 MEBANE E
ALAMA BURCO, INC. 7619 BURLINGTON E
ALAMA BURLINGTON INDUSTRIES 11612 BURLINGTON E
ALAMA BURLINGTON INDUSTRIES PIONEER 3392 BURLINGTON E
ALAMA BURLINGTON. CITY OF-SERV CNTR 11473 BURLINGTON E
ALAMA CAROLINA BIO.SUPPLY-BOBBrr LAB 11228 BURLINGTON C
ALAMA CAROLINA BIOLOGICAL -BLDG 303 11707 BURLINGTON D
ALAMA CAROLINA BIOLOGICAL YORK RD. 6155 BURLINGTON C
ALAMA CAROLINA BIOLOGICAL-BLDG 101 11229 BURLINGTON D
1:9 NORTH CAROLINA REGISTER August 1, 1996 590
IN ADDITION
ALAMA CAROLINA BIOLOGICAL-RAINEY ST. 6157 BURLINGTON E
ALAMA CASSIDY PROPERTY 15016 GRAHAM C
ALAMA CEDAR ROCK BAPTIST MISSION 14407 BURLINGTON E
ALAMA CENTRAL PIEDMONT NURSING HOME 12550 BURLINGTON E
ALAMA CHAS LOWE RESIDENCE 9960 ELON COLLEGE E
ALAMA CHRIS PLUMMER RESIDENCE 12451 GRAHAM A
ALAMA CITY OF BURLINGTON-REC. DEPT. 14409 BURLINGTON E
ALAMA CITY OF E. BURLINGTON WWTP 13867 BURLINGTON E
ALAMA CITY PACKING CO. 5007 BURLINGTON E
ALAMA COLE MOTORS, INC. 13860 BURLINGTON E
ALAMA COLLINS & AIKMAN 5167 GRAHAM E
ALAMA COPELAND FABRICS INC.PLT #2 11702 BURLINGTON C
ALAMA CORNUCOPIA COUNTRY STORE 11436 GRAHAM E
ALAMA COUNTRY APPLIANCE 12558 ALTAMAHAW A
ALAMA COUNTY MOTOR CO. 6839 GRAHAM E
ALAMA CRAFTIQUE 6253 MEBANE B
ALAMA CROWN CENTRAL-FAST FARE-598 9074 BURLINGTON E
ALAMA CULP FINISHING 13879 BURLINGTON E
ALAMA DAVID HILL RESIDENCE 14406 BURLINGTON E
ALAMA DAVIS AND DAVIS 6203 BURLINGTON C
ALAMA DAVIS AUTO 5896 GRAHAM A
ALAMA DENNIS JONES PROPERTY 6405 BURLINGTON E
ALAMA DICK SHIRLEY CADILLAC-OLDS 6812 BURLINGTON E
ALAMA DOROTHY EASON RESIDENCE 3758 GRAHAM B
ALAMA E.M. HOLT VFD 11704 ALAMANCE B
ALAMA EASCO ALUMINUM CO.-B 10217 BURLINGTON E
ALAMA EASTERN AVIATION FUELS, INC. 6254 BURLINGTON E
ALAMA ED ALEXANDER FABRIC 14365 BURLINGTON E
ALAMA ELON COLLEGE 14363 ELON COLLEGE E
ALAMA ELON COLLEGE POWER PLANT C 10215 ELON COLLEGE E
ALAMA ERNIE KOURY RESIDENCE 11694 ELON COLLEGE C
ALAMA EXXON #4-2650 6416 BURLINGTON E
ALAMA EXXON 4-0860 6415 BURLINGTON D
ALAMA EXXON 4-6580 4023 BURLINGTON D
ALAMA FAIRCLOTH GROCERY 6160 BURLINGTON A
ALAMA FLYING J. TRAVEL PLAZA 6825 HAW RIVER E
ALAMA FLYNT FABRIC & FINISHING 6884 BURLINGTON E
ALAMA GEORGE CANTRELL RESIDENCE 10006 BURLINGTON A
591 NORTH CAROLINA REGISTER August 1, 1996 11:9
IN ADDITION
ALAMA GLEN RAVEN CONSUMER PROD DIV-B 14360 BURLINGTON B
ALAMA GLEN RAVEN GULF 6436 BURLINGTON E
ALAMA GLEN RAVEN MILLS 5025 BURLINGTON E
ALAMA GLEN RAVEN MILLS-CONSUMER PROD 10864 ALTAMAHAW C
ALAMA GLEN RAVEN MILLS-TRANSP. DIV. 6241 OSSIPEE E
ALAMA GOODYEAR DEALER EXPANSION 14364 BURLINGTON E
ALAMA GRAHAM GAS HOUSE 14184 GRAHAM E
ALAMA GRAHAM GULF SERVICE 6414 GRAHAM C
ALAMA GRANITE DIAGNOSTICS 11699 BURLINGTON E
ALAMA HAROLD SMITH GROCERY 12913 BURLINGTON A
ALAMA HAW RIVER EXXON 5122 HAW RIVER E
ALAMA HAWK PROPERTY 14915 BURLINGTON E
ALAMA HOLT HOSIERY-GLEN RAVEN PLT 8866 GLEN RAVEN E
ALAMA HONDA POWER EQUIP. MT-G, INC. 12528 SWEPSONVILLE E
ALAMA HOPEDALE COMMUNITY SIMMONS MIN 1628 HOPEDALE A
ALAMA HUB CENTER SERVICE STATION 10740 ALTAMAHAW B
ALAMA INTERSTATE 85 & NC 62 GULF STA 3164 BURLINGTON E
ALAMA INTERSTATE TEXACO 11698 BURLINGTON C
ALAMA JT. SMITH STORE 8142 BURLINGTON E
ALAMA JACK CHURCH EXXON 15518 BURLINGTON E
ALAMA JACK PARIS SERVICE STATION 5348 GRAHAM B
ALAMA JERRY'S AMOCO 11697 GRAHAM C
ALAMA JESSIE MAE CAMPANELLA 11433 GRAHAM E
ALAMA JOE'S 66 SERVICE 5606 BURLINGTON E
ALAMA KENS QUICKIE MART 8315 SWEPSONVILLE E
ALAMA KING GULF SERVICE 13793 BURLINGTON E
ALAMA KINGSDOWN 6156 MEBANE E
ALAMA L.W. PRITCHETT JR.-BULK FAC. 8148 BURLINGTON E
ALAMA LAWRENCE INDUSTRIES 6944 HAW RIVER E
ALAMA LAWRENCE INDUSTRIES-NON REG 13916 HAW RIVER E
ALAMA LIFE TOUCH STUDIOS 14854 BURLINGTON E
ALAMA LINDA & EARL THOMPSON 11031 BURLINGTON E
ALAMA LOWES 613b BURLINGTON E
ALAMA LUCK STONE CORP.-B 14367 BURLINGTON E
ALAMA LULA JOHNSON ESTATE 13901 GRAHAM C
ALAMA MARY P. HILL RESIDENCE 3737 BURLINGTON A
ALAMA MATKINS GLASS, INC. 11773 BURLINGTON E
ALAMA MAX'S MART-B 14386 GRAHAM B
11:9 NORTH CAROLINA REGISTER August 1, 1996 592
IN ADDITION
ALAMA MCCLURE FUNERAL HOME 6853 GRAHAM E
ALAMA MCGUIRES GROCERY 11688 BURLINGTON E
ALAMA MEBANE OAKS FOOD MART ELLIS PI 2999 MEBANE E
ALAMA MEBANE ST. PRODUCE 15428 BURLINGTON C
ALAMA MEDICAL OFFICE PARK 14286 BURLINGTON E
ALAMA MEWBORN VISION CENTER 11772 BURLINGTON E
ALAMA MIDWAY BP SERVICE 6863 BURLINGTON E
ALAMA MILLIE THOMAS RESIDENCE 15061 BURLINGTON D
ALAMA MONARCH HOSIERY MILLS 11695 ALTAMAHAW B
ALAMA MORRJS PLAN BANK 9533 BURLINGTON E
ALAMA NC NATIONAL GUARD-BURLINGTON 15254 BURLINGTON E
ALAMA NCDOT-GRAHAM 11770 GRAHAM C
ALAMA OLD SMITH'S GROCERY 14408 BURLINGTON B
ALAMA PAYNES PHILLIPS 66 7159 GRAHAM E
ALAMA PEPSI COLA-BURLINGTON 11927 BURLINGTON E
ALAMA PIEDMONT NATURAL GAS 9244 BURLINGTON C
ALAMA PINE CHEMICAL 1 4405 GRAHAM E
ALAMA PLEASANT GROVE GRILL 14369 BURLINGTON B
ALAMA PLEASANT HILL MARKET 5923 SNOW CAMP B
ALAMA PUMP & PACK #7 14395 GRAHAM E
ALAMA R.C. HOBBY WORKSHOP 8141 BURLINGTON C
ALAMA RAYGO MART 11926 BURLINGTON E
ALAMA RED HORSE TRUCK STOP 10119 MEBANE D
ALAMA RICO SUCTION LABS, INC. 14396 BURLINGTON C
ALAMA ROBERT E. BRIDGES 6168 BURLINGTON E
ALAMA ROBERT JESSUP PROPERTY 10007 GRAHAM B
ALAMA ROBERTSON MASONRY 7550 BURLINGTON A
ALAMA ROCHE BIOMEDICAL HAUGAR 14397 BURLINGTON B
ALAMA ROCHE BIOMEDICAL LABORATORIES 3776 BURLINGTON C
ALAMA SANDY CROSS MINI MART 3199 BURLINGTON D
ALAMA SCOTT PROPERTY-LAWN & GARDEN 10008 GRAHAM D
ALAMA SEARS HOLLY HILL MALL 14398 BURLINGTON E
ALAMA SERVCO-WEBB AVE. 7302 BURLINGTON E
ALAMA SHAFFNER PROPERTY 11432 BURLINGTON D
ALAMA SHAMROCK GOLF COURSE 15062 BURLINGTON C
ALAMA SHOFFNER INDUSTRIES 8146 BURLINGTON C
ALAMA SOUTHERN AUTO PARTS 14389 GRAHAM B
ALAMA SOUTHERN BELL-E.DAVIS ST. B 11928 BURLINGTON E
593 NORTH CAROLINA REGISTER August 1, 1996 11:9
IN ADDITION
ALAMA SOUTHERN STATES-BURLINGTON 4054 BURLINGTON E
ALAMA SOUTHERN STATES-BURLINGTON B 14387 BURLINGTON E
ALAMA SWEATERS, USA 12447 ALAMANCE VILLAGE E
ALAMA T & G GROCERY 6147 GRAHAM C
ALAMA TAYLOR RESIDENCE 15060 BURINGTON D
ALAMA TENNECO #15231 5076 BURLINGTON E
ALAMA TERRY PENLEY RESIDENCE 12838 BURLINGTON D
ALAMA THE PANTRY 3111 ELON COLLEGE D
ALAMA TIM MYERS RESIDENCE 6407 BURLINGTON A
ALAMA TOMMY'S MINI MART 15058 BURLINGTON B
ALAMA WADE'S 66 SERVICE 14385 BURLINGTON E
ALAMA WATSON ELECTRICAL CONST. CO. 10728 GRAHAM E
ALAMA WILLIAMSON AUTO SALES 11885 BURLINGTON C
ALAMA WOODY'S EXXON 11888 BURLINGTON C
ALEXA ALEXANDER COMM. HOSPITAL 15210 TAYLORSVILLE C
ALEXA BRUSHY MOUNTAIN ENTERPRISES 14133 TAYLORSVILLE B
ALEXA CLEO BARNES RESIDENCE 3531 TAYLORSVILLE E
ALEXA CORSON FURNITURE INDUS. 8296 TAYLORSVILLE E
ALEXA GRANT'S STORE-STA #66 13024 MIDWAY B
ALEXA HIDDENITE EXXON 6513 HIDDENITE E
ALEXA NC DOT MAINTENANCE YARD 11213 TAYLORSVILLE B
ALEXA PATTERSON RESIDENCE 3896 STONY POINT A
ALEXA TOWN OF TAYLORSVILLE 10184 TAYLORSVILLE B
ALLEG BALLINGALL STORE 2970 ENNICE E
ALLEG BLUFFS COFFEE SHOP 3441 LAUREL SPRINGS E
ALLEG EDMONDS GROCERY 11954 ENNICE A
ALLEG G & B OIL CO-BULK PLANT 7068 SPARTA C '!
ALLEG NC DOT-SPARTA MAINT. FACILITY 11315 SPARTA C
ALLEG ROYAL'S GROCERY 6236 ROARING GAP E
ALLEG SPURLIN TEXACO & GROCERY 3287 ENNICE A
ALLEG USDI/NPS-CUMBERLAND KNOB 11886 EDMONDS B
ANSON ALLTEL CAROLINA, INC. 8921 PEACHLAND E
ANSON AT & T RADIO RELAY STATION 9716 MCFARLAND E
ANSON DENNIS' FOOD MART 3698 BURNSVILLE E
ANSON GEORGIA-PACIFIC CORP. 5973 LILESVILLE E
ANSON JACK'S TEXACO #2 15510 WADESBORO D
ANSON SWEETIE'S 11109 ANSONVILLE E
ANSON WADESBORO TEXACO 4074 WADESBORO E
1:9 NORTH CAROLINA REGISTER August 1, 1996 594
IN ADDITION
ASHE 221 GROCERY 12914 WEST JEFFERSON B
ASHE BC GROCERY 15044 WEST JEFFERSON B
ASHE CLIFTON GROCERY 5856 CLIFTON A
ASHE COY HAM'S STORE 11887 APPLE GROVE B
ASHE DONNELLY'S STORE 13713 ZIONVILLE B
ASHE FIRST CITIZENS BANK & TRUST 10401 WEST JEFFERSON B
ASHE FLEETWOOD FALLS 7192 FLEETWOOD B
ASHE JACK & DEAN'S COMM. CORNER MKT 13684 FLEETWOOD B
ASHE LANSING GARAGE 6881 LANSING E
ASHE NC DOT-NC 88 W. JEFFERSON 8941 WEST JEFFERSON B
ASHE ONE SIXTY THREE SERV. & GROC. 3320 WEST JEFFERSON B
ASHE PIEDMONT CONCRETE CO. 11155 W. JEFFERSON D
ASHE R & L GROCERY 13763 LANSING B
ASHE SUPER MUFFLER 13759 WEST JEFFERSON D
ASHE THOMASVILLE FURNITURE 13758 W. JEFFERSON E
ASHE UNITED CHEMI-CON MFG.. INC. 15253 LANSING B
ASHE US POSTAL SERVICE-W.JEFFERSON 13367 W. JEFFERSON E
ASHE USDI-NAT.PK.SERV.-RANGE MAINT. 13764 ASHEVILLE C
ASHE W.J. EXXON 13016 JEFFERSON B
AVERY BEECH HAVEN RESTAURANT 13059 BANNER ELK E
AVERY FRANK PERRY PROPERTY 13177 BANNER ELK E
AVERY GUY'S GROCERY 11559 SUGAR GROVE B
AVERY LAUREL COUNTRY STORE 3612 PJNEOLA B
AVERY MID-STATE OIL CO.-GRAGG SUNOCO 9907 NEWLAND B
AVERY RAINBOW PANTRY NO. 5 3856 NEWLAND B
AVERY SCOTCHMAN TEXACO 3242 NEWLAND B
AVERY SOUTHERN BELL TELEPHONE CO. 3289 ALTAMONT B
AVERY SUNRISE MARKET 9759 ELK PARK E
AVERY TOWN OF BEECH MOUNTAIN 13060 BEECH MTN. E
AVERY UNDERWOOD & WELD 9269 NEWLAND E
AVERY UNION 76 STATION ELK HILLS SUB 3122 BANNER ELK B
BEAUF 5TH ST. SHELL 10777 WASHINGTON E
BEAUF ANDREW BLAKE RESIDENCE 14930 WASHINGTON A
BEAUF AXON SMITH-RIVER FOREST MANOR 14377 BELHAVEN B
BEAUF BEAUFORT CO. LANDFILL 15320 BATH C
BEAUF BEAUFORT CO. MAINT. DEFT. 15629 WASHINGTON C
BEAUF BRANTLEY SERVICE STATION 14191 AURORA c
BEAUF CHARLES T. ASBY RESIDENCE 15476 WASHINGTON A
595 NORTH CAROLINA REGISTER August 1, 1996 11:9
IN ADDITION
BEAUF COOPERATIVE SAVINGS & LOAN 10161 BELHAVEN E
BEAUF COUNTRY CORNER STORE 12819 BELHAVEN B
BEAUF E. B. VOLIVA PROPERTY 8260 BELHAVEN C
BEAUF ESTES EXPRESS LINES 9238 WASHINGTON E
BEAUF FAST FARE #509 6728 WASHINGTON E
BEAUF FURBEE BROTHERS FACILITY 9913 PANTEGO B
BEAUF GOOSE CREEK STATE PARK 13238 WASHINGTON E
BEAUF GREGORY POOLE EQUIPMENT CO. 9750 WASHINGTON D
BEAUF HACKNEY INDUSTRIES 5768 WASHINGTON E
BEAUF HANDY MART #16 3540 CHOCOWINITY E
BEAUF HARDING'S SHOPPING BAG 10439 WASHINGTON B
BEAUF HOLIDAY INN 5774 WASHINGTON C
BEAUF JOE DAVID MILLS PROPERTY 5226 WASHINGTON C
BEAUF JOHN SAMLL EXXON 6255 WASHINGTON E
BEAUF JUNIORS STATION-MIKES TEXACO 5773 BELHAVEN E
BEAUF LEE CHEVROLET, INC. 14193 WASHINGTON E
BEAUF MARGARET GREEN RESIDENCE BOYD 3431 EDWARD E
BEAUF MCLELLAN STORES CO.-WASHINGTON 11937 WASHINGTON E
BEAUF MOSS ESTATE-NCNB 6672 WASHINGTON E
BEAUF NC NATIONAL GUARD OMS #21 13985 WASHINGTON C
BEAUF NCDOT BEAUFORT CO. MAINT YARD 13988 WASHINGTON E
BEAUF OLD HIGHWAY PATROL STATION 6104 WASHINGTON D
BEAUF OLD PARK BOAT CO. 6217 WASHINGTON C
BEAUF PAMLICO GROCERY AND MARINA 12701 BELHAVEN D
BEAUF PINKHAM'S EXXON SERV. STATION 7575 WASHINGTON B
BEAUF PUNGO FOOD MART 12827 BELHAVEN B
BEAUF RED APPLE MARKET #3
1
13670 BELHAVEN E
BEAUF RED APPLE MARKET #57 12703 BELHAVEN E
BEAUF ROYSTER CO.-WASH. FACILITY 7141 WASHINGTON B
BEAUF SELBY STORE 11406 BELHAVEN E
BEAUF SOUTHERN BANK & TRUST CO. 14190 BELHAVEN C
BEAUF TEXASGULF INC. 5155 AURORA B
BEAUF THE QUARTER DECK 12570 BATH D
BEAUF TOWN OF BELHAVEN-OLD GENR. PLT 6796 BELHAVEN B
BEAUF VANN LATHAM RESIDENCE 14576 BELHAVEN A
BEAUF VOICE OF AMERICA, SITE A 14973 GREENVILLE B
BEAUF WADE WATERS SITE-FIVE POINTS 6215 PINETOWN C
BEAUF WADE WATERS/BUCK'S AMOCO 6729 BATH C
NORTH CAROLINA REGISTER August 1, 1996 596
IN ADDITION
BEAUF WARREN FIELD AIRPORT COMM. 6103 WASHINGTON E
BEAUF WASHINGTON FIRE DEPARTMENT 6701 WASHINGTON E
BEAUF WASHINGTON HOUSING AUTHORITY 5991 WASHINGTON C
BEAUF WASHINGTON TOYOTA 14494 WASHINGTON E
BEAUF WITN-TV STUDIO 6817 CHOCOWINITY E
BERTI BAMBIE BREAD STORE 13278 WINDSOR A
BERTI BAZEMORE GROCERY-MT.OLIVE RD. 10440 AHOSKIE B
BERTI BEASLEY OIL CO. 5692 COLERAIN B
BERTI BERTIE COUNTY LANDFILL 13666 AULANDER E
BERTI BERTIE COUNTY SCHOOLS 13242 WINDSOR E
BERTI BRYANT BROTHERS, INC. 10795 ROXOBEL E
BERTI CAR QUEST 6218 WINDSOR E
BERTI CARDINAL CHEMICALS, INC. 10742 WINDSOR E
BERTI CARTERS 76 12343 WINDSOR B
BERTI CASHIE MINI MART 7615 WINDSOR E
BERTI COCA COLA PLANT-KELFORD 8480 KELFORD E
BERTI COLERAIN EXXON 13423 COLERAIN B
BERTI COLERAIN TIRE CO. 10671 COLERAIN B
BERTI COULBOURN LUMBER CO. 9132 WINDSOR B
BERTI DIV.OF FOREST RES-BERTIE CO 12063 WINDSOR B
BERTI DOT FACILITY-WINDSOR 6960 WINDSOR E
BERTI EASTERN FUELS INC-WINDSOR 10473 WINDSOR E
BERTI ELM GROVE GROCERY 9421 COLERAIN B
BERTI FRANCIS MILL STORE 11731 WINDSOR B
BERTI GRANNY'S GRILL 11085 WINDSOR B
BERTI H.C. MEYERS STORE 13280 HEXLENA A
BERTI HUGHES' GENERAL MERCHANDISE 9340 MIDWAY B
BERTI JACOCK'S BLDG.SUPPLY-SPRUILL 9012 WINDSORS E
BERTI JAMES E. HOGGARD GROCERY 11891 WINDSOR B
BERTI JERNIGAN OIL-R PARKER PROPERTY 6251 CONNARITSA A
BERTI JONES TEXACO STATION 3377 POWELLSVILLE C
BERTI KELFORD SERVICE CENTER 13274 KELFORD A
BERTI L.C. COOPER STORE - HWY 13-17 10889 WINDSOR E
BERTI L.L. PARKER GROCERY 5730 COLERAIN B
BERTI LEA LUMBER & PLYWOOD FACILITY 15010 WINDSOR B
BERTI LEE'S GROCERY 10039 WINDSOR B
BERTI LEGGETTS GROCERY-MOBIL 12111 WINDSOR B
BERTI MIDWAY MOTOR SALES 12418 MIDWAY B
597 NORTH CAROLINA REGISTER August 1, 1996 11:9
IN ADDITION
BERTI MINTON STORE TEXACO 11194 ROXOBEL B
BERTI PERDUE FARMS LEWISTON-BOILERS 6786 LEWISTON E
BERTI PERDUE FARMS LEWISTON-USTS 6784 LEWISTON B
BERTI PERRY'S GROCERY 11916 TRAP B
BERTI PERRYTOWN SERVICE CENTER 13261 COLERAIN B
BERTI PHILLIP WHITE GROCERY 13019 ASKEWVILLE C
BERTI QUEEN ST. SELF SERVICE 13417 WINDSOR E
BERTI QUDC SNAK #2 11647 WINDSOR B
BERTI R & W CHEVROLET CO. 9887 WINDSOR E
BERTI R.D. HARRELL'S STORE 12969 POWELLSVILLE A
BERTI RED APPLE #16 7172 WINDSOR B
BERTI RED APPLE #34-EASTERN FUELS 8845 AHOSKJE B
BERTI RED APPLE MARKET #43 11051 AULANDER E
BERTI RED APPLE MARKET #44 11116 LEWISTON B
BERTI RED APPLE MARKET #6 12825 LEWISTON E
BERTI RED APPLE MARKET #60 13276 WINDSOR B
BERTI RED APPLE MART #49-EASTN.FUELS 10883 WINDSOR E
BERTI RED APPLE-EASTERN FUELS HWY 13 8846 AHOSKIE C
BERTI RJ REYNOLDS - AVOCA 8907 MERRY HILL E
BERTI ROBERSON TEXACO 13277 WINDSOR E
BERTI ROXOBEL TEXACO 13595 ROXOBEL A
BERTI SARA CARTER GROCERY 14929 WINDSOR B
BERTI SHIP YARD LANDING 11643 WINDSOR C
BERTI SPRUILL OIL CO.-E.CHERRY STORE 9016 WINDSOR C
BERTI TAYLOR'S STORE 13126 POWELLSVILLE D
BERTI TODD'S SERVICE CENTER 11963 MIDWAY B
BERTI TRAP H. E. DAVIDSON 3174 COLERAIN B
BERTI TURNER GROCERY 11917 COLERAIN B
BERTI WHITE'S CROSS GROCERY 12073 COLERAIN B
BERTI WOODVILLE SUPPLY INC. 11331 WOODVILLE E
BLADE ABANDONED SERV. STA.-HWY 87N 7552 DUBLIN E
BLADE BLADEN COUNTY SCHOOL GARAGE 9235 ELIZABETHTOWN E
BLADE BLANK'S GROCERY 13217 EAST ARCADIA D
BLADE JOHNSON 76 12814 ELIZABETHTOWN C
BLADE JOLLY'S 76 15445 BLADENBORO E
BLADE KINGS BLUFF PUMPING STATION 6001 EAST ARCADIA E
BLADE RICHARDSON AND SONS ATEX 15740 TARHEEL B
BLADE SUNDO-BLADENBORO 10697 BLADENBORO E
1:9 NORTH CAROLINA REGISTER August 1, 1996 598
IN ADDITION
BLADE WACHOVIA PROPERTY 7531 ELIZABETHTOWN E
BLADE WARD'S EXXON 13245 CLARKTON D
BRUNS ACME CONVENIENT MART 14888 GRISSELTOWN B
BRUNS ALICE E. STANALAND PROPERTY 5672 THOMASBORO CROSSRDS. E
BRUNS ATLANTIC TELEPHONE-CENTRAL OFF 10073 SHALLOTTE E
BRUNS ATLANTIC TELEPHONE-HEADQUATERS 10074 SHALLOTTE E
BRUNS BEACH PANTRY 14014 LONG BEACH E
BRUNS BELVILLE ABC STORE 3656 BELVILLE D
BRUNS BELVILLE MAIN ST. 7737 BELVILLE E
BRUNS BRUNSWICK CO. AIRPORT 11479 SOUTHPORT E
BRUNS BRUNSWICK CO. BUS GARAGE 15369 BOLIVIA E
BRUNS CONNIE'S MOBILE HOME PARK 3160 LELAND B
BRUNS CP&L RADWASTE EFFLUENT LINE 14219 SOUTHPORT E
BRUNS DOSHER MEMORIAL HOSPITAL 7132 SOUTHPORT E
BRUNS EARL FRINK PROPERTY 5667 GRISSETTOWN E
BRUNS EMMA N. PIERCE PROPERTY 5671 THOMASBORO CROSSRDS. E
BRUNS EXXON PIPELINE 9484 BELVILLE B
BRUNS GLENN H. PARKER PROPERTY 5675 GRJSSETTOWN E
BRUNS GO GAS #5 10144 LELAND B
BRUNS GREGORY POOLE TANK FARM 10027 LELAND B
BRUNS HAN DEE HUGO #9 14343 SHALLOTTE E
BRUNS HAN-DEE HUGO'S 3446 SHALLOTTE B
BRUNS IDEATH M. ROWE RESIDENCE 3573 ASH B
BRUNS IRENE G. CLIFTON PROPERTY 5674 GRISSETTOWN E
BRUNS rVORY BEST RESIDENCE 3602 ASH A
BRUNS JIFFY BAIT AND TACKLE 11893 LONG BEACH E
BRUNS JOSEPH S. PARKER PROPERTY 5670 GRISSETTOWN E
BRUNS JOYCE'S CURB MARKET 5644 LONG BEACH E
BRUNS KARLENE HALL RESIDENCE 3394 LELAND B
BRUNS LEE'S PETROLEUM & AUTO. SERV. 7189 LELAND B
BRUNS LELAND SANITARY DIST. 5241 LELAND E
BRUNS LELAND TRAVELERS STATION 5875 LELAND B
BRUNS LUCY GRANT RESIDENCE 3623 SUPPLY A
BRUNS MILL CREEK FARM SUPPLY 10706 WINNABOW B
BRUNS NC DIV. OF FOREST RESOURCES 11687 BOLIVIA D
BRUNS NORTH CAROLINA EQUIP. CO. 6322 LELAND D
BRUNS OCEAN ISLE AIRPORT 7738 OCEAN ISLE B
BRUNS OCEAN ISLE PLAZA 11967 OCEAN ISLE BEACH E
599 NORTH CAROLINA REGISTER August 1, 1996 11:9
IN ADDITION
BRUNS SCOTCHMAN STORE #1 15 3380 LELAND D
BRUNS SHALLOTTE POINT GROCERIES 3029 SHALLOTTE POINT A
BRUNS SPEEDWAY-STARVIN MARVIN #242 12717 SHALLOTTE B
BRUNS USCG STATION OAK ISLAND 6058 OAK ISLAND E
BRUNS W. J. SMITH PROPERTY 5673 THOMASBORO CROSSRDS. E
BRUNS WOODY'S COUNTRY CONV. STORE 11009 SHALLOTE E
BUNCO AIRPORT EXXON #4-5173 7203 FLETCHER B
BUNCO ALLEN HELMICK PROPERTY 7187 FAIRVIEW B
BUNCO AMOCO STATION #6191 3752 ASHEVILLE E
BUNCO AMOCO STATION #6218 7272 ASHEVILLE B
BUNCO AMOCO STATION #837 7278 ASHEVILLE B
BUNCO ANDREX INDUSTRIES 6586 ASHEVILLE B
BUNCO ANNEX BUILDING PARKING LOT 7977 ASHEVILLE E
BUNCO ASHEVILLE SCHOOL 5339 ASHEVILLE B
BUNCO ASHEVILLE SCHOOL-#2 FUEL OIL 5533 ASHEVILLE B
BUNCO ASHEVILLE TRANSIT AUTHORITY 10964 ASHEVILLE E
BUNCO BARTLETT EXXON SERV. STA. 2801 WEAVERVILLE B
BUNCO BEACON MANUFACTURING - UST 13776 SWANNANOA E
BUNCO BILL HAWKINS RESIDENCE 6762 ALEXANDER D
BUNCO BILTMORE AMOCO 4088 ASHEVILLE B
BUNCO BILTMORE DAIRY 5648 ASHEVILLE E
BUNCO BILTMORE FOOD MART 13219 ASHEVILLE E
BUNCO BILTMORE FOREST COUNTRY CLUB 10396 ASHEVILLE E
BUNCO BILTMORE SCHOOL SITE (PORMER) 9932 ASHEVILLE E
BUNCO BLACK MOUNTAIN CENTER 13775 BLACK MOUNTAIN E
BUNCO BOSSARD RESIDENCE 14580 ASHEVILLE E
BUNCO CEDAR CLIFF TEXACO 5685 FAIRVIEW B
BUNCO CHARLOTTE STREET EXXON #4-6771 10248 ASHEVILLE E
BUNCO CINDY & FREDERIC HUBER RESD. 7205 WEAVERVILLE E
BUNCO COBLE DAIRY PRODUCTS, INC 5909 CANDLER E
BUNCO COMMUNrTY CASH AND CARRY 12916 BARNARDSVILLE B
BUNCO COUNTRY FOOD STORE #2 3245 ASHEVILLE E
BUNCO COUNTRY FOOD STORE #5 5622 BLACK MTN. B
BUNCO CRAGGY PRISON LAUNDRY 5741 ASHEVILLE B
BUNCO D & D GROCERY-FAC. #0-00500 7521 WEAVERVILLE B
BUNCO DALLAS FOOD MART 14341 CANDLER B
BUNCO DANNY A. BOONE'S #1 13460 ARDEN B
BUNCO DOT-FORMER KENNETH LUTHER PROP 14998 ARDEN E
NORTH CAROLINA REGISTER August 1, 1996 600
IN ADDITION
BUNCO DOT-PARCEL 3 6496 ASHEVILLE E
BUNCO EASTSIDE CONVENIENCE 13061 BLACK MTN. E
BUNCO EDDIE JOHNSON'S TEXACO 15052 ASHEVILLE E
BUNCO EDGEWOOD RD. BIBLE CHURCH 5783 ASHEVILLE E
BUNCO EXXON #4-5348 10386 ASHEVILLE E
BUNCO EXXON #4-7212 11340 ASHEVILLE E
BUNCO FAIRVIEW 66 3450 FAIRVIEW B
BUNCO FAST FARE #657 6788 CANDLER E
BUNCO FAST FARE #662 12268 ARDEN E
BUNCO FRED MOODY RESIDENCE 13746 SWANNANOA E
BUNCO GEORGETOWN FOOD MART 7711 ASHEVILLE A
BUNCO GIANT FOOD STORE PROPERTY 9905 WEAVERVILLE B
BUNCO GILES RESIDENCE 13777 ASHEVILLE E
BUNCO GOSSETT'S STORE 5566 LEISCESTER B
BUNCO GREEN'S GROCERY 5251 CANDL