15A NCAC 01T .0200 - Shallow Draft Navigation Channel Dredging Fund

1 15A NCAC 01T .0201 is proposed for adoption under temporary procedures as follows:
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3 SUBCHAPTER O1T - WATER RESOURCES GRANT PROGRAMS
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5 SECTION .0200 - SHALLOW DRAFT NAVIGATION CHANNEL DREDGING FUND
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7 15A NCAC O1T .0201 APPLICABILITY
8 (a) The rules in this Section apply to the Shallow Draft Navigation Channel Dredging Fund in G.S. 143-215.73F.
9 (b) The rules in this Section do not apply to projects funded by the Shallow Draft Navigation Channel Dredging Fund
10 that are related to dredging federally authorized channels where the work is performed by the United States Army
l l Corps of Engineers.
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13 History Note: Authority G.S. 143-215.73F
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15 15A NCAC O1T .0202 DEFINITIONS
16 For purposes of the rules in this Section,
17 (1) "Department" means the North Carolina Department of Environmental Quality;
18 (2) "Division" means the Division of Water Resources, which is within the North Carolina
19 Department of Environmental Quality; ; and
20 (3) "Shallow draft navigation channel' has the same meaning as set forth in G.S. 143-215.73F(e).
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22 History Note: Authority G.S. 143-215.73F
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24 15A NCAC O1T .0203 PROJECT ELIGIBILITY
25 (a) A shallow draft navigation channel dredging project proposed by a local government mabe eligible for grant
26 funds from the Shallow Draft Navigation Channel Dredging Fund provided that.
27 (1) the project is designed to keep shallow draft navigation channels located in State waters or waters
28 of the state located within lakes navigable and safe or the project is for siting and acquisition of
29 dredged disposal easement sites associated with the maintenance of the Atlantic Intracoastal
30 Waterway between the border with the state of South Carolina and the border with the
31 Commonwealth of Virginia, under a Memorandum of Agreement between the state and the federal
32 government; and
33 (2) the cost share requirements of G.S. 143-215.73F(c) are met.
34 (b) The following are ineligible costs that may not be reimbursed from the Shallow Draft Navigation Channel
35 Dredging Fund:
36 (1) dredging underneath or immediately adjacent to privately owned ship berths, piers, docks, or similar
37 facilities or businesses;
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(2) costs incurred for fines, penalties, legal fees, or litigation costs (including but not limited to litigation
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of a permit, penalty, enforcement action, or contract dispute),
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(3)
costs incurred outside of the term of the grant contract between the Department and the local
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government;
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(4)
purchase of equipment (including but not limited to barges and excavators);
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(5)
indirect or overhead costs of the municipality, such as rent, telephone service, and general
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administrative support; or
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(6)
salaries and other expenses of elected officials, whether incurred for purposes of project direction,
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execution, or legislation.
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History Note:
Authority G.S. 143-215.73F
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15A NCAC 01T
.0204 GRANT APPLICATIONS FOR THE SHALLOW DRAFT NAVIGATION
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CHANNEL DREDGING FUND
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(a) To apply
for grant funds from the Shallow Draft Navigation Channel Dredging Fund, the application shall be on
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forms provided by the Division and submitted to the Division's Coastal Infrastructure Grant Coordinator. The
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grant coordinator's contact information and the application forms are available at
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https:Hdeq.nc.gov/about/divisions/water-resources/water-resources-grants/water-resources-development-.rg
ant-
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program. The application shall include the following;
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(1)
the applicant's primary contact or project manager's name, title, organization, tax ID number (if
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applicable), email address, mailing address, telephone number;
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(2)
the contact and address to which the Department should send grant reimbursements and
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_rg ant/project correspondence;
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(3)
project title, description, scope and location,
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(4)
description of existing conditions and land use within the project area;
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(5)
anticipated contract start and end dates;
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(6)
address the criteria in 15A NCAC 01T .0205;
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(7)
description of the location and method of dredge spoil disposal;
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(8)
itemized project budget;
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(9)
project plans and location maps;
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(10)
official resolution in accordance with 15A NCAC 02G .0104; and
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(11)
the local government's conflict of interest policy.
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(b) In signingthe
he application, the applicant(s) certifies that all information contained therein and in support thereof
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is accurate and true to the best of their knowledge.
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History Note:
Authority G.S. 143-215.73F: 143C-6-23
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1 15A NCAC O1 T .0205 GRANT APPLICATION REVIEW AND APPROVAL
2 (a) The Division shall review grant.applications and may either approve, approve in part, or disapprove applications
3 based on the following criteria:
4 (1) the economic, social, and environmental benefits to be provided by the projects;
5 (2) regional benefits of projects to an area greater than the area under the jurisdiction of the local
6 sponsoring entity;
7 (3) the financial resources of the local sponsoring entity;
8 (4) the environmental impact of the project; and
9 (5) any direct benefit to the State-owned lands.
10 (b) Notwithstanding the criteria set forth in this Rule, the Division shall prioritize fundingthose hose projects that improve
l l shallow draft navigation channels that are accessible by and used by the general boating public.
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13 History Note: Authority G.S. 143-215.73F
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15 15A NCAC O1T .0206 POST FUNDING AWARD
16 (a) If the Division awards a grant from the Shallow Draft Navigation Channel Dredging Fund and the local
17 government accepts the grant award, then a grant contract must be executed prior to any grant reimbursements
18 are made.
19 (b) Any changes to the scope of the project or project budget after submission of a grant application will, at minimum,
20 require written approval by the Division and the Division may require a grant contract amendment.
21 (c) The term of the ,grant contract may be extended at the discretion of the Division. A request from a ,grantee to
22 extend the grant contract shall be submitted at least 45 days prior to the grant contract expiration date and shall
23 include:
24 (1) justification for the extension request;
25 (2) summary of the current project status; and
26 (3) anticipated project schedule moving forward.
27 (d) The grantee shall use the funds for onlypurposes set forth in G.S. 143-215.73F and shall return unpent grant
28 funds.
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30 History Note: Authority G.S. 143-215.73F
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