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HomeMy WebLinkAbout15A NCAC 01T .0300 - Coastal Storm Damage Mitigation Fund1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 15A NCAC 01T .0300 is proposed for adoption under temporary procedures as follows: SECTION .0300 - COASTAL STORM DAMAGE MITIGATION FUND 15A NCAC 01T .0301 APPLICABILITY The rules in this Section apply to the Coastal Storm Damage Mitigation Fund in G.S. 143-215.73M. History Note: Authority G.S. 143-215.73M 15A NCAC 01T .0302 DEFINITIONS For purposes of the rules in this Section, (1) "Department" means the North Carolina Department of Environmental Quality and (2) "Division" means the Division of Water Resources, which is within the North Carolina Department of Environmental Quality. History Note: Authority G.S. 143-215.73M 15A NCAC 01T .0303 PROJECT ELIGIBILITY (a) A coastal storm damage mitigation project proposed by a local government may be eligible for grant funds from the Coastal Storm Damage Mitigation Fund provided that: (1) the project is for beach nourishment, artificial dunes, and other projects to mitigate or remediate coastal storm damage to the ocean beaches and dune systems of the State; and (2) the cost share requirements of G.S. 143-215.73M(c) are met. (b) The following are ineligible costs that may not be funded from the Coastal Storm Damage Mitigation Fund: (1) indirect or overhead costs of the local government, such as rent, telephone service, and general administrative support; (2) costs incurred for fines, penalties, legal fees, or litigation costs (including but not limited to litigation of a permit, penalty, enforcement action, or contract dispute); (3) any activities related to a terminal groin and its accompanying beach fill project permitted pursuant to G.S. 113A-115.1; or (4) salaries and other expenses of elected officials, whether incurred for purposes of project direction, execution, or legislation. History Note: Authority G.S. 143-215.73M 15A NCAC 01T .0304 COASTAL STORM DAMAGE MITIGATION FUND APPLICATION 1 of 3 1 (a) To apply for ,grant funds from the Coastal Storm Damage Mitigation Fund, the application shall be on forms 2 provided by the Division and submitted to the Division's Coastal Infrastructure Grant Coordinator. The 3 ,grant coordinator's contact information and the application forms are available at 4 htlps:Hdeq.nc.gov/about/divisions/water-resources/water-resources-grants/water-resources-development-arant- 5 program. 6 (b) The application shall include the following_ 7 (1) primary contact or project manager's name, title, organization, tax ID number (if applicable), 8 email address, mailing address, telephone number; 9 (2) the contact and address to which the Department should sent grant funds and grant/project 10 correspondence; 11 (3) project title, description, scope and location; 12 (4) description of existing conditions and land use within project area; 13 (5) anticipated contract start and end dates; 14 (6) address the criteria in 15A NCAC O 1 T .0305; 15 (7) itemized project budget; 16 (8) project plans and locations maps; 17 (9) official resolution in accordance with 15A NCAC 02G .0104; and 18 (10) the local government's conflict of interest policy. 19 (c) In signingthe he application, the applicant(s) certifies that all information contained therein and in support thereof 20 is accurate and true to the best of their knowledge. 21 22 History Note: Authority G.S. 143-215.73M,• 143C-6-23 23 24 15A NCAC 01T .0305 GRANT APPLICATION REVIEW AND APPROVAL 25 The Division shall review grant applications and may either approve, approve in part, or disapprove applications based 26 on the following criteria: 27 (1) the economic, social, and environmental benefits to be provided by the project; 28 (2) mitigation measures to be implemented to avoid and minimize detrimental environmental impacts 29 (3) expected useful life of the project; 30 (4) the source and availability of other funding sources for the project; and 31 (5) viability and efficiencies of the project, including but not limited to regional planning, beneficial 32 use of clean, beach quality dredged material from navigation channels within the nearshore, beach 33 or inlet shoal system, and readiness to process based on the project phase, permittingstatus, atus, property 34 access, and construction schedule. 35 36 History Note: Authority G.S. 143-215.73M 37 2 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 15A NCAC O1 T .0306 POST FUNDING AWARD (a) If the Division awards a ,grant from the Coastal Storm Damage Mitigation Fund and the local government accepts the grant award, then a grant contract shall be executed prior to any grant funds being dispersed. (b) Any changes to the scope of the project or project budget after submission of a grant application will, at minimum, require written approval by the Division and the Division may require a grant contract amendment. (c) The term of the grant contract may be extended at the discretion of the Division. A request from a grantee to extend the grant contract shall be submitted at least 45 days prior to the grant contract expiration date and shall include: (1) justification for the extension request; (2) summary of the current project status; and (3) anticipated project schedule moving forward. (d) The grantee shall use the funds for only those purposes set forth in G.S. 143-215.73M and shall return unspent grant funds. History Note: Authority G.S. 143-215.73M 3 of 3