15A NCAC 01T .010 - Aquatic Weeds Fund

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15A NCAC 01T .0100 is proposed for adoption under temporary procedures as follows:
SUBCHAPTER O1T - WATER RESOURCES GRANT PROGRAMS
SECTION .0100 - AQUATIC WEED FUND
15A NCAC O1T .0101 APPLICABILITY
The rules in this Section apply to the Aquatic Weed Fund in G.S. 143-215.73F.
History Note: Authority G.S. 113A-223; 113A-227; 143-21 S. 73F
15A NCAC 01T .0102 DEFINITIONS
For purposes of the rules in this Section,
(1) "Department' means the North Carolina Department of Environmental Quality;
(2) "Division" means the Division of Water Resources, which is within the North Carolina
Department of Environmental Quality; and
(3) "Council' means the North Carolina Aquatic Weed Control Council.
History Note: Authority G.S. 113A-223; 113A-227; 143-21 S. 73F
15A NCAC 01T .0103 PROJECT ELIGIBILITY
An aauatic weed control Droiect DroDosed by a unit of local. state. or federal eovernment: academic institution: Dublic
utility; or other entity may be eligible for grant funds from the Aquatic Weed Fund provided that:
the project targets one or more aquatic weed species included on the Noxious Aquatic Weed List in
15A NCAC 02G .0602;
the cost share requirements of G.S. 143-215.73F(c)(3) are met; and
(33,) the project provides at least one of the following benefits:
(AA,) protects and preserves human health;
protects public safety;
protects the beneficial use of the water(s) of the State;
prevents injury to property; or
EE) prevents injury to beneficial plant and animal life.
History Note: Authority G.S. 113A-223; 113A-227; 143-21 S. 73F
15A NCAC 01T .0104 AQUATIC WEED CONTROL GRANT APPLICATIONS
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1 (a) To request state cost share funding for an eligible aquatic weed control project, an application shall be sent to the
2 Division of Water Resources Aquatic Weeds Control Program, at 1611 Mail Service Center, Raleigh, NC 27699-
3 1611 or electronically to aquaticweeds&ncdenr.gov. The application shall be made on a form provided by the
4 Division, available electronically via the following website: htt2s:Hdeq.nc.gov/about/divisions/water-
5 resources/water-planning/water-supply-nlanning/aquatic-weed-control-program. The application form can also
6 be obtained by emailing a request to aquaticweeds6,�ncdenr. og v; by contacting the Division of Water Resources
7 Aquatic Weeds Control Program, 1611 Mail Service Center, Raleigh, NC, 27699-1611; or by calling 919-707-
8 9000. The application shall include the following_
9 (1) the date of application;
10 Q the name, address and phone number of the applicant;
11 (3) the project name and location;
12 (4) if applicable, the specific waterbody or waterbodies in which the proposed project will occur;
13 (55,) the aquatic weed or weeds to be targeted by the project;
14 (6) acknowledgement that the applicant will fund no less than fifty percent of the project cost and that
15 full obligation for project cost share will be assumed;
16 (7) the anticipated benefit or benefits the project will provide as outlined in Rule .0102(3) of this
17 Section; and
18 (8) a signature b thepplicant.
19 (b) In signing the 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.
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22 History Note: Authority G.S. 113A-223; 113A-227; 143-215.70; 143-215.72; 143-215.73F
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24 15A NCAC 01T .0105 GRANT APPLICATION REVIEW AND APPROVAL
25 (a) To be eligible for funding from the Aquatic Weed Fund, applications shall be received before October 16 of the
26 year to when the project will occur.
27 (b) All applications shall be reviewed by the Council. Following review by the Council, the Council shall provide a
28 list of recommended projects proposed for cost share funding to the Director of the Division, with total funding
29 by the Department for all cost shared projects not to exceed the amount in G.S. 143-215.73F(b)(2).
30 (c) Recommendations from the Council and project selection by the Director of the Division shall be based on the
31 extent to which the project meets the criteria listed in G.S. 143-215.72(b).
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33 History Note: Authority G.S. 113A-223; 113A-227; 143-215.70; 143-215.72; 143-215.73; 143-215.73F
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35 15A NCAC 01T .0106 INSTRUMENT OF AGREEMENT
36 (a) For a project sponsored by a unit of local government, the applicant shall provide a resolution from the local
37 government's governing board and, pursuant to G.S. 143-6-23(b), a copy of their conflict of interest policy
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rior to the Department beginning anv aDDroved cost share Droiect or fund disbursement. The resolution shall
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include:
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(1)
the specific waterbody or location in which the proposed project will occur;
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(2)
the aquatic weeds to be targeted by the project;
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(33)
a statement of assumption for the full obligation for payment of the balance of project costs, to be
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no less than fifty percent of the total cost of the project;
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(4)
a statement of agreement to assist the Department in determining the full scope of the aquatic weed
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control project.
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(5)
when applicable, assurance that the public will have access to the waters that are included in the
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proposed project;
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a statement that the Department will be held harmless from any damages that may result from the
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implementation of the project.
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(77)
when applicable, a statement that the applicant will be responsible for notifying in,g all landowners with
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property adjacent to the waterbody on which the project will be located, providing details of the
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project to those landowners, and for sponsoring any necessM public information meetings and
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outreach; and
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(8)
when applicable, an agreement to notify the public of antemporary water -use restrictions
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associated with the project.
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( For a project
sponsored by an entity that is not a unit of local government, the applicant shall sign a binding written
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agreement with the Department prior to the Department beginning M gpproved cost share project or fund
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disbursement. The cost sharing agreement shall include the items listed in Para rg aph (a) of this Rule.
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History Note:
Authority G.S. 113A-223; 143-215.73; 143-215.73F; 143-6-23
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15A NCAC 01T .0107 NORTH CAROLINA AQUATIC WEED CONTROL COUNCIL
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The Council shall serve as an advisory group for the Division regarding the control, eradication, and regulation of
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noxious weeds.
The Division shall invite each of the following agencies to designate one representative to serve on
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the Council:
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(1)
Department of Agriculture and Consumer Services — Plant Industry Division;
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(2)
Department of Agriculture and Consumer Services — Structural Pest Control & Pesticides Division;
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(3)
Department of Environmental Quality — Division of Coastal Management;
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(4)
Department of Environmental Quality — Division of Marine Fisheries;
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(5)
Department of Environmental Quality — Division of Water Resources — Water Sciences Section;
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C6)
Department of Environmental Quality — Division of Water Resources — Water Planning Section;
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(7)
Department of Natural and Cultural Resources — Division of Parks and Recreation;
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(8)
Department of Natural and Cultural Resources — Natural Heritage Program;
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(9)
Department of Transportation;
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I (HO) North Carolina State University — Crop and Soil Science Department;
2 11 North Carolina State University — North Carolina Agricultural Research Service;
3 12 U.S. Fish and Wildlife Service; and
4 13 Wildlife Resources Commission.
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6 History Note: Authority G.S. 113A-223
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