02 N.C. Admin. Code 59D .0106 - BEST MANAGEMENT PRACTICES ELIGIBLE FOR COST SHARE PAYMENTS

(a) The Commission shall approve a list of BMPs that are acceptable for cost-sharing. The list of BMPs shall be approved annually and published in the DIP. The Commission may consider requests for additional BMPs at any time. The Commission shall consider the following criteria in approving BMPs:

(1) all eligible BMPs shall be designed to meet the purpose of the program or shall be authorized by statute;

(2) information establishing the average cost of the specified BMP shall be used, if available. District BMPs may use actual costs as indicated by receipts, if average costs are not available; and

(3) eligible BMPs shall follow technical specifications as set forth in Paragraph (b) of this Rule.

(b) BMP definitions and specifications shall be determined by the Commission or by the Division for District BMPs. For a contract to be eligible for payment, all cost-shared BMPs shall meet or exceed the specifications in effect at the time the contract was approved. Provisions for exceeding BMP design specifications by an applicant may be considered at the time of application with the district. The applicant shall assume responsibility for all costs associated with exceeding BMP design specifications.

(c) The Division has authority to approve District BMPs for evaluation purposes. The BMP shall be requested by a district and meet the program purpose. The Division shall determine it to be technically adequate prior to approving the agreement for funding.

(d) The minimum required maintenance of the BMPs shall be listed in the Detailed Implementation Plan or be established by the Division for District BMPs.

Notes

02 N.C. Admin. Code 59D .0106

Authority G.S. 106-840; 106-850;106-860; 139-4; 139-8; 139-60;
Eff. May 1, 1987;
Amended Eff. July 1, 1992;
Recodified from 15A NCAC 06E .0006 Eff. December 20, 1996;
Amended Eff. August 1, 2005; November 1, 1997;
Transferred from 15A NCAC 06E .0106 Eff. May 1, 2012;
Readopted Eff. January 1, 2020.

Authority G.S. 106-840; 106-850; 139-4; 139-8;
Eff. May 1, 1987;
Amended Eff. July 1, 1992;
Recodified from 15A NCAC 06E .0006 Eff. December 20, 1996;
Amended Eff. August 1, 2005; November 1, 1997;
Transferred from 15A NCAC 06E .0106 Eff. May 1, 2012. Readopted by North Carolina Register Volume 33, Issue 23, June 3, 2019 effective 1/1/2020.