02 NCAC 59H .0103 ALLOCATION GUIDELINES AND PROCEDURES

(a) The Commission shall consider the total amount of funding available for allocation, relative needs of the program for BMP implementation, local technical assistance, and education to determine the proportion of available funds to be allocated for each eligible purpose. This determination shall be done prior to allocating funds to statewide, regional, and district allocation pools and the Division. Funds may be allocated for any or all of the following purposes:

(1) cost share and cost share incentive payments;

(2) technical and administrative assistance; and

(3) statewide or local education and outreach activities.

The percentage of funding available for each purpose and each allocation pool shall be specified in the annual Detailed Implementation Plan based upon the recommendation of the Division and the needs expressed by the districts.

(b) District Allocations: The Commission shall allocate cost share funds from the district allocation pool to the districts. To receive fund allocations, each district shall submit a strategy plan to the Commission at the beginning of each program year.

(c) Funds for cost share and cost share incentive payments shall be allocated to the districts at the beginning of the fiscal year and whenever the Commission determines that funds are available in the district allocation pool to justify a reallocation. Districts shall be allocated monies based on the identified level of nonpoint source pollution problems and the respective district's BMP installation goals as demonstrated in the district annual strategy plan. The allocation method used for disbursement of funds shall be based upon the score of each respective district for those parameters approved by the Commission pursuant to Subparagraph (7) of this Paragraph. The points each district scores on each parameter shall be totaled and proportioned to the total dollars available for district allocation under the current program year funding according to the following formula:

(1) Sum of Parameter Points = Total Points

(2) Percentage Total x Total Dollars = Dollars Available

Points Each District Available to Each District

(3) 95 percent of the program funding designated for district allocations shall be allocated to the district accounts in the initial allocation. The Division shall retain five percent of the total funding in a contingency fund to respond to an emergency or natural disaster.

(4) The Commission may recall funds allocated to a district that have not been encumbered to an agreement if it determines the recalled funds are needed to respond to an emergency or natural disaster.

(5) At any time a district may submit a revised strategy plan and apply to the Commission for additional funds.

(6) CPOs that encumber funds under the current year must be submitted to the Division by 5:00 p.m. on the first Wednesday in June.

(7) Districts shall be allocated funds based on their respective data for each of the following parameters:

(A) Relative rank of the percentage of the county draining to waters identified as impaired or impacted on the most recent Integrated Report produced by the North Carolina Division of Water Resources. This report is incorporated with subsequent amendments and editions, and may be accessed at no charge at http://ncdenr.maps.arcgis.com/apps/webappviewer/index.html (20 percent).

(B) Relative rank of the percentage of the county draining to waters classified as Outstanding Resource Waters, High Quality Waters and Trout Waters or on the current schedule of Water Quality Standards and Classifications, and shellfish growing areas (open) as determined by the Division of Marine Fisheries. The classifications are incorporated with subsequent amendments and editions, and may be accessed at no charge at http://ncdenr.maps.arcgis.com/apps/webappviewer/index.html. The shellfish harvesting areas may be accessed at http://portal.ncdenr.org/web/mf/shellfish-closure-maps. (20 percent)

(C) The percentage of each county covered by Phase I and Phase II requirements. (20 percent)

(D) Relative rank of population density for the county. (20 percent)

(E) Relative rank of the percentage of a county's land area that is located within drinking water assessment areas, as delineated by the Public Water Supply Section of the Division of Water Resources. The Public Water Supply assessment areas are incorporated with subsequent amendments and editions, and may be accessed at no charge at http://deq.nc.gov/about/divisions/water-resources/drinking-water/drinking-water-protection-program/mapping-applications. (20 percent)

(F) The Commission may consider additional factors, such as data sources changes to the Subparagraphs in this Paragraph, as recommended by the Division of Soil and Water Conservation when making its allocations.

(d) Statewide and Regional Allocations: The Commission shall allocate cost share funds from the statewide and regional allocation pools. To receive fund allocations, each district designated eligible by the Commission shall submit applications to respective pools when solicited by the Division. The Division shall rank each application and recommend to the Commission for its approval an amount to allocate to each district corresponding to the highest ranking applications.

(e) The funds available for technical and administrative assistance shall be allocated by the Commission based upon the needs as expressed by the district and needs to accelerate the installation of BMPs in the respective district. Each district may use these monies to fund new positions or to accelerate present technical assistance. Districts must provide an itemized budget to the Division in order to qualify for technical assistance funds. N.C. Community Conservation Assistance Program technical assistance funds may be used for technical assistance with the district matching at least 50 percent of the total. Each district allocated funds for technical assistance shall demonstrate to the Commission in the itemized budget that matching funds are available prior to any expenditure of funds. The allocation method used for disbursement of funds shall be based on the score of each respective district for those parameters approved by the Commission pursuant to Subparagraph (4) of this Paragraph. The points each district scores for each parameter shall be totaled and proportioned to the total dollars available under the current program year funding according to the following formula:

(1) Sum of Parameter Points = Total Points

(2) Percentage Total x Total Dollars = Dollars Available

Points Each District Available to Each District

(3) If a district requests less than the dollars available to that district in Subparagraph (2) of this Paragraph, then the excess funds shall be allocated to the districts who did not receive their full requested allocation using the same methodology described in Subparagraph (2) of this Paragraph.

(4) Priority for funding shall be based upon the following parameters:

(A) Whether the position is presently funded by Community Conservation Assistance Program technical assistance funds. (25 percent)

(B) The proportion of Community Conservation Assistance Program funds for cost share and cost share incentive allocated to districts served by this technical assistance request (normalized to 1 to 100 scale by multiplying each district's score by a factor such that the product of the highest score for this parameter is 100). (50 percent)

(C) The amount of additional funds leveraged by grants and other funds committed to districts served by this technical assistance request (normalized to 1 to 100 scale by multiplying each district's score by a factor such that the product of the highest score for this parameter is 100). (25 percent)

(5) Subject to availability of funds and local match, the Commission shall provide support for technical assistance for every district.

(6) District technicians may be jointly funded by more than one district to accelerate the program in each participating district. Each district shall be eligible for cost sharing in the program. Requests for funding (salary, FICA, insurance, etc.) of a shared position must be presented to the Division by all participating districts and the Division shall cost share to the billing district at a 50‑50 rate based on the portion of the FTE provided each respective district. A shared position shall be officially housed in one specific district and cost share for support items (office rent, telephone, etc.) shall be paid to one district only.

(7) Funds, if available, shall be allocated to each participating district to provide for administrative costs under this program. These funds shall be used for clerical assistance and other related program administrative costs and shall be matched with in‑kind funds of an equal amount from the district.

(f) The funds available for the education and outreach purpose shall be allocated by the Commission based upon the needs as expressed by the district and needs to accelerate the installation of BMPs in that respective district. Districts and the Division may use these funds for holding workshops for potential applicants and for developing, duplicating, and distributing outreach materials or signs. Districts shall provide an itemized budget to the Division in order to qualify for education and outreach funds. Education and outreach funds shall be allocated to each district in accordance with the following formula:

(1) Each district shall receive the lesser of one thousand dollars ($1,000) or the result of the following equation:

Total Education and Outreach Dollars Available

x

Total Education and Outreach Dollars Requested by Each District

Total Education and Outreach Dollars Requested by All Districts

=

Education and Outreach Dollars Available to Each District

(2) If more Education and Outreach funds are available for allocation than are requested by districts or the Division, then the excess funds shall be added to the funds to be allocated for cost share and cost share incentive payments.

 

History Note: Authority G.S. 106-840; 106-860; 139‑4; 139‑8;

Eff. January 1, 2008;

Transferred from 15A NCAC 06I .0103 Eff. May 1, 2012;

Amended Eff. November 1, 2016.