In order to be eligible for financial assistance from the CMF:

1. (a) All proposed projects shall:

   1. (1) Comply with applicable federal requirements;
   2. (2) Comply with state permitting as specified in Env-Wq 300 or any other applicable state permitting program; and
   3. (3) Propose an achievable water quality target that is expected to reduce the likelihood of or the occurrence of chronic and extended cyanobacteria blooms that the department considers to be a threat to the long term health of waterbodies; and

2. (b) For projects with a department-approved watershed management plan targeting external nutrient loading, the following criteria shall be met:

   1. (1) The project shall have a 20-year life expectancy of the practice from the estimated date of initiation of operation;
   2. (2) The project shall reduce the external nutrient load towards achieving the desired surface water conditions;
   3. (3) The waterbody of interest is listed as an impaired waterbody or an impairment listing is imminent as determined by the department based on the available water quality information on the waterbody;
   4. (4) The project has an emphasis on controlling external nutrient loads, to the extent possible and reasonable, prior to or in conjunction with efforts to reduce internal nutrient loads necessary for achieving the desired surface water conditions;
   5. (5) The project has a commitment to address external and internal nutrient loads that includes the specific projects identified in the watershed management plan required to achieve the surface water conditions; and
   6. (6) The project demonstrates participation and commitments to external nutrient load reductions from stakeholders, landowners, other agencies, organizations, and municipalities; and

3. (c) For projects intended to reduce in-lake sources of nutrients, the following criteria shall be met:

   1. (1) The project shall reduce the internal nutrient load towards achieving the desired surface water conditions;
   2. (2) The project has a watershed management plan that addresses external nutrient loading;
   3. (3) The waterbody of interest is listed as an impaired waterbody or an impairment listing is imminent as determined by the department based on the available water quality information on the waterbody;
   4. (4) The watershed management plan contains an emphasis on controlling external nutrient loads, to the extent possible and reasonable, as determined by the department, prior to, in conjunction with, or within a reasonable timeframe after efforts to reduce internal nutrient loads;
   5. (5) The project minimizes the risk of environmental harm to aquatic plants and animals and will not cause or contribute to additional water quality impairments of the waterbody over the long term; and
   6. (6) In cases where nutrient load reduction is the focus of the proposed project, the estimated in-lake nutrient load is greater than 20% of the total nutrient loading described in the watershed management plan; and
4. (d) The applicant demonstrates that the project is ready to be implemented upon receipt of approved funding.

Source. #13858, INTERIM, eff 1-27-24, EXPIRED: 7-25-24 New. #14078, eff 9-24-24