02 NCAC 59D .0107. COST SHARE AGREEMENT

(a)  The landowner shall be required to sign the agreement for all practices other than agronomic practices and land application of animal wastes.  An applicant who is not the landowner may submit a long term written lease or other legal document, indicating control over the land in lieu of the landowner's signature, provided the control runs the life of the practice as listed in the respective Program Year's Implementation Plan.  Signature on the agreement constitutes responsibility for BMP maintenance and continuation.

(b)  As a condition for receiving cost share or cost share incentive payments for implementing BMP's, the applicant shall agree to continue and maintain those practices for the minimum life as set forth in the Detailed Implementation Plan, effective the date the BMP's are implemented.

(c)  As a condition for receiving cost share payments, the applicant shall agree to submit a soil test sample for analysis and follow the fertilizer application recommendations as close as reasonably and practically possible.  Soil testing shall be required a minimum of every two years on all cropland affected by cost share payments.  Failure to soil test shall not constitute noncompliance with the cost share agreement.

(d)  As a condition for receiving cost share payments for waste management systems, the applicant shall agree to have the waste material analyzed once every year to determine its nutrient content.  If the waste is land applied, the applicant shall agree to soil test the area of application and to apply the waste as close as reasonably and practically possible to recommended rates.  When waste is land applied, waste analysis and soil testing shall be conducted annually.

(e)  The technical representative of the district shall determine if the practice(s) implemented have been installed according to specifications as defined for the respective program year in the USDA‑Natural Resources Conservation Service Technical Guide, Section IV, Raleigh, North Carolina, according to other specifications approved by the Commission pursuant to 02 NCAC 59G .0103, or according to specifications approved by the Division for district BMP's based on  the criteria established in 02 NCAC 59G .0103(c).  The district shall be responsible for making an annual spot check of five percent of all the cost share agreements to ensure proper maintenance.  Waste management systems shall be included as part of the annual five percent check except for systems on farms without certified waste management plans.  In those cases, the districts shall conduct annual status reviews for five years following implementation.

(f)  If the technical representative of the district determines that a BMP for which program funds were received has been destroyed or has not been properly maintained, the applicant will be notified that the BMP must be repaired or re-implemented within 30 working days.  For vegetative practices, applicants are given one calendar year to re-establish the vegetation.  The district may grant a prescribed extension period if it determines compliance can not be met due to circumstances beyond the applicants control.

(g)  If the practices are not repaired or reimplemented within the specified time, the applicant shall be required to repay to the Division a prorated refund for cost share BMP's as shown in Table 1 and 100 percent of the cost share incentive payments received.

                                                                                                 Table 1

                                                PRORATED REFUND SCHEDULE FOR NONCOMPLIANCE

                                                                            OF COST SHARE PAYMENTS

 

                       Percent Age of Practice Life                                                           Percent Refund

                                                  0                                                                                           100

                                               10                                                                                             95

                                               20                                                                                             89

                                               30                                                                                             82

                                               40                                                                                             74

                                               50                                                                                             65

                                               60                                                                                             55

                                               70                                                                                             44

                                               80                                                                                             31

                                               90                                                                                             17

                                             100                                                                                                0

(h)  An applicant, who has been found in noncompliance and who does not agree to repair or reimplement the cost shared practices, and a District may jointly request the commission to informally mediate the case.  To invoke this method of mediation, both parties must stipulate that the commission mediation is binding.

(i)  An applicant shall have 180 days to make repayment to the Division following the final appeals process.

(j)  The inability to properly maintain cost shared practices or the destruction of such practices through no fault of the applicant shall not be considered as noncompliance with the cost share agreement.

(k)  When land under cost share agreement changes owners the new landowner shall be strongly encouraged by the district to accept the remaining maintenance obligation.  If the new landowner does not accept the maintenance requirements in writing, then the original applicant shall be required to refund 100 percent of all CSI payments and a prorated portion of cost share payments in accordance with Table 1 in Paragraph (g) of this Rule.

 

History Note:        Authority G.S. 106-850; 139-4; 139‑8;

Eff. May 1, 1987;

Amended Eff. July 1, 1992;

Recodified from 15A NCAC 6E .0007 Eff. December 20, 1996;

Amended Eff. June 1, 2008; April 1, 1999; November 1, 1997;

Transferred from 15A NCAC 06E .0107 Eff. May 1, 2012.