**Attachment C**

**[SECOND LETTER]{.underline}**

\<\<insert date\>\>

***[NOTE: REMEMEMBER TO SEND THIS LETTER VIA CERTIFIED MAIL, RETURN
RECEIPT REQUESTED]{.underline}***

\<\<Participant Name\>\>

\<\<Street Address\>\>

\<\<City, State, Zip\>\>

RE: Contract Expiration as of September 30, 2006: Wildlife Habitat
Incentives Program (WHIP), Contract Number: \<\<enter CN\>\>

Dear \<\< Participant Name\>\>:

Your Wildlife Habitat Incentives Program (WHIP) Contract Number
\<\<enter CN\>\> is being terminated both due to your failure to timely
respond to the notice dated \<\<enter date of the previous notice\>\>.
As was previously provided in that notice, the Natural Resources
Conservation Service (NRCS) must terminate all contracts where the
participant has not indicated a willingness to complete the contract
terms and conditions due to expiration of the statutory program
authority.

The NRCS \<\<select one: (is or is not)\>\> requesting a repayment of
the cost-share reimbursements provided you for this contract due to your
breach of the contract terms and conditions in accordance with the
program regulation at 7 CFR 636.11 and further, in accordance with the
terms and conditions of the contract as specified in Section 9 of the
Special Provisions to Form NRCS-LTP-2.

If you feel that this recovery of payments should be reduced due to
either a demonstrated economic or personal hardship, you must submit a
written request to this office for consideration of any reduction. Any
claim of economic or personal hardship must be made in writing, and
supported by sufficient evidence of the condition that prevented your
timely application and completion of this contract.

 

Repayment of the previously paid financial assistance (\$\<\<enter
amount\>\>) must be by personal or cashier's check and made out to the
Natural Resources Conservation Service. Repayments must be submitted to
the following address no later than 30 days from the date that you
receive this notification:

> \<\<Enter Address for Repayment\>\>

NRCS will only provide [limited appeal rights]{.underline} regarding the
actions included in the notice, as follows:

You *[may appeal]{.underline}* for any recovery of previously paid
cost-share financial assistance received for this contract. Further, as
the recovery of any costs previously paid is provided by 7CFR 636.11 and
Section 9 of the Special Provisions, you may only appeal that amount
that is conditioned on you being prevented from fulfilling the terms and
conditions of your contract due to a demonstrated economic or personal
hardship. If you choose to appeal the recovery of financial assistance
payments, you must make this request in writing to any of the following:

You may request appeal to the NRCS State Conservationist at the
following address:

> State Conservationist
>
> USDA Natural Resources Conservation Service
>
> 655 Parfet Street, Room E200C
>
> Lakewood, CO 80215-5517

You may request mediation from:

> Colorado Agricultural Mediation Program\
> 2331 W. 31st Avenue
>
> Denver, CO 80211-3859
>
> phone: (303) 477-0054 or (888) 358-8837\
> fax: (303) 480-9236
>
> [www.ag.state.co.us/ics/FarmProducts/camp](http://www.ag.state.co.us/ics/FarmProducts/camp)

You may request appeal from the National Appeals Division (NAD) at the
following address:

> NAD Western Regional Office
>
> 755 Parfet Street Suite 494\
> Lakewood, Colorado 80215-5506
>
> Phone: 1-800-541-0483 or (303) 236-2862\
> TTY:     1-800-497-0253\
> Fax:       (303) 236-2820

Your appeal rights are effective for 30 days from the date that you
receive this notification.

If you have any questions about this notice, you may contact this office
at the telephone number listed above.

\<\<ENTER NRCS EMPLOYEE NAME\>\>

State Conservationist

cc: ASTC-P