North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 59 - SOIL AND WATER CONSERVATION COMMISSION › Subchapter D - AGRICULTURE COST SHARE PROGRAM FOR NONPOINT SOURCE POLLUTION CONTROL › Section .0100 - AGRICULTURE COST SHARE PROGRAM › Section 59D .0109 - COST SHARE AGREEMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The landowner
				  shall be required to sign the agreement for all practices that affect change to
				  the property. The agreement shall include a requirement for the landowner to be
				  responsible for BMP maintenance and continuation.
(b) The technical representative of the
				  district shall determine if the practice(s) implemented have been installed
				  according to practice standards as defined for the respective program year in
				  the USDA- Natural Resources Conservation Service (NRCS) Technical Guide for
				  North Carolina according to other specifications approved by the Commission, or
				  according to standards approved by the Division for district BMPs based on the
				  criteria established in
				  02 NCAC
				  59G .0103(c).
(c) The district shall be responsible for
				  making an annual compliance visit of five percent of all the cost share
				  agreements to ensure proper maintenance. The Commission may specify additional
				  compliance visit requirements for specific BMPs in the Detailed Implementation
				  Plan.
(d) 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 shall be notified that the BMP shall be repaired or re-implemented
				  within 30 business days. For vegetative practices, applicants shall be given
				  one calendar year to re-establish the vegetation. The Division shall grant a
				  one calendar year extension period if it determines compliance cannot be met
				  due to circumstances beyond the. applicant's control, such as
				  weather.
(e) 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 BMPs 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
(f) In the event that a Cost Share Agreement
				  has been found to be noncompliant and the applicant does not agree to correct
				  the non-compliance, the Division shall invoke procedures to achieve resolution
				  to the noncompliance.
(g) When land
				  under cost share agreement changes ownership the new landowner shall be
				  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 (e) of this Rule.
Authority
					 G.S.
					 106-850;
					 139-4;
					 139-8;
Eff. January
					 1, 2020.