02 N.C. Admin. Code 59D .0102 - DEFINITIONS
In addition to the definitions found in G.S. 106-850 and 139-3, the following terms used in this Subchapter have the following meanings:
(1) "Agricultural Nonpoint Source (NPS)
Pollution" means pollution originating from a diffuse source as a result of
agricultural activities related to crop production, production and management
of poultry, livestock and aquaculture, land application of waste materials, and
management of forestland incidental to agricultural production.
(2) "Agricultural purposes" means
agricultural activities related to crop production, production and management
of poultry and livestock, land application of waste materials, and management
of forestland incidental to agricultural production.
(3) "Allocation" means the annual share of
the State's appropriation for each program to participating
districts.
(4) "Applicant" means a
person(s) who applies for best management practice cost sharing monies from the
district. An applicant may also be referred to as a "cooperator." All entities
with which the applicant is associated, including those in other counties,
shall be considered the same applicant.
(5) "Average Costs" means the calculated
cost, determined by averaging actual costs and current cost estimates for best
management practice implementation. Actual costs include labor, supplies, and
other costs required for physical installation of a practice.
(6) "Best Management Practice (BMP)" means a
structural or nonstructural management based practice used singularly or in
combination to address natural resource needs.
(a) For the Agriculture Cost Share Program
and the Community Conservation Assistance Program, BMPs shall reduce nonpoint
source inputs to receiving waters.
(b) For the Agricultural Water Resources
Assistance Program, BMPs shall increase the storage, availability, and use
efficiency of water for agricultural purposes.
(7) "Commission" means the Soil and Water
Conservation Commission.
(8)
"Conservation Plan" means a written plan documenting the applicant's decisions
concerning land use, and both cost shared and non-cost shared BMPs to be
installed and maintained on the management unit.
(9) "Cost Share Agreement" means an agreement
between the applicant and the district that defines the BMPs to be cost shared,
rate and amount of payment, minimum practice life, and date of BMP
installation. The agreement shall state that the recipient shall maintain and
repair the practice(s) for the specified minimum life of the practice. The Cost
Share Agreement shall have a maximum contract life of three years for BMP
installation. The district shall perform an annual status review during the
installation period.
(10) "Cost
Share Incentive (CSI)" means a predetermined fixed payment paid to an applicant
for implementing a BMP in lieu of cost share.
(11) "Cost Share Rate" means a cost share
percentage paid to an applicant for implementing BMPs.
(12) "Department" means the North Carolina
Department of Agriculture and Consumer Services.
(13) "Design practice" means an engineering
practice as defined by the Natural Resources Conservation Service (NRCS)
Technical Guide for North Carolina, which is incorporated by reference
including all subsequent amendments and editions, and can be accessed for free
at http://efotg.sc.egov.usda.gov/#/,
or Soil and Water Conservation Commission list of BMPs that are acceptable for
cost sharing. The list of BMPs shall be approved annually by the Commission and
published in the Detailed Implementation Plan.
(14) "Detailed Implementation Plan (DIP)"
means the document published annually, including all Commission guidelines for
each program for the current fiscal year including:
(a) annual program goals;
(b) district and Statewide
allocations;
(c) BMPs that will be
eligible for cost sharing; and
(d)
the minimum life expectancy of those practices.
(15) "District Allocation Pool" means the
annual share of the State's appropriation for each program to be allocated to
participating districts.
(16)
"District BMP" means a BMP requested by a district and approved by the Division
for evaluation purposes.
(17)
"Division" means the Division of Soil and Water Conservation.
(18) "Encumbered Funds" means monies from a
district's allocation that have been obligated by the district to a cost share
agreement.
(19) "In-kind
Contribution" means a contribution by the applicant towards the implementation
of BMPs. In-kind contributions shall be approved by the district and can
include labor, fuel, machinery use, and supplies and materials for implementing
the approved BMPs.
(20) "Fiscal
Year" means the period from July 1 through June 30 for which funds are
allocated to districts.
(21) "Job
Approval Authority" means the authority granted to individuals who are
qualified to plan, design, and verify installation or implementation of
specific practices per practice standards approved by the Natural Resources
Conservation Service or the Commission. This authority is granted by the
Natural Resources Conservation Service or the Commission.
(22) "Landowner" means any natural person or
other legal entity, including a governmental agency, who holds either an estate
of freehold (such as a fee simple absolute or a life estate) or an estate for
years or from year to year in land, but shall not include an estate at will or
by sufferance in land. A governmental or quasi-governmental agency such as a
drainage district or a soil and water conservation district, or any such
agency, exercising similar powers for similar purposes, can be a landowner for
the purposes of the rules of this Subchapter if the governmental agency holds
an easement in land.
(23) "Nonpoint
Source (NPS) Pollution" means pollution originating from a diffuse
source.
(24) "Proper Maintenance"
means that a practice(s) is being maintained such that the practice(s) is
performing the function for which it was originally implemented, as determined
by the technical representative of the district or Division based upon the best
management practice design and standard.
(25) "Regional Allocation Pool" means the
annual share of the State's appropriation for each program allocated for
applications ranked in the Division's three regions as specified in the annual
Detailed Implementation Plan.
(26)
"Statewide Allocation Pool" means the annual share of the State's appropriation
for applications ranked at the State level as specified in the annual Detailed
Implementation Plan.
(27)
"Strategic Plan" means the annual plan for the N.C. Soil and Water Conservation
Commission Cost Share Programs to be developed by each district. The plan
identifies natural resource needs and the level of cost sharing and technical
assistance monies required to address those annual needs in the respective
district.
(28) "Technical
representative of the district" means a person designated by the district to
act on their behalf who participates in the planning, design, implementation
and inspection of BMPs.
(29)
"Unencumbered Funds" means the portion of the allocation to each district that
has not been committed for cost sharing.
Notes
Eff. May 1, 1987;
Temporary Amendment Eff. September 23, 1996;
Recodified from 15A NCAC 06E .0002 Eff. December 20, 1996;
Amended Eff. April 1, 1997;
Temporary Amendment Expired June 13, 1997;
Amended Eff. March 1, 2008; July 1, 2004;
Transferred from 15A NCAC 06E .0102 Eff. May 1, 2012;
Readopted Eff. January 1, 2020.
Eff. May 1, 1987;
Temporary Amendment Eff. September 23, 1996;
Recodified from 15A NCAC 06E .0002 Eff. December 20, 1996;
Amended Eff. April 1, 1997;
Temporary Amendment Expired June 13, 1997;
Amended Eff. March 1, 2008; July 1, 2004;
Transferred from 15A NCAC 06E .0102 Eff. May 1, 2012.
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