In addition to the definitions found in G.S. 143-215.74, the following terms used in this Subchapter have the following meanings:

(1)           Agriculture 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 and livestock, land application of waste materials, and management of forestland incidental to agricultural production.

(2)           Allocation means the annual share of the state's appropriation to participating districts.

(3)           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.

(4)           Average Costs means the calculated cost, determined by averaging actual costs and current cost estimates necessary for best management practice implementation.  Actual costs include labor, supplies, and other direct costs required for physical installation of a practice.

(5)           Best Management Practice (BMP) means a structural or nonstructural management based practice used singularly or in combination to reduce nonpoint source inputs to receiving waters.

(6)           Conservation Plan of Operation (CPO) means a written plan scheduling the applicant's decisions concerning land use, and both cost shared and non‑cost shared BMPs to be installed and maintained on the operating unit.

(7)           Cost Share Agreement means an annual or long term agreement between the applicant and the district which 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.

(8)           Cost Share Incentive (CSI) means a predetermined fixed payment paid to an applicant for implementing a BMP in lieu of cost share.

(9)           Cost Share Rate means a cost share percentage paid to an applicant for implementing BMPs.

(10)         Detailed Implementation Plan means the plan approved by the commission that specifies the guidelines for the current program, year including BMPs that will be eligible for cost sharing and the minimum life expectancy of those practices.

(11)         District BMP means a BMP designated by a district to reduce the delivery of agricultural NPS pollution and which is reviewed and approved by the Division to be technically adequate prior to funding.

(12)         Encumbered Funds means monies from a district's allocation which have been committed to an applicant after initial approval of the cost share agreement.

(13)         Full Time Equivalent (FTE) means 2,080 hours per annum which equals one full time technical position.

(14)         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 but not be limited to labor, fuel, machinery use, and supplies and materials necessary for implementing the approved BMPs.

(15)         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 does not include an estate at will or by sufferance in land.  Furthermore, a governmental or quasi‑governmental agency such as a drainage district or a soil and water conservation district, or any such agency, by whatever name called, exercising similar powers for similar purposes, can be a landowner for the purposes of these Rules if the governmental agency holds an easement in land.

(16)         Program Year means the period from July 1 through June 30 for which funds are allocated to districts.

(17)         Proper Maintenance means that a practice(s) is being maintained such that the practice(s) is successfully performing the function for which it was originally implemented.

(18)         Soil Loss Tolerance (t) means the maximum allowable annual soil erosion rate to maintain the soil resource base, depending on soil type.

(19)         Strategy Plan means the annual plan for the N.C. Agriculture Cost Share Program for Nonpoint Source Pollution Control to be developed by each district.  The plan identifies pollution treatment needs and the level of cost sharing and technical assistance monies required to address those annual needs in the respective district.

(20)         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.  These practices shall be technically reviewed by the Division.  The district chairman shall certify that the technical representative has properly planned, designed and inspected the BMPs.

(21)         Unencumbered Funds means the portion of the allocation to each district which has not been committed for cost sharing.


History Note:        Authority G.S. 106-840; 106-850; 139-3;

Eff. May 1, 1987;

Temporary Amendment Eff. September 23, 1996;

Recodified from 15A NCAC 6E .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.