02 NCAC 59D .0103          ALLOCATION GUIDELINES AND PROCEDURES

(a)  The Commission shall allocate the cost share funds to the districts in the designated program areas.  To receive fund allocations, each district designated eligible by the Commission shall submit an annual strategy plan to the Commission at the beginning of each fiscal year.  Funds may be allocated to each district for any or all of the following purposes:  cost share payments, cost share incentive payments, technical assistance, or administrative assistance.  Use of funds for technical and administrative assistance must follow the guidelines set forth in Rule .0106 of this Subchapter.

(b)  Funds shall be allocated to the districts at the beginning of the fiscal year and whenever the Commission determines that sufficient funds are available to justify a reallocation.  Districts shall be allocated monies based on the identified level of agriculture-related nonpoint source pollution problems, the respective district's BMP installation goals as demonstrated in the district annual strategy plan, and the district's record of performance to affect BMP installation by cooperating farmers.  The allocation method used for disbursement of funds is based on the relative position of each respective district for those parameters approved by the Commission pursuant to Paragraph (g) of this Rule.  Each district is assigned points for each parameter, and the points are totaled and proportioned to the total dollars available under the current program year funding according to the following formula:

(1)           Sum of Parameter Points                   =              Total Points

(2)           Percentage Total                                                  Total                                                      Dollars Available

Points Each                                           x              Dollars                                   =              to

District                                                                   Available                                               Each District

(3)           The minimum allocated to a particular district shall be twenty thousand dollars ($20,000) per program year, unless the district requests less than twenty thousand dollars ($20,000).

(4)           If a district requests less than the dollars available to that district in Subparagraph (b)(2) of this Rule,  then the excess funds beyond those requested by the district shall be allocated to the districts who did not receive their full requested allocation using the same methodology described in Subparagraph (b)(2) of this Rule.

(c)  95 percent of the total program funding shall be allocated to the district accounts in the initial allocation.  The Division shall retain five percent of the total funding in a contingency fund to be used to respond to an emergency or natural disaster.  If the funds are not needed to respond to an emergency, then the contingency fund shall be allocated at the March meeting of the Commission.

(d)  The Commission may recall funds allocated to a district during a fiscal year that have not been encumbered to an agreement at any time if it determines the recalled funds are needed to respond to an emergency or natural disaster.

(e)  At any time a district may submit a revised strategy plan and apply to the Commission for additional funds.

(f)  CPO's that encumber funds under the current year must be submitted to the Division by 5:00 p.m. on the first Wednesday in June.

(g)  Districts shall be allocated funds based on their respective data for each of the following parameters:

(1)           Percentage of total acres of agricultural land in North Carolina that are in the respective district (including cropland, hayland, pasture land, and orchards/vineyards) as reported in the most recent edition of the North Carolina Agricultural Statistics.  The actual percentage shall be normalized to a 1-100 scale. (20%)

(2)           Percentage of total number of animal units in North Carolina that are in the respective district as reported in the most recent edition of the North Carolina Agricultural Statistics and converted to animal units using the conversion factors approved by the USDA-Natural Resources Conservation Service.  The actual percentage shall be normalized to a 1-100 scale. (20%)

(3)           Relative rank of the number of miles of stream identified as less than fully supporting due to agricultural nonpoint source pollution as reported in the state's 303(d) list, 305(b) report, and basin plan. (20%)

(4)           Relative rank of the percentage of the county draining to waters classified as Primary Nursery Areas, Outstanding Resource Waters, High Quality Waters, Trout, Shellfishing, and Critical Water Supply on the current schedule of Water Quality Standards and Classifications. (10%)

(5)           The percentage of cost share funds allocated to a district that are encumbered to contracts in the best three of the most recent four completed program years as reported on the NC Agriculture Cost Share Program Database. (10%)

(6)           Percentage of program funds encumbered to contracts that are actually expended for installed BMPs in the best three of the most recent four-year period for which the allowed time for implementing contracted BMPs has expired as reported on the NC Agriculture Cost Share Program Database. (10%)

(7)           Relative rank of the average erosion rate for agricultural land in the county as reported in the National Resources Inventory, unless the State Conservationist of the Natural Resources Conservation Service specifies that another information source would be more current and accurate. (10%)

 

History Note:        Authority G.S. 106-840; 106-850; 139-4; 139-8;

Eff. May 1, 1987;

Recodified from 15A NCAC 06E .0003 Eff. December 20, 1996;

Amended Eff. April 1, 1997;

Temporary Amendment Eff. May 1, 2001;

Amended Eff. September 1, 2005; August 1, 2002;

Transferred from 15A NCAC 06E .0103 Eff. May 1, 2012.