02 NCAC 59H .0102          DEFINITIONS FOR SUBCHAPTER 59H

The following terms used in this Subchapter have the following meanings:

(1)           "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." 

(2)           "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.

(3)           "Best Management Practice (BMP)" means a practice used to reduce nonpoint source inputs to receiving waters, including both structural or nonstructural management practices.  

(4)           "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 property.

(5)           "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.

(6)           "Cost Share Incentive (CSI)" means a predetermined fixed payment paid to an applicant for implementing a nonstructural management BMP in lieu of cost share on a structural practice.

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

(8)           "Detailed Implementation Plan" means the plan approved by the Commission that specifies the guidelines for the current program year including:

(a)           annual program goals;

(b)           district, statewide, and regional allocations;

(c)           BMPs that will be eligible for cost sharing; and

(d)           the minimum life expectancy of those practices.

(9)           "District Allocation Pool" means the annual share of the state's appropriation to participating districts.

(10)         "District BMP" means a BMP designated by a district to reduce the delivery of NPS pollution and is approved by the Division as technically adequate prior to funding.

(11)         "Division" means the Division of Soil and Water Conservation.

(12)         "Encumbered Funds" means monies from a district's allocation that 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 may include 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.  Any governmental or quasi‑governmental agency, such as a drainage district or a soil and water conservation district, exercising similar powers for similar purposes, can be a landowner for the purposes of this Subchapter if the governmental agency holds an easement in land.

(16)         "Nonpoint Source (NPS) Pollution" means pollution originating from a diffuse source.

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

(18)         "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.

(19)         "Regional Allocation Pool" means the annual share of the state's appropriation allocated for applications ranked in the Division's three regions as specified in the annual Detailed Implementation Plan.

(20)         "Statewide Allocation Pool" means the annual share of the state's appropriation allocated for applications ranked at the state level as specified in the annual Detailed Implementation Plan.

(21)         "Strategy Plan" means the annual plan for the Community Conservation Assistance 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.

(22)         "Technical Representative" of the district means a person designated by the district to act on its behalf who participates in the planning, design, implementation, and inspection of BMPs. 

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

 

History Note:        Authority G.S. 106-840; 106-860; 139‑4; 139‑8;

Eff. December 1, 2007;

Transferred from 15A NCAC 06I .0102 Eff. May 1, 2012;

Amended Eff. November 1, 2016.