2022-508-E-DEAPR-North Carolina Department of Agriculture and Consumer Services-Approval of NCADFP grant contract for matached funds in acquisition of conservation easement of Poteat family farm

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Approved 6/2022 7 N.C.G.S. 106-744(c1)(1). Grant contract budgeting and payments shall hold-back 10% on all line items until ADFPTF receives all required reports and documentation. The full ADFPTF easement funding allocated for easement purchase may be submitted at closing, provided the closing attorney holds the 10% in escrow until all recorded documents and reports, including the recorded conservation easement, recorded survey, final title opinion signed by the closing attorney, final title policy, recorded subordination agreement (if applicable), signed HUD statement, and signed baseline documentation report, have been received and approved by NCDA&CS. The final report and all invoices are due within 20 working days (28 calendar days) following the closing and recording date of the conservation easement. If the Grantee fails to provide the final report and required supporting documentation within the required period, the Grantee may not receive reimbursement and shall be considered ineligible for reimbursement. 9. Grantees may request a lowering of the hold-back percentage provided the following criteria have been provided: a. An official request to the Commissioner of Agriculture with reasoning why the 10% hold-back is an undue burden and a proposed revised hold-back percentage. b. The Grantee has no record of infractions or late reports for ADFPTF within the last two years from the revised hold-back percentage request date. c. If an infraction or late report occurs during the grant contract period, the hold- back percentage shall be reinstated at 10% or higher as a corrective measure. 10. If the Grantee has not provided all closing documents and progress/budget reports 60 days before the contract's end date, the Grantee may request a contract extension of the grant to the Farmland Preservation Director. This request must include reasons for not completing the grant and following the timetable of scheduled activities to complete the grant project. This request must provide proper documentation for the hardships that delayed completing the grant project and a revised timeline to complete the conservation easement project. All other required documents, including budget and progress reports, must be current. Eligible hardships include: a. Death of a landowner; b. Severe illness or incapacitation of a landowner; c. The Grantee has applied for federal funding and has not yet received funding notification; d. The Grantee has federal funds under contract and has not yet received approval to release federal funds. All other requests for continuing the conservation easement project shall be determined on a case-by-case basis. If approved, the project may continue beyond the original contract end date. If denied, the Grantee must repay any grant funding from the NCDA&CS ADFPTF. Note: Failure by the Grantee to initiate deliverables on the conservation easement project, Grantee staff shortages or changes, and Grantee time management issues are not acceptable hardships and will result in a breach of the contract, and the Grantee must repay any grant funding received from the NCDA&CS DocuSign Envelope ID: 480AFBD4-654C-48FA-9CB8-F7C8D7E98DB2