CPM NC Guidance for Contract Termination and Cost Recovery with Sample Letters KB

Document Sample
scope of work template
							                              Conservation Programs Manual
                        Environmental Quality Incentives Program
                          N.C. SUPPLEMENT CPM-NC-515-05-33
     SUBJECT: GUIDANCE FOR EQIP CONTRACT VIOLATION/TERMINATION,
      VOLUNTARY TERMINATION and USE OF NEW CONTRACT VIOLATION,
         TERMINATION AND COST RECOVERY TEMPLATE LETTERS;
Contract Violation and NRCS Termination
Recently an evaluation was made of the EQIP template letters and notification procedures used
when contract violation, termination and cost recovery occurs. It was determined that NRCS is
not providing enough written notification to program participants involved in a potential adverse
action to meet the requirements of our EQIP policy or 7 CFR. In order to meet our own
guidelines and help field offices provide better written notification of impending adverse actions,
the State Office Programs staff has updated and supplemented the original template letters.
Included in these updated letters are the latest appeal and mediation rights.
The template letters are attached to this supplement and set up as Word files. They are
intended to be edited as needed by the field office to fit the particular violation and
termination situation. Field office personnel should note that there are several places in the
letters that require the proper citation of 7 CFR. The State Office Programs staff will
provide assistance in assuring the proper citation is obtained for the situation.
The letters are set up to be used as a series. When all the letters in the series are used,
the participant will be considered to have received proper notification, according to 7CFR, in
the case of an appeal. Field office personnel should not skip the use of any letter in the
series. A brief outline of each letter, when and how it should be used is outlined below:
       Letter 1: Contract Violation /Preliminary Technical Determination. It is sent to
        the participant along with the completed Status Review showing the deficiencies
        and corrective actions needed for implementation of the contract. This letter clearly
        states the amount time in which the participant must complete the corrective
        actions.
       Letter 2: Pre-Termination/Preliminary Technical Determination. This letter is
        used if the participant does not take the correct actions requested by the first letter.
        This is the initial contract termination letter.
       Letter 3: Final Termination Letter/Final Technical Determination to be used
        when participant declines to take corrective action. Must wait 30 days from time of
        sending Pre-Termination before issuing Final Termination Letter.
       Letter 4: Cost Recovery after Termination. If NRCS will seek to recover costs
        from the contract then this letter will be used, if not skip to Letter 5.
       Letter 5: Contract Termination with No Cost Recovery and/or Practice
        Repayment. This letter is used when the State Conservationist has determined to
        waive cost recovery. The State Conservationist will use information from the
        attached Cost Recovery Assessment form to determine when a waiver will be
        granted. The Cost Recovery Assessment form should be completed by the District
        Conservationist and forwarded to the Area Office for the signature by the ASTC for
        Field Operations. The ASTC will then forward the Assessment to the ASTC for
        Programs.

Letters 1 through 4 should be sent to the participant by certified mail with a return receipt
requested.

The attached template letters and Cost Recovery Assessment form will be posted on the
EQIP web site for those who wish to obtain an electronic copy of the documents.
                              (CPM-NC-515-05-33, May 16, 2005)                                     1
Voluntary Request for Termination of EQIP Contract
In situations where EQIP program participants voluntarily request termination of their contract, it
must first be determined if cost recovery is required. See below for citation from Section
515.116 of the EQIP manual to determine if cost recovery or practice repayment is required. If
cost recovery or practice repayment is not required, the District Conservationist will notify the
participant in writing. A letter similar to #5 above may be used as an example. The Cost
Recovery Assessment is not required in situations were cost recovery or practice repayment is
not required by Section 515.116.
Section 515.116 of the EQIP Manual dated October 2004 states, by CCC-1200 Appendix year,
when practice repayment and cost recovery is required. District Conservationist should consult
the guidance, found below, to determine if practice repayment or cost recovery is required.

       For contracts that have CCC-1200 Appendix dated 12-31-98 or earlier (pre-2002 Farm
        Bill contracts):
             o  If no practices were implemented and no payment made, there will be no
                refund of payments and no assessment of cost recovery.
             o If practices were implemented and payment made, the refund will be the total of
                funds previously paid plus interest from date of disbursement plus cost recovery.
                Cost recovery shall be calculated by multiplying 25% by the sum of payments
                previously disbursed.
       For contracts which contain the CCC-1200 Appendix dated 7-15-02 or 8-7-02:
           o  If no practices were implemented and no payments made, there will be no
               refund of payments.
           o Neither liquidated damages nor cost recovery apply to these contracts.
           o If practices were implemented and payments made, the refund will be the total of
               funds previously paid plus interest from the date of disbursement.
       For contracts which contain the CCC-1200 Appendix dated 7-03:
           o If no practices were implemented and no payments made, the participant will be
               assessed a cost-recovery payment to offset administrative costs in an amount
               equal to up to 20% of the total financial and technical assistance obligated to the
               participant in the EQIP contract at the time of contract termination.
           o If practices were implemented and payments made, the participant will be
               assessed a cost-recovery payment to offset administrative costs in an amount
               equal to 20% of the total financial and technical assistance obligated to the
               participant in the EQIP contract at the time of contract termination plus the
               amount of payments made plus interest on those payments from the date of
               disbursement.
         = Contract terminations that fit these situations do not need to be sent to the State Office.


When cost recovery is required, the District Conservationist will use the Pre-Cost Recovery after
Termination by Participant #6 template to notify the participant of the action and give appeal
rights. The Pre-Cost Recovery template advises the participant of their right to request a waiver
of the recovery costs. If the participant requests a waiver, the Cost Recovery Assessment form
should be completed and forwarded with the waiver request to the Area Office for signature.
The Area Office staff will forward the waiver request and Cost Recovery Assessment form to the
ASTC for Programs.
If the waiver is granted, the District Conservationist will notify the participant in writing. A letter
similar to #5 above may be used as an example. If the waiver request is denied, the Cost
Recovery after Termination Letter #4 will be used to notify the participant of the decision.


                                  (CPM-NC-515-05-33, May 16, 2005)                                        2
In cases where cost recovery is required and the participant does not request a waiver, the
District Conservationist will notify the participant using the Cost Recovery after Termination By
Participant Letter #7.

Contract Violation/Preliminary Technical Determination Letter#1




                             (CPM-NC-515-05-33, May 16, 2005)                                       3
BY CERTIFIED MAIL – RETURN RECEIPT REQUESTED

                                   Date:
Participant Name
Street Address
City, State Zip Code
                                   Farm Number:          Contract Number:
                                   Program: Environmental Quality Incentives Program


Dear <Participant Name>,

This notification provides you with a Preliminary Technical Determination regarding the
status of your (enter appropriate year) Environmental Quality Incentive Program (EQIP)
contract number (enter contract number). The contract was initiated through your
signature on form CCC-1200 and Appendix to the CCC1200 dated (enter date) for Farm
# ( ) Tract # ( ).

Attached is a completed Contract Status Review dated (enter date) that sets out the
deficiencies found in completing your EQIP contract. As you will recall when you
participated in the contract status review, the deficiencies in implementation of the
contract included the following:

(The following is only an example of how the text should be prepared to enumerate and
describe the deficiencies in participant’s contract implementation. Insert description of
actual situation using this format.):

   1. Contract Item Number 1, Practice Code 329, Minimum Tillage, 360 Acres,
      Field 2 -- The residue levels on this practice were below that required in the
      EQIP conservation plan, and as required to comply with the Highly Erodible
      Land Conservation provisions in accordance with 7 CFR 12.23(b). The
      EQIP conservation plan incorporated as a legal part of your EQIP contract
      requires that “All conservation practices in the EQIP Plan of Operations
      must be carried out in accordance with the applicable NRCS field office
      technical guide.” This is in accordance with the EQIP regulation at 7 CFR
      1466.9(a).
   2. List each deviation from the contract as found during the review.

(give a write up, such as the above provided example, of the problems found, such as a
practice has not been commenced or completed within the first 12 months of the
contract (7 CFR1466.21(c)), or that there has been a violation, such as a practice
destroyed (7CFR 1466.22), etc.. All violations must include the contract item number,
practice code, practice name, amount of practice, field number(s), short factual
description of the violation, citation to the applicable part of the regulations and/or
agency policy. Citation to the EQIP regulations is preferable to citation only to the
agency policy. State Office Program staff will provide support to locate the proper
citations.).

NRCS is providing you with this notification of a contract violation in compliance with the
program regulation and provisions at 7 CFR 1466.26(a)(1). Therefore, this letter serves
                           (CPM-NC-515-05-33, May 16, 2005)                                 4
as your official notification that the above listed deficiencies must be addressed within (#
of days that constitute a reasonable period of time in which to comply with the
provisions but not to exceed #####) days or NRCS must terminate your EQIP contract
in accordance with 7 CFR 1466.26(b). The actions needed to correct problems include
the following:

(The following is an example only: Give outline of corrections actions needed).

    1. Contract Item Number 1, Field 2, Minimum Tillage: you must have a
       minimum of 40 percent crop residues present on the ground immediately
       following the planting of a crop in order to adequately protect the soil
       resource as provided in the xxxxx County Field Office Technical Guide.
       The tillage operations that you performed removed or buried too much
       residue at planting, therefore, you must either -------whatever is needed to
       ensure that the proper amount of residues is present for the planting of
       the next crop).
    2. List all correct actions needed for each item above.

NRCS will conduct another contract status review in {enter the time sufficient for
participant to comply with the above listed recommendations} time in which to
comply with the terms above. You will be notified of this review, and you or your
representative must participate in this follow-up review to discuss progress in
implementing the terms of your contract. If you need additional assistance or
clarification of the items that you must perform, please contact this office immediately at
the [enter the telephone number, don’t just state on the heading of this letter] or
you may email me at the following email address: [enter the appropriate email
address].

If you disagree with this Preliminary Technical Determination, you have the following
review and appeal rights:

             Field review and reconsideration by the local NRCS office. You may
              request this option by writing to: NRCS DC, XXXX Field Service Center,
              XXXXX, NC, zip, telephone, email, FAX.
             Reconsideration by the NRCS State Conservationist. You may request
              this option by writing to: ASTC-Programs, 4405 Bland Road, Suite 205,
              Raleigh, NC, 27609, 919-873-2104, FAX 919-873-2156.
             Request mediation in an attempt to settle your concerns with the
              preliminary technical determination. To request mediation, contact NRCS
              Assistant State Conservationist, at 919-873-2104.
             Expedited finality.

You have 30 calendar days from the date that you receive this notification (held to be no
more than seven days from the date of this notification) in which to request any of the
three options listed above. If you do not request any of the above within the requisite
period of time, this determination will become a Final NRCS Technical Determination.

Review, appeal, and mediation rights for Final NRCS Technical Determinations are as
follows:

                           (CPM-NC-515-05-33, May 16, 2005)                                5
                Informal appeal to either the FSA County Committee (in the county where
                 the decision was rendered) or the NRCS State Conservationist, but not
                 both.
                Mediation (if this option has not already been previously used).
                Appeal to the National Appeals Division, (NAD) at the following address:

                 National Appeals Division, Southern Regional Office
                 Post Office Box 1508
                 Cordova, Tennessee 38088
                 Phone: 1-800-552-5377
                          (901) 544-0359
                 TTY:     1-800-627-8332
                 Fax:      (901) 544-0363

If you have any questions regarding this matter or need assistance to correct
deficiencies with your EQIP contract, please contact me at (enter phone number).

Sincerely,



Name
District Conservationist




Cc: NRCS ASTC for Programs,




                             (CPM-NC-515-05-33, May 16, 2005)                           6
Pre-Termination Letter #2
                                     Preliminary Technical Determination

BY CERTIFIED MAIL – RETURN RECEIPT REQUESTED

                                      Date:
Participant Name
Street Address
City, State Zip Code
                                      Farm Number:          Contract Number:
                                      Program: Environmental Quality Incentives Program

Dear <Participant Name>,

This letter is in regard to your (enter appropriate year) Environmental Quality Incentive Program
(EQIP) contract # (enter contract number). The contract was initiated with your signature on
form CCC-1200 dated (enter date) for Farm # ( ) Tract # ( ).

You should have received a letter dated (enter date) outlining deficiencies with the
implementation of your EQIP contract. The letter specifically stated that your EQIP contract
would be terminated within (# of days stated in previous letter) unless the following correct
actions were taken: (state corrective actions in the same format as the previous letter).

(The following is an example only: Give outline of corrections actions needed).

   1. Contract Item Number 1, Field 2, Minimum Tillage: you must have a
   minimum of 40 percent crop residues present on the ground immediately
   following the planting of a crop in order to adequately protect the soil
   resource as provided in the xxxxx County Field Office Technical Guide. The
   tillage operations that you performed removed or buried too much residue at
   planting, therefore, you must either -------whatever is needed to ensure that the
   proper amount of residues is present for the planting of the next crop).
    2. Give corrective actions for each deficiency.

As stated in the [enter date] notification, you were informed that NRCS would be conducting a
follow-up contract review of your adherence to the provisions of your EQIP contract as set out in
the notification. During this contract field review of your EQIP contract conducted on (enter
date), in which you were a participant [or your representative], we found {no indication, some
indication, only partial implementation -- need to be specific} that the required corrective
actions (or state type of actions expected to be performed) had been {initiated, completed,
performed, etc. be specific} taken. Due to the fact that no correct action was taken NRCS is
hereby notifying you that, in accordance with the program regulation at 7 CFR 1466.26(b)(1){be
sure that the citation is the correct one, you can terminate under 1466.26(b)(1, 2, 3) and
1466.26(b)(4 or 5) may also apply. Check with the State Office Programs staff to insure
use of correct citation. and as per the notification sent you dated [enter the appropriate
notification date], we are terminating EQIP contract (enter contract #), effective immediately.

This letter serves as the NRCS Preliminary Technical Determination, in accordance with the
agency Appeals Regulation, 7CFR 614 and the EQIP regulation at 7 CFR 1466.30. This
determination will become final 30 calendar days from the date that you receive this letter (held
generally to be no more than 7 calendar days from the date of this notification), unless you
request one of the following:
    A field review for the purposes of reconsideration of the facts. This review will be
        conducted by NRCS at your request to further clarify the basis for our preliminary
                              (CPM-NC-515-05-33, May 16, 2005)                                    7
       technical determination, answer any questions you have concerning the determination
       and to gather any additional information from you concerning the preliminary
       determination.
      Reconsideration by the State Conservationist. This review will be conducted by the
       NRCS State Conservationist or her designee at your request to further clarify the both
       the factual and legal basis for the technical determination, provide you with an
       opportunity to discuss further options, including any waivers provided by policy and
       regulation, and to gather any additional information from you concerning your farming
       operation and the EQIP contract.
      Request mediation in an attempt to settle your concerns with the preliminary technical
       determination. To request mediation, write to NRCS Assistant State Conservationist, at
       4405 Bland Road, Suite 205, Raleigh, NC 27609.
      Request Expedited Finality in writing. By requesting this option, the preliminary technical
       determination will become final upon your written request and a Final Technical
       Determination will be issued with additional appeal rights.

If you choose to use mediation, NRCS will pay up to one half of the costs that are appropriate
and reasonable associated with securing the services of a trained mediator, unless services are
provides on a voluntary basis. The NRCS will have final discretion over what is considered
appropriate and reasonable.

A final determination will be issued within 30 days following the field visit or reconsideration by
the State Conservationist, if one is requested, or within 30 days following the completion of
mediation, not to exceed 60 days total.

If you take no further action within the specified 30 calendar day timeframe, this preliminary
technical determination will become a Final NRCS technical determination, at which time you
may exercise the following appeal rights:

                Informal appeal to either the FSA County Committee (in the county
                 where the decision was rendered) or the NRCS State Conservationist,
                 but not both.
                Mediation (if this option has not already been previously used).
                Appeal to the National Appeals Division, (NAD) at the following address:

                 National Appeals Division, Southern Regional Office
                 Post Office Box 1508
                 Cordova, Tennessee 38088
                 Phone: 1-800-552-5377
                        (901) 544-0359
                 TTY: 1-800-627-8332
                 FAX: (901) 544-0363

If you have any questions regarding this matter, please contact me at (enter phone number).

Sincerely,


Name
District Conservationist
Cc: NRCS ASTC for Programs,
     FSA County Committee

                              (CPM-NC-515-05-33, May 16, 2005)                                        8
Final Termination Letter #3
                                       Final Technical Determination

BY CERTIFIED MAIL – RETURN RECEIPT REQUESTED

                                      Date:
Participant Name
Street Address
City, State Zip Code

                                      Farm Number:          Contract Number:
                                      Program: Environmental Quality Incentives Program


Dear <Participant Name>,

This letter is to notify you that the Natural Resources Conservation Service (NRCS) is
terminating contract number (                   ). The contract is being terminated due to (give
brief description of why contract was cancelled, example, participant request, contract violation,
failure to commence a practice etc.)

You were previously notified on (enter all application notification dates) that this contract would
be cancelled after corrective action was not taken. This letter serves as Final Decision for the
Environmental Quality Incentives Program (EQIP) contract that is subject to this decision.

This decision is not appealable. However, if you believe that you have been sent this notice in
error, you have 30 days from the date that you received this letter to request an Appealability
Review from the National Appeals Division (NAD) at the following address:

                               Southern Regional Office
                               Post Office Box 1508
                               Cordova, Tennessee 38088
                               Phone: 1-800-552-5377
                                         (901) 544-0359
                               TTY: 1-800-627-8332
                               Fax:     (901) 544-0363
                               http://www.nad.usda.gov

If you have any further questions regarding this issue and would like to speak with me about
this, please call (local phone number).

Sincerely,



Name
District Conservationist


Cc: NRCS ASTC for Programs




                              (CPM-NC-515-05-33, May 16, 2005)                                        9
             Cost Recovery After Termination Letter #4

BY CERTIFIED MAIL – RETURN RECEIPT REQUESTED
                             Date:
Participant Name
Street Address
City, State Zip Code
                             Farm Number:          Contract Number:
                             Program: Environmental Quality Incentives Program

Dear <Participant Name>,

This letter is to notify you that the Natural Resources Conservation Service (NRCS) is seeking
to recover costs and or practice payments for contract number ( ) in accordance with the EQIP
regulation at 7 CFR 1466.26(b)(1 or 2) (please ensure that the correct citation is used. Contact
the State Office Program staff for assistance in determination of the correct citation.).
The contract was previously terminated by letter dated (enter date) due to (give brief description
of why contract was cancelled, participant request, contract violation, etc.) The amount that is
owed from the cancellation of this contract is $        .

Please make your check payable to the USDA-NRCS and return to the local NRCS office listed
above no later than 30 calendar days from the date that you received this notification. The
State Conservationist has determined that no waiver of this recovery of cost is appropriate in
your particular situation for the following reasons: list the specific rationale used to justify
denial/partial waiver, etc. of the recovery of cost]

This decision is not appealable as this decision is generally applicable to all similarly situated
program participants as well as being required by the program regulation. However, if you
believe that you have been sent this notice in error, or that the recovery of costs is incorrect, or
that the amount due is wrong, you have 30 days from the date that you received this letter to
request an Appealability Review from the National Appeals Division NAD at the following
address:

                               Southern Regional Office
                               Post Office Box 1508
                               Cordova, Tennessee 38088
                               Phone: 1-800-552-5377
                                         (901) 544-0359
                               TTY: 1-800-627-8332
                               Fax:     (901) 544-0363
                               http://www.nad.usda.gov

If you have any further questions regarding this issue and would like to speak with me about
this, please call (local phone number) and make an appointment.

Sincerely,


Name
District Conservationist

Cc: ASTC for Programs



                              (CPM-NC-515-05-33, May 16, 2005)                                    10
             Contract Termination with No Cost Recovery and/or Practice Repayment #5

                                     Date:
Participant Name
Street Address
City, State Zip Code

                                     Farm Number:          Contract Number:
                                     Program: Environmental Quality Incentives Program


Dear <Participant Name>,

This letter is to notify you that the Natural Resources Conservation Service (NRCS) is
terminating your contract number (                   ) and has decided to waive the recovery of
costs and/or repayments because [state the specific reason for the waiver]. The reason for this
termination was stated in the notification dated …….

According to our records the following conservation practices or systems have been installed or
applied on land under the contract:
                     Practice Name                            Units        Date Installed
                                                                            or Applied




Any conservation practices or systems that may have been applied to land covered by this
contract must be maintained in accordance with the Conservation Plan of Operations and the
EQIP regulation as set forth at 7 CFR 1466.22. If you have any questions about proper
maintenance of practices, please contact our office at (local number).

If you have any further questions regarding this issue and would like to speak with me about
this, please call (local phone number) and make an appointment.

Sincerely,




District Conservationist



Cc: ASTC for Programs




                             (CPM-NC-515-05-33, May 16, 2005)                                  11
                                              Pre-Cost Recovery After Termination BY
                                      Participant Letter #6

BY CERTIFIED MAIL – RETURN RECEIPT REQUESTED
                             Date:
Participant Name
Street Address
City, State Zip Code
                             Farm Number:          Contract Number:
                             Program: Environmental Quality Incentives Program

Dear <Participant Name>,

As per your written request, the Natural Resources Conservation Service (NRCS) will terminate
your EQIP contract #( ). Termination of a legal contract may result in a recovery of
administrative and technical assistance costs as well as any payments previously paid for
implementation of your contract. The recovery of these costs is in accordance with the EQIP
regulation at 7 CFR 1466.26(b). Presently, NRCS anticipates that the amount that will be owed
from the cancellation of this contract is $    .

The regulations also provide that a program participant may request either a full or partial waiver
of the cost recovery. Any waiver of these provisions must be in the public benefit and would
need to reflect either a good faith effort to comply with the provisions of the contract or evidence
of hardships beyond a person’s control that have prevented compliance with the legal contract.

If you would like to request a waiver of payment of cost recovery and/or practice payments, you
may do so by making a written request to Mary Combs, State Conservationist. The request
must be provided to the District Conservationist at the following address: (insert local service
center address) no later than 15 calendar days from the date of this notification. Your request
must contain adequate documentation to support the rationale being presented in your request.

If you do not request for waiver of the cost recovery within the specified time period, this
determination, including the amount of cost recovery anticipated, will become final 30 calendar
days from the date that you receive this letter as certified on the U.S. Postal Service return
receipt.

Decisions regarding the agency’s legal right to impose the recovery of costs are not appealable
due to being a matter of regulation and being generally applicable to all similarly situated
program participants. Therefore, this portion of the decision is not appealable.

In addition, if you do not request waiver of the cost recovery with the requested documentation
necessary for making a waiver decision within the required time period, the amount of the costs
to be recovered is likewise not appealable, and will be considered final.

If you believe that you have been sent this notice in error, or that the recovery of costs is
incorrect, or that the amount due is wrong, you have 30 days from the date that you received
this letter to request an Appealability Review from the National Appeals Division (NAD) at the
following address:




                              (CPM-NC-515-05-33, May 16, 2005)                                   12
                             Southern Regional Office
                             Post Office Box 1508
                             Cordova, Tennessee 38088
                             Phone: 1-800-552-5377
                                       (901) 544-0359
                             TTY: 1-800-627-8332
                             Fax:     (901) 544-0363
                             http://www.nad.usda.gov

If you have any further questions regarding this issue and would like to speak with me about
this, please call (local phone number) to make an appointment.

Sincerely,


District Conservationist

Cc: ASTC for Programs




                             (CPM-NC-515-05-33, May 16, 2005)                                  13
             Cost Recovery After Termination By Participant Letter #7

BY CERTIFIED MAIL – RETURN RECEIPT REQUESTED
                             Date:
Participant Name
Street Address
City, State Zip Code
                             Farm Number:          Contract Number:
                             Program: Environmental Quality Incentives Program

Dear <Participant Name>,

This letter is to notify you that the Natural Resources Conservation Service (NRCS) is seeking
to recover costs and or practice payments for contract number ( ) in accordance with the EQIP
regulation at 7 CFR 1466.26(b)(1 or 2) (please ensure that the correct citation is used).
Contact the State Office Program staff for assistance in determination of the correct
citation.). The contract was previously terminated by letter dated (enter date) as per your
request. You were notified in that letter of your right to request a waiver of cost recovery and/or
practice payments. A waiver request was not received. The amount that is owed from the
cancellation of this contract is $        .

Please make your check payable to the USDA-NRCS and return to the local NRCS office listed
above no later than 30 calendar days from the date that you received this notification.

This decision is not appealable as this decision is generally applicable to all similarly situated
program participants as well as being required by the program regulation. However, if you
believe that you have been sent this notice in error, or that the recovery of costs is incorrect, or
that the amount due is wrong, you have 30 days from the date that you received this letter to
request an Appealability Review from the National Appeals Division NAD at the following
address:

                               Southern Regional Office
                               Post Office Box 1508
                               Cordova, Tennessee 38088
                               Phone: 1-800-552-5377
                                         (901) 544-0359
                               TTY: 1-800-627-8332
                               Fax:     (901) 544-0363
                               http://www.nad.usda.gov

If you have any further questions regarding this issue and would like to speak with me about
this, please call (local phone number) and make an appointment.

Sincerely,


Name
District Conservationist

Cc: ASTC for Programs




                              (CPM-NC-515-05-33, May 16, 2005)                                    14
                            Cost Recovery Assessment
            Supplemental Information for Submission with Waiver Request

Name:                                               Contract #
Address:                                            Farm#
City, State, Zip                                    Tract#
County                                              Contract Year
Total Dollar Amount of Contract: $

Give reason why participant wants to terminate contract. {relate this back to the policy
and EQIP regulation}




List all practices that have been completed and paid. Enter practice code, units, amount
paid to participant and date.
 Practice Code            Units           Amount Paid to             Date Paid
                                            Participant




District Conservationist give assessment of how well applied practice(s) will provide
environmental benefits consistent with EQIP objectives and be operated and maintained
by the producer for the required service life.




Can the installed conservation practices stand alone and function as fully intended
without the completion of the remaining practices? District Conservationist give brief
assessment: Will failure to perform remaining practices in contract impair the
effectiveness of those completed or not?




                           (CPM-NC-515-05-33, May 16, 2005)                                15
List practices that remain to be completed in the plan. Enter practice code, units and
date scheduled.
      Practice Code                    Units                 Date Scheduled




Explain any hardships or good faith efforts that have pertinence to this waiver request.




______________________________________                       _______________
        District Conservationist                                    Date




Recommendation by ASTC-FO:




_____________________________________                        _______________
           ASTC-FO                                                  Date




                           (CPM-NC-515-05-33, May 16, 2005)                                16

						
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