Chapter NR 335

NR 335.08(1)(e) (e) Actual and reasonable costs for activities other than the maintenance, repair or modification of the dam (structural alternative) only if the cost of that activity is less than the cost of the structural alternative.

NR 335.08(2) (2) Ineligible costs. Ineligible costs include:

NR 335.08(2)(a) (a) Costs incurred prior to August 9, 1989;

NR 335.08(2)(b) (b) The cost of materials and labor for installation or repair of items directly associated with hydroelectric power facilities at the dam;

NR 335.08(2)(c) (c) Costs incurred prior to the date of the state grant award except engineering costs as provided in sub. (1) or construction costs for a project that was under department orders, was approved by the department and was undertaken as emergency repairs or modifications to a high or significant hazard dam. Construction work shall have started within 1 year prior to the grant application deadline;

NR 335.08(2)(d) (d) Costs of routine maintenance including, but not limited to, mowing grass, painting signs and debris removal;

NR 335.08(2)(e) (e) Costs of equipment necessary for routine maintenance of the dam;

NR 335.08(2)(f) (f) Costs for which payment for a dam abandonment and removal project has been or will be received under another state or federal cost sharing or grant program or from another municipality or any other outside funding source;

NR 335.08(2)(g) (g) Costs attributable to the correction of errors or deficiencies in construction funded under this chapter due to failure to comply with department approved construction plans and specifications.

NR 335.08(3) (3) Allocation of costs. Total project costs may be allocated between eligible and ineligible costs using one of the following methods:

NR 335.08(3)(a) (a) Unit cost method. When the unit cost method is used, costs for individual work items shall be prorated between eligible and ineligible portions of the project based on an equal cost per unit.

NR 335.08(3)(b) (b) Project cost method. When the project cost method is used, eligible project costs shall be based on engineering costs plus the cost of construction reflected in the contractor’s billings to the owner. Owners using this method shall submit the contractor’s itemized billings showing the breakdown of eligible work items.

NR 335.08 History History: Cr. Register, April, 1991, No. 424, eff. 5-1-91; CR 10-032: am. (1) (a) to (d), (2) (c) and (f), cr. (1) (e) Register October 2010 No. 658, eff. 11-1-10.

NR 335.09 NR 335.09 Criteria for priority ranking.

NR 335.09(1) (1) The department shall develop a priority ranking process for the purpose of determining funding priorities for applications under this chapter.

NR 335.09(2) (2) The department may use an advisory committee to help develop the priority ranking process.

NR 335.09(3) (3) The priority ranking process shall be reviewed and adjusted, if necessary, based on experience from past grant cycles and public safety priorities, prior to the notice of a new grant cycle.

NR 335.09(4) (4) The following criteria may be used by the department in the priority ranking process. The criteria are not listed in any order of priority:

NR 335.09(4)(a) (a) Hazard of the dam based on existing land use downstream.

NR 335.09(4)(b) (b) Extent of land use controls currently in effect downstream of the dam to prevent development in the hydraulic shadow of the dam.

NR 335.09(4)(c) (c) Financial need of the applicant.

NR 335.09(4)(d) (d) Total eligible project costs.

NR 335.09(4)(e) (e) Navigability of the watercourse.

NR 335.09(4)(f) (f) Size classification of the dam.

NR 335.09(4)(g) (g) Extent to which the project improves the safety in the area downstream of the dam.

NR 335.09(4)(h) (h) Severity of the deficiencies of the dam.

NR 335.09(4)(i) (i) Time frame in which the project can start construction.

NR 335.09(4)(j) (j) Presence of approved emergency action plan and inspection, operation and maintenance plan for the dam.

NR 335.09(4)(k) (k) Availability of public access to the impoundment created by the dam.

NR 335.09(4)(L) (L) Extent of effort by the owner to responsibly operate and maintain the dam.

NR 335.09(4)(m) (m) Any other criteria that the department identifies as necessary to improve the ranking process based on past experience with the grant program.

NR 335.09(5) (5) The department shall determine the priority ranking points for an applicant based on information found on the grant application and in supplemental material; department files, map repositories and databases; on-site inspections or reports from past inspections; and discussion with the owner.

NR 335.09 History History: Cr. Register, April, 1991, No. 424, eff. 5-1-91; CR 10-032: r. and recr. Register October 2010 No. 658, eff. 11-1-10.

NR 335.10 NR 335.10 Construction period.

NR 335.10(1) (1) All construction performed on an eligible project shall be completed in accordance with s. NR 335.12 within one year from the date of the grant award unless the department extends that period for good cause. If an extension is warranted by the circumstances and is requested in writing by the grantee before the end of the initial one-year construction period, the department may extend the construction period for up to 2 additional years.

NR 335.10(2) (2) If the grantee fails to comply with sub. (1), the grantee may not receive any further state funds and shall reimburse the department for any state funds already received under this chapter. The uncompleted portion of the project shall be considered for funding in the next year in which money becomes available upon submission of a new application in compliance with this chapter.

NR 335.10 History History: Cr. Register, April, 1991, No. 424, eff. 5-1-91.

NR 335.11 NR 335.11 Final project approval. After the project is complete and approved by the owner, the owner shall submit 3 copies of as-constructed plans and specifications, monthly inspection reports prepared by the inspecting engineer on the project, and written certification from the owner’s engineer stating that the project was completed in compliance with s. 31.12 (4), Stats. The department shall conduct a final inspection of the project within 60 days after receiving the as-constructed plans and specifications, inspection reports, and certification. A project approval letter shall be sent to the owner within 30 days of final inspection by the department.

NR 335.11 History History: Cr. Register, April, 1991, No. 424, eff. 5-1-91.

NR 335.12 NR 335.12 Grant payments. The grantee shall be paid the state share of those eligible project costs which have prior department approval in the following installments:

NR 335.12(1) (1) If the dam is repaired or modified:

NR 335.12(1)(a) (a) 50% of the state share of total eligible costs, of the engineering contract and the construction bids, shall be paid to the grantee, following 50% completion of the project, within 90 days after the department has received a written request and supporting documentation by the owner’s authorized representative. The department shall inspect the project, review the supporting documentation, and determine that the owner has expended at least 50% of the state share of total eligible costs and that the work meets the requirements of this chapter prior to making payment to the owner; and

NR 335.12(1)(b) (b) If the emergency action plan and inspection, operation and maintenance plan are approved by the department prior to the completion of the project, the state share of the remaining eligible costs, based on the final audited project cost, shall be paid to the grantee within 90 days after the department has conducted a final audit and has determined the final audited eligible costs. A final audit shall be conducted within 90 days after the project has been completed and approved by the owner and the department pursuant to s. NR 335.11; or

NR 335.12(1)(c) (c) If the emergency action plan and inspection, operation and maintenance plan are not approved by the department prior to the completion of the project, the state share of the remaining eligible costs less 10%, based on the final audited project cost, shall be paid to the grantee within 90 days after the department has conducted a final audit and has determined the final audited eligible costs. A final audit shall be conducted within 90 days after the project has been completed and approved by the owner and the department pursuant to s. NR 335.11. The remaining state share of eligible costs shall be paid to the grantee within 60 days after the grantee has received approval, by the department, of an emergency action plan and an inspection, operation and maintenance plan.

NR 335.12(2) (2) If the dam is abandoned:

NR 335.12(2)(a) (a) 50% of the state share of total eligible costs, based on the engineering contract and the construction bids, shall be paid to the grantee, following 50% completion of the project, within 90 days after the department has received a written request and supporting documentation by the owner’s authorized representative. The department shall inspect the project, review the supporting documentation, and determine that the owner has expended at least 50% of the state share of total eligible costs and that the work meets the requirements of this chapter prior to making payment to the owner; and

NR 335.12(2)(b) (b) The state share of the remaining eligible costs, based on the final audited project cost, shall be paid to the grantee within 90 days after the department has conducted a final audit and has determined the final audited eligible costs. A final audit shall be conducted within 90 days after the project has been completed and approved by the owner and the department pursuant to s. NR 335.11.

NR 335.12 History History: Cr. Register, April, 1991, No. 424, eff. 5-1-91.

NR 335.13 NR 335.13 Adoption of land use controls in the hydraulic shadow. If the grantee or the municipality responsible for the implementation of land use controls in the hydraulic shadow, or both, fail to adopt the land use controls necessary to secure the dam hazard rating in accordance with ch. NR 333, the grantee may not receive any further state funds under this chapter and shall reimburse the department for any state funds already received under this chapter. The necessary land use controls shall be adopted within one year after the department has approved the dam failure analysis submitted with the application. If adequate justification is received and approved by the department an extension of the one year deadline may be given.

NR 335.13 History History: Cr. Register, April, 1991, No. 424, eff. 5-1-91.

NR 335.14 NR 335.14 Grantee accountability.

NR 335.14(1) (1) Records management. Each grantee shall maintain an accounting system that accurately reflects all fiscal transactions, incorporates appropriate controls and safeguards, and provides good audit trails, particularly to source or original documents.

NR 335.14(1)(a) (a) Accounting procedures. Financial schedules and statements filed with grant applications and payment requests shall be based on records maintained under generally accepted accounting principles which meet the following minimum requirements:

NR 335.14(1)(a)1. 1. Accounts shall separate grant receipts and eligible project costs from those allocable to other programs and activities.

NR 335.14(1)(a)2. 2. Payments received under another state or federal cost sharing or grant program or from another municipality or any other outside funding source and expenditures shall be listed in sufficient detail to provide a basis for accurate and complete reporting.

NR 335.14(1)(a)3. 3. Supporting records for all expenditures shall be itemized in sufficient detail to reflect the nature and propriety of each. Proof of payment, such as cancelled checks or receipts from vendors, shall be maintained.

NR 335.14(1)(a)4. 4. If the owner uses its own labor force, payroll records shall be maintained that reflect actual program hours worked by each employee as well as allocable gross wages and fringe benefits paid. Time and attendance records describing the work performed, specifying project hours worked by day, and both signed by the employee and bearing evidence of management approval, shall be maintained, along with computations showing hourly pay rates and allocation of fringe benefits.

NR 335.14(1)(b) (b) Fiscal controls.

NR 335.14(1)(b)1. 1. Any consultant, construction or service contract totaling $10,000.00 or more annually shall be covered by a formal contract or agreement specifying financial terms, contract duration, and services to be rendered.

NR 335.14(1)(b)2. 2. Actual cost of force account labor and equipment is allowable. Equipment rates shall be limited to the county-wide rates established annually by the department of transportation (DOT). Eligibility of the use of specialized equipment for which DOT rates are not available shall be based on the allocable portion of depreciation plus normal and reasonable operation expenses attributable to project activities.

NR 335.14(1)(b)3. 3. Grantee shall comply with applicable state or federal regulation concerning bidding and awarding contracts, wage rates and labor rates.

NR 335.14(2) (2) Records retention and auditing. The grantee’s records, and the records of contractors and engineers which are pertinent to a specific state grant award, shall be subject at all reasonable times to inspection, copying and audit by the department for a period of 7 years from the date of final payment.

NR 335.14 History History: Cr. Register, April, 1991, No. 424, eff. 5-1-91; CR 10-032: am. (1) (b) 1. and 2., cr. (1) (b) 3. Register October 2010 No. 658, eff. 11-1-10.

NR 335.15 NR 335.15 Variances. The department may approve variances from nonstatutory requirements of this chapter upon the request of a sponsor when the department determines that variances are essential to effect necessary grant actions or program objectives, and where special circumstances make such variances in the best interest of the program. Before granting a variance, the department shall take into account such factors as good cause and circumstances beyond the control of the sponsor.

NR 335.15 History History: CR 10-032: cr. Register October 2010 No. 658, eff. 11-1-10.

NR 335.16 NR 335.16 Dam grant inventory.

NR 335.16(1) (1) Projects will be added to the dam grant inventory after receipt of an application. By signing the application, the applicant is acknowledging they are aware the dam will be placed on the dam grant inventory.

NR 335.16(2) (2) As part of the application, the department shall provide notice to the dam owner stating that it will proceed on the funding request and addition to the dam grant inventory without a hearing unless a request for a hearing is filed with the department by the dam owner.

NR 335.16(3) (3) If a hearing is requested pursuant to notice under this subsection, the department may schedule the matter for hearing using the procedures under s. 31.06 (2), Stats., or may notify the owner that the dam has been removed from the dam grant inventory.

NR 335.16 History History: CR 10-032: cr. Register October 2010 No. 658, eff. 11-1-10.