Chapter NR 336

NR 336.07(4) (4) Ineligible applicants may submit a new application.

NR 336.07 Note Note: Applicants may not begin construction until all applicable state, federal and local permits and approvals have been obtained. The department may rescind its notification of eligibility for funding if the applicant fails to start the formal process to obtain an abandonment permit for the dam and obtain other approvals for its removal within 6 months after the application date.

NR 336.07 History History: CR 02-048: cr. Register October 2003 No. 574, eff. 11-1-03.

NR 336.08 NR 336.08 Project priority list. The department shall maintain a list containing the order of projects eligible for funding. The order of funding is based on the date when the department receives the application. Applications received on the same date shall be randomly selected and ranked within that day.

NR 336.08 History History: CR 02-048: cr. Register October 2003 No. 574, eff. 11-1-03; CR 10-032: renum. (intro.) to be NR 336.08 and am., r. (1) and (2) Register October 2010 No. 658, eff. 11-1-10.

NR 336.09 NR 336.09 Eligible and ineligible costs for dam safety projects.

NR 336.09(1) (1) Eligible costs. Reasonable and necessary project costs that are consistent with the project scope and incurred during the project period are eligible for grant funds, as follows:

NR 336.09(1)(a) (a) Eligible costs may include, but are not limited to:

NR 336.09(1)(a)1. 1. Labor costs directly related to and required for completing the project. Costs shall be based on the actual wage paid by the sponsor including salary and fringe benefits.

NR 336.09(1)(a)2. 2. Direct costs for materials and equipment used for project–related purposes or the cost of the portion of materials or equipment time used for the project.

NR 336.09(1)(a)3. 3. The cost of leased or rented equipment used for project–related purposes.

NR 336.09(1)(a)4. 4. All costs shall be supported by time sheets, vouchers or similar documentation reflecting specific assignment to the project.

NR 336.09(1)(b) (b) Engineering or planning fees directly related to designing and carrying out the actual removal of the dam may be eligible. Engineering costs incurred prior to the project period may be eligible if specifically provided for in the grant award.

NR 336.09(1)(c) (c) Restoration and stabilization within the former impoundment, and revision of the 100 year flood plain delineation may also be eligible.

NR 336.09(2) (2) Ineligible costs. Those costs that the department determines are not directly associated with or necessary to implement the project are ineligible for grant funding. Ineligible costs include, but are not limited to:

NR 336.09(2)(a) (a) Fines and penalties due to violation of, or failure to comply with federal, state or local laws and regulations.

NR 336.09(2)(b) (b) Indirect costs including administrative costs and costs to purchase vehicles or other property not directly related to the project.

NR 336.09(2)(c) (c) Costs for which payment has been or will be received from any other funding source.

NR 336.09(2)(d) (d) Costs associated with operation and maintenance of the property.

NR 336.09(2)(e) (e) Costs incurred in a contract which creates a real or apparent conflict of interest. An apparent conflict of interest arises when an official or employee of a sponsor participates in the selection, awarding or administration of a contract supported by the project and:

NR 336.09(2)(e)1. 1. The official or employee, or his or her spouse or partner, has an ownership interest in the firm selected for the contract; or

NR 336.09(2)(e)2. 2. A person identified in subd. 1. receives a contract, gratuity or favor from the award of the contract.

NR 336.09(2)(f) (f) Costs associated with determining the fate of the dam, planning alternatives, collecting input through public hearings, and modifying local ordinances.

NR 336.09 History History: CR 02-048: cr. Register October 2003 No. 574, eff. 11-1-03; CR 10-032: r. (1) (c) and (d) 4., renum. (1) (d) to be (1) (c) Register October 2010 No. 658, eff. 11-1-10.

NR 336.10 NR 336.10 Grant awards.

NR 336.10(1) (1) The grant award for a dam removal project is 100% of the eligible project cost not to exceed $50,000 or the maximum award amount identified in the application materials and may be limited by availability of grant funding.

NR 336.10(2) (2) An awarded grant may be terminated by the department for violation of any term or condition of the award.

NR 336.10(3) (3) Grant recipients may terminate the grant for any reason and at any time.

NR 336.10(4) (4) A grant award may not be awarded under this program for a dam project that has already received a grant award through the Municipal Dam Grant program, administered under ch. NR 335, in the same year.

NR 336.10 History History: CR 02-048: cr. Register October 2003 No. 574, eff. 11-1-03; CR 10-032: am. (1), r. (2), renum. (3) and (4) to be (2) and (3), cr. (4) Register October 2010 No. 658, eff. 11-1-10.