15- 214 C.M.R. ch. 4, § 3

Current through 2024-51, December 18, 2024
Section 214-4-3 - Application procedure and content
1.Deadlines for submission of applications. The Agency will establish a schedule for receipt of applications each year based on the availability of funds.
A. The Agency will publish a notice, at least once a year, indicating a period of not less than 60 days during which applications for loans will be accepted. Notice will be posted on the agency's web site and sent directly to any municipality or quasi-municipal district or corporation that has submitted a written request to the Agency within the previous year asking to be notified of the application period.
B. Notwithstanding the schedule for receipt of applications set by the Agency, the Director may accept an application at any time if the applicant is applying for funds to address an emergency situation at a dam, as defined in Title 37-B MRSA section1111, sub-§4, and if the fund balance is sufficient to support an approved application.
C. Applications that are accepted as complete will remain active with the Agency for a period of one year from the date of acceptance, unless sooner withdrawn by the applicant. Notice of such withdrawal must be submitted in writing to the Agency.
2.Contents of application. Applications must be submitted on a form provided by the Agency, together with supporting materials required by the Agency for each type of project as indicated on the form. If an applicant is seeking funding for projects at more than one dam, a separate application must be submitted for each dam.
A. Each application must include the following information:
1. An Emergency Action Plan for the dam, which has been updated within two years prior to submission of the application and meets the requirements of Title 37-B MRSA §1127.
2. A statement, including a reference to relevant source documents, indicating the purpose of the dam, and the applicant's title, right or interest in the dam and any appurtenant facilities or property that are the subject of the application. If the applicant does not currently hold title to the dam, the application must include a statement with supporting documentation identifying all persons or entities holding title, right or interest in the property that is the subject of the application.
3. A description of the dam project and cost estimates for all the work to be completed as part of the proposed project.
4. The amount of the loan requested by the applicant.
5. The name, address and qualifications of any professionals whose services are to be paid for with the loan proceeds.
6. Photographs of the dam showing its current condition.
7. A map showing the location of the project.
1. For any application seeking funds for repair or reconstruction, a recent condition report including inspection findings, a current engineering assessment (completed not less than one year prior to submission of the application) of the dam, including any recommendations for repair or reconstruction or for further study, a stability analysis and any other engineering analysis. This may be a report issued by the State Dam Inspector.
2. Financial information as may be required by or useful to the Bond Bank in making a determination of the applicant's ability to pay back the loan.
3. For any application seeking funds for repair, reconstruction, or removal of a dam, all federal, state or local permits, licenses or other regulatory approvals required to implement the project, or documentation confirming that no such regulatory approvals are required.
B. Additional information that may be submitted, as appropriate, includes:
1. A history of dam construction and repairs to the dam and any appurtenant facilities.
2. Operation, maintenance, design, and construction records.
3. Previous reports and design proposals.
4. Natural resource assessments that identify diadromous species and all species listed as threatened or endangered.
5. A statement regarding the presence of any threatened or endangered species.
3. Initial review for completeness and eligibility. All applications will be reviewed initially for completeness and to determine whether the project is eligible for the loan program. The Agency will notify the applicant of any deficiencies, which must be corrected by the deadline for that application period in order for the application to be accepted for filing. Applications for eligible projects will be accepted for filing if complete.
4. Additional information. The Agency may request additional information from the applicant after the application deadline if necessary to rate the application pursuant to section 4.

15- 214 C.M.R. ch. 4, § 3