Arkansas Administrative Code › Agency 168 - Arkansas Economic Development Commission › Rule 168.00.15-005 - Arkansas Unpaved Roads Grant Program

Current through Register Vol. 49, No. 6, June, 2024
Arkansas Economic Development Commission,
			 Division of Rural Services and the Arkansas Rural Development
			 Commission
The Arkansas Economic Development Commission (AEDC), Division of
			 Rural Services (DRS), is charged with assisting rural communities with a
			 population of 20,000 and under. Established under Act 302 of 1991, and merged
			 with the Arkansas Economic Development Commission under Act 8 of the 2015 First
			 Extraordinary Session, DRS assists local agencies in rural areas with
			 information and technical assistance. Currently, more than 80% of Arkansans
			 live in rural areas.
The Arkansas Rural Development Commission (ARDC) is a group of
			 citizens from rural Arkansas responsible for overseeing the programs of DRS.
			 Seven of its members are appointed by the Governor, two are appointed by the
			 Senate President Pro-Tem, and two are appointed by the Speaker of the House.
			 Commissioners serve multiple-year terms and meet throughout the year to discuss
			 rural issues that affect Arkansans.
The mission of these two groups is to
"Enhance the
			 quality of life in rural Arkansas."
One focus of the Division of Rural Services is to be a source of
			 information for rural citizens and provide support services to rural
			 communities. DRS publishes a quarterly newsletter that covers rural policies
			 and topics. The Division also hosts an annual conference and local forums
			 around the state throughout the course of the year.
General Information and
			 Eligibility
Created by Act 898 of the 90th General
			 Assembly, the purpose of the Unpaved Roads Program (Program) is to create a
			 better unpaved county road system with a reduced negative environmental impact
			 on priority water resources in Arkansas. The Program focuses on best management
			 practices (BMPs) that reduce the impact of sediment and road runoff to streams,
			 rivers, and drinking water supplies while reducing long term unpaved county
			 road maintenance costs.
The Program is designed to fund work on public roads with unbound
			 road surfaces. These are surfaces of natural material or crushed aggregate that
			 have not been incorporated into a bound layer using asphalt, oil, or other such
			 binder. For the Program, driving surface aggregate (DSA) is NOT considered
			 "paved" even though the material looks similar to pavement/concrete and is laid
			 with paving equipment. Public entities that own and maintain public roads in
			 Arkansas that are open to public vehicle travel at least eight (8) consecutive
			 weeks a year are eligible to apply for grants for Program funding. Counties are
			 the primary applicants for Program funding. Other unincorporated areas with
			 public, unpaved roads can also apply for funding as long as the entity has
			 capacity to implement and manage a Program grant.
In determining applicant eligibility, it is important to focus on
			 the entity that owns and maintains the road itself, not necessarily the land
			 the road traverses. Often one entity owns and/or maintains the road through the
			 property of another entity, for example a County-owned road might traverse
			 through a State Forest, Wildlife Management Area, or National Forest. The
			 entity that owns and maintains the road corridor is the entity that is eligible
			 to apply for Program funding. In this case, the county would be the eligible
			 applicant. The county must gain the approval of the County Judge to
			 apply.
What Types of Projects are
			 Eligible
Program projects eligible for funding must focus on both unpaved
			 road improvements and sediment reduction that is negatively impacting, or could
			 negatively impact a named, priority water body covered by the Program.
Projects should focus on worksites (identified pollution sites)
			 and environmentally safe practices (ESM) to reduce pollution while providing a
			 more stable unpaved road. Only projects that provide some form of environmental
			 benefit, typically by reducing sediment and concentrated drainage to waterways,
			 will be considered for funding.
Priority Water Bodies In Order of Program
			 Priority
* A water body containing an aquatic species listed as
			 threatened, endangered or a candidate species by the Federal Government;
* A water body that has been determined to be impaired as a
			 result of turbidity or sediment;
* A water body used as a drinking source for people;
* A water body used as an interstate waterway;
* A water body the Arkansas Game and Fish Commission had
			 determined contains a species of greatest conservation need;
* A water body important to agricultural or pasture land use;
			 or
* A water body important to forestry land use.
What Types of Projects are
			 Ineligible
Projects not eligible for funding consideration under the Unpaved
			 Roads Program include, but are not limited to:
* Roadways that have bound surfaces including oil, asphalt,
			 concrete, or any mixture of sealed aggregate.
* Roadways that are not negatively impacting a priority body of
			 water.
* Public roads that are open to the public for less than eight
			 (8) consecutive weeks.
* Any and all private roads.
Note: Applicants are not eligible for an Unpaved Roads Grant if
			 the county has an Unpaved Roads Grant currently open. Once the grant has been
			 closed out, applicants are eligible to apply.
Environmentally Sensitive
			 Maintenance
An Environmentally Sensitive Maintenance (ESM) certified person
			 must be in charge of work plan development and project implementation for the
			 applying entity. ESM training for the Program is a one-day course that covers
			 the road maintenance practices employed by the Program. ESM training is made
			 available at no-cost to potential grant applicants - such as county judges,
			 county roads personnel, and other interested parties. It is highly recommended
			 that all persons representing the county who have a significant role in the
			 Program attend ESM training, to include county administrative staff. ESM
			 training must be taken once every 5 years to maintain certification.
Some examples of ESM principles are as follows:
* Road/Stream Interactions: ESM practices for stream crossings
			 focus on reducing the sediment delivery to a river or lake, riverbank stability
			 issues, and the river crossing itself. Practices such as highwater bypasses,
			 French mattresses, proper stream crossing sizing, better bridge and pipe
			 design, and in-stream flow control structures can be effectively used to
			 stabilize the unpaved road/stream interface.
* Unpaved Road Surface: ESM practices for the unpaved road
			 surface include drainage control and improved aggregate. Drainage control
			 starts with proper crown and cross-slope, but also includes practices such as
			 grade breaks, berm removal, and broad-based dips. Improved surface aggregate
			 focuses on the Program's Driving Surface Aggregate and includes maintenance
			 concerns such as grading and pothole repair.
* Unpaved Road Base: Practices that improve the base of a road
			 include mechanical base improvements, underdrains, French mattresses, and in
			 some cases full-depth reclamation.
* Vegetation Management Practices: Practices that manage
			 vegetation in a sustainable manner will reduce erosion from the unpaved road
			 area and save on future maintenance costs associated with tree trimming and
			 cleanup. Practices include selective thinning, proper pruning, seeding and
			 mulching, and managing vegetation for long term stability.
* Unpaved Road Bank Management Practices: Practices that
			 stabilize the upslope or downslope road bank include slope reinforcement,
			 filling the road profile, naturalizing bank shape, and natural or mechanical
			 slope reinforcement.
* Unpaved Road Ditch and Outlet Stabilization: ESM practices for
			 ditches include anything that reduces the flow in the ditch. The simplest of
			 these practices is to provide more drainage outlets in the form of new turnouts
			 and cross pipes. Selecting locations to outlet water and choosing the proper
			 outlet stabilization methods is also important. Other practices such as berm
			 removal and filling the road profile attempt to eliminate ditches completely
			 and promote sheet flow. Practices to reduce the effect of subsurface flow such
			 as underdrains are also important.
Eligible Project
			 Expenses
Applicants may apply for the full or partial costs of materials,
			 equipment, and labor required for implementation of the grant project. Salaries
			 and other associated personnel expenses are not eligible. Eligible grant funds
			 are capped at $75,000.
Material expenses on a project include but are not limited to
			 items such as pipe, stone, fill, fabric, aggregate, etc. Products with the
			 potential ability to leach off the road (such as dust suppressants) must meet
			 Arkansas state standard requirements for non-pollution.
Program projects are often completed with applicant-owned
			 equipment. In most cases, this will be county owned equipment. Reimbursement of
			 applicant-owned equipment costs may be an eligible expense under the Program
			 as:
1) the accepted Federal Emergency
		  Management Agency (FEMA) rates if submitted with the grant application
		  and/or;
2) legitimate quote or
		  invoice acceptable by DRS and/or;
3)
		  The labor is $18.04 per hour, unless sufficient documentation from a specialist
		  is provided to DRS to justify another amount.
Often, projects may require equipment that the applicant does not
			 own. It may be an eligible expense for an applicant to rent or lease equipment
			 necessary to complete a project with Program funds. Equipment rented or leased
			 with Program funds can only be used on the project for which it was rented or
			 donated. Grant funds from the Program cannot be used to purchase or maintain
			 equipment.
Some projects may be completed entirely by subcontractor where no
			 unpaved road work is performed by the applicant. Applicant should follow
			 standard procedures regarding project bidding and working with sub-contractors.
			 DRS will make payments to the grant recipient (in most cases this will be a
			 county), not directly to the grant recipient's sub-contractors.
Most projects will require permits and/or engineering or
			 consultant work to design and complete. Program funds can be used to cover
			 engineering, permitting, or similar consultant costs, but such costs are
			 limited to a maximum of 10% of the total contract between the DRS and the grant
			 recipient. Note this limit is defined as up to 10% of the contract amount
			 (Program contracted funds), not 10% of the total project value (which could
			 include in-kind or other funds).
Current Allowable Expenses for Donated
			 Labor
If a grantee choses to use donated labor or services for all or a
			 portion of the grant match, it must be submitted in one of two ways. First, if
			 the labor donated is unskilled, volunteer labor; DRS will bill at $18.04 for
			 each individual hour donated. Simply put, if four people donate one hour each
			 to the project, $72.16 ($18.04 x 4 = $72.16) can be claimed toward the
			 community's portion of the match. Secondly, if the labor donated is skilled,
			 professional labor, DRS will accept the estimate given by the company or
			 individual. For this to be accepted, a donor must be licensed or considered a
			 professional in the field where the donation is being made. This professional
			 labor donation can include, but is not limited to, dozer/dirt work, electrical,
			 plumbing, carpentry, welding, and etc.
Funding Availability
Applicants with an eligible project may apply for up to $75,000
			 in state matching funds toward a single project. As the grant pool is limited,
			 it may sometimes be necessary to make awards of less than the amount actually
			 requested and some projects unfortunately cannot be funded at all.
Matching Requirement
All proposed and funded projects are required to have at least a
			 fifty percent (50%) match contribution and counties can apply for up to
			 $75,000. In-kind goods and services committed by the county will include
			 without limitation - labor, equipment use, materials, and services. Donations
			 from private entities and other Program stakeholders can be applied to meet or
			 exceed the programmatic matching requirements. Other sources of funds that will
			 benefit a county's grant applications are encouraged. The Program is a public,
			 private partnership to benefit the people of Arkansas.
All matching funds must be pledged at the time of application
			 submission and be immediately available if an award is received. Donated labor
			 cannot count as match if it is executed before the grant is awarded. Debt
			 financing of any nature and proceeds from any other state grant programs cannot
			 be used for matching purposes.
A total project cost does not have to equal $75,000. It can be
			 more or less. However, if the total project cost is more than $75,000 the
			 applicant should provide proof that the entire project can be funded. For
			 example, if the total project cost is $275,000, the applicant may apply for
			 $75,000 but should still show how the additional $200,000, is being funded.
			 Therefore, an applicant should only apply for what can be completed and funded
			 within the project timeline of one year.
Application Process
Applicants are encouraged to conduct site visits with DRS staff
			 on-site to discuss the potential project before an application is submitted for
			 funding in excess of $25,000. The purpose of a pre-application meeting is to
			 work jointly with the applicant to ensure the plan they submit is in the best
			 interest of both entities. Some applicants, especially those new to the
			 Program, may focus on road improvement concerns over environmental concerns.
			 The pre-application meeting allows Program staff to provide input on the
			 potential project at an early stage before the applicant has invested a large
			 amount of time and resources in developing a worksite plan.
It also allows an early discussion of potential topics relating
			 to permitting, funding availability, and other issues that could affect the
			 scope or design of the project. Potential landowner issues should be a part of
			 the initial site visit. Often the type of ESM practices used on an unpaved road
			 will depend a great deal on the cooperation of local landowners, especially
			 where off right-of-way work or additional drainage outlets are required for
			 successful project completion.
DRS personnel will work with applicants to revise the scope of
			 their applications should they not meet Program standards. The DRS, at their
			 discretion, may refuse to accept incomplete applications or applications that
			 do not properly address environmental issues or other Program rules.
A complete grant application should include the following:
* Grant Application: The approved grant application submitted by
			 the applicant will include cost estimate breakdowns and budget tables for both
			 the requested grant funds and match funds. The minimum matching requirement
			 ratio is 1:1.
Every grant dollar must be matched with at least one dollar of
			 non-grant funds. The grant application must include a work plan, which consists
			 of a hand-drawn or digitally produced sketch of the proposed project. A work
			 plan is a plan view of the road with all planned features such as pipes,
			 aggregate, underdrain, surface features, etc. Applicants may use the space
			 provided on the back of the grant application for the work plan. The grant
			 application must also include a map that identifies where the project is
			 located with a clear delineation of the water body that will be impacted by the
			 project. The water body must be named.
* General Program Contracts.
* Program Statement of Policy: Program Statement of Policy
			 required on all Program grants.
* DRS Standards and policies: Any policies adopted by DRS and its
			 Commission.
Applications that DRS deems complete and potentially acceptable
			 to the Program should be forwarded to the Committee for review and
			 prioritization. The Committee will review and prioritize applications based on
			 established written criteria and make funding recommendations to the DRS and
			 its Commission. The Committee operates in an advisory capacity only.
All applications for funding must be approved by the DRS'
			 Commission, Governor's Office and the Arkansas Legislature. All applicants
			 shall be notified in writing of the funding decisions of the DRS and its
			 Commission.
Note: A county cannot begin on any part of the project
			 until they have received their grant funds.
Project Monitoring
Project monitoring is designed to answer three questions:
1. Did the project succeed in reducing
		  sediment pollution from leaving a worksite?
2. Are the ESM practices installed correctly
		  and will less sediment enter a priority water body as a result of this
		  project?
3. Was drainage
		  disconnection achieved thereby reducing erosion?
Field data will be collected by Program staff and other
			 stakeholders as assigned to answer these questions. A modified water erosion
			 prediction project (WEPP) for roads will be used to collect pre- and
			 post-project data to determine the amount of sediment reduction achieved at a
			 worksite. Results will be reported as tons of sediment reduced per mile of
			 road.
Field data collection will require three site visits by Program
			 staff, or others as assigned. WEPP data sheets will be completed:
1) before the project begins, and;
2) five days after project completion date.
		  WEPP analysis will be used to produce sediment reduction yields. Five
		  repeatable photo-points will also be installed during these site visits.
Approximately one year later Program staff will return to the
			 project site to perform a project walk through to ensure the project is still
			 operational and reducing sediment. Photo-points will be repeated. Program staff
			 (or others as assigned) will complete simple project completion report
			 worksheet that will summarize the project implementation to ensure the grant
			 was completed to achieve the grant objectives.
At least four percent (4%) of the awarded grant amount will be
			 available to be spent on project monitoring. This amount will be included in
			 the grant from DRS to the grant recipient. The recipient will use this amount
			 to pay for all/part of the required monitoring.
Final Inspection
Upon project completion, a final inspection must be scheduled
			 on-site involving the DRS, AACD, or its assigns and the grant recipient. Final
			 inspections should be completed within five days after work is complete, so any
			 remediation can be done while equipment is still on site if needed. Other
			 entities such as personnel from DRS, Program stakeholders, and sub-contractors
			 to the grant recipient should be encouraged to participate. The purpose of the
			 final inspection is to:
* Verify the project is completed in accordance with Program
			 standards and to the satisfaction of the DRS;
* Verify that all work elements classified as "in-kind services"
			 are also completed in accordance with Program standards and to the satisfaction
			 of DRS;
* Verify that work elements proposed in the work plan have been
			 properly installed; and
* Allow DRS to summarize the project work elements and costs on
			 the Project Completion Report.
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Documents Needed for a Complete
			 Grant
In addition to the grant application with all questions answered
			 fully, counties must include the following in order for the application to be
			 complete:
[] A signed Certification Letter, enclosed with application, from
			 the local governing official (County Judge)
[] A Resolution passed by the quorum court enclosed with
			 application. The Resolution must have the county judge's signature, and the
			 signature of the city/county clerk.
[] Backup documentation for all items listed in the project cost
			 estimate. This includes written professional estimates for all items the
			 applicant is purchasing or receiving through donation. Only one bid is required
			 for each item.
[] Backup documentation for all items listed in the applicant's
			 funding source breakdown (local match). This includes copies of bank statements
			 for cash, letters indicating pledges of cash, and letters of intent to donate
			 all or part of the materials, supplies, equipment and/or equipment rental,
			 land, easements and in-kind labor being donated to the project. Applicants must
			 show they have raised their entire portion of the match in order to be
			 eligible.
[] An 8.5"x11" map of the area to be served by the proposed
			 project.
[] Items of public support. A letter of support from your local
			 governing State Senator and State Representative. These two letters are
			 required but a community could include support letters for the project from
			 members of the community as well.
[] Documentation of completion for the required best management
			 practices (BMPs) training for the county roads staff proposing the
			 project.
[] A simple project work sketch including a map that shows the
			 location of proposed project to a water body with a state or federal aquatic
			 species of concern and/or water body that supplies drinking water for
			 people.
[] Identification of the proposed work elements to minimize
			 sediment leaving the roads system post-project.