Register

Rusk, Ladysmith High School, Auditorium, 1700 Edge wood Ave. E., Ladysmith

St. Croix, WI Indianhead Tech College, Cashman
Auditorium, 1019 S. Knowles Ave., New Richmond

Sauk, Al Ringling Theater, 136 4th Ave., Baraboo

Sawyer, Hayward High School, Hayward

Shawano, Shawano Middle School, 1050 S. Union St., Room LGI, Shawano

Sheboygan, Sheboygan Falls High School, Auditorium, 220 Amherst Ave., Sheboygan Falls

Taylor, Taylor County Fairgrounds, Multi-purpose Bldg., Medford

Trempealeau, Whitehall City Center, Auditorium, 36245 Park St., Whitehall

Vernon, Viroqua Middle School, Large Lecture Room, Blackhawk Drive, Viroqua

Vilas, Plum Lake Community Building, Golf Course Rd., Sayner

Walworth, Delavan Darien High School, Auditorium, 150 Cummings St., Delavan

Washburn, Agriculture Research Station, Hwy. 70E, Spooner

Washington, Washington County Fairgrounds, Exhibit Hall, 3000 Hwy. P.V., West Bend

Waukesha, Waukesha County Expo Center, 1000 North View Rd., Waukesha

Waupaca, Waupaca High School, Auditorium, E2325 King Rd., Waupaca

Waushara, Wautoma High School, Performing Arts
Center, 514 S. Cambridge, Wautoma

Winnebago, Oshkosh North High School, Auditorium, 1100 W. Smith, Oshkosh

Wood, Pittsville High School, Gymnasium, 5407 1st Ave., Pittsville

NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request, Please call Candy Knutson at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

Written comments on the proposed rule revisions for fisheries may be submitted to Mr. Tim Simonson, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707. Written comments on the proposed rule revisions for wildlife may be submitted to Mr. Pat Beringer, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707. Written comments shall be postmarked no later than April 10, 2001. Written comments will have the same weight and effect as oral statements presented at the hearings. Written comments will NOT, however, be counted as spring hearing votes.

A copy of the proposed rules and fiscal estimates may be obtained from Ms. Candy Knutson, Bureau of Legal Services, P.O. Box 7921, Madison, WI 53707 or by calling [phone].

Fiscal Estimate

Bureau of Wildlife Management. New turkey management zones. The creation of 2 new management zones would result in an estimated $3,500 in revenue generated from license and stamp sales.

We do not estimate that the other rule proposed will result in an increase or decrease in revenues or expenditures for Wildlife program.

Bureau of Law Enforcement. For a majority of these issues and rule changes, there will be no net change in FTE hours or expenditure of new funds. The change will only be in terms of method of enforcement tactic used and definition of terms within said rules. Wardens will use existing equipment and existing hours to enforce these rules.

In regards to the issues which may possible result in a change in FTE hours or expenditure of funds, (addition Turkey Zones, Longer Trapping season, etc.), it's expected that these additional hours and expenditures can be absorbed within our current budgetary allotments.

Notice of Hearings

Natural Resources

(Environmental Protection—General, Chs. NR 100—)

[CR 00-25 through CR 00-36]

NOTICE IS HEREBY GIVEN that pursuant to ss. 92.15, 227.11(2)(a), 281.16, 281.19, 281.33(4), 281.41, 281.65, 283.001, 283.11, 283.13, 283.31 and 283.37, Stats., interpreting ss. 29.15, 281.11, 281.12, 281.16, 281.19, 281.20, 281.33, 281.41, 281.65, 281.66, 281.96, 281.97, 281.98, 283.001, 283.11, 283.13, 283.19, 283.31, 283.33, 283.37, 283.53, 283.55, 283.59, 283.63 and 283.83, Stats., the Department of Natural Resources will hold public hearings on the repeal and recreation of ch. NR 120, Wis. Adm. Code, relating to the priority watershed management program, the creation of ch. NR 151, Wis. Adm. Code, relating to runoff management performance standards and prohibitions, the creation of ch. NR 152, Wis. Adm. Code, relating to model ordinances for construction site erosion control and storm water management, the creation of ch. NR 153, Wis. Adm. Code, relating to the targeted runoff management grant program, the creation of ch. NR 154, Wis. Adm. Code, relating to best management practices, conditions and technical standards, the creation of ch. NR 155, Wis. Adm. Code, relating to the creation of the urban nonpoint source and storm water management grant program, revisions to ch. NR 216, Wis. Adm. Code, relating to storm water discharge permits, and the repeal and recreation of ch. NR 243, Wis. Adm. Code, relating to animal feeding operations.

Chapter NR 120 is the rule under which the Department currently administers the nonpoint source water pollution abatement program. Chapter NR 120 as recreated contains changes in three main areas including scope of the chapter, cost-share administration and critical sites administration. There are three main changes in the scope of the rule. The process for selecting priority watershed and lake projects has been eliminated entirely. Provisions dealing with rural local assistance grants have been deleted and moved to ch. ATCP 50 for administration by the Department of Agriculture, Trade and Consumer Protection. Provisions dealing with urban nonpoint source grants are retained in the code to accommodate county administration of urban portions of their priority watershed projects. The section that identifies best management practices eligible for cost sharing and applicable cost share conditions are also retained in ch. NR 120.

Changes in cost share administration include an increase in priority watershed project periods, changes in cost share rates for several best management practices, modified criteria for determining economic hardship and restrictions on cost share reimbursements to rural grantees that exceed the expenditure amounts established by the department. Changes in critical sites administration include added flexibility in the notification schedule and an explicit requirement that grantees cover all critical sites needs provided that adequate cost sharing is made available by the department.

Chapter NR 151 is a new chapter that establishes runoff pollution performance standards for nonagricultural practices, including transportation and performance standards and prohibitions for agricultural facilities and practices. These standards are intended to be minimum standards of performance necessary to achieve water quality standards. The chapter also specifies a process for the development and dissemination of department technical standards to implement the non-agricultural performance standards. In some areas of the state, where the performance standards may not achieve the desired water quality, the chapter proposes a process to establish, by rule, more site specific targeted performance standards. The code also includes requirements for department review of local livestock operation ordinances that exceed state performance standards and prohibitions for agricultural sources of pollution. The chapter also establishes implementation and enforcement provisions for the performance standards and prohibitions. This section has been expanded to include a more detailed strategy for coordination and sharing responsibility for implementation and enforcement between the state and local government, a revised method for determining economic hardship and a method to achieve better integration of state and local resource management issues through grant allocations.

Additional modifications to proposed ch. NR 151 include substituting riparian buffer options for the previous 0.33 T standard, a change in the way “new" and “expanded" facilities are defined, clarification of water quality management areas in regards to groundwater concerns, a shift in the erosion control performance standard from 80% control of sediment to maximum extent practicable with a goal of 80%, further clarification of when and where the infiltration performance standard is to be met, expansion of the buffer standard to reflect differing water resources, the inclusion of a performance standard on nutrient and pest management for large, nonmunicipal pervious areas and refinement of the transportation subchapter to address unique features of a transportation facility.

Chapter NR 152 is intended to secure voluntary uniformity of regulations that affect municipalities. It contains, as appendices, model ordinances for both storm water management and for construction erosion control sites exclusive of building construction. The performance standards included in the ordinances are taken from ch. NR 151. Adoption of the ordinances on the part of local units of government is voluntary.

Chapter NR 153 contains policy and procedures for administering the targeted runoff management grant program. The department currently administers priority watershed and priority lake projects under ch. NR 120. The department will select projects for funding by using the competitive scoring system established in ch. NR 153. The department will score and select projects annually with advice from the Wisconsin Land and Water Conservation Board. The scoring system considers fiscal accountability, cost effectiveness, water quality, extent of pollutant control, project evaluation and monitoring, likelihood of success and regulatory storm water management requirements for the City of Racine. Projects can be up to 3 years in duration unless the department grants an extension, limited to one year. Projects will be consistent with county land and water resources management plans prepared under ch. ATCP 50 and department priorities established on a geographic basis. Projects are not limited to implementation of state nonpoint source performance standards in ch. NR 151, but it is expected that many projects will focus on compliance with these standards. Projects may be located anywhere in the state, including areas within and outside of existing priority watershed and priority lake projects.

Chapter NR 154 identifies cost-effective best management practices, cost-sharing eligibility restrictions and technical standards for use with department cost-sharing. The rule specifies the conditions that apply to all best management practices and the conditions, standards and specifications that apply to cost-shared best management practices. Rural best management practices to comply with performance standards are also contained in ch. ATCP 50.

Chapter NR 155 is a new rule containing policy and procedures for administering the urban nonpoint source and storm water management grant program. The department may make grants under this program to governmental units for practices to control both point and nonpoint sources of storm water runoff from exiting urban areas, and for plans developing urban areas and areas of urban redevelopment. Urban areas include commercial land use, industrial land use (excluding nonmunicipal industrial areas regulated under ch. NR 216) or areas with a population density of at least 1,000 persons per square mile. In order to receive a grant, the governmental unit with jurisdiction over the project area must assure adequate implementation of a comprehensive storm water management program.

The department will select projects for funding by using the competitive scoring system in the rule. The department will score and select projects every other year. The scoring system considers fiscal accountability, cost effectiveness, water quality, extent of pollutant control, project evaluation and monitoring, likelihood of success and regulatory storm water management requirements for the City of Racine. Projects will be consistent with department priorities established on a watershed or other geographic basis. Projects can be up to 2 years in duration unless the department grants an extension, limited to one year.

Chapter NR 216 establishes criteria and procedures for issuance of storm water discharge permits to certain construction sites, industrial facilities and municipalities to limit the discharge of pollutants, carried by storm water runoff into waters of the state. Chapter NR 216 is primarily being revised to incorporate nonagricultural performance standards in proposed ch. NR 151, subchs. III and IV. As revised, components of construction and municipal storm water discharge permits including storm water management programs, pollutant loading assessments, storm water pollution prevention plans, construction erosion control plans, and storm water management plans will need to meet the nonagricultural performance standards. Additional changes to this chapter are also being proposed to clarify the existing requirements of this chapter.

Chapter NR 243 is intended to implement design standards and accepted animal waste management practices for concentrated animal feeding operations that are classified as point sources. It also establishes the criteria under which the department may issue a notice of discharge (NOD) or a permit to other animal feeding operations that discharge pollutants to waters of the state.

One of the proposed changes to ch. NR 243 is to incorporate the agricultural performance standards and prohibitions into the NOD program. In addition, other changes are proposed to clarify or further define department procedures for large permitted animal feeding operations and other animal feeding operations. Some of the proposed changes to large permitted livestock facilities include clarification of manure management requirements, inclusion of requirements for composting and short-term stacking of manure, clarification of requirements for department approval of design structures and groundwater monitoring and clarification of requirements for mixed waste. Other revisions were made to delineate the circumstances under which the department may issue a notice of discharge or a permit. Finally, changes were made to establish procedures for issuing grants to local units of government to be used as cost sharing to animal feeding operations that receive an NOD.

Initial Regulatory Flexibility Analysis

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., the proposed rules may have an impact on small businesses. The initial regulatory flexibility analysis for agricultural small businesses is as follows:

a. Types of small businesses affected: Crop and livestock producers

b. Description of reporting and bookkeeping procedures required: For livestock operations with less than 1,000 animal units or crop producers, the reporting, bookkeeping and other procedures required to achieve compliance with applicable performance standards and prohibitions are dependent on the type of performance standard or prohibition. In general, the required bookkeeping procedures are designed to document that an operation is complying with performance standards and prohibitions. For livestock operators with 1,000 animal units or more, annual reports are required for the land application of manure as well as some reporting requirements for compliance issues and groundwater monitoring. It is not expected that reporting requirements will be any different than those currently used.

c. Description of professional skills required: While the performance standards and prohibitions establish an acceptable level of performance for agricultural operations, the level of professional skills required for compliance with the performance standards depends on the performance standard or prohibition. For permit requirements for large operators, the type of professional skills needed to comply with the rule are not expected to be significantly different from the skills needed to meet existing rules.

The initial regulatory flexibility analysis for nonagricultural small businesses is as follows:

a. Types of small businesses affected: Any small business if constructing a new building where the land disturbance exceeds 5 acres or an industrial facility that requires storm water discharge permit coverage under subch. II of ch. NR 216.

b. Description of reporting and bookkeeping procedures required: A small business must submit a Notice of Intent prior to construction. Part of the submittal includes the development of an erosion and sediment control plan, a storm water management plan. Industrial facilities subject to subch. II of ch. NR 216's permitting requirements must prepare an industrial storm water pollution prevention plan where needed. This is already required in the current ch. NR 216. Both types of facilities will need to comply with the nonagricultural performance standards in proposed ch. NR 151.

c. Description of professional skills required: Depending on the site and size of a facility, the creation of the plans may require the assistance of a licensed professional engineer. The need to hire a consultant already exists under the current ch. NR 216.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 1.11, Stats., and ch. NR 150, Wis. Adm. Code, the Department has prepared an Environmental Assessment for this action. The Department has made a preliminary determination that the proposal will not cause significant adverse environmental effects and that an Environmental Impact Statement will not be required.

NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:

March 12, 2001 Monday	Richland Center Community Center 600 W. Seminary Street Richland Center at 1:00 p.m. and 6:00 p.m.
March 13, 2001 Tuesday	Best Western Midway Hotel 2851 Hendrickson Drive Eau Claire at 1:00 p.m. and 6:00 p.m.
March 14, 2001 Wednesday	Fitchburg Community Center 5520 Lacy Road Fitchburg at 1:00 p.m. and 6:00 p.m.
March 19, 2001 Monday	Room 233, UW-Marathon Center 518 South 7th Avenue Wausau at 1:00 p.m. and 6:00 p.m.
March 20, 2001 Tuesday	Christie Theater UW-Green Bay Union 2420 Nicolet Drive Green Bay at 1:00 p.m. and 6:00 p.m.
March 22, 2001 Thursday	Room BO201/202 Waukesha Co. Technical College 800 Main Street Pewaukee at 1:00 p.m. and 6:00 p.m.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request, Please call Carol Holden at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

Written comments on the proposed rules and Environmental Assessment may be submitted to Carol Holden, DNR Runoff Management Section, P.O. Box 7921, Madison, WI 53707 no later than April 6, 2001. Written comments will have the same weight and effect as oral statements presented at the hearings.

A copy of the proposed rules, Environmental Assessment and fiscal estimates may be obtained from Ms. Holden.

Fiscal Estimates

Ch. NR 120 - Many of the changes to ch. NR 120 are mandated by statute. These statutorily mandated changes include: elimination of new project selection (1997 Wis. Act 27); transfer of rural local assistance grant administration to DATCP (1999 Wis. Act 9); elimination of supplemental cost sharing based on match provided by the local governmental unit (1997 Wis. Act 27); and restrictions on reimbursements that can be made to grantees who exceed the annual expenditure amounts established by the Department (1997 Wis. Act 237). In addition, 1999 Wis. Act 9 essentially required the Department to increase its cost share rates to 70% in order to implement agricultural performance standards established under 1997 Wis. Act 27. Under Act 27, at least 70% cost sharing must be made available before the performance standards can be enforced for existing practices and facilities. There is no net fiscal impact related to the cost share changes because the available funding will simply be distributed among fewer grantees. However, the fiscal impact of transferring rural local assistance grant administration to DATCP - including calculating local assistance grant awards, monitoring spending, and issuing grant documents and award payments - represents a savings of 0.25 FTE and $9100 in salary-related savings to the Department ($17.34/hr x 520 hours).

Ch. NR 151 - State impacts - Ch. NR 151 performance standards will primarily be implemented through existing programs in ch. NR 216 (Storm Water Discharge Permits) and ch. NR 243 (Animal Waste Management), and also through chs. NR 153 and 155 (Runoff Management Grants Program). The Department estimates an increased workload of 10.0 FTE annually related to implementing the ch. NR 151 performance standards, detailed as follows:

Agricultural Performance Standards (Subchapter II of ch. NR 151):

a. Implementing these standards will require approximately 0.5 FTE per region for evaluation, guidance and information and education--or 2.5 FTE statewide. These water resource engineer positions will assist with field investigations, provide guidance to Department and county staff on implementing agricultural performance standards and prohibitions, and conduct outreach efforts to inform and educate landowners and the public on agricultural performance standards and prohibitions. These positions would also provide support to modeling efforts and in-field evaluations designed to determine the effectiveness of agricultural performance standards and prohibitions. This would be an ongoing work effort with approximately 1040 hours per year per region. Salary-related costs associated with these positions equal (1040 hours x $28.36/hr x 5 regions = $147,500).

b. Implementing these standards will also require approximately 0.5 FTE per region for enforcement - or 2.5 FTE statewide. These positions would be water resource management specialists working on enforcement actions associated with implementation of agricultural performance standards for crop producers (performance standards and prohibitions for livestock producers will be handled through ch. NR 243). These positions would work with counties in enforcing county ordinances and serve as the lead in enforcement in counties not enacting ordinances. This would be an ongoing work position requiring about 1040 hours annually per region. Salary-related costs associated with these positions equal (1040 hours x $23.29/hr x 5 regions = $121,100).

c. Implementing these standards will also require approximately 0.5 FTE statewide for reviewing ordinances. This water resource management specialist position would most likely be located in the Department's central office, responsible for reviewing local livestock operation ordinances that exceed statewide performance standards and prohibitions. In consultation with the Department of Agriculture, Trade and Consumer Protection, this position would be responsible for determining if local ordinances exceeding state wide performance standards and prohibitions are justified based on water quality concerns. Given the number of local governments that can enact ordinances and the fact that local ordinances regarding livestock operations are likely to be dynamic in nature as farming practices and the nature of local communities change, it is expected that this would be an ongoing position requiring about 1040 hours per year. The salary-related costs associated with this position are (1040 hours x $23.29/hr - $24,200).

Non-Agricultural Performance Standards, BMPs and Technical Standards (Subchapters II, IV and V of ch. NR 151: a. Implementing these standards will also require a water resource management specialist FTE for developing and revising technical standards for BMPs. This position would be the primary (lead) person working on items such as revising the Wisconsin Construction Site Best Management Practice Handbook and developing an infiltration technical standard. There are over 2080 hours of work to be done on the BMP handbook and infiltration standard and this does not include other technical standards that should be developed. Technical standard revisions will continue to be needed annually in the foreseeable future. The salary-related costs associated with this position are (2080 hours x $23.29/hr = $48,400).

b. Implementing these standards will also require a water resource management engineer FTE for modeling support and developing tools to measure BMP effectiveness. This position would be expected to become an expert at the different runoff models available such as P8 and SLAMM. This position would give support and training to consultants and other Department staff and would be modeling projects to evaluate the effectiveness of BMPs and give recommendations on BMP technical standards development. This is an ongoing position that would require approximately 2080 hours annually. The salary-related costs associated with this position are (2080 hours x $28.36/hr = $59,000).

c. Implementing these standards will also require a 0.50 FTE water resource management specialist per region for evaluation, guidance, and information and education - or 2.5 FTE statewide. This position would conduct field investigations to evaluation project implementation and give the general public and private consultants guidance, training, and education on the performance standards, BMPs, and technical standards. This ongoing work will require approximately 1040 hours annually per region. The salary-related costs associated with these positions are (1040 hours x $23.29/hr x 5 regions = $121,100).

Ch. NR 152 - Ch. NR 152 has no significant fiscal impact on either state or local governments. The only state fiscal impact is that associated with printing, distribution and information/education activity attendant to distributing the ordinances. It is anticipated that this can be done as part of the workload identified in the fiscal estimate for ch. NR 153. There is no impact to local units of government, as adoption of the ordinance is not required by this rule.

Ch. NR 153 - The Department anticipates increased workload totaling 2.0 FTE and increased annual costs of $112,500 associated with implementing ch. NR 153. The Department expects any local fiscal impacts to be minimal - if any - because the Department will maximize consistency between the administrative requirements of chs. NR 153, 155 and 120. There are a limited number of cases where the ch. NR 153 grant program will be the only way to honor existing grant obligations created under ch. NR 120 for non-county, non-urban grantees such as lake districts. These situations will be given top priority in the scoring system so that the Department can honor those commitments and the local governments can rely on the funding promised in the past.

Ch. NR 154 - Although there may be fiscal impacts associated with implementing the proposed changes to chs. NR 120, 151, and 243 (see related fiscal notes), there are no fiscal impacts to state or local government directly related to ch. NR 154).

Ch. NR 155 - The Department anticipates increased workload totaling 4.0 FTE and increased annual costs of $225,600 associated with implementing ch. NR 155. The Department expects any local fiscal impacts to be minimal - if any - because the Department will maximize consistency between the administrative requirements between chs. NR 153, 155 and 120. The Department has also assured grantees that existing priority watershed grant commitments created under ch. NR 120, and that will now be administered under ch. NR 155, will be given top priority in the scoring system so that the Department can honor those commitments and the local governments can rely on the funding promised in the past.

Ch. NR 216 - There will not be any additional financial costs to either state or local governments to implement the proposed changes to ch. NR 216, except those costs associated with meeting the performance standards of ch. NR 151. Since the additional fiscal impacts to state or local governments are due to implementation of ch. NR 151, the changes proposed to ch. NR 216 are assumed to have no cost to state or local governments. The frequency of reviewing erosion and sediment control plans and storm water management plans will continue at the same frequency. There will be no additional time spent on reviewing plans that will now be required to meet the performance standards under ch. NR 151. Note: See the fiscal estimate for ch. NR 151 for the fiscal effects of implementing the performance standards of ch. NR 151.

Ch. NR 243 -The fiscal impact on DNR will be an increase of 0.8 FTE in workload. This increase is the result of a shift in responsibility for administration of cost-share grants from DATCP to DNR for notices of discharge (NODs). This shift is the result of legislation contained in 1999 Wis. Act 9. The Department will continue to issue NODs to livestock feeding operations with unacceptable practices (practices that impact water quality or fail to comply with statewide performance standards and prohibitions in draft NR 151 Wis. Adm. Code). Cost-sharing is provided to livestock feeding operations who receive NODs to assist them financially in correcting unacceptable practices associated with manure management.

The Department has historically been only responsible for ensuring compliance with the NODs. The Department will now also handle grant administration functions including determining grant eligibility, preparing grants, reviewing grants and grant forms; tracking projects; developing and maintaining policy and procedures; and fiscal management functions including recording contracts, balancing accounts, maintaining files and dispersing funds.

DATCP staff currently handle the workload associated with cost-share grant administration for NODs. DATCP estimates that the decrease in staff workload associated with the shift of this responsibility to DNR is 7% of 10 grant management and policy FTEs and 10% of 1 fiscal management FTE.

Assuming that 7% of 10 FTEs + 10% of 1 FTE will be sufficient to address this workload:

7% x 1820 hrs. x 10 FTEs = 1274 hrs.
10% x 1820 hrs. x 1 FTE = 182 hrs.
  Total = 1456 hrs. = 0.8 FTE.

0.8 FTE x $65,000 (salaries, fringe and supplies and services) = $52,000

Some land conservation department staff may elect to assist in the administration of NODs in their county. It is estimated that approximately 1/3 of the counties in the state (24) will decide to participate. NOD activities are further estimated to entail an average of .10 FTE annually, or a total of 2.4 FTE statewide. Based on estimates of $50,000 per county FTE for salaries, fringe benefits and supplies and services, this will total $120,000 annually in local costs.

Notice of Hearings

Natural Resources

(Environmental Protection—General, Chs. NR 100—)

[CR 01-14]

NOTICE IS HEREBY GIVEN that pursuant to ss. 281.665 and 227.11(2)(a), Stats., interpreting s. 281.665, Stats., the Department of Natural Resources will hold a public hearing on the creation of ch. NR 199, Wis. Adm. Code, relating to the municipal flood control and riparian restoration grant program. The grant program provides 70% cost-sharing grants to cities, villages, towns and metropolitan sewerage districts to acquire or floodproof structures, purchase easements, restore riparian areas or construct flood control structures. Applications would be ranked based on avoided flood damages, restoration or protection of natural and beneficial functions of water bodies, use of natural flood storage techniques or environmentally sensitive detention ponds and enhanced recreation opportunities. The proposed rule establishes the eligibility, requirements and procedures for filing applications and awarding grants.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses.

NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.

NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:

March 13, 2001 Tuesday 10:00 a.m.

Video conference participation will be available at: Room 021, GEF #2 Building 101 S. Webster Street Madison Room 542, State Office Building 819 North 5th Street Milwaukee Room 618, State Office Building 200 North Jefferson Street Green Bay Room 139, State Office Building 718 North Clairemont Avenue Eau Claire Room B29, State Office Building 3550 Mormon Coulee Road La Crosse

NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request, Please call Gary Heinrichs at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

Written comments on the proposed rule may be submitted to Mr. Gary Heinrichs, Bureau of Watershed Management, P.O. Box 7921, Madison, WI 53707 no later than March 23, 2001. Written comments will have the same weight and effect as oral statements presented at the hearing. A copy of the proposed rule [WT 10-01] and fiscal estimate may be obtained from Mr. Heinrichs.