Governor and Executive Council Agenda item PDF - 2026-01-07 - agenda 5

Meeting Date

2026-01-07

Attachment Kind Label

Agenda item PDF

Attachment Relation

primary_meeting_attachment

Agenda Numbers

5

Agency Names

Department Of Transportation

Parent Meeting Title

Governor and Executive Council meeting - 2026-01-07

The State of New Hampshire

Department of Environmental Services

NHDES

Robert R. Scott, Commissioner

JAN 0 7 2026December 18

9^, 2025

Her Excellency, Governor Kelly A. Ayotte

and the Honorable Council

State House

Concord, New Hampshire 03301

REQUESTED AaiON

Authorize the Department of Environmental Services to amend an American Rescue Plan Act (ARPA) grant (PO#

1091026) to the Town of Walpole, NH (VC# 177271-BOOl), for the rehabilitation of Walpole Reservoir Dam by

reducing the grant limitation by $300,000 to $440,400, from $740,400 and amending the original scope, effective

upon Governor and Council approval through July 1, 2026. The original grant was approved by Governor and

Executive Council on February 8, 2023, Item #112. This is a grant reduction and scope amendment. 100% Federal

Funds.

EXPLANATION

The Department of Environmental Services (NHDES) is requesting approval of this amendment to reduce the

grant allotment, as the remaining expected costs are significantly less than originally estimated due to a revised

project scope. The scope of the project has been modified to focus on permitting and planning activities only, as

the original construction phase is no longer feasible within the remaining ARPA grant period.

The Town of Walpole was originally awarded ARPA funding to rehabilitate the Walpole Reservoir Dam, a High

Hazard dam currently rated in Poor Condition, which included design, permitting, bidding and construction

activities. The revised scope includes completion of dam and wetlands permitting, preparing final design and bid

documents based on permit conditions, updates to the Emergency Action Plan (EAP), and other associated

eligible project costs. The revised scope ensures the Town will be able to proceed to construction when

additional funding becomes available.

To date, $222,818.61 of the original $740,400 grant has been spent. The revised project budget is $440,400. The

remaining $300,000 in unused ARPA funds will be returned to NHDES for reallocation to other eligible projects.

This amendment has been approved by the Attorney General's Office as to form, substance and execution.

If federal funds become no longer available, general funds will not be requested to support this program.

We respectfully request your approval of this item.

(bbert R. Scott

Commissioner

NHDES Website; www.des.nh.gov

P.O. Box 95, 29 Hazen Drive, Concord, New Hampshire 03302-0095

Teiephone: (603) 271-2513 • Fax: (603) 271-5171 • TDD Access: Reiay NH 1-800-735-2964

AMENDMENT #1

TO

AMERICAN RESCUE PLAN ACT (ARPA) GRANT AGREEMENT

BETWEEN THE

NEW HAMPSHIRE DEPARTMENT OF ENVIRONMENTAL SERVICES

AND

TOWN OF WALPOLE

This Agreement (hereinafter called the Amendment) is by and between the State of New Hampshire,

acting by and through its Department of Environmental Services (hereinafter referred to as the State), and the

Town of Walpole acting by and through its Town Selectboard Chair, Steven Dalessio (hereinafter referred to as

the Grantee).

WHEREAS, pursuant to an Agreement (hereinafter called the Agreement) approved by the Governor and

Council on February 8, 2023, the Grantee agreed to perform certain services upon the terms and conditions

specified in the Agreement and in consideration of payment by the State of certain sums as specified therein;

and

WHEREAS, The Grantee and the State have agreed to amend the Agreement in certain respects;

NOW THEREFORE, in consideration of the foregoing, and the covenants and conditions contained in the

Agreement and set forth herein, the parties hereto do hereby agree as follows:

1. Amendment and Modification of Agreement: The Agreement is hereby amended as follows:

(A) The Grant Limitation as set forth in sub-paragraph 1.8 of the Agreement shall be reduced to

$440,400, from $740,400.

(B) The grant award as set forth in the third paragraph of Exhibit C shall be reduced to $440,400, from

$740,000.

(C) Delete Exhibit B and replace with Exhibit B - Amendment 1. Exhibit B - Amendment 1 is attached

hereto and incorporated into this amendment and agreement by reference.

2. Effective Date of Amendment: This Amendment shall take effect upon the date of approval of this

Amendment by the Governor and Executive Council of the State of New Hampshire.

3. Continuance of Agreement: Except as specifically amended and modified by the terms and conditions of

this Amendment, the Agreement, and the obligations of the parties thereunder, shall remain in full force

and effect in accordance with the terms and conditions set forth therein.

Robert R. Scott, Comrfttssioner Date Steven Dalessio, Town Selectboard Chair Date

Department of Environmental Services Town of Walpole

Assistant Attorney General Date

Department of Justice

(as to form, substance, and execution)

ARPA High Hazard Dam Grant

Grant Agreement Amendment No. 1

Town of Walpole

TOWN OF WALPOLE

AMERICAN RESCUE PLAN ACT (ARPA) GRANT

EXHIBIT B - AMENDMENT 1

SCOPE OF SERVICES

The Town of Walpole will use American Rescue Plan Act (ARPA) grant funds for the rehabilitation of the Walpole

Reservoir Dam, a High Hazard Dam. The project will be carried out in accordance with current dam safety

requirements and regulatory standards. Grant funds will support engineering and permitting activities necessary

to advance the project through design and regulatory approval stages.

The revised scope of work includes the following key tasks:

Wetland delineation and classification as necessary for permitting.

Geotechnical evaluation, including subsurface investigations and stability analyses.

Hydrology and hydraulics analysis, including breach modeling and updates to meet regulatory

requirements.

Preliminary and design development phases, including engineering design of selected alternatives.

NHDES wetlands and dam permitting, including a mitigation fee for potential in-lieu mitigation through

the Aquatic Resource Mitigation (ARM) Fund.

Response to NHDES comments on wetlands and dam permitting.

Preparation of construction plans and specifications.

Preparation of final construction cost opinion.

Updates to the Emergency Action Plan to reflect proposed conditions.

Development of an Operation and Maintenance Manual for the rehabilitated dam.

Ongoing coordination with the client and NHDES throughout the design and permitting process.

Note: Construction and bid administration are not included in the current scope or cost estimate. Construction

administration and contractor costs have been removed from the budget at this stage.

As a condition of ARPA funding, the Town of Walpole is responsible for complying with all applicable federal,

state, and local regulations, including those governing dam construction and reconstruction under Chapter Env-

Wr 400. The Town must also obtain all necessary permits and approvals for the project.

Additionally, the Town will be required to provide periodic progress updates and submit a final project report

upon completion of the funded scope.

This Agreement consists of all documents found in Item 112 approved by the Governor and Council on February

8, 2023, which are all incorporated herein by reference as if fully set forth herein.

ARPA High Hazard Dam Grant

Grant Agreement Amendment No. 1

Town of Walpole Grantee Initials

Date IiITjO^

NHDES-C-10-003

A*NEW HAMPSHIRE CERTIFICATE OF VOTE OF AUTHORIZATIONDEPARTMENT OF

Environmental GRANTS ONLY

Services

American Rescue Plan Act (ARRA)

A Certificate of Vote of Authorization is a certificate that states that a grant applicant is willing to enter into a grant

agreement with the State of NH Department of Environmental Services and that whoever signs the Grant Agreement

(provided under separate cover) has the authority to do so. The Certificate must be signed and notarized on the same date

as, or within 30 days of, the Grant Agreement signature. This is a three-person form: Person Completing this Form,

Authorized Representative, and a Public Notary.

□completed and signed by someone other than the person being given authority.

□Must be notarized.

□original is required for submittal.

Certificate of Vote of Authorization

Town of Walpole

34 Elm Street, PO Box 729, Walpole, NH 03608

I, Meghan Hansson of the Town of Walpole do hereby certify that at a meeting held on 12/11/2025, the

Selectboard voted to enter into a American Rescue Plan Act Fund (ARPA) grant agreement with the New

Hampshire Department Environmental Services to fund a Dam improvement project.

The Town of Walpole further authorized Steven Dalessio, Chair of the Selectboard, to execute any documents

which may be necessary to effectuate this grant agreement.

IN WITNESS WHEREOF, I have hereunto set my hand as Town Clerk of the Town of Walpole, the 11**^ day of

December, 2025.

Meghan Hansson Signature:

STATE OF NEW HAMPSHIRE, Coun^ of Cheshire

On this 11^^ day of December 2025, Sarah E. Downing, before me (Notary Public) the undersigned Officer,

personally appeared. Meghan Hansson, who acknowledged herself to be the Town Clerk of the Town of Walpole,

being authorized so to do, execute the foregoing instrument for the purpose therein contained.

In witness thereof, I have set my hand and official seal.

Notary Public Sarah E Downing My commission expires: September 15, 2026 s |v,y |

= Cfl i COMMISSION i iu:

C. C Ci. ^ EXPIRES /rc;^ 9/15/2026 /9/15/2026

www.des.nh.gov

29 Hazen Drive • PO Box 95 • Concord, NH 03302-0095

(603) 271-3503 • TDD Access: Relay NH 1-800-735-2964

Rev. 2022-09

Prlmex^NH Public Risk Manogement Exchange CERTIFICATE OF COVERAGE

The New Hampshire Public Risk Management Exchange (Primex^) is organized under the New Hampshire Revised Statutes Annotated, Chapter 5-B,

Pooled Risk Management Programs, in accordance with those statutes, its Trust Agreement and bylaws, Primex^ is authorized to provide pooled risk

management programs established for the benefit of political subdivisions in the State of New Hampshire.

Each member of Primex^ is entitled to the categories of coverage set forth below, in addition, Primex' may extend the same coverage to non-members.

However, any coverage extended to a non-member is subject to all of the terms, conditions, exclusions, amendments, rules, policies and procedures

that are applicable to the members of Primex^ including but not limited to the final and binding resolution of all claims and coverage disputes before the

Primex' Board of Trustees. The Additional Covered Party's per occurrence limit shall be deemed included in the Member's per occurrence limit, and

therefore shall reduce the Member's limit of liability as set forth by the Coverage Documents and Declarations. The limit shown may have been reduced

by claims paid on behalf of the member. General Liability coverage is limited to Coverage A (Personal Injury Liability) and Coverage B (Property

Damage Liability) only, Coverage's C (Public Officials Errors and Omissions), D (Unfair Employment Practices), E (Employee Benefit Liability) and F

(Educator's Legal Liability Claims-Made Coverage) are excluded from this provision of coverage.

The below named entity is a member in good standing of the New Hampshire Public Risk Management Exchange. The coverage provided may,

however, be revised at any time by the actions of PrimexT As of the date this certificate is issued, the information set out below accurately reflects the

categories of coverage established for the current coverage year.

This Certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend, extend, or

alter the coverage afforded by the coverage categories listed below.

Participating Member: Member Number:

Town of Walpole 316

34 Elm Street

PO Box 729

Walooie. NH 03608

Company Affording Coverage:

NH Public Risk Management Exchange - Primex^

PO Box 23

Hooksett, NH 03106-9716

Type of Coverage Effective Date

(mm/dd/vwv)

Expiration Date

(mm/dd/vwv) Limits - NH Statutory Limits May Apply, If Not:

X General Liability (Occurrence Form)

Professional Liability (describe)

□ m'T □

1/1/2026 MM2Q27 Each Occurrence $ 2,000,000

General Aggregate $ 10,000,000

Fire Damage (Any one

fire)

Med Exp (Any one person)

X Au

De

tomoblle Liability

ductible Comp and Coll: $1,000

Any auto

1/1/2026 1/1/2027 Combined Single Limit

(Each Accident)

Aggregate

$ 2,000,000

$ 10,000,000

X W(}rkers' Comoensatlon & Emolovers' Liability 1/1/2026 1/1/2027 X Statutory

Each Accident $ 2,000,000

Disease — Each Employee $ 2,000,000

Disease — Policy Limit

X Property (Special Risk includes Fire and Theft) 1/1/2026 1/1/2027 Blanket Limit, Replacement

Cost (unless otherwise stated) Deductible:

$1,000

Description: Proof of Primex Member coverage only. Pollution and hazardous waste related liabilities, expenses and claims are

excluded from coverage In the coverage document.

CERTIFICATE HOLDER: Additional Covered Party Loss Payee Primex' - NH Public Risk Management Exchange

By; THa/uf 'PoficrU

Date: 12/3/2025 mpurcell@nhprimex.orqState of NH, Department of Environmental Services

29 Hazen Drive, P.O. Box 95

Concord, NH 03302-0095

Please direct inquires to:

Primex' Claims/Coverage Services

603-225-2841 phone

603-228-3833 fax

The State of New Hampshire

Department of Environmental Services

NHDES

Robert R. Scott, Commissioner

January 13, 2023

His Excellency, Governor Christopher T. Sununu

and the Honorable Council

State House

Concord, New Hampshire 03301 APPROVED G & C

DATE

REQUESTED ACTION,,

item n \\9.

Authorize the Department of Environmental Services to award a grant to the Town of Walpole, NH (VC#

177271-BOOl) in an amount not to exceed $740,400 for the rehabilitation of Walpole Reservoir Dam,

effective upon Governor & Council approval through July 1, 2026.100% Federal Funds.

Funding is available in the following account:

FY 2023

03-44-44-440010-2657-072-500574 $740,400

Dept Environmental Services, ARPA DES Dams, Grants Federal

Activity Code: 00FRF602GS4402B

EXPLANATION

NHDES is requesting approval to enter into a grant agreement using American Rescue Plan Act 2021

(ARPA) funds with the Town of Walpole. The town will use the grant funding to rehabilitate Walpole

Reservoir Dam, a dam that is classified as a High Hazard because its failure would likely result in loss of

life downstream. The dam is also currently rated in Poor Condition because it does not have sufficient

discharge capacity to safely pass the design flood for a High Hazard dam.

ARPA is a $1.9 trillion economic stimulus bill passed by the 117*'^ United States Congress and signed into

law by President Biden on March 11, 2021, to speed up the United States' recovery from the economic

and health effects of the COVID-19 pandemic and the resultant recession. The Act defines eligible uses

of the state and local funding, including responding to public health emergencies, responding to workers

performing essential work during the COVID-19 emergency, providing revenue relief to states and

making investments in water, sewer, and broadband infrastructure. This is an allowable use of ARPA FRF

funds under Section 602 (c)(1)(D) to make necessary investments in general government services.

NHDES established a dam rehabilitation/removal grant program for municipally owned High Hazard

dams in Poor or Unsatisfactory condition. The goal of the grant program is to assist municipalities in

achieving compliance with current state dam safety standards and reduce or eliminate risk to lives and

property within inundated areas downstream of those dams. A portion of the grant award may be used

DES Website: www.des.nh.gov

P.O. Box 95, 29 Hazen Drive, Concord, New Hampshire 03302-0095

Telephone: (603) 271-2513 • Fax: (603) 271-5171 • TDD Access: Relay NH 1-800-735-2964

His Excellency, Governor Christopher T. Sununu

and the Honorable Council

to fund non-construction related activities including, among others, engineering and design, permitting,

bidding/construction contract services, and project management and reporting.

NHDES selected awardees for the dam rehabilitation/removal grants from applicants with municipally

owned High Hazard dams that are considered to be in Poor or Unsatisfactory condition. Eligible

applications, submitted by municipalities, were reviewed and ranked by a NHDES review committee

utilizing evaluation criteria that included the downstream population and infrastructure at risk if the dam

were to fail, the benefits of the impoundment that would be lost If the dam were to fail, the current

condition of the dam, and the ability of the municipality to obligate and expend the grant funds within

the deadlines established under ARPA. NHDES intends to fund all nine of the qualifying applications

received. See Attachment A for the list of projects.

In the event federal funds become no longer available, general funds will not be requested to support

this program. This grant agreement has been approved by the Attorney General's Office as to form,

substance, and execution.

We respectfully request your approval of this item.

l^bert R. Scott

Commissioner