LIMITED REEVALUATION REPORT LOWER MUD RIVER LOCAL PROTECTION PROJECT MILTON, CABELL COUNTY, WEST VIRGINIA

VOLUME 2 REAL ESTATE PLAN

TABLE OF CONTENTS PARAGRAPH DESCRIPTION PAGE 1 PROJECT DESCRIPTION 1 2 PROJECT AUTHORIZATION 2 3 GENERAL DESCRIPTION OF AREA 2 4 GOVERNMENT OR SPONSOR OWNED LAND 3 5 FACILITIES TO BE RELOCATED 4 6 ACQUISITION CRITERIA 8 7 P.L. 91-646 RELOCATION ASSISTANCE DATA 9 8 NEPA, NHPA, HTRW 10 9 ACQUISITION ESTIMATE AND SCHEDULE 17 10 SPONSOR CAPABILITIES 19 EXHIBITS a. Site Index Map b. State Hazard Mitigation Officer with the Office of Emergency Services (FEMA) c. Sponsor Capability Checklist d. Sponsor letter e. General LRD Comments

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1. PROJECT DESCRIPTION. This Real Estate Plan (REP) covers the real estate necessary

for flood damage reduction measures in Milton, West Virginia. The Town of Milton is the non-

Federal sponsor. Typically, acquisition of lands, easements, rights-of-ways, relocations and

disposal lands (LERRD) would be the responsibility of the non-federal local sponsor. However,

the non-federal sponsor, the Town of Milton, has indicated that it wishes the Corps of Engineers

to perform the acquisition on its behalf. The town will be responsible for LERRD and operation

and maintenance. This is discussed further in Paragraph 10.

The proposed project is on the left descending bank of the Mud River. The levee starts on

the southern embankment of Route 60, approximately 1,350 feet east of its intersection with

John’s Creek Road. The levee follows the northern Mud River embankment for about 300 feet

before it heads in a southwesterly direction. At approximate station 20+50 the levee will cross

over what is now the existing Mud River. This portion of the river will be relocated. The levee

then continues westerly approximately 1,400 feet where it again crosses the existing Mud River.

Continuing westerly, it then follows the northern embankment of the Mud River on the northerly

side of the Milton Sanitary Lagoon, continuing westerly to the western embankment of Abbot

Street where it ties into high ground approximately 500 feet south of Route 60.

Property ownership maps and courthouse information indicate approximately 135 tracts

of land consisting of approximately 185 acres will be required for the proposed project. Of those

135 tracts, 53 tracts comprising about 150 acres of land will be acquired in fee for joint use

wetland and terrestrial mitigation purposes. Further project details follow in subsequent

paragraphs.

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In accordance with Chapter 12 of ER 405-1-12, this Real Estate Plan (REP) is being

submitted as Volume 2 of the Limited Reevaluation Report (LRR) for approval. This REP is to

be considered tentative in nature and for planning purposes only. Both the final real property

acquisition line and the estimate of cost are subject to change, even after this report is approved.

2. PROJECT AUTHORIZATION. Authority for the Lower Mud River, Milton, West

Virginia Limited Reevaluation Study is Section 580 of the Water Resources Development Act of

1996 (Public Law 104-303) adopted 12 October 1996.

3. GENERAL DESCRIPTION OF AREA. The real estate required for this report is located

in the State of West Virginia, Cabell County, Town of Milton, on the Mud River. Milton had an

estimated 2000 population of 2,206. Cabell County is the second largest county in the state with

an estimated 2000 population of 96,784. Flooding has played a significant role in the history of

Milton. Nearly the entire town lies within the 100-year floodplain.

A retail area is located in downtown Milton. Milton’s business district has several types of

commercial activities such as restaurants, pharmacies, gas stations, grocery stores and banks, as

well as churches, the town hall and fire station. Two schools will also be protected. U.S. Route

60 with its nearby intersection to Interstate 64 provides the main highway link for the town.

The history of Milton’s flooding problems dates back to the turn of the century. The Mud

River has been out-of-banks in Milton more than 70 times since 1938.

Flooding in Milton is caused by a combination of both natural and manmade conditions.

Intense rainfall on high runoff producing soils in the headwaters of the watershed results in a

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high volume of runoff. The steep stream gradients upstream from Milton combine with the

narrow valleys to create high flood peaks. These high peaks flow into Milton faster than the

flatter gradients downstream allow them to flow out. This creates a backwater condition that

inundates most of the residential and commercial areas in the city.

The most serious flooding in Milton occurs when floodwaters from Mud River back up and

overtop U.S. Route 60. Most of the commercial and residential areas of the city are located on

the north side of the highway. Flooding north of U.S. Route 60 also occurs from local drainage

as a result of high stages on Mud River that block drainage from outlets under the highway.

The 1978 flood was approximately a 30-year flood (frequency of occurrence) resulting

from 4.9 inches of rainfall over the watershed area in 23 hours. It produced a peak discharge of

14,600 cfs and overtopped U.S. Route 60 by about 1.8 feet. Approximately 500 homes and 100

businesses were flooded. Should a flood similar to the 1978 flood recur, damages would exceed

$30 million.

Approximately 8 inches of rain fell on the Lower Mud River Basin from February 28th to

March 3rd, 1997. This was the most damaging flood ever at Milton. The flood levels in the

downtown area were about 0.5 feet higher than in the December 1978 flood (the previous flood

of record). Hundreds of residences, businesses and two schools were damaged by flooding.

Some residences and businesses along U.S. 60 near the river had flood waters 1.5 to 2.0 feet over

their first floors.

4. GOVERNMENT OR SPONSOR-OWNED LAND. There is no known Government

owned land within the boundary of the proposed construction work limit (CWL). The project

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sponsor owns several tracts of land in the project area. FEMA has acquired approximately 14

tracts within the project area. The proposed project has been coordinated with FEMA, and a

copy of correspondence from Barry Macciocca, the State Hazard Mitigation Officer with the

Office of Emergency Services is included as Exhibit B. Preliminary investigations indicate that

many of the tracts the town owns were purchased by FEMA as part of their Hazardous Mitigation

Grant Program. This flood control project affects the former FEMA tracts with only flowage

easements. The issue of navigational servitude is not applicable to this project.

5. FACILITIES TO BE RELOCATED. Relocation Design Document Reports (DDR) for

the utilities and public facilities will be prepared in accordance with EFARS, Appendix Q and

will be used as a basis to negotiate relocations contracts with the affected owners. Preliminary

Attorney’s Opinions have been prepared and indicate a compensable interest exists for each of

the following impacted utilities and facilities unless otherwise noted. A contract between the

sponsor and the owner/operator of the facilities will be required to accommodate the proposed

project where appropriate. It is anticipated that any exchange of interest in lands required

for relocations or alterations will be within the proposed CWL and negotiated under a

relocation contract.

5.1 Utilities. Utilities possessing a compensable interest in land which may be affected by

the proposed project include natural gas, water, sanitary sewer, storm sewer, power, and

telephone. It is anticipated that any exchange of interest in lands required for

relocations or alterations will be within the proposed CWL and negotiated under

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a relocation contract with the utility companies.

5.1.1 Natural Gas. Based on the proposed levee alignment, borrow area, and relocated river

channel, the relocation and/or abandonment of natural gas lines, including both

distribution and transmission are required. Approximately 1,900 feet of 24” high

pressure transmission line, owned and operated by Union Oil & Gas, Inc., will require

relocation. About 900 feet of 12” high pressure natural gas transmission line, owned and

operated by Columbia Gas Transmission, passes under the proposed primary borrow area,

in a limited work limit (LWL) area, and, as a result, will be avoided and will not require

relocation. Southern Public Service Company owns and operates approximately 960 feet

of natural gas distribution lines and appurtenances which will also require relocation

and/or abandonment..

5.1.2 Water. Water line relocation work is required. Approximately 3,200 feet of water line

and appurtenances will require relocation and/or abandonment to accommodate the

proposed project. The Town’s water intake and weir will require relocation as a result of

the proposed relocation of the river channel.

5.1.3 Sanitary Sewer. The main sewage lift station for the Town is located along the proposed

levee alignment and will require relocation to accommodate the project. In addition,

about 3,200 feet of sanitary sewer line and appurtenances will require relocation and/or

abandonment.

5.1.4 Storm Sewer. Based on the proposed alignment of the levee, storm sewer line relocation

appears to be relatively minimal. It is estimated that the project will require about 1,000

feet of storm sewer line to be relocated and/or abandoned.

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5.1.5 Power. Power line relocation is required. Roughly 8,600 feet of single, two, and three

phase power lines and appurtenances will require relocation and/or abandonment to

accommodate the project.

5.1.6 Telephone. Verizon West Virginia, Inc. owns and operates about 2,500 feet of telephone

lines requiring relocation and/or abandonment.

5.2. Public Facilities. The public facilities affected by the proposed project possessing a

compensable interest include the following: Milton Middle School, State and county

roads, and Milton town streets and alleys.

5.2.1 Milton Middle School. Milton Middle School is located on approximately a 14.3 acre

tract along U.S. Route 60 just west of its intersection with County Route 25, and is owned

and operated, according to the preliminary attorney’s report, by the Cabell County Board

of Education. Currently, the school houses approximately 625 students in grades 6

through 8. A portion of the school’s property, not including the school building, will be

affected by the alignment of the proposed levee and an interior drainage ditch. An

existing gravel/dirt/grass running track will be severed by the proposed levee alignment,

and a paved lot in the rear of the school will be altered as a result of a proposed interior

drainage ditch alignment. About 7 acres of the 14.3 acre school tract will be affected by

the project, leaving the school with approximately 7 acres protected by the proposed levee

upon completion of the project. The West Virginia Department of Education has adopted

The Handbook on Planning School Facilities to provide guidelines to address the details

of evaluating and renovating existing school education facilities and the construction of

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new school facilities. For middle childhood/junior high education programs (grades 5-8),

the handbook suggests that a school site have a minimum of 11 usable acres plus 1

additional acre for every 100 pupils over 600 students. Section 203.04 of the handbook

states that suggested site acreages apply to traditional suburban schools, but where the

nature of the neighborhood is urban, the school site shall be urban in scale. In addition,

where the terrain limits the land available, this factor shall be considered. The actual

settlement with the Board of Education will be determined in the Relocations DDR and

Contract and will depend on the current need, size and function of the school at that time.

The Current Working Estimate (CWE) for the Milton Middle School relocation will

consider the settlement as proposed at that time.

5.2.2 State Roads. Construction of the project will affect West Virginia County Routes 25

and 25/7, and U.S. Route 60. A preliminary attorney’s report indicates a relocation

contract between the sponsor and the West Virginia Department of Transportation

Division of Highways (WVDOH), the owner of U.S. Route 60, will be required for any

construction on WVDOH right-of-way in order to accommodate the project. In

particular, U.S. Route 60 will be temporarily affected during the installation of a

proposed 72-inch culvert crossing U.S. Route 60 at Newman’s Branch. In addition, this

relocation contract would also address County Routes 25/7 and 25 which, according to a

preliminary attorney’s report, are owned, operated, and maintained by the WVDOH.

County Route 25/7 will be modified as a result of construction of a proposed gate closure

and will require closure from public travel during flood events as deemed necessary.

County Route 25 will be altered due to construction of the proposed levee. A relocation

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contract will be obtained for the right, title, and interest (subordination, conveyance, etc.)

in lands necessary for the construction, operation, and maintenance of the proposed

project.

5.2.3 Town Streets and Alleys. Several town streets and alleys are currently located, at least in

part, within the CWL of the proposed project. In particular, Abbot and Damon Streets

currently cross the proposed levee alignment and will require modification due to

construction of the proposed project. A preliminary attorney’s report indicates the Town

of Milton, the owner of the town streets and alleys will be required to alter these facilities

to accommodate construction of the project.

5.2.4 Final Determinations. Any conclusion or categorization contained in this report that an

item is a utility or facility relocation to be performed by the non-federal sponsor as part of

its land acquisition responsibilities is preliminary only. The Government will make a

final determination of the relocations necessary for the construction, operation, or

maintenance of the project after further analysis and completion and approval of final

attorney’s opinions of compensability for each of the impacted utilities and facilities.

6. ACQUISITION CRITERIA. To accomplish the acquisition of real estate interests in the

proposed Lower Mud River Local Protection Project, it is proposed to acquire 53 tracts

(approximately 150 acres) of standard fee estates, and 82 tracts (35 acres) of temporary work area

easements, temporary access road easements for rock borrow and staging areas, and flowage

easements; as set forth in Chapter 5 of ER 405-12. Mitigation features lie within the project

limits. The standard fee estate has been proposed in areas where both project and mitigation

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features are co-located.

The 14 tracts of land acquired by FEMA (mentioned previously in Paragraph 4)

were acquired in the name of the Town of Milton. There will be no cost to the Government to

obtain the estate needed over these tracts.

6.1 Induced Flooding. An Attorney’s Analysis of Taking is not necessary. Any project

impacts outside the area of protection are extremely minimal and infrequent and there are no

takings issues.

7. P.L. 91-646 RELOCATION ASSISTANCE DATA. Public Law 91-646, Title II,

authorizes payment of relocation benefits to persons displaced from their homes, businesses or

farms by federal and federally assisted programs. Those benefits are separate from and in

addition to the acquisition payments for real property. Estimated benefits for residential

displacements include moving expenses and replacement housing. Owner-occupants and tenant-

occupants of mobile homes will be accorded the same benefits as occupants of conventional

dwellings with respect to P.L. 91-646. Relocation benefits for non-residential displacements are

limited to moving and related expenses, including search expenses, and, if applicable, re-

establishment expenses.

A replacement housing survey was completed in July 2003. The conclusion of that survey

was: “The turnover in the general housing market in the project area of Milton, West Virginia,

appears to be more than adequate to accommodate the number of displaced person anticipated in

any year.”

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(3) A 25 percent contingency allowance has been applied to the estimate of benefits

to cover possible changes in moving costs, unknown multi-family occupancies, financial

hardship cases, etc. The following table shows the number, type and number of structures

involved in the Lower Mud River Local Protection Project.

P.L. 91-646 Relocations Assistance Data

TYPE OF STRUCTURE NUMBER RESIDENCE 2 MOBILE HOME 11 BUSINESS 1 TOTALS 14

8. NEPA STATUS, NHPA COMPLIANCE and HAZARDOUS, TOXIC, OR RADIOACTIVE WASTE (HTRW).

An Environmental Impact Statement has been completed for this project. It is anticipated

that the Record of Decision will be signed in January 2007.

In accordance with established United States Corps of Engineers (USACE) Hazardous,

Toxic, and Radioactive Waste (HTRW) policies and ASTM Standards E 1527 and 1528, Phase I

HTRW Investigations have been conducted on 165 properties within the Contractor Work Limits

(CWLs). Phase I HTRW Investigations have also been conducted on proposed geotechnical

drilling locations and proposed soil borrow areas. Several boring locations were relocated to

avoid HTRW concerns. The findings of the investigation for the proposed soil borrow areas

revealed no areas of soil staining and no presence of solid waste. HTRW Investigations included

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an investigation of surface water conditions of the Mud River associated within the vicinity of

the Town of Milton’s sanitary wastewater treatment system.

Further investigation was recommended for the following sites. Tracts listed are

identified by COE tract number as well as their corresponding Cabell County Courthouse tax

map numbers. Pertinent information on Phase II HTRW Investigations is discussed in Section

8.1.

8.1. Phase II HTRW Investigations. Phase II(A) HTRW Investigations are designed to

determine conclusively the presence or absence of environmental contamination, are intrusive,

and include sampling and analysis. Rights-of-Entry are required from the property owner in

order to conduct any Phase II HTRW Investigations. If the presence of contamination is

conclusively identified by the Phase II(A) HTRW Investigation, in-depth Phase II (B) HTRW

Investigations to quantify the types and extent of contamination present would be required.

To date, Phase II(A) HTRW Investigations have been conducted on Tracts 1117 (Tax

Map & Parcel # 5-318), 1201(Tax Map & Parcel # 8-15), on the right-of-way (ROW) adjacent to

Tract 1116 (Tax Map & Parcel # 8-10), and along portions of the Mud River. The surface water

and sediment from the river was evaluated for conditions associated with fecal coliforms in the

vicinity of the City of Milton’s sanitary wastewater treatment system within the Mud River.

Phase II (A & B) HTRW investigations have been conducted on Tract 926 (Tax Map & Parcel #

7-18).

Phase II HTRW Investigation activities and recommendations are included below, for

areas of these properties within or immediately around the CWLs. Phase II HTRW

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Investigations for the tracts listed have not been completed. The necessary investigations for

these properties will be scheduled and performed during the Preconstruction Engineering, and

Design Phase (PED). Any necessary remediation will be completed prior to acquisition.

8.1.1 Phase II (A) HTRW Investigation of Tract 1117 (Tax Map & Parcel # 7-18) & ROW

adjacent to Tract 1116 (Tax Map & Parcel # 8-10). The investigation of these tracts were

performed to assess potential impacts from a former service station on an adjacent tract. There

was one boring advanced on Tract 1117 (Tax Map & Parcel # 7-18). Since rights of entry could

not be obtained for Tract 1116 (Tax Map & Parcel # 8-10), sampling was conducted on the right-

of-way adjacent to Tract 1116 (Tax Map & Parcel # 8-10). There were two borings advanced on

the ROW. Based upon review of the analytical data and the comparison levels discussed in the

investigation report, there was no contamination identified above action levels on Tract 1117

(Tax Map & Parcel # 7-18) or the ROW due to the former Bias Service Station, adjacent Tract

1113 (Tax Map & Parcel # 5-317), and no further action as to HTRW is recommended for Tract

1117 (Tax Map & Parcel # 7-18) . The area in the vicinity of Tract 1116 (Tax Map & Parcel # 8-

10), needs further investigation due to the discovery of a former disposal area. Any further

investigation will be scheduled and performed during PED. Any necessary remediation of Tract

1116 (Tax Map & Parcel # 8-10), will be completed prior to acquisition.

8.1.2 Phase II (A) HTRW Investigation of 1201 (Tax Map & Parcel # 8-15). The

investigation of this tract was performed to assess potential impacts from soil contamination at

an adjacent service station. There were a total of seven borings advanced on Tract 1201 (Tax

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Map & Parcel # 8-15). There were no detections of benzene, toluene, ethylbenzene, or xylene

(BTEX), methyl tertiary-butyl ether (MTBE), or polycyclic aromatic hydrocarbons (PAHs) in the

soil and groundwater samples submitted for analysis from this tract that exceeded West Virginia

Underground Storage Tank (UST) Division guidelines or EPA Region III risk-based

concentrations (RBCs) for residential or industrial soil and no further action as to HTRW is

recommended for this property.

8.2. Phase II(A) HTRW Investigation – Portions of the Mud River (surface water &

sediment). Phase II HTRW Investigations included an investigation of surface water and

sediment within the Mud River, including an investigation of conditions associated with fecal

coliforms, in the vicinities of the Town of Milton’s sanitary wastewater treatment system and the

system’s permitted emergency outfall. Analyses from sampling during non-flooding conditions

indicated fecal coliform levels below the level of concern. No additional HTRW Investigation of

the surface water and sediment are required time and no remedial activities are indicated from

this investigation.

8.3. Phase II(A & B) HTRW Investigation - Tract 926 (Tax Map & Parcel # 7-18). During

the Phase II Investigation, there were four different areas of concern (AOC) identified for Tract

926 (Tax Map & Parcel # 7-18). The four AOCs included treated wood areas, a discarded

equipment area, a stained soil area, and the former UST area. A background sampling location

was also required for Tract 926 (Tax Map & Parcel # 7-18).

Most of the areas investigated during this investigation were visibly stained areas less

than five feet in diameter. Based on this investigation, approximately 30-50 tons of soil would

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require proper removal in the areas that were sampled; however, confirmation surface soil

sampling is recommended for Polyaromatic Hydrocarbons (PAH), total petroleum hydrocarbons-

diesel range organics/gasoline range organics (TPH-DRO/GRO), and arsenic analysis.

Additional background samples are recommended in the area of Tract 926 (Tax Map & Parcel #

7-18).

Because the site is covered with inoperable or staged equipment and miscellaneous

materials, additional investigation is recommended after the equipment and materials have been

removed. There may potentially be impacted areas below the equipment and materials that were

not apparent during this investigation. Also, removal of the staged equipment and materials on

this tract could result in a change in the condition of the surface soils by spreading contamination

or causing uncontaminated soil to mix with the contaminated areas.

Prior to the construction phase, removal of the on-site contamination will be performed,

along with the necessary confirmation sampling.

8.4 Phase II HTRW Investigations of Additional Sites. Several of the tracts recommended for

Phase II were eliminated from further study because of modification of the boundary for the

CWLs or because on-site conditions of concern were located outside of the CWLs. Further

investigation was eliminated for the following tracts:

• Tract 6-134, CWLs modified and site excluded from CWLs. • Tracts 6-163 and 20C-8, on-site materials located outside of CWLs. Phase II HTRW Investigations have been recommended, but not completed, for the tracts listed

below. Several of the tracts were identified as containing potential USTs for gasoline storage,

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leaking containers, and/or solid waste concerns. The Phase II HTRW Investigation of these

properties will be scheduled and performed during PED. Any necessary remediation will be

completed prior to acquisition.

8.4.1. Tract 1404 (Tax Map & Parcel # 9-5.1). Much of this property is located within the

CWL and several leaking drums of unknown contents have visibly stained the soil. There are

construction materials and debris on-site, including piles of steel girders, a scrap 10,000 gallon

UST, vehicle fuel tank, and piles of asphalt. Additional investigations are recommended for this

property to include characterization of the contents of the leaking drums and surface and

subsurface soil sampling in the areas of the drums, USTs, and asphalt piles. Fill material from

unknown sources has been placed on-site. The investigation of the site will include the area of

the fill material. Removal of construction materials located within the CWLs, prior to

construction, is also recommended. These investigations were recommended in order to

determine if there were any HTRW concerns within the CWL for levee construction.

The potential contamination from petroleum UST’s is not regulated under CERCLA, but is

subject to promulgated Federal and State hazardous waste RCRA regulations and will be

investigated and remediated in accordance with RCRA regulations.

8.4.2. Proposed Emergency Ponding Area - Tracts 901E, 903E, 906E, and 907E (Tax Map

& Parcel #’s 4-77, 4-78, 4-79, 7-8). These tracts are located adjacent to one another in the

vicinity of Stewart Street on the western portion of the CWLs, within an area of the CWLs

designated as an emergency ponding area. Easements will be obtained to allow for the ponding

of this area. Tract 906E (Tax Map & Parcel # 4-79) is the site of a former service station and a

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potential exists for USTs to be remaining on this property. Tract 903E (Tax Map & Parcel # 4-

78) is adjacent property to Tract 906E (Tax Map & Parcel # 4-79) to the west and is included in

the investigation due to the proximity of Tract 906E (Tax Map & Parcel # 4-79). Tract 901E

(Tax Map & Parcel # 4-77) is included in the investigation due to its proximity to both Tracts

906E (Tax Map & Parcel # 4-79) and 7-7. (Tract 7-7 is a property, located outside the CWL but

adjacent to Tract 903E (Tax Map & Parcel # 4-78), where USTs, although removed, may have

impacted surface and subsurface soil and groundwater in the area.) Tract 907E (Tax Map &

Parcel #7-8) is adjacent to Tract 7-7 to the north and is included in the investigation due to its

proximity to Tract 7-7. The Phase I HTRW Investigation recommended a magnetometer survey

to locate potential USTs and surface/subsurface soil sampling and groundwater sampling in order

to determine if the soil and groundwater have been contaminated from previous activities.

The potential contamination from petroleum UST’s is not regulated under CERCLA, but is

subject to promulgated Federal and State hazardous waste RCRA regulations and will be

investigated and remediated in accordance with RCRA regulations.

8.4.3. Former disposal area in vicinity of Tracts 1112 and 1116 (Tax Map & Parcel #’s 8-9

and 8-10). The Phase I HTRW Investigation findings indicated this area was used as a

dumping ground after a pre-WWII canning factory closed. Materials placed here included scrap

metal and trash. Further investigation of this area is recommended for further characterization of

this site and to determine the existence of contamination. This investigation may include test

pit exploration, surface and subsurface soil sampling, and the removal of any waste or materials

discovered within the CWL.

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Scrap metal and trash disposal are considered non-CERCLA issues, regulated under

Federal and State RCRA solid waste regulations and will be investigated and remediated in

accordance with RCRA solid waste regulations.

8.5. NHPA Compliance. Pursuant to Section 106 of the National Historic Preservation Act

(NHPA), impact to cultural resources was considered and limited surveys on historic properties

were completed during the feasibility stage. Detailed surveys and testing will be conducted

during the Preconstruction Engineering Design Phase per the LRH Programmatic Agreement

which is located as an appendix of the Final EIS. Consistent with ER 1105-2-100 Appendix C-4

entitled “Cultural Resources”, this programmatic agreement specifies the process by with

required surveys, testing, evaluation, effect determination, mitigation planning, and coordination

shall be achieved. The District will follow this agreement prior to implementation of a selected

alternative in order to satisfy Section 106 of the NHPA for all project activities.

9. ACQUISITION ESTIMATE AND SCHEDULE A Real Estate Cost Estimate was

prepared for the area of this report in November 2003, and updated in January 2004. The Gross

Appraisal was reviewed again in January 2006. It was found that changes in the market were

insignificant and well within contingencies. The total estimated cost of the real estate for

this project is $4,475,000, which includes contingencies, relocation benefits, and administrative

costs. The breakdown on the next page is as follows:

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Real Estate Acquisition

Land (approx 185 ac.) $ 1,912,200

Improvements $ 272,500

Damages $ 107,000

Subtotal $ 2,291,700

Contingencies +/- 25% $ 572,925

Total Value of Real Estate $2,864,625

Total Relocation Benefits (includes contingencies) $ 260,375

Administrative Costs

135 Tracts @ $10,000 $1,350,000

Total Administrative Costs $1,350,000

GRAND TOTAL REAL ESTATE COSTS $4,475,000

Acquisition of the 135 tracts covered in this report is expected to take 48 months.

Acquisition of the real estate interests covered herein will be initiated immediately upon the

approval of the LRR, and execution of the PCA and acquisition MOA. Accordingly, early

approval of this report is requested in order to complete the required acquisition in a timely

manner to comply with the construction schedules.

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10. SPONSOR CAPABILITIES. Section 103m of the Water Resources Development Act of

1986 (P.L. 99-662), required that all future flood control projects be cost-shared with a non-

federal local sponsor. The Town of Milton is the non-federal sponsor. Typically, acquisition of

lands, easements, rights-of-ways, relocations and disposal lands (LERRD) would be the

responsibility of the non-federal local sponsor. However, the non-federal sponsor, the Town of

Milton, has indicated that it wishes the Corps of Engineers to perform the acquisition on its

behalf. Per Chapter 12, a determination of the Town’s land acquisition experience and ability

has been prepared, and it has been determined that the Town of Milton cannot acquire LER in a

timely fashion. Following execution of the Project Cooperation Agreement (PCA), a

Memorandum of Agreement (MOA) will be entered into between the Corps and the Town of

Milton that will provide for these services. The District has sufficient resources available to

perform the acquisitions in a timely fashion. Not more than five Federal condemnations actions

are anticipated. Generally, all project lands will be acquired in the name of the Town of Milton.

The Town of Milton will contribute cash to cover its cost-share portion of the total expected

obligations and expenditures for each fiscal year. The non-federal sponsor’s cost share has been

determined to be twenty-five percent (25%) in accordance with Section 103m of the Water

resources Development Act of 1986 (Public Law 99-662). The letter from the sponsor requesting

the district acquire LERRD on their behalf is attached as Exhibit D.

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BL

EA

CH

ER

S

MUD

RIV

ER

MU

D

RIVER

U.C.

PILE

U.C.

PARKING

PLAYGROUND

PLAYGROUND

PLAYGROUND

TENNIS

COURT

FIELD

ATHLETIC

SCOREBOARD

CEMETERY

U.C.

CEMETERY

U.C.

U.C.

U.C.

PILE

P

U.C.

Pile

P

O.S.

O.S.

O.S.

OPEN

STORAGE

PILE

O.S.

O.S.

PILE PILE

PILES

ATHLETIC

FIELDS

ATHLETIC

FIELD

REAL ESTATE TOPOGRAPHICAL MAP

0

SCALE IN FEET

OFSHEET 42NO.

DWG.

Lower Mud River

2.) Limited Re-evaluation Report

CABELL COUNTY, WEST VIRGINIA

1 2 3 4 5

1 2 3 4 5

A

B

C

D

A

B

C

D

LOWER MUD RIVER

MILTON WV

MILTON LLP

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D

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MU

D

RIV

ER

MUD

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R

2.0

ACRE P

OND

EL. 577'

PONDING TO

NO DAMAGE

EL. 581'

PONDING TO

NO DAMAGE

BRIDGE PIERS

EXISTING

CHANNEL

RELOCATED RIVER

FOR SEEPAGE

BEGIN PILING

LIFT STATION

RELOCATED SANITARY

INTAKE WEIR

RELOCATED WATERSAND PITS

FILL EXISTING

PROTECTION

STONE SLOPE

PROTECTION

STONE SLOPE

PUMP STATION

PUMP STATION

33' WIDE GATE CLOSURE

GATE STORAGE BLDG.

EXIST. WATER INTAKE WEIR

CO

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F

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F

F

F

1 1

600300300

LEGEND

FEE

PERMANENT FLOWAGE EASEMENT

TEMPORARY BORROW AREA EASEMENT

EXHIBIT A

FILE: c:\pwwork\h1pw02\dms02274\ExhibitA.dgn

DATE: 20-Aug-04 09:27

SHEET KEYPLAN

MUD

3 4 5 6

9 10 11 12 13 14

17 18 19 20 21 22

23 24 25 26

MUD

RIV

ER

V-3101

578.47

HV-3142

579.41

HV-4122

580.12

U.C.

HV-3121

581.94

HV-3091

583.01

HV-3143

588.12P

V-4102596.87

HV-2081

601.13

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091

607.5

9

V-4101

608.52

HV-4145610.46

V-4093666.67

V-3141

683.82

1122E

1901E

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2401E

2401E

2001E

2001

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2001

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1806E

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1406

1404

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PARKING

PARKING

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PARKING

PARKING

PARKING

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PARKING

PARKING

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PARKING

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601E

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608E

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917

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918

919

921

921

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926

926

926

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1802E

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2001E

2001

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STREET

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CR. R

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General Comments: Comment: The ITR was not performed by another district as required by the attached Headquarters ITR memo. Response: This comment has been referred to PD/PM . Real Estate Plan Comments: Comment: Paragraph 1 6 Project Description and Acquisition Criteria. These paragraphs state that 53 of the tracts required for the project will be acquired in fee for “joint use wetland and terrestrial mitigation purposes. It is not clear why there is this requirement in this flood control project. The project is construction of a levee. Ordinarily, a levee easement would be sufficient to support construction and 0&M. The Acquisition Criteria paragraph needs to detail why fee is necessary. It is unclear why the temporary easement extends across the river. A map attached to the report indicates a requirement for permanent flowage easements. It is not clear from the Acquisition Criteria paragraph why the permanent flowage easements are necessary (hard to believe those areas are going to be permanently flooded) since that easement is not described in the paragraph. It is unclear where the location of the pump stations and gate closure (described elsewhere in the report) are located and what estate is proposed for those sites. It is also noted that page 28 of the main report it states that a perpetual floodwall easement will be required for construction. This is inconsistent with the REP. It is also pointed out that on page 38 the main report, the mitigation requirement is discussed and appears to be inconsistent with the fee estate contemplated by the REP. Also on page 38, ponding areas at two locations are discussed. These are not discussed in the REP and it is unclear what interests in land is contemplated. Response: Chapter 12 of ER405-1-12 states that generally, fee title is required for Fish and wildlife mitigation lands, ecosystem restoration, and other environmental purposes. The construction of the levee will involve significant alterations of the river’s channel. In order to most efficiently mitigate for the environmental impacts of the project, the majority of the mitigation features will be placed within the CWL of the project. While this will alleviate the need to acquire separable lands for mitigation, it is the opinion of the District that a fee estate should be acquired in lieu of easement to support both the levee and the mitigation features. The 53 tracts discussed in the REP are to be acquired for joint use to support the construction operation and maintenance of the levee, as well as, for wetland and terrestrial mitigation purposes. As stated in Paragraph 6 of the REP, Acquisition Criteria, “Mitigation features lie within the project limits. The standard fee estate has been proposed in areas where both project and mitigation features are co-located.” Exhibit A of the REP clearly depicts where those migration features are. The temporary easement extends across the river in order to expedite the transportation of borrow material to the project site.

The permanent flowage easements, as shown on Exhibit A, are necessary easements in order to gain the perpetual right to occasionally flood and submerge the land depicted in Exhibit A. The pump stations are located entirely within fee lands and will not need additional acquisition. Page 28 and 38 of the main report should be changed to reflect the mitigation features of the project. After consulting with CELRH-OC, the standard estate, Flowage Easement (Occasional Flooding) would be preferred to a non-standard Ponding Area Easement estate. Comment: Paragraph 5. Facilities to be relocated. Sub-paragraphs indicate relocation of some utilities/facilities. It needs to be clarified whether the relocations include an additional land requirement or if the utility will be able to be relocated within existing right of way. Additional land requirements need to be identified. Response: Utilities will be relocated within existing rights of ways. Comment: Paragraph 5.2.1. Milton Middle School. Evidently an additional land requirement is contemplated. This paragraph needs to indicate what the district’s proposed plan is for relocation and land acquisition requirements. Response: The school is urban. The gravel/dirt/grass running track and the paved lot in the rear of the school will be relocated on site. It is currently anticipated that no additional land will be required to meet State standards. Comment: Paragraph 5.2.4. As stated above, if your preliminary analysis indicates additional land requirements, they must be captured in the REP. Response: The REP currently describes the real estate requirements for the project based upon the baseline project design. Comment: Paragraph 7. P.L. 91-646 Relocation Assistance Data. Discussion with the district relocation specialist indicates that this paragraph does not describe what her survey indicated. This paragraph needs to be revised to indicate the area surveyed and that this is sufficient available housing in the area to accommodate displacees. Response: The District relocation specialist was consulted. There is sufficient available housing in the area to accommodate displacees. Page 9 of the REP states that “A replacement housing survey was completed in July 2003. The conclusion of that survey was: “The turnover in the general housing market in the project are of Milton, West Virginia, appears to be more than adequate to accommodate the number of displaced persons anticipated in any year.””

Comment: Paragraph 8. Neither NEPA or NHPA compliance status is described in this paragraph. In the sub-paragraphs there are many instances where the text states that any necessary remediation will be completed prior to construction. This needs to be changed to prior to acquisition. Paragraphs 8.4.1 and 8.4.2 should also indicate the cleanup will take place prior to acquisition. Response: An Environmental Impact Statement has been completed for this project. It is anticipated that the Record of Decision will be signed in April of 2006. The REP has been changed to include this information. The REP has been changed to reflect that any necessary remediation will be completed prior to acquisition. Comment: Paragraph 9. Acquisition Estimate and Schedule. While the Real Estate values conform to the gross appraisal, they are old and need to be updated. Response: Appraisal Branch has completed an update of the gross appraisal. The baseline cost estimate will not change. It was found that changes in the market were insignificant and well within contingencies. Comment: Paragraph 10. Sponsor capabilities. Real Estate Division must submit to CELRD-PDS-R for approval the Memorandum of Agreement between the District and non-federal sponsor to acquire lands on behalf of the non-federal sponsor. Chapter 12 requires submittal and approval of the MOA. This Division has a specific delegation to approve MOA’s (as well as Mr. Lijoi’s level 3 delegation that allows for approval of all real estate actions that do not require S/A approval. The draft MOA should be submitted at the earliest possible date. It should be negotiated and agreed to prior to the execution of the PCA. MOA execution should be simultaneous or subsequent to the PCA. A copy of the sponsor’s written request that the district acquire on their behalf must be attached as an exhibit to the REP. Response: Concur, CELRH-OC will draft and MOA for LERRD and will negotiate it with the sponsor in conjunction with the PCA negotiation. Our schedule reflects a PCA signing in October 2006. Comment: Paragraph 10. Sponsor Capabilities. There needs to be a letter from the sponsor attached as an exhibit requesting the district acquire on there behalf. The text should be revised to reflect the exhibit. Response: Concur, a letter from the sponsor requesting the district acquire LERRD on their behalf will be attached as an exhibit. The text will be revised to reflect the exhibit.