U.S. Army Corps of Engineers New York District MAMARONECK AND SHELDRAKE RIVER FLOOD DAMAGE REDUCTION PROJECT MAMARONECK, NEW YORK APPENDIX E REAL ESTATE PLAN April 2017
MAMARONECK AND SHELDRAKE RIVER FLOOD DAMAGE REDUCTION PROJECT MAMARONECK, NEW YORK November 2016 Real Estate Plan Table of Contents ITEM PAGE 1. Preamble ------------------------------------------------------------------------------------ 1 2. Statement of Purpose---------------------------------------------------------------------- 2 3. Project Purpose and Features------------------------------------------------------------- 2 a. Project Purpose------------------------------------------------------------------------- 2 b. Plan of Improvement------------------------------------------------------------------ 2 c. Required Lands, Easements, and Rights-of-Way---------------------------------- 3 d. Appraisal Information----------------------------------------------------------------- 4 4. Non-Federal Sponsor Owned Lands----------------------------------------------------- 4 5. Non-Standard Estates---------------------------------------------------------------------- 4 6. Existing Federal Projects------------------------------------------------------------------ 5 7. Federally-owned Lands-------------------------------------------------------------------- 5 8. Navigational Servitude--------------------------------------------------------------------- 5 9. Maps------------------------------------------------------------------------------------------ 5 10. Induced Flooding--------------------------------------------------------------------------- 5 11. Baseline Cost Estimates for Real Estate------------------------------------------------- 5 12. Compliance with Public Law 91-646---------------------------------------------------- 6 13. Minerals and Timber Activity------------------------------------------------------------ 6 14. Land Acquisition Experience and Capabilities of the Non-Federal Sponsor------- 6 15. Zoning---------------------------------------------------------------------------------------- 6 16. Acquisition Schedules---------------------------------------------------------------------- 6 17. Facility/Utility Relocations---------------------------------------------------------------- 7 18. Hazardous, Toxic or Radiological Waste (HTRW)------------------------------------ 7 19. Project Support------------------------------------------------------------------------------ 7 20. Notifications to the Non-Federal Sponsor----------------------------------------------- 7 21. Other Issues---------------------------------------------------------------------------------- 7 22. Point of Contacts---------------------------------------------------------------------------- 8 23. Recommendations--------------------------------------------------------------------------- 8 Exhibits Exhibit A - Project Real Estate Maps Exhibit B - Parcel Data Exhibit C - Standard Estates Exhibit D - Non-Federal Sponsor Capability Assessment Checklist Exhibit E Real Estate Assessment of Compensability ii
1. Preamble Project Authorization: The Project was authorized by Section 401(a) of the Water Resources Development Act of 1986 (Public Law 99-662, 99th Congress, 2nd Session) adopted November 17, 1986. Official Project Designation: Mamaroneck and Sheldrake River Flood Damage Reduction Project (the Project ). Project Location: The Mamaroneck and Sheldrake Rivers watershed is located along the northern coast of Long Island Sound within the New York City metropolitan area. The Mamaroneck and Sheldrake Rivers Basin lies entirely within Westchester County, New York and contains portions of the Village and/or Town of Mamaroneck, the Cities of New Rochelle and White Plains, the Towns of Harrison and Rye and North Castle, and the Village of Scarsdale. Non-Federal Sponsor: The Non-Federal Sponsor is the New York State Department of Environmental Conservation (the Sponsor or NYSDEC ). The local sponsor is the County of Westchester. If approved, the project will be cost-shared 65% Federal 35% Non-Federal. 1
2. Statement of Purpose The purpose of this Real Estate Plan (REP) is to present the overall plan describing the minimum real estate requirements for the construction, operation, maintenance, repair and rehabilitation herein referred to as the Nationally Economic Development Plan NED Plan or Plan or Project. This REP is an appendix to the General Reevaluation Report (GRR) to update the studies performed for the 1977 Feasibility Report and the 1989 General Design Memorandum (GDM) prepared by the New York District Corps of Engineers (the District ). 3. Project Purpose and Features a. Project Purpose: The purpose of the Project is to provide reduction of the flood damage to the Village of Mamaroneck, Westchester County, New York and surrounding areas. This Project is designed to protect against a 50-year (2%) flood event up to a 200-year (0.5%) flood event. The NYSDEC requested for the Army Corps of Engineers to reevaluate the flood risk in the Mamaroneck and Sheldrake River Basin. The District reviewed several plans and selected the National Economic Development Plan (NED Plan). The NED Plan is a technically feasible, environmentally acceptable and economically justified solution for the flood risk plague of the study area. Plan. b. Plan of Improvements: The following describes the Project components for this This Plan includes channel modification along both the Mamaroneck and Sheldrake Rivers, with various channel widths, depths and lengths. This Plan includes channel widening and deepening along the Mamaroneck and Sheldrake Rivers within the Village of Mamaroneck. The NED Plan also involves the removal and replacement of retaining walls, the construction of a trapezoidal channel, bridge removal and replacement, the construction of a culvert under the railroad parking lot, as well as nonstructural measures potentially applied to approximately eight residences and one non-residential building. The NED Plan includes approximately 1.82 miles of channel modification in the Mamaroneck and Sheldrake Rivers. The average height of the new retaining walls will be 8.5feet (visible height from bottom of the channel, not above ground surface) and the total combined length of channel retaining walls in the entire Project area will be 8,660 feet, some of which will replace the existing retaining walls that are deteriorated. The retaining walls may be either concrete or steel cantilever sheet piles depending on the height needed. The details for the location of the concrete and steel cantilever retaining walls will be determined as part of the design phase. Retaining walls will vary in height above the water level, depending on the location of the wall (steep embankment, etc.). From the land side, retaining walls would either be level with or not extend more than six inches above postconstruction ground surface. The concrete retaining walls may be textured to resemble stone or similar. 2
A 25 foot wide by 8 foot high, 390 foot long culvert will be located under the railroad station parking lot from Jefferson Avenue Bridge to the Railroad Bridge to alleviate the poor channel alignment. A trapezoidal channel, consisting of vegetated sloped banks, will be located where there is available space along the rivers, such as the Columbus Park portion of the Sheldrake River and segments along the upper and lower Mamaroneck River. Retaining walls are proposed for those areas where sloped banks are not possible, particularly along the Sheldrake River between Fenimore Road and Mamaroneck Avenue, and portions of the upper and lower Mamaroneck River between segments of the trapezoidal channel. Trapezoidal channel improvements will consist of a natural bed channel with sloped or pitched vegetated banks. The channel bottom will remain natural except in the location of the Station Plaza Bridge, which currently has a concrete bottom where it crosses the Mamaroneck, and the Halstead Avenue Bridge. A section of riprap will be included on the Sheldrake River to protect against high velocities. Channel work on the segment of the Mamaroneck River south of I-95 and upstream of the confluence with Sheldrake River will total approximately 2,300 feet, and channel work on the segment stretching from south of the confluence to just downstream of the Tompkins Avenue Bridge also will total approximately 2,400 feet. In both segments, the river channel bottom will be widened to approximately 45 feet. The removal and replacement of retaining walls and utilities will be necessary in certain locations including the removal/replacement of the Ward Avenue Bridge. There are no excavated material disposal requirements for the Project. The selected contractor will be responsible for transporting and disposing excavated material to an approved disposal site. There are no real estate interests required for borrow materials, or dredging, nor for excavated disposal material. Channel work on the Sheldrake River from Fenimore Road to the confluence in Columbus Park will total approximately 2,800 feet. The river channel will be deepened and widened to approximately 25-33 feet wide and 3.4 feet cut. Rectangular channel modification will be executed, upstream of Mamaroneck Avenue Bridge. The removal and replacement of retaining walls and utilities will be necessary in certain locations including the removal and replacement of Waverly Avenue Bridge and the removal of the Center Avenue pedestrian bridge. Two footbridges in Columbus Park (footbridge #1, near the confluence, and footbridge #2, closer to the southern edge of the park across from Station Plaza) also will be removed and replaced during construction activities. In addition to channel work along both rivers, the NED Plan will have a nonstructural component along the Mamaroneck and Sheldrake Rivers. A total of nine structures (eight residential structures in the Harbor Heights reach and one non-residential structure located on the bank of the Sheldrake River) were selected based on a benefit-cost evaluation. The eight residential properties are located in the Harbor Heights neighborhood just south of the Mamaroneck River and are candidates for structure elevation or raising. The ninth structure is a non-residential property in the Village s industrial area along Fenimore Road and just south of the Sheldrake River and is a candidate for the construction of a ringwall. 3
Participation in nonstructural actions is on a voluntary basis and contingent upon owner approval and will adhere to construction standards outlined in Village Code Chapter 186-5 that apply to the improvement of structures located in areas of special flood hazard (Village of Mamaroneck 1987). It should be noted that during the design phase of this Project, additional structures may be identified for elevation, acquisition or wet/dry floodproofing. Coordination with property owners will be conducted by the Village of Mamaroneck and USACE Real Estate specialists during the design phase of the Project. c. Required Lands, Easements, and Rights-of Way (LER): The following describes the LER required for the NED Plan. The parcel data and Standard Estates are provided in Exhibit B and C respectively. The NED Plan requires a total of 22 acres of easements, 14.3 acres in permanent easements and 7.8 in temporary easements. This alternative impacts a total of 110 parcels, 88 privately-owned and 22 publicly-owned. All easement lines noted on the plans were developed solely for the purpose of evaluating real estate cost estimates associated with this Project. While we utilized a general rule to establish these (25-30 from the back edge of wall or top of slope for temporary work area easements, 10-15 for perpetual easements), final easements will be developed in the design phase of the Project. 1. Channel Improvement Easement (Standard Estate No. 8): The NED Plan requires the acquisition of approximately 10.92 acres in Channel Improvement easements impacting approximately 96 Parcels. 2. Temporary Work Area Easement (Standard Estate No. 15): The NED plan requires the acquisition of approximately 14.98 acres in Temporary Work Area Easements impacting a total of 78 parcels. The Temporary Work Area Easements are required for a construction staging area, access to project construction area and/or a construction buffer to allow for construction equipment to maneuver during construction. They will also be used by property owners wishing to grant approval for nonstructural measures. All easement lines noted on the plans were developed solely for the purpose of evaluating real estate costs associated with this project. While we utilized a general rule to establish these (25'-30' from the back edge of wall or top of slope for TWAE, 10'-15' for perpetual easements), final easements will be developed in the design phase of the project d. Appraisal Information: A Land Cost Estimate Appraisal was prepared in November 2014 identifying the land values for this alternative. The land values for this plan are as follows: NED Plan Easement Type Value Channel Improvement Easements----- $483,826 Temporary Work Area Easements---- $2,655,602 Contingency (10%)-------------------------- $313,943 Total NED Plan: $3,453,371 4
4. Non-Federal Sponsor Owned Lands: The Sponsor owns no LER required for the plan. 5. Non-Standard Estates There are no proposed non-standard estates for the plan. 6. Existing Federal Projects plan. There are no known existing Federal projects that lie either fully or partially within the 7. Federally-owned Lands There are no Federally-owned lands included as part of the LER required for the plan. 8. Navigational Servitude Federal Navigational Servitude will not be utilized for this project because it is not available along this reach of the subject river. 9. Maps The Project real estate maps are provided in Exhibit A. 10. Induced Flooding There is no induced flooding associated with this Project. 11. Baseline Cost Estimates for Real Estate The following is the total 01-Lands and Damages costs for the plan: Real Estate Cost NED Plan Total Incidental Cost----------------------------------------------- $1,216,800 Acquisition Cost--------------------------------------------- $3,453,371 20 % Contingency (less Land Payments)---------------- $330,829 Total Lands and Damages (01- Account)------------------ $5,001,000 5
To avoid double accounting, a 20% contingency was only applied to the Incidental Cost because a contingency is already embedded in the Acquisition Costs through the appraisal cost estimate. Upon approval of the Plan, the Project will be cost-shared (65% Federal and 35% Non-Federal). The following is the total 02-Relocation costs for the plan: Real Estate Cost NED Plan Total Relocation Cost---------------------------------------------- $9,006,715 57 % Contingency------------------------------------------- $5,137,285 Total Relocations (02- Account)----------------------------- $14,144,000 12. Compliance with Public Law 91-646 There are no anticipated relocation assistance benefits; as authorized by Public Law 91-646, for the plan. The non-structural plan includes eight residential structures and one nonresidential. These structures will receive floodproofing measures on a completely voluntary basis. Property owners and occupants of eligible residential structures who willingly participate in the residential elevation program are not considered displaced persons (in accordance with 49 CFR Part 24), and therefore are not entitled to receive relocation assistance benefits. 13. Minerals and Timber Activity There are no present or anticipated mineral extraction or timber harvesting activities within the proposed project footprint. 14. Land Acquisition Experience and Capability of the Non-Federal Sponsor An assessment of the Sponsor s land acquisition experience and capabilities is provided in Exhibit D. 15. Zoning: Application or enactment of zoning ordinances is not anticipated for the Project. 16. Acquisition Schedule The following acquisition schedule will apply to the selected alternative. 6
Milestone Date PPA Execution--------------------------------------------------------------------- November 2017 Sponsor s Notice to Proceed with Acquisition--------------------------------- May 2019 November Phase 1 Authorization for Entry for Construction----------------------------- 2019 Phase 1 Certification of Real Estate--------------------------------------------- December 2019 Phase 1 Ready to Advertise for Construction---------------------------------- January 2020 17. Facility and/or Utility Relocations The Plan requires the removal of the following public bridges: the Waverly Avenue Bridge, the Ward Avenue Bridge, the Center Avenue pedestrian bridge and two Columbus Park footbridges. The Waverly Avenue Bridge, the Ward Avenue Bridge and both Columbus Park footbridges bridges will be replaced. In addition, the Waverly Bridge replacement will also service the public by providing access for pedestrians that had used the Center Avenue pedestrian bridge which was less than a block away. There are existing sanitary sewer and water pipelines that will be required to be relocated for implementation of the plan. The quantity of pipe work in the NED Plan is not confirmed at this time but will be confirmed during the design phase of the Project. According to Policy Guidance Letter No. 31 (10 January 2013), where the estimated total cost to modify all project facility relocations, including the value of any additional lands that may be required to perform the relocations does not exceed 30 percent of estimated total project costs, the District Office of Real Estate shall, in lieu of an attorney s opinion of compensability prepare a real estate assessment. The real estate assessment can be found attached hereto and made a part hereof as, Exhibit E. Any conclusion or categorization contained in this real estate plan, or elsewhere in this project report, that an item is a utility or facility relocation to be performed by the non-federal sponsor as part of its LERRD 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. 18. Hazardous, Toxic, and Radioactive Waste (HTRW) There are no known HTRW within the alignment. As part of its Phase I assessment, the District consulted the databases maintained by the Environmental Protection Agency (EPA), including, but not limited to, the National Priorities List (NPL), the Comprehensive Environmental Response and Liability Information System (CERCLIS), and the Resource 7
Conservation and Recovery Information System (RCRIS). In addition, databases maintained by the New York State Department of Environmental Conservation (NYSDEC), were also consulted. The NYSDEC databases included the Environmental Cleanup and Brownfields site list, the Environmental Remediation Project information, Spills Incident Database, Environmental Site Remediation database, and Petroleum Bulk Storage list. Based on the information in the databases and the current alignment along the Sheldrake and Mamaroneck Rivers, there are no known HTRW within the current project alignment. The former ITT Sealectro Site, a designated state superfund site, is located adjacent to the project alignment at the Sheldrake River, at 139 Hoyt Avenue in Mamaroneck, New York. The site consists of a single story building on concrete slab and surrounding parking lot on 0.92 acres. The building is flanked by two parking areas. In 1991-1992, ITT Sealectro removed contaminated soil and underground storage tanks from under the adjacent parking areas. Two groundwater recovery treatment systems were also installed. The groundwater under the building is continually monitored. NYSDEC field investigations in the Sheldrake River did not identify any contamination in the river. The site lies outside and adjacent to the project alignment, to the east (landward) of the existing retaining wall. Along this portion of the Sheldrake River, a steel-sheet pile retaining wall transitioning to a concrete retaining wall will be built in the channel waterside of the existing streambank. Fill will be placed between the existing and project retaining wall. Based on the plans, the project alignment will not impact the ITT Sealectro state superfund site. If project plans change such that the alignment would be redesigned to require removal of portion of the streambank within the affected property, the District will coordinate with the NYSDEC to determine how the project will proceed in that area. The NYSDEC will conduct those remedial activities in accordance with ER 1165-2- 132 and necessary to remove contaminated materials at non-federal expense. Should this become a necessity the project schedule will need to be revised to reflect the time needed for NYSDEC to complete this task. 19. Project Support USACE has received letters of support from the Non-Federal Sponsor and the Village of Mamaroneck. 20. Notifications to Non-Federal Sponsor Based on its past sponsorship of other Army Corps of Engineers water resource (Civil Works) projects and ongoing discussions during the Project s Feasibility phase, the Non- Federal Sponsor is aware of the risks of acquiring LER required for the Project prior to the signing of the PPA. However, upon the approval of the Plan for the Project, in accordance with paragraph 12-31, Chapter 12, ER 405-1-12, Real Estate Handbook, 20 Nov 85, a formal written notice identifying the risks associated with acquiring the LER for the Project prior to the full execution of the PPA will be provided to the Sponsor. 8
21. Other Issues a. Mitigation requirements include the documentation of the Works Progress Administration retaining walls and Ward Avenue Bridge, which will be adversely affected by the Project. b. A number of retaining walls and the Ward Avenue Bridge, which were built by the Works Project Administration (WPA), have been determined to be eligible for the National Register of Historic Places.. c. During the time of the report, there were no known existing encumbrances (i.e., easements, rights-of-way, etc) that would affect, or be affected by, the Project. Title for each parcel would be reviewed by the Non-Federal Sponsor during the acquisition process. 22. Point of Contacts: The point of contact for this Real Estate Plan is Real Estate & Real Property Support Branch Chief, Erica Labeste, who may be contacted at (917) 790-8461 or via email: Erica.A.Labeste@usace.army.mil. The undersigned, Chief, Real Estate Division, Noreen D. Dresser may be contacted at (917) 790-8430 or via email: Noreen.D.Dresser@usace.army.mil. 23. Recommendations: This report has been prepared in accordance with Paragraph 12-16 of Chapter 12 of the Real Estate Handbook, Corps of Engineers Regulation ER 405-1-12. It is recommended that this report be approved. NOREEN DEAN DRESSER District Chief, Real Estate Division Real Estate Contracting Officer 9
Exhibit A Real Estate Maps 10
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Exhibit B Parcel Data 16
National Economic Development Plan Parcel Data Municipality SEC_BLK_LOT Channel Improvement Easement (acres) Temporary Work Area Easement (acres) Privately Owned Parcels Mamaroneck 8 2 500 0.000 2.530 Rye Town 154.25 1 1 0.050 0.000 Rye Town 154.42 1 15 0.060 0.000 Rye Town 154.42 1 17 0.010 0.000 Rye Town 154.50 1 84 0.020 0.000 Rye Town 154.33 1 1 0.010 0.250 Rye Town 154.33 1 3 0.160 0.050 Rye Town 154.33 1 4 0.020 0.040 Rye Town 154.33 1 19 0.100 0.000 Rye Town 154.33 1 21 0.020 0.000 Rye Town 154.33 1 22 0.030 0.000 Rye Town 154.33 1 34 0.150 0.000 Rye Town 154.33 1 35 0.080 0.000 Rye Town 154.33 1 36 0.020 0.000 Rye Town 154.42 1 4 0.070 0.000 Rye Town 154.50 1 1 0.070 0.000 Rye Town 154.50 1 5 0.110 0.000 Rye Town 154.50 1 6 0.050 0.000 Rye Town 154.50 1 7 0.050 0.000 Rye Town 154.41 1 2 1.020 2.060 Rye Town 154.42 1 8 0.060 0.000 Rye Town 154.42 1 9 0.060 0.000 Rye Town 154.42 1 25 0.090 0.000 Mamaroneck 9 12 107 0.000 0.010 Mamaroneck 9 6 260 0.000 0.010 Mamaroneck 9 6 270.2 0.000 0.010 Mamaroneck 8_21_01 0.000 0.220 Mamaroneck 9 6 290 0.070 0.060 Mamaroneck 8_24_76 0.010 0.040 Mamaroneck 8 24 155.3 0.040 0.030 Mamaroneck 8_24_36 0.000 0.040 Mamaroneck 9 1 176 0.040 0.050 Mamaroneck 9 1 315 0.040 0.040 Mamaroneck 9 1 149 0.100 0.010 Mamaroneck 9 1 242 0.060 0.020 Mamaroneck 9 1 251 0.000 0.010 Mamaroneck 9 1 254 0.030 0.040 17
Mamaroneck 9 1 295 0.090 0.040 Mamaroneck 8_20_01 0.000 0.010 Mamaroneck 8 20 24.2 0.000 0.010 Mamaroneck 8_20_11 0.000 0.010 Mamaroneck 8_20_06 0.000 0.010 Mamaroneck 8 31 339 0.020 0.010 Mamaroneck 8 31 341 0.050 0.020 Mamaroneck 8 31 220 0.050 0.030 Mamaroneck 8 31 192 0.030 0.020 Mamaroneck 8 31 215 0.030 0.020 Mamaroneck 8 31 344 0.140 0.070 Mamaroneck 8 31 364 0.010 0.070 Mamaroneck 8_31_48 0.050 0.060 Mamaroneck 8 21 233 0.030 0.040 Mamaroneck 8_21_1 0.040 0.020 Mamaroneck 8 21 54.2 0.060 0.010 Mamaroneck 8 21 337 0.000 0.010 Mamaroneck 8 21 332 0.010 0.010 Mamaroneck 8 21 316 0.020 0.050 Mamaroneck 8_23_89 0.030 0.030 Mamaroneck 8_23_69 0.000 0.010 Mamaroneck 8_23_74 0.080 0.040 Mamaroneck 8 23 9.1 0.030 0.080 Mamaroneck 8 23 229 0.450 0.190 Mamaroneck 8 23 285.1 0.040 0.000 Mamaroneck 8 23 299 0.040 0.050 Mamaroneck 8 23 9.2 0.090 0.090 Mamaroneck 8 23 280 0.020 0.010 Mamaroneck 8 24 198 0.020 0.030 Mamaroneck 8 11 109 0.020 0.040 Mamaroneck 8 11 357 0.040 0.040 Mamaroneck 8 11 352 0.020 0.010 Mamaroneck 8 11 347 0.030 0.010 Mamaroneck 8 11 342 0.030 0.010 Mamaroneck 8 10 143 0.010 0.020 Mamaroneck 8 11 337 0.030 0.010 Mamaroneck 8 11 332 0.020 0.010 Mamaroneck 8 11 283 0.030 0.040 Mamaroneck 8 11 247.12 0.040 0.030 Mamaroneck 8 11 416 0.060 0.040 Mamaroneck 8 12 609 0.030 0.020 Mamaroneck 8 11??? 0.060 0.010 18
Mamaroneck 0301 013 0.340 0.050 Harrison 0314 002 0.280 0.050 Harrison 0301 025 0.220 0.060 Harrison 0314 001 0.090 0.040 Harrison 0301 026 0.370 0.080 Harrison 0301 014 0.380 0.000 Harrison 0301 015 0.280 0.060 Harrison 0301 030 0.080 0.040 Publicly Owned Parcels Rye Town 154.25_1_3 0.021 0.000 Rye Town 154.25_1_8 0.022 0.000 Rye Town 154.42_1_16 0.054 0.000 Rye Town 154.33_1_2 0.004 0.188 Rye Town 154.33_1_18 0.292 0.000 Rye Town 154.33_1_20 0.165 0.000 Rye Town 154.42_1_6 0.120 0.000 Rye Town 154.42_1_6 0.120 0.000 Rye Town 154.50_1_19 0.730 0.000 Rye Town 154.50_1_20 0.065 0.000 Rye Town 154.50_1_21 0.151 0.000 Rye Town 154.41_1_1 0.197 0.331 Rye Town 154.41_1_5 0.153 0.000 Mamaroneck 9_6_140 0.375 0.126 Mamaroneck 8_31_500 0.013 0.005 Mamaroneck 8_22_1 0.978 3.090 Mamaroneck 8_31_435 0.112 0.075 Mamaroneck 8_31_??? 0.003 0.008 Mamaroneck 8_21_454 0.090 0.000 Public Roads 0.08 3.358 Mararoneck Mamaroneck Harrison 8_11_66 8 12 522 0301 016 0.098 0.000 0.458 0.033 0.011 0.514 19
Exhibit C Standard Estates 20
Channel Improvement Easement (Standard Estate No. 8) A perpetual and assignable right and easement to construct, operate, and maintain channel improvement works on, over and across [Section, Block, and Lot] for the purposes as authorized by the Act of Congress approved in Section 401(a) of the Water Resources Development Act of 1986 (Public Law 99-662), including the right to clear, cut, fell, remove and dispose of any and all timber, trees, underbrush, buildings, improvements and/or other obstructions therefrom; to excavate: dredge, cut away, and remove any or all of said land and to place thereon dredge or spoil material; and for such other purposes as may be required in connection with said work of improvement; reserving, however, to the owners, their heirs and assigns, all such rights and privileges as may be used without interfering with or abridging the rights and easement hereby acquired; subject, however, to existing easements far public roads and highways, public utilities, railroads and pipelines. Temporary Work Area Easement (Standard Estate No. 15) A temporary easement and right-of-way in, on, over and across [Section, Block, and Lot] for a period not to exceed three (3) years, beginning with date possession of the land is granted to the United States, for use by the United States, its representatives, agents, and contractors as a work area, including the right to (borrow and/or deposit fill, spoil and waste material thereon) (move, store and remove equipment and supplies, and erect and remove temporary structures on the land and to perform any other work necessary and incident to the construction of the Mamaroneck and Sheldrake River Flood Damage Reduction Project Mamaroneck, New York, together with the right to trim, cut, fell and remove therefrom all trees, underbrush, obstructions, and any other vegetation, structures, or obstacles within the limits of the right-of-way; reserving, however, to the landowners, their heirs and assigns, all such rights and privileges as may be used without interfering with or abridging the rights and easement hereby acquired; subject, however, to existing easements for public roads and highways, public utilities, railroads and pipelines. 21
Exhibit D Non-Federal Sponsor Capability Assessment 22
ASSESSMENT OF NON-FEDERAL SPONSOR S REAL ESTATE ACQUISITION CAPABILITY MAMARONECK AND SHELDRAKE RIVER FLOOD DAMAGE REDUCTION PROJECT MAMARONECK, NEW YORK I. Legal Authority. a. Does the sponsor have legal authority to acquire and hold title to real property for project purposes? Yes b. Does the sponsor have the power of eminent domain for this project? Yes c. Does the sponsor have quick-take authority for this project? Yes d. Are any of the lands/interests in land required for the project located outside the sponsor s political boundary? No e. Are any of the lands/interests in land required for the project owned by an entity whose property the sponsor cannot condemn? No II. Human Resource Requirements. a. Will the sponsor s in-house staff require training to become familiar with the real estate requirements of Federal projects including P.L. 91-646, as amended? No b. If the answer to II.a is yes, has a reasonable plan been developed to provide such training? N/A c. Does the sponsor s in-house staff have sufficient real estate acquisition experience to meet its responsibilities for the project? Yes d. Is the sponsor s projected in-house staffing level sufficient considering its other workload, if any, and the project schedule? Yes e. Can the sponsor obtain contractor support, if required in a timely fashion? Yes f. Will the sponsor likely request USACE assistance in acquiring real estate? No; however, the sponsor will work with their local partner, Village of Mamaroneck, in the acquisition process. The village will acquire the real estate for the project and grant access to the Non- Federal Sponsor and to USACE. 23
III. Other Project Variables. a. Will the sponsor s staff be located within reasonable proximity to the project site? Yes b. Has the sponsor approved the project/real estate schedule/milestones? Yes IV. Overall Assessment. a. Has the sponsor performed satisfactorily on other USACE projects? Yes b. With regard to this project, the sponsor is anticipated to be: highly capable/fully capable/moderately capable/marginally capable/insufficiently capable. If sponsor is believed to be insufficiently capable, provide explanation. Highly Capable. Even though the nonfederal sponsor will be relying on their local partner, the Village of Mamaroneck, to complete the acquisition of the real estate required for this Project, the Non-Federal Sponsor is highly experienced and highly capable to coordinate all acquisition efforts with the local partner. V. Coordination. a. Has this assessment been coordinated with the sponsor? Yes b. Does the sponsor concur with this assessment? Yes NOREEN DEAN DRESSER Chief, Real Estate Division, Real Estate Contracting Officer 24
Exhibit E Real Estate Assessment of Compensability 25
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