APPENDIX D REAL ESTATE PLAN€¦ · subordinating the Road Commission’s real estate interests to...

APPENDIX D REAL ESTATE PLAN

Real Estate Plan Boardman River

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APPENDIX D

REAL ESTATE PLAN BOARDMAN RIVER DAMS

CITY OF TRAVERSE CITY, MICHIGAN GRAND TRAVERSE COUNTY, MICHIGAN

NON-FEDERAL SPONSOR:

GRAND TRAVERSE COUNTY, MICHIGAN 1. AUTHORITY / PURPOSE AND DESCRIPTION / LOCATION Section 506 (Great Lakes Fishery and Ecosystem Restoration) of the Water Resources Development Act of 2000 (PL 106-541). Paragraph c(2) states, “The Secretary shall plan, design, and construct projects to support the restoration of the fishery, ecosystem, and beneficial uses of the Great Lakes.” The purpose of the project is to restore tributary habitat for Great Lakes fish by increasing the diversity of species moving between the Lakes and Boardman River, and by providing these species with access to additional reaches and tributaries of the Boardman River System. This will be accomplished through the prospective removal and/ or modification of three dams on the Boardman River System. Restoration of tributary habitat is identified in the Great Lakes Fisheries and Ecosystem Restoration (GLFER) support plan as a high basin-wide priority. Located in the northwestern portion of Michigan’s Lower Peninsula, the Boardman River originates in central Kalkaska County and flows southwest into Grand Traverse County where it turns north and flows into West Grand Traverse Bay/ Lake Michigan at Traverse City, Michigan. The Boardman River Watershed is comprised of 291 square miles of surface area and includes 179 lineal stream miles and 12 natural lakes. The Boardman River is a designated Natural River and considered among the “top ten” trout streams in Michigan, containing nearly 36 lineal miles of Blue Ribbon Trout Stream. The River supports self-sustaining population of Brown (Salmo trutta), Brook (Salvelinus fontinalis) and Rainbow trout (Oncorhynchus mykiss). Steelhead (O. mykiss), Coho salmon (O. kisutch), and Chinook salmon (O. tshawytscha) are stocked in the watershed to supplement the Lake Michigan fishery and, downstream of Sabin Dam, provide potamodromous recreational fishing opportunities. The project area is a 20-mile plus section of the River’s main stem, includes four dams (Union Street, Sabin, Boardman, Brown Bridge), and spans from upstream of Brown Bridge Pond’s inlet to the mouth of the river at Grand Traverse Bay. Mitigating disruptions to the River ecosystem through the removal or modification of the dams would enable this 20 mile plus reach to return to top quality status as trout waters. The current Boardman River Detailed Project Report follows the Section 506 process to determine the most cost-effective alternative to meet project objectives. In its original


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conception, this study included in its project area the Brown Bridge Dam and its impoundment. However, in November 2011, The Boardman River Dams Committee informed the USACE that the Brown Bridge Dam would be removed in 2012. Consequently, the project area was altered to include only the Union Street, Sabin, and Boardman Dams. The Brown Bridge Dam was breached by others on October 6, 2012 and was the first step in removing the Brown Bridge Dam. This action is part of the local effort to restore the free flowing Boardman River. This Real Estate Plan (“REP”) is being submitted in accordance with Chapter 12 of ER 405-1-12 for approval. This REP describes the lands, easements, rights-of-way, relocations and disposals areas (“LERRDs”) required for the construction, operation and maintenance of the Project as well as other facts relating to the Project and the non-federal sponsor. 2. LERRDs REQUIRED FOR CONSTRUCTION, OPERATION AND MAINTENANCE A brief description of the three dams on the Boardman River System is as follows, beginning at the River mouth at Grand Traverse Bay and moving upstream: Union Street Dam (River Mile 1.5). Owned by the City of Traverse City, this dam was originally constructed in 1867 as power supply to a flour mill. Its present purpose is to maintain water levels in Boardman Lake, a natural lake of approximately 259 acres that was increased in size to 339 acres after construction of the dam. It also provides a physical barrier to prevent the migration of sea lamprey (Petromyzon marinus) into the Boardman River System, and features a fish ladder to facilitate migration of potomadromous salmon and trout. Composed of earthen materials and steel sheet pile, the dam has a structural height of 10 feet, a head of nine feet and a length of 200 feet. Riparian features of Boardman Lake include approximately 40 private parcels and two parks, one with a boat ramp. Sabin Dam (River Mile 5.3). Constructed in 1906 and rebuilt to its current configuration in 1930, Sabin Dam is owned by Grand Traverse County. Since 1986 until its decommissioning in 2005, the dam had generated hydropower (with a capacity of 500 kilowatts) for Traverse City Light and Power (TCLP), a community-owned utility. A run-of- the-river dam with an impoundment of 40 acres, Sabin has a structural height of 32 feet, a head of 20 feet, and a length of 921 feet. Boardman Dam (River Mile 6.1). Also known as Keystone Dam, this structure was built in 1884 and rebuilt in 1930 to its current configuration. Owned by Grand Traverse County, it is a run-of-the river dam that produced hydropower for TCLP (1,000 kilowatt capacity in 2005) from 1894 until it was decommissioned in 2005. Composed of earthen materials and concrete, Boardman Dam has a structural height of 56 feet, a head of 41 feet, and a length of 900 feet. Its impoundment, called Boardman Pond or Keystone Pond, covers 103 acres. The Selected Alternative is to modify the Union Street Dam, and remove the Sabin and Boardman Dams. The proposed action at each dam is described below.


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Union Street Dam Modifications Currently, sturgeon pool below the Union Street Dam (Kalish, 2011) and are unable to move further upstream for foraging or spawning purposes. Because the Boardman River provides suitable habitat for sturgeon, a measure that meets project objectives and is within project constraints is desirable. In accordance with the U.S. Fish and Wildlife Service’s desire to retain the Union Street Dam as a lamprey barrier, removal of the dam is not under consideration. However, the Union Street Dam is proposed for modification to pass downstream sturgeon and block aquatic nuisance species (ANS) from the Great Lakes up the Boardman River. Upstream passage would be achieved by trapping and transferring sturgeon via truck to a location above the Union Street Dam. The trap-and-transfer operation would be conducted at the James P. Price facility, which is immediately downstream of the Union Street Dam, and modifications would be made to the Union Street Dam to allow downstream passage. Upstream passage would be accomplished by trapping and transferring sturgeon at the existing trap and transfer facility to upstream locations, such as Medalie Park, Hull Park, or the Grand Traverse Nature Education Center (site of the Sabin Dam). Downstream passage would be accomplished by modifying the existing Union Street fish ladder to be more conducive to passing adult sturgeon. This measure is expected to require the following: • Two fishery technicians to perform the upstream trapping and transfer operation, for 20 hours per week while sturgeon are moving upstream (approximately mid-April to early May). • A truck suitable for transporting sufficient water to support sturgeon to the discharge location. The truck will need to be modified to hold and discharge fish and water as the discharge location may not have a launch. • Small craft-mounted electroshocking equipment. • Elevator system at weir facility to bring sturgeon and water to truck level. • Stairs to safely allow fishery technicians to move from the water level to the weir level. • Modification to the Union Street fish ladder to facilitate downstream passage of adult sturgeon. The modification would include straightening, widening, reducing the slope, and removing the fish ladder gate (to limit its potential to trap fish) and developing inlet characteristics that will attract sturgeon. This measure meets the objective of reconnecting the Great Lakes with the Boardman River. The existing Union Street Dam would remain and the fish ladder would be rebuilt to improve its ability to pass sturgeon downstream. These modifications will also improve the efficacy of the fish ladder for other species


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Sabin Dam Removal Currently, the Sabin Dam blocks fish movement, fragments cold water habitat, traps sediment and organic material, and warms the water within the impoundment and downstream of the dam. Removing the Sabin Dam mitigates these problems within project constraints. Partial dam removal has the potential to achieve all of the objectives within all of the project constraints. This will be accomplished by removal of the concrete auxiliary spillway which is adjacent to the powerhouse. The powerhouse will remain and the approaches filled in. The exposed bottomlands would be restored to a free-flowing channel through the former impoundment. The river would be allowed to choose its own path. In doing so, it would move sediment and self-armor with existing gravel, cobble, and boulders and likely follow the pre-dam river channel. Sediment management would occur via sediment traps immediately upstream of the existing dam, slow drawdown and active sediment removal along the exposed banks by land-based excavators (to provide appropriately dimensioned floodplain). This measure meets all of objectives of the project. It would eliminate thermal impacts of the dam, eliminate fragmentation of coldwater habitat, allow for natural movement of suspended sediment, sediment bedload, and organic material and allow for fish passage. However, the Sabin impoundment has elevated concentrations of some contaminants. These contaminants would need to be managed to protect human and aquatic health. Soil and sediment data collected to date (see Environmental Assessment for detailed analysis) indicates that Arsenic levels are above background levels, but below the site specific criteria that the Michigan Department of Environmental Quality (MDEQ) applies to non-residential areas such as nature parks. Thus, no capping or offsite disposal is expected. Further, the drawdown and construction phase is designed to limit the quantity of sediment that will be transported downstream. This will be accomplished by the controlled breaching method, sediment trapping and removal methods and proper soil and erosion control methods. Boardman Dam Removal Partial dam removal has the potential to achieve all of the objectives within all of the project constraints. This will be accomplished by restoring the river to its historic location west of the current dam. The powerhouse will remain and the approaches will be filled in using material from the new river path. Breaching the Boardman Dam at the river’s pre-dam location will require removing the current Cass Road where it intersects the new river path. In Michigan, the County Road Commissions are a separate legal entity from County government. The County owns the project land, in fee, including the land occupied by the impounded areas, the dams and Cass Road. The Road Commission possesses a 66’ wide right-of-way for Cass Road based on statutory rights granted to the county road commissions from the State of Michigan. All of the work to be performed on and within the Cass Road right-of-way will require subordinating the Road Commission’s real estate interests to the County.


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The exposed bottomlands would be restored to a free-flowing channel through the former impoundment. The river would be allowed to choose its own path. In doing so, it would move sediment and self-armor with existing gravel, cobble, and boulders and likely follow the pre-dam river channel. Sediment management would occur via sediment traps immediately upstream of the existing dam, slow drawdown and active sediment removal along the exposed banks by land-based excavators (to provide an appropriately dimensioned floodplain). All variations of this measure meet all of the project objectives. It would eliminate thermal impacts of the dam; eliminate fragmentation of coldwater habitat; allow for natural movement of suspended sediment, sediment bedload, and organic material; and allow for fish passage. The variations do impact the costs and benefits (habitat units) associated with this alternative. The Boardman impoundment has high levels of some contaminants. These contaminants would need to be managed to protect human and aquatic health. Soil and sediment data collected to date (see Environmental Assessment for detailed analysis) indicates that Arsenic levels are above background levels, but below the site specific criteria that the MDEQ applies to non-residential areas such as nature parks. Thus, no capping or offsite disposal is expected. Further, the drawdown and construction phase is designed to limit the quantity of sediment that will be transported downstream. This will be accomplished by the breaching method, sediment trapping methods and proper soil and erosion control methods. The environmental testing results may require that institutional controls will need to be placed on the lands prohibiting residential uses. Final determination of any appropriate institutional controls will be determined following final environmental testing and review. Construction Sequencing The construction sequencing and schedule for this project will be primarily driven by sediment management during the drawdown process. The drawdown and breaching operation for Sabin will consist of breaching the dam at approximately one foot increments and allowing the water level within the impoundment to equalize prior to lowering the subsequent one foot increment. The Boardman impoundment will be pumped down at the site of the relocated river in the earthen section. During this time, sediment will need to be removed from the sediment traps as it is mobilized by the river. A conservative estimate for the duration of the breaching operation is necessary to accommodate impacts from weather and variable sediment transport rates. Additionally, to minimize risk of sediment migration Boardman Dam will be breached prior to Sabin Dam. This will allow for any sediment that could potentially be released during the Boardman drawdown to be captured in the Sabin impoundment. The preliminary sediment management framework assumes that all sediment exist at a contamination level below thresholds requiring special handling and management techniques. Areas for sediment management/placement have been identified within the existing impoundment boundaries that account for a portion of the expected sediment removed during restoration. Additional offsite disposal locations for management of sediment are being examined. Worst case costs provided include 6 inches of topsoil cover


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to reduce risk of exposure. The river restoration efforts in both impoundments will begin concurrently as the breaching operations. Work will begin with excavating floodplain benches in the upper reaches of the impoundments and progress downstream as the water level is drawn down. Channel and bank stabilization measures will be installed once the river reaches equilibrium. Restoration will be completed with seeding and planting.

Operation and Maintenance for Selected Alternative

Operation and maintenance needs are a key factor in determining the feasibility of a measure. Removal of Boardman and Sabin Dams will result in no need for operation or maintenance, since these reaches will be restored to natural riverine conditions. The Union Street Dam modifications will require regular operation and maintenance. The trap and transfer operation at the MDNR facility will require staffing of two technicians during sturgeon spawning season. Additionally, the lift equipment necessary to transfer the fish will require maintenance. The downstream passage at Union Street Dam will require operation during spawning seasons to allow passage of desired species and block invasive species. The passage and gates will require periodic inspection and maintenance to maintain the desire level of operation. Potential concerns could be condition of concrete and seals on stop logs. Lands Required: The Local Sponsors will provide all land, easements and rights-of-way necessary for the construction, operation and maintenance of the project. The Project area is shown on Exhibit A (Figures 1 through 8). The total land required for the project is approximately 184.2 acres consisting of 183.6 acres of fee ownership that will include the modified river, 0.6 acres of temporary easement for work & storage at the Trap/Transfer/Fish Ladder sites as well as access to public roads. Table 1 illustrates the land associated with each major project area.


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Table 1 Land Areas Trap/Transfer and Union Street Dam Fish Ladder Facility

Estate Needed: Temporary Work Area Easement

0.6 Acres

Trap/Transfer and Union Street Dam Fish Ladder Facility

Estate Needed: Utility Easement

0.1 Acres

Cass Road (if used) Estate Needed: Temporary Road Easement

2 Acres

Sabin Dam & Impoundment Sediment Management Fee 42.6 Acres Floodplain Fee 14.9 Acres River Channel Fee 6.4 Acres Sabin Totals Fee 63.9 Acres Boardman Dam & Impoundment

Sediment Management Fee 82.2 Acres Floodplain Fee 24.0 Acres River Channel Fee 11.5 Acres Boardman Totals Fee 117.7 Acres Grand Total 184.2 Acres

The estates covering the project are described in Exhibit B. All land associated with the project is owned/controlled by the local sponsor. There are eight Figures in the Addenda which illustrate the various areas of the project which are described below. The entire impounded area as well as the upland areas containing the dams have been allocated to the project. The actual work will utilize much of the upland area for work and storage activities and the impoundments will be used for sediment disposal as defined in the Environmental Appendix and briefly discussed below. Trap and Transfer & Fish Ladder Facilities: There are 0.6 acres required as temporary work area easements which are associated with the Trap and Transfer facility as well as the Union Street Fish Ladder facility. These easements will exist during the construction modification period and will then terminate. Permanent easements are required at the Trap and Transfer facility to allow continual access to the crane/walkway/stairs/ladder that will be installed. Permanent easements are also required at the Fish Ladder facility to allow continual access to the rebuilt fish ladder . These combined areas constitute 0.1 acres. Access to these facilities is by public roads and sufficient area for work and storage purposes is included in these areas. Figures 1, 2 & 3 depict the two facilities located close to downtown Traverse City.


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Sabin and Boardman Pond Areas:

The former impounded areas of the Sabin and Boardman Dams begin at the Sabin Dam which is approximately 4 miles south of Traverse City and extends for another 2 miles upstream. The project area associated with these two impoundments encompasses 181.6 acres. That total area is made up of 18 acres of river channel, 38.9 acres of floodplain and 124.8 acres of sediment management area.

Cass Road (if used):

The Grand Traverse Road Commission has a right-of-way crossing the County property in the vicinity of the Boardman Dam and the use of it will require the Road Commission to subordinate its rights to the County. The Cass Road right of way is approximately 2 acres (66 feet x 1,300 feet). Riparian Rights: The project lands include the dams and the impounded areas. The County acquired this land by deed from the power company that formerly operated the dams. Land that is adjacent to the County land (outside of the project) is not considered to have riparian rights under Michigan law. Monitoring Plan: A monitoring plan will be implemented and managed by the NFS. This plan will run for the first three years following the completion of the project and can extend to a full ten years dependent upon results. Following project completion, access by the COE will not be required. All real estate information presented in this REP is limited to the areas and estates indicated on that drawing. No other lands or estates are now known to be required for Project purposes. All required estates are defined in Exhibit B. 3. LERRDs ALREADY OWNED The non-federal sponsor owns/controls all land required for Project purposes. The Road Commission, however, will have to subordinates its rights in the Cass Road right-of-way to the extent these rights interfere with the project. 4. LERRDs AQUIRED FOR, OR WITH THE USE OF FUNDS FROM, ANOTHER FEDERAL PROGRAMS OR PROJECT No LERRDs were previously acquired with Federal funds or in conjunction with another Federal project as any part of this Project.


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5. NON-STANDARD ESTATES Non-Standard Estates are not required for this Project. 6. EXISTING FEDERAL PROJECTS There is no existing Federal project that lays fully or partially within the Project area, though the Grand Traverse Bay Harbor is approximately 1 mile downstream of this Project. 7. FEDERAL LAND There is no federally owned land included within the LERRDs required for the Project. 8. NAVIGATIONAL SERVITUDE Navigational Servitude will not be exercised. 9. PROJECT MAP - See Figures 1 through 8 in Exhibit A. 10. INDUCED FLOODING There will be no induced flooding upstream of the Project area as a result of the Project. 11. BASELINE COST ESTIMATE The estimated value of the LERRDs required for the Project using the selected Alternative, are as follows:

Fee (Lands including the Impounded Areas) 183.6 acres $ 92,000.00 Temporary Work Area Easements Lands associated with Trap/Transfer/Fish Ladder 0.6 acres $ 5,000.00

$ 97,000.00

Acquisition cost estimate (legal fees, appraisals, surveys, title evidence, certification, etc): Total LER including contingency: $100,000.00 The Federal administrative costs are estimated to be: $ 20,000.00 These figures are approximations and are provided only for determining estimated total Project costs for planning purposes. These figures cannot be used in determining the actual amount of LERRDs plus incidental costs associated with the acquisition of the LERRDs for inclusion in the final total Project costs. Any conclusion or categorization contained in this report that an item is a utility or facility


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relocation to be performed by the non-federal sponsor as part of their 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 along with completion and approval of final attorney’s opinions of compensability for each of the impacted utilities and facilities. The LERRDs values are based on a gross appraisal drafted in December, 2012. Independent acquisition appraisals will be made by the non-federal sponsor prior to and as part of the acquisition of Project LERRDs. A USACE review appraiser will review the acquisition appraisals in accord with EC 405-1-04, Appraisal. 12. RELOCATION ASSISTANCE The Project will not require the relocation of any residences or businesses. 13. MINERALS No extractable minerals are known to exist within the Project lands. There is no standing timber or vegetation on the Project lands, other than in the areas of the flowage easements, if any. 14. CAPABILITY ASSESSMENT The non-federal sponsor has the full power, authority and capability to operate and maintain the finished Project, and has the legal capability to provide its share of total Project costs and comply with the other required assurances. The non-federal sponsor is capable of providing all required LERRD’s necessary for the construction, operation and maintenance of the Project. The non-federal sponsor is a legally constituted public body. The non-federal sponsor have the full power, authority, and capability to perform of the terms of the Project Participation Agreement (“PPA”). Requirements of PL 91-646, acquisition policies and procedures, LERRDs crediting procedures, and the requirements for land acquisition have been discussed with the non-federal sponsor. See Exhibit C 15. ZONING The enactment of zoning ordinances will not be required for this Project. 16. SCHEDULE The non-federal sponsor has indicated that they are able to meet the Project’s scheduled timeframes.


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17. FACILITY OR UTILITY RELOCATIONS There are no relocations necessary for this Federal project.

It is noted that a bridge to span the relocated river at the Boardman Dam site is currently being designed for the County by a professional engineering firm. The County Road Commission is on record as supporting a new Cass Road crossing of the Boardman River and has stated that State funds are available to fund bridge work. All road and bridge work would be the responsibility of the County and the Road Commission and would not be part of the federally funded project. 18. ENVIRONMENTAL The USACE’ Environmental Analysis Branch (“EAB”) will assess all of the Project’s environmental impacts as required by the National Environmental Policy Act of 1969 (“NEPA”). In addition, the Project will be evaluated under the following acts, as amended: Fish and Wildlife Act of 1956, Fish and Wildlife Coordination Act of 1958, National Historic Preservation Act of 1966, Michigan Coastal Zone Management Act of 1972, Endangered Species Act of 1973, Water Resources Development Act of 1976, Clean Water Act of 1977, Clean Air Act of 1963, Air Quality Act of 1967, Clean Air Act Extension of 1970, and Clean Air Act Amendments of 1977 and 1990, and Executive Orders 11988 and 11990. The preliminary sediment management framework assumes that all sediment exists at a contamination level below thresholds requiring special handling and placement techniques and is not a threat to human health. Areas for sediment management/placement have been identified within the existing impoundment boundaries that account for all of the expected sediment removed during restoration. The preliminary sediment management framework assumption is supported by sediment samples collected and analyzed to date (see Environmental Assessment, Section 3.4.5 for details) showing all contaminant levels below the MDEQ established non-residential Direct Contact Criterion. Thus, no capping is expected. Further, the drawdown and construction phase is designed to limit the quantity of sediment that would be transported downstream. This would be accomplished by the controlled breaching method, sediment trapping and removal methods, and proper soil and erosion control methods. 19. PROJECT SUPPORT The non-federal sponsor is fully supportive of this Project. The public is also supportive and there is no anticipated opposition to the Project. 20. LANDOWNER ATTITIUDE The project encompasses a large area and has great visibility in the community. There are property owners adjacent to project lands that will debate if they have riparian rights (though none have been established to date). There is some concern over unknown impacts related to the water table level and any resulting effects on wells


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(though none are expected). The Brown Bridge Dam, which is not part of this project and is furthest upstream, was breeched by others on October 6, 2012. The breeching did not go as expected and the impoundment emptied in hours instead of days and there was damage to properties between Brown Bridge Dam and the Boardman Pond. In spite of these items, the general attitude is considered supportive of the project and the expected benefits to be realized. 21. RISK NOTIFICATION FOR ADVANCE NOTIFICATION A Risk Notification letter has not been sent to the non-federal sponsor. There is no indication that the non-federal sponsor is working towards obtaining the required LERRDs prior to the PPA being signed. 22. OTHER RELEVANT REAL ESTATE ISSUES a. There are no cemeteries within the Project area b. There are no historic properties within the Project area c. There are no special aquatic sites impacted by the Project area The Detroit Real Estate Division will coordinate, monitor and assist with all real estate activities undertaken by the non-federal sponsor as required. As acquisition activities are performed by the non-federal sponsor, the Real Estate Division will assure that the acquisition process is conducted in compliance with Federal and State Laws, specifically, the requirements under the Federal Uniform Relocation and Acquisition Act (P.L. 91-646). The Real Estate Division will also attend Project Development Team (“PDT”) meetings and also review and provide input into draft and final reports prepared by the PDT. This Real Estate Plan (REP) is tentative in nature, for planning purposes only and both the final real property acquisition lines and estimates of value are subject to change even after the approval of this REP.


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EXHIBIT A

PROJECT MAPS

Figure 1 – Union Street Fish Ladder & Trap and Transfer Facility Locator

Figure 2 – Trap and Transfer Facility

Figure 3 – Union Street Fish Ladder

Figure 4 – Sabin and Boardman Ponds Locator

Figure 5 – Sabin Pond

Figure 6 – Boardman Pond

Figure 7 – Sabin Dam

Figure 8 – Boardman Dam


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51-N/O ROLL

51-702-001-00

51-794-015-00

51-702-002-0051-702-003-00

51-702-005-00

51-794-007-00

51-798-188-00

51-103-007-00

51-N/O ROLL

51-798-199-00

51-798-191-0051-798-190-00

51-698-001-00

51-794-018-00

51-767-011-00

51-767-049-00

51-N/O ROLL

51-794-082-20

51-N/O ROLL

51-103-013-00

51-N/O ROLL

51-658-028-02

Figure 1: Union Street Dam ModificationsLegend

PUBLIC PARCELS

PARCEL LINES ¯

Grand Traverse County

EXTENT OF WORK AREA

Trap and Transfer Facility

Water Main and Overhead Utility

Union Street Dam Fish Ladder Modification


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51-99

51-99

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51-99

51-658-046-00

51-658-045-01

51-706-008-00

51-706-004-00

51-103-014-00

51-706-009-00

51-N/O ROLL

51-N/O ROLL

51-658-028-10

51-N/O ROLL

51-706-006-0051-706-007-00

51-658-028-02

Figure 2: Trap and Transfer Facility ModificationsLegend

PARCEL LINES ¯Notes: No cemetaries or historical structures in the vicinity.


EXTENT OF WORK AREA

Trap and Transfer Facility

Proposed location of crane. This location provides accesto the river on the downstreamside of the weir and the fishsorting area of the trap and transfer faciltity.

Modifications at the Trap and Transfer facility willinclude the addition of an overhead crane to liftfish from the river to the facility and stairs to alloweasy access to the river.

ÅF

Access to the trap and transfer facility willbe via Hall Street (public road) and througha parking lot owned by the City of Traverse City.

_̀

_̀

Proposed location of river access. Stairs/Ladder will be fastened towall and connected with walkway.

Project Area: 0.2 acres


of 26

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51-103-006-01

51-794-030-00

51-99 51-N/O ROLL

51-103-015-00

51-103-007-00

51-837-111-0051-837-110-00

51-837-112-0051-837-404-0051-837-405-00

51-837-406-00

51-837-407-0051-837-500-00 51-837-501-00

51-859-003-0051-859-000-00

51-859-002-0051-859-001-00

51-N/O ROLL

51-837-502-00

51-837-005-0051-837-006-00

51-837-007-0051-837-008-00

51-839-310-0051-839-320-0051-839-330-00

51-839-340-0051-839-350-00

51-839-350-1051-837-000-0051-837-100-0051-837-150-00

51-837-200-0051-837-210-00

51-837-202-0051-837-203-0051-837-204-0051-837-205-00

51-837-300-0051-837-301-00

51-837-302-0051-837-303-0051-837-304-0051-837-305-00

51-837-306-00

51-837-307-0051-837-308-0051-837-309-0051-837-403-0051-837-402-00

51-837-401-00

51-837-400-0051-837-310-00

51-794-032-00

Figure 3: Union Street Dam Fish Ladder ModificationsLegend

PARCEL LINES ¯Notes: No cemetaries or historical structures in the vicinity.


EXTENT OF WORK AREA

Proposed location of disturbance.Modifications will be made to the fish ladder as shown. This area includes space for project staging, material storage and equipment storage.

Modifications at the Union Street dam willinclude modification of the fish ladder toimprove the probability of downstream sturgeon passage.

ÅF

Access to theUnion Street Dam willbe via Union Street (public road) and througha parking lot owned by the City of Traverse City.

Project Area: 0.4 acres

Public parking area and park landavailable for nondestructive constructionactivities, such as equipment and materialstorage. All damages shall be repairedand paid for by the contractor.

Public access to Union StreetDam and Fish Ladder

UN

ION

ST

RE

ET

UN

ION

ST

RE

ET

Proposed downstream fishpassage structure (Replace~ 150 ft of existing 2-48" culverts)

Overhead Utilityprotected duringconstruction

Existing Watermainprotected duringconstruction


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02-003-002-00

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05-027-028-10

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05-027-001-02

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02-004-003-10

02-003-001-01

05-034-003-00

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05-027-029-65

05-034-007-00

05-027-029-67

05-027-036-10

05-027-005-5005-99

05-026-012-10

02-003-004-10

05-065-900-00

05-027-001-00

05-034-001-30

05-027-030-00

05-191-002-00

05-034-001-20

05-195-005-00

05-205-022-00

05-034-001-10

05-034-019-00

05-034-001-40

05-026-012-20

05-200-011-00

05-027-032-00

05-027-031-00

05-027-027-05

05-034-008-00

05-034-021-00

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05-205-018-00

05-205-024-00

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05-205-021-00

05-034-004-01

05-205-017-00

05-205-020-00

02-003-013-00

05-200-015-00

05-205-019-00

05-027-023-00

05-027-014-50

05-195-004-00

05-027-005-1005-191-001-00

05-027-022-00

05-034-017-20

05-200-001-00

05-205-016-00

02-99

05-191-001-05

05-027-034-00

05-200-005-00

05-195-003-00

05-027-033-10

05-200-003-00

05-027-024-00

05-200-009-00

05-034-017-10

05-200-004-00

05-027-009-00

05-200-006-00

05-195-002-00

05-200-008-00

05-195-001-00

05-065-028-10

05-190-028-0005-190-011-00

05-027-010-00

05-065-028-1505-065-023-00

05-190-027-00

02-004-003-10

05-190-019-0005-190-035-0005-190-020-00

05-190-005-00

05-190-018-0005-190-033-00

05-190-016-0005-190-017-00

05-190-007-0005-190-006-00

05-190-034-00

05-190-031-0005-190-029-00

05-065-014-0005-065-015-00

05-279-002-00

05-279-001-00

Figure 4: Sabin and Boardman PondsLegendOverhead Utilities

PARCEL LINES

Construction Limits

PUBLIC PARCELS ¯


RAIL

ROAD

Construction Access

Boardman Earthen Embankment

Boardman Power House

Sabin Earthen DamSabin Power House

ÅF

ÅF

ÅF

ÅF

ÅF

ÅF

Utility Substation

Overhead UtilityOverhead Utility

Overhead Utility


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05-027-027-00 05-027-033-00

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05-026-012-1005-027-014-50

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05-191-002-00

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05-027-031-00

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05-027-005-1005-191-001-00

05-027-022-00

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05-191-001-05

05-027-034-00

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05-027-033-10

05-034-004-0005-200-003-00

05-027-024-00

05-200-004-00

05-027-006-00

05-027-009-00

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05-200-006-00

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05-195-001-00

05-065-028-10

05-190-028-00

05-027-007-00

05-026-007-00

05-190-011-00

05-027-010-00

05-065-028-15

05-205-025-00

05-065-023-00

05-190-009-00

05-190-027-00

05-190-010-00

05-190-012-00

05-190-019-0005-190-035-0005-190-020-00

05-190-005-0005-190-015-00

05-190-001-00

05-190-018-00

05-190-033-00

05-190-016-00

05-190-017-00

05-190-004-00

05-190-003-00

05-190-007-00

05-190-021-00

05-190-006-00

05-190-023-00

05-190-014-00

05-190-002-00

05-190-008-00

05-190-013-0005-190-029-00

05-200-007-00

05-065-014-0005-065-016-00

05-065-015-00

05-065-013-00

05-065-019-00

05-065-025-00

05-065-004-0005-065-002-0005-065-011-00

05-027-008-00

05-065-012-00

05-279-002-00

05-279-001-00

05-279-003-00

Figure 5: Sabin Pond

¯Notes: - No cemetaries or historical structures in the vicinity. - Floodplain area is excavated to bankfull elevation and is designed to convey large storm and flood events.- Sediment management areas are outside the 100-yr floodplain. These areas will be managed for sediment storage and wetland creation.




ÅF

ÅF

ÅF

TextUtility Substation

ÅF

Sabin Earthen Embankment

Sabin Power House

Extent ofWork Area

ÅF

Legend

River

Floodplain

Sediment Management Area

Construction Site Access

Parcel Lines

Construction Access Provided to West and Eastsides of River From County Owned Access RoadsWest side is through Nature Education Center Parking Lot and East Side is from Keystone Road.Access to Sabin will also be provided from Cass Road.

ÅF

Project Area: 63.9 acres - Sediment Management Area: 42.6 acres - Floodplain: 14.9 acres - River Channel: 6.4 acres

Utilities along Cass Road corridorto be protected during construction

Overhead Utilitiesprotecting duringconstruction

Overhead Utilitiesprotected duringconstruction

Overhead Utility -protected during construction


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05-200-012-00

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05-205-023-00

05-205-020-00

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05-205-019-00

05-99

05-034-017-20

05-027-036-00

05-200-001-00

05-205-016-00

05-200-005-0005-034-004-00

05-200-003-00

05-200-009-00

05-034-017-10

05-200-004-00 05-200-002-00

05-200-006-00

05-027-036-00

05-200-008-00

05-200-014-00

05-200-007-00

05-N/O ROLL

05-027-013-0005-027-028-00

Figure 6: Boardman Pond

¯Notes: - No cemetaries or historical structures in the vicinity. - Floodplain area is excavated to bankfull elevation and is designed to convey large storm and flood events.- Sediment management areas are outside the 100-yr floodplain. These areas will be managed for sediment storage and wetland creation




ÅF

ÅF

ÅF

Rai

lroad

TextUtility Substation

Utilities along Cass Road corridorto be protected during construction.

TextOverhead UtilitiesCross River (protectedduring construction)

Overhead Utility -protected during construction

ÅF

Legend

River

Floodplain



ÅFConstruction Access Provided to West and Eastsides of River From Cass Road and East Side ofRiver from Keyston Road (at Lone Pine Trail Head).

Parcel Lines

Project Area: 117.7 acres - Sediment Management Area: 82.2 acres - Floodplain: 24.0 acres - River Channel: 11.5 acres

Extent ofWork Area

Overhead UtilitiesCross River (protectedduring construction)


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05-027-013-00

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05-065-019-00 05-065-025-0005-065-017-00 05-065-028-00

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05-065-006-0005-065-009-00 05-065-001-0005-065-010-00

05-065-005-00

05-065-003-00

05-027-024-00

05-191-001-05

05-279-002-00

05-279-001-00

05-279-003-00

05-026-016-00

Figure 7: Sabin Dam

¯Notes: - No cemetaries or historical structures in the vicinity. - Floodplain area is excavated to bankfull elevation and is designed to convey large storm and flood events.- Sediment management areas are outside the 100-yr floodplain. These areas will be managed for sediment storage and wetland creation.


ÅF

ÅFSabin Earthen Embankment

Sabin Power House

Extent of Work AreaÅF

Legend

RiverFloodplain


Construction Site AccessParcel Lines

Construction Access Provided to West and Eastsides of River From County Owned Access Roads.Access Roads are gated and limited access shall bemaintained throughout construction. West side isthrough Nature Education Center Parking Lot andEast Side is from Keystone Road. Access to Sabinimpoundment will also be provided from Cass Road.

ÅF

830 ft County OwnedAccess Road

1,800 ft County Owned Access Road

Overhead Utilityprotected duringconstruction

Overhead Utility - protected during construction


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05-034-009-00

05-99

05-99

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05-027-028-10

05-015-001-00

05-014-004-00

05-034-001-10

05-99

05-034-008-00

05-034-006-00

Figure 8: Boardman Dam

¯Notes: - No cemetaries or historical structures in the vicinity. - Floodplain area is excavated to bankfull elevation and is designed to convey large storm and flood events.- Sediment management areas are outside the 100-yr floodplain. These areas will be managed for sediment storage and wetland creation




ÅF

ÅF

Utility Substation

Extent of Work AreaÅF

Legend

River

Floodplain



ÅFConstruction Access Provided to West and Eastsides of River From Cass Road and East Side ofRiver from Keyston Road (at Lone Pine Trail Head).

Parcel Lines

Existing Cass Road Bridge

Overhead Utilities - Protected during construction

Overhead utilities to be protectedduring construction

Overhead utilities protectedduring construction(transmission lines)

Overhead utilities to be protectedduring construction

Overhead Utilities - To be protected


of 26

EXHIBIT B

ESTATES 1. FEE.

The fee simple title to the land described in Schedule A, subject, however, to existing easements for public roads and highways, public utilities, railroads and pipelines.

2. TEMPORARY WORK AREA EASEMENT.

A temporary easement and right-of-way in, on, over and across the land described in Schedule A for a period not to exceed , 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 deposit fill, spoil and waste material thereon and 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 Project, 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.


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EXHIBIT C

DETROIT REAL ESTATE ASSESSMENT OF NON-FEDERAL SPONSORS’ REAL ESTATE

ACQUISITION CAPABILITY December 7, 2012

Boardman River Project, City of Traverse City and Grand Traverse County, MI -- Section 506 of the Water Resources Development Act (“WRDA”) of 2000 (Public Law 106-541), as amended.

A. LEGAL AUTHORITY:

1. It has been determined that the sponsors have legal authority to acquire and hold title to real

property for Project purposes? (Yes/No) Initials: GRS DATE: December 7, 2012

2. It has been determined that the sponsors have the power of eminent domain for this Project.

(Yes/No) Initials: GRS DATE: December 7, 2012

3. It has been determined that the sponsors have “quick-take” authority for this Project?

(Yes/No) Initials: GRS DATE: December 7, 2012

4. Are any lands/interests in land required for the Project located outside the sponsors’ political

boundary, and whether this limits its ability to acquire property? (Yes/No) Initials: GRS DATE: December 7, 2012

5. A determination has been made as to whether any of the lands/interests in land required for

the Project are owned by an entity whose property the sponsors cannot condemn? (Yes/No) Initials: GRS DATE: December 7, 2012

B. FINANCIAL CAPABILITY:

1. It has been established by the responsible district element that the local sponsors are

financially capable of fulfilling all requirements of local cooperation. (Yes/No) Initials: GRS DATE: December 7, 2012

C. WILLINGNESS TO PARITICIPATE:

1. Sponsors have stated in writing their general willingness to participate in the Project and

their understanding of the general scope of the Project and their part of the Project. (Yes/No) Initials: GRS DATE: December 7, 2012

2. In addition, they are agreeable to signing a project participation agreement (PPA) and

supplying funding as stipulated in the agreement. (Yes/No) Initials: GRS DATE: December 7, 2012

3. The sponsors have approved the Project/real estate schedule/milestones. (Yes/No)

Initials: GRS DATE: December 7, 2012

4. The sponsors have participated in other USACE projects satisfactorily. (Yes/No/Not Applicable) Initials: GRS DATE: December 7, 2012


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5. With regard to this Project, the sponsors are anticipated to be highly capable/fully capable/ moderately capable/marginally capable/insufficiently capable. (If sponsor is believed to be “insufficiently capable”, provide explanation.) Initials: GRS DATE: December 7, 2012

D. ACQUISITION EXPERIENCE AND CAPABILITY

1. Sponsors have on board capability/in house staffing within their organizations or contract

capability to provide the necessary services such as surveying, appraising, title, negotiating, condemnation, closings, and relocation assistance that will be required for the acquisition of properties. (Yes/No) Initials: GRS DATE: December 7, 2012

2. It has been determined that the sponsors’ staff will not required training to become familiar

with the real estate requirements of Federal projects including P.L. 91-646, as amended? (Yes/No) Initials: GRS DATE: December 7, 2012

3. It has been determined that the sponsors can obtain contractor support, if required, in a

timely fashion. (Yes/No) Initials: GRS DATE: December 7, 2012

4. The sponsors’ staff will be located within reasonable proximity to the Project site. (Yes/No)

Initials: GRS DATE: December 7, 2012

5. A determination has been made as to whether USACE assistance will likely be requested by the local sponsors in acquiring real estate. (Yes/No) Initials: GRS DATE: December 7, 2012

E. SCHEDULE CAPABILITY:

1. Sponsors have indicated in writing their willingness and ability to incorporate their financial

acquisition and condemnation capability to provide the necessary Project LERRDs in accordance with proposed Project schedules so the Government can advertise and award the construction contract as required by overall Project schedule and funding limitations. (Yes/No) Initials: GRS DATE: December 7, 2012

F. LERRD CREDITS:

1. Sponsors have indicated their understanding of LERRD credits and their capability and

willingness to gather the necessary information to submit as LERRD credits within six months after possession of all real estate and completion of any relocations in order that the Project can be financially closed out and there can be a final financial accounting with a proper settlement with the sponsors. (Yes/No) Initials: GRS DATE: December 7, 2012


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G. COORDINATION:

1. This assessment has been coordinated with the local sponsors and they concur+ with the assessment? (Yes/No) Initials: GRS DATE: December 7, 2012

Prepared by:

/s/

Glenn R. Spence Real Estate Specialist

Reviewed and approved by:

/s/

Victor L. Kotwicki Real Estate Contracting Officer Detroit, Buffalo and Chicago Districts


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APPENDIX D REAL ESTATE PLAN€¦ · subordinating the Road Commission’s real estate interests to...

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