Request to Army Core of Engineers

June 27, 2012

Colonel Robert Peterson                      

District Engineer

Huntington District                                 

U. S. Army Corps of Engineers

502 8th Street

Huntington, WV  25701-2070

 

Dear Colonel Peterson:

 

             The Town of Rainelle, County of Greenbrier, West Virginia, hereinafter called the “Sponsor”, is interested in obtaining Corps of Engineers assistance in addressing flooding problems in the Town of Rainelle, County of Greenbrier, West Virginia.

            Rainelle is criss-crossed by creeks that feed into the Meadow River at the Town’s edge.  Rainelle is located in a “bowl” surrounded by mountains.  The comparatively flat land in the Town itself means that there is very little elevation drop to speed drainage of the creeks and Meadow River.  Even a relatively small rainfall causes flooding throughout the town.  A major winter snow melt causes severe flooding.

            While a U. S. Army Corps of Engineers study can more specifically identify the causes of our flooding, it seems to us that we face three major challenges.  First, in the half century since the Corps worked on the Meadow River, the silt accumulating from all the Meadow River Watershed from Alta Mountain piles up in the river bed in Rainelle.  Silting has made the river bed dangerously shallow.  The same process of silting has affected the creeks, especially Sewell, Little Sewell and Boggs Creeks.  A second challenge comes from the fact that the creek beds have seriously eroded into the creeks, changing the flow of water and narrowing the stream.  The third problem we have identified is caused by the way that Sewell Creek tries to flow under the CSX railroad trestle.  Near the confluence of Sewell Creek and Meadow River, this well-built trestle shrinks Sewell Creek’s access to the river as if the creek were flowing through a small funnel.  Instead, Sewell Creek spreads out on either side of the trestle.  Our hydrology study showed that an “ox bow” around the trestle would accomplish only minor improvement and would not prevent future flooding.

            The U.S. Army Corps of Engineers may well discover additional areas of improving the flow of our creeks and river.

            The sponsor is aware of the following non-federal cost sharing requirements associated with the Corps’ flood control projects completed under authority of Section 205 of the 1948 Flood Control Act.

a. Feasibility Study. The Corps will conduct a Feasibility Study which is 100% federally funded up to $100,000. Costs over the $100,000 are cost shared with the non-federal sponsor on a 50/50 basis (up to one-half of the non-federal share can be in the form of in-kind services). An initial assessment early in the Feasibility Study will determine if Section 205 authority appears applicable and provides a basis for determining scope and cost of an entire Feasibility Study.

b. Preparation of Plans and Specifications. Detailed design and preparation of plans and specifications are treated as part of total project costs for purposes of cost sharing and the non-federal cost share for these activities is collected with the construction cost share.

c. Non-Federal Share of Construction. The non-federal share of construction consists of provision of lands, easements, rights-of-way, relocations and disposal areas necessary for the project (LERRD), plus a cash contribution of 5% of the total project costs; in the event that the value of LERRD furnished, plus 5% cash, does not equal at least 35% of the total project cost, the non-federal sponsor must contribute additional cash to equal 35%. If LERRD plus 5% exceeds 35%, the sponsor is responsible up to a maximum of 50% of the total project costs.

The sponsor is aware of the following:

Operation and Maintenance.The sponsor will be responsible for operation and maintaining the project upon completion.

Feasibility Study.The sponsor understands that the Corps will undertake the first phase of study when funds are available which may vary 18 – 24 months depending upon the size of the potential project and the federal budget cycle. An initial assessment at the beginning of the Feasibility Study normally takes 3 – 6 months and will provide the basis for determining the scope of study and whether the Section 205 authority appears appropriate to address the community’s flooding problem.

Expression of Intent.The sponsor is aware that this letter constitutes an expression of intent and not a contractual obligation and that the sponsor or the Corps may opt to discontinue the project development process at each stage as described in “a” and “b” above.

If you need additional information, please contact: Mayor Andrea J. Pendleton, Town of Rainelle, PO Box 648, 201 Kanawha Avenue, Rainelle WV  25962 or call  (304) 438-7191 or cell (304) 667-9233, email andypen241@msn.com.

 

Sincerely,

Andrea J. Pendleton

Mayor

 Michael Anderson, Esquire

Attorney for Town of Rainelle                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       

 Signed by Chief Executive Officer

And

Legal Counsel for the Government Entity

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