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Easement dispute may remove key piece from MUB’s Popenoe Run project

For the vast majority of Morgantown residents, the most visible symptom of the problems to be addressed by the Morgantown Utility Board’s long-awaited Upper Popenoe Run project is the low point on Stewart Street directly in front of Shorty Anderson’s Auto Service. 

It stays wet year-round, leading to massive potholes each spring and summer and fall, and a mixture of potholes and ice each winter.  

But as of right now, it’s on the verge of being pulled out of the project. 

MUB General Manager Mike McNulty told the utility’s board of directors on Wednesday that the garage’s ownership has demanded $150,000 to give MUB an easement to work on their property. 

McNulty said the easement is necessary so a $309,000 replacement and upgrade of the business’ private system can be completed as part of the planned project. He said MUB has offered the same $2,800 payment typical of other easements and offered to pave the garage’s parking area and connect its downspouts as part of the work. 

So far, no dice. 

“This cash demand … we’re not recommending the board accept this demand. We are recommending if we can’t come to terms with what we’ve offered, then that portion of the project will just not be constructed,” McNulty said. “We’ve made arrangements for that in the contract. We hope we can come to an agreement, but if we don’t, that problem will not be fixed.”   

Asked about it further, he continued, “If that work is not completed and that problem still exists, I want you to understand we did our best to get the easement … It’ll just affect that area right there. As [water] runs off, it’ll flood the road like it does today.”  

McNulty raised the issue just before the board voted unanimously to award a $3,228,528 contract to Laurita Inc. for the long-awaited project, which includes the installation of 2,950 feet of gravity sewer line, 1,070 feet of storm sewer, the rehabilitation of the Upper Popenoe Run stream and some 207 tree plantings. 

The work area will stretch from the stadium parking lot side of Willowdale Road and run between Richland Avenue and Randolph Road to Hoffman Avenue, where it bends and runs behind the homes on Amherst Road to Stewart Street. 

Funding will come by way of $1 million in American Rescue Plan Act money from both the city of Morgantown and Monongalia County. MUB will pick up the remainder. 

MUB member Erik Carlson asked if the easement matter couldn’t be addressed in court. 

McNulty said condemnation is an option, but not the recommendation of staff. 

Carlson said he would hate to see the project move forward without exhausting every option, particularly as this was one of the most impacted sites during the historic summer 2021 rain events that served as the impetus for the entire project. 

“I just want to make sure we’re not waiving our right to do this,” he said. “It seems to be the site that had the most trouble during those two rain events. I just want to make sure that stays on the table because I think it would be an absolute shame for the city, the county and MUB to come together and then leave the most important piece of the puzzle sitting empty.”   

Work on the project is expected to begin in November. 

That’s when environmental restrictions in place to protect bat habitat are lifted each year. The regulation prohibits the removal of tree canopy starting March 31 and ending in mid-November. 

McNulty said the conclusion of construction is largely dependent on the severity of the coming winter. 

“Hopefully, it’s a mild winter, they can work through it and we can finish up in May, but it could be as late as August to finish up,” he said.