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-2- <br />determination, as this Agency's authorized Disputes Decision <br />official, that: <br />1. $86,453.70, the amount determined by the Minnesota <br />State District Court as the amount to be paid as full <br />and just compensation to the respondents in the eminent <br />domain proceedings, is allowable for Federal grant <br />funding; <br />2. $3,150, the cost of the City's appraiser services to <br />provide additional documentation for the eminent domain <br />appeal process, is allowable; <br />3. $7,182.91, the cost of legal services associated with <br />the eminent domain process is allowable and $135.00 of <br />legal services was for normalgovernmental operating <br />expenses and, as such is unallowable pursuant to 40 CFR <br />Part 35, Appendix A, Miscellaneous Costs, Item 2(a); <br />and, <br />4. $3,003.87, the cost for engineering services related to <br />the eminent domain land acquisition is allowable and <br />$589.29 of engineering overhead costs was unnecessary <br />and, therefore, unallowable pursuant to 40 CFR 30.135-3. <br />In summary, $99,790.45 of the $100,514.77 claimed by the City, or <br />$50,190.48 of the $50,914.77 determined unallowable in the MPCA <br />determination, is allowable for Federal grant funding. The <br />determination expressed above is an official disputes decision <br />pursuant to 40 CFR, Part 30, Subpart L, and absent a request from <br />the City for review by registered mail, return receipt requested, <br />within 30 calendar days of the date of this decision will <br />constitute final Agency action. You must file your request for <br />such a review with the Regional Administrator, Mr. Valdas V. <br />Adamkus, at the letterhead address, in accordance with 40 CFR 30 <br />Subpart L, which also contains further information regarding your <br />rights. <br />If you have any questions concerning this matter, please contact <br />me. <br />J,Respectfully, <br />. C ger, Chief <br />Water Compliance Branch <br />Disputes Decision Official <br />cc: Patty Burke, MPCA <br />