For the vast majority of Morgantown residents, the most visible symptom of the problems that the Morgantown Utility Board’s long-awaited Upper Popenoe Run project is intended to solve is the lowest point on Stewart Street, right in front of Shorty Anderson’s Auto Repair.

It stays wet year-round, resulting in huge potholes in spring, summer and fall, and a mix of potholes and ice in winter.

But currently it is on the verge of being withdrawn from the project.

MUB CEO Mike McNulty told the utility’s board on Wednesday that the garage owner had demanded $150,000 to grant MUB an easement to do work on the property.

McNulty said the easement was necessary so a $309,000 replacement and upgrade of the company’s private system could be completed as part of the proposed project. He said MUB offered the same $2,800 payment typical for other easements and offered to pave the garage parking lot and connect the downspouts as part of the work.

Nothing to do so far.

“This demand for cash … we are not recommending that the board accept this demand. We are recommending that if we cannot come to an agreement with our offer, that part of the project simply does not get built,” McNulty said. “We have provisions in the contract to that effect. We hope we can come to an agreement, but if not, this issue will not be resolved.”

In response to further questions on the matter, he said, “If the work is not completed and the problem persists, you must understand that we have done our best to get the easement… This will only affect the area there. When the water drains, it will flood the road, as is the case today.”

McNulty brought up the issue just before the board unanimously voted to award a $3,228,528 contract to Laurita Inc. for the long-awaited project. The project includes the installation of a 2,950-foot free gravity sewer, a 1,070-foot storm sewer, the rehabilitation of the Upper Popenoe Run creek and the planting of about 207 trees.

The work area extends from the stadium parking lot side of Willowdale Road and runs between Richland Avenue and Randolph Road to Hoffman Avenue, where it turns and runs behind the houses on Amherst Road to Stewart Street.

Funding will come from $1 million in American Rescue Plan Act funds from the City of Morgantown and Monongalia County, with MUB providing the remainder.

MUB member Erik Carlson asked whether the issue of easement could not be resolved in court.

McNulty said sentencing was an option but was not recommended by staff.

Carlson said he would be horrified if the project moved forward without all options being explored, especially since this site was one of the hardest hit during the historic rains in the summer of 2021 that kicked off the entire project.

“I just want to make sure we don’t give up our right to do this,” he said. “It seems to be the site that had the most problems during these two rains. I just want to make sure that stays on the table because I think it would be an absolute shame if the city, county and MUB came together and then left the most important piece of the puzzle unused.”

Work on the project is expected to begin in November.

On this day every year, the environmental regulations protecting the bats’ habitat are lifted. The regulation prohibits the removal of treetops from March 31 to mid-November.

McNulty said completion of construction depends largely on the severity of the coming winter.

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