ABBREVIATED LAND ACQUISITION PLAN FOR THE PURPOSE OF CONSTRUCTION OF LUDA YANA DAM, PANAGYURISHTE MUNICIPALITY, BULGARIA 1. INTRODUCTION This Abbreviated Land Acquisition Plan (ALAP) has been prepared by the Ministry of Regional Development and Public Works (MRDPW) of the Republic of Bulgaria to outline the actions undertaken for the acquisition of land required for the construction of the Luda Yana dam and its ancillary components (i.e. dam wall, reservoir, water tower, wastewater pipe, main outlet discharge, spillway, potable water treatment plant (PWTP), “sanitary zone”, etc), including the associated infrastructure – water supply pipelines and relocation of electrical lines in the Municipality of Panagyurishte, Pazardijk region. The completion of this project is part of the Municipal Infrastructure Development Project (MIDP), implemented by the MRDPW with a credit facility of the International Bank for Reconstruction and Development. This ALAP has been drafted in conformity with the requirements of the applicable Bulgarian laws and the requirements of the MDIP’s Land Acquisition Policy Framework (LAPF) dated March 2009, which is in line with the World Bank Operational Policy (ОP) 4.12 on Involuntary Resettlement. The LAPF includes an analysis of the applicable legal framework, valuation criteria, entitlement matrix, stakeholder engagement and grievance mechanism, among other details. This Land Acquisition Plan complements and builds on the findings of the Social Due Diligence (November 2007)1 which describes the historical land acquisition under the construction of Luda Yana dam which started prior to the World Bank involvement in the on- going Municipal Infrastructure Development Project (MIDP). Land acquisition for the construction of the Luda Yana dam was conducted in two periods: (1) between 1986 and 1988 (historical land acquisition), and (2) between 2014 and 2016 (land acquisition under MIDP). The preparation of the draft ALAP started in 2014, prior to the start 1 Draft Social Due Diligence in respect of construction of Luda Yana Dam (November, 2007) Ministry of Regional Development and Public Works, Republic of Burgaria 1 of civil works implemented within the scope of the MIDP, and has been changed during the implementation of the project for updating the acquisition’s actions. In the meantime, affected people received compensation according to the policies and principles laid out in the LAPF, prior to the start of civil works. This revised ALAP was developed in order to document the loss of private land, asset or access to income generating activities as a result of activities conducted within the scope of the MIDP, and mitigation measures employed, so as to ascertain the Project compliance with the LAPF and the Bank’s OP 4.12. 2. LUDA YANA DAM PROJECT DESCRIPTION Luda Yana dam is located about 2 km northeast of Panagyurishte town at Luda Yana river straight after the flowing of Stara reka river and Muleyska river. The objective of the Luda Yana dam project is to provide sustainable water supply to Panagyurishte town and the neighboring villages Oborishte, Poibrene, Popintsi, Banya, Buta, Levski, Elshitsa, Radka mines, sites ‘Opticoelectron’ and ‘Asarel’ included in Panagyurishte municipality as well as five more populated areas in Pazardjik and Strelcha municipalities. Key components of the Luda Yana dam are as follows: dam wall, reservoir water tower, wastewater pipe, main outlet discharge, spillway, potable water treatment plant (PWTP). The construction works for the dam started in 1986. During the period 1990-1995, the works were suspended and in 2000, they were ceased. On 1 September 2016 the construction of the dam was resumed and is expected to be completed by 2019. 3. HISTORICAL LAND ACQUISITION Between 1986 and 1988 the Government of Bulgaria acquired 175.36 hectares of land for the construction of the Luda Yana dam. Of the land acquired in this period, 97.34 % (170.70 hectares) was publicly owned. The remaining 2.66% (4.6 hectares) was subsequently recognized (after the beginning of the restitution procedures in 1991) as belonging to private persons, although restoration of ownership rights was denied due to designation of these lands for the construction of the Luda Yana dam. In total, BGN 4 261 was paid to affected farmers as compensation for the denial of the restoration of ownership rights and for loss of economic assets affixed on the land such as perennial plants and crops. At the current moment, the State owns all of these lands. It is noteworthy that no physical relocation of households occurred under this historical land acquisition. 2 As shown in Table 1, in total 170.70 hectares (97.34 % of the acquired land) was publicly owned, including 85 hectares of agricultural land (48.5% of the total acquired land) expropriated from Farming and Industrial complex – Panagyurishte – in 19872; and 65 hectares transferred from the State Forestry Fund (37% of the total acquired land) in 1987.3 The remaining 20.7 hectares of publicly owned lands were transferred from various government agencies.4 The remaining 4.6 hectares (2.66 % of the acquired land) used to be State-owned real estates prior to the historical land acquisition used solely for agriculture use by citizens in the locality Pod Shterniata. It is noteworthy that, under the then effective law and regulations, these lands were part of the single State fund, i.e. no private property to be expropriated existed. These 4.6 hectares of land was granted for construction of dam production site in 1986 on the basis of the Municipal Council Executive Committee of Panagyurishte Order N 60 /04.03.1986. The farmers were compensated financially with a sum totaling BGN 4 261 when the land was granted for the dam construction mentioned above. Table 1. Summary of historical land acquisition (1986 – 1988) Dam Total amount State-owned Land acquired from private users of the land land required for designated Surface Number Amount of Payment of the for the of people compensation compensation construction construction affected paid Luda Yana 175.3 hectares 170.7 4.6 20 people BGN 4261 1986 dam hectares hectares The construction of Luda Yana dam started in 1986, however, it had hitherto been suspended during 1990-1995 and then completely stopped in 2000. After 1991 and the beginning of the restitution procedures, farmers who had used 4.6 hectares of land for farming purposes which had been granted for dam construction in 1986 lodged requests for the restoration of ownership right. The existence of such right of ownership was recognized, however, since these lands had already been granted for the construction of the 2 Decision N K3-6 of of 21.04.1986 3 Decision No 180 of of 12.08.1987 4 Such as: 9.2 hectares transferred from Forestry and Forestry Industry Association in 1987 (Order No 610 of 01.07.1987); 6,24 hectares granted by the council of Ministers Land Commission granted in 1987 (Decision No K3-3 of 27.02.1986); 0,52 hectares granted by Forestry Industry Association in 1987 (Order No 226 of 19.03.1987 of the Forestry and Forestry Industry Association); 4.7 hectares transferred by the council of Ministers Land Commission in 1988 on the basis of the Decision No КЗ -9 of 31.03.1988 of the Council of Ministers Land Commission; and 0.1 hectares granted by Forestry Industry Association in 1987 (Order No 225 of 19.03.1987). 3 Luda Yana dam, the restoration of the ownership right was denied and the persons claiming restitution rights were instead compensated under the procedures provided for by law. The owners have been awarded compensations in the form of registered compensatory notes – special instruments giving their holders the right to purchase agricultural land from the State land fund at special tenders, to take part in the privatization of State and municipal enterprises, as well as to use and acquire title on lands. The advantage of holding them is that only holders of compensatory notes are eligible by law to take part in tenders for gaining ownership over agricultural lands from the State land fund.5 The registered compensatory instruments may be inherited and are freely transferable. Their owners may earn income through sales on the Bulgarian stock exchange for cash, or through acquisition of shares in State owned enterprises against the bonds. Therefore, the affected farmers were provided with options to acquire lands from the State fund on exclusivity basis, or to earn income from the received compensatory instruments. No claims have been lodged contesting the Municipal Farming and Forestry Office Decision for compensation with registered compensatory notes. Currently the compensation procedure is fully completed. It has not been possible to determine to what extent people who received these compensatory notes have been able to realize their financial value (the notes have no term limit, and some may still be held by the recipients). However, during the local public consultations conducted repeatedly during the preparation phase of the project, no complaints were raised concerning the use or value of these compensatory notes. According to the Agricultural Land Ownership and Use Act 1991, and the Act Restoring Ownership on Forests and Forest Stock Land Tracts form the Forestry Fund, 1997, the last date for people to initiate claims for restitution of agricultural or forest land was May 14, 2007. The Land Acquisition Policy Framework (LAPF) which was developed during the preparation of the Project therefore does not include provisions for addressing new claims concerning the historical land acquisition which may be lodged during the implementation of the Project. The LAPF, however, does cover cases in which the initial claim was made prior to the deadline and in accordance with the law, but which have not yet been resolved. In the context of the Luda Yana dam construction, no such unresolved claims exist. 4. OBJECTIVES AND PRINCIPLES OF LAND ACQUISITION UNDER MIDP 5 Art.35, par.4 from Agricultural Land Ownership and Use Act 4 The premise governing this ALAP is that land acquisition may cause hardship and impoverishment, and therefore where it was not feasible to avoid land acquisition, project affected persons were consulted, compensated and assisted in their efforts to improve or restore their livelihoods and standards of living to the levels prevailing prior to the beginning of the project implementation. To support this objective, the following principles were applied:  During the sub-project preparation process, consideration of technical options involved a concurrent assessment of potential associated land acquisition impacts, so that, where feasible, design alternatives to minimize such impacts would be identified as early as possible.  Consultation arrangements during the project sub-component preparation process were transparent and inclusive to ensure that all persons affected by involuntary land acquisition would be consulted on the mitigation measures.  Compensation for lost assets would be provided at the replacement value before land and other assets were taken into possession or damaged/ lost.  Never in the course of the land acquisition for construction of Luda Yana dam, would the farmers lose more than 20% of the total area of all their farmed lands or their ability to farm, affecting thereby their livelihoods. 5. LAND ACQUISITION UNDER MIDP The project is complex and it affected more than 200 properties with different types of ownership and permanent use. Most of the land affected within the scope of the MIDP was owned either by the State or by the municipality. For the construction of ‘Luda Yana’ dam and its associated infrastructure (110 Kv power line “Lisets”, 20 kV power line, pipelines passing from the potable water treatment plan up to the tank in the high zone and pipelines passing from the Potable water treatment plan up to the tank in the low zone В) affected 38 land plots owned by 46 private individuals and 1 legal entity (7,14 ha total affected area- private property). All project affected land lots owned by private persons have been expropriated (35 land plots with total affected area of 6,89 ha, 35 affected private individuals and 1 legal entity) or under access restriction through easement or right to construct(3 land plots with total affected area of 0,25 ha, 11 affected private individuals). All compensation for the acquisition of property rights in the form of right to construct and easement (total sum of BGN 7 232) have been paid to the affected owners. As per August 2018 the majority (96.9%) of the compensation payments for expropriated land plots have been received by affected 5 owners. The remaining 3.1% of the compensation has not been received due to non-appeared owners. All the owners have been notified for their rights to receive the compensations but some of them have not gone to a bank office to obtain the compensations for their personal reasons. The public notifications made so far are as follows: No Date Notification Channel 1. 26/09/2014 Zname – local newspaper 2. 29/09/2014 Telegraph – national newspaper 3. 29/09/2014 Monitor – national newspaper 4. 29/09/2014 Regional Governance Official Site 5. 23/01/2015 Regional Governance Official Site 6. 30/10/2015 Zname – local newspaper 7. 02.11.2015 Telegraph – national newspaper 8. 02/11/2015 Regional Governance Official Site 9. 05/11/2015 Panagyurishte Municipality Official Site On the other hand, all owners were notified of the availability of compensation at their home address and have signed the receipt of the receipt of the notification. 6 The compensation is available in an escrow account of the district governor. The bank account is an interest- bearing and the affected persons will receive the compensation with the accrued bank interest for the period of deposit. The affected persons can receive the compensation in each bank office of Bank DSK JSC all over the country. The Bank has an office in the town of Panagyurishte, which will save time and transportation costs for affected persons. The land acquisition conducted under this project since 2014 have not resulted in physical displacement. The Project has had limited impact on the livelihoods of affected people. The land acquired for dam construction or the land where easement or right to construct was established under the MIDP were not used by respective land owners as a source of livelihoods. There were no buildings or structures on the affected land. While some local people (non-owners) used part of the privately owned land informally for grazing cows, sheep and goats, land owners did not gain any income from such an informal use of their lands by local people. For the period 2014-2016, the State employed two procedures for acquisition of tenure rights over land 6 Sample receipts of post returns are attached in Appendix 9 6 required for the construction of ‘Luda Yana’ dam and for associated infrastructure: acquisition of title of ownership and acquisition of property rights through easement or right to construct. The former was conducted for the construction of Luda Yana dam and the latter was used for the construction of associated infrastructure. In addition, some private land was acquired or land use restriction introduced to establish the Sanitary Protection Zone (SPZ) within the scope of MIDP. For establishment of the Sanitary Protection Zone Belt 1 have been expropriated 18 private land plots with total area of 2.94 ha. Compensations (BGN 53 683) were provided during the procedure of land acquisition for construction of the dam. Lands falling within Belt 2 and 3 are subject to some bans and restrictions but not subject to expropriation. In the case where landowners are affected by the established bans and restrictions within the frames of Belt 2 and 3, at their request, the affected individuals are entitled to compensation for all damages arising from the application of these rules. Up to now, no compensation requests have been made by the affected parties, therefore no compensations have been collected. Summary of land acquisition in relation to the construction of Luda Yana dam (including historical land acquisition) is provided below. 7 Table 2. Summary of Land Acquisition for Luda Yana dam (including historical land acquisition) Total Total Land Historical Land acquisition/ access restriction under the project Area acquired Type of infrastructure Acquisition land under the project built acquisition private municipal property public municipal property Private property (BGN7) (ha) area area # of compensation # of compensation # of area acquired compensatio acquired acquired plots (BGN) plots (BGN) plots (ha) n (BGN) (ha) (ha) 1.Luda Yana dam 175.3 ha 46 8.70 ha 51 491 45 10.4 ha 231 150 35 6.8937 189 417 472 058 25.99 ha 2. Associated 9 0.9345 ha 0 10 0.5482 ha 0 3 0.25 ha 7232 7 232 1.73 ha infrastructure* 2.1. 110 kV power line X 6 0.93 ha 0 4 0.2558 ha 0 3 0.25 ha 7 232 7 232 1.43 ha 2.2.20kV power line X 1 0.0009 ha 0 X X x x x x x 0.0009 2.3. High zone water X x X X X X x x x x x x pipeline 2.4. Low zone water X 2 0.0036 ha 0 6 0.2924 ha 0 x x x x 0.30 ha pipeline 3. SPZ X 1689 1968.23 ha 97 111 380 117.38 26 166 1971 1441.68 53 683 176 960 3527.29 ha 3.1. SPZ 1 X 28 7,5348 ha 97 111 23 8,9881 ha 26 166 18 2,9412ha 53 683 176 960 19.46 ha (expropriation) 3.2. SPZ 2 (land use X 247 111,1 ha X 64 8.19 ha x 317 178,74 ha x x 298.03 ha restriction)** 3.3. SPZ 3 (land use X 1414 1849,6 ha X 293 100,20 ha x 1636 1260 ha x x 3209.80 ha restriction)** Total 175.3 ha 1744 1977.87 ha 148 602 435 128.33 ha 257 316 2009 1448.82 ha 250332 656 250 3555.01 ha * Property rights were acquired through Right to Construct or Easement ** In the case where landowners believe they are negatively affected as a result of land use restriction under belts 2 and 3, at their request, affected individuals are entitled for compensation for the impact. Up to now, no compensation requests have been made by affected parties, therefore no compensations have been paid. 7 The average monthly conversion rate of the lev (BNG) against the US Dollar (USD) for October 2017 was 1,6579, according to the Bulgarian National Bank. 8 During the project of compensation payments, the affected persons had been identified and paid according the Project Resettlement Policy Framework (RPF), or more specifically, based on the entitlement matrix included in it, which is provided as follows: Table 2: ENTITLEMENT MATRIX ASSET TYPE OF ENTITLED COMPENSATION ENTITLEMENT ACQUIRED IMPACT PERSON  Less than  Cash compensation for affected land 70% of Owner/title determined in conjunction with this land ALAP such that it is equal to the holder holding replacement cost of the lost asset affected,  The remaining User of land  Use of alternative land/property to re- land without title establish use such as grazing remains AGRICULTURAL economica LAND/ MEADOW lly viable LAND Owner/title  Cash compensation for the assets at  More than their replacement value holder 70% of land  Uuse of of alternative land/property to holding re-establish use such as grazing User of land affected and without title remaining land is not viable Crops affected by land STANDING acquisition or  Cash compensation equivalent to the Owner market value for the affected crops CROPS temporary acquisition or easement TREES Trees lost Owner  Cash compensation based on type, age and productive value of affected trees TEMPORARY Temporary  Cash compensation for any assets Owner ACQUISITION acquisition affected (e.g. boundary wall demolished, trees removed) 9 ASSET TYPE OF ENTITLED COMPENSATION ENTITLEMENT ACQUIRED IMPACT PERSON Bans and  Compensation for loss of assets at Owner restrictions on replacement cost activities in  Cash compensation for loss of income LAND  Use of alternative land/property to re- Sanitary User of land establish use such as grazing Zones II and without title III For the period 2014-2016, the State employed two procedures for acquisition of rights over land required for the construction of ‘Luda Yana’ dam and the pertaining technical infrastructure: аcquisition of title of ownership over real properties through expropriation and acquisition of property rights (right to construct and easement) for building of the technical infrastructure of the dam. In the following section, how ownership lands were acquired, property rights obtained through the right to construct or easement, and access restriction introduced under the MIDP are presented, in addition to how such impact were compensated. 5.1. Acquisition of title of ownership through expropriation deeds issued by the competent State authorities (Ordinance № DS-215 of 01.10.2014 of the Regional Governor of District Administration Pazardjik and Ordinance № DS-225 of 05.11.2015 of the Regional Governor of District Administration Pazardjik) – expropriation procedure. This procedure has affected 6,89 hectares private lands owned by 35 physical persons and 1 legal entity and 19,1 hectares owned by the Panagyurishte Municipality. Pursuant to Ordinance № DS-215 of 01.10.2014 of the Regional Governor of District Administration Pazardjik, an expropriation procedure was carried out of privately owned land lots and parts of land lots, constituting agricultural lands and forest areas, located in the rural lands of Panagyurishte city, necessary for the ongoing construction of Luda Yana dam. The total area of expropriated land (from private land or private municipal land8) is 15,59 hectares (155.958 dka). The total 8 Under Bulgarian Law a property is not considered “public” solely by virtue of the fact that it is owned by the State or by the municipality. While individuals may only own private property, the State and the municipalities may own both public and private property. The different types of property are related to a different legal regime regarding the alienation and use of the property in question . 10 compensation amount was assessed at BGN 230 998 in accordance with the expert valuations, drawn up in May 2014, and updated in August 2014 and December 2014. By Ordinance № DS-225 of 05.11.2015 of the Regional Governor of District Administration Pazardjik the State acquired 10.4 hectares (104,027 decares) agricultural land, representing parts of land lots – public ownership of Panagyurishte Municipality, for the construction of the Luda Yana dam and its potable water treatment plant. The full compensation amount (BGN 231 150) has been paid to the Municipality. Table 4 shows the total area of lands expropriated since 2014 – both private property owned by private persons and the private municipal land. Table 4. Overview of expropriated private property (by land type and ownership) Table 4. Land plots subject to expropriation and included in project „Luda Yana” dam in the local land area of Panagyurishte village Private municipal property Public municipal property Private property Total No of Area of Compens No of Area of Compen No of Area of No of No of Compensa Total area Compensa properti land ation propertie land sation properties land people private tion of land tion es acquired (BGN) s acquire (BGN) acquired acquired affected companie (BGN) acquired (BGN) acquired (ha) acquired d (ha) (ha) s affected (ha) 46 8.70 51 491 45 10.4 231 150 35 6.8937 35 1 179 507 25.9937 462 148 None of the private properties for which land ownership was acquired had been used for productive purposes or income generation before the project, according to the affected people, and all affected people reportedly gain income from sources other than the project affected land (see Appendix 7). There were no buildings or other structures located thereupon. Some affected people (26) lost more than 20% of the total lands under their ownership; however, no significant impact on their livelihoods occurred since they had not gained any income from the affected land. Also, no grievances or complaints were registered and no appeals made to the court on compensation paid except from one local firm (see the section on grievance mechanism below). More detailed information, including lot numbers, official land categorization, compensation amount, total property area and area of land subject to expropriation for each individual land plot, is provided in Appendix 2 and Appendix 3. The expropriation of private land for the construction of Luda Yana dam, conducted in the period between 2014 and 2015, has been finalized and the ownership of the affected lands was transferred from the landowners to the State. In return, MRDPW has transferred all compensations to the district governor who is responsible for the payment of compensations 11 to the owners under the national legislation procedure. At the end of August 2018, 96,9% of the compensation payments were paid out to previous owners. The remaining 3,10% of the compensation amount was deposited in the escrow account of the district governor because the affected land owners could not be contacted (absentee owners) and compensation could not be received by them. The account funds cannot be used for other purposes by the district governor and it is exclusively at the discretion of the parties concerned to decide when to ask receipt of compensation payment. Only the district governor has the power to order a transfer of the funds from the escrow account to an account of an affected party concerned. 5.2. Acquisition of property rights through right to construction and easement through agreements with the owners of the affected lands and direct compensation payments issued to them. For the construction of associated infrastructure of ‘Luda Yana’ dam, the State has not acquired a title of ownership from any third persons (private individuals, legal persons or municipality). The property rights, required for the development of associated infrastructure have been acquired in the form of property rights, that is, right to construction or easements. The establishment of these rights affects the respective land plots only to the extent that is necessary for the construction of the associated infrastructure, allowing the normal and unhindered use of the remaining unaffected parts. Under the scope of the MIDP, right to construct or easement were established in the period 2014-2016 for the construction of following associated infrastructure: (i) 110 Kv power line “Lisets”, (ii) 20 kV power line, (iii) pipelines passing from the potable water treatment plan up to the tank in the high zone; and (iv) pipelines passing from the Potable water treatment plan up to the tank in the low zone В. In total, right to construct or easement were established for 0,25 hectares of private land, including 0.21 hectares under easement and 0.04 hectares through construction rights. The total size of land owned by people affected under the right to construct or easement is 1,44 hectares. Thus the other 1,19 hectares of land owned by them remain unaffected. No transfer of ownership for these properties was or will be executed. None of the affected people (11 individuals) gain income from or have built assets on the land where the right to construct or easement right was established. The contracts for easement or construction rights with the affected persons have been signed voluntarily by them and compensations have been paid. The compensations for granting easement and construction rights were calculated on the basis of fair market value of the affected lands. Fair market value was determined through a market study of recent sales in the municipality conducted by an independent appraiser which found that the offer is in line with 12 market prices. The price paid to the owners has been agreed with them in the course of the negotiations, before the signing of the contracts for vesting the rights. Acquisition of property rights for the relocation of Luda Yana dam’s associated infrastructure to new locations was conducted in the following way: Relocation of 110 kV power line: A detailed plan was approved on March 2015. The right to construct the overhead line 110kV „Lisets” was obtained in December 2015 - June 2016 through easement over 19 land plots, six of which owned by the State (2.19 hectares, 62%), 10 of which owned by the Municipality (0.26 hectares municipal public property and 0.89 hectares, 25 % - municipal private property), and 3 land plots owned by private persons (0.21 hectares, 6%) which were owned by private persons. Land for building poles was accessed by obtaining construction rights in the same period from the State (0.1 hectares, 5 land plots, 58%), the municipality (0.04 hectares, 2 land plots, 22%) or private persons (0.04 hectares, 3 land plots, 20%).9 In the process of defining the affected private areas where compensation was due, the appraisers have attempted to minimize the impact on the property lands and ensure that the size of the remaining land after land acquisition is still economically viable. The compensations for granting easement and construction rights were calculated on the basis of the fair market value of the affected lands. Fair market value was determined through a market study of recent sales in the municipality conducted by an independent appraiser which found that the offer is in line with market prices (For more details see Section 8). Easement contracts were signed by the landowners after being given the option to negotiate the value of the compensation. Compensation (full sum of BGN 7 232) has been paid to the affected private persons on the date of signing of the contracts for vesting property rights, that is, in December 2015. Rights to construction and easement over municipal land have been granted without compensation based on the Decision № 857 of 6 August 2015 of the Panagyurishte Municipal council. The shift of the overhead line further affected lots located in forest areas, but all these are privately State owned and thus no further actions were required for these lands to be used for the relocation of the 110 kV power line. More detailed information, including lot numbers, official land categorization, compensation, type of ownership is provided in Appendix 4. 9 Values in Table 2 combines impacts from the construction of overhead line 110kV „Lisets” and for building poles. 13 Relocation of 20 kV power line: A detailed plan was approved in April 2016. According to the line route, the erection of the power line required obtaining easement rights and construction rights over an estate owned by the State (0,15 hectares) and the municipality of Panagyurishte (0.0009 hectares). The town council of Panagyurishte has given its consent for free and indefinite registration of right to construct for the construction of cable pit and platform for an electric pole over a municipal property in connection with relocation of 20 kV power line. The construction of 20 kV power line does not require acquisition of lands owned by private persons. Construction of high zone water pipeline: A detailed plan was approved on January 2015 for the construction of pipelines passing from the PWTP to the tank in the high zone. Affected lots are State owned and no expropriation or restrictions on land owned by private persons was required. Construction of low zone water pipeline. A detailed plan was approved in March 2016 for the construction of pipelines passing from the PWTP to the tank in the low zone. The construction of the pipeline required the establishment of easements on 11 properties, 9 of which are ownership of the municipality and 2 are State property. Additionally, construction rights were established on 3 properties, 1 of which is State property and 2 are owned by the municipality. 5.3. Establishment of Sanitary Protection Zone (SPZ) – BELTS 1, 2 AND 3 SPZs were formed around water sources and potable and domestic water supply sources, such as the ‘Luda Yana’ dam. SPZs are established to provide: 1. physical security of the water supply source and/or the facility; 2. protection against entry of contaminants into the water sources; 3. security of the projected water volume and quantity into the water withdrawal facilities for the term of validity of the water use permit; 4. preservation of the water source in conditions allowing its future use for potable water supply purposes. The SPZs consist of three belts: 1. Belt 1 – strict protection closely around the water source and/or the facility from human activities that may deteriorate the used water; 2. Belt 2 –protection of the water source from: a. contamination of chemicals, biological, swiftly degradable, easily compostable and heavily absorbed contaminants; 14 b. activities that may decrease the water supply resources and/or the projected capacity rate of the water withdrawal facility; c. other activities resulting in deteriorated qualities of the extracted water and/or the conditions of the water supply source; 3. Belt 3 – protection of the water supply from: a. contamination by chemicals, slowly degradable, non-readily compostable, compounds with low level of absorption; b. activities that may decrease the water supply resources and/or the projected capacity rate of the water withdrawal facility; c. other activities resulting in deteriorated qualities of the extracted water and/or the conditions of the water supply source. The boundary of belt II is determined as a vertical projection on the earth surface, described by all points of the curve as water reachable the water source in 400 days. The boundary of belt III is defined as a vertical projection on the earth surface, described by all points of the curve as water reachable the water source in 25 years. Table 5. Summary of land acquisition and access restriction related to the SPZ: PROPERTY State State Municipa Municipal Private Managed Urban Settled Public Private l Public Private propert by the area property Property Propert Property Property y Municipa rights for the (hectar y lity construction (hectares) (hectares) (hectares) (hectare es) of the site Structures (hectare s) (hectares) s) SPZ Belt 1 0,0016 2,8252 8,9881 7,5348 2,9412 0,3819 0 100 % SPZ Belt 2 2,41 285,2 8,19 - 178,74 111,1 0 100% SPZ Belt 3 202,32 5766,35 100,20 0,20 1260 1849,6 0 100% 5.3.1. Expropriation of lands falling within Belt 1 of the SPZ of the Luda Yana dam. Private lands falling within Belt 1 of the dam’s SPZ, which cover an area of 22.67 hectares distributed in 85 plots, were subject to expropriation. 17 private persons had been affected by the procedure of exploration of lands falling within Belt 1. Compensations were provided during the procedure of land acquisition between 2014-2016 for the dam and calculated based on market values (see chapter 8). 5.3.2. Land use restrictions for Belts 2 and 3 15 Lands falling within Belt 2 and 3 were not subject to expropriation. According to the Bulgarian law, certain activities are prohibited that are likely to have negative impacts on the water source. Such land use restrictions are closely associated with the objectives of the specific belt described above. In line with Bulgarian legislation for announcement of SPZs, these land use restrictions are marked on cadastral maps and land division plans, and are designated in the title documents and are marked by special signs in the field. The land use restrictions for the SPZ are governed by an ordinance of the Minister of Environment and Waters, the Health Minister and the Minister of Regional Development and Public Works, promulgated in the State Gazette. In this manner, land use restrictions relevant to SPZs are made public to all affected parties. Relevant bans, restrictions and restrictions in case of demonstrated need (RDN)10 include underground resources extraction (restriction), use of the land plot for new or existing cemetery for new funerals (RDN), developing facilities and industrial activities leading to an increase in the eutrophication substances’ content in water (RDN), etc. described in Appendix №5 in more detail. These regulatory restrictions have been introduced for public benefit aimed to protect the water of Luda Yana dam against pollution. In the case where landowners are affected by the established bans and restrictions within the frames of belts 2 and 3, at their request, the affected individuals are entitled to compensation for all damages arising from the application of these rules. The method of allocation of compensation is determined by the Minister of the Regional Development and Public Works and the Minister of Environment and Waters. The parties which are not satisfied with the attributed compensation are allowed to appeal before the competent court. Up to now, no compensation requests have been made by the affected parties, therefore no compensations have been collected. 6. INFORMAL LAND USE A field study on the informal use of land needed for the construction of Luda Yana dam was carried out on 24, 25 and 26 September 2012. The field study was conducted by a commission of three experts including: a representative of the MRDPW, a representative of Panagyurishte municipality and an appraiser. The results of the study were laid down in a Protocol signed by the commission members (Appendix 6). 10 A provisional ban on activities likely to cause non-essential water pollution, which shall be in force until the originator of the activity brings out counter-arguments) 16 In the course of the field study, the following forms of informal use of land were detected in the area of Luda Yana dam: throughout the entire year, save the winter season, the area of the dam was used as a pasture of about 45 cows owned by different households in the residential district of Panagyurishte municipality. All animal owners had assigned the grazing to two shepherds. These households further used the dam area as a full year pasture for their goats and sheep. The number of goats and sheep was a variable, but at the time of most active grazing it used to reach 50 sheep (a herd) and 60 goats, divided in two herds (one of 25 goats and the other of 35). The dam wall area was used by the animals for direct access to the pasture area determined by the local authority for grazing and located in the area of Tarnov dol that remains unaffected by the Project. The Panagyurishte Municipality has confirmed that animal owners have been provided and every next year will be provided access to other grazing land and pastures on the municipality territory as an alternative pasture land for the time of the construction of the dam and after the impoundment (see appendix 6). Each year the local administration determines grazing land and pastures on the municipality territory, which may be used by informal users of land affected by the Project until 26 September 2012. The affected persons become familiar with the alternative land available for grazing through a public notice published in a daily printing media and exhibited on highly visible place by Panagyurishte Municipality. According to Code of administrative procedure (art. 107) every concerned citizen may lodge a proposal or alert even without direct and personal interest in the matter to Municipality of Panagyurishte. Proposals may be made for improvement of the organization and operation of the competent authority or for addressing other matters falling within the competence of the said authorities. Alerts may be submitted about abuse of power and corruption, mismanagement of State or municipal property and about other legally non-conforming or inexpedient actions or omissions of administrative authorities and officials in the relevant administrations, which affect State or public interests, rights or legitimate interests of other persons. The proposals and alerts may be written or verbal, may be submitted in person or through the agency of an authorized representative by telephone, telegraph, telefax or electronic mail. The telephone, telefax and electronic mail of the Contractor, Project Manager and Employer are written on the site table according to local legislation in order the citizens to be able to address their grievances. An interview with affected persons conducted on July 19th, 20th and 23rd, 2018 (Appendix 7) confirmed that grazing land and pastures are indeed made available to them by the municipality. 17 7. LAND ACQUISITION IMPLEMENTATION: CONSULTATIONS AND NEGOTIATIONS PROCEDURES Under the Project, the consultations with the affected parties ran in two stages: 1. A public consultation on the detailed development plan of Luda Yana dam was performed in January 2012 that provided information about the land plots to be expropriated and served as a basis for implementing the expropriation; 2. Negotiations with the owners of the lands subject to expropriation were held. Stage 1: On 09.01.2012, a public consultation was held at Panagyurishte municipality regarding the detailed development plan for Luda Yana dam. Panagyurishte municipality presented the plan to the public in State Gazette, issue 3 of 10.01.2012. The concerned parties were granted a thirty-day term (beginning on the date of the presentation of the development plan in State Gazette) during which they were to submit their written oppositions, proposals and demands. No oppositions, demands and proposals have been filed by the affected parties within the prescribed term. The detailed development plan of Luda Yana dam was approved by Decision № 101 of 29.03.2012 of the City council of Panagyurishte municipality. Stage 2: The land acquisition was carried out pursuant to negotiations that were held with the landowners of properties affected by the Project for the purpose of reaching an agreement on several issues, including fair compensation for the landowners. The negotiations were held with affected persons in a transparent manner to ensure that any affected person has been well advised about the need of expropriation of the respective land and the manner of the offered compensation, based on expert valuation (see ch. 8 for more details on valuation methodology). The negotiations were held in 5 consecutive days (between 19-23 May 2014) publicly announced in the following manner: 1. Panagyurishte municipality sent invitations to all of the affected persons for holding discussions on the specified dates. The invitations were sent by postal service to the address of the affected parties with return receipt verifying receipt by the party concerned. 2. The negotiation dates with the affected parties were made publicly known in two local daily newspapers; 3. A notification of the specified negotiation dates was displayed on the notice table located in the building of Panagyurishte municipality. 18 The negotiations were run by a Commission to Panagyurishte municipality, including a representative of MIDP Project Management Unit (PMU), a municipal representative and the appraiser appointed to prepare the valuation of the affected land. During the discussion, the Commission informed the affected persons in detail on the need of expropriation of their land, of the valuation method applied to their land and the remaining land, of transactions with similar properties in the area during the past 12 months, if any, and of their contracted value. Where an agreement was reached, the affected persons signed a declaration form providing their consent for the expropriation of the specific lands and the compensation amount that was to be paid to them. The minutes of the consultations and the copies of the signed declarations of consent for expropriation by the affected persons are attached to the ALAP (Appendix 8). Where any of the affected persons was not able to attend the initial discussions, the consultations were carried out on a date that suited the person and where necessary, transport was secured to the municipal premises for attending the discussion. Negotiations with persons who were unable to attend the premises of Panagyurishte municipality (e.g. due to disease) were held by the Commission outside of the municipal building at a place appropriate for the affected person. The objective of the negotiations was to reach a fair agreement on the expropriation of the lands and thus to evade any future litigation proceedings. The Commission held Minutes of the discussions and reached settlements with the declarations for consent signed by the affected persons attached thereto. 8. VALUATION METHODOLOGY 8.1. VALUATION METHODOLOGY FOR COMPENSATIONS OF LOSS OF TITLE/OWNERSHIP OVER AGRICULTURAL AND FORESTRY LANDS Negotiations with affected persons were held in line with the valuations prepared by independent licensed valuation experts of agricultural land and forestry. The appraisers had been elected by the Ministry of Regional Development and Public Works in conformity with a public and transparent procedure. The appraisers were independent both from the Ministry of RDPW and from the persons affected by the Project. 19 The valuation of the land was accomplished by means of ‘replacement value’ 11 (see details in section 8.2) enabling the affected person to purchase land of a similar size and quality in the same area. For this purpose, the appraisers surveyed and obtained documents of closed transactions during past 12 months with agricultural lands and forestry similar to and located in the vicinity of the affected properties. The appraisers used information on the registered transactions of market analogue cases for land having the same properties as the affected, located in the same area and signed deals over the last 12 months prior to the date of the assignment of the valuation where at least one of the parties to the deal was a commercial entity. The price of the plantation was determined by various formulae according to factors such as value of timber, age of plantation, expected value from the plantation, set out on the basis of costs spent on the plantation growth, etc. Where there were no market analogue cases, the appraisers employed the methodology described in the Ordinance on the price determination of agricultural lands12 and the Ordinance on valuation of rural lands in forest areas13, issued by the Council of Ministers of the Republic of Bulgaria. The prices of the agricultural lands were defined in BGN per decare in respect of the primary prices, differentiated according to their status, location and other economic indicators. The primary prices indicated the amount of the capitalized land rent charge (annual rent charge per one decare х 25) according to the land categories (quality of the land) and the market conditions in the country. Thus the defined primary price of a certain agricultural land was differentiated by the following ratios: а) area of the plot; b) for irrigation – it is employed if irrigation facilities fit for operation are available in the appraised land or natural water source allowing water supply into the property; c) distance from main markets – shortest distance measured by a road map between the populated area of the rural land where the land is located, and the cities; d) distance measured by the shortest overhead line from the land borders to the border of the closest urban area (populated neighbourhood or settlement), established by a zoning plan. The algebraic sum of the coefficients was determined as a 11 As defined by World Bank’s Operational Policy 4.12 on Involuntary Resettlement 12 Approved by CMS of 26.05.1998, prom., SG, issue 84 of 5.06.1998, in force as of 5.06.1998, am., issue 63 of 13.07.1999, in force as of 1.01.1999, am and supplem., issue 98 of 1.12.2000, am., issue 41 of 24.04.2001, in force as of 24.04.2001, issue 44 of 8.05.2001, am and supplem., issue 96 of 11.10.2002, in force as of 11.10.2002, am., issue 31 of 4.04.2003, am. And supplem., issue 59 of 19.07.2005, in force as of 19.07.2005, issue 75 of 12.09.2006, in force as of 12.09.2006, am., issue 78 of 26.09.2006, supplem., issue 62 of 31.07.2007, in force as of 31.07.2007, am. and supplem., issue 45 of 13.05.2008, am., issue 62 of 4.08.2009, supplem, issue 39 of 20.05.2011, am., issue 50 of 1.07.2011 13 Adopted by SMC 236 prom., SG, issue 63 of 16.08.2011, in force as of 16.08.2011. 20 common adjustment coefficient by which the primary price was multiplied so as to form the price of the specific land plot. Pursuant to the Ordinance on valuation of land in forestry areas, the price of land in forestry area represented its monetary value as of a certain date dependent on: 1. The market conditions; 2. the value of the land and plantation thereon; 3. The particular beneficial functions of the forest; 4. The location of the land. The compensation of land in forestry areas was determined as the sum of the land price and the price of the plantation located thereon. The land price was determined according to the average value of land as per types of plants growing thereon defined in the Ordinance and varied between BGN 1000 and 6600 per hectare (approximately USD 709 to 4,700 per hectare). The price of plantations is determined by various formulae according to factors such as value of timber, age of plantation, expected value from the plantation, set out on the basis of costs spent on the plantation growth, etc. 8.2. ACHIEVEMENT OF REPLACEMENT COST FOR LOST ASSETS In line with the World Bank Operational Policy (OP) 4.12 the Bank requires all Clients to provide compensation at RECPLACEMENT COST (definition provided in OP 4.12 ANNEX A – footnote 1: “For agricultural land, it is the pre-project or pre-displacement, whichever is higher, market value of land of equal productive potential or use located in the vicinity of the affected land, plus the cost of preparing the land to levels similar to those of the affected land, plus the cost of any registration and transfer taxes”. The methodology employed for appraisal of the affected lands meets the criteria for replacement cost as defined in OP 4.12, as follows: 1. The price determination takes into account the registered transactions of market analogue cases for land with the same quality as the affected, located in the same area and signed over the last 12 months prior to the date of the assignment of the valuation, and where at least one of the parties to the deal is a commercial entity. 2. The appraisal of the land takes into consideration land preparation/ development (e.g., roads made, irrigation invested, etc) and 3. The land expropriation did not incur any costs for the affected land owners as they didn’t pay any registration and transfer taxes. The monetary compensation for the expropriation of land affected by the Project meets the replacement value in line with World Bank OP 4.12. 21 9. GRIEVANCE MECHANISM 9.1. PROCEDURE FOR SETTLEMENT OF DISPUTES AND GRIEVANCES All disputes and grievances connected with the land acquisition procedure are subject to the following Grievance Redress Mechanism: 1. The competent service - The parties concerned by the Project may refer their complaints and suggestions on the procedure to a Grievance Redress Commission (GRC) that includes 5 members – 4 of them are representatives of the MRDPW and one – representative of the municipality Panagyurishte. 2. Submission of a Complaint Who May Submit a Complaint? 2.1.Complainants. A complaint may be submitted by one or more individuals, or their representatives, who believe they are directly and adversely affected by the Project. 2.2.Identity of Complainants. The complaint must identify the individual(s) submitting the complaint, and whether they are Project-affected individual(s) and/or a community or representative. 2.3.Confidentiality. Complainants may ask that their identity be kept confidential. The request for confidentiality should be submitted with the complaint. The GRC will maintain confidentiality of personal or classified information if requested. 2.4.Representatives. Complainants may submit a complaint through an authorized representative. The authorized representative must include his/her name and contact details and sign the complaint. The representative must also provide written proof (such as a signed letter by the complainant(s)) of his/her authority to represent and act on behalf of the complainant(s) in relation to the complaint. The GRC will communicate directly with the authorized representative, as necessary and appropriate, and will keep the representative and/or complainant(s) informed about the status of the complaint. Complainants may also submit the complaint on their own behalf and appoint a contact person or persons for all communications regarding the complaint. 2.5.Anonymous complaints. Anonymous complaints will be deemed inadmissible. However, if an anonymous complaint contains specific information about Project-related issues, it will be forwarded to the MIDP PIU for its information and follow-up, where appropriate. The GRC has not so far received any anonymous compliances. 3.How to Submit a Complaint A complaint can be submitted in any of the ways outlined below: 22 ■ Via email: aandreev@mrrb.government.bg ■ Via phone: +359 2 9405291 ■ Via fax: +359 2 9872517 ■ Via Grievance Log at the Luda Yana Dam Site Ministry of Regional Development and Public Works Grievance Redress Commission of the Municipal Infrastructure Development Project 17-19 Kiril i Metodii str. 1202 Sofia, Bulgaria 4. Format and Language of a Complaint 4.1. Complaints may be submitted in Bulgarian language. All of the GRC correspondence with the complainant will be in Bulgarian. 4.2. No specific format is required as long as the required information is included: (a) identity of complainant(s) and representatives, if any; and (b) information as detailed in the section below. 5. Content of a Complaint: Required Information 5.1.Subject matter of a complaint. A complaint must allege actual or potential harm resulting from the Project including amount of compensations. 5.2.Substance of a complaint. The complaint must state the adverse impact(s) allegedly caused or likely to be caused by the Project. This should be supported by available documentation and correspondence, where possible and appropriate, or upon the GRC's request at a later date. The complainant(s) may also indicate the desired outcome of the complaint, i.e., how it may be resolved. 6. Scope and Admissibility of Complaints 6.1.Complaints are admissible if they meet the following criteria: ■ The Project is active, i.e., appraisal has begun and the Project has not yet closed; ■ The complaint is filed by Project-affected individuals and/or communities, or their representative; ■ The complaint alleges that the Project has caused or will cause harm to the individuals and or communities submitting the complaint. 6.2.Complaints that are obviously frivolous or absurd are not admissible. 7. Determination of Admissibility 7.1. Registration of complaints. After receipt of a complaint, the GRC immediately registers it in the Complaints Register. 7.2. Within two business days of receipt of the complaint, the following takes place: 23 ■ Notification of receipt. The GRC notifies the complainant(s) of receipt of the complaint. With the notification of receipt, the GRC may also request additional information from the complainant(s). ■ Classification of complaint. The GRC determines whether the issues relate to procurement or to other matters falling within the mandate of the GRC, as set forth in this Grievance Redress Mechanism. 7.3. Evaluation. Within 10 business days, the GRC reviews and evaluates the complaint and determines whether the complaint meets the admissibility criteria set forth above, in consultation with relevant staff. 7.4. Request for additional information. During the 10-day admissibility assessment period, the GRC may request further information from the complainant(s). If no response is received from the complainant(s) within 5 business days of the request, the GRC contacts the complainant(s) again. If no response is received within 10 business days of the second request, the GRC considers closing the case. However, even if the case is closed, if the complaint contains specific information about Project-related issues, the GRC may take action where appropriate. 7.5.Admissible complaints. If the complaint is admissible, the complainant(s) are notified of admissibility. 7.6.Non-admissible complaints. If the complaint is non-admissible, the complainant(s) are notified of this decision and the reasons for it, and are referred to relevant institutions, where appropriate. The GRC then closes the case. 8. Formulation of Proposal 8.1.After declaring the complaint admissible, the GRC opens the Formulation of Proposal phase. The GRC review the issues raised and discuss possible ways to move forward. The GRC contact the complainant(s) to review the concerns and agree on next steps to address the complaint. This communication occurs no later than 10 business days after the GRC has communicated the admissibility of the complaint to the complainant(s). 8.2.Proposal to complainant(s). The GRC formulates a proposal to address the issues raised in the complaint. Within 10 business days after determination of admissibility of the complaint, the proposal should be presented to the complainant. In exceptional cases, e.g., for complex complaints or complaints supported by a large number of documents, the time limit provided for in this paragraph may be extended and the complainant(s) will be informed 24 accordingly. The GRC consults with and seeks the input of the complainant(s) on all aspects of the proposal. 8.3.The proposal should include an action plan with a time frame for its implementation. 8.4. Agreement by complainant(s). If the proposal is accepted by the complainant(s), the GRC implements it according to the process and timeframe set forth in the proposal. Agreement on the proposal should be reached within 30 business days after the initial proposal has been presented to the complainant. For extraneous circumstances, additional time can be granted if both parties agree. 8.5. Rejection by complainant(s). If the proposal is rejected by the complainant(s) and/or the complaint cannot be resolved through the process outlined in these procedures, the GRC informs the complainant(s) that no resolution could be reached. The GRC then refers the complainant(s) to other options for remedy, where appropriate, such as resolving the dispute in the court. 9. Implementation of Proposal 9.1.Implementation. Once the proposal is accepted, the GRC promptly starts implementing the proposal. The proposed time frame will depend on the nature of the actions. The GRC will inform the complainant(s) in advance and explain the scope of the action plan and the timeframe. 9.2.The GRC keeps the complainant(s) up to date on the status and progress of the implementation of the proposal until resolution of the complaint. 10. Case Closure 10.1.Resolution. The GRC considers the complaint resolved and closes the case when there is agreement with the complainant(s) that the proposal has been successfully implemented and the issues addressed. 10.2.No satisfactory resolution. If complainant(s) believe that the complaint has not been addressed through the implementation of the agreed upon proposal, the GRC engage with the complainant(s) to determine whether and how a satisfactory outcome can be achieved. If these additional consultations do not lead to a further agreement, the GRC refers the complainant(s) to other options for remedy, where possible and appropriate. The GRC then closes the case. 11. Information Sharing and Communication with Complainants 25 11.1.The GRC shares with the complainant(s) all information relevant to the case, including updates on the status and progress of the complaint handling process. 11.2. The GRC maintains consistent communications with the complainant(s) throughout the process via email, phone communication or other means as preferred by the complainant(s). 9.2. LEGAL DISPUTES THAT HAVE OCCURRED SO FAR Up until August 2018, the aforementioned procedure for the voluntary settlement of disputes and grievances has not been used. There has only been one single dispute regarding the project land acquisition and it has been settled by an administrative court. The Ordinance № ДС-215 of 01.10.2014 of the Regional Governor of District Administration Pazardjik for the expropriation of lands – private property of individuals and private municipal property, has been appealed solely by the corporate entity „Hydrostroy - P“ ЕООD with regard to the amount of allocated monetary compensation. „Hydrostroy - P“ ЕООD appealed to the court for increase of the compensation from BGN 27 750 to BGN 147 573,01. With Judgment № 663 of 19.12.2014 the Administrative Court in Pazardjik city dismissed the petition of „Hydrostroy - P“ ЕООD for award of damages in the amount of BGN 147 573,01 and increased the value of the compensation from BGN 27 750 to BGN 37 660, i.e. by BGN 9 910. The amount determined by the court was based on a conclusion of an expert appraiser, appointed by the court, containing a market price of the expropriated part of the property defined on the grounds of transactions concluded over the last 6 months. Ordinance № ДС-215 of 01.10.2014 of the Governor of district Pazardjik came into force on 29 December 2014. The full compensation amount allocated for expropriation was thus BGN 230 998, including BGN 9 910 - additionally awarded in favour of „Hydrostroy - P“ ЕООD. This additional compensation was paid on 19 January 2015. 26 APENDIX № 1 – DETAILED INFORMATION REGARDING LAND ACQUISITION RELATED TO THE LUDA YANA DAM AND ITS ANCILLARY COMPONENTS AND RELATED TECHNICAL INFRASTRUCTURE Municipal Municipal Private Managed by Urban area Settled property rights State Public State Private property the for the construction of PROPERTY Public Private Property Property Municipality the site Property Property № Area Area Area Area Area Area Area Area YES Structures hectare % % % % hectare % % % % hectares hectares hectares hectares hectares hectares /NO s s 1 Dam wall and appurtenant 0,2894 0 156,9626 96 1,415 1 1,9657 1 3,1622 2 0,3407 0 0 0 164,1217 100 YES structures 2 SPZ Belt 1 /total properties 0,0016 0 2,8252 12 8,9881 40 7,5348 33 2,9412 13 0,3819 2 0 0 22,6728 100 YES 1002,1003,1004/ 3 PWTP 0 0 1,6656 100 0 0 0 0 0 0 0 0 0 0 1,6656 100 YES 4 Service building 0 0 0,4905 100 0 0 0 0 0 0 0 0 0 0 0,4905 100 High zone water- main shafts - 5 establishing 0 0 0,0007 100 0 0 0 0 0 0 0 0 0 0 0,0007 100 YES construction rights High zone water- 6 main shafts - 0 0 0,1025 100 0 0 0 0 0 0 0 0 0 0 0,1025 100 YES Easement 27 20 kV power line 7 0,1467 100 0 0 0 0 0 0 0 0 0 0 0 0 0,1467 100 YES - Easement 20 kV power line - Passing 8 through 0,0006 100 0 0 0 0 0 0 0 0 0 0 0 0 0,0006 100 YES Panagyurishte colonies road 20 kV power line 9 0 0 0 0 0 0 0,0009 100 0 0 0 0 0 0 0,0009 100 YES - shafts 110 kV power 10 0 0 0,1046 58 0 0 0,0389 22 0,0357 20 0 0 0 0 0,1792 100 YES line - Steps 110 kV power 11 0 0 2,1903 62 0,2558 7 0,8938 25 0,2147 6 0 0 0 0 3,5546 100 YES line - Easement Low zone water- main shafts - 12 establishing 0,0004 50 0 0 0,0004 50 0 0 0 0 0 0 0 0 0,0008 100 YES construction rights Low zone water- 13 main shafts - 0,1676 31 0 0 0,292 54 0,0036 1 0 0 0 0 0,0768 14 0,54 100 YES Easement 28 LEGEND: NECESSITY Type of Property OF TYPE OF PROCEDURE PROCEDURES State Public NO - Change of designation, if necessary: Agricultural lands - under the Agricultural Land State Private NO Conservation Act Forest territoties - Forestry Act By decision of the Municipal Council: Donation decision - for p. 5-13 Municipal Public Transformation in Municipal Private - for p. 1-4 Managed by the Municipality YES The properties managed by the Municipality are /Residual Land Fund/ transformed into State public property without a decision of the Municipal Council" Market valuations are prepared and the affected properties Municipal Private YES are bought Market valuations are prepared and the affected properties Private property YES are bought The change is made with the entry into force of the Detailed Development Plan and the placement of the Urban area /Settlement/ NO property in the cadastral map. In this particular case only Punicipal Public Property is beeing affected /Urban area/ 29 APPENDIX 2: REGISTER OF LAND OWNED BY PRIVATE PERSONS AND MUNICIPALITY EXPROPRIATED FOR THE CONSTRUCTION OF LUDA YANA DAM AT 2014 List of land plots – municipal ownership, subject to expropriation and included in project „Luda Yana” dam in the local land area of Panagyurishte village Area subject to Total expropriation Serial property (% of total Monetary № Official land area, property area) Type of title of Name of title compensation, Lot № categorization Decares ownership holder BGN 0,314 Panagyurishte field Private 1. 36.331 2.98 (10.5%) municipality BGN 186 municipal forests and shrubs in 0.119 Private Panagyurishte 86.309 2. agricultural land 0.942 (12.6%) municipal municipality BGN 70 forests and shrubs in 0.526 Private Panagyurishte 3. 86.313 agricultural land 2.934 (17.9%) municipal municipality BGN 311 1.562 Private Panagyurishte 4. 86.317 field 2.104 (74.2%) municipal municipality BGN 924 forests and shrubs in 3.54 Private Panagyurishte 5. agricultural land 3.54 (100%) municipal municipality BGN 2 094 86.319 forests and shrubs in 0.411 Private Panagyurishte 86.328 6. agricultural land 0.411 (100%) municipal municipality BGN 243 2.821 Private Panagyurishte 7. 86.330 field 8.939 (31.6%) municipal municipality BGN 1 668 4.578 Private Panagyurishte 4.965 8. 86.331 field (92.2%) municipal municipality BGN 2 707 12.596 Private Panagyurishte 9. 86.332 field 12.731 (98.9%) municipal municipality BGN 7 449 6.353 Private Panagyurishte 10. 86.335 field 6.961 (91.3%) municipal municipality BGN 3 757 4.857 Private Panagyurishte 11. 86.336 field 5.09 (95.4%) municipal municipality BGN 2 872 3.825 Private Panagyurishte field BGN 2 262 12. 86.337 3.831 (99.8%) municipal municipality Degradation of arable 12.881 Private Panagyurishte BGN 7 618 13. 86.343 land 16.6 (77.6%) municipal municipality 0.010 Private Panagyurishte 14. forests and shrubs in 86.344 26.382 (0.04%) municipal municipality BGN 6 agricultural land 4.227 Private Panagyurishte 15. 86.345 field 5.168 (81.8%) municipal municipality BGN 2 500 1.078 Private Panagyurishte 16. 86.346 field 1.078 (100%) municipal municipality BGN 638 4.738 Private Panagyurishte 17. 86.352 field 10.778 (44%) municipal municipality BGN 2 802 Degradation of arable 1.417 Private Panagyurishte 18. 86.353 land 2.206 (64.2%) municipal municipality BGN 838 forests and shrubs in 0.063 Private Panagyurishte 19. 86.354 agricultural land 3.697 (1.7%) municipal municipality BGN 37 forests and shrubs in 2.517 Private Panagyurishte 20. 86.355 agricultural land 3.227 (78%) municipal BGN 1 489 municipality 0.618 Private Panagyurishte 30 21. 86.370 arable land 1.348 (45.8%) municipal municipality BGN 365 0.116 Private Panagyurishte forests and shrubs in 22. 86.371 5.904 (2%) municipal municipality BGN 69 agricultural land 0.448 Private Panagyurishte meadow 23. 86.372 6.93 (6.5%) municipal municipality BGN 265 0.011 Private Panagyurishte 24. 86.383 orchard 1.778 (0.6%) municipal municipality BGN 36 forests and shrubs in 0.095 Private Panagyurishte 25. 86.392 agricultural land 1.159 (8.2%) municipal municipality BGN 56 forests and shrubs in 0.011 Private Panagyurishte 26. 86.397 agricultural land 1.983 (0.6%) municipal municipality BGN 7 0.702 Private Panagyurishte 27. 86.402 meadow 1.423 (49.3%) municipal municipality BGN 415 0.505 Private Panagyurishte field 28. 86.403 0.82 (61.6%) municipal municipality BGN 299 1.001 Private Panagyurishte 29. 86.406 field 10.797 (9.3%) municipal municipality BGN 592 0.792 Private Panagyurishte forests and shrubs in 4.264 30. 86.411 (18.6%) municipal municipality BGN 468 agricultural land 0.202 Private Panagyurishte 31. 86.412 arable land 1.797 (11.2%) municipal municipality BGN 119 1.200 Private Panagyurishte 32. 86.413 meadow 6.559 (18.3%) municipal municipality BGN 710 0.574 Private Panagyurishte meadow 33. 86.414 6.592 (8.7%) municipal municipality BGN 339 forests and shrubs in 0.014 Private Panagyurishte 34. 86.417 agricultural land 2.325 (0.6%) municipal municipality BGN 8 forests and shrubs in 0.385 Private Panagyurishte 35. 86.419 agricultural land 3.766 (10.2%) BGN 228 municipal municipality forests and shrubs in 0.046 Private Panagyurishte 36. 86.421 agricultural land 0.836 (5.5%) municipal municipality BGN 27 2.841 Private Panagyurishte 37. 86.434 field 5.246 (54.2%) municipal municipality BGN 1680 0.046 Private Panagyurishte 38. 2.005 BGN 27 86.440 field (2.3%) municipal municipality 0.971 Private Panagyurishte 39. 86.455 field 3.042 (31.9%) municipal municipality BGN 574 4.974 Private Panagyurishte 40. 6.235 BGN 2 942 86.457 field (79.8%) municipal municipality 0.484 Private Panagyurishte 41. 86.465 arable land 0.484 (100%) municipal municipality BGN 286 1.235 Private Panagyurishte 42. 5.01 BGN 730 86.467 meadow (24.7%) municipal municipality 0.079 Private Panagyurishte 43. 86.341 meadow 1.303 (6%) municipal municipality BGN 47 0.492 Private Panagyurishte 44. 6.417 BGN 291 86.313 field (7.7%) municipal municipality 0.067 Private Panagyurishte 45. 521.28 field 2.532 (2.6%) municipal municipality BGN 40 0.676 Private Panagyurishte 46. 6.009 BGN 400 521.41 field (11.2%) municipal municipality Hectares 8.70 51 491 Total BGN 31 List of agriculture land plots – private ownership, subject to expropriation and included in project „Luda Yana” dam in the local land area of Panagyurishte village Total Area subject to Serial property expropriation Date of Monetary № Official land Type of title of Lot № area, (% of total compensation compensation, categorization ownership Decares property area) payment BGN 0.016 arable land (0.3%) 24.09.2014 1. 36.308 4.714 Private BGN 9 0.693 86.302 meadow Private 24.09.2014 2. 7.298 (9.5%) BGN 410 2.146 field Private 24.09.2014 3. 86.338 2.146 (100%) BGN 1 269 2.934 Private 24.09.2014 4. 86.364 meadow 2.934 (100%) BGN 1 735 4.963 24.09.2014 Arable land Private 5. 86.367 10.622 (46.7%) BGN 2 935 1.152 24.09.2014 6. 86.373 field 10.882 (10.6%) Private BGN 681 0.359 24.09.2014 Private 7. 86.380 field 1.388 (25.9%) BGN 212 0.117 24.09.2014 1.956 Private 8. 86.393 field (6%) BGN 69 2.952 24.09.2014 9. Private 86.425 field 4.813 (61.3%) BGN 1 746 1.973 24.09.2014 Private 10. 86.426 field 3.899 (50.6%) BGN 1 167 0.831 24.09.2014 Private 11. 86.428 field 10.658 (7.8%) BGN 491 0.461 24.09.2014 field Private 12. 86.429 10.694 (4.3%) BGN 273 1.013 24.09.2014 Private BGN 599 13. 86.339 field 4.711 (21.5%) 1.976 24.09.2014 14. Private BGN 1 169 86.443 field 2.031 (97.3%) 4.227 24.09.2014 Private 15. 86.444 field 5.168 (81.8%) BGN 1 013 1.078 24.09.2014 Private 16. 86.445 field 1.078 (100%) BGN 1 126 4.738 24.09.2014 17. 86.454 orchard 10.778 (44%) Private BGN 3 624 1.417 24.09.2014 18. 86.456 field 2.206 (64.2%) Private BGN 5 0.063 24.09.2014 19. field Private 86.468 3.697 (1.7%) BGN 1 062 0.037 24.09.2014 Private 20. 87.337 field 11.501 (0.3%) BGN 22 3.538 24.09.2014 87.338 field Private 21. 3.942 (89.8%) BGN 2 092 0.651 24.09.2014 87.340 2.785 Private 22. meadow (23.4%) BGN 385 0.019 24.09.2014 87.384 1.366 Private 23. field (1.4%) BGN 11 0.115 24.09.2014 24. 521.15 field Private 11.402 (1%) BGN 68 Hectares 3.615 Total BGN 22 173 32 List of land plot –ownership of the private company, subject to involuntary expropriation and included in project „Luda Yana” dam in the local land area of Panagyurishte village Serial Total Area subject to Date of Monetary № Permanent use property expropriation Type of title of Lot № compensation compensation, manner area, (% of total ownership payment BGN property area) 24.09.2014- other production, 3.047 dka BGN 27750 1. 87.342 storage facility 46 (6.6%) Private 19.01.2015- BGN 37 660 BGN 9910 Hectares 0.3047 Total BGN BGN 37 660 List of wooded territory– private ownership, subject to involuntary expropriation and included in project „Luda Yana” dam in the local land area of Panagyurishte village Area subject to Serial Total expropriation Date of Monetary № Permanent use property (% of total Type of title of Lot № compensation compensation, manner area, property area) ownership payment BGN Decares 2.813 24.09.2014 1. 86.11 wooded forest areas 3.359 (83.7%) Private BGN 13 010 7.295 24.09.2014 2. 86.441 wooded forest areas 7.995 (91.2%) Private BGN 24 109 5.996 24.09.2014 3. 86.451 wooded forest areas 7.642 (78.5%) Private BGN 19 487 3.202 24.09.2014 4. 86.452 wooded forest areas 3.328 (96.2%) Private BGN 15 637 1.065 24.09.2014 5. 770.1 wooded forest areas 2.003 (53.2%) Private BGN 4 840 2.000 24.09.2014 6. 771.1 wooded forest areas 2.000 (100%) Private BGN 9 849 1.500 24.09.2014 7. 771.2 wooded forest areas 1.500 (100%) Private BGN 7 387 3.824 24.09.2014 4.000 8. 771.3 wooded forest areas (95.6%) Private BGN 15 586 1.502 24.09.2014 9. 771.4 wooded forest areas 2.000 (75.1%) Private BGN 7 137 0.542 24.09.2014 10. 771.6 wooded forest areas 2.000 (27.1%) Private BGN 2 632 Decares 29.739 Hectares 2.974 Total BGN 119 674 33 APPENDIX 3 – REGISTER OF LAND OWNED BY PANAGYURISHTE MUNICIPALITY EXPROPRIATED FOR THE CONSTRUCTION OF LUDA YANA DAM AT 2015 Affected Total area area (dka) Property Monetary № Permanent use of the Lot № (% affected Compensation, /BGN/ (dka) of total lot area) 0.494 1 36,326 GRASSLAND 41.305 (1.2%) 1098 GRASSLAND 1.278 2 36,332 27.141 2840 (4.7%) GRASSLAND 0.026 3 86,308 3.248 58 (0.8%) GRASSLAND 13.041 4 86,314 19.647 28977 (66.4%) GRASSLAND 3.231 5 86,316 3.231 7179 (100%) GRASSLAND 1.212 6 86,318 1.212 2693 (100%) GRASSLAND 3.724 7 86,321 3.847 8275 (96.8%) 2.104 8 86,323 RAVINE 2.193 4675 (95.9%) 6.666 9 86,324 GRASSLAND 8.590 14812 (77.6%) 0.807 10 86,325 RAVINE 1.464 1793 (55.1%) 14.701 11 86,326 GRASSLAND 22.120 32666 (66.5%) GRASSLAND 5.500 12 86,327 5.500 12221 (100%) GRASSLAND 0.407 13 86,329 0.407 904 (100%) 0.781 14 86,333 RAVINE 0.783 1735 (99.7%) GRASSLAND 10.477 15 86,341 11.918 23280 (87.9%) GRASSLAND 2.81 16 86,342 11.779 6244 (23.9%) GRASSLAND 4.733 17 86,347 9.377 10517 (50.5%) GRASSLAND 1.367 18 86,348 1.367 3038 (100%) GRASSLAND 8.459 19 86,349 10.795 18796 (78.4%) GRASSLAND 3.818 20 86.350 7.480 8484 (51%) GRASSLAND 0.025 21 86,369 1.441 56 (1.7%) GRASSLAND 0.167 22 86,384 2.058 371 (8.1%) 0.014 23 86,399 FOR A ROAD 0.607 31 (2.3%) 24 86,404 GRASSLAND 1.235 1.185 2633 34 (96%) GRASSLAND 0.855 25 86,405 1.257 1900 (68%) GRASSLAND 0.776 26 86,407 18.334 1724 (4.2%) GRASSLAND 0.322 27 86.430 1.646 715 (19.6%) GRASSLAND 8.306 28 86,458 8.306 18456 (100%) GRASSLAND 3.187 29 86.460 3.187 7082 (100%) 0.225 30 86,464 GRASSLAND 0.374 500 (60.2%) FOR A ROAD 0.357 31 86,601 0.610 793 (58.5%) FOR A ROAD 0.179 32 36.360 1.852 398 (9.7%) FOR A ROAD 0.026 33 86,604 0.397 58 (6.5%) FOR A ROAD 0.505 34 86,605 0.616 1122 (82%) FOR A ROAD 0.294 35 86,606 0.477 653 (61.6%) FOR A ROAD 0.006 36 86,608 0.308 13 (1.9%) FOR A ROAD 0.257 37 86,613 0.363 571 (70.8%) FOR A ROAD 0.246 38 86,616 1.126 547 (21.8%) FOR A ROAD 0.575 39 771,617 0.576 1278 (99.8%) FOR A ROAD 0.365 40 771,618 0.583 811 (62.6%) FOR A ROAD 0.197 41 86,619 0.942 438 (20.9%) FOR A ROAD 0.153 42 87.600 4.201 340 (3.6%) FOR A ROAD 0.091 43 87,622 2.669 202 (3.4%) FOR A ROAD 0.063 44 88,645 8.532 140 (0.7%) FOR A ROAD 0.015 45 521,24 5.007 33 (0.3%) Total amount of affected 104.27 areas dka Total amount of Hectares 10.4 BGN 231 150 assessment: 35 APPENDIX 4 - AFFECTED PROPERTIES FOR RELOCATION OF EXEISTING OVERHEAD LINE 110 KV “LISETS” AND THEIR ASSESMMENT Advisable market value, BGN Area of the Lot (m2.) Affected area of the building right (m2) Affected area with easement (m2) Date of Total for Type of № Property № Permanent compensation Grant of grant of ownership Grant of use payment building restricted easement right real rights 1 2 3 4 5 6 7 8 9 10 9+10 Rural area Arable 1 90,301 1,09 5256 Private 23.12.2015 5 2 7 field Arable 2 37,311 2122,09 256,00 4848 Private 23.12.2015 6366 569 6935 field Arable Municipal 3 37,313 291,05 541 873 873 field private Without compensation Municipal Without 4 37,328 Pasture 1380,53 21642 4142 4142 public compensation Woods Without and Municipal compensation 5 86,344 5436,88 256,00 26379 16311 569 16880 bushes in private rural land Municipal Without 6 86,357 Pasture 1025,99 5782 3078 3078 public compensation Arable Municipal Without 7 86,358 877,33 1860 2632 2632 field private compensation Arable Municipal Without 8 37,361 17,36 11185 52 52 field private compensation Municipal Without 9 86,362 Pasture 126,87 754 381 381 public compensation Arable Municipal Without 10 86,363 1270,73 7917 3812 3812 field private compensation 11 37,364 Meadow 22,86 99,45 4278 Private 22.12.2015) 69 221 290 36 Arable Municipal Without 12 86,368 1044,29 132,89 6423 3133 295 3428 field private compensation For rural, Municipal Without 13 86,607 forest, 24,45 392 73 73 public compensation field road Total: 13642,21 745,43 Total agricultural area, BGN: 40927 1656 42583 37 APPENDIX 5 - BANS (B), RESTRICTIONS (R) AND RESTRICTIONS IN CASE OF DEMONSTRATED NEED (RDN) ON BELT 2 AND BELT 3 IN THE SANITARY AND SECURITY AREA OF THE LUDA YANA DAM N Types of activities Belt II Belt III 1. Underground resources extraction R R 2. Construction of ground and underground construction R - facilities excluding reconstruction and modernisation of the main water supply facilities 3. Use of the land plot for new or existing cemetery for B RDN new funerals 4. Creating new and enlarging the existing populated B RDN territories for permanent and seasonal use with no sanitation and depuration facilities complying with the technical requirements 5. Construction of water-piping disconnected from the RDN - water supply system 6. Construction of pipelines conducting oil and other B B harmful or toxic substances 7. Construction of roads and highways R RDN 8. Developing service centres, car washes and parking B RDN 9. Developing facilities and industrial activities leading B RDN to increase in eutrophication substances’ content in water 10. Developing underground reservoirs and repositories B B for dangerous substances 11. Animal farm (excluding pig-breeding farms) B R 12. Pig-breeding farms B B 13. Private animal farms RDN - 14. Manuring with liquid natural manure B RDN 38 15. Manuring with natural manure and/ or compost R - 16. Fertilizing with non organic fertilizers R RDN 17. Using of plant protection products R RDN 18. Construction of silage pits R - 19. Irrigation and fertilization with waste waters R RDN 20. Use of aircrafts for distribution of fertilizers and B B pesticides 21. Industrial fish-farming R - 22. Use of internal combustion motor vessels B R 23. Camping sites and vacation camps B RDN 24. Holiday houses and similar B RDN 25. Cutting down of forests excluding breeding cuttings R RDN 26. Washing with chemicals and/or bleaching materials B B 39 APPENDIX 6 – DETAILED INFORMATION REGARDING THE FIELD STUDY ON THE INFORMAL USE OF LANDS AND STATEMENT ABOUT DECLARATION OF PANAGYURISHRE MUNICIPALITY FOR PROVIDING TO THE ANIMAL OWNERS AN ACCESS TO GRAZING LAND AND PASTURES Version in Bulgarian: 40 41 42 43 From: Municipality of Panagyurishte To: Ministry of Regional Development and Public Work. To the attention of Mrs. Ivanka Videnova. Director of Water Supply and Sewerage Directorate Version in English: DEAR MRS VIDENOVA, In order to establish the informal use of agricultural land, expropriated for the purpose of construction of Luda Yana dam and potable water treatment plant (PWTP), a field study has been conducted in the period of 14 to 16 July 2016. During the conducted study at 14, 15 and 16 July it has been established: Throughout the entire year, excluding winter time, the area of the dam is used for pasture of approximately 45 cows. Each of them belongs to a separate household from the nearest residential area in the municipality of Panagyurishte. All animal owners have assigned grazing of two pastors. These households also use the area of the dam as a year-round pasture for goats and sheep. The number of goats and sheep varies, as during the most active grazing period reaches up to 50 sheep (one flock) and 50 goats, split into two flocks (one of 25 goats and another of 35). The area of the dam is used by animals for a shortcut to the municipal common land, designated for grazing and located near Tarnov Dol, which remains unaffected by the project. After the impoundment of the dam, animals will be able to graze on local pastures. They are located in properties listed in the table below: Property Land Way of permanent use Category Area dka № 036313 STANEVI CHUKI Pasture, common pasture VIII 7.649 036316 STANEVI CHUKI Meadow VIII 3.722 036319 STANEVI CHUKI Pasture, common pasture IX 3.918 036341 БЕЗ МЕСТНОСТ Pasture with shrubs VIII 3.524 036342 STANEVI CHUKI Pasture with shrubs VIII 5.690 037303 GLEDYA Pasture, common pasture IX 3.643 037304 GLEDYA Pasture, common pasture IX 2.952 037307 GRUEVO BLATO Pasture, common pasture IX 4.023 037328 GLEDYA Pasture with shrubs IX 21.645 037332 GLEDYA Pasture with shrubs IX 2.505 037333 GLEDYA Pasture, common pasture IX 4.455 037336 GLEDYA Pasture with shrubs IX 1.788 44 037340 GRUEVO BLATO Pasture with shrubs IX 9.625 037341 GRUEVO BLATO Pasture with shrubs IX 2.950 037342 GLEDYA Pasture, common pasture IX 8.265 037344 STANEVI CHUKI Pasture, common pasture VII 3.929 037346 GRUEVO BLATO Pasture, common pasture IX 1.183 037347 GRUEVO BLATO Pasture, common pasture IX 1.566 037348 GRUEVO BLATO Pasture, common pasture IX 2.582 037349 GLEDYA Pasture, common pasture IX 2.265 038312 GRUEVO BLATO Pasture, common pasture IX 4.306 038325 GLEDYA Pasture, common pasture IX 7.715 038326 GRUEVO BLATO Pasture, common pasture IX 2.629 038335 GRUEVO BLATO Pasture with shrubs IX 3.191 038337 GRUEVO BLATO Pasture with shrubs IX 5.325 038341 GRUEVO BLATO Meadow IX 1.936 058300 BAIKIOVETS Meadow VIII 1.728 058301 BAIKIOVETS Meadow VIII 3.004 058302 BAIKIOVETS Pasture, common pasture VIII 2.435 058303 BAIKIOVETS Meadow VIII 7.196 058306 BAIKIOVETS Meadow VIII 4.980 058307 BAIKIOVETS Meadow VIII 5.319 058322 BAIKIOVETS Pasture, common pasture IX 4.486 058329 BAIKIOVETS Pasture, common pasture IX 16.025 058336 TARNOV DOL Pasture, common pasture VIII 1.372 058339 BAIKIOVETS Pasture, common pasture IX 0.831 058341 BAIKIOVETS Pasture, common pasture VIII 15.980 058344 BAIKIOVETS Pasture, common pasture IX 2.485 058377 MULEYSKA KORIA Pasture with shrubs IX 21.540 058405 LONINA MOGILA Pasture with shrubs IX 2.214 058414 TARNOV DOL Meadow IX 0.812 058422 BAIKIOVETS Pasture, common pasture VIII 2.195 058423 TARNOV DOL Pasture, common pasture IX 3.797 058426 TARNOV DOL Pasture, common pasture IX 2.084 058435 NIKULDEN Pasture, common pasture VII 1.910 058436 NIKULDEN Pasture, common pasture VII 1.146 058447 TARNOV DOL Pasture, common pasture IX 2.480 058448 TARNOV DOL Pasture, common pasture IX 2.745 058462 TARNOV DOL Pasture, common pasture V 16.739 058480 LONINA MOGILA Pasture with shrubs IX 13.556 058482 TARNOV DOL Pasture, common pasture V 2.912 058486 BAIKIOVETS Pasture with shrubs VIII 4.647 086306 MULEY Pasture, common pasture IX 10.823 086308 ALABALITSA Pasture with shrubs IX 3.249 086312 ALABALITSA Pasture, common pasture IX 1.391 086314 ALABALITSA Pasture with shrubs 1Х 19.649 086316 ALABALITSA Pasture with shrubs IX 3.231 086318 ALABALITSA Pasture, common pasture IX 1.212 086321 ALABALITSA Pasture, common pasture IX 3.848 086324 ALABALITSA Pasture, common pasture IX 8.591 086326 ALABALITSA Pasture, common pasture IX 22.123 086327 ALABALITSA Pasture with shrubs IX 5.500 45 086334 ALABALITSA Pasture, common pasture IX 1.143 086339 ALABALITSA Pasture, common pasture IX 3.287 086341 ALABALITSA Pasture, common pasture IX 11.919 086342 ALABALITSA Pasture with shrubs IX 11.781 086343 ALABALITSA Pasture, common pasture IX 16.600 086347 ALABALITSA Pasture, common pasture IX 9.378 086348 ALABALITSA Pasture, common pasture IX 1.368 086349 ALABALITSA Pasture, common pasture IX 10.796 086350 ALABALITSA Pasture, common pasture ix 7.481 086357 ALABALITSA Pasture, common pasture IX 5.783 086361 ALABALITSA Meadow VIII 1.584 086362 ALABALITSA Pasture, common pasture IX 0.754 086369 ALABALITSA Pasture, common pasture IX 1.442 086372 ALABALITSA Meadow IX 6.930 086374 ALABALITSA Pasture with shrubs IX 4.006 086377 ALABALITSA Pasture with shrubs IX 5.502 086384 ALABALITSA Pasture, common pasture IX 2.058 086397 ALABALITSA Pasture, common pasture IX 1.983 086398 ALABALITSA Pasture, common pasture IX 0.864 086400 ALABALITSA Meadow IX 6.420 086401 ALABALITSA Pasture, common pasture IX 0.447 086402 ALABALITSA Meadow VIII 1.423 086404 ALABALITSA Pasture, common pasture VIII 1.235 086405 ALABALITSA Pasture, common pasture VIII 1.257 086407 ALABALITSA Pasture, common pasture IX 18.337 086413 ALABALITSA Meadow V 6.559 086414 ALABALITSA Meadow V 6.592 086417 ALABALITSA Pasture with shrubs IX 2.325 086421 ALABALITSA Meadow X 0.836 086430 ALABALITSA Pasture, common pasture VIII 1.646 086448 ALABALITSA Pasture, common pasture IX 1.239 086458 ALABALITSA Pasture, common pasture V 8.307 086460 ALABALITSA Pasture with shrubs V 3.187 086464 ALABALITSA Pasture, common pasture VII 0.374 086466 ALABALITSA Pasture, common pasture IX 0.824 086467 ALABALITSA Meadow VIII 5.010 087302 ALCHAKA Abandoned field V 1.176 087311 ALCHAKA Pasture, common pasture V 1.704 087312 ALCHAKA Pasture, common pasture V 7.270 087326 DOYCHOV RUT Pasture, common pasture VII 4.098 087328 DOYCHOV RUT Pasture, common pasture V 14.380 087332 DOYCHOV RUT Field V 1.276 087341 LONINA MOGILA Meadow VII 1.303 087346 DOYCHOV RUT Meadow VII 3.123 087350 DOYCHOV RUT Pasture, common pasture VII 2.443 087354 DOYCHOV RUT Pasture, common pasture VII 7.345 087357 DOYCHOV RUT Meadow VII 0.473 087363 DOYCHOV RUT Pasture, common pasture VII 2.266 087381 CHERVENI BREGOVE Pasture, common pasture VII 1.679 087388 ALCHAKA Pasture, common pasture V 1.833 46 087389 ALCHAKA Meadow V 2.913 087391 DOYCHOV RUT Meadow VII 0.252 087392 DOYCHOV RUT Meadow VII 0.335 087393 DOYCHOV RUT Meadow VII 1.829 087394 DOYCHOV RUT Pasture, common pasture VII 1.080 087401 DOYCHOV RUT Pasture, common pasture V 2.846 088307 TESNI DOL Pasture, common pasture IX 1.732 088318 DOYCHOV RUT Pasture, common pasture IX 2.287 088319 DOYCHOV RUT Pasture with shrubs IX 5.138 088323 ASAREL Pasture, common pasture IX 0.399 088324 ASAREL Pasture, common pasture IX 0.692 088330 DOYCHOV RUT Abandoned field IX 5.792 088331 DOYCHOV RUT Pasture, common pasture IX 5.384 088335 TESNI DOL Pasture, common pasture IX 1.704 088336 DOYCHOV RUT Pasture, common pasture IX 1.732 088368 BOICHINA KORIA Pasture, common pasture IX 3.939 088369 DOYCHOV RUT Pasture, common pasture IX 1.998 088375 ASAREL Orchard IX 0.614 088379 BOICHINA KORIA Pasture, common pasture VIII 1.982 088393 BOICHINA KORIA Pasture, common pasture VIII 5.435 088401 ASAREL Pasture, common pasture VIII 1.505 088405 BOICHINA KORIA Field IX 8.358 A total of about 46,000 dka of pastures and municipal lands are located in the municipality of Panagyurishte, which represents 18% of the entire agricultural fund of the municipality. Panagyurishte municipality confirms that during construction and once the dam gets impounded, animal owners will have at their disposal other pastures and municipal lands to satisfy their needs. The field study has been conducted by the following experts: 1. Marin Angelov - head of event “Environmental Protection and Water management activities” in the municipality of Panagyurishte. 2. Eng. Mihail Galov – external consultant of MRDPW, a member of PISA experts. 3. Peter Petrov – chief expert of „Land, water and forests" in municipality of Panagyurishte. 47 APPENDIX 7 – QUESTIONNAIRE CARD ACCORDING TO THE LAND ACQUISITION PLAN FOR LUDA YANA DAM CONDUCTED IN THE MUNICIPALITY OF PANAGYURISHTE BY A PISA TEAM AND REPRESENTATIVE OF MUNICIPALITY OF PANAGYURISHTE ON JULY 19TH, 20TH AND 23RD, 2018 LUDA YANA DAM - QUESTIONNAIRE CARD QUESTIONS According to the Land Acquisition plan for Luda Yana Dam Have you obtained income from using Do you the affected by the possess any No in Did you use the project land before its other land order REGISTRY affected by the project What is your use for the project besides the one under Name of owner: name, middle name, land for pasture? If yes, Heir or representative main source of purpose? If yes, affected by the PROPERTY surname/ name of legal entity were you given access income? please specify the project? If yes, NUMBERS by the municipality to percentage of this please specify alternative pastures? income compared to the size of its the total income of the area. household. Yes, I used the land for Pensioner and Yes, 0.90 ares pasture. I was given Employee. on the land of 1 36.308 OWNER HEIR OR REPRESENTATIVE NO access to municipal Private town of pastures from the Company Panagyurishte municipality. OWNER 2 521.15 NO INFORMATION AVAILABLE OWNER Yes, 31.00 ares on the I do not use land for 3 770.1 HEIR OR REPRESENTATIVE Pensioner NO land of town pasture of Panagyurishte 48 OWNER 4 771.1 NO INFORMATION AVAILABLE OWNER HEIR OR REPRESENTATIVE Yes, 5.00 ares on the land of I do not use land for 5 771.11 Pensioner NO town of pasture Panagyurishte OWNER HEIR OR REPRESENTATIVE Yes, 17.00 ares on the I do not use land for 6 771.2 Pensioner NO land of town pasture of Panagyurishte OWNER HEIR OR REPRESENTATIVE Yes, 4.50 ares on the land of I do not use land for 7 771.3 Pensioner NO town of pasture Panagyurishte OWNER 8 771.4 NO INFORMATION AVAILABLE OWNER HEIR OR REPRESENTATIVE Yes, 7.00 ares on the land of I do not use land for 9 771.6 Pensioner NO town of pasture Panagyurishte OWNER HEIR OR REPRESENTATIVE Yes, 5.00 ares on the land of I do not use land for 10 86.302 Pensioner NO town of pasture Panagyurishte OWNER HEIR OR REPRESENTATIVE Yes, 6.70 ares on the land of I do not use land for 11 86.338 Pensioner NO town of pasture Panagyurishte OWNER HEIR OR REPRESENTATIVE Yes, 3.00 ares on the land of I do not use land for 12 86.373 Pensioner NO town of pasture Panagyurishte OWNER HEIR OR REPRESENTATIVE Yes, 15.00 I do not use land for 13 86.380 Pensioner NO ares on the pasture land of town 49 of Panagyurishte OWNER HEIR OR REPRESENTATIVE Yes, 4.50 ares on the land of I do not use land for 14 86.393 Employee NO town of pasture Panagyurishte OWNER HEIR OR REPRESENTATIVE Yes, 5.00 ares on the land of I do not use land for 15 86.425 Pensioner NO town of pasture Panagyurishte OWNER HEIR OR REPRESENTATIVE Yes, 50.00 ares on the I do not use land for 16 86.426 Pensioner NO land of town pasture of Panagyurishte OWNER HEIR OR REPRESENTATIVE Yes, 23.00 Employee ares on the I do not use land for 17 86.428 Private NO land of town pasture Company of Panagyurishte OWNER HEIR OR REPRESENTATIVE Yes, 23.00 Worker. ares on the I do not use land for 18 86.429 Private NO land of town pasture Company of Panagyurishte OWNER HEIR OR REPRESENTATIVE Yes, 5.00 ares on the land of I do not use land for 19 86.439 Pensioner NO town of pasture Panagyurishte OWNER Yes, 8.00 ares Worker, on the land of I do not use land for 20 86.441 HEIR OR REPRESENTATIVE Private NO town of pasture Company Panagyurishte OWNER 21 86.443 NO INFORMATION AVAILABLE 50 OWNER HEIR OR REPRESENTATIVE Yes, 20.00 ares on the I do not use land for 22 86.444 Pensioner NO land of town pasture of Panagyurishte OWNER HEIR OR REPRESENTATIVE Yes, 20.00 ares on the I do not use land for 23 86.445 Pensioner NO land of town pasture of Panagyurishte OWNER HEIR OR REPRESENTATIVE Yes, 20.00 ares on the I do not use land for 24 86.445 Pensioner NO land of town pasture of Panagyurishte OWNER HEIR OR REPRESENTATIVE Employee in I do not use land for 25 86.451 Municipality NO NO pasture Company OWNER HEIR OR REPRESENTATIVE I do not use land for 26 86.451 Pensioner NO NO pasture OWNER HEIR OR REPRESENTATIVE Yes, 31.00 ares on the I do not use land for 27 86.452 Pensioner NO land of town pasture of Panagyurishte OWNER HEIR OR REPRESENTATIVE Yes, 14.00 ares on the I do not use land for 28 86.454 Pensioner NO land of town pasture of Panagyurishte OWNER HEIR OR REPRESENTATIVE Yes, I used the land for Yes, 4.00 ares pasture. I was given on the land of 29 86.456 Pensioner NO access to municipal town of pastures from the Panagyurishte municipality. 51 OWNER HEIR OR REPRESENTATIVE Yes, 65.00 Yes, I used the land for ares on the pasture. I was given 30 86.468 Pensioner NO land of town access to municipal of pastures from the Panagyurishte municipality. OWNER HEIR OR REPRESENTATIVE Yes, 3.00 ares on the land of I do not use land for 31 87.337 Pensioner NO town of pasture Panagyurishte OWNER HEIR OR REPRESENTATIVE WORKER. I do not use land for 32 87.338 Private NO NO pasture Company OWNER HEIR OR REPRESENTATIVE Yes, 7.00 ares on the land of I do not use land for 33 87.340 Pensioner NO town of pasture Panagyurishte OWNER Yes, 43.00 ares on the Construction I do not use land for 34 87.342 NO land of town works pasture of Panagyurishte OWNER Yes, 22.00 Employee. ares on the I do not use land for 35 87.384 HEIR OR REPRESENTATIVE Government NO land of town pasture Administration of Panagyurishte Note: The inquiry was conducted in the Municipality of Panagyurishte by a PISA team and Representative of Municipality of Panagyurishte on July 19th, 20th and 23rd, 2018. The information was obtained over the phone or presented personally to the inquirers. Inquiry conducted by: eng. V. Anastasov eng. P. Petrov - Municipality of Panagyurishte 52 APPENDIX 8 – THE MINUTES OF THE PUBLICCONSULTATIONS HELD BETWEEN 19-23 MAY 2014 CONDUCT OF NEGOTIATIONS WITH OWNERS OF LAND FALLING WITHIN THE RESERVOIR OF LUDA YANA DAM AND BELT 1 OF SANITARY PROTECTION ZONE SITE: "Update of the market assessments and negotiations with the owners of the lands falling in the reservoir of Luda Yana Dam and Belt 1 of the Sanitary Protection Zone" CLIENT: THE MINISTRY OF REGIONAL DEVELOPMENT CONTRACTOR: „SURVEY GROUP“ LTD Manager: /Eng. М. Dimiev/ 53 May, 2014 CONTENTS I. EXPLANATORY NOTE II. DOCUMENTS ON THE NEGOTIATION SCHEDULE III. PROTOCOLS IV. DECLARATIONS OF AGREEMENT OF THE OWNERS V. POST RECEIPTS FOR NOTIFICATION OF OWNERS 54 EXPLANATORY NOTE After submitting of Initial report to the MRD a representative of Survey Group Ltd., together with representatives of the Municipal administration of Panagyurishte, developed a schedule for negotiations with the owners of the affected properties, according to the requirements of the IBRD. The dates for negotiations – 19th and 20th May, 2014 were officially announced in the building of the Municipality of Panagyurishte and published on the site of the Municipality (enclosed are copies of documents). A field survey to identify the informal use of landed property, subject to expropriation for the site's needs was carried out. Representatives of the Municipal administration have sent written notifications with return receipts to all owners and heirs of properties affected from the site. The interested parties were acquainted with the site and the procedure in the course of the negotiations that were attended by representatives of:  22 out of 24 affected privately owned agricultural properties;  9 out of 10 affected privately owned forest properties. Successful negotiations were conducted with the owners / heirs of the affected properties, after the assessment reports for each property on the site. Enclosed is protocol of negotiations, certified by the Municipality of Panagyurishte and Survey Group Ltd., as well as signed written declarations of agreement by the present owners/ heirs. After negotiations with the owners of the property 55302.86.338 it was found that the remaining 10 sq. m. could not be used by purpose, the owners did not agree to be separated as a separate small property and the entire land property of 2.146 dka should be expropriated under Article 206 (5) of the Spatial Development Act. As a result, a market assessment for the entire property area was made. After the successful negotiations, the prepared evaluation reports were prepared three hard copies and a soft copy and presented to the Client. 55 ANNEXES 56 ANNOUNCEMENT In connection with the implementation of project „Luda Yana Dam“, land of Panagyurishte, WE INFORM the owners (heirs) of properties in the area of the dam, subject to expropriation, that on 19 and 20 May, 2014 from 10.30 to 16.00 h in Session Hall, Panagyurishte Municipality, meetings with representatives of Survey Group Ltd., Sofia, will be held and the market assessment of properties that are subject to expropriation will be discussed. Property owners (heirs) will be notified in writing of the dates on which they must attend the meetings. For additional information – telephone 0885 885432 – Petar Petrov 57 PROTOCOL From negotiations with property owners/ heirs Regarding site: Expropriation of land plots falling within the boundaries of Luda Yana Dam and PWTP, Panagyurishte, Pazardzhik District Attendance № Land plot № Owner/ heir Yes /No Signature Date I. Agricultural land А. Privately owned property: 1. 55302.86.364 Owner Yes signature 20.05.2014 2. 55302.86.302 Owner Yes signature 19.05.2014 3. 55302.86.373 Owner Yes Signature 19.05.2014 4. 55302.86.380 Owner Yes Signature 20.05.2014 5. 55302.86.393 Owner Yes Signature 19.05.2014 6. 55302.86.425 Owner Yes Signature 19.05.2014 7. 55302.86.426 Owner Yes Signature 19.05.2014 8. 55302.86.428 Owner Yes Signature 19.05.2014 9. 55302.86.429 Owner Yes Signature 19.05.2014 10. 55302.86.444 Owner Yes Signature 19.05.2014 11. 55302.86.445 Owner Yes Signature 19.05.2014 12. 55302.86.454 Owner Yes Signature 19.05.2014 13. 55302.86.468 Owner Yes Signature 19.05.2014 14. 55302.87.337 Owner Yes Signature 19.05.2014 15. 55302.87.338 Owner Yes Signature 19.05.2014 16. 55302.87.340 Owner Yes signature 19.05.2014 17. 55302.87.384 - Did not attend the meeting 18. 55302.86.439 Owner Yes signature 19.05.2014 19. 55302.86.443 - Did not attend the meeting 20. 55302.86.456 Owner Yes signature 20.05.2014 21. 55302.36.308 Owner Yes signature 20.05.2014 22. 55302.521.15 Owner Yes signature 20.05.2014 58 23. 55302.86.338 Owner Yes signature 20.05.2014 B. Private municipal property: 1. 55302.86.411 2. 55302.86.412 3. 55302.86.413 4. 55302.86.414 5. 55302.86.417 6. 55302.86.419 7. 55302.86.421 8. 55302.86.434 9. 55302.86.465 10. 55302.86.467 11. 55302.87.341 12. 55302.86.440 13. 55302.86.455 14. 55302.86.457 15. 55302.88.313 16. 55302.36.331 17. 55302.86.345 18. 55302.86.367 Owner Yes signature 19.05.2014 19. 55302.86.370 Municipality of P Yes signature 19.05.2014 20. 55302.86.352 21. 55302.521.28 22. 55302.86.317 23. 55302.86.330 24. 55302.86.332 25. 55302.521.41 26. 55302.86.331 27. 55302.86.309 59 28. 55302.86.313 29. 55302.86.319 30. 55302.86.328 31. 55302.86.335 32. 55302.86.336 33. 55302.86.337 34. 55302.86.343 35. 55302.86.344 36. 55302.86.346 37. 55302.86.353 38. 55302.86.354 39. 55302.86.355 40. 55302.86.371 41. 55302.86.372 42. 55302.86.383 43. 55302.86.392 44. 55302.86.397 45. 55302.86.402 46. 55302.86.403 47. 55302.86.406 II. Urban area property: 1. 55302.87.342 - III. Forest area property: 1. 55302.86.11 Owner Yes signature 20.05.2014 2. 55302.86.441 Owner Yes signature 20.05.2014 3 55302.86.451 Owner Yes signature 19.05.2014 4 55302.86.452 Owner Yes signature 20.05.2014 5 55302.771.1 Owner Yes signature 19.05.2014 6 55302.771.2 Owner Yes signature 19.05.2014 7 55302.771.3 Owner Yes signature 20.05.2014 60 8 55302.771.4 - Did not attend the meeting 9 55302.771.6 Yes signature 20.05.2014 10 55302.770.1 Yes signature 20.05.2014 DECLARATION OF AGREEMENT* Subject: Expropriation of land plots falling within the boundaries of Luda Yana Dam and PWTP, Panagyurishte, Pazardzhik District Land plot: 55302.86.338 Area subject to expropriation: 2.136 dka Purchase price of the expropriation area: 1 263 BGN The undersigned owners / heirs declare that we agree with the value of compensation of the expert valuation for expropriation. № Name, Surname, Last name Date Signature 1. Owner 20.05.2014 signature 2. Owner 20.05.2014 signature We agree to expropriate the remaining 10 sq. m of the property. Validated by: For Surveyor Survey Group Ltd.: …………. / Signature For Panagyurishte Municipality: ……………../ Signature *All owners have signed the same Declaration of Agreement containing the text that they are agree with the value of compensation of the expert valuation for expropriation. 61 APPENDIX 9 POST RECEIPTS FOR NOTIFICATION OF OWNERS* *All owners have been notified at their home addresses and have signed the receipt of the receipt of the notification 62