to: Roger L. Stancil, Town Manager
from: Lance Norris, Public Works Director
subject: Duke Energy’s Easement Maintenance Notification Process
date: September 22, 2008
The purpose of this memorandum is to provide information on Duke Energy’s easement maintenance notification program.
On October 8, 2007, a Council Member petitioned the Town Manager for information about Duke Energy’s use of herbicides on their utility line easements and rights-of-way. Specifically, the staff was asked to provide an independent assessment of Duke Energy’s herbicide application program including information about the safety of the chemicals used, the potential fire hazard created and whether individual property owners can have any input on Duke Energy’s practices adjacent to their homes.
On January 14, 2008 the Council received a report on Duke Energy’s herbicide application program. At that meeting the Council requested that the staff continue to work with Duke Energy representatives to develop a system of notification for affected property owners. On May 7, 2008 Lance Norris, Public Works Director, provided the Town Manager with a follow up report on the status of those discussions. On June 9, 2008 a Council member requested information about Duke Energy’s easement maintenance notification process including notification of tree maintenance work that does not involve herbicide applications.
Duke Energy’s maintenance notification process depends on the type of maintenance work anticipated and whether the maintenance work is being performed on distribution line easements or high-voltage transmission line rights-of-way and/or easements.
Distribution Line Maintenance:
The large majority of Duke Energy’s vegetative maintenance work is done on distribution line easements and/or areas within public rights-of-way. Where easements are in place they are typically 30’ wide and frequently parallel streets. The utility lines in these easements and public rights-of-way serve neighborhoods and individual customers and most of the vegetative maintenance work involves selective pruning of trees.
Public Notification of Distribution Line Maintenance:
Through a negotiated agreement between the Town and Duke Energy, Duke Energy representatives distribute door hangers to affected property owners generally one to two weeks in advance of this tree pruning work. This agreement was initiated when the Town adopted its Tree Protection Ordinance in 1989 and was specifically directed at maintenance work involving the pruning and/or removal of significant trees.
In recent discussions with Duke Energy representatives, they have agreed not to use herbicides as a component of their distribution line easement maintenance program within the Town of Chapel Hill’s planning jurisdiction.
Transmission Line Maintenance:
Transmission lines are typically high-voltage wires located in Duke Energy rights-of-way and/or easements that are either 68’ or 100’ in width. These lines run cross-country and connect power substations. Vegetative maintenance work associated with transmission lines usually involves bush-hogging and/or herbicide applications to keep the areas around the lines completely clear of tall growing trees. These management practices are far less labor intensive than the selective pruning work typically done on distribution line easements and Duke Energy subcontracts this transmission line maintenance work to specialized private vegetation management companies under large contracts that cross over jurisdictional boundaries.
In recent discussions with Duke Energy representatives, they have agreed to provide the Town staff with a minimum of four (4) weeks’ notice prior to the start date for contracted vegetation maintenance work involving herbicides under their transmission lines within the Town of Chapel Hill’s planning jurisdiction. Due to the relative speed with which this type of maintenance work progresses across individual properties and the regional scope of Duke Energy’s vegetation management contracts, Duke Energy representatives indicated that they cannot provide the more detailed scheduling information and the same notification process they currently undertake with tree pruning and removal work associated with their distribution lines.
Public Notification of Transmission Line Maintenance:
Once Town staff has been informed of Duke Energy’s pending transmission line vegetation maintenance work involving herbicides it would be possible for the staff to inform the public. Using the Town’s typical public information channels, including local newspaper and Town web site postings, the staff can inform residents of the anticipated scope of Duke Energy’s maintenance work and provide contact information for appropriate Duke Energy representatives.
In discussions with Town staff Duke Energy has agreed to discontinue the use of herbicides as part of their vegetation maintenance program for their distribution line easements within the Town’s planning jurisdiction. When utilizing herbicides as part of their vegetation management program on their transmission line rights-of-way and easements, Duke Energy has agreed to provide the Town staff with notification at least four weeks prior to initiating this work. Because of the contracting process and speed with which transmission line maintenance work is undertaken, Duke Energy representatives have indicated that they cannot provide the same scheduling and lot by lot notification process they utilize when doing distribution line clearance pruning.