TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Response to Petition regarding Overhead Electric Distribution Lines
DATE: March 25, 2002
This memorandum is in response to Mrs. Dana Cattani’s oral petition to the Town Council on January 14 regarding concerns about construction of overhead electric distribution lines in connection with the expansion of Carol Woods Retirement Community.
The Cattani property is located at 7617 Justin Place in the Chandler’s Green subdivision (Attachment 1). Sunrise Road and the Carol Woods Retirement Community are to the west of the Cattani property. Orange County approved a Special Use Permit for the Chandler’s Green Subdivision on November 4, 1985. Chandler’s Green lots located along Sunrise Road were required by the Special Use Permit to have a 30-foot buffer.
Carol Woods is currently undergoing expansion including garden apartments, cluster homes, and a child daycare center across Sunrise Road from the Cattani home. A timeline indicating key dates in the approval process appears as Attachment 2. A Special Use Permit Modification permitting this activity was approved on December 11, 2000. The Special Use Permit requires Carol Woods to provide a 75-foot buffer on the west side of Sunrise Road, adjacent to the Chandler’s Green Subdivision and the Cattani home.
Duke Energy recently cleared a utility easement through Mrs. Cattani’s back yard between her property and Sunrise Road. The clearing resulted from additional electricity needs related to the Carol Woods expansion.
Mrs. Cattani’s questions and our comments are listed below. A more detailed response from Duke Energy is provided in Attachment 3:
How will the development get its power? [Petitioner’s question]
Duke Energy is the electric service provider in the area. According to Duke Energy representatives, a three-phase line will cross over Sunrise Road and enter the Carol Woods property (Attachment 3).
Will a 30-foot swath of forest in the Cattanis’ back yard be clear-cut for this process? [Petitioner’s question]
Duke Energy would be able to clear-cut vegetation within its utility easement if needed (Attachment 3). Duke Energy secured a right-of-way in the 1950s to install electric distribution facilities along Sunrise Road, which includes the property now owned by the Cattanis. Company officials say that Duke Energy has maintained the same easement that they have held since the early 1950s. The easement was in place prior to the requirement of a 30-foot buffer. Easements typically are shown on boundary survey plats when transfer of ownership occurs; however, we have not researched this issue in the case of this property.
Duke Energy decided in 2001 to provide greater clearance within their utility easements. Duke Energy officials say that they met with the Cattanis and informed them of what would be done.
Duke officials say that they have notified customers in advance of normal scheduled right-of-way maintenance on their property. Duke officials notified the Cattanis prior to routine tree maintenance work in 2000. However, Duke Energy officials say that they did not notify the Cattanis about facilities expansion work in 2001.
Will the Cattanis’ yard be sprayed with herbicides for the easement? [Petitioner’s question]
Herbicides were used in the easement that crosses the Cattani property, according to Duke Energy officials (Attachment 3). Under an agreement with the N.C. Pesticide Board, Duke Energy can use approved herbicides within utility easements.
However, Duke Energy must notify customers through a bill insert at least once a year about the company’s vegetation management program, including use of herbicides. Customers have the option to not have herbicides applied to the easement on their property by providing notification to Duke Energy. Therefore, the Cattanis may elect to be “no-spray” customers if they do not want herbicides used on their property.
We understand that the Town does not have the authority to regulate the use of herbicides on Duke Energy easements.
Will bigger, wider, 3-phase power lines be installed along the Cattani property, given that current utilities are underground and that the Carol Woods lines will be underground? Will the new power lines to serve the Carol Woods expansion be above-ground? [Petitioner’s questions]
Three-phase power lines such as these can be above ground. Under the Town’s Development Ordinance guidelines, all new power lines other than three-phase lines are required to be underground. The line in question was a single-phase line converted to a three-phase line in order to meet the voltage requirements requested by the Carol Woods development (Attachment 3).
Three-phase lines are not placed underground primarily because of the amount of electrical current they carry, safety concerns, and the costs of underground installation.
We understand that the property owners would have to pay for installation of underground wiring, if Duke Energy would agree to such an installation.
CONCLUSIONS
We conclude that:
Please see the attached message from Scott Gardner, District Manager of Duke Energy, for more information (Attachment 3).
ATTACHMENTS
ATTACHMENT 2
Carol Woods Development Review Timeline
1. June 20, 2001 – Zoning Compliance Permit Issued
2. December 11, 2000 – Council Approves Special Use Permit Modification
3. November 20, 2000 – Council Public Hearing3
4. November 7, 2000 – Planning Board Recommendation to Council3
5. September 18, 2000 - Post-DHR Application Submitted for Review
6. July 18, 2000 – Public Information Meeting2
7. July 20, 2000 – DHR Meeting with Applicant
8. July 3, 2000 – DHR Application Distributed to Staff for Review
9. May 26, 2000 – Special Use Permit Application submitted to Town
10. March 22, 2000 - Concept Plan Review1
1, 2, & 3 – The public was notified on these three occasions for these four separate meetings. According to Planning Department records, Mrs. Cattani attended a concept plan meeting.
ATTACHMENT 3
From: Scott Gardner, Duke Energy
To: Bill Stockard, Assistant to the Manager
Information Provided in March 11, 2002 Email
Bill,
Following is our response to your questions regarding the January 14
petition from Ms. Cattani to the Town Council. Let me know if you have
further questions or if you need additional information.
For more information, please refer to www.dukepower.com. Click on "Environment,” then "Right of Way Management."
1. Power Source: Duke is the electric service provider in this area. After receiving the request from Carol Woods to provide electric facilities to serve the new phase off of Sunrise Road, we considered two primary options, Weaver Dairy
Road and Sunrise Road. The most effective option in terms of providing
the highest degree of reliability, minimizing environmental impact, and within reasonable cost was to convert four spans of a single phase line which runs along Sunrise (also serves a portion of the Chandlers Green
development) to a three phase line which would then cross over Sunrise and enter the Carolwoods property.
2. 30-foot swath: Duke secured a right of way in the 1950's to install electric distribution facilities along Sunrise, which includes the property now owned by the Cattanis. Duke uses a generally accepted industry standard of keeping lines clear fifteen feet on either side of the centerline. This easement provides Duke the right to maintain the facilities, including tree clearance. We simply maintained the same easement we have had since the early 1950's. The easement was in place prior to the requirement of the 20-foot buffer.
Historically Duke clear cut many rights of way, but over the years we began leaving some trees and limbs that we would have previously removed in an effort to minimize the impact on property owners. Our more recent experience indicates that we need improved clearance to provide an appropriate level of service reliability. Consequently, in 2001, the decision was made to provide improved clearance within our easements. We met with the Cattani's and informed them of this information.
3. Herbicides: Yes they were. A computer blended mixture of 1/2 % Imazapyr and 4% Glyphosate herbicides were applied to foliage in July of 2001 after right-of -way maintenance was performed the previous year. The amount of 4 1/2 % herbicide blend used on the Cattani property would have been in the range of one to two quarts or 1.44 to 2.88 ounces of herbicide, the remainder of the mixture is water.
Under an agreement with the NC Pesticide Board, Duke can utilize approved herbicides within utility easements. The purpose for applying this solution is to remove non-compatible woody plants (for example, oaks, maples) within the right of way and allow species compatible with utility facilities to thrive (for example dogwoods, redbuds). Within a couple years, the easement becomes grassy and brushy. Spot spraying at that point eliminates the future growth of non-compatible hardwoods, thus eliminating the need for significant tree work or bush hogging (bush hogging is damaging to wildlife as well). Additionally, Duke must notify all customers through a bill insert at least once a year about our vegetation management program including herbicides. Customers have the option to NOT have the herbicide applied to the easement on their property by providing notification to Duke. The Cattanis may elect to be a no spray customer
if they do not want herbicides used on their property.
4. Underground lines: As mentioned earlier, this was a single phase line converted to a 3 phase line in order to meet the voltage requirements requested by the Carol Woods Development.
The reason three phase lines are not placed underground is primarily due to the amount of electrical current they carry and the number of customers they serve. Consequently, we need to protect them from potential damage. In those cases where three phase lines are placed underground, they are placed in an arrangement of conduits within a concrete encased duct bank. This type of construction, along with the associated surface mounted electrical switching and protective equipment raises the cost of construction to somewhere between 10 to 15 times the cost to install the same facilities overhead. This makes such a design cost prohibitive for most all customers. Upon entrance onto a customer's property we directly bury the conductors (they are not encased in a conduit or duct bank) due to the fact that any damages and subsequent outages affect that customer alone, not other customers along our distribution system.
In developed areas, while not a policy nor a requirement of right of way agreements, Duke, as a courtesy, has notified customers in advance of normal scheduled right of way maintenance on their property. We believe it is good business to notify property owners of impending work. Notification was provided to the Cattani's prior to the routine tree maintenance in 2000. Regrettably, notification was not provided to the Cattani's about the facilities expansion work in 2001.
Informal inquiries (as the one filed by Ms. Cattani) are handled by the Public Staff of the Utilities Commission. Information regarding such inquiries are not a matter of
public record. If the inquiry becomes formal (i.e. goes to the NC Utilities Commission)
-- then it does become a matter of public record.