HomeMy WebLinkAboutARB200200137 Correspondence 2002-01-23 Dominion Virginia Power•Dominion ) �WI Carolina Power Dominion-
January � �®l i:u
2400 Grayland Avenue,Richmond,VA 23220
January 23, 2002
Free Bridge Land Trust
P. O. Box 8147
Charlottesville, Virginia 22906
Attn: Mr. Katurah Roell
Ref: TE # 81 - 03 - 01
Consent for Right-of-Way Encroachment
Dear Mr. Roell:
You (hereafter Requestor) have requested that Virginia Electric and Power Company
(Dominion Virginia Power or Company) consent to an encroachment by you on, over and/or
under a part of its transmission right-of-way identified as:
Charlottesville - Clifton Forge Corridor, Parcel # 5
The location of the encroachment is as follows:
Near Route 20 in Albemarle County
The encroachment for which you have requested consent is described as:
Grading, Parking, Road Crossing & Related Utilities
Dominion Virginia Power, under its easement(s) is identified above, hereby consents to the
encroachment described above subject to the following terms.
1. The minimum distance required by OSHA shall be maintained between electrical conductors and
any part of the encroachment or equipment used in the installation or maintenance of
encroachment. Sag of conductors varies with changes in operating and ambient temperatures,
therefore, required clearances will be based upon maximum sag. The minimum clearance shall
be governed by the clearance required for the 230 kV line. See Exhibit"A"
2. Company access to its facilities shall not be hampered at any time by the installation, use,
maintenance or presence of encroachment. Company shall not be liable for damage to the
encroachment resulting'from exercise of its easement rights.
3. No portion of any building or any other type of above ground structure whatsoever shall be
permitted on right of way unless specified on Exhibits.
' January 23, 2002
Page 2
4. Motor vehicles may be parked on right-of-way provided that:
a) They do not exceed a height of 13 feet 6 inches.
b) They are not house, office, or construction trailers.
c) They do not carry explosives or flammable cargo.
d) They are operative and the parking is of a transient nature.
5. The site plans shown on Rivanna Engineering &Surveying, PLC. drawing entitled "Landscape
dnd Utility Plan"sheet number S3 of 5 dated 10/04/01 shall be strictly adhered to. See Exhibit"B„.
6. The proposed road crossing shall follow the existing ground line contours. Not more than one foot
of fill may be placed on right-of-way.
7. Should it be necessary to verify the final grade of the proposed cut/fill, then it will be the
responsibility of Requestor to reimburse Company for all actual costs. If the verification reveals
that the cut/fill/grading was not done as approved, then Requestor is responsible for all costs
involved with correcting the problem(s).
8. Excavation of soils within 20 feet from the transmission tower foundation shall be minimized to
only allow room to construct the proposed retaining wall.
9. Requestor shall maintain sides of excavation to prevent sloughing or damage from erosion
(shoring may be required).
10. Requestor shall backfill for the retaining wall and place in eight (8) inch maximum lifts and backfill
shall be compacted to 95% of theoretical maximum density of soil. Requestor shall provide proctor
and compaction test reports if requested by Dominion Virginia Power.
11. Clean fill material may be placed on right-of-way to within 25 feet of any existing or proposed
transmission structure. In all cases, no fill will be allowed until the proposal is reviewed by the
Supervisor- Right-of-Way Management to insure proper grade and operating clearances.
12. Requestor may remove topsoil and gravel from portions of right-of-way not occupied by Company
facilities. In such cases Requestor must maintain a minimum island of undisturbed material with a
25 foot radius on all sides of said facilities. The slope ratios, normally 3:1 or less, and
transmission line access lanes must be maintained.
13.Company will not be responsible for fruit trees, conifers, nursery stock, shrubs or other vegetation
planted within right-of-way which are damaged as a result of its construction or maintenance work.
14. Requestor will trim or remove shrubs or trees exceeding the Company's limitations, or if otherwise
deemed necessary by Company within 45 days after notice by the Company. If not corrected
within 45 days, Company may remove such vegetation if not so trimmed and removed by
Requestor at Requestor's expense.
• January 23, 2002
Page 3
15.The planting of the trees, shrubs, and other vegetation shall conform to the Company's
Guidelines. Requestor shall plant within a 25 foot radius around each structure. Red Maple is an
unacceptable species to be planted in transmission right of way as noted on Exhibit"B".
See Exhibit"E"
16.Spoil material will not be permitted on right-of-way.
17. Blasting on right-of-way is to be avoided if possible but, if unavoidable, a minimum explosive
charge and matting must be used to prevent damage to Company facilities. Notice must be given
to the Company right-of-way management representative 5 days in advance of any blasting.
Company inspector may be required to be on site and will be provided at the cost of Requestor.
See Exhibit"D"
18. Requestor shall restore any erosion or settling on the right-of-way related to the installation or
maintenance of encroachment. Requestor shall comply with all state and local erosion and
sedimentation control laws, and shall not adversely affect grade elevations and water drainage
patterns.
19. Requestor shall notify Company's Right-of-Way Management Representative at the location
shown below if any counterpoise [ground wire buried 18,to 24 inches deep] is damaged, cut,,or
severed, so necessary repairs can be made by Company the cost of which shall be reimbursed by
the Requestor.
20. Requestor shall be responsible for all associated costs for the repairs of Company facilities
(including but not limited to structures, guys, anchors, counterpoise, or landscaping) damaged by
Requestor, his employees, contractors or agents.
21. If the encroachment is determined to be unsafe by the Company at a future date, the unsafe
condition shall be corrected or removed at Requestor's expense within 45 days after written
notification by Company. If not so corrected or removed by Requestor, the unsafe condition may
be corrected or removed by Company at Requestor's expense by the Company without liability for
any resulting damage.
22. Requestor or their heirs, successors, and assigns hereby agree to indemnify and save harmless
Company, its officers, agents and employees'from any and all claims, demands, damages,
including death, and liability of every kind and nature whatsoever for; on account of or growing out
of the consent hereby granted, except when such claims and demands are caused solely by the
negligence of Company, its agents; employees, successors or assigns.
-January 23, 2002
Page 4
23.This consent in no way reduces the Company's rights under the easement(s) identified above.
The Company may at any time exercise its easement rights in a way that conflicts or interferes
with the encroachment described above. Upon notice from the Company, the Requestor will
promptly modify, rearrange or remove the encroachment to enable the Company to exercise its
easement rights without conflict or interference with the encroachment. Requestor will be
responsible for the cost of any such modification, rearrangement or removal. If Requestor fails to
so modify, rearrange or remove the encroachment within 45 days after notice by the Company to
do so, the Company may modify, rearrange or remove the encroachment without liability for
damage resulting therefrom, and Requestor shall promptly reimburse the Company for the cost of
such modification, rearrangement or removal.
24. Requestor shall begin physical installation of encroachment within one year of the date of
execution of this letter. If installation does not begin within that period, this Letter of Consent shall
become invalid.A new letter of request addressing encroachment will be required before further
consideration.
25. Requestor shall give at least 5 days advance notice, except in emergencies, of any activities being
performed within right-of-way to Company's Right-of-Way Management Representative so that the
Company, at its discretion, may have an inspector present while the work is in progress, and
Requestor pay the costs of the inspector.
This consent is granted only to you and may not be assigned or transferred to anyone else
without the prior written consent of Dominion Virginia Power. [If you are not the owner of the
property on which the encroachment is to be located, you are responsible for obtaining
necessary permission for the encroachment from the owner.] This consent shall become
effective upon your agreement with the terms set forth herein indicated by your delivering to
Dominion Virginia Power a copy of this letter fully executed by you. Please return the fully
executed copy of this letter to:
Dominion Virginia Power
620 Sycolin Road, S. E.
Leesburg, Virginia 20175
Attention: Gary L. Dorman
Sr. Right of Way Representative
Phone: 703-779-5143
- January 23, 2002
Page 5
For this consent to become effective, a fully executed copy of this letter and the remittance of
the requested processing fee must be returned to Dominion Virginia Power not later than
March 8, 2002.
Sincerely,
VIRGINIA ELECTRIC AND POWER COMPANY
By
•
Donald W. Hoover
Supervisor Right-of-Way Management
In consideration of the consent granted by Dominion Virginia Power for the above-described
encroachment, the undersigned hereby agree(s) to the terms stated in the foregoing letter.
FREE BRIDGE LAND TRUST
pi —t
Authorized Signature / • Date
(2,14-kAK.) . sLp_, t
Print Name and Title
L ► '
10 FEET • ' ' 10 FEET
>� k >>
CONDUCTOR AREA I
{ 10 FEET MAX.HEIGHT
----"\Y-
' );' g , ,
it
XY Y (2%)
Xr X XYNrY • ZYr
f f f f f f f f Tiff /
100 FEET TRANSMISSION RIGHT-OF-WAY
NOT TO SCALE
SUGGESTED SPECIES TO. PLANT
ON TRANSMISSION RIGHT-OF-WAY
INSIDE CONDUCTOR AREA
,, (10 FEET MAXIMUM HEIGHT)
JAPANESE BARBERRY
) ' ANDORRA JUNIPER
X FORSYTHIA '
xi CORNUTA HOLLY
SPICEBUSH
c
; . OUTSIDE CONDUCTOR AREA :
(15 FEET MAXIMUM HEIGHT)
.; SOUTHERN WAX MYRTLE
PHOTINIA
EASTERN REDBUD
a EASTERN RED CEDAR
WINTERBERRY HOLLY TE#81 -03-01
E
n ,
Exhibit "E"
E
i ,
c
P7e4 TRANSMISSION RIGHT-OF-WAY
s �, Dominion- '-
EASEMENT PLANTING GUIDELINES
SUGGESTED LIST OF PLANT SPECIES
FOR SCREENING ON TRANSMISSION
RIGHTS OF WAY
OUTSIDE CONDUCTOR AREA
(Defined as portion of right of way 10 foot horizontal width or
greater from overhead wire, typically along edge on both sides)
LARGE SHRUBS/SMALL TREES TO BE MAINTAINED
AT 15 FOOT HEIGHT OR BELOW
Acer ginnala '(Amur Maple)
Amelanchier canadensis (Shadblow Serviceberry)
Camellia sasanqua (Sasanqua Camellia)
Chionanthus virginicus (Fringetree)
Cornusflorida (White Flowering Dogwood)
Cotinus coggygria (Smoketree)
Crataegus Iaevigata 'superba' (Crimson Cloud Hawthorne)
Ilex cornuta 'bufordi nana' (Dwarf Burford Holly)
Ilex verticillata (Winterberry Holly)
Ligustrum lucidurn (Waxleaf Lucidum)
Magnolia stellata (Star Magnolia)
Malus snowdrift (Snowdrift Crabapple)
Myrica cerifera (Southern Wax Myrtle)
Osmanthus heterophyllus (Holly Osmanthus)
Philadelphus coronarius (Sweet Mockorange)
Photinia fraseri (Fraser Photinia)
Prunus laurocerasus (Cherry Laurel)
Viburnum rhytidophyllum (Leatherleaf Viburnum)
Vitex agnus-castus (Chaste Tree)
ROW/Suggested Species Revised 02/01