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HomeMy WebLinkAboutARB202000031 Correspondence 2020-10-16 Margaret Maliszewski From: Long, Valerie <vlong@williamsmullen.com> Sent: Friday, October 16, 2020 5:21 PM To: Margaret Maliszewski; Scott Clark Subject: Rappahannock Electric Cooperative (SUP 2020-00007/ARB 2020-00031 Attachments: REC - ARB conditions.DOCX; REC_ Draft Integrated Vegetation Management Plan.DOCX; REC 10.16.2020 cover letter.pdf CAUTION:This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Margaret and Scott, Thank you both again for your guidance on the issues involving the Rappahannock Electric Cooperative SUP and ARB advisory review. In connection with that application, please find the following: 1. Draft Integrated Vegetation Management Plan 2. Updated proposed conditions of approval 3. Cover Letter Thank you, Valerie Valerie Wagner Long I Attorney I Williams Mullen 321 East Main St. Suite 400 I Charlottesville, VA 22902-3200 T 434.951.5709 I C 434.242.6792 ( F 434.817.0977 I vlong@wllllamsmullen.com I www.williamsmullen.com NOTICE Information contained in this transmission to the named addressee is proprietary and is subject to attorney-client privilege and work product confidentiality If the recipient of this transmission is not the named addressee,the recipient should immediately notify the sender and destroy the information transmitted without making any copy or distribution thereof. 1 1 Attach C RE plicant 10.16.2020 cover letter.pdf WILLIAMS M U LLC. N Direct Dial 434 951 5709 vlong@williamsmullen.com October 16, 2020 VIA EMAIL: ARBMembers c(Dalbemarle.orq Albemarle County Architectural Review Board Community Development 401 McIntire Road Charlottesville, Virginia 22902 RE: Rappahannock Electric Cooperative (ARB 2020-31) Dear Members of the Board: Since my letter to you of July 24, 2020, I have had the opportunity to speak with each of you individually, and I would like to reiterate my appreciation for your time and guidance in connection with the Rappahannock Electric Cooperative application. I have also had several follow up meetings with Margaret and Scott Clark, who is the lead reviewer on the SUP application, about our interest in coming back before the Board to discuss the application again in an effort to collaborate with you on recommended conditions of approval that are workable for REC and the project. We appreciate the opportunity to continue this discussion with you on this important project for the community. In addition, since our ARB meeting on May 11, 2020, REC has carried out its five year maintenance of the right-of-way along the project boundary. I visited the site just a few days later and took a number of photographs of the conditions along the right-of-way corridor to document the maintenance, and I understand that Margaret and Scott have visited the area as well. We will be prepared to share samples of our photographs at the next meeting, and discuss REC's plan to continue utilizing Integrated Vegetation Management ("IVM") along the corridor in both the existing and proposed expansion of the easement area. We think that the photographs we have of the pre-maintenance conditions and the post-maintenance conditions will enable us to more effectively describe how IVM will be implemented, and how it is an appropriate plan for maintaining this corridor while also allowing REC to carry out the project and meet its obligations to protect the community from electrical outages caused by inappropriately managed vegetation. With that in mind, we have worked to identify ways that we might work with you to update the proposed conditions of approval to clarify that REC will implement IVM in the project area. REC has also begun the process of creating a corridor specific IVM plan, which I have enclosed. This draft IVM plan is in the early stages of development, and subject to further review and updates by REC and its team of certified utility corridor arborists, but it is our hope that it will provide a better explanation of how REC will utilize IVM to manage the vegetation along the Entrance Corridor and balance the objectives listed in the draft plan. We have also worked to update the proposed conditions to specifically refer to the plan, such that if the SUP is approved, implementation of the final plan would be a condition of approval of the SUP. We look forward to discussing this project with the Board in more detail in the coming weeks. Should you have any questions or comments that we can address in advance of the meeting, please do not hesitate to contact me. Again, we appreciate the additional time and • Attach C RE plicant 10.16.2020 cover letter.pdf July 24, 2020 Page 2 guidance that each of you and Margaret and Scott have provided in connection with this important project. Thank you for your consideration. Sincerely yours, Valerie Z '. 4 t t9 Valerie W. Long Attachments (2) cc: Margaret Maliszewski, Chief of Planning - Resource Management (MMaliszewski(c�albemarle.orq) Scott Clark, Senior Planner (sclark(a�albemarle.orq) Lee Brock, Rappahannock Electric Cooperative (Ibrock(a�myrec.coop) • Attach D REC applicant 10 16 20 Draft Integ Vegetation Management Plan.pdf DRAFT Rappahannock Electric Cooperative Integrated Vegetation Management Plan to Accompany SUP 2020-00007 , 2020 This Integrated Vegetation Management Plan (this "IVM Plan") is prepared by Rappahannock Electric Cooperative ("REC") in connection with its proposed 115 kV transmission line in Albemarle County. Background: Unmanaged vegetation growing near power lines can damage electric facilities and cause problems with public safety, power supply, access, emergency service restoration, security, and lines of sight. It can also compromise compliance with environmental, legal, regulatory, and other requirements. Vegetation interference with power lines is one of the most common causes of electrical outages, as it can cause electric service interruptions when it contacts or comes sufficiently close to overhead high-voltage conductors to create an arc. Vegetation and conductors can come too close together when they are blown into one another by high wind or when lines stretch and sag due to high temperatures or heavy snow or ice buildup. Trees may also provide access for children and others to lines, potentially resulting in contacts that can cause serious injury or death. In light of the effect that tree-power line conflicts can have on public safety and service reliability, utilities are required to control vegetation growing in proximity to electric facilities. Proper vegetation management along utility rights-of-way ("ROW") is particularly essentially for avoiding problems attributed to poorly managed vegetation and overgrowth Integrated Vegetation Management ("IVM") is a practice of promoting desirable, stable, low- growing plant communities that will resist invasion by tall growing tree species, through the use of appropriate, environmentally sound and cost-effective control methods. IVM strategies are both integrative and site-specific and can reduce the environmental impacts on land, water, habitat and wildlife, and reduce environmental and human health risks in a more effective, safe, and cost-effective manner. Objectives REC's objectives in this IVM Plan are: • Implement environmentally sound, cost-effective control of vegetative species that potentially conflict with REC's electric facilities and infrastructure, while promoting compatible, early successional, sustainable plant communities which have myriad environmental, health, and social benefits. 1 . Attach D REC applicant 10 16 20 Draft Intec I Vegetation Management Plan pdf DRAFT • Prevent outages caused by vegetation. Execute a proactive approach to prevent and reduce exposure to tree-caused power outages that balance all other Objectives. • Maintain access for its employees and contractors to safely carry out maintenance and repairs within the ROW, and minimize injuries due to slips, trips, and falls. • Facilitate prompt and safe restoration of electric service during emergencies and outages • Protect its infrastructure (including poles, wires, and transformers, among others). • Proactively manage to promote native Virginia meadows, low growing shrub landscapes, and native species pollinators in the existing and proposed utility easement areas by suppressing forest succession. • Promote lower growing trees, certain amounts of brush, grasses, wildflowers, and other compatible vegetation that is compatible with safety needs and regulations, and that is visually pleasing when viewed from the Entrance Corridor. Site Evaluation: After managing this portion of its territory for many years, REC is very familiar with the site characteristics and conditions, which vary along the 1.6-mile span of the project. Some areas are wooded, some are developed with private residences and associated lawns and accessory structures, others are developed with small businesses and associated improvements such as buildings and parking lots. One parcel includes a house of worship and areas that are wooded and others that are open. There is a variety of Virginia upland mixed hardwoods, with excellent growing site conditions (excellent soil, drainage, and water). REC has assessed the height of its poles and lines, density of stems per acre, species, voltage, loading, and other site conditions. Trees adjacent to the line will be pruned based on projected growth which varies dramatically depending on species. For example, a maple tree may grow six to ten feet per year on a favorable site, while a cedar tree may only grow six inches. Trees within the right-of-way will be allowed to remain if they are low growing, compatible species such as redbuds, dogwoods, winterberry, serviceberry, etc. Trees that are incompatible, such as yellow-poplars, oaks, maples and other "timber-sized" species will be removed every five years. In addition, trees outside the right-of-way may be periodically assessed for health and vigor and selectively removed if they are found to be potentially dangerous. Some of the areas that currently have a "tunnel" effect created by trees that hang partially over Rt. 29, will be more open and be more visually pleasing after the vista is created between the road and new tree canopy line. 2 • Attach D REC applicant 10 16 20 Draft Integ Vegetation Management Plan pdf DRAFT Based on this site evaluation, REC has determined that a five-year maintenance cycle is appropriate, along with a mid-cycle hazard tree inspection. The mid-cycle inspection will assess whether any hazardous situations have developed since the maintenance was carried out, and provide an opportunity to conduct appropriate remedial action to correct those situations. REC has a fiduciary responsibility to its member owners to minimize expenses associated with maintenance cycles, but the site characteristics of the project area are such that there is the potential for hazards to develop in less than five years. The mid-cycle assessment is designed to reduce these hazard risks. Action Thresholds Action thresholds for this project area are as follows: • Any plant species that has an ability to attain a height of 10 feet will be treated and/or removed at the time of the 5-year maintenance cycle. o This clearance height will be sufficient to prevent flashover between trees and conductors, considering the combined movement of vegetation and conductors in high wind and sagging of conductors due to elevated temperatures and icing. • Trees and other vegetation that are a compatible species and that do not typically attain a height of 10 feet may be left in place and pruned if necessary. • These guidelines will at all times be subject to the rights of, and shall not limit the rights of any person or entity other than REC, such as the owners of the subject parcels and any lessee, tenant, or easement holder other than REC or its successors, within the utility easement areas to carry . For any period of time during which such other persons or entities maintain their land by use of an alternative practice (such as mowing), Rappahannock Electric Cooperative's obligation to implement Integrated Vegetation Management shall be deemed satisfied with respect to any portion of the existing and proposed utility easement areas that is so maintained. • Most dead or dying trees will be removed, and the wood will be left for the property owner, unless it is possible to leave a habitat tree that will not fall into a roadway or be a risk to the public. • If any dead or dying tree is not adjacent to a roadway or it would not otherwise create a safety hazard, there shall be consideration for leaving all or a portion of the dead or dying tree in place as wildlife habitat for raptors and other nesting animals. Trees occasionally can be left at 10-12 feet to become hunting perches for raptors or cavity nesting birds, if they will not pose a safety threat. • This requirement is subject to, and does not limit, the land use rights of any person or entity other than Rappahannock Electric Cooperative or its successors. Such other persons or entities include the owners and any lessee, tenant, or easement holder other than Rappahannock Electric Cooperative or its successors, of any underlying parcel(s) 3 Attach D REC applicant 10 16 20 Draft Intec Vegetation Management Plan pdf DRAFT of land within the existing and proposed utility easement areas, who may desire to manage the land using alternative methods (such as mowing), provided that such alternative methods are consistent with REC's easement rights. Evaluation and Control Methods REC will work to achieve the Objectives of this Plan using the following control methods: Manual Control Methods. Manual methods are performed by maintenance workers with hand- carried tools, such as chain saws, hand saws, pruning shears, and other devices to control incompatible vegetation. These methods are selective and can be used where other methods are not appropriate. • Manual methods will be used in any environmentally sensitive areas within the project area, such as stream banks and critical slopes. Mechanical Control. Mechanical control methods are carried out using machines. REC will utilize mechanical controls where appropriate, such as bucket trucks with hydraulic saws combined with other mechanical pruning equipment. • Mechanical methods will not be used in any environmentally sensitive areas within the project area, such as stream banks and critical slopes. Trees adjacent to the line will be pruned based on projected growth which varies dramatically depending on species. For example, a maple tree may grow six to ten feet per year on a favorable site, while a cedar tree may only grow six inches. Trees within the right-of-way will be allowed to remain if they are low growing, compatible species such as redbuds, dogwoods, winterberry, serviceberry, etc. Trees that are incompatible, such as yellow-poplars, oaks, maples and other "timber-sized" species will be removed every five years. In addition, trees outside the right-of-way may be periodically assessed for health and vigor and selectively removed if they are found to be potentially dangerous. Some of the areas that currently have a "tunnel" effect created by trees that hang partially over Rt. 29, will be more open and be more visually pleasing after the vista is created between the road and new tree canopy line. Implementation Based on REC's assessment of the site and experience with the project area, it proposes a regular work schedule to achieve the Objectives of this Plan. REC will implement this Plan on a regular 5-year maintenance schedule with a mid-year inspection cycle. This schedule will include prompt monitoring and quality assessment as discussed in more detail below. 4 Attach D REC applicant 10 16 20 Draft Integ Vegetation Management Plan.pdf DRAFT Monitoring and Quality Assurance Following each 5-year maintenance cycle, REC will continue to implement an inspection and quality control process to ensure that the Implementation of this Plan is consistent with the stated Objectives. • The entire length of the project area will be inspected on foot by an ISA certified arborist. • The inspection will assess whether any remaining hazards exist and confirm that this Plan has been effectively implemented • Monitoring may also be carried out by aerial assessment as well as foot patrols • Any areas not in compliance with this Plan will be promptly addressed and corrected, typically Inspection of completed work. • REC will utilize an electronic documentation system to confirm remedial actions comply with this Plan and are promptly carried out. As new information becomes available and as site conditions and circumstances evolve, REC shall reassess this Plan as appropriate, and provide any updated plan to the Director of Community Development or his or her designee. 43623273_1 5 Attach E REC applicant 10 recommended ARB conditions pdf The ARB expresses no objection to the special use permit, subject to the following conditions: 1. Rappahannock Electric Cooperative("REC") shall maintain the existing and proposed utility easement areas by implementing the Integrated Vegetation Management plan prepared by Cindy Musick,Director of Vegetation Management for REC dated ,2020, entitled "Integrated Vegetation Management Plan to Accompany SUP 2020-000007"(the"IVM Plan"), which IVM Plan is attached hereto. 2. This requirement is subject to,and does not limit,the land use rights of any person or entity other than Rappahannock Electric Cooperative or its successors. Such other persons or entities include the owners and any lessee,tenant, or easement holder other than Rappahannock Electric Cooperative or its successors, of any underlying parcel(s) of land within the existing and proposed utility easement areas. For any period of time during which such other persons or entities maintain their land by use of an alternative practice(such as mowing, or other development or modifications permitted or approved by Albemarle County), Rappahannock Electric Cooperative's obligation to implement Integrated Vegetation Management shall be deemed satisfied with respect to any portion of the existing and proposed utility easement areas that is so maintained. 3. REC retains the right to remove or trim any tree,or portion thereof,within the existing and proposed utility easement areas,when it determines such action is necessary to protect public safety. 42650956_3