20070169 Ver 1_More Info Received_20070214

TOWN OF CARRBORO
NORTH CAROLINA
W W W.TOW NOFCARRBORO.ORG
February 13, 2007
Ms. Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Subject Property: Town of Carrboro -Northeast Area Sewer Extension
Bolin Creek (030606, 16-41-1-15-1-(4), WSIV, NSW)
NCDWQ Project # 07-0169
Per your 2-1-07 letter and at your request we have again inquired of the Orange Water & Sewer
Authority (OWASA) and Duke Energy as to their willingness to allow the planned sewer main
extension to be installed as a joint use within the existing Duke Energy easement in order to
eliminate the need for two crossings of a tributary to Bolin Creek. This request was denied
earlier in our planning process (albeit verbally) as we had indicated under items VII. and XV. of
our PCN application dated 1/24/07. We have subsequently received written notifications from
OWASA and Duke Energy which formally reiterate their position that a joint utility easement
will not be allowed by either utility agency. I have attached copies of the communications from
OWASA and Duke Energy for your information. I trust that this information will satisfy your
request for additional information regarding our application. Please contact me if you have any
questions or require any further infotion.
Respectful~ubmitted,
Roy M-Williford, AICP, CFM
Planning 17irector
CC: Steve Stewart, Town Manager
Mike Horan, NCDWQ Raleigh Regional Office
TC Morphis, The Brough Law Firm
Todd Spencer, OWASA , - u
Ervin M. Summers, Duke Energy
Charlie Musser, Jr., Sungate Design Group, PA ~ =- ~ E~ ;;; : ~,-;
~.,:~~,
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Attachments: ~`''°
301 WEST MAIN STREET. CARRBORO. NC 27510 (9191 942-8541 • FAX [phone] • TDD (8001 826-7653
AN EQUAL OPPORTUNITY PROVIDER

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C)WA~A CJRI~NGE ~V~1,TER ~ SE~W~~~ ~1IZ"'H(7RI'I'Y
(~iu~liet 5crr~icc Si1~ce 19%I
February 12, 2007
Mr. Henry Wells, P.E., PLS
Sungate Design Group, PA
915 Jones Franklin Road,
Raleigh, NC 27606
Ref: OWASA Public Sewer Line within Duke Energy Transmission Main Right of VVay
Dear Henry,
I am responding to your email request in which you had asked that we write you a letter outlining
OWASA's position "regarding the installation of .sewer lines within electric utility easements and in
close proxirnit~~ to transmission lines ". I understand this request was prompted by an inquiry from the
NCDF_,NR DWQ asking if "the utility alignment can be relocated to be within the Duke Power Right-
of-Way, thereby eliminating the two stream crossings? "
You indicated that you have looked at a design which would address this comment and have made the
following determinations:
1. The existing Duke Power Easement is 6$ feet wide.
2. T'he sewer line would run approximately parallel with transmission line inside the Duke Power
easement for about 160 feet.
3. Due to stream setbacks and other environmental impacts, the sewer line will need to be located
directly underneath the transmission lines for approximately 100 feet.
As I am sure you are aware, our primary concern in the performance of our work is the safety of our
workers and the public. It has continued to be our position that operation or repair of a sewer main in
which Operations Personnel could be exposed to a hazardous situation is not acceptable. It is our
opinion that location of a public sewer main beneath or in the general ~~icinity of an electrical
transmission main is such a case.
The situation you describe would represent a condition that may jeopardize the safety of our workers
and would not be acceptable.
You may also want to contact Duke Energy as I understand they have certain restrictions and
regulations governing encroachments in their Rights of Way. The following information specifically
related to water and sewer lines is stated and found at their website, www.duke-energy.com:
• Streets, roads, driveways, sewer lines, water lines, or any underground facilities shall
not parallel the center line within the right of way, but may cross at any angle not less
than 30 degrees with the center line and cross no closer than 20 feet to any structure.
Manholes and underground vaults within the right of way limits must be approved by
Duke Energy before installation.
.}{i0 ~im~ }~crrti° Road Equal Opportnnitj~ Emilio,-er Goice (91`?l )6$-h421
i'O C3rz 3ti6 Printed on t2~°~~velc~ci Paper }~RX (`~li?~ ~~.5-~46~
Carr{rs~ru, ~C ? i i 10-1136( s,. s; sr.s~sireca. ort

Mr. Henry Wells, P.E., PLS
OWASA Public Sewer Line within lluke Ener~,ry Transmission Main Right of Way
February 12, 2007
Page 2
The web link may be found at: htt~/lw~~~w.duke-ene~yco~~is~~tetXJrowi~arolinas'restrictions/
If you would like clarification on any of the above or would like to discuss further, please call me at
(919} 537-1244 or email me at "IS~encer~aioEi-asa_or~g.
Sincerely, -~ ~,'
~;
M1Todd'Spencer, ~E'
Engineering Manager, System Development
cc: T.C. Morphis, Brough I.,aw Firm
Mason Crum, P.E.
Stephanie Glasgow
Ted Blake
.Toe Leo
File

From: Summers, Ervin M [mailto:[e-mail]]
Sent: Thursday, February 08, 2007 7:03 AM
To: TC Morphis
Subject: RE: Carrboro Sewer Easement
Duke Energy objects to any parallel facilities within the easements. Attached are the transmission
line restrictions. Refer to line 4.
Ervin Summers
Northern Region
Asset Protection
Mailing Address:
Duke Energy
2119 Freeway Drive
RsidsvitJe N.C. 27320

Transmission Rights of Way Restrictions - Dukc Lncrgy
HOME » Public Safety » Right of Way Management » Carolinas » Transmission Rights of Way
Restrictions
Transmission Rights of Way Restrictions
The following list of restrictions for transmission rights of way address questions most commonly asked
by property owners. The list does not cover all restrictions or all possible situations. Please contact Duke
Energy if you have additional questions or concerns about rights of way.
This list of restrictions is subject to changes at any time and without notice. Duke Energy shall not
relinquish any of its rights conveyed by its rights of way agreements. All activity within the rights of
way shall be reviewed by a Duke Energy right-of--way specialist.
1. The following are not allowed within the right of way limits: structures, buildings, mobile homes
and trailers, satellite signal receiver systems and equipment, swimming pools and associated
equipment, human graves, billboards, signs, wells, septic tanks or septic systems, absorption pits,
storage tanks (both above and below ground), garbage, trash, rubble, flammable material,
building material, junk and wrecked or disabled vehicles.
2. Fences shall not be attached to Duke Energy's poles or towers. Fences shall be installed at least
10 feet from such poles or towers and shall not exceed 10 feet in height. Fences shall not parallel
the center line within the right of way but may cross at any angle not less than 30 degrees with
centerline. If a fence crosses the right of way, a gate shall be installed by the property owner per
Duke Energy specifications to allow free access required by Duke Energy equipment.
3. Contact Duke Energy before grading or filling on the right of way. Grading shall be at least 20
feet from a pole or tower legs, and slope shall not exceed 3:1 on the right of way. Grading or
filling within the right of way or near a structure, which will prevent free access, will not be
permitted. Sedimentation control, including re-vegetation, is required per state regulations.
4. Streets, roads, driveways, sewer lines, water lines, or any underground facilities shall not parallel
the center line within the right of way, but may cross at any angle not less than 30 degrees with
the center line and cross no closer than 20 feet to any structure. Man holes and underground
vaults within the right of way limits must be approved by Duke Energy before installation.
5. Contact Duke Energy before installing any overhead or underground utilities (e.g., electric, gas,
telephone, cable, etc.).
6. Any drainage ditch that allows water to pond or to cause erosion around a structure is prohibited.
7. Contact Duke Energy prior to the construction of lakes or ponds within the right of way limits.
8. Duke Energy does not recommend the practice of using the area under transmission lines for
parking, but will not object if the following restrictions are followed:
. A barrier, sufficient to withstand a 15 mph vehicular impact, shall be erected by the
party constructing the parking area to protect the pole or tower. The barrier shall be
located in such a manner as to restrict parking to at least five feet from the
structure.
http:~'ww~~~.dukc-cncrgy.com/safety/row/carolinas/restrictions' (3 of~4)2/13/2007 8:58:07 AM

Transmission Rights of Way Restrictions -Duke Energy
• Any access areas, entrances, or exits shall cross the right of way at or near right
angles to the centerline, and shall not pass within 20 feet of any structure.
• Lighting structures higher than 15 feet are not allowed within the right of way
limits.
• Signs and other attachments to Duke Energy structures are prohibited.
9. Duke Energy will not object to certain beautification measures as long as they do not interfere
with existing structures or access to such structures.
• Any plants within the right of way such as flowering shrubs, bushes, hedges, or
low growing species must not exceed 15 feet in height at maturity.
• Trees are not allowed within the right of way limits.
• Duke Energy may exercise the right to cut danger trees outside the right of way
limits as granted by the right of way agreement and as required to properly
maintain and operate the transmission line.
If you have additional questions or plan any activity not mentioned, please contact us.
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