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November 8, 2010

BROOKS M. SMITH

DIRECT DIAL: 804-787-8086

EMAIL: bsmith@hunton.com

FILE NO: 29142.080054

VIA EMAIL

Mary T. Smith, Director

Engineering & Analysis Division

U.S. EPA Office of Water

Mailcode 4303T

1200 Pennsylvania Ave., N.W.

Washington, DC 20460

Responses of Utility Water Act Group to EPA’s Request for Information 

to Assess Certain Impacts Associated with Linear Utility Projects

Dear Mary:

In late September, the Seventh Circuit remanded the administrative record for the C&D rule 

so that EPA could address UWAG’s comments and concerns about the impacts of the rule on 

linear utility projects. Last month, UWAG met with you and your staff to discuss EPA’s 

plans for addressing these comments and concerns in the remanded proceeding. During that 

meeting, you requested additional information to facilitate EPA’s assessment of certain 

impacts associated with linear utility projects. In particular, you posed six specific questions, 

which are restated in italics below. We developed the following responses based on a survey 

of UWAG’s membership. 

1. Is there a rule of thumb for how and where to construct access roads for linear 

projects?

Wherever possible, utilities avoid constructing new access roads for linear projects. 

Constructing new access roads leads to additional costs, permitting considerations, and 

maintenance duties. To avoid or at least minimize new access road construction, utilities 

maximize usage of existing roads and access points (e.g., farm roads) adjacent to utility lines. 

Generally, new access roads are not constructed for distribution voltage circuits, which, due to 

their relatively lower voltage (and thus smaller conductors, structures, and right-of-ways) 

allow for more flexibility in siting directly adjacent to existing roads. Transmission voltage 
Mary T. Smith, Director

November 8, 2010

Page 2

circuits are also placed near existing roads where feasible, and when necessary, short spur 

roads are constructed to allow for access to utility line right-of-ways from existing roads. 

Where new access points are necessary to reach utility structures or associated stringing sites 

or construction yards, “roads” may not be constructed per se, but rather are marked as routes 

on construction drawings for temporary use by construction vehicles. Alternatively, access 

needs may be achieved by following the line right-of-ways without requiring any new road 

construction. Creating these access points often involves clearing trees and shrubs in the 

designated areas, but typically does not involve soil disturbance or compaction, grading, the 

addition of gravel, or the laying of pavement. In some cases, woody vegetation chips from 

clearing shrubs and trees are used for surfacing routes/roads. These access routes are often 

temporary, and the area is revegetated and returned to its prior grades after construction 

activities are complete. In other cases, where permanent roads are required or there is no way 

to avoid steep slopes, bladed roadbeds are constructed by scarifying and compacting the soil. 

At a property owner’s request, otherwise temporary access roads and properly permitted 

culverts (e.g., where constructed to minimize environmental impacts from construction 

equipment crossing streams) are sometimes left in place for the property owner’s personal 

use, which might involve compaction or the addition of gravel or rock at that time. 

New access routes/roads are developed along the shortest practical route and in accordance 

with other specifications such as those described further in the response to Question 3 below. 

Most often short spur roads are constructed to each structure from nearby existing roads. 

Where a new transmission line runs along a straight, flat area, with no sensitive habitat, an 

access route or road might run along a section of the right-of-way itself. Often such a 

route/road in the right-of-way is used where no other road access is available. When a new 

access route/road runs within a right-or-way, it is usually placed within several feet of the 

center line and/or pole so that the construction crew can set-up to erect the pole, but the 

choice of placement can be impacted by terrain (e.g., a new road might be offset to avoid a 

stream or hill). Access roads along the right-of-way are limited to the width needed for 

vehicles usage (approximately 20 feet). These types of roads do not extend to the edges of the 

right-of-way, which may be as wide as 100 feet for transmission lines. 

Utilities avoid constructing in environmentally sensitive areas whenever possible. In addition 

to environmental considerations and related regulatory requirements, these areas present 

construction challenges and necessitate non-standard designs that may prolong construction 

processes and exacerbate costs. In some cases, mats will be used to temporarily cross 

environmentally sensitive areas. Where construction in environmentally sensitive areas 

cannot be avoided, utilities construct roads pursuant to environmental requirements and at 

grade if possible or, when the depth of water is too great, above grade in order to allow for 
Mary T. Smith, Director

November 8, 2010

Page 3

construction as well as future maintenance access. In areas where environmental 

considerations or terrain preclude practical access routes/roads, utilities sometimes use 

helicopters to achieve their access needs.

Other variables when deciding how and where to construct access routes and roads for linear 

projects include other environmental restrictions; landowner preferences; avoiding wetlands, 

karst areas, and waterways; minimizing the need for temporary culverts or crane matting; and 

avoiding steep slopes and access points off highways for safety reasons.

2. What is the typical frequency of access points?

Access points typically are not required for distribution voltage circuits, which are usually 

constructed adjacent to existing roads. The frequency of transmission voltage circuit 

structures and associated access points is highly dependent on line voltage (e.g., lower 

transmission voltage structures are more numerous than higher transmission voltage 

structures), terrain (e.g., if the terrain is hilly, structure locations could be on hill crests and 

have longer spans between structures and associated access points), whether electricity or gas 

is transmitted (e.g., electric transmission projects tend to have access routes/roads for each 

structure, whereas gas transmission projects tend to have access routes/roads at the beginning 

and end of projects and at road crossings), height of structures (e.g., higher structures tend to 

have longer distances between them and associated access points), the width of the right-ofway (e.g., narrow right-of-ways require more structures, and thus associated access points, to 

keep conductors from swinging outside the right-of-way during windy weather patterns), and 

other site-specific variables. A rough and generalized average frequency of transmission 

project structures is approximately three to five structures for every mile of line. The number 

of associated access points and length of the associated roads will depend on the factors listed 

above, since one or multiple structures may be accessed from a single access point. For 

example, if there are three structures along a one-mile line, there might be zero access points 

if all of the structures are immediately adjacent to an existing road; one access point to a new 

route/road that runs to multiple structures; or as many as three access points (e.g., new access 

routes/roads or spur roads from an existing paved or unpaved road).

3. How are roads stabilized to avoid erosion during construction?

Utilities use a variety of Best Management Practices (BMPs) to address erosion and 

sedimentation during the construction of linear projects and associated access roads. In most 

cases, utilities employ erosion and sediment control techniques that are specified by state 

agency or local government regulation, guidance or design standards, or other agreement. 

Some examples of different linear utility project stabilization approaches include terraces, 
Mary T. Smith, Director

November 8, 2010

Page 4

cutouts, compaction, mulching, straw bales, brush barriers, grading, gravel construction 

entrance pads, silt fencing, fiber rolls, mechanically-stabilized earthwalls, seeding, stone, 

prompt removal of excavated soil, temporary bridges, rip-rap, temporary and permanent 

ground covers, erosion-control blankets, turn-outs, flow energy dissipation, straw wattles,

sediment traps, broad base dips, diversion berms, check dams, cross drains, pipe culverts, 

swales, water bars, ditching, and in rare cases, asphalt or cement. State and local regulation of 

erosion controls implemented at linear projects is pervasive. In contrast to regulation at a 

federal level, we believe that state and local erosion control requirements help to foster 

selection of area-suitable controls, taking into consideration terrain and other local factors. 

Separate from the applicable state and local regulatory requirements, utilities also implement 

their own voluntary policies and practices for erosion and sediment control. Such practices 

vary depending on the nature of the utility facilities, local climate (e.g., precipitation), 

topography, potentially-impacted species, cultural sites, and other factors. As an example, a 

utility’s voluntary practices may include:

a) building roads along the shortest practical route; 

b) grading road edges to the lowest possible angle and installing temporary or 

permanent erosion controls (e.g., mulching, seeding, etc.) within fourteen days after 

final grade is reached; 

c) using adequate water bars, terraces, or diversions spaced to control runoff velocity; 

d) installing construction entrances/exits (e.g., gravel, rattle plates, etc.) wherever 

public paved roads are accessed by construction roads; 

e) minimizing installation of pipe culverts where possible; 

f) sizing pipe culverts appropriately depending on whether they are for temporary use 

or long term use; 

g) using temporary, portable bridges to cross streams, so as to not damage 

streambanks or impact water quality; and 

h) using mats to cross wetlands.
Mary T. Smith, Director

November 8, 2010

Page 5

These detailed practices are not unique to this one example but rather are representative of the 

type of erosion and sediment controls implemented by utilities. In many states, comparable 

practices are required by state or local regulation. 

In most cases, utilities closely coordinate planning of linear projects among engineering, 

construction, and environmental staff to develop and implement site-specific erosion plans, 

designate responsibility for regular inspection and maintenance of the erosion controls during 

construction, and ensure stabilization of the area following completion of a project. Of 

course, all projects are open to inspection by state and local environmental agencies to assess 

and confirm compliance with applicable erosion and sediment control regulations. 

4. When would a utility typically channel its stormwater runoff from a linear project (if 

at all)? How is this channelized flow managed?

Channelized flow from linear utility projects is dependent on the topography of the 

construction site but avoided wherever possible. In many cases, this type of construction 

maintains existing, pre-project drainage patterns and runoff is diffuse. Sheet flow is 

preferred. 

Where channelized flow is unavoidable, however, utilities typically try to slow and dissipate 

flow, rather than channel it. For example, energy dissipaters can be used to attenuate the flow 

rate from sloped areas, and erosion control blankets can be used to slow water going down a 

steep slope to avoid erosion. If there is an existing tendency for flow to channel, utilities 

manage the flow using the control techniques described further in the response to Question 3. 

5. How common (or uncommon) is undergrounding of lines outside of urban areas?

It is uncommon to place lines underground in rural areas. Due to the significantly greater cost 

of undergrounding electric transmission lines, the need for sufficiently wide, straight, and flat 

right-of-ways, difficulties obtaining subsequent maintenance and inspection access, technical 

challenges (e.g., heat accumulation), and the potential for greater land disturbance than from 

construction of overhead lines, utilities avoid this type of construction. We believe that the 

national average for undergrounding is less than 1% of all electric transmission lines. Some 

utility companies do not have any underground lines in their system. Typically, utility lines 

that are placed underground are within urban areas (e.g., under existing roadways).

Undergrounding of distribution lines is more common, but depending on the installation 

approach, associated impacts are usually minimal. Installation techniques vary, for example, 

from a vibratory plow or “ditch witch” to less common use of a conventional backhoe to build 
Mary T. Smith, Director

November 8, 2010

Page 6

a trench. It is common to co-locate distribution lines with multiple utilities (e.g., with cable 

and even water lines) in one trench. 

6. What is the typical range of pad sizes for poles/towers and what measures are 

implemented to stabilize these areas during construction?

Distribution voltage circuits do not typically require a concrete pad foundation, and soil 

disturbance around distribution poles is typically less than a ten-foot radius. In the rare 

situation where pads are used for this type of circuit, pads are typically 6 feet in diameter for 

pole vaults used for caissons and 2 feet by 2 feet for towers. The size of construction areas 

associated with pads varies according to the structure type, terrain, soil type, and accessibility.

A construction area of approximately 30 feet by 30 feet is usually delineated for use by 

contractors undertaking distribution voltage circuit pole or pad construction. This area may, 

but does not necessarily, involve soil disturbance or grading. Construction of individual 

distribution voltage support structures is generally separated by hundreds of feet from the next 

nearest structure. Little, if any, disturbance occurs between the separate support structure 

areas. 

Most transmissions structures, and certainly those up to 230kV, might be a single pole, an Hframe, or a 4-footed tower. These structures do not necessarily require a concrete pad 

foundation. When required, concrete pad size tends to vary based on circuit voltage. For 

example, 69kV to 345kV circuits often are placed on one or two approximately 35 feet by 75 

feet or 50 feet by 75 feet pads. For conventional 500kV structures, three to four 

approximately 35 feet by 75 feet permanent pads may be constructed. Around the foundation 

of a four-footed lattice steel tower, there is often an area somewhat larger than the polygon 

around the structure foundation (e.g., a box drawn around this type of tower), which is 

referred to as a “structure pad.” Around a transmission structure’s foundation, structure pad, 

construction equipment, and/or crane pad (i.e., an area leveled and built to accommodate 

heavy equipment to set the transmission structure, which is usually 20 ft x 20 ft to 40 ft x 70 

ft), there can be a larger “construction area” of approximately 200 feet by 200 feet. A 

transmission project construction area does not necessarily require grading, is not necessarily 

built to accommodate heavy equipment, should not extend outside of the footprint of a cleared 

right-of-way, but may be partially disturbed by equipment movement during construction. 

For helicopter construction, a smaller construction area of approximately 100 feet by 100 feet 

is delineated. As with distribution voltage support structure construction, little, if any, 

disturbance occurs between separate transmission support structure construction areas. 

Many of the same stabilization approaches detailed in the response to Question 3 are used to 

stabilize pad areas during construction. Common stabilization measures include silt fencing, 
Mary T. Smith, Director

November 8, 2010

Page 7

straw wattles, blankets, vegetation strips, seeding, mulching, rip-rap, ditch checks, and more 

rarely, perimeter ditching and temporary sediment traps. 

As with access route/road construction, utilities commonly implement erosion and sediment 

controls to minimize impacts from pad construction, whether as a result of state and local 

regulation or voluntary BMPs. Again, such practices tend to vary depending on the nature of 

the utility facilities being constructed, as well as local climate and other conditions. For 

example, specifications for pad construction might require:

a) pads to have a maximum slope of 3% and a minimum slope of 1% for drainage;

b) stabilization of pads to a 90% compaction level;

c) maximization of sheet flow (as opposed to channelization); 

d) use of water bars and flow energy dissipaters;

e) use of stormwater pollution prevention plan best management practices such as 

fiber rolls and silt fences, mechanically stabilized earth walls, and hydroseeding of 

slopes; and 

f) prompt removal of excavated soil. 

_________________________________

As highlighted by these responses, utilities are not in the business of road building and, in 

turn, are opportunistic in avoiding such projects wherever possible. We note that erosion and 

sediment control for access routes/roads is already pervasively regulated at the state and local 

level, and practices vary widely based on geography, terrain, setting, proximity to water, land 

use, among other project-specific factors. 

Please contact me with any additional questions or comments regarding linear utility projects.

Sincerely,

Brooks M. Smith

29142.080054 EMF_US 33272720v1