ATLANTA AUSTIN BANGK OK BEIJING BRUSSELS CHARLOTTE DALLAS HOUSTON LONDON LOS ANGELES McLEAN MIAMI NEW YORK NORFOLK RALEIGH RICHMOND SAN FRANCISCO WASHINGTON www.hunton.com HUNTON & WILLIAMS LL P RIVERFRONT PLAZA, EA ST TOWER 951 EAST BYRD STREET RICHMOND, VIRGINIA 23219

- 4074

TEL 804 • 788 • 8200 FAX 804 • 788 • 8218

Nov ember 8, 2010 BROOKS M. SMITH DIRECT DIAL: 804

- 78 7

- 8 086 EMAIL: bsmith @ hunton.com FILE NO: 29142.080054

VIA EMAIL Mary T. Smit h, Di

rector Engineering & Analysis Divisio n 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 Circui t remanded the administrati ve record for th e C&D rule so that EPA could address UWAG’s co mments and concerns about the impacts of the rule on linear utilit y pro

jects. Last month , UWAG met with yo u and your staff to discuss EPA ’ s plans fo r addressing these comments and concerns in the remanded proceeding. During that meet ing, you requested additional informat io n to facilitate EPA’s assess ment of certa in impacts associated with linear utilit y proj ects. In particu lar, you posed six specific questions, which are restated in italics below. We developed the fo llo wing responses based on a survey of UWAG’s membership. 1. Is there a rule of thumb for how a nd where to construct access roads for linear projects? Wherever possible, utilit ies avo id constructing new access roads for linear projects. Constructing new access roads leads to addit io nal costs, permitting considerat io ns, and maintenance duties. To avoid or at least minimize new access road construction, utilit ies maximize usage o f exist ing roads and access points (e.g., farm roads) adjacent to utilit y l ines. Generally, new access roads are not constructed for distribut io n vo lt age circuits, which, du e to thei r relat ively lower vo lt age (and thus smaller conductors, structures, and right

- of

- ways) allow for more flexibilit y in sit ing direct ly ad jacent to exist ing roads. Transmissio n vo lt ageMary T. Smit h, Di rector November 8, 2010 Page 2 ci rcui ts are also placed near exist ing roads where feasible, and when necessary, short spur roads are constructed to allow for access to utilit y l ine right

- of

- ways from exist ing roads. Where new access po int s are necessary to reach utilit y st ructures or associated stringing sites or construction yards, “roads” may not be constructed per se , but rather are marked as routes on cons truction drawings for temporary use by construction vehicles. Alternatively, access needs may be achieved by fo llowing the line right

- of

- ways without requiring any new road construction. C reating these access po int s often invo lves clearing trees and shrubs in the designated areas, but ty

pically does not invo lve so il d isturbance or compact io n, grading, the addi tion of gravel, or the laying of pavement. In some cases, woody vegetation chips fro m clearing shrubs and trees are used for surfacing routes/roads. These access routes are often tem porary, and the area is revegetated and returned to its prior grades after construction activit ies are co mp lete. In other cases, where permanent roads ar e required or there is no way to avoid steep slopes, bladed roadbeds are constructed by scarifying and compacting the so il. At a property owner’s request, otherwise temporary access roads and properly permitted culverts (e.g., where constructed to minimiz e environmental impacts fro m co nstruction equi pment crossing streams) are sometimes left in place for the property owner’s personal use, which might invo lve co mpact io n or the addit ion of gravel or rock at that time. New access routes/roads are developed along the shortest practical route and in accordance wi th other specificat io ns such as those described further in the response to Question 3 below. Most often short spur roads are constructed to each structure from nearby exist ing roads. Where a new transmissio n line runs alo ng a straight, flat area, with no sensit ive habitat, an access route or road might run along a sect io n of the right

- of

- way it self. 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 wit hin several feet of the center line and/or pole so that the construction crew can set

- up to erect the pole, but the cho ice o f p lacement 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 fe et f or transmission lines. Utilit ies avo id constructing in environmentally sensit ive areas whenever possible. In addit io n to environmental considerat io ns 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 sensit ive areas. Where construction in environmentally sensit ive areas cannot be avo ided, utilit ies c onstruct 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 forMary T. Smit h, Di rector November 8, 2010 Page 3 construction as well as future maintenance access. In areas where environmental considerations or te rrain preclude pract ical access routes/roads, utilit ies so met imes use helicopters to achieve their access needs. Other variables when deciding how and where to construct access routes and roads for linear proj ects include other environmental restrict io ns; landowner preferences; avoiding wet la nds, karst areas, and waterways; minimizing the need for temporary culverts or crane matting; and avo id ing steep slopes and access po int s off highways for safet y r easons. 2. What is the typical frequency of access poi nts? Access points ty

pically are not required for distribution vo lt age circuits, which are usually constructed adjacent to exist ing roads. The frequency of transmissio n vo lt age circuit structures and associated access po int s is highly dependent on line vo lt age (e.g., lower transmissio n vo lt age structures are more numerous than higher transmissio n voltage structures), terrain (e.g., if the terrain is hilly, structure locations could be on hill crests and have lo nger spans between structures and associated a ccess po int s), whether electricit y o r gas is transmitted (e.g., electric transmission projects tend to have access routes/roads for each structure, whereas gas transmissio n 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 lo nger distances between them and associated access po int s), the width of the right

- of

way (e.g., narrow right

- of

- ways require more structures, and thus associated access po int s , to keep conductors from swinging outside the right

- of

- way during windy weather patterns), and other si te

- specific variables. A rough and generalized average frequency o f t ransmissio n proj ect 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 mult iple structures may be accessed fro m 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 exist ing road; one access point to a new route/road that runs to mult iple structures; or as many as three access points (e.g., new access routes/ro ads or spur roads fro m an exist ing paved or unpaved road). 3. How are roads stabilized to avoid erosion during construction? Utilit ies use a variet y o f Best Management Practices (BMPs) to address erosion and sedimentation during the construction of linear projects and associated access roads. In most cases, utilit ies emplo y erosion and sediment control techniques that are specified by state agency or local government regulat io n, guidance or design standards, or other agreement. Some examples of different linear utilit y project stabilizat io n approaches include terraces,Mary T. Smit h, Di rector November 8, 2010 Page 4 cutouts, compact io n, mulching, straw bales, brush barriers, grading, gravel construction entrance pads, silt fencing, fiber rolls, mechanically

- stabilized earthwalls, seeding, stone, prom pt removal o f e xcavated soil, temporary bridges, rip

- rap, tem porary and permanent ground covers, erosion

- control blankets, turn

- outs, flow energy dissipat io n, straw wattles, sediment traps, broad base dips, diversio n ber ms, check dams, cross drains, pipe culverts, swales, water bars, ditching, and in rare cases, asphalt or cement. State and local regulat io n of erosion controls implemented at linear projects is pervasive. In contrast to regulat io n at a federal level, we believe that state and local erosion c ontrol requi rements help to foster select io n of area

- sui

table control s, taking into considerat io n t errain and other local factors. Separate from the applicable state and local regulatory requirements, utilit ies also implement thei r own vo lu nt ary policie s and practices for erosion and sediment control. Such practices vary depending on the nature of the utilit y facilit ies, local climate (e.g., precipitat io n), topography, potentially

- impacted species, cultural sites, and other factors. As an example, a ut ilit y’s vo lu nt ary 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 control s (e.g., m ulching, seeding, etc.) within fourteen days af ter final grade is reached; c) using adequate water bars, terraces, or diversio ns spaced to control runoff velocit y; d) installing construction entrances/exits (e.g., gravel, rattle plates, etc.) wherever public paved roads are accessed by construct io n roads; e) minimizing installat io n 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 qualit y; and h) using mats to cross wetlands.Mary T. Smit h, Di rector November 8, 2010 Page 5 These detailed practices are not unique to this one example but rather are representative of the ty pe of erosion and sediment controls implemented by ut ilit ies. In many states, c om parable practices are required by state or local regulat io n. In most cases, utilit ies closely coordinate planning of linear projects among engineering, construction, and environmental staff to develop and implement site

- specific erosion plans, designat e responsibilit y fo r regular inspection and maintenance of the erosion controls during construction, and ensure stabilizat io n of the area following complet io n of a project. Of course, all projects are open to inspect io n by state and local environmental ag encies to assess and confirm compliance with applicable erosion and sediment control regulat io ns. 4. When would a utility typically channel its stormw ater runoff from a linear project (if at all)? How is this channelized flow managed? Channelized flow fro m linear utilit y pro jects is dependent on the topography o f t he construction site but avoided wherever possible. In many cases, this type of construction maintains exist ing, pre

- proj ect drainage patterns and runo ff is diffuse. S heet flow is preferred

. Where channelized flo w is unavo idable, however, utilit ies typically try to slow and dissipate flow, rather than channel it. For example, energy dissipaters can be used to attenuate the flow rate fro m s lo ped areas, and erosion control blankets can be used to slow water going down a steep slope to avoid erosion. If there is an exist ing tendency for flow to channel, utilit ies 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 i s unco mmo n to place lines underground in rural areas. Due to the significantly greater cost of undergrounding electric transmissio n lines, the need for sufficient ly wide, straight, and flat right

- of

- w ays, difficult ies obtaining subsequent maintenance and inspect io n access, technical challenges (e.g., heat accumulation), and the potential for greater land disturbance than fro m construction of overhead lines, utilit ies avoid this type of construction. We believe that the nat io nal average for undergrounding is less than 1% of all electric transmissio n lines. Some utilit y co mpanies do not have any underground lines in their system. Typically, utilit y lines that are placed underground are within urban are as (e.g., under exist ing roadways). Undergrounding o f d ist ribut io n lines is more commo n, but depending on the installat io n approach, associated impacts are usually minimal. Installation techniques vary, for example, fro m a vibratory plow or “ditch witch” to less commo n use of a conventional backhoe to buildMary T. Smit h, Di rector November 8, 2010 Page 6 a trench. It is co mmo n t o co - lo cate distribut io n lines with mult iple utilit ies (e.g., with cable and even water lines) in one trench. 6. What is the typical range of pad sizes for poles/towers and wh at measures are implemented to stabilize these areas during construction? Di stribut io n vo lt age circuits do not typically require a concrete pad foundation, and soil di sturbance around distribut io n poles is typically less than a ten

- fo ot radi us. In the rare si tuation where pads are used for this t ype 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 associ ated wi

th pads varies according to the structure ty pe, terrain, soil ty

pe, and accessibilit y. A construction area of approximately 30 feet by 30 feet is usually delineated for use by contractors undertaking distribution vo lt age circuit pole or pad construction. This area may, but does not necessarily, invo lve so il d isturbance or grading. Construction of individual di stribut io n vo lt age support structures is generally separated by hundreds of feet from the next nearest structure. Little, if any, disturbance occurs between the separate support structure ar eas. Most transmissio ns structures, and certainly those up to 230kV, might be a single pole, an H

frame, or a 4

- fo oted tower. These structures do not necessarily require a concrete pad fo undat io n. When required, concrete pad size tends to vary based on ci rcui t v ol tage. 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 convent io nal 500kV structures, three to four approximately 35 feet by 75 feet permanent pads may be co nstructed. Around the foundat io n of a four

- fo oted lattice steel tower, th ere is often an area so mewhat larger than the polygon around the structure foundat io n (e.g., a box drawn around this ty pe of tower) , which is referred to as a “structure pad

. ” Around a transmission structure’s foundat io n, structure pad, construction equipment, and/or crane pad (i.e., an area leveled and built to accommodate heavy equipment to set the transmissio n structure, which is usually 20 ft x 20 ft to 40 ft x 70 ft ), there can b e a larger “ construction area ” of approximately 200 feet by 200 feet. A transmissio n 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 c le ared right

- of

- way, but ma y be parti ally disturbed by equipment movement during construction. For helicopter construction, a smaller construction area of approximately 100 feet by 100 feet is delineated. As with distribut io n vo lt age support structure co nstruction, litt le, if any, di sturbance occurs between separate transmissio n 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. Commo n stabilization measures include sil t f encing,Mary T. Smit h, Di rector November 8, 2010 Page 7 straw wattles, blankets, vegetation strips, seeding, mulching, rip

- rap, di tch checks, and more rarely, perimeter ditching and temporary sediment traps. As with access route/road construction, utilit ie s commo nly implement erosion and sediment control s to minimize impacts from pad construction, whether as a result of state and local regulat io n or voluntary BMPs. Again, such practices tend to vary depending on the nature of the utilit y fa cilit ies being c onstructed, as well as lo cal climate and other condit io ns. For example, specificat io ns fo r pad construction might require: a) pads to have a maximum slope of 3% and a minimum slope of 1% for drainage; b) stabilization o f pads to a 90% compact io n le vel; c) ma ximizat io n of sheet flow (as opposed to channelizat io n) ; d) use of water bars and flow energy dissipaters; e) use of stormwater pollut io n prevent io n plan best management practices such as fiber rolls and silt fences, mechanically stabilized earth walls , and hydroseeding of slopes; and f) prompt removal o f excavated soil.

_________________________________ As highlighted by these responses, utilit ies are not in the business o f road building and, in turn, are opportunist ic in avo id ing su ch proj ects wherever possible. We note that erosion and sediment control for access routes/roads is already pervasively regulate d at the state and local level, and pract ices vary widely based on geography, terrain, setting, proximit y t o water, land use, among ot her project

- specific factors. Please contact me with any addit io nal quest io ns or comments regarding linear utilit y projects. S incerely,

Brooks M. Smit h

29142.080054 EMF_US 33272720v1