HomeMy WebLinkAboutS. Intertie Phase 1 6-14-1996 landPROJECT NO: 120293-01 ) YY, ISSUED TO. MoO ronan QR DMT SUED TO"
CHUGACH ELECTRIC ASSOCIATION, INC.
CONTRACT NO. 95-208
SOUTHERN INTERTIE
ROUTE SELECTION STUDY
PHASE 1
June 14, 1996
FINAL
LANDS / REGULATORY SECTION REPORT
FOR INFORMATION CONTACT:
= Randy Pollock, P.E.
™ Frank Rowland
=» Tim Ostermeier, P.E.
POWER ENGINEERS, INC. @ P.O. BOX 1066 @ HAILEY, IDAHO 83333
(208) 788-3456 @ FAX (208) 788-2082
SOUTHERN INTERTIE ROUTE SELECTION STUDY
PHASE I
LAND / REGULATORY SECTION REPORT
TABLE OF CONTENTS
INTRODUCTION 1
OVERVIEW 1
PROJECT REVIEW PROCESS 2
e Federal 2
e National Environmental Policy Act (NEPA) 3
e Section 404 and Related Permit Requirements 6
e EPA-Related Requirements 6
e Federal Aviation Administration, U.S. Forest Service, and
Bureau of Land Management 7
e State of Alaska 7
e Division of Governmental Coordination 7
¢ Municipality of Anchorage 9
e Kenai Peninsula Borough 10
CORRIDOR-SPECIFIC ENVIRONMENTAL PERMITS
AND AUTHORIZATIONS 10
e Quartz Creek 12
e Enstar 12
e Tesoro 12
e Klatt Corridor 13
PRIVATE LAND EASEMENT ACQUISITION 13
APPENDIX A — CORRIDOR-SPECIFIC ENVIRONMENTAL PERMITS AND
AUTHORIZATIONS
APPENDIX B — LIST OF ACRONYMS
APPENDIX C — SAMPLE RIGHT-OF-WAY PROCEDURES MANUAL
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LAND/REGULATORY SECTION REPORT
INTRODUCTION
This section provides a description of the compliance requirements anticipated for the
Southern Intertie Project prior to its construction and operation. The section describes the
permits, clearances and other authorizations, and their associated procedures required by
federal, -envirenmental-and- -other-administrative-regulations, state statutes, and local
ordinances that may apply to the construction and operation of the line and the
acquisition of its right-of-way. These permitting and right-of-way acquisition processes
apply generally to the entire study area. The specific application of individual permits,
easements, or other authorizations would be known only when a preferred alternative is
selected through the appropriate federal, state, and local approval processes. Federal,
State of Alaska, and local permits and authorizations are summarized in Appendix A. In
addition, Table 1, located in the Private Land and Easement Acquisition Section,
summarizes private lands within each alternative corridor and its sub-links that would
require the acquisition of transmission line easements.
In order to better understand the relationship between the following text and the project
study area, refer to the Alternative Corridor Map, and the Jurisdiction/Ownership Map,
found in the pocket inside the back cover of this report.
Also described in this section are the agency review processes for obtaining the necessary
permits and approvals and a description of permitting constraints relative to each of the
alternative corridors under consideration. Specific permit conditions and monitoring are
not discussed as they cannot be known until a final centerline is identified.
Because it is not now known which potential permits would be required for the
ultimately selected route, individual permit application forms have not been included
with this report. However, these forms are readily available once a route is approved and
their use determined.
OVERVIEW
There are currently three major alternative transmission line corridors under
consideration (see Alternative Corridor Map). The three major alternative corridors are
referred to as:
e Tesoro Route (TE), which roughly parallels the existing Tesoro Pipeline Route along
the western coast of the Kenai Peninsula
e Enstar Route (EN), which roughly parallels the existing Enstar Pipeline route through
the Kenai National Wildlife Refuge
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e Quartz Creek Route (QC), which follows the existing Quartz Creek transmission line
that parallels the Seward and Sterling highways.
The TE and EN routes would require the construction of an electrical submarine cable;
the QC route may or may not.
The QC alternative has an optional route that deviates from the existing transmission line
at the intersection of the Seward and Hope highways. This alternative segment follows an
existing electrical distribution line north to Snipers Point located on the south shore of
the Turnagain-Arm -Fwe eptions-exist-for-crossing-the Furnagain-Arm~at-this point: an
aerial crossing at Bird Point (QC.D.1.A), and a submarine crossing (QC.D.1.B). Both
optional routes at this location intersect the existing QC Transmission Line directly north
of Bird Point.
In addition to describing the general permitting and right-of-way acquisition process, this
report section describes the relationship between the National Environmental Policy Act
(NEPA) and other federal and state permits that would be required for the three study
corridors. Again, note that potentially required federal, state and local permits are
summarized in Appendix A. Note also, because of the number of acronyms associated
with agency permitting, an acronym glossary is included as Appendix B.
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PROJECT REVIEW PROCESS
The majority of all federal, state and local permitting processes require public review and
solicit public comment. Permits often require public notification that a proposed project
is available for review while other permits, primarily local government permits, often
require public hearings within the community potentially being affected. An example of
a permit requiring public notice and hearings is the U.S. Army Engineer District
(USAED) Section 404 Permit.
FEDERAL REQUIREMENTS Federal permitting requirements described in this section
include:
National Environmental Policy Act (NEPA)
National Pollutant Discharge Elimination System (NPDES) - administered by the
Environmental Protection Agency (EPA)
Spill Prevention, Control and Countermeasure (SPCC) - administered by the EPA
Section 106 - administered by the State Historic Preservation Office (SHPO)
Section 404 - administered by the USAED
Section 7 - administered by the U.S. Fish and Wildlife Service (USFWS)
Special Use Permits - administered by the U.S. Forest Service (USFS)
Grant of Right of Way - administered by the Bureau of Land Management (BLM)
National Environmental Policy Act (NEPA)
NEPA (Public Law 91-190, 42 USC 4321 et seq.) establishes policy, sets goals, and
provides means for carrying out the policy of protecting the nation’s environment. In
1978, the Council on Environmental Quality (CEQ) issued regulations for implementing
the procedural provisions of NEPA (40 CFR Parts 1500-1508).
Because the Southern Intertie Project includes a federal action that could significantly
affect the human environment, it requires consideration under NEPA. “Federal actions”
include projects and programs entirely or partially “financed, assisted, conducted,
regulated, or approved by federal agencies.” The Southern Intertie Project would involve
federal lands and numerous permits and approvals from federal agencies.
An EIS is required when potential significant impacts and/or public controversy have
been identified at the onset of the project. An environmental assessment (EA), is
typically prepared when the potential for significant impacts is either not anticipated or
unknown.
Agency representatives indicate that an EIS will be required and that the Rural Utility
Service (RUS) will, most likely, be the lead federal agency. The final determination as
to the level of study required (EA versus EIS) will be decided upon by the lead federal
agency.
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The federal NEPA process is illustrated in Figure 1.
NEPA required the designation of a federal lead agency to oversee preparation of the
EA/JEIS and to issue the Record of Decision on the proposed project. If there is a
potential interest on the part of other federal agencies with jurisdiction to participate in
the NEPA process, the lead agency must consider their involvement as a cooperating
agency. Agencies may request that the lead agency designate them as cooperating
agencies. In this role, cooperating agencies are invited to participate in determining the
direction of the study and assist in providing information and staff to support the efforts
associated with the NEPA process.
For the Southern Intertie Project, a variety of agencies may need to be considered as
cooperating agencies, such as the USFWS, USFS, and USAED. The lead agency would
take the lead in developing a Memorandum of Understanding for the purpose of defining
and clarifying the roles and responsibilities of the agencies, project proponent, and third-
party contractor. The third-party contractor in this case is environmental consultant
conducting the environmental studies and preparing the EA/EIS under the direction of
the lead federal agency. typical EA/EIS document will have the following major
sections:
e Executive Summary — adequately and accurately summarizes the document and
stresses major conclusions, areas of controversy, and issues to be resolved
e Purpose and Need - briefly specifies the underlying purpose and need for the project
e Alternatives Including the Proposed Action - presents the environmental impacts of
and alternatives to the proposed project, in comparative form, providing a clear
choice among options for the lead agency
e Affected Environment - succinctly describes the environment of the area(s)
potentially affected or created by the proposed project and alternatives under
consideration
e Environmental Consequences - includes a discussion of the anticipated environmental
impacts of the alternatives including the proposed action and any adverse
environmental effects that cannot be avoided or mitigated to insignificance
e Consultation and Coordination - identifies the agencies and individuals which aided
in the environmental analysis and documentation
e List of Preparers - includes the names and qualifications of the persons who are
primarily responsible for the document
e Appendices - present supporting information, materials and studies developed as part
of the environmental analysis
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FEDERAL PROCESS
NATIONAL ENVIRONMENTAL POLICY ACT (NEPA)
Proposed Action
Identified
Scoping/Determine
Issues and Concerns
Determination of ;
Significance
No Significant i
Effects Expected to Occur | ;
Significant Effects Significance of Effects
Will Occur is Uncertain
Conduct Required * me Prepare Draft EIS ~ MAT Environmental Studies |
Finding of No 5 Categorical Exclusion
Significant Impact i Sn
Fos)
—
Implementation
and Monitoring
Prepare Final EIS :
Sanaa NO NANTES
Record of Decision : Lo.
emsessy * Federal, state, and local permitting studies can be started in conjunction
with the NEPA process once a preferred alternative is identified.
FIGURE 1
Section 404 and Related Permit Requirements
Federal permits anticipated for the Southern Intertie Project include:
USAED Section 404 Permit, which is required when the proposed project includes
the potential for filling, construction, or placement of structures in wetlands and
waters of the United States.
USAED Section 10 Permit, which would be required for the construction of a
structure in, or over navigable waters of the United States.
Section 106 Consultation, required by the National Historic Preservation Act, which
would assess the potential impacts to cultural resources along the various alternative
corridors. The consultation would be conducted by Alaska's SHPO in the Office of
History and Archaeology in conjunction with the review of the Section 404 Permit by
federal resource agencies. In the unlikely event that a Section 404 Permit process
would not be required, the Section 106 Consultation would be conducted under the
guidance of appropriate federal agencies. However, all routes appear to require
Section 404 permitting due to associated wetlands.
Section 7 Consultation with the USFWS regarding threatened and endangered
species, which occurs automatically with the initiation of a Section 404 Permit and
review. As with the Section 106 Consultation, if a Section 404 Permit process would
not be required, Section 7 Consultation would be conducted under the guidance of
appropriate federal agencies.
EPA-Related Requirements
The EPA would probably require the following permits to be obtained:
A National Pollutant Discharge Elimination System (NPDES) General Permit for
storm water. This permit, which applies to non-point sources associated with
construction activities, may be required depending upon the extent of construction
and development of additional facilities. The general NPDES permit would apply to
construction of a transmission line and substation facilities due to the need to clear
right-of-way and the potential need for above-ground facilities at the marine crossing
locations. The General Permit would also necessitate the creation of a Storm Water
Pollution Prevention Plan required during the construction phase of the project.
SPCC Plan for the storage of large amounts of fuel (greater than 1,320 gallons). This
would be required in the event that equipment fuel is stored onsite during the
construction phase of the project, as well as for oil-filled equipment such as some
types of submarine cable and associated pumping facilities, oil-filled reactors, and
power transformers.
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Federal Aviation Administration, U.S. Forest Service, and Bureau of Land Management
e A Notice of Proposed Construction to the Federal Aviation Administration (FAA)
would also be required if the proposed route would potentially interfere with existing
flight patterns or flight management areas. In addition, the FAA will require that the
proposed project be evaluated for a hazard determination. A hazard determination is
the potential hazard that any new construction could cause to existing flying
conditions.
e The BLM handles lands selected under the Alaska Native Claims Settlement Act
(ANCSA) and Native Allotments under the Alaska Native Allotment Act of 1906 for
all lands that have not been transferred and are held in trust for allottees. The BLM
would review a request for right-of-way on, or lease of, trust properties.
e The USFS will also require a Special Use Permit for the construction and installation
of the proposed project on National Forest Lands.
STATE OF ALASKA REQUIREMENTS
State of Alaska permitting requirements described in this section include:
e Review processes directed by the Division of Governmental Coordination (DGC)
e Review permits by the Alaska Department of Natural Resources (ADNR)
e Review and consultation during the federal permitting requirements that affect state
lands
Division of Governmental Coordination
The lead coordinating agency for the state’s permitting review of the project within the
state’s coastal zone will be the Division of Governmental Coordination (DGC) of the
Office of Management and Budget. The DGC’s authorities come from Alaska State
Statute (A) 46 and A6 Alaska Administrative Code (AAC) 50. The extent of the coastal
zone is defined by each local Coastal District. The Municipality of Anchorage (MOA)
and Kenai Peninsula Borough coastal districts both manage lands within the existing
project study area.
DGC is directed by the Alaska Coastal Zone Management Act and the Alaska Coastal
Zone Management Program (ACMP) to coordinate the state’s review of projects
requiring more than one state agency’s permit or federal permits requiring state
concurrence. DGC coordinates permitting by initially holding “pre-application” meetings
and reviewing permit application packets for completeness. Once the packet is
considered complete, DGC starts the state’s 50-day review by supplying the review
packet, including applications, to state agencies and local coastal district reviewers. The
USAED also receives notice that the state’s review has begun.
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Upon completion of the state’s review, DGC issues a “Consistency Determination”
which precipitates the issuance of state permits and also allows any federal permits to be
finalized. Issuance of federal permits in the state’s coastal zone requires concurrence on
the part of the state that the project is consistent with the ACMP. DGC may extend the
review time frame if there are information requests from reviewers.
Chugach Electric Association personnel who have had experience with this process
indicate that if a project generates significant controversy, agencies may request
additional information that can extend their review to 90 days or more. The USAED
coordinates the federal review of a project if a Section 404 or Section 10 permit is
required. The USAED then issues the 404 permit after receiving notice that the state has
found the project consistent with the ACMP.
Additional State of Alaska permits may be required from the Alaska Department of
Environmental Conservation (ADEC), Alaska Department of Fish & Game (ADF&G),
and the Alaska Department of Natural Resources (ADNR).
ADEC permits include Water Quality Certification, Air Quality Permits, and approval of
oiling to control dust or burning of slash from cleared areas (i.e., rights-of-way). The
range of ADEC permits are generally required under A 46 and A1l8 AAC. These include:
e A Wastewater Discharge Permit for any direct discharges of wastewater to waters of
the United States.
e A Certificate of Reasonable Assurance (Section 401) is necessary when any federal
permit is issued under the Federal Clean Water Act. In this case, the USAED Section
404 Permit will trigger the need for State certification.
e An Air Quality Permit to Construct and Operate may be required if more than 100
tons of criteria pollutants are emitted. This would typically only occur if construction
activities would generate considerable dust. The most likely air pollutant would be
particulate matter emitted during ground disturbing activities (i.e., right-of-way
clearing and access road construction). If road dust is to be controlled by oiling
during construction, ADEC may require a Surface Oiling Permit.
e A Burn Plan when more than 16 hectares (99.5 acres) of land are to be cleared and
the slash burned during the construction phase of the project.
ADF&G permits would include:
e A Fish Habitat Permit under A 16.05.840, A 16.05.870, and A 5 AAC 95 from the
ADF&G, which would be required for any structures placed below the ordinary high
water line for equipment crossing fish-bearing streams.
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e The fording of equipment through state waters must be approved by ADF&G.
e Activities in any Special Management Areas managed by the ADF&G are controlled
through A 16.20 and 5 AAC 95.
ADNR has four divisions with regulatory powers over a project of this type. The
authority stems from A 38 and 11 AAC. The approvals required from ADNR include
e Written approval from the Division of Forestry to burn material from areas cleared
during the fire season. A Burn Plan would need to be submitted prior to approval.
e A Temporary Water Use Permit to secure temporary (during construction) use of
state waters is required from the Division of Mining and Water Management.
e A Material Sale for the use of state materials, such as sand and gravel, would be
conducted by the Division of Land (DOL).
e ALand Use Permit and right-of-way would have to be issued by DOL for any use of
or construction on state lands.
The Alaska Department of Transportation/Public Facilities (ADOT/PF) would require:
e A Utility Permit and right-of-way Encroachment Permit for any transmission line
structures crossing or potentially affecting ADOT/PF rights-of-way.
MUNICIPALITY OF ANCHORAGE
Permits and approvals within the Municipality of Anchorage (MOA) are primarily
covered by the existing federal and state requirements previously described. MOA
General Permits may be require to projects that cross designated wetlands that could be
developed.
A Conditional Use Permit amendment to the Utility Corridor Plan would be required for
transmission or substation type facilities located within the MOA for areas not zoned
industrial and not routed within the identified corridors. Industrial zoning exempts these
facilities from the Conditional Use Permit requirements.
Routing opportunities within the corridor will be compared against the Municipality’s
Utility Corridor Plan. Although the currently adopted plan incorporates future
transmission line locations, construction and operation of the Southern Intertie Project
would require approval by the MOA Planning and Zoning Commission and the
Municipal Assembly regardless of the location of the line. Both the Planning and Zoning
Commission and the Municipal Assembly require public hearings on the proposed
amendment. Final approval is issued by the Municipal Assembly pending review of the
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amendment and the completion of the public hearing process.
KENAI PENINSULA BOROUGH
Construction and operation of the project would require compliance with the
requirements of the Federal Emergency Management Agency (FEMA). Compliance with
FEMA specifically relates to the construction and placement of transmission line
facilities within coastal bluff areas and special hazard areas as defined by FEMA and the
Kenai Peninsula Borough (borough).
In addition, the borough will require compliance with the Coastal Management Program
and requirements for temporary fuel storage locations.
Additional right-of-way and transmission line easements, permits, and approvals may be
required pending the identification of the exact location of the transmission line. Similar
to the MOA, the borough requires compliance with all federal and state permits and
approvals.
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CORRIDOR-SPECIFIC ENVIRONMENTAL PERMITS AND AUTHORIZATIONS
Three alternative corridors have been identified within the regional study area. The
individual corridors have been divided into segments called links. The Alternative
Corridor Map illustrates the individual corridors and related links.
The anticipated permitting requirements and authorizations are similar for all of the
corridors under consideration. However, the extent and proximity of regulated areas vary
between the identified potential routes. Appendix A summarizes the potential permit
requirements for the alternative corridors under consideration at this time. In addition,
for all submarine crossings a plat showing the location of the UG submarine cable must
be submitted to the U.S. Coast Guard after installation.
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Quartz Creek (QC)
The QC corridor alternative maximizes the use of existing transmission line right-of-way
through federal, state and local management areas. As noted in Appendix A, the QC
corridor would require a variety of federal, state-and local permits prior to construction
and operation of the proposed project. This corridor is the only alternative under
consideration that crosses National Forest land and would be subject to the applicable
Special Use Permits.
There are three-options-in the-vicinity of Turnagain Arm (refer to Alternative Corridor
Map, page 11). They are Alternative Routes QC.D-I.10, QC.D.1.A, and QC.D.1.B. All
three options would require similar permitting considerations, however, the potential for
the placement of dredge and fill material is potentially higher with the two marine
crossing options. In addition, a Section 10 Permit would be required for the placement of
structures within Turnagain Arm. This route will also require coordination and review
with the Chugach State Park Board of Directors, the National Park Service regarding
Land & Water Conservation Fund (LWCF) lands, the ADOT/PF when crossing roads or
potentially sharing right-of-way, and the USFWS regarding right-of-way permits on the
Kenai National Wildlife Refuge, specifically, Title 11 of the Alaska National Interest
Lands Conservation Act (ANILCA) as it pertains to conservation units.
Enstar (EN)
The majority of the land portion of the EN alternative corridor is within the Kenai
National Wildlife Refuge and would require compliance with Title 11 and 22g of
ANILCA and considerable consultation with the USFWS for final approval. Title 22g
regulates use on private in holdings within the Refuge, specifically regarding the
reallocation of lands for specific uses (i.e., transmission line corridors vs. wildlife
habitat). Title 11 pertains to transportation or utility system within or crossing
conservation easements. In addition, local permits would be required within the Soldotna
and MOA areas. This corridor also potentially affects three important wildlife habitat
areas (Anchorage Coastal Wildlife Refuge, Potter Marsh and Chickaloon Bay) at the
marine crossing. This crossing would require considerable consultation with the
ADF&G, USFWS and USAED. The National Park Service would administer the LWCF
process if State Park Lands along the Kenai River would be crossed.
Tesoro (TE)
The Tesoro alternative corridor would specifically require a Notice of Proposed
Construction or Alteration to the FAA. This is primarily due to the location of aviation
navigation equipment on Fire Island and its relative close proximity to the Anchorage
International Airport. In addition, the LWCF requires the approval of the National Park
Service for the construction of utilities within State Park Lands. This regulation also
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prohibits the construction of overhead transmission lines within State Park Lands funded
through LWCF appropriations. The BLM would oversee any permitting issues that
would occur on native allotments potentially crossed near Point Possession. Compliance
with Title 11 of ANILCA could be required if the route crosses the refuge at either
Captain Cook SRA or Point Possession. :
Klatt Corridor
This corridor presents two alternative routes that deviate from either the Tesoro Corridor
or the Enstar Corridor. Both would make-a landfall near Klatt Road in Anchorage. On
the Alternative Corridor Map, the Klatt alternatives are designed as AN.70 and AN.80.
No additional permitting would be required beyond that identified for the other three
corridors.
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PRIVATE LAND EASEMENT ACQUISITION
All proposed corridors contain private lands from which transmission line easements
and/or access easements would be required. The Land Jurisdiction/Ownership map
provides a visual display of the extent of private lands affected by the study corridors. In
addition, Table 1 shows the lineal distance of private lands crossed by each corridor
segment. Note that a corridor reference line is shown in the center of each corridor. For
purposes of this report, the reference line has been used to quantify the amount of private
land crossed by that corridor or corridor sub-link. Upon further study and impact
analysis, a final route may be chosen within the corridor that differs greatly from the
present reference line. Therefore, the right-of-way acquisition requirements could vary
greatly from one side of the corridor to the other.
Many distribution lines exist by permit or easement rights that would not provide for the
addition of transmission facilities, without getting further permission from the affected
property owners or Agencies..
Additional property would have to be acquired to allow for expansion of the University
Substation. Lands would also have to be acquired to accommodate submarine cable
terminal facilities. It is recommended that additional examination of ownership be
conducted during the next phase of this project for lands surrounding International
Substation, Bernice Lake Substation, and Soldotna Substation. However, it appears from
discussions with respective utility personnel that these facilities have sufficient utility-
owned land for expansion purposes.
An examination of the land ownership at substations and submarine cable landfall
locations reveals the following:
e University Substation Large acreages immediately to the east of the
; substation are owned by the State of Alaska and
the Municipality of Anchorage.
e International Substation These lands are owned by CEA.
e Bernice Lake Substation These lands are owned by Homer Electric
Association, Inc.
e Soldotna Substation Adjacent lands appear to owned by Homer
Electric; however, this needs verification.
e Fire Island landfall Fire Island is owned by the Cook Inlet Regional
Corporation (CERI), an Alaska Native
Corporation.
e Point Campbell landfall These lands are owned by the Municipality of
Anchorage.
e Point Woronzof landfall These lands are owned by the Municipality of
Anchorage and by the Anchorage International
Airport.
e Point Possession landfall These lands are owned by the Point Possession
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Native Group, an Alaska Native Corporation.
There are also certified native allotments in this
area.
e Potter Marsh landfall These lands are owned by the State Department
of Natural Resources, Division of Parks and
Recreation. Also, very close to landfall are
lands owned by the Alaska Railroad
Corporation.
e Kenai Peninsula landfall These lands are owned by the U.S. Fish and
for the Enstar Route Wildlife Service, Kenai National Wildlife
Refuge.
e Bird Point Crossing These lands are owned by the Department of
- North side Natural Resources and the Alaska Railroad.
There are also State mining claims in this area
e Bird Point Crossing Lands on the east side of Six Mile Creek are
- South side owned by the U.S. Forest Service, Chugach
National Forest. Lands in the area are also in
the Sunrise Subdivision. Note that a cemetery
is also in the area. Lands on the southwest side
of Six Mile Creek are owned by Chugach
National Forest and by the Alaska Department
of Transportation.
Subsequent to earlier efforts to identify private lands within the Base Routes and their
alternatives, additional research has been conducted to better understand the extent of
unpatented mining claims within the study corridors. Within the Tesoro and Enstar Base
Routes and their alternatives there are no mineral claims, except on the north side of the
Bird Point landfall, where there are State mining claims. Unpatented claims are
interspersed throughout the Quartz Creek Base Route. It is estimated that 1-2% of the
lands along this route may contain unpatented mining claims. It is estimated that the
impact upon the right of way budget to appropriately deal with these mineral interests
would range from $10,000 - $20,000.
Refinements of private land ownership information, such as developing ownership lists
and determining mineral rights holders, would be conducted in a subsequent project
phase.
Easement acquisition would not commence until a route has been authorized and the
appropriate centerline surveys completed. Specific procedures for right-of-way easement
acquisition would be developed prior to beginning acquisition activities. However, to
serve as a suggested approach, a sample right-of-way Procedures Manual is included
with this report as Appendix C. Project-specific procedures will be developed at the
appropriate time. Also, legal documents to be used for Project easement acquisition will
have to be developed. “For the purpose of this study, it has been assumed that Chugach
will take the easements and maintain the associated records.”
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The following table (Table 1) summarizes the land ownership status of each corridor link
and shows total miles of private land within each of the three primary corridors: Tesoro,
Enstar and Quartz Creek. Note that miles of private land are totaled for the core route
only within each corridor. Numerous alternative sub-routes are possible in the vicinity of
Anchorage, Captain Cook State Park, Soldotna, and for the submarine cable crossings
and Bird Point area. This data has been obtained via an examination of federal, state,
borough, and municipality land status mapping to determine the gross land ownership
status of the project study area. In some cases, the data is incomplete. However, there is
reason to believe the lands are privately owned. In those instances, a title search would
have to be conducted to verify ownership. Upon final route approval, a detailed title
search will be conducted to determine parcel-by-parcel ownership of the project
centerline.
The time periods included in this report are based on estimates provided by federal, state,
and local agency representatives contacted during the preparation of the report. The time
frames are intended to provide the reader with an estimate of the time required to
complete the various permits, provided all the requested information is included int he
permit applications.
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TABLE 1
CORRIDOR LANDOWNER STATUS
TESORO ALTERNATIVE ROUTE
OWNERSHIP SUMMARY LINK CODE TOTAL OWNERSHIP PRIVATE LOCATION LENGTH (MI) LAND (MI)
TE.A.10 Syl STATE Submarine Pt.
Woronzof - Fire mew e | Bae t
TE.E.50 9.1 STATE - Submarine Fire
Island - Pt.
TE.G.H.80 Private, NATIVE, 5.2 | Tesoro Pipeline aio Ee A
4.0] Private, Borough, 0.8
TE.1.115 3.9] Private, Borough, 1.0 | Tesoro Pipeline
TE.J.K.120 3.4| Private, STATE 1.8 | Tesoro Pipeline
TE.J-K.130 2 Private 12 a
Submarine Alternatives
Woronzof - Fire
5.6 STATE
Island
3.9] Private, Municipal | not established | Anchorage/
AAT Kincaid Park
32 STATE Submarine Pt.
Campbell - Fire
Island
9.4 STATE Submarine Pt.
Campbell -
Possession Pt.
SES) STATE Submarine Pt.
Campbell -
Possession Pt.
27.6
Submarine Pt.
HLY 24-057 (06/96) Final 120293-01/ab 18
TABLE 1 (CONTINUED)
CORRIDOR LANDOWNER STATUS
Captain Cook Alternatives ]
3.8 | Near Tesoro
Pipeline
TE.G.H.90
TE.I.100
TE.K.140
Private, STATE,
Native
TE.K.150
TE.K.160
TE.K.170
Total
HLY 24-057 (06/96) Final 120293-01/ab 19
TABLE 1 (CONTINUED)
CORRIDOR LANDOWNER STATUS
ENSTAR ALTERNATIVE ROUTE
OWNERSHIP SUMMARY
LINK CODE TOTAL OWNERSHIP PRIVATE LOCATION
LENGTH (MI.) LAND (ML)
EN.A.20 3.8 Private 3.8 | Alaska Railroad
EN.A.50 3.2 Private 3.2 | Alaska Railroad
EN.A.60 0.4 Private 0.4 | Alaska Railroad
EN.B.20 2.3| Private, STATE 2.0 | Alaska Railroad
EN.C.10 7.8 STATE - Submarine Potter -
Burnt Island
EN.D.E.20 38.5 FEDERAL, - ENSTAR Pipeline
Borough
QC.M.1.20 10.2] Private, Borough, 6.9 | Pipeline
STATE
QC.M.1.30 5.9 Private, Native 0.6 | Transmission Line
QC.M.1.50 Private, Native Road,
Total
EN.A.30
QC.M.1.10
ees ieeeeereerres QC.M.1.40 5.0
Total 19.3
EN.A.10 5.3
Transmission Line
Priate, Native,
Borough
19.1
Soldotna Area Alternatives
6.2
0.4
Private, Native
Transmission Line
Private
Private
10.2
bn Anchorage Area Alternatives
5.3
International &
New Seward
Highway
O’Malley
Private New Seward
Highway
Private 2.8 | Old Seward
Highway
11.1
HLY 24-057 (06/96) Final 120293-01/ab 20
TABLE 1 (CONTINUED)
CORRIDOR LANDOWNER STATUS
OWNERSHIP SUMMARY
LINK CODE TOTAL OWNERSHIP PRIVATE LENGTH (ML.) LAND (ML)
QC.C.D-1.10 38.7] Private, STATE, 23
aL
QC.M.1.20 10.2] Private, aan
STATE ERT
QC.M.1.50 47 Private, Native
EXISTING QUARTZ CREEK TRANSMISSION LINE
LOCATION
Tudor/Existing
Quartz Creek
Transmission Line
Quartz Creek
Pipeline
| ———_—0.6 | Transmission Line
Transmission Line
Total 139.1 28.1
Bird Point Alternative
QC.D.1.A,B 4.2 STATE,
FEDERAL
QC.D.2.10 9.6 Fe
13.8 | Total
Aerial and
Submarine Bird Pt.
- Snipers Pt.
Distribution Line
HLY 24-057 (06/96) Final 120293-01/ab 21
TABLE 1 (CONTINUED)
CORRIDOR LANDOWNER STATUS
ANCHORAGE AREA
OWNERSHIP SUMMARY
LINK CODE TOTAL OWNERSHIP PRIVATE LOCATION LENGTH (ML) LAND (ML)
ania AN.20 iin Private 0.8 | Section Line
[3 Private 0.9 | New Corridor CNMI MMM 40 Private 0.5 | New Seward
Highway
Private 1.0 | O’Malley Rd.
Private 0.8 | Old Seward
Highway
STATE 11.1 | Submarine
crossing to Pt.
Possession
3 STATE, .3 | Submarine
FEDERAL crossing to
ENSTAR Corridor
0.5
1.0
11.1
ni
HLY 24-057 (06/96) Final 120293-01/ab 22
APPENDIX A
CORRIDOR-SPECIFIC
ENVIRONMENTAL PERMITS AND
AUTHORIZATIONS
HLY 24-057 (06/96) Final 120293-01 /ab
Action Requiring Permit
CORRIDOR SPECIFIC ENVIRONMENTAL PERMITS AND AUTHORIZATIONS
Permit Approval or
TABLE 1
Estimated
Permitting/
Authorization
|_| Submarine Permit required for discharge of wastewater from a
Crossing & point source into federal- and state-owned waters.
Substation The permit is also required for storm water runoff.
Facilities A Storm Water Pollution Prevention Plan is
required for construction activities in order to be
covered under the EPA’s General Permit for storm
water discharges.
Environmental
Protection Agency
National Pollutant
Discharge Elimination
(NPDES) Permit for Storm
Water Discharges
Federal Water Pollution
Control Act, 40 CFR
125
All alternative corridors
under consideration
Applies specifically to
substation/
switching stations
Issue Approval or Review Agencies Review Relevant Legislation Corridor Affected Comment Time Period Contact
Federal
Wetlands/ A Section 404 Permit is required when wetlands are U.S. Army Engineer Section 404 Permit Clean Water Act, 33 All alternative corridors | The ENSTAR Route 90 - 120 days Georgina Akers, Unit Waterways affected by the discharge of dredge or fill material, District, Alaska USC 1344, Section 404 | under consideration initially appears to cross Coordinator
or transmission line construction activities. more wetlands than other USAEDA Regulatory Branch
routes PO Box 898
Anchorage, AK 99506-0899
(907)753-2724
Wetlands/ A Section 10 Permit is required for the construction | U.S. Army Engineer Section 10 Rivers and Harbor Act, All submarine crossings 90 - 120 days Georgina Akers, Unit
Waterways or placement of any structures in or above navigable | District, Alaska 33 USC 403, Section and the aerial crossing Coordinator
waters of the United States. 10 at Bird Point USAEDA Regulatory Branch
PO Box 898
Anchorage, AK 99506-0899
(907)753-2724
Agency review of Jackie Poston, Environmental
Submarine
Crossing &
Substation
Facilities
Plans are required for oil storage facilities storing in
excess of 660 gallons in a single container above
ground; in excess of 1,320 gallons in aggregate in
tanks above ground; or in excess of 42,000 gallons
below ground.
Environmental
Protection Agency
Spill Prevention Control
and Countermeasure Plans
Cultural
Resources
The Advisory Council on Historic Preservation
protects properties of historical, architectural,
archaeological, and cultural significance at the
national, state and local level by reviewing and
commenting on Federal actions affecting National
Register and eligible properties.
A Section 7 consultation is required to assure
protection of endangered or threatened species and
wildlife.
Sensitive Plant
and/or Wildlife
Species
Federal Water Pollution
Control Act, 40 CFR
112
All alternative corridors
under consideration
Advisory Council on
Historic Preservation
Concurrence that proposed
actions do not adversely
impact National Register
and eligible properties
U.S. Fish and
Wildlife Service
Section 7 consultation (in
conjunction with Section
404 or 10 Permitting)
National Historic
Preservation Act,
Section 106
Fish and Wildlife
Protection Act, Section
7
All alternative corridors
under consideration
All alternative corridors
under consideration
Applies specifically to
cooling fluid reservoirs for
submarine cable crossing.
This permit could
General Permit Engineer
applicability is 30 - U.S. Environ. Protection Agency
60 days Alaska Operations Office
222 W 7th Ave #19
Anchorage, AK 99513-7588
(907) 271-3541
30 - 90 days Matt Carr, Environmental
Protection Specialist
U.S. Environ. Protection Agency
Alaska Operations Office
potentially be avoided by 222 W 7th Ave #19
placing the storage tanks Anchorage, AK 99513-7588
underground. (907) 271-3616
Potential to identify sites is
equal among all alternatives
No threatened and
endangered species have
been identified within the
study area.
In conjunction with
Section 404 or 10
Permitting - up to
120 days
Judith Bittner, State Historic
Preservation Officer
DNR/SHPO
3601 C Street, Suite 1278
Anchorage, AK 99510-7001
(907) 269-8715
In conjunction with
Section 404 or 10
Permitting - up to
120 days
Anne Rappaport, Field
Supervisor
USFWS Ecological Services
605 W 4th Ave, Rm 62
Anchorage, AK 99501
(907) 271-2787
|__|
Right-of-Way
Right-of-Way
Non-recreation use in a Land & Water Conservation
Funded (LWCF) recreation area requires
“Conversion of Use” approval. Nonprohibited
conversions of use are approved by the National
Park Service and the Department of the Interior.
Right-of-Way Grant and temporary Use Permit
would be required for obtaining right-of-way on
BLM.-, BIA-, and ANCSA-selected lands.
i
& DNR Parks &
(administers State
side of LWCF for
non-Federal land
managed to
acquire/develop
public outdoor
recreation areas)
Bureau of Land
Management on
Indian Affairs
National Park Service
Outdoor Recreation
behalf of Bureau of
Land & Water
Conservation Fund Act
P.L. 88-578, Section
6(3)
Tesoro Route and
potentially the existing
Quartz Creek Route
“Conversion of Use”
approval
Grant Right-of-Way and
Temporary Use Permit
Federal Land Policy Tesoro Route
and Management Act of
1976
(P.L. 94-579)
USC 1761-1771 and
43 CFR 2800
Applies to Captain Cook
State Park. Regulations
prohibit overhead power
lines in LWCF areas; buried
power lines are permitted.
Grant Right-of-Way would
require concurrence by
ANCSA allottee
Approximately 6 - 8
weeks
TABLE 1
CORRIDOR SPECIFIC ENVIRONMENTAL PERMITS AND AUTHORIZATIONS
Estimated
Permitting/
Action Requiring Permit Permit Approval or Authorization
Issue Approval or Review Agencies Review Relevant Legislation Corridor Affected Comment Time Period Contact
Aviation A notice to the FAA, for the review and approval, Federal Aviation Notice of Proposed FAR Part 77 Potentially the Tesoro A hazard determination will 90 days minimum Jack Schommer, Air Space &
will be required to address concerns and effects of Administration Construction or Alteration Route pending require public review of the Procedures
the proposed project on the safe and efficient use of and a Hazard identification of exact proposed project Air Traffic Division AAL 532 navigable air space. Determination (Form transmission line 222 W. 7th Ave, Box 14 7460-1) location Anchorage, AK 99513
t— (907) 271-5903
Right-of-Way Right-of-Way Permit would be required for USS. Fish and Right-of Way Permit 50 CFR 25, 26, 29, & All with the possible The Tesoro Route may Approximately two Lucy Blix, Realty Specialist obtaining right-of-way within a National Wildlife Wildlife Service 36 exception of the Tesoro | avoid USFWS lands if the years USFWS Div. of Realty
Refuge. Route final route goes through the 1011 E Tudor Rd
Captain Cook State Anchorage, AK 99503
Recreation Area (907) 786-3566
Right-of-Way Right-of-way permit would be required for U.S. Fish and Right-of-Way Permit Title 11 of ANILCA All with possible Two years Sharon Janis
obtaining right-of-way within a conservation unit. Wildlife Service exception of Tesoro Chief, Division of Realty
Route USFWS
1011 E. Tudor Road
Anchorage, AK 99503 (907) 786-3490
Right-of-Way Special Use Permit would be required for obtaining Chugach National Special Use Permit for use | 36 CFR 251 Existing Quartz Creek Approximately 4 Leo Keeler, Realty Specialist right-of-way on National Forest land. Forest of Forest Lands Transmission Line and weeks USFS
Bird Point alternative following Chugach National Forest,
completion of Supervisor’s Office
NEPA analysis 3301 “C” Street, Suite 300
Anchorage, AK 99503-3998
(907) 271-2547
Joy Bryan-Dolsby, Grant
Administrator
DNR/Parks & Outdoor
Recreation
3601 “C” Street, Suite 1200
Anchorage, AK 99503-5921
(90) 269-8692
Approximately 4 - 6
weeks
Robert Rinehart, Realty
Specialist
BLM Division of Lands
Anchorage District Office (041)
6881 Abbott Loop Rd
Anchorage, AK 99507
907) 267-1213
Action Requiring Permit
CORRIDOR SPECIFIC ENVIRONMENTAL PERMITS AND AUTHORIZATIONS
Permit Approval or
TABLE 1
Estimated
Permitting/
Authorization
Right-of-Way
A Land Use Permit is required for use of state lands
along the proposed right-of-way. A right-of-way
permit is required for construction of transmission
lines or other improvements that cross state lands.
Department of
Natural Resources,
Division of Lands
Land Use Permit, Tideland
Use or Lease, Right-of-
Way
AS 38.05, 11 AAC 58,
62, 96
All alternative corridors
under consideration
50 day consistency
review and up to 6
to 9 months for Title
38 review
Issue Approval or Review Agencies Review Relevant Legislation Corridor Affected Comment Time Period Contact
State of Alaska
Wetlands/ Permitting of projects requiring more than one State | Division of Coastal Consistency Alaska Coastal Zone All alternative corridors Approximately 50 Faye Heitz, Project Review
Waterways agency permit or Federal permit (requiring State Governmental Review/Determination Management Act: AS under consideration days Coordinator
concurrence) must be coordinated by DGC for the Coordination 46, 6 AAC 50 Office of Management and
State’s review. Budget
Division of Governmental
Coordination
3601 “C” Street, Suite 370
Anchorage, AK 99503-5930
(907) 269-7470
Wetlands/ ADEC must issue a 401 Certificate to accompany Department of Certificate of Reasonable Clean Water Act, 13 All - It is assumed 401 Approximately 50 Tim Rumfelt, Environmental
Waterways any Federal permit issued under the Federal Clean Environmental Assurance (401) USC 1344, 18 AAC 15. | certification would be days Specialist
Water Act. For example, a U.S. Army Corps of Conservation complete pending DEC/Southcentral Regional
Engineers Section 404 Permit would trigger the issuance of a Section Office
need for a State certificate. 404 Permit 555 Cordova Street
Anchorage, AK 99501
907) 269-7500
Cultural In accordance with information provided by the Department of Section 106: Concurrence | National Historic All alternative corridors Approximately 50 Judith Bittner, State Historic
Resources Advisory Council on Historic Preservation, SHPO Natural Resources, with the Advisory Council | Preservation Act, under consideration days Preservation Officer
will provide a determination regarding a project's State Historic on Historic Preservation Section 106; DNR/SHPO
potential impacts on known cultural resources. Preservation Office Alaska Historic 3601 C Street, Suite 1278
Preservation Act, Anchorage, AK 99510-7001
AS 41.35.010-240 (907) 269-8715
State Parks A Special Use Permit is required for Park lands Department of Parks Special Use Permit AS 41.20, 11 AAC 12 All alternative corridors | Applies to Captain Cook, Approximately 50 Chris Degernes, Kenai Area
along the Right-of-Way. Natural Resources, under consideration Chugach, Kenai River, and days Superintendent
Division of Parks Potter’s Marsh State Parks. DNR/Parks & Outdoor
Quartz Creek Corridor Recreation
would require review by the Frontier Building
Chugach State Park Board 3601 “C” Street, Suite 1200
of Supervisors. Anchorage, AK 99503-5921 (907) 269-8700
Alice Iliff, Natural Resource
Officer
Regional Office, DNR/Land
Frontier Building
Southcentral District Office
3601 “C” Street, Suite 1080
Anchorage, AK 99503-5937
907) 269-8549
TABLE 1
CORRIDOR SPECIFIC ENVIRONMENTAL PERMITS AND AUTHORIZATIONS
Action Requiring Permit Permit Approval or
Estimated
Permitting/
Authorization
Issue Approval or Review Agencies Review Relevant Legislation Corridor Affected Comment Time Period Contact
Existing Approval is required before construction on Department of Utility Permit on State AS 19.25, 17 AAC 15 ENSTAR and Quartz Potentially more 6 weeks Rick Pettit, Utility Permit Facilities ADOT/PF managed state lands or for structures Transportation and Right-of-Way Creek involvement along Quartz Officer crossing ADOT/PF right-of-ways. Public Facilities Creek Corridor DOT&PF Design &
Construction
4111 Aviation Dr.
Anchorage, AK 99502
(907) 266-1541
Construction ADEC must authorize plans and specifications for Department of Air Quality Permit Clean Air Act, 40 CFR All alternative corridors Approximately 50 Bill MacClarence construction that would be undertaken and must Environmental 60, AS 46.03 and 18 under consideration days DEC/Southcentral Regional
assess emission standards and possible air Conservation AAC 50 Office
contamination resulting from that construction. 555 Cordova Street
Road dust, wind-blown contaminants, emissions Anchorage, AK 99501
from generators could cause this permit to be (907) 269-7500
required.
Construction Control of road dust. To control and legalize Department of Surface Oiling Permit AS 46.03, 18 AAC 75 All alternative corridors | Applies to access roads 30 - 50 days DEC/Southcentral Regional surface oiling in order to prevent water pollution. Environmental under consideration Office
Conservation 555 Cordova Street
Anchorage, AK 99501 (907) 269-7500
Construction A General Waterway/Waterbody Application must Department of Fish & | Fish Habitat Permit AS 16.05.840, AS All alternative corridors | Construction access Approximately 50 Don McKay be submitted to ADF&G if heavy equipment usage Game 16.05.870, and 5 AAC under consideration days ADF&G/Habitat and Restoration or construction activities disturb the natural flow or 95 Division bed of any stream, river, or lake. These permits also 333 Raspberry Road stipulate how stream water withdrawals may be Anchorage, AK 9958-1599 conducted. (907) 267-2284
Sensitive Plant | A Special Areas Permit Application must be Department of Fish & | Special Areas Permit AS 16.20 and 5 AAC Potentially the Tesoro Applies to the Anchorage Approximately 50 Don McKay and/or Wildlife | submitted for activities conducted in legislatively- Game 95 and ENSTAR Routes Coastal Wildlife Refuge days ADF&G/Habitat and Restoration
Species designated State game refuges, critical habitat areas, Division
and State game sanctuaries. 333 Raspberry Road
Anchorage, AK 9958-1599 Ee (907) 267-2284
Construction ADNR must approve any plan to burn materials Department of Burn Permit AS 41.15, 11 AAC 92 All alternative corridors | Applies to potential burning | Approximately 10 John McClair, Fire Management during fire season. The permit is issued by the State | Natural Resources, under consideration of slash in cleared right-of- days Officer
Forester or local rangers after review of burn plan. Division of Forestry way DNR/Forestry
Kenai-Kodiak Area Office
HC 1 Box 107
Soldotna AK 99669
(907) 262-7559
Action Requiring Permit
CORRIDOR SPECIFIC ENVIRONMENTAL PERMITS AND AUTHORIZATIONS
Permit Approval or
TABLE 1
Estimated
Permitting/
Authorization
404 Permits and platting requirements for right-of-
way easements.
| Right-of-Way
The Kenai Peninsula Borough will require
Conditional Use Permits, concurrence with Section
404 Permits and platting requirements for right-of-
way easements.
Zoning Changes
Planning Department Right-of-Way
Platting
Conditional Use Permit
Kenai Peninsula Borough
AS 29
All alternative corridors
under consideration
All alternative corridors
determined once more
specific routing alternatives
have been identified
maximum
Land Use Permit -
one month
maximum
Issue Approval or Review Agencies Review Relevant Legislation Corridor Affected Comment Time Period Contact
Construction This permit is required if water withdrawals will Department of Water Rights or AS 46.15, 11 AAC 93 All alternative corridors | Applies during construction | Temporary Water Kellie Litzen
occur during construction. The permit lasts for the | Natural Resources, Temporary Water Use under consideration Use - 50 days, DNR/Water
length of a temporary project. Division of Mining Water Rights - upto | 3601 “C” Street, Suite 822
and Water one year Anchorage, AK 99503
(907) 269-8642
Right-of-Way Approval would be required to locate a transmission | Alaska Railroad Leasing of ARRC lands, 45 USC Sec. 1201 et All alternative corridors Approximately 30 - Mike Fretwell, Land Use
line within, cross, or parallel a railroad Right-of- Corporation Alaska Railroad Permit seq., AS 42.40 under consideration 60 days Coordinator
Way and Construction 43 USC 975 Alaska Railroad Corporation
327 W. Ship Creek Ave
Anchorage, AK 99501
907) 265-2465
Right-of-Way Approval would be required to locate a transmission | Cook Inlet Region, Leasing of Right-of-Way Not applicable Tesoro Corridor Approximately 60 - Mike Franger, Land Manager
line across Cook Inlet Region, Inc. lands Inc. 90 days Cook Inlet Region, Inc.
2525 C Street, Suite 500
Anchorage, AK 99509
(907) 274-8638
Municipality of Anchorage
Right-of-Way The Municipality of Anchorage will require Planning Department | Land Use Permit AS 29 Specific permitting Conditional Use Thede Tobish
Conditional Use Permits, concurrence with Section Conditional Use Permit under consideration requirements will be Permit - 90 days Municipality of Anchorage
Department of Community
Planning & Development
PO Box 196650
Anchorage, AK 99519-6650
(907) 343-4261
Specific permitting
requirements will be
determined once more
specific routing alternatives
have been identified
Platting - 60 day
minimum, 90 day
maximum
Permitting Right-of-
Way - 30 day
maximum
Conditional Use
Permit - 45 day
smaximum
Harriet Wegner, Environmental
Planner
Kenai Peninsula Borough
144 N. Binkley Street
Soldotna, AK 99669
(907) 262-4441 X298
TABLE 1
CORRIDOR SPECIFIC ENVIRONMENTAL PERMITS AND AUTHORIZATIONS
Estimated
Permitting/ Action Requiring Permit Permit Approval or Authorization Approval or Review Agencies Review Relevant Legislation Corridor Affected Comment Time Period Contact
Other
Right-of-Way Approval would be required to locate a transmission | Alaska Railroad Leasing of ARRC lands, 45 USC Sec. 1201 et All alternative corridors Approximately 10 Mike Fretwell, Land Use line within, cross, or parallel a railroad Right-of- Corporation Alaska Railroad Permit seq., AS 42.40 under consideration days Coordinator Way and Construction 43 USC 975 Alaska Railroad Corporation
327 W. Ship Creek Ave
Anchorage, AK 99501
(907) 265-2465
Right-of-Way Approval would be required to locate a transmission | Cook Inlet Region, Leasing of Right-of-Way Not applicable Tesoro Corridor Approximately 60 - Mike Franger, Land Manager line across Cook Inlet Region, Inc. lands Inc. 90 days Cook Inlet Region, Inc.
2525 C Street, Suite 500
Anchorage, AK 99509
907) 274-8638
APPENDIX B
LIST OF ACRONYMS
HLY 24-057 (06/96) Final 120293-01 /ab
ACMP
ADEC
ADF&G
ADNR
ADOT/PF
ANCSA
ANILCA
BLM
CEQ
DGC
DOL
EA
EIS
EPA
FAA
FEMA
FERC
FPC
LWCF
MOA
NEPA
NPDES
RUS
SHPO
SPCC
USAED
USFS
USFWS
LIST OF ACRONYMS
Alaska Coastal Zone Management Program
Alaska Department of Environmental Conservation
Alaska Department of Fish and Game
Alaska Department of Natural Resources
Alaska Department of Transportation/Public Facilities
Alaska Native Claims Settlement Act
Alaska National Interest Lands Claims Act
Bureau of Land Management
Council on Environmental Quality
Division of Governmental Coordination
Division of Land
Environmental Assessment
Environmental Impact Statement
Environmental Protection Agency
Federal Aviation Administration
Federal Emergency Management Agency
Federal Energy Regulatory Commission
Federal Power Commission
Land Water Conservation Fund
Municipality of Anchorage
National Environmental Policy Act
National Pollutant Discharge Elimination System
Rural Utilities Service
State Historic Preservation Office
Spill Prevention, Control and Countermeasure
U.S. Army Engineering District
U.S. Forest Service
U.S. Fish and Wildlife Service
HLY 24-057 (06/96) Final 120293-01/ab
APPENDIX C
RIGHT-OF-WAY PROCEDURES
MANUAL
*SAMPLE*
RIGHT-OF-WAY
PROCEDURES MANUAL
INTRODUCTION
There are as many right-of-way acquisition policies and procedures as there are
organizations that require right-of-way services. As a member of POWER’s Public
Utility Department (CLIENT) right-of-way staff, you are an extension of (Client’s)
Right-of Way Department. Therefore, the right-of-way procedures you use are those of
the CLIENT. In developing a successful right-of-way program, the CLIENT is
committed to effective and productive communications with landowners. It has been our
experience in the past that no system better represents the utility and landowner’s interest
as well as the individual face-to-face approach.
After each landowner is contacted, he or she will be have details -- how much the
transmission line will affect their property and land uses. It is the CLIENT’s intent to
compensate landowners fairly and equitably with easement payments and to
expeditiously investigate damage claims and ensure fair settlements.
Frequent and open communications are essential for effective right-of-way services. This
means being open and fair to landowners and to your co-workers. POWER expects the
right-of-way staff to share information, including the day-to-day “war stories” that can be
invaluable in your landowner relations. Keep in mind that there is nothing to be gained
and a great deal to lose by holding your cards too close to your chest.
HLY 24-051 (06/96) Final 120293-01/ab 1
PERSONAL AFFAIRS
First and foremost, POWER is concerned for the well-being of our employees. We hope
that you will be open and honest with any concerns that you may have regarding
POWER policies, your working environment, or other POWER employees or
subcontractors. In addition, should there be some element of your personal life for which
you feel POWER may provide some assistance, feel free to discuss your options with
(POWER).
As employees of POWER and agents of the CLIENT, your conduct should be beyond
reproach. Any misconduct on your part is damaging to you, POWER, and the CLIENT.
Your personal business conduct in some instances becomes company business. For
instance, irresponsibility in financial matters or behavior unbecoming a professional soon
become common knowledge in a small town. Your life is your own, unless your actions
jeopardize the CLIENT’s reputation and POWER is forced to become involved.
The use of alcoholic beverages during working hours or illegal drug use at any time is
strictly prohibited and is grounds for immediate dismissal.
A number of employees have their families accompany them on assignment. POWER
has no objection to this whatsoever; however, we do insist that no member of the family
accompany an agent to the field to negotiate with the landowner.
It goes without saying that first impressions are important. Develop a habit of dressing
and presenting yourself appropriately for the occasion.
HLY 24-051 (06/96) Final 120293-01/ab 2
1.0 INTRODUCTION
1.0 Introduction
The following procedures are established to provide the right-of-way staff with guidance
and task control for all aspects of right-of-way services during pre-construction,
construction, post-construction, and record closing phases for the CLIENT’s projects.
This portion of the Procedures Manual describes procedures for completing time cards
and expense reports, equipment and supplies inventory and accounting, and internal
control and reporting of personnel hours worked, project expense, and schedule.
1.1 Project Numbers
Time Card and Expense Report project number entries will use the following numbers.
Personnel will use the task/subtask number that most closely matches the activity
conducted for a particular day or portion thereof. Time cards should reflect full hour
increments only.
Project Number :
TASK ___ RIGHT-OF-WAY ACQUISITION
24.0_.01 Title Search
24.0_.02 Property Appraisals
24.0_.03 Right-of-Entry Permits
24.0_.04 Public Meetings
24.0_.05 Prepare Easements
24.0_.06 Procure Easements
24.0_.07 Support Condemnation Efforts
24.0_.08 Participate in Condemnation
24.0_.09 Management and Administration Activities
24.0_.10 Support Condemnation Appeals
24.0_.11 Participate in Appeal Hearings
24.0_.12 Construction Support
24.0_.13 Settle Damage Claims
24.0_.14 Procure Permits
24.0_.15 Permit Data
24.0_.16 Fee Purchases
24.0_.17 Legislative Liaison
24.0_.18 Field Office Expense
HLY 24-051 (06/96) Final 120293-01/ab 3
2.0 _ORGANIZATION
2.1 Project Personnel Organization
The Project Personnel Organization Diagram, Figure 2.1, is included in this section. It
indicates the key personnel and their organizational relationships. Figure 2.2 lists key
personnel locations, telephone numbers, and addresses.
The CLIENT has contracted POWER to perform as their agents for environmental
studies, public involvement, right-of-way acquisition, preliminary and detail design and
engineering, surveying, and construction management. Except for questions regarding
CLIENT policy, we are hired to be the day-to-day problem-solvers. POWER’s Project
Right-of-Way Manager, and the Project Right-of-Way Services
Supervisor, should be consulted regarding questions that may require
consultation with the CLIENT’s Right-of-Way Manager, . The primary
interface with the Manager will be Frank, and secondarily (the Project Right-of-Way
Services Supervisor). Right-of-Way Agents should not contact the Manager directly,
except in cases of emergency when neither nor (the Project Right-
of-Way Services Supervisor) can be reached. Keep in mind that this chain of command is
designed to place the process of problem solving upon POWER’s shoulders by
encouraging our staff to communicate with each another, and to keep
and (the Project Right-of-Way Services Supervisor) apprised of
on-going conditions of each of your files, as well as any issues or concerns relative to
your work.
22 Communications
The Project Personnel Organization Diagram (Fig. 2.1) indicates the line of
communication for the project. Any contact by Right-of-Way Agents with the CLIENT
personnel should first be cleared through and (the Project Right-of-Way Services
Supervisor) or . In addition, there will be communications with
outside agencies and other third parties. When POWER personnel are involved in those
communications, they will prepare documentation consisting of memoranda, as described
in this section, and make entries in the landowner or permit Contact Diary which is
described in other sections. Communications shall be documented according to the
judgment of the involved individuals; however, all landowner and agency
communications or attempted communications will be documented in the case file
Contact Diary (Figure 2.3). Conversations recorded on the Contact Diary Form that
affect or may have influence on the engineering or construction of the transmission line
shall be distributed to (the CLIENT’s Right-of-Way Manager, and the Project Manager).
HLY 24-051 (06/96) Final 120293-01/ab 4
(Insert Figure 2.1-Organization Diagram)
HLY 24-051 (06/96) Final 120293-01/ab 5
Figure 2.2 — Key Personnel Listing
PROJECT
POWER Engineers, Inc., Hailey, Idaho
3940 Glenbrook Drive
P.O. Box 1066 Hailey, ID 83333
Main Switchboard 208/788-3456
Project Permitting & Right-of-Way Manager
208/788-0437
FAX 208/788-3017
HLY 24-051 (06/96) Final 120293-01/ab 6
2.2.1 Telephone Memoranda
Memoranda of telephone conversations shall be prepared by POWER on the standard
form (Figure 2.3) for field office retention as follows:
e Original is retained in POWER’s applicable field office landowner or permit case
file for transmittal to CLIENT at completion of the Project.
HLY 24-051 (06/96) Final 120293-01/ab 7
(Insert Figure 2.3 — sample telephone record sheet)
HLY 24-051 (06/96) Final 120293-01/ab 8
797) Memorandum of Conferences and Meetings
POWER shall prepare a “Memorandum of Conference and Meeting” between the
CLIENT and POWER, and other third parties, in accordance with the following
format:
Memorandum of Conferences and Meetings
CLIENT/PROJECT
POWER Project #
(Date)
(Subject)
Meeting Held in
Attending:
Information on conferences and meetings shall include the organizations represented,
and their addresses; attendees, including their names, titles, and telephone numbers;
subjects discussed; results of the meeting, potential issues, and action items needing
attention by the CLIENT and/or POWER and/or other organizations.
Memoranda will be distributed to each meeting participant and a copy retained in the
permanent project meetings record file in the field office.
HLY 24-051 (06/96) Final 120293-01/ab 9
(Insert Expense Reporting Form)
HLY 24-051 (06/96) Final 120293-01/ab 10
3.0 STATUS REPORT
3.1 Right-of-Way Status Report
POWER’s Right-of-Way Status Report shall be used to enter basic parcel data for each
parcel to be affected, as well as specific data relative to acquisition requirements and
status of parcel-by-parcel activity. See Figure 3.1 for report format. Status reporting
procedures are as follows:
Each Right-of-Way Agent will be supplied with a hard copy status report for that section
of the project on which they are currently working. Agents shall make hand-written
entries of changes in the status of those report fields for which changes have occurred
during the week. Each Friday by 10 a.m. the Agents will submit their weekly marked-up
status sheets to the POWER Staff Assistant. The Staff Assistant will electronically
compile all entries into the weekly updated report. Distribution of hard copy reports will
then be made by the Staff Assistant by 10 a.m. Central Time Monday as follows:
4 Copy to the Supervisory Right of Way Agent
Mw Copies to each Agent
One copy faxed to the CLIENT Project Manager for distribution to the CLIENT
Staff
4 One copy faxed to for distribution to POWER Staff
3.2 Final Status Report
Each Right-of-Way Agent will ensure the accuracy and complete nature of their assigned
parcel casé files. They will in turn assure that all final entries are made on the Status
Report and will assure their accuracy and complete nature.
HLY 24-051 (06/96) Final 120293-01/ab ll
(Insert sample of Status Report)
HLY 24-051 (06/96) Final 120293-01/ab 12
4.0 TITLE REPORTS
4.1 Title Searches & Reports
4.1.1 On Private Land
POWER will obtain, as available, the current surface owner, address, legal
description, last deed of record or the type of transaction, leasehold interest, contracts
to purchase, deeds of trust and mortgages (name, address, and telephone number of
mortgagee, amount of mortgage, and date), as well as prepare a Section Plat showing
tract plotted according to description. The abstract and title search shall be carried
back 25 years, or two transactions, whichever is longer, See Figure 4.1, “Limited
Title Search.” Mortgage subordinations will not be required, unless otherwise
requested on a case-by-case basis by CLIENT.
4.1.2 On Site Land
POWER will obtain, as available, the name and address of lessee on commercial
leases, grazing leases, and agricultural leases. Similarly, POWER will obtain the
name and address of contract purchasers.
HLY 24-051 (06/96) Final 120293-01/ab 13
Figure 4.1
Limited Title Search
HLY 24-051 (06/96) Final 120293-01/ab 14
5.0 EASEMENT DOCUMENT PREPARATION
5.1 Easement Preparation
POWER’s survey contractor, will prepare documents for the
new easements. Each new document will include a written description and a plat of the
easement which will be provided by the survey contractor. The documents will be
formatted in accordance with the CLIENT’s requirements as follows:
The surveyor shall complete the Easement Document Form provided by the
CLIENT, in accordance with this section of the Survey Procedures Manual and
any additional examples provided by the CLIENT. All documents shall be
developed with as much consistency and uniformity as possible. Each Easement
Document Form must be completed using methods that will eliminate the
possibility of errors within the document.
The Land Surveyor shall be responsible for placing the Parcel Number,
Landowners Name(s) and the Legal Descriptions on the Easement Document
Form approved by the CLIENT. When the Legal Description requires more area
than is provided on the form, a second sheet will be used. The plat shall be the
second sheet of the Easement Document. For all easements that require and
Easement Area or Easement Strip Plat, a statement shall be placed in location for
the Legal Description on the Easement Document Form stating, “See Sheet
of Sheets of this Easement Document for the Electric Transmission Line
Easement Description” or “See Sheet of ___— Sheets of this Easement
Document for the Electrical Transmission Line Easement Area or Easement Strip
Plat.”
Three (3) copies of each Easement document shall be prepared. Whenever a plat
is used as a part of the Easement Document, three (3) copes of the plat shall also
be provided.
The surveyor shall promptly transmit all completed Easement Document Forms to the
Supervisory Right-of-Way Agent.
When successful easement negotiations have been completed, the Agent will secure three
fully executed counterparts of the document, notarizing each copy. One copy will be left
with the landowner. A second copy will be recorded within twenty-four hours and
retained in the permanent case file in the Office. The third copy will also be
retained in the case file as a backup.
HLY 24-051 (06/96) Final 120293-01/ab 15
Schl General Easement Document
The general easement document is titled EASEMENT FOR ELECTRIC
TRANSMISSION LINE and will generally be used for all new easements for the
parcels both with or without structures, as well as for parcels with only as overhang.
See Figure 5.1.
S162 Consent for Lessee
Use this form (See Figure 5.2) to obtain lessee or tenant consent. This form is
intended to form a bridge between the fee owner of the property and the tenant. It is
used to assure the fee owner that the tenant agrees to the project, and that the tenant
will be compensated for any damages that may occur as a result of construction or
maintenance. Any dispute between the owner and the tenant about who should
receive the easement payment must be a matter to be resolved between those two
parties, and should not become an element of easement negotiations between the
CLIENT and the fee owner.
Payment to the tenant for the consent to construct as indicated in the last paragraph of
the form shall be one dollar ($1.00) and serves as the contractual consideration. No
additional payment for the tenant/lessee signature will be made.
(Note: the following forms have not been approved for use as of 9/14/94)
S123 Access Road Easement Document.
The title of this form is Access Road Easement (Figure 5.2). This form is used for a
roadway easement when the Exclusive general easement document is insufficient. In
this instance, the insufficiency occurs when access to the CLIENT facilities is via
land not encumbered by the basic easement itself; that is, access is from neighboring
land, etc.
5.1.4 Temporary Work Space Agreement.
The title of this form is Temporary Work Space Agreement. This form is used
exclusively for construction work space on lands adjacent to the right-of-way not
granted by the easement agreement. Communication (with the contractor) is essential
to determine specific areas for which this agreement will be necessary. See Figure
5:3)
HLY 24-051 (06/96) Final 120293-01/ab 16
5.1.6 Right-of-Way Construction Conditions.
It is the CLIENT’s policy to include any special conditions or stipulations relative to
a specific parcel within the construction specifics. In this way, the easement
document remains unencumbered, and specific landowner issue are cleared through
the construction process. Therefore, special conditions should be noted on the
comments portion on the Right-of-Way Status Report and incorporated into the
Conditions Summary for the construction specifications. The following right-of-way
conditions and stipulations are not voluntary measures. They are intended to
demonstrate some willingness to accommodate specific landowner concerns should
easement negotiations become stalled over resolution of non-monetary issues. Every
attempt shall be made to acquire the Standard Form Easement agreement without
additional construction obligations. In no event shall a landowner be given a copy of
or allowed to read the following pre-approved right-of-way conditions.
The following construction conditions are approved for all right-of-way agents
in the field. There is no need to obtain clearance before committing to a
landowner for any condition listed in this section.
e Grantee agrees to H-brace all fences prior to cutting and return all fences to
condition equal to or better than that which existed prior to construction.
¢ Grantee shall remove all construction waste and debris after completion of
construction activities.
e Grantee shall construct erosion control structures necessary to prevent and control
erosion which is attributable to construction, operation, and maintenance
activities.
e Grantee shall restore all access roads disturbed by construction to a condition
equal to or better that that which existed prior to construction. Restoration shall
include final grading where necessary.
¢ Grantee shall re-seed disturbed areas along the right-of way with a seed mix
native to the area or a specified by the Grantor.
e Grantee shall restore the property after construction to as close to the original
condition as it practicable.
e Grantee shall protect all survey monuments located within the right-of-way. In
the event survey monuments are disturbed and/or destroyed, it shall be the
responsibility of the Grantee to re-establish said survey monument in conformity
with survey standards then currently established for the State of
HLY 24-051 (06/96) Final 120293-01/ab 17
e Grantee shall notify Grantor of the construction schedule a minimum of
hours prior to the initiations of construction activities on the Grantor’s
land. Grantor may be contacted at (telephone number).
The following right-of-way conditions require the approval of the Right-of-Way
Manager and/or the Field Right-of Way Supervisor prior to inclusion in a right-
of-way and easement contract. Approval shall be on a case by case basis and
approval in one circumstance shall not constitute approval for future
circumstances.
e Grantee shall indemnify and hold harmless Grantor from and against any and all
loss, damage, or injury which may result from the construction operation and
maintenance of the transmission line; provided however, that said loss, damage,
or injury does not arise out of or result from the actions of the Grantor, his agents
or employees.
e Grantee shall fertilize disturbed soils within the right-of-way as recommended by
the Soil Conservation Service or with a fertilizer specified by the Grantor.
e Grantee shall compensate Grantor for all livestock losses which are caused by
construction activities. Grantor shall keep sufficient records so as to allow
independent verifications of all such claimed losses.
e Grantee shall erect temporary fencing as necessary to control livestock and
maintain the livestock a safe distance from the construction activities.
e Grantee shall provide to Grantor, within one (1) year following the transmission
line being placed in service, an as-built survey plan of the permanent transmission
line easement.
e During the period of construction, Grantee shall reimburse Grantor for the
reasonable cost of alternate pasturing which may be required due to the conflicts
in construction schedule and the sensitive livestock operation. Reimbursement
shall include associated transportation costs for the movement of livestock.
e Following construction, grantee shall scarify disturbed portions of the right-of-
way to minimize soil compaction and enhance revegetation efforts.
e Following right-of-way clearing, trees 4 inches in diameter or greater shall be cut
into (4 foot to 8 foot) lengths and stacked along the edge of the right-of-way.
Remaining slash and brush shall be clipped, burned, redistributed along the right-
of-way, or disposed of after construction to assist restoration efforts.
e Vehicle travel shall be limited to 25 miles per hour on access roads and along the
right-of-way.
HLY 24-051 (06/96) Final 120293-01/ab 18
Grantee shall install a fence or other barrier to prevent unauthorized access along
the right-of-way. Where gates are installed, the Grantor and Grantee shall have
keys to any locks which may be installed.
NOTE: Right-of-Way Agents shall in no event commit the construction
contractor or CLIENT to unrelated property improvements or repairs, or
otherwise restrict the contractor’s ability to conduct normal construction
sequence without the prior approval of the CLIENT.
In the event the Grantee fails to initiate construction activities within the right of
way and Easement within a period of years from the execution date hereof,
said right-of-way agreement and easement shall become null and void.
The following conditions are prohibited for all purposes. Right-of-Way
personnel shall not inquire to obtain approval.
The CLIENT shall not survey property boundaries or establish property corners,
except under circumstances authorized in above sections.
Clauses which prohibit the CLIENT from clearing certain trees within the right-
of-way areas.
Clauses restricting construction to specific item frames.
Open-ended clauses in favor of the landowner/e.g., “construction shall be to the
Grantor’s satisfaction.”
Any terms obligating the CLIENT to pay an annual or other periodic rent.
No indemnification clauses for the Grantor’s own negligence.
No favored nation clause, i.e., no clause stating that the sum to be paid to a
particular landowner for the easement shall be equal to the highest sum paid to
other landowners. Each negotiation is discrete and stands on its own.
The CLIENT shall not pay a landowner’s legal fees, except for the additional
one-time payment of $100.00 that is intended for a legal review of the easement
document.
HLY 24-051 (06/96) Final 120293-01/ab 19
Sol) Distribution of Completed Documents.
POWER will distribute the easement documents as follows:
e Original to be maintained in Project Case File, by the CLIENT Right-of-Way
Manager.
e Copy to be maintained in Project office case file.
HLY 24-051 (06/96) Final 120293-01/ab 20
Figure 5-1
Exclusive Right-of-Way and Easement
HLY 24-051 (06/96) Final 120293-01/ab 21
Figure 5-2
Consent of Lessee
HLY 24-051 (06/96) Final 120293-01/ab 22
Figure 5.3
Access Road Easement (Suggested format only. DO NOT USE WITHOUT PRIOR
APPROVAL FROM THE RIGHT-OF-WAY SUPERVISOR)
The undersigned, hereinafter referred to as Grantor, for and in consideration of Ten
Dollars ($10.00) and other considerations paid to the Grantor by the CLIENT, hereinafter
called the Grantee, the receipt of which is hereby acknowledged, does hereby grant, sell,
and convey unto said Grantee its successors and assigns, a perpetual right-of-way
feet in length and feet in width on which to construction, maintain and use a
roadway overall and across the following described lands approximately along the line
designated by survey heretofore made the following described lands approximately along
the line designated by survey heretofore made the following described lands
approximately along the line designated by survey heretofore made or hereafter to be
made by the Grantee, through and over the said property situated in
County, State of
Subdivision Section Township Range
It is understood and agreed that this road right-of-way does not and shall not extend
generally for the use of the public, but is limited to and for the use of the Grantor and
CLIENT, its successors and assigns, for its agents an employees, and for persons, firms,
and corporations doing work for the said CLIENT, it’s successors and assigns. For the
consideration, the Grantor(s) hereby waive(s) any claims for damages for the opening,
repairing, maintaining and using of said roadway.
Grantor represents and warrants that it is the owner in fee simple of the said described
land.
The rights herein granted are subject to outstanding easements of record in said County.
Witness the execution this day of ,19___, by
(CLIENT)
(Grantor)
HLY 24-051 (06/96) Final 120293-01/ab 23
Figure 5.4
Temporary Access and Agreement (Suggested format only. DO NOT USE
WITHOUT PRIOR APPROVAL FROM THE RIGHT-OF-WAY SUPERVISOR.)
The undersigned, hereinafter referred to as Grantor, for and in consideration of Ten
Dollars ($10.00) and other considerations paid to Grantor by CLIENT, hereinafter called
Grantee, the receipt of which is hereby acknowledged, does hereby give and grant unto
Grantee, its agents, contractors, and employees, the right and privilege of using an
existing road for the period of construction and restoration for ingress and egress to and
from Grantee’s proposed pipeline, right-of-way and easement, over and across the
hereinafter described lands. Description of property situated in
County, State of
Subdivision Section Township Range
Grantee hereby agrees that after construction is completed on its electrical transmission
line, it will restore or pay for the restoration of said road and thereafter have no further
rights of interest therein.
WITNESS THE EXECUTION HEREOF, this
By by:
CLIENT Grantor
19 day of LOTT
HLY 24-051 (06/96) Final 120293-01/ab 24
Figure 5.5
Temporary Working Space Agreement (Suggested format only. DO NOT USE
WITHOUT PRIOR APPROVAL OF THE RIGHT OF WAY SUPERVISOR.)
The undersigned hereafter referred to as Grantor, for and in consideration of Ten Dollars
($10.00) and other consideration paid to Grantor by CLIENT, hereinafter referred to as
Grantee, the receipt and sufficiency of which is hereby acknowledged, does hereby grant
and convey unto Grantee, its agent, contractors and employees, the right and privilege of
using as temporary working space a parcel of land, described as follows:
County, State of
It is understood and agreed by Grantor and Grantee that said working space is to be used
in connection with the construction of Grantee’s electric transmission line.
Upon completion of the above described work Grantee’s interest in said land shall revert
to Grantor, except as provided by separate instrument. Damage if any caused by
Grantee’s use of said land will be corrected or paid for by Grantee, provided that Grantee
shall not be held liable for damage of any kind which arises due to the negligent act or
willful misconduct of the Grantor, its successor’s, assigns, permittees, agents or
contractors.
WITNESS THE EXECUTION HEREOF, this day of 19
GRANTOR:
BY:
HLY 24-051 (06/96) Final 120293-01/ab 25
6.0 _PROPERTY VALUATION
6.1 Property Valuation
POWER has contracted with to conduct project-area
comparable sales research and individual parcel appraisals. Sales Report books by
individual project county, and individual parcel appraisals will be made available to
Right-of-Way Agents as follows: First third (beginning at ) by (date),
Second third by (date), and the final third by (date).
An important requirement for determining a tract’s before and after value will be the
location of structures in the tract. It is imperative that the results of the Agent’s review of
the structure location with the landowner, and any subsequent structure relocation be
immediately communicated to the appraiser and to the design engineer.
The parcel appraisal will provide the basis for the individual easement values. The
appraisals will give before project and after project values. The Right-of-Way Agent will
apply the before value to the CLIENT’s easement payment formula to determine the
easement value.
Under no circumstance shall offers by made to any property owner or tenant prior to the
CLIENT’s concurrence with the basis of the offers.
HLY 24-051 (06/96) Final 120293-01/ab 26
7.0 PRELIMINARY STRUCTURE REVIEW
71 Preliminary Structure Review
POWER’s design engineers will conduct a preliminary structure spotting process
whereby structure locations will be shown on preliminary plan and profile drawings and
on full-size section photos. Upon receipt of these materials, the Right-of-Way staff will
commence individual landowner review meetings to discuss the structure locations. It is
imperative that the landowners understand the value to them to allow this meeting and
review to take place. Without the benefit of knowing if any on the ground obstacles exist
that may affect structure placement, such as a center pivot irrigation system, a well, grain
bins or their structures, the designer must assume that the location is unencumbered. The
on-site review is intended to provide the landowner an opportunity to discuss with the
Agent the right of way layout. The Agent should include in his exhibits to show the
landowner, the appropriate plan and profile drawing, the section photo, and the
landowner questionnaire. The Agent has some latitude to make minor adjustments in the
structure location in order to accommodate a landowner concern. Under most
circumstances those adjustments will be limited to:
A. In-line = 30 feet
B. Sidewise = 10 feet
Should an unusual circumstance warrant a longer distance move, the design engineer will
be consulted immediately, and may elect to visit the site.
In all cases the result of each structure review, including responses to the questionnaire
will be conveyed to the design engineer on a weekly basis. This response will be made
whether or not structure location changes have been made.
HLY 24-051 (06/96) Final 120293-01/ab 27
8.0 _EASEMENT PAYMENT POLICY & PROCEDURE
8.1 Easement Payment Policy
After final structure and right of way locations have been determined, land appraisals
completed, and easement descriptions written, and prior to easement acquisition,
easement payment will be determined for each easement parcel using the following
factors:
The appraised value of the parcel.
The limited rights being obtained
The impair of structure on existing land use.
Any special consideration; i.e., creation of an uneconomic remainder, effect on
improvements that may require them to be relocated. GOP The total easement payment will typically include the following elements:
A. Payment for _ percent of the fee value of the land area within the boundaries of
the easement. Base this percentage on the ”Before” value according to the parcel
appraisal.
B. Payment of $ for each transmission structure located on the parcel.
The purpose for the structure payment is to compensate landowners for any
additional cost which may be incurred due to the presence of the structure
including:
a. Loss of net income from cropland removed from production due to the
inability to operate various types of farm equipment directly under and
immediately adjacent to the lattice structure.
b. Loss of time due to the inconvenience of maneuvering farm equipment
around structure bases.
c. The cost (labor and materials) of applying persistent herbicides to the area
removed from production under and adjacent to structures.
C. In addition to the above, each landowner who voluntarily signs an easement
contract will be paid $ for expenses that might be incurred by the
landowner for legal review of the easement document.
D. As an option to a one-time lump sum payment, the CLIENT will consider
deferred annual payments for a period up to five years based on a fixed 4%
simple interest rate on the unpaid balance. Interest would be paid annually and all
payment would be paid out of the CLIENT’s general reserves. If special
circumstances warrant, the CLIENT will discuss deferred payment over a period
for time greater that five years (but not exceed ten years).
HLY 24-051 (06/96) Final 120293-01/ab 28
8.2 Easement Payment Procedure
Upon conclusion of an easement acquisition, and obtaining fully executed and notarized
easement documents (three copies) the Right-of-Way agent will immediately complete a
Special Payment Request (see Figure 9.1 below). The request form will be sent to the
CLIENT, attention to (the CLIENT Project Manager) for review and payment. The
CLIENT typically processes these payment within 2-3 weeks. This schedule will be
explained to the landowner. If a landowner contacts the Agent about not receiving
payment, the Agent will contact (the CLIENT Project Manager), or a designated
CLIENT Accounting person for information with which to follow-up with landowner.
HLY 24-051 (06/96) Final 120293-01/ab 29
Figure 8.1
HLY 24-051 (06/96) Final 120293-01/ab 30
9.0 _DAMAGE CLAIMS
9.1 Damage Claim Investigation
All landowner claims of damages resulting from project-related activities will be
immediately investigated by the appropriate Agent. Various data sources are available to
determine a credible resolution to the claim:
A. Soil Conservation Service - County Agent caf 9.2 Payment for Damages
The CLIENT’s damage claim payment policy is as follows:
A. For damages valued at less that $50.00, pay $50.00
B. For damages valued at $51-100, pay $100.00
C. For damages valued at over $100.00, pay actual value.
In the circumstance of multiple year crop losses, caused by ongoing construction
activities, multiple payment will be made (i.e., construction interferes with growth or
harvest of one crop year, and extends into next planting season). All damages will be
calculated on an “actual loss basis.” Damage that results from maintenance work in
future years will be paid for by the CLIENT immediately after it occurs.
9.3 Damage Payment Procedure
Payment for damages will be processed using the Special Payment Request as described
in Section 8.2. The damage claim will be documented using the Construction Damage
Inventory Form (see Figure 9.1) This is multi-copy form that includes a section for
landowner and tenant acknowledgment of the receipt of damage settlement payment and
the release of the CLIENT from any further liability relative to the inventory of damages
on that particular claim. The Agent will distribute copies of the form according to
instructions on the form.
HLY 24-051 (06/96) Final 120293-01/ab 31
(Insert Figure 9.1)
HLY 24-051 (06/96) Final 120293-01/ab 32
10.0 CONDEMNATION PROCEDURES
10.0 CLIENT Eminent Domain Policy*
*(Varies from state to state. The following is an example only.)
Eminent domain is the right, granted by state law, permitting the condemnation of land
by the CLIENT for facilities which will benefit the general public. Condemnation or
eminent domain proceedings are started when the landowner and the CLIENT cannot
reach a settlement, or when the landowner is unable to grant a prior easement because of
a defect in the land title. The court of the county of the condemnation action appoints
three appraisers to determine the value the landowner will be paid for the easement. Once
the CLIENT has paid this amount of money to the court which is then turned over the
landowner, the CLIENT is allowed to proceed with construction.
Both landowner and the CLIENT have the right to appeal this award to the higher court
if they are dissatisfied.
Right-of-Way Agents will be prepared to support the CLIENT’s legal staff during
condemnation actions. This will include ensuring that all case file documentation is
complete, legible, and professionally presentable as evidence.
NOTE: Be sure to determine when possession of the property is granted for purposes of
survey and construction.
HLY 24-051 (06/96) Final 120293-01/ab 33
ae
11.0 Records Close-Out
Files Quality Check
Upon completion of the project, Right-of-Way Agents will conduct a final quality check
of each file under their respective responsibilities. Each file will be checked as to the
following items prior to its being transmitted to (the CLIENT Project Manager),
CLIENT:
ae be ES Oe Ae OF
10.
11.
12.
Project Name
Legal description of parcel, including county, section, township, and range, and
the surveyors easement description.
Current owner(s) of record, including address and phone number.
Easement grantor
Recorded date of easement
Recording information
Fully executed and notarized easement document.
Other fully executed instruments as appropriate to the parcel:
a. Right of Entry
b. Consent of Lessee
( Construction Damage Inventory
d. Temporary Access Agreement
e. Permanent Access Agreement
Copy of Request for Special Payment
Title Report
Verify that the Grantor signature(s) on documents agree with Title information.
Assure that document amendments or alternations are initialed and fully executed.
Upon completion of the quality check, Agents will assemble file in appropriate
containers and transmit to (the CLIENT Project Manager), CLIENT. Such transmittal
shall be by personal hand delivery.
HLY 24-051 (06/96) Final 120293-01/ab 34