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AMERICAN TRANSMISSION SYSTEMS, INCORPORATED A FIRSTENERGY COMPANY CONSTRUCTION NOTICE FORMER BURGER 138 kV TRANSMISSION LINES STRUCTURE ADDITION OPSB CASE NO.: 17-1783-EL-BNR August 30, 2017 American Transmission Systems, Incorporated 76 South Main Street Akron, Ohio 44308

AMERICAN TRANSMISSION SYSTEMS, INCORPORATED A …...the Former Burger fossil generation symbol (a black square with a white circle and black “F”). The general location and layout

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Page 1: AMERICAN TRANSMISSION SYSTEMS, INCORPORATED A …...the Former Burger fossil generation symbol (a black square with a white circle and black “F”). The general location and layout

AMERICAN TRANSMISSION SYSTEMS, INCORPORATED

A FIRSTENERGY COMPANY

CONSTRUCTION NOTICE

FORMER BURGER 138 kV TRANSMISSION LINES STRUCTURE ADDITION

OPSB CASE NO.: 17-1783-EL-BNR

August 30, 2017

American Transmission Systems, Incorporated 76 South Main Street

Akron, Ohio 44308

 

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1  American Transmission Systems, Incorporated Former Burger 138 kV Transmission Lines   Structure Addition Project 

CONSTURCTION NOTICE

FORMER BURGER 138 kV TRANSMISSION LINES STURUCTURE ADDITION PROJECT

The following information is being provided in accordance with the procedures in the Ohio

Administrative Code (OAC) Chapter 4906-6 for the application and review of Accelerated

Certificate Applications. Based upon the requirements found in Appendix A to OAC Rule 4906-

1-01, this Project qualifies for submittal to the Ohio Power Siting Board (“Board”) as a

Construction Notice application.

4906-6-05: ACCELERATED APPLICATION REQUIREMENTS

4906-6-05: Name and Reference Number Name of Project: Former Burger 138 kV Transmission Lines Structure

Addition Project (“Project”). 4906-6-05 (B)(1): Brief Description of the Project

In this Project, American Transmission Systems, Incorporated (“ATSI”), a FirstEnergy

company, is proposing to remove two (2) existing structures from the Former Burger 138

kV Transmission Lines south of Ohio River Scenic Byway/State Route 7 and install four

(4) new wood pole, deadend structures to accommodate the necessary removal of

segments of existing de-energized conductor from the Former Burger 138 kV

Transmission Lines. The four new poles will serve to anchor the end points for the de-

energized transmission lines that are not being removed in this Project.

Overall, approximately 5,000 feet of conductor among one set of two (2) transmission

lines and approximately 4,190 feet of conductor on the other set of two (2) transmission

lines will be removed (See Exhibit 3). The existing steel lattice Structure #6003, which

supports the Former Burger-Cloverdale & Former Burger-Harmon #2 138 kV

Transmission Lines, will be removed along with approximately 5,000 feet (0.95 miles) of

each line’s existing conductor. The existing wood H-frame Structure #4003, which

supports the two (2) Former Burger Loop 138 kV Transmission Lines, will be removed

along with approximately 4,190 feet (0.79 miles) of the existing conductor.

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The Project area, starting with the structures to be removed, begins approximately 1250

feet south of the intersection of Ohio River Scenic Byway/State Route 7 and Ferry

Crossing Landing Road, and extends to the south for approximately 2400 feet with the

existing ROW. The general location of the Project is shown in Exhibit 1, a partial copy

of the United States Geologic Survey, Belmont County OH, Quad Map, ID number

o39080h7. Exhibit 2 is a copy of Bing aerial imagery of the Project area. The general

layout is shown in Exhibit 3. The Project is located in Mead Township, Belmont County

Ohio.

4906-6-05 (B)(1): Accelerated Application Requirement

The Project meets the requirements for a Construction Notice because the Project is

within the types of projects defined by Item (2)(a) of the Application Requirement Matrix

for Electric Power Transmission Lines, Appendix A of OAC Rule 4906-1-01. This item

states/These items state:

(2) Adding new circuits on existing structures designed for multiple circuit use,

replacing conductors on existing structures with larger or bundled conductors,

adding structures to an existing line or replacing structures with a different type

of structure, for a distance of:

(a) two miles or less

Although this Project is primarily to remove existing, but de-energized transmission

lines, due to the need for the installation of the four deadend structures to anchor the end

points of the transmission lines that will not be removed, the proposed Project is within

the requirements of Item (2)(a) as it involves the addition of four (4) structures to an

existing transmission line with a distance that is less than two miles.

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4906-6-05 (B)(2): Need For the Project

The Project is needed because ATSI is required to remove all structures and transmission

lines from the site of the former Burger Power Plant as a condition of the sale of the site

to PTTGC America LLC for the announced construction of a large scale chemical

complex. ATSI does not intend to remove all of the impacted de-energized transmission

lines, due to the possible use of these facilities in future projects. The installation of the

four deadend structures will allow ATSI to meet its obligations to PTTGC while at the

same time maintaining future system flexibility..

4906-6-05 (B)(3): Location of the Project Relative to Existing or Proposed Lines

The location of the Project relative to existing or proposed lines is shown in the ATSI

Transmission Network Map, included as part of the confidential portion of the

FirstEnergy Corp. 2017 Long-Term Forecast Report. This map was submitted to the

PUCO in Case No. 17-0913-EL-FOR under Rule 4901:5-5:04 (C)(2)(b) of the Ohio

Administrative Code. The map is incorporated by reference only. This map shows

ATSI’s in-service 345 kV and 138 kV transmission lines and transmission substations but

does not include the Former Burger 138 kV Transmission Lines which are currently de-

energized. The Project area is located approximately 11 9/10 inches (11” x 17” printed

version) from the left edge of the map and 8 1/2 inches (11” x 17” printed version) from

the top of the map. The Former Burger 138 kV Transmission Lines, although not

depicted on the map, extend from the Holloway AEP Substation symbol (gray triangle) to

the Former Burger fossil generation symbol (a black square with a white circle and black

“F”). The general location and layout of the project area is shown in Exhibit 1 and 2.

4906-6-05 (B)(4): Alternatives Considered

Two alternatives were identified and considered. The first considered was the removal of

the entire deenergized transmission line conductor up to AEP Holloway Substation. This

alternative would remove approximately 4.6 miles of conductor on four (4) transmission

lines. Due to the topography of the right-of-way and the length of line, the cost of

completing this alternative would be approximately 30 times greater than the proposed

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4  American Transmission Systems, Incorporated Former Burger 138 kV Transmission Lines   Structure Addition Project 

cost for this Project. Additionally, this would make the possibility of using the remaining

transmission facilities for possible future projects both less likely and potentially costlier.

The second alternative was the consideration of different locations for the proposed dead-

end structures. Engineering considered placing the new structures north of existing

Structures 6005 & 4006. However, once topography and accessibility constraints were

considered, the existing proposal to located the four deadend structures was considerably

more reasonable . In addition, the proposed Project location for the installation of the

four deadend structures will allow the use of wood pole structures rather than steel.

Based on considerations of constructability, access, topography and overall ease of

construction, the proposed locations for the four deadend structures is considered

optimal.

4906-6-05 (B)(5): Public Information Program

ATSI’s manager of External Affairs will advise local officials of features and the status

of the proposed Transmission Line Project as necessary. ATSI will maintain a copy of

this Construction Notice on FirstEnergy’s website. Letters will be sent to affected

property owners at least 7 days before construction begins on the project informing them

of the Project’s start and a proposed timeframe of construction and restoration activities.

4906-6-05 (B)(6): Construction Schedule

The construction schedule for this Project is expected to begin as early as October 2,

2017 and completed by October 30, 2017.

4906-6-05 (B)(7): Area Map

Exhibit 1 depicts the general location of the Project. This Exhibit provides a partial copy

of the United States Geological Survey, Belmont County OH, quadrangle map (Quad

Order ID o39080h7). Exhibit 2 is a copy of Bing aerial imagery of the Project area.

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4906-6-05 (B)(8): Property Owner List

The Project is located on existing right-of-way and no new right-of-way is required for

the Project. Table 1 contains a list of property owners affected by the project.

Table 1: Property Owner List

Parcel Number Property Owner Property Address Easement Status

15-90018.000-3 PTTGC America LLC

N/A Easement Obtained

15-90017.000-69 PTTGC America LLC

N/A Easement Obtained

15-01390.000-3-4 State of Ohio State Route 7 Easement Obtained

15-60105.000-69-2 State of Ohio State Route 7 Easement Obtained

15-60034.000-70-1 State of Ohio State Route 7 Easement Obtained

15-60111.000-1-3 State of Ohio State Route 7 Easement Obtained

15-60027.000-54-1 State of Ohio State Route 7 Easement Obtained

15-01383.000-74 State of Ohio State Route 7 Easement Obtained

15-60108.000-66-3 State of Ohio State Route 7 Easement Obtained

15-60104.000-67-1 State of Ohio State Route 7 Easement Obtained

15-60108.00-66-2 State of Ohio State Route 7 Easement Obtained

15-60104.000-67 State of Ohio State Route 7 Easement Obtained

15-60108.000-66-1 State of Ohio State Route 7 Easement Obtained

15-01290.000-66 James A. Tonkovich

Rear TWP #533 Easement Obtained

15-01225.001-54-J-1 Dennis D. Hendershot

State Route 7 Easement Obtained

15-01225.000-54 Arlin Corporation State Route 7, Shadyside, OH

Easement Obtained

15-90014.001-53 James A. Tonkovich

State Route 7 Easement Obtained

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Parcel Number Property Owner Property Address Easement Status

15-00546.000-11 Arlin Corporation State Route 7, Shadyside, OH

Easement Obtained

15-90019.001-12 James A. Tonkovich

State Route 7 Easement Obtained

15-01284.004-1-9 Arlin Corporation State Route 7, Shadyside, OH

Easement Obtained

15-60025.001-1-1 State of Ohio State Route 7 Easement Obtained

4906-6-05 (B)(9): TECHNICAL FEATURES OF THE PROJECT

4906-6-05 (B)(9)(a): Operating Characteristics

The transmission line construction will have the following characteristics:

Voltage: 138 kV

Conductors: 605 kcmil 24/7 ACSR & 795 kcmil 26/7 ACSR

Static Wire: 134.6 kcmil 12/7 ACSR

Insulators: Polymer

ROW Width: 400 feet

Structure Types: Exhibit 4: 138 kV Single Circuit, Wood Pole Deadend with

Guying. Four (4) structures are needed.

4906-6-05 (B)(9)(b): Electric and Magnetic Fields

The closest occupied residence or institution is approximately 750 feet from the proposed

transmission line centerline therefore no Electric and Magnetic Field (“EMF”)

calculations are required by this code provision.

4906-6-05 (B)(9)(c): Estimated Cost

The estimated capital cost for the proposed project is approximately $442,786.

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7  American Transmission Systems, Incorporated Former Burger 138 kV Transmission Lines   Structure Addition Project 

4906-6-05 (B)(10): SOCIAL AND ECOLOGICAL IMPACTS

4906-6-05 (B)(10)(a): Land Uses

The Project is located in Mead Township, Belmont County Ohio. The main land use

around the Project is industrial or for transportation/highway usage. An active mining

operation is located within the right-of-way near the proposed location of the new

structures.

4906-6-05 (B)(10)(b): Agricultural Land

Agricultural land does not exist within the Project’s disturbance area.

4906-6-05 (B)(10)(c): Archaeological or Cultural Resources

As part of the investigation, a search of Ohio Historic Preservation Office (“OHPO”)

online database was conducted to identify the existence of any significant archeological

or cultural resource sites within 0.5 miles of the Project Area. The results of the search

are shown in Exhibit 5.

The OHPO database includes all Ohio listings on the National Register of Historic Places

(“NRHP”), including districts, sites, building, structures, and objects that are significant

in American history, architecture, archeology, engineering, and culture. The results of

the search indicate that no listed NRHP sites and no NRHP eligible sites were identified

within 0.5 miles of the Project potential disturbance area.

The OHPO database also includes listing of the Ohio Archaeological Inventory (“OAI”),

the Ohio Historic Inventory (“OHI”), previous cultural resource surveys, and the Ohio

Genealogical Society (“OGS”) cemetery inventory. No OAI listed archeological resource

has been previously inventoried within 0.5 miles of the Project area. No listed structural

resource is located within 0.5 miles of the Project area. One (1) previous cultural resource

survey was conducted within 0.5 miles of the Project area and is provided in Table 2.

One (1) OSG cemeteries are located within 0.5 miles of the Project area and is provided

in Table 3.

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Table 2. List of Previous Cultural & Historic Resource Survey

Year Name County Municipality

1978 A Preliminary Archeological Survey Of The Proposed Dilles Bottom Right-Of-Way To The Moundsville-Ohio River Bridge

Belmont Mead

Township

Table 3. List of OGS cemeteries

OGS ID Name County Location

903 Thompson-Fort Pitt Belmont Confident

No historical structures were identified with 0.5 miles of the Project area. The one (1)

previous preliminary archeological survey identified within part of the Project area failed

to find any archeological sites. Therefore, no impacts to any historic or archeological

resources are anticipated.

One OSG cemetery was identified and according to the location provided by OHPO, it

appears to be located in between the Ohio River Scenic Byway/State Route 7 and the

offramp to Ferry Crossing Landing Road which is within the Project area. ATSI

conducted a thorough field inspection of the site and found no evidence of a cemetery

existing at this location. An online search located a record of this cemetery on the “Find

A Grave” website at https://www.findagrave.com/cgi-

bin/fg.cgi?page=cr&CRid=2445072. The location provided on this website places the

cemetery approximately 1,260 feet to the northeast of the location referenced on the

OHPO map and outside of the Project area. Because this location is on private property

ATSI was not able to visit this site and confirm its location. However, aerial imagery

also suggests this to be a far more likely location for a gravesite than the OHPO map

reference. Based on this record and the field inspection, ATSI does not believe the

gravesite is within the Project area, and will not be affected.

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9  American Transmission Systems, Incorporated Former Burger 138 kV Transmission Lines   Structure Addition Project 

4906-6-05 (B)(10)(d): Local, State, and Federal Requirements

Table 4 shows the list of government agency requirements and the filing status at the time

of filing.

Table 4. List of Government Agency Requirements to be Secured Prior to

Construction

Agency Permit Requirement Status

Ohio DOT Overhead Utility Crossing Permit Filed

Ohio DOT Driveway/Access Permit Filed

4906-6-05 (B)(10)(e): Endangered, Threatened, and Rare Species Investigation

ATSI submitted a request to the Ohio Department of Natural Resources (“ODNR”)

Office of Real Estate to conduct an Environmental Review on June 22, 2017. The

ODNR’s Office of Real Estate’s comments are not available at the time of the filing.

Therefore, an online search of the ODNR’s State Listed Species for Belmont County was

completed. The results of this search indicated that the ODNR has historic records within

Belmont County of six (6) state endangered species, one (1) of which is also listed as

federally endangered and one (1) that is listed as a federal species of concern; six (6) state

threatened species, and nineteen (19) species listed as species of concern in the State of

Ohio, 1 (one) if which is also listed as federally threatened. A copy of the ODNR’s list

of state-endangered, state-threatened, and state species of concern for Belmont County,

Ohio is included as Exhibit 6.

ATSI also submitted a request to the US Fish and Wildlife Service (“USFWS”) for an

Ecological Review on June 22, 2017, to research the presence of any endangered,

threatened, or rare species within one (1) mile of the Project area. A copy of USFWS’s

Ecological Review response is included as Exhibit 7. The USFWS’s response on July 12

indicated that the Project Area is within the range of one (1) federally endangered and

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10  American Transmission Systems, Incorporated Former Burger 138 kV Transmission Lines   Structure Addition Project 

one (1) federally threatened species. A list of all endangered, threatened, and rare species,

as identified by ODNR and USFWS, are identified on Exhibit 6.

The response from USFWS indicated the Project is within the range of the federal and

state endangered Indiana Bat (Myotis sodalis) and the federal threatened Northern Long-

Eared Bat (Myotis septentrionalis) No tree clearing will result from the proposed Project

as it is in existing cleared right-of-way. Therefore, no impacts to these species are

anticipated.

The Project Area is potentially within the range of the following State-endangered and

State threatened species: Eastern Hellbender (Cryptobranchus alleganiensis

alleganiensis), Western Banded Killifish (Fundulus diaphanus menona), River

Jewelwing (Calopteryx aequabilis), Butterfly (Ellipsaria lineolata), Tippecanoe Darter

(Etheostoma tippecanoe), Channel Darter (Percina copelandi), River Darter (Percina

shumardi), Paddlefish (Polyodon spathula), Black Sandshell (Ligumia recta), and

Threehorn Wartyback (Obliquaria reflexa). No impacts to these species are anticipated

due to the proposed Project’s scope and location. No work is proposed in streams or

wetlands.

The Project area is also within the range of the Black Bear (Ursus americanus). Due to

the mobility of this species no impacts to this species are anticipated.

4906-6-05 (B)(10)(f): Areas of Ecological Concern

ATSI conducted a wetland and stream assessment of the Project area. The investigation

focused on an approximately 67-acre study area around the proposed Project centerline,

access roads, and additional workspace areas. One (1) intermittent stream and eight (8)

emergent wetland areas were identified in the Project area during the assessment. A copy

of the wetland and stream assessment is provided as Exhibit 8.

The Project will use existing access roads to the remove the conductors and Structures

4003 & 6003, and install the four (4) new structures when possible. Where new access

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11  American Transmission Systems, Incorporated Former Burger 138 kV Transmission Lines   Structure Addition Project 

roads are need ATSI will use appropriate Best Management Practices (“BMPs”) and will

be implemented in accordance with construction storm water permit requirements.

Access roads through any wetland areas will utilize construction matting within the

wetland areas to avoid permanent impacts.

The Project work limits do not encroach on any regulated flood plains based on a review

of online FEMA Flood Insurance Rate Mapping.

4906-6-05(B)(10)(g): Other Information

Construction and operation of the proposed Project will be in accordance with the

requirements specified in the latest revision of the National Electric Safety Code as

adopted by the PUCO and will meet all applicable safety standards established by the

Occupational Safety and Health Administration.

No other or unusual conditions are expected that will result in significant environmental,

social, health or safety impacts.

4906-6-07: Documentation of Letter of Notification Transmittal and Availability for

Public Review

This Construction Notice is being provided concurrently with its docketing with the

Board to the following officials in Mead Township, Belmont County, Ohio.

Belmont County Commissioner J. P. Dutton Belmont County Commissioners 101 West Main Street St. Clairsville, OH 43950  Commissioner Josh Meyer Belmont County Commissioners 101 West Main Street St. Clairsville, OH 43950  

 Commissioner Mark Thomas Belmont County Commissioners 101 West Main Street St. Clairsville, OH 43950 Mr. Terry D. Lively, P.E., P.S. County Engineer 101 West Main Street St. Clairsville, OH 43950

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12  American Transmission Systems, Incorporated Former Burger 138 kV Transmission Lines   Structure Addition Project 

Ms. Liza Butler, Administrator Belmont SWCD 130 West Main Street St. Clairsville, OH 43950

Ms. Sue Douglas, Executive Director Belmont County Department of Development/CIC 117 East Main Street St. Clairsville, OH 43950

Mead Township Mr. Edward D. Good Mead Township Trustee 56080 Matts Lane Shadyside, OH 43947 Mr. David Wayne Mellott Mead Township Trustee 52418 Pipe Creek Road Jacobsburg, OH 43933

Mr. Gregg Warren Mead Township Trustee 215 W 43rd Steer Shadyside, OH 43947 Mr. David L. Albright Township Fiscal Officer 53322 Cash Ridge Road Shadyside, OH 43947

Library Ms. Lisa Millhouse Shadyside Public Library Branch Manager 4300 Central Ave. Shadyside, OH 43947

 Copies of the transmittal letters to these officials have been included with the transmittal

letter submitting this Construction Notice to the Board, and are being provided to meet

the requirement of OAC Rule 4906-6-07 (B) to provide the Board with proof of

compliance with the notice requirement to local officials in OAC Rule 4906-6-07 (A)(1)

and to libraries in OAC Rule 4906-6-07 (A)(2).

Information is posted on www.firstenergycorp.com/about/transmission_project/ohio.html

on how to request an electronic or paper copy of this Construction Notice. The link to

website is being proved to meet the requirement of OAC Rule 4906-6-07 (B) and to

provide the Board with proof of compliance with the notice requirements in OAC Rule

4906-6-07 (A)(3).

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Created on 8/16/2017

±0 1,000 2,000 3,000Feet

1:24,000

Former Burger 138kV Transmission Lines Structure Addition Project

Project Area

Exhibit 1

USGS Quad: BusinessburgOrig. Date: 1995

1:24,000USGS Quad ID: o39080h7

Marshall County, WVSource USGS

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Created on 8/16/2017

±0 1,000 2,000 3,000Feet

1:24,000

Former Burger 138kV Transmission Lines Structure Addition Project

Project Area

Exhibit 2

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AutoCAD SHX Text
GROUND LINE
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FORMER BURGER LINES
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138kV STRUCTURE ADDITION PROJECT
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138kV SINGLE CIRCUIT WOOD POLE
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DEADEND W/GUYING
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EXHIBIT 4
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**NOT TO SCALE
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Miles0.610.300

Legend

1: 24,000

[Datum]

This map is a user generated static output from an Internet mapping site and is for generalThis map is a user generated static output from an Internet mapping site and is for general reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION.

Copyright/Disclaimer

Datum:WGS_1984_Web_Mercator_Auxiliary_Sphere

Projection:

NR ListingsListed

National Historic Landmark

Delisted

NR Determinations of EligibiHistoric StructuresHistoric BridgesHistoric Tax Credit ProjectsOGS Cemeteries

Confident

Not Confident

DamsUTM Zone SplitNR BoundariesOAI Site BoundariesPhase1Phase2Phase3

51081
Text Box
EXHIBIT 5
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Ohio DNR - Division of Wildlife State Listed Wildlife Species Updated June 2016

State Status Federal Status County Category Species CommonNameSensitiveSpecies

MostRecentRecord

FWS

Endangered Species of Concern Belmont Amphibian - Salamander Cryptobranchus alleganiensis alleganiensis Eastern Hellbender Yes 2009Endangered Belmont Fish Fundulus diaphanus menona Western Banded Killifish No 2010Endangered Belmont Insect - odonate Calopteryx aequabilis River Jewelwing No 2013Endangered Belmont Invert. - fw bivalve Ellipsaria lineolata Butterfly No 2013Endangered Endangered Belmont Mammal Myotis sodalis Indiana Myotis Yes 2007Endangered Belmont Mammal Ursus americanus Black Bear No 2001

Threatened Belmont Fish Etheostoma tippecanoe Tippecanoe Darter No 2012Threatened Belmont Fish Percina copelandi Channel Darter No 2009Threatened Belmont Fish Percina shumardi River Darter No 2013Threatened Belmont Fish Polyodon spathula Paddlefish No 2008Threatened Belmont Invert. - fw bivalve Ligumia recta Black Sandshell No 2013Threatened Belmont Invert. - fw bivalve Obliquaria reflexa Threehorn Wartyback No 2013

Species of Concern Belmont Fish Esox masquinongy Muskellunge No 2012Species of Concern Belmont Fish Moxostoma carinatum River Redhorse No 2013Species of Concern Belmont Fish Rhinichthys cataractae Longnose Dace No 2011Species of Concern Belmont Insect - mayfly Maccaffertium ithaca No 2009Species of Concern Belmont Invert. - decapod Orconectes (Crokerinus) obscurus Allegheny Crayfish No 2010Species of Concern Belmont Invert. - fw bivalve Truncilla truncata Deertoe No 2013Species of Concern Belmont Mammal Eptesicus fuscus Big Brown Bat No 2013Species of Concern Belmont Mammal Lasionycteris noctivagans Silver-haired Bat No 2007Species of Concern Belmont Mammal Lasiurus borealis Red Bat No 2013Species of Concern Belmont Mammal Lasiurus cinereus Hoary Bat No 2013Species of Concern Belmont Mammal Microtus pinetorum Woodland Vole No 1938Species of Concern Belmont Mammal Myotis leibii Eastern Small-footed Myotis No 2007Species of Concern Belmont Mammal Myotis lucifugus Little Brown Bat No 2013Species of Concern Threatened Belmont Mammal Myotis septentrionalis Northern Long-eared Bat No 2013Species of Concern Belmont Mammal Napaeozapus insignis Woodland Jumping Mouse No 1938Species of Concern Belmont Mammal Perimyotis subflavus Tri-colored Bat No 2013Species of Concern Belmont Mammal Peromyscus maniculatus Deer Mouse No 1968Species of Concern Belmont Mammal Sorex fumeus Smoky Shrew No 2004Species of Concern Belmont Mammal Synaptomys cooperi Southern Bog Lemming No 1938

BELMONT COUNTY

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Beutler, William R

From: [email protected] on behalf of Ohio, FW3 <[email protected]>

Sent: Wednesday, July 12, 2017 12:57 PM

To: Beutler, William R

Cc: [email protected]; [email protected]

Subject: *EXTERNAL* ATSI - Burger 138 kV Transmission Structure Addition, Mead Twp. Belmont

Co.

TAILS# 03E15000-2017-TA-1500

Dear Mr. Beutler,

We have received your recent correspondence requesting information about the subject proposal. There are no federal

wilderness areas, wildlife refuges or designated critical habitat within the vicinity of the project area. The following comments

and recommendations will assist you in fulfilling the requirements for consultation under section 7 of the Endangered Species

Act of 1973, as amended (ESA).

The U.S. Fish and Wildlife Service (Service) recommends that proposed developments avoid and minimize water quality impacts

and impacts to high quality fish and wildlife habitat (e.g., forests, streams, wetlands). Additionally, natural buffers around

streams and wetlands should be preserved to enhance beneficial functions. If streams or wetlands will be impacted, the Corps

of Engineers should be contacted to determine whether a Clean Water Act section 404 permit is required. Best management

practices should be used to minimize erosion, especially on slopes. All disturbed areas should be mulched and revegetated with

native plant species. Prevention of non-native, invasive plant establishment is critical in maintaining high quality habitats.

FEDERALLY LISTED SPECIES COMMENTS: All projects in the State of Ohio lie within the range of the federally

endangered Indiana bat (Myotis sodalis) and the federally threatened northern long-eared bat (Myotis septentrionalis). In Ohio, presence of the Indiana bat and northern long-eared bat is assumed wherever suitable habitat occurs unless a

presence/absence survey has been performed to document absence. Suitable summer habitat for Indiana bats and northern long-eared bats consists of a wide variety of forested/wooded habitats where they roost, forage, and travel and may also

include some adjacent and interspersed non-forested habitats such as emergent wetlands and adjacent edges of agricultural

fields, old fields and pastures. This includes forests and woodlots containing potential roosts (i.e., live trees and/or snags ≥3 inches diameter at breast height (dbh) that have any exfoliating bark, cracks, crevices, hollows and/or cavities), as well as linear

features such as fencerows, riparian forests, and other wooded corridors. These wooded areas may be dense or loose aggregates of trees with variable amounts of canopy closure. Individual trees may be considered suitable habitat when they

exhibit the characteristics of a potential roost tree and are located within 1,000 feet (305 meters) of other forested/wooded habitat. Northern long-eared bats have also been observed roosting in human-made structures, such as buildings, barns,

bridges, and bat houses; therefore, these structures should also be considered potential summer habitat. In the winter, Indiana bats and northern long-eared bats hibernate in caves and abandoned mines.

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Should the proposed site contain trees ≥3 inches dbh, we recommend that trees be saved wherever possible. If any caves or abandoned mines may be disturbed, further coordination with this office is requested to determine if fall or spring portal surveys

are warranted. If no caves or abandoned mines are present and trees ≥3 inches dbh cannot be avoided, we recommend that removal of any trees ≥3 inches dbh only occur between October 1 and March 31. Seasonal clearing is being recommended to

avoid adverse effects to Indiana bats and northern long-eared bats. While incidental take of northern long-eared bats from most tree clearing is exempted by a 4(d) rule (see http://www.fws.gov/midwest/endangered/mammals/nleb/index.html),

incidental take of Indiana bats is still prohibited without a project-specific exemption. Thus, seasonal clearing is recommended where Indiana bats are assumed present.

If implementation of this seasonal tree cutting recommendation is not possible, summer surveys may be conducted to document the presence or probable absence of Indiana bats within the project area during the summer. If a summer survey documents

probable absence of Indiana bats, the 4(d) rule for the northern long-eared bat could be applied. Surveys must be conducted

by an approved surveyor and be designed and conducted in coordination with the Endangered Species Coordinator for this office. Surveyors must have a valid federal permit. Please note that summer surveys may only be conducted between June 1 and August 15.

If there is a federal nexus for the project (e.g., federal funding provided, federal permits required to construct), no tree clearing

should occur on any portion of the project area until consultation under section 7 of the ESA, between the Service and the federal action agency, is completed. We recommend that the federal action agency submit a determination of effects to this office, relative to the Indiana bat and northern long-eared bat, for our review and concurrence.

Due to the project type, size, and location, we do not anticipate adverse effects to any other federally endangered, threatened,

proposed, or candidate species. Should the project design change, or during the term of this action, additional information on listed or proposed species or their critical habitat become available, or if new information reveals effects of the action that were not previously considered, consultation with the Service should be initiated to assess any potential impacts.

These comments have been prepared under the authority of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended;

16 U.S.C. 661 et seq.), the ESA, and are consistent with the intent of the National Environmental Policy Act of 1969 and the Service's Mitigation Policy. This letter provides technical assistance only and does not serve as a completed section 7

consultation document. We recommend that the project be coordinated with the Ohio Department of Natural Resources due to the potential for the project to affect state listed species and/or state lands. Contact John Kessler, Environmental Services

Administrator, at (614) 265-6621 or at [email protected].

If you have questions, or if we can be of further assistance in this matter, please contact our office at (614) 416-8993 or [email protected].

Sincerely,

Dan Everson

Field Supervisor

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cc: Nathan Reardon, ODNR-DOW

Kate Parsons, ODNR-DOW

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Former Burger 138 kV Transmission Lines Structure Addition Project Case Number 17-1783-EL-BNR

Date: August 30, 2017

Exhibit 8 Wetland and Waters Assessment

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Date: August 23, 2017 TO: William R. Beutler – Engineer III Energy Delivery Transmission and Substation Design FROM: Auggie Ruggiero – Staff Scientist Environmental Energy Delivery Support SUBJECT:

Wetland and Waters Assessment Former Burger Lines 138 kV Structure Addition Project

INTRODUCTION On July 28, 2017, an existing transmission line corridor approximately 0.85-mile in length

located north and south of the State Route 7/Ferry Landing Road interchange in Shadyside, Ohio

was investigated for the presence of wetland characteristics and/or evidence of other areas

deemed “waters of the U.S.” Areas that exhibit hydric soils, wetland hydrology, and a

dominance of hydrophytic vegetation were considered to be a wetland. Areas that display these

three characteristics are subject to regulations pursuant to Section 404 of the Clean Water Act or

Ohio’s isolated wetland laws. Other areas deemed “waters of the U.S.” potentially include

streams or bodies of open water which may also be subject to Section 404 regulations.

METHODS

Wetlands within the project area were identified and their boundaries estimated using the

procedures outlined in the Regional Supplement to the Corps of Engineers Wetland Delineation

Manual: Eastern Mountains and Piedmont Region Version 2.0 (Regional Supplement) (U.S.

Army Corps of Engineers, 2012).

The project area was also screened for the presence of areas that meet the criteria for “other

waters of the U.S.” These areas consist of ephemeral, intermittent, and perennial streams, as well

as open water habitats such as ponds. Site drainage was determined by secondary source

information and in the field using current regulatory guidance. Drainage channels that exhibited

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“bed and bank” and an ordinary high water mark in the channel were identified and delineated as

jurisdictional streams. Drainage channels that did not exhibit an ordinary high water mark were

regarded as drainageways.

FIELD INVESTIGATION/RESULTS

The majority of the Project Area is maintained as a transmission line right-of-way and is mostly

devoid of woody vegetation. Several roads and driveways traverse the southern portion of the

Project Area. Several areas throughout the central and north central portions of the Project Area

were inundated and/or saturated at the time of the field investigation and exhibited a dominance

of narrow-leaf cattail (Typha angustifolia) and soft rush (Juncus effusus). These areas would be

subject to regulations pursuant to Section 404 of the Clean Water Act. One intermittent stream

was also identified in the north central portion of the Project Area.

Any proposed construction activities that would involve the placement of dredged or fill material

within the boundaries of the wetland areas or the intermittent stream are subject to regulations

pursuant to Section 404 of the Clean Water Act.

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REFERENCES

Lichvar, R.W. and Kartesz, J.T. 2009. North American Digital Flora: National Wetland Plant

List, version 2.4.0 (https://wetland_plants.usace.army.mil). U.S. Army Corps of Engineers,

Engineer Research and Development Center, Cold Regions Research and Engineering

Laboratory, Hanover, NH, and BONAP, Chapel Hill, NC. (June, 2012).

U.S. Army Corps of Engineers. 2012. Regional Supplement to the Corps of Engineers Wetland

Delineation Manual: Eastern Mountains and Piedmont Region Version 2.0, ed. J. F. Berkowitz,

J. S. Wakeley, R. W. Lichvar, C. V. Noble. ERDC/EL TR-12-9. Vicksburg, MS: U.S. Army

Engineer Research and Development Center.

United States Department of Agriculture, Natural Resources Conservation Service. 2010. Field

Indicators of Hydric Soils in the United States, Version 7.0. L.M. Vasilas, G.W. Hurt, and C.V.

Noble (eds.). USDA, NRCS, in cooperation with the National Technical Committee for Hydric

Soils.

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Figure 1

Aerial of the Project Area showing water resources.

Project Area

Approximate location and extent of wetland areas*

*Wetland extents as shown are approximate and do not represent the results of a formal wetland delineation.

Intermittent Stream

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Photograph 1

View facing north showing the north central portion of the Project Area.

Photograph 2

View facing south showing the northern portion of the of the Project Area in the foreground and

the southern portion of the Project Area in the background

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Photograph 3

View facing south showing the central portion of the Project Area.

Photograph 4

View facing south showing the southern portion of the Project Area.

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Photograph 5

View facing west showing a typical wetland area located within the Project Area.

Photograph 6

View facing southeast showing intermittent stream located in the north central portion of the

Project Area.