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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
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.
2 American Transmission Systems, Incorporated Former Burger 138 kV Transmission Lines Structure Addition Project
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.
3 American Transmission Systems, Incorporated Former Burger 138 kV Transmission Lines Structure Addition Project
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
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.
5 American Transmission Systems, Incorporated Former Burger 138 kV Transmission Lines Structure Addition Project
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
6 American Transmission Systems, Incorporated Former Burger 138 kV Transmission Lines Structure Addition Project
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.
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.
8 American Transmission Systems, Incorporated Former Burger 138 kV Transmission Lines Structure Addition Project
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.
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
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
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
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).
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
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
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
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
1
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.
2
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
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.