Agenda - 02-03-2009 - 6b - Laserfiche WebLink

Browse Search

134 Another pending issue that will be important to the Homestead Road easements is whether the ductbank will be routed down Homestead Road,across County property,or down Martin Luther King,Jr. Boulevard. The level of disruption caused to County property and the size of the final easement will be affected by this decision. The issue as I understand it revolves around the identification of wetlands or other sensitive property through which the ductbank would have to pass if it was installed along Homestead Road. You have informed me that the regulatory process for obtaining approval for routing the ductbank down Homestead Road may take nearly a year. Because the routing of the ductbank will fundamentally affect the type and quality of the disruption to County property and will affect the size of the easement,and due to the time delay that may result from a decision to route the easement along Homestead Road,it is my view that,if at all possible,UNC should decide on their routing prior to presentation of the LFG Agreement to the BOCC for final decision so that staff can inform the BOCC of the likely scope of disruption on County property and the approximate Effective Date of the agreement. I have raised this issue with Brian Ferrell,in the County attorney's office,and he has indicated that he will discuss the issue of the Effective Date of the Agreement with UNC's counsel,Will Tricomi,in the event that UNC will be unable to decide on the route of the ductbank before presenting the LFG Agreement to the BOCC for a final decision. I am not aware of any issues with the proposed easements across the property owned by Orange County and used for landfill purposes. The easement across the County owned portion of the"Greene Tract" should be acceptable as well. The only issue that I've heard concerning the Greene Tract is the possibility that the routing may take the LFG pipeline through a specimen tree or other highly valuable tree. David Stancil,with Orange County's Environmental Resource and Conservation Department,has directed his staff to walk the property in order to identify any such trees or other vegetation. We will notify you of the results of this investigation as soon as it is complete. The route may need to deviate slightly if such a tree was in danger of being destroyed. Once the issues listed above are resolved,then the process to convey the easements would begin. County staff will need to review and approve the easement plat maps(which will accurately describe the proposed easements across County property)and the proposed easement agreements before any construction on County property begins. Once staff approves the easement plat map and the easement agreements,then the plats and easements will be presented to the BOCC for final approval. Once approved by the BOCC,construction within the easements can begin. If you have any questions about this memo or need more information,please advise. I can be reached either by phone at(919)245-2313 or by email at klindley @co.orange.nc.us.