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FINAL
ORDER AN
ORDER DETERMINING NO UNREASONABLE ADVERSE EFFECT BY THE 34.5 kV RAPID
FEEDER ELECTRICAL LINE PROPOSED BY RAPPAHANNOCK ELECTRIC COOPERATIVE AND
DOMINION VIRGINIA POWER
WHEREAS, the Rappahannock Electric Cooperative and Dominion
Virginia Power have proposed jointly to construct a 34.5kV electric
rapid feeder line from the Oak Shade substation near Remington in
Fauquier County to a facility near the Clevenger’s Corner area in
Culpeper County that will relay power to the Orlean substation in
Fauquier County; and
WHEREAS, Rappahannock Electric Cooperative and Dominion Virginia
Power have identified a route involving the potential acquisition and
use of lands currently in the Southern Fauquier Agricultural and
Forestal District; and
WHEREAS, pursuant to the requirements contained in Virginia Code
Section 15.2-4313, the applicants have filed a report with the Board of
Supervisors entitled “Remington to Clevenger’s Corner:
Express Feeder Distribution Line, Fauquier County”; and
WHEREAS, the applicants state they have chosen the most economic
route for the project which requires acquisition of a 45-foot wide swath
of land parallel to, but outside of, an existing 150-foot Dominion
Virginia Power right-of-way on the Smith property and 19 feet on all
other properties; and
WHEREAS, the feeder line would provide improved electrical
service to some citizens of Fauquier County; and
WHEREAS, the alternative route for the feeder line would be
nearly ±3,700
feet longer, require additional acres of right-of-way acquisition,
disturb additional parcels and cost approximately $359,000 more; and
WHEREAS, the preferred route travels through three (3) parcels
that are part of the Southern Fauquier Agricultural and Forestal
District; and
WHEREAS, the Fauquier Agricultural and Forestal Advisory
Committee voted 8-0 on July 26, 2001 that the proposed project may
adversely affect the Southern Fauquier Agricultural and Forestal
District and notified the Board of Supervisors of this finding in a
letter of July 31, 2001; and
WHEREAS, the Fauquier County Planning Commission voted 3-0 on
July 30, 2001 to recommend the project’s proposed path while stating
the public should have an opportunity to comment on the placement for
the proposed rapid feeder line and notified the Board of Supervisors of
these findings in a memo of July 31, 2001; and
WHEREAS, the Fauquier County Board of Supervisors voted on August
20, 2001 to schedule a public hearing on the request for September 17,
2001 to receive public comment on the proposal and the alternative
route, in conformance with the requirements contained in the Code of
Virginia Section 15.2-4313; and
WHEREAS, the Board of Supervisors, in conformance with the
requirements contained in the Code of Virginia Section 15.2-4313, held a
public hearing; and
WHEREAS, the Board of Supervisors has reviewed the proposal
entitled “Remington to Clevenger’s Corner: Express Feeder
Distribution Line, Fauquier County” filed by Rappahannock Electric
Cooperative and Dominion Virginia Power; has received and reviewed
recommendations of the Agricultural and Forestal Advisory Committee and
the Planning Commission; has received and reviewed materials from County
staff; and
WHEREAS, the Board of Supervisors has determined that the impacts
of the proposed addition of a 34.5kV feeder line where a 500 kV lines
currently exist uniquely affect the only dairy farm located within the
agricultural and forestal district; and WHEREAS,
the Board of Supervisors has determined that by the imposition of
certain conditions it can mitigate the impacts of the proposed line on
the property located in the agricultural and forestal district and on
state and local policy; and WHEREAS,
by the imposition of the following conditions the Board of Supervisors
determines that it may make the following findings that the proposed
route for the 34.5kV feeder line: is
necessary to provide service to the public in the most economic and
practical manner, and is preferable to the alternative route around the
boundary of the Southern Fauquier Agricultural and Forestal District
that would require the acquisition of additional property and result in
more land disturbance than running parallel to the existing Dominion
Virginia Power 150-foot right-of-way, and will not have an unreasonably
adverse effect upon state or local policy; now,
therefore, be it
ORDERED by the Fauquier County Board of Supervisors this 5th day
of November 2001, That the Rappahannock Electric Cooperative and
Dominion Virginia Power be, and are hereby, allowed to locate the
proposed 34.5 kV rapid feeder electrical line in a 45-foot wide swath
adjacent to the existing 150-foot Dominion Virginia Power right-of-way
on the Cool Lawn Farms and 19 feet wide on all other properties, subject
to the following conditions: Conditions
Applicable to All Properties: 1.
No additional towers or lines shall be erected on the property located
within the agricultural and forestal district; 2.
Prior to increasing the voltage within the 34.5kV lines
Rappahannock Electric Cooperative and Dominion Virginia Power shall seek
and receive the approval of the Board of Supervisors; 3.
Notwithstanding any other condition contained herein to the
contrary should the governing body of any other jurisdiction approving a
portion of this electric line project require a less impactive method of
constructing the 35.4kV electric feeder line such construction method
shall also be used in this agricultural-forestal district.
Dominion Virginia Power and Rappahannock Electric Cooperative
shall have the right to apply to the Board of Supervisors to be relieved
from the obligations of this upon a showing that the less impactive
method imposed in the other jurisdiction would not result in a lessening
of the impact in this jurisdiction or would be uneconomical or
impracticable, which decision shall be in the sole discretion of the
Board of Supervisors; 4.
Rappahannock Electric Cooperative and Dominion Virginia Power
will include within any easement agreement executed with landowners
within the agricultural and forestal district a covenant against
expansion of the easement beyond that granted under this easement. Additional
Conditions Applicable only to dairy farms (Cool Lawn Farm) located in
the Southern Agricultural and Forestal District: In order to protect the
integrity of the agricultural use of dairy farm properties located
within the agricultural and forestal district and to alleviate any
unique impact of the proposed electric feeder line on dairy farms the
following additional conditions are imposed: 5.
The proposed 34.5kV rapid feeder electrical line shall be located
on the opposite side of the existing 500kV lines away from the farm
structures; 6.
Poles for the 34.5kV rapid feeder electrical line shall be
located only adjacent to the existing 500kV towers and shall be limited
to 3 poles and such crossover poles are as required; 7.
Rappahannock Electric Cooperative and Dominion Virginia Power
shall work with the farm owner to mitigate impacts related to
electricity and the dairy cows located on the farm; 8.
There shall not be additional discharge current impact outside of
the 34.5 kV easement area from the 34.5kV line.
Rappahannock Electric Cooperative and Dominion Virginia Power
will upon request conduct testing to determine whether the discharge
current exceeds the National Electrical Safety Code provisions
regulating discharge of electric current. If the discharge current
exceeds the National Electrical Safety Code regulations Rappahannock
Electric Cooperative and Dominion Virginia Power will create and
implement a plan to bring the level of discharge current into compliance
with the National Electrical Safety Code; and be it
ORDERED FURTHER, That the Board of Supervisors evidences its
intent that the conditions contained in this Final Order shall be
nonseverable; and, be it FINALLY ORDERED, That the County Administrator is hereby directed to serve a copy of this Final Order upon Rappahannock Electric Cooperative and Dominion Virginia Power by certified mail. |