Florida Utilities Installation Adjustment Department

Florida Department of Transportation
Notice of Proposed Rule 14-46.001- Utilities Installation or Adjustment
Comes now, the Florida Electric Power Coordinating Group, (FCG) by and through its
undersigned counsel and pursuant to section l20.5aQ)@), Florida Statutes and the above
referenced notice of proposed rule, and files this information regarding a statement of estimated
regulatory costs regarding proposed rule 14-46.001- Utilities Installation or Adjustment, and
states the
following:
1.
The FCG is the umbrella organization in the State of Florida, which represents member
investor-owned electric utilities, rural electric cooperatives, and municipal electric
utilities on issues affecting the electric utility industry in the state.
2.
FCG has been the organization, tasked by the effected utilities, with the responsibility to
negotiate the content of the proposed rule 14-46.001, F.A.C.
3. The proposed rule adversely impacts the day-to-day
operations of the above referenced
utilities and cooperatives in the State of Florida.
4.
The proposed rule adversely impacts the day-to-day operations of the FCG.
5. Because the proposed rule impacts the day-to-day
operations of the above referenced
utilities and cooperatives, their substantive interest, as well as FCG's substantive interest,
are affected.
6.
The affected utilities as members of FCG have designated FCG as its representative in
this matter.
7.
Rule 14-46.001 incorporates by reference the Utilities Accommodation Manual (UAM).
8.
The Florida Department of Transportation (FDOT), has an existing rule 14-46.001,
adopted in20l0, which included the 2010 UAM as a part of that rule adoption.
9.
The FDOT has utilized the 2010 UAM, as the basis for regulating utilities use of FDOT
rights of way, from the adoption of the rule, in 2010, to the present.
10. FDOT in its "Notice of Proposed Rule," did not provide a "statement of Estimated
Regulatory Costs."
11. FDOT has made substantial changes to the 2010
UAM under its proposed rule to adopt
the 2015 version of the UAM.
12. FCG states that the proposed changes to rule 14-46.00I, F.
A. C., specifically the changes
to the 2010 UAM, will have an impact on the affected utilities, its representatives and the
FCG, in excess of $200,000.00, in the aggregate, in this state within I year.
13. Specifically, in one area alone, the requirements of section 3.17 .2.1, Tree Replacement,
of the UAM, will have an impact in excess of $200,000.00 per year on the industry.
Please see the document entitled "Proposal for a lower costs regulatory altemative which
is included as Attachment A)
14. FCG has provided the analysis of Tom Wientz, an international Society of Arboriculture,
Certified Arborist. Mr. Weintz has determined that the requirements of section 3.17.2 of
the UAM would cost more than $200,000.00 per year. (Attachment B).
15.The 2015 UAM imposes additional costs to the regulated utilities in changes to section
2.4.I, sections 16),I7), and 18).
16.
The 2010 UAM provided that trafhc control plans (TCPs) could consist of the FDOT
typical applications in UAM Section 1.5.1. The proposed 2015 UAM does not do so, but
instead suggests that site specific TCPs be drawn that comply with the series 600 Indexes
of the FDOT Design Standards. The 2015 UAM proposes to require utilities to explain in
sufficient detail as to how the right of way will be "restored" to the satisfaction of FDOT,
before a permit application will be approved, whereas section 337.402 simply requires
the utility to restore the right of way to its original condition before such damage. The
added effort will impose additional cost and permit approval times to utilities. In similar
fashion, the 2015 UAM proposes to require utilities to explain in sufficient detail how
erosion is to be controlled, with no specific guidelines.In the absence of such guidelines,
approvals will be subjective, and likely the cause of additional costs and permit approval
times.
17. Section 3.I4.3 provides:
3.14.3 Aboveground Utility Relocation, and Adjustment Requirements
FDOT may request the relocation or adjustment of existing aboveground utilities in order to construct
projects. When requested, the UAO shall comply with the following:
l) On projects intended to correct specific safety issues and not intended to bring all conditions within the
R/W to FDOT's standards, the UAO shall relocate or adjust the existing aboveground utilities that interfere
with the correction of the specific safety issue.
2) On projects designed to resurface the roadway, the UAO shall relocate the aboveground utilities to as
close to the R/W line as practical with regards to the aboveground utility practical considerations n IIAM
Seclion 3.14.5 whenthe aboveground utility meets either of the following conditions:
a) The aboveground utilþ has been hit three (3) or more times in the latest hve (5) year period,
b) The aboveground utility is located where the edge of travel lane is being moved closer to the
aboveground utility than prescribed n (IAM Section 3.14.4.
3) On FDOT projects other than projects described in l) and 2) above, the UAO shall relocate or adjust the
existing aboveground utilities to meet all the following conditions:
a) Where practical, behind existing barriers (such as guardrail, or concrete barriers), and not within the
barrier's deflection area.
b) Not within the median.
c) Outside the aboveground utility offsets in (lAM Section 3.14.4 and
d) As close to the R/W line as practical with regard to the aboveground utility practical considerations in
UAM Sectìon 3.14.5.
18. This section of the UAM is governed by section 337.403, Florida Statutes. That section
states that a utility is required to relocate when the utility is "uffeasonably interfering"
with the FDOT's use of the right of way. The above language greatly expands the
criteria for relocation and will increase cost to the utilities.
19. FCG represents that the new requirements of the 2015 UAM will impose additional costs
on the utility industry, in excess of $200,000.00 per year, in the aggregate in a year for
the first year.
20. FCG represents that the f,rrst year impact of the changes to the 2010 UAM, outlined in the
2015 UAM, are significant to the extent that they may likely to have an adverse impact
on economic growth, private sector job creation or employment, or private sector
investment in excess of $l million in the aggregate within 5 years after the
implementation of the rule.
21. FCG represents that should the rule have the impact outlined in paragraph 20, above, that
FDOT must submit the rule to the President of the Senate and Speaker of the House of
Representatives
22.FCG represents that the 2010 UAM has been adopted by the FDOT since 2010 and is
less costly alternative that substantially accomplish the statutory objectives, outlined
a
above.
23. FDOT in its notice of proposed rule, made the following statement regarding a statement
of estimated regulatory costs:
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE
RATIFICATION: The Agency has determined that this will not have an adverse impact on
small business or likely increase directly or indirectly regulatory costs in excess of
5200,000 in the aggregate within one year after the implementation of the rule. A
has not been prepared by the Agency.
SERC
24. FCG
states that, based on the information provided herein, FDOT is required to prepare
a statement of estimated regulatory costs.
25. Section 120.54(3Xb)
states:
(b) Special matters to be considered in rule adoption.1. Statement of estimated regulatory costs.-Before the adoption,
amendment,
or repeal of any rule other than an emergency rule, an agency is encouraged to
prepare a statement of estimated regulatory costs of the proposed rule, as provided
by s. 120.541. However, an agency must prepare a statement of estimated
regulatory costs of the proposed rule, as provided by s. 120.541, ifz
a. The proposed rule will have an adverse impact on small business; or
b. The proposed rule is likely to directly or indirectly increase regulatory
costs in excess of $200,000 in the aggregate in this state within I year after
the implementation of the rule. (Emphasis added)
26. Had FDOT determined that the impact of the proposed rule
was in excess
of
$200,000.00, FDOT by statute was required to prepare a statement of estimated
regulatory costs.
27.Regañless of the decision by FDOT not to provide a statement of estimated regulatory
costs, upon submission of this information regarding a statement of regulatory costs,
FDOT is required to prepare a statement of estimated regulatory costs.
28. Section 120.541(l)(b) states:
(b)
If a proposed rule will have an adverse impact on small
business or
if the
proposed rule is likely to directly or indirectly increase regulatory costs in excess
of $200,000 in the aggregate within
1
year after the implementation of the rule,
the agency shall prepare a statement of estimated regulatory costs as required by
s. 120.sa(3)(b)
Florida Department of Transportation
Notice of Proposed Rule 14-46.001- Utilities Installation or Adjustment
Proposal For A Lower Costs Regulatorv Alternative
Comes now, the Florida Electric Power Coordinating Group, (FCG) by and through its
undersigned counsel and pursuant to section l20SaQ)@),1, Florida Statutes and the above
referenced notice of proposed rule, and files this good faith written proposal for a lower costs
regulatory altemative to proposed rule 14-46.001 - Utilities Installation or Adjustment, and
states the
following:
1.
The FCG is the umbrella organization in the State of Florida, which represents member
investor-owned electric utilities, rural electric cooperatives, and municipal electric
utilities on issues affecting the electric utility industry in the state.
2.
The proposed rule adversely impacts the day-to-day operations of the above referenced
utilities and cooperatives in the State of Florida.
3.
The proposed rule adversely impacts the day-to-day operations of the FCG.
4.
Because the proposed rule impacts the day-to-day operations of the above referenced
utilities and cooperatives, their substantial interest,
as
well as FCG's substantive interest,
are affected.
5.
The members of FCG have designated FCG as it representative in this matter.
6.
Rule 14-46.001 incorporates by reference the Utilities Accommodation Manual (UAM).
7.
The FDOT has an existing rule 14-46.001, adopted in 2010, which included the UAM as
apart of that rule adoption.
8.
The FDOT has utilized the 2010 UAM, as the basis for regulating utilities use of FDOT
rights of way, from the adoption of the rule, in 2010, to the present.
9.
FDOT has made substantial changes to the 2010 UAM under its proposed rule, which
would adopt the 2015 version of the UAM.
ATTACHMENT A
10. Section 120.54(1Xd), Florida Statutes states:
(d)
ln adopting rules, atl agencies must, among the atternative approaches to any regutatory
objective and to the extent atlowed by [aw, choose the atternative that does not impose
regulatory costs on the regutated person, county, or city which could be reduced by the
adoption of less costly alternatives that substantiatty accomptish the statutory objectives.
1
1.
FDOT, as an agency of the state of Florida is required to abide by the above referenced
statutory section in rule adoption.
12. FCG states that FDOT has increased regulatory costs to
utilities regarding tree
replacement costs in the 2015 UAM, as outlined in the proposed rule.
for in the 2010 UAM is a less costly
altemative to the 2015 UAM, regarding tree replacement costs.
13. FCG represents that the language provided
UAM was adopted by FDOT, it is by default a viable alternative to the
2015 UAM outlined tree replacement costs.
14. Since the 2010
"information regarding a statement of estimated regulatory costs,";
provided separately, the tree replacement costs outlined in the 2015 UAM will exceed by
at least $200,000.00 per year the costs of tree replacement under the 2010 UAM.
15. As outlined in the
UAM tree replacement costs is a less costly alternative to the 2015
UAM tree replacement costs and because it complies with the statutory requirements, it
16. Therefore, the 2010
substantially accomplishes the statutory objectives of FDOT.
I7 . To that end,
FDOT has referenced section s 337 .401 , 337 .402,
337 .403 and 337 .405 , as
the laws to be implemented, under the proposed rule.
18. Section 337.402,
Florida Statutes states:
337.4O2 Damage to public road caused by utility.-When any pubtic road or pubticty owned
raiI corridor is damaged or impaired in any way because of the insta[[ation, inspection, or
repair of a utility located on such road or publicty owned raiI corridor, the owner of the utitity
sha[[, at his or her own expense, restore the road or pubticly owned rail corridor to its original
condition before such damage.
19. This section provides the means and methods for a
road by a
utility to restore damage to a public
utility and only requires the restoration of the road to its original condition.
20.To accomplish the intent of this section in the 2010 UAM, FDOT provided the following
language:
4.6.2Tree Trimming
The UAO shall trim trees to ensure and maintain the safe operation of utilities. Such trimming shall employ
recognized and approved methods of modern vegetation control, with emphasis on tree health. When
trimming does irreparable damage or causes trees or shrubs to die, the UAO shall replace this vegetation as
described in the UAM Section 4.5. The UAO may use mechanical tree trimming machines for routine
maintenance. The UAO shall remove all waste and debris associated with the trimming from R"/W unless
FDOT specifies otherwise in writing.
21. Section 4.5 of the 2010 UAM stated the following:
4.5 RESTORATION 4.5.1 Restoration of Pavement When restoring pavement, the UAO shall do all of the
following:
l) Maintain temporary patches providing a smooth, all weather surfaces at all times until all other
installation work is complete.
2) Notifo the Local Maintenance Engineer at least forty-eight (48) hours prior to application of the
permanent patches.
3) Install permanent patches as soon as all other installation work is completed.
4) Maintain the permanent patches for a period of two (2) years from the date of installation. To reduce the
time traffic is taken off of an existing facility, FDOT may approve the use of flowable fill.
4.5.2 Restoration of Landscape
Except for trees or shrubs removed in accordance with the permit for purposes of complying with
horizontal clearances, the UAO shall replace all planted or naturally occurring trees and shrubbery
irreparably damaged or destroyed by the UAO during utility work on the R/V/. Such replacements shall be
like-sized. The UAO shall determine replacement plant sizes as follows:
l) If existing trees or shrubs have a clear trunk up to the diameter at breast height (DBH) measured four
and one-half (4.5) feet above the ground, the UAO shall calculate the total DBH of affected trees and/or
shrubbery.
2) If the trunk has vegetation and does not have a clear area below the DBH, the UAO shall calculate the
total average height ofaffected trees and/or shrubs.
The UAO shall do all of the following:
l) Measure trees and shrubs before cutting to determine DBH.
2) Measure replacement material in the nursery industry standard of caliper inches (measured six (6) inches
above grade of nursery stock). FDOT shall direct which replacement method is appropriate for trees or
shrubs cut down before measurement.
On FDOT approved landscape projects, the UAO shall notifo the maintainer of the landscape (typically the
local government) and the Local Maintenance Engineer, of the scope of work to be done.
22.The 2015 UAM provides the following language for the same regulatory process outlined
above in the 2010 UAM. It states:
3.18.2 Tree Trimming
The UAO shall trim trees to ensure the safe installation, maintenance, and operation of the UAO's utilities.
Where the UAO trims trees, the UAO shall comply with the,4N^11 A300 Standurd Prsctices. Where
trimming does irreparable damage to a tree, the UAO shall replace or pay for the tree as described n UAM
Seclion 3.17.2. Such trimming shall employ recognized and approved methods of modern vegetation
control, with emphasis on tree health. The UAO may use mechanical tree trimming machines for routine
maintenance. The UAO shall remove all waste and debris associated with the trimming from the R/W
unless FDOT specifies otherwise in writing.
I
ZZ. Section 3.172 of the20l5 UAM provides the following procedures:
3.17 Restoration
3.17.1 Restoration of Pavement
When restoring pavement, the UAO shall do all of the following:
l)
2)
Maintain temporary patches providing a smooth, all weather surface at all times until all other
installation work is complete.
Notifl the Local Maintenance Engineer at least two (2) business days prior to application of the
3)
4)
permanent patches.
Install permanent patches as soon as all other installation work is completed.
Maintain the permanent patches for a period of two (2) years from the date of installation.
To reduce the time traffrc is taken off of an existing facility, FDOT may approve the use of flowable
fill.
3.17.2 Reptacement or Payment For Trees
The UAO shall replace trees removed or irreparably damaged by the UAO. In lieu of replacing trees, the
UAO may elect to pay FDOT for the value of the trees as determined below. The UAO is not obligated to
replace or pay for trees with offsets less than the offsets established for aboveground utilities described in
UAM Seclíon 3.14.4. The UAO is not obligated to replace or pay for trees that are listed as a Category I
invasive species in the Invasive Species Lisl. The UAO shall attach to a permit application a plan view
showing the boundary where trees are to be removed.
3.17.2.1 Tree Replacement
For a tree replacement, the UAO shall do all of the following:
1)
2)
3)
Provide a plan view showing the boundary where trees are to be removed.
Provide the mitigation value, as determined by a tree appraiser with the qualifications described in
UAM Section 3.17.2.3 of all trees to be removed in accordance with "Determining the Mitigation
Value of Roadside Vegetation" as incorporated in Rule 14-10.057, F.A.C.
Show in the permit application the replanting locations approved by the Local Maintenance
Engineer.
4)
Replant an equal value of trees in accordance with Florida #1 as described in the Grades and
for Nursery Planls and the approved permit.
Maintain the replanted trees for a period of one (l) year to Florida #1 as described in the Grades
and Stundards for Nursery Plants.
Standards
5)
3.17.2.2 Payment for Trees
For payment, the UAO shall do all of the following:
1)
2)
Provide a plan view showing the boundary where trees are to be removed.
Provide the mitigation value, as determined by a tree appraiser with the qualifications described in
UAM Section 3.17.2.3 of all trees to be removed in accordance with "Determining the Mitigation
Value of Roadside Vegetation" as incorporated in Rule 14-10.057, F.A.C.
3)
3.17 .2.3
Pay FDOT the mitigation value ten (10) days prior to the required two (2) day notihcation in
UAM Section 2.1(5).
Tree Appraiser Qualifications
Those determining the mitigation value shall have one of the following:
l)
Approval from both FDOT and the UAO as an individual qualified to perform the mitigation
2)
3)
Registration as a Landscape Architect pursuant to Chapter 481, Pørt II, F.S.
Certification from the International Society of Arboriculture (ISA) as a Certified Arborist with
advanced haining in roadside vegetation or equivalent credentials from another nationally
recognized arboricultural organization.
value.
24.The 2015 UAM imposes additional costs to the regulated utilities in changes to section
2.4.I, sections 16), 17, and 18). The 2010 UAM tied the traffic control plan to the FDOT
design standards to be used with the traffic control plan. The proposed 2015 UAM does
not do so. The 2015 UAM will require increased costs to utilities due to not providing
direction to utilities on how to provide information to FDOT on erosion control. [suggest
this mirror the language contained in other documentl
25. Section 3.14.3 provides:
3.14.3 Aboveground Utility Relocation, and Adjustment Requ¡rements
FDOT may request the relocation or adjustment of existing aboveground utilities in order to construct
projects. When requested, the UAO shall comply with the following:
1) On projects intended to correct specific safety issues and not intended to bring all conditions within the
R/W to FDOT's standards, the UAO shall relocate or adjust the existing aboveground utilities that interfere
with the correction of the specific safety issue.
2) On projects designed to resurface the roadway, the UAO shall relocate the aboveground utilities to as
close to the R/W line as practical with regards to the aboveground utilþ practical considerations in UAM
Section 3.14.5 when the aboveground utility meets either of the following conditions:
a) The aboveground utility has been hit three (3) or more times in the latest five (5) year period,
b) The aboveground utility is located where the edge of havel lane is being moved closer to the
aboveground utility than prescribed in UAM Sectìon 3.14.4.
3) On FDOT projects other than projects described in 1) and 2) above, the UAO shall relocate or adjust the
existing aboveground utilities to meet all the following conditions:
a) Where practical, behind existing barriers (such as guardrail, or concrete barriers), and not within the
barrier's deflection area.
b) Not within the median.
c) Outside the aboveground utility offsets in UAM Section 3.14.4 and
d) As close to the R/W line as practical with regard to the aboveground utility practical considerations in
UAM Section 3.14.5.
26. This section of the UAM is governed by section 337.403, Florida Statutes. That section
states that the utilities are required to relocate when the utility is "unreasonably
interfering" with the FDOT use of the right of way. The above language expands the
criteria for relocation and will increase costs to the utilities.
27. Section 2.3.1 under the 2015 UAM imposes additional costs as compared to the similar
language in the 2010 UAM. This is because the new language of the 2015 UAM requires
a permit when it was not required before. Section 2.3.1 of the 2015 UAM provides:
2.3 Work Not Requiring New Permits
2.3.1 Work Types
The UAO may perform work on the UAO's previously permitted utilities without applying for a new permit for only
the work types listed below and when the work constrants in UAM Sectìon 2.3.2 are followed:
l)
2)
Placement of mid-span poles, replacement of existing poles, removal
service poles in compliance with UAM Seclion 3.14.
Placement
of
underground service lines
in
of existing poles or placement of
compliance with UAM Section 3.16.7 provided they
are
perpendicular to the roadway.
3)
4)
5)
6)
7)
8)
9)
Temporary utility work approved by the FDOT Resident/Project Engineer during FDOT construction
projects in compliance with UAM Section 2.1(2).
Maintenance, replacement, alterations or additions of aerial components on existing pole lines.
Maintenance, alterations, but not the replacement, of existing underground utilities.
Placing and/or removing utilities within existing conduits, provided no additional pull-boxes or other utility
appurtenances are installed.
Installation of antennae for remote metering or switching devices to operate the permitted utility provided
no excavation is performed.
Vegetation control in compliance with UAM Section 3.18.
Potholing for physical exposure of underground utilities in accordance with UAM Sectìon 2.1(9).
zs. The similar section of the 2010 UAM is section 3.3.I. it provides:
3.3 WORK NOT REQUTRTNG NEW PERMITS 3.3.1
Work Types The UAO shall not perform the work on previously permitted utilities without obtaining a new
permit unless the type of work is listed below and limited to the UAO's own facilities and the work
conshaints in UAM Section 3.3.2:
l) Placement of mid-span poles, replacement of existing poles, removal of existing poles or placement of
service poles in compliance with UAM Section 4.2.2.
2) Placement of underground service lines in compliance with UAM Section 4.3.8 provided trenching is
perpendicular to the roadway.
3) Temporary utility work approved by the FDOT Resident/Project Engineer during FDOT construction
projects.
4) Maintenance, replacement, alterations or additions of aerial components on existing pole lines.
5) Maintenance, but not the replacement, of existing underground facilities.
6) Placing additional lines or ducts within existing conduits, provided no additional conduit, pullboxes or
other utility appurtenances are installed.
7) Installation of antennae for remote communication or switching devices to operate the permitted utility
provided no excavation is performed.
8) Tree trimming as described in UAM Section 4.6.2.
9) Routine maintenance of vegetation as described in UAM Section 4.6.3.
l0) Potholing for physical exposure of buried utilities in accordance with UAM Section 4.9. The UAO
shall be responsible under the original permit for any added lines or other utility modif,rcations for which a
new permit was not required. The UAO shall not add third party facilities or use on FDOT R"/W without a
utility permit.
29.The changes to this section will impose additional costs to the utility industry because of
the requirement for permits.
30. FCG would submit that the 2010 requirements are a lower costs alternative to the 2015
requirements.
31. FDOT has added language to section 2.4.1,2), f) of the 2015 UAM. This added language
will increase costs to the utility industry. That language states:
f) For trenchless installations, the proposed method of installation, materials, function, type, size of
proposed installation and largest reamer when used., bore diameter, and any areas ofexcavation such entry
points, exit points, slurry pits, relief and or observation holes when used.
32.The 2010 UAM for section 3.4.1,2),f) provided the following:
f) For trenchless
installations, the proposed method
of
installation, materials, function, type, size of
proposed installation and largest reamer when used.
33.
FCG represents that the changed language
will
require increase costs
to the utility
industry.
34. FCG request that the FDOT keep the language
altemative.
in the 2010 UAM as a lower
35. Section 3.14.6 of the 2015 UAM imposes additional costs on the
requiring permits. That language states:
costs
Utility Industry by
3.14.6 Pole Replacement and Service Pole Installation.
The UAO may remove and replace poles consistent in compliance with the requirements of the replaced
pole was originally permitted under. The UAO shall install service poles outside the aboveground utility
offsets in UAM Section 3.14.4 and as close to the R/W line as practical.
36. The 2010 version of this language did not require permits: it states:
3.3.1 V/ork Types The UAO shall not perform the work on previously permitted utilities without obtaining
a new permit unless the type of work is listed below and limited to the UAO's own facilities and the work
constraints in UAM Section 3.3.2: l) Placement of mid-span poles, replacement of existing poles, removal
of existing poles or placement of service poles in compliance with UAM Section 4.2.2
37. The additional requirement of permits will result in increased costs to the utility industry.
38. FCG request that the FDOT keep the language
altemative.
in the 2010 UAM as a lower
costs
39. Section 4.2 of the 2015 UAM, if adopted will result in increased costs to the utility
industry. That section has stricken language that allow for options for the utility industry.
It provides:
4.2 Yertical Clearance
The UAO shall provide at least twenty-four (24) feet vertical clearance for aboveground
utilþ
utilities
above any limited access roadway.
40. The language in the 2010 UAM is located in section 4.8.2. That language states:
4.8.2Yertical Clearance The UAO shall provide at least twenty-four Q4) feet vertical clearance for aerial
facilities above any limited access roadway. The UAO shall comply with this section unless a utility
exception to these requirements is approved in accordance with UAM Chapter 5.
41. The elimination of exceptions to this section will impose additional costs on the utility
industry.
42.FCG request that the FDOT keep the language in the 2010 UAM as a lower costs
alternative.
43. Section 2.3.2 of the 2015 UAM now requires permits. Permits were not required under
the 2010 UAM. The 2015 UAM states.
2.3.2 Work Constraints
To perform the work in UAM Section 2.3.1, the UAO shall comply with all of the following conditions;
otherwise, a new permit is required:
1) The UAO shall notify the appropriate maintenance engineer of the location, general scope and timeframe
of the work. The UAO may immediately commence work after notification when the work is anticipated to
take two (2) hours or less to complete. The UAO shall not commence work earlier than two (2) business
days after notification when the work is anticipated to take more than two (2) hours.
2) The UAO shall restore FDOT R/W to the condition prior to the work within seventy-two (72) hours of
completion of the work.
3) The UAO shall be responsible under the original permit for any added lines or other utility modifrcations
for which a new permit was not required.
4) The UAO shall maintain vehicular and pedestrian trafhc using the FDOT 2014 Design Støndurds
indexes listed below:
Index Title
600 General Information for Traffrc Control Through Work Zones
601 Two-Lane, Two-Way, Work Outside Shoulder
602Two-Lane, Two-Way, Work On Shoulder
603 Two-Lane, Two-Way, V/ork Within the Travel Lane
604 Two-Lane, Two-Way, Vy'ork In Intersectio
605 Two-Lane, Two-Way, Work Near Intersection
611 Multilane, Work Outside Shoulder
612 Multilane, Work On Shoulder
613 Multilane, Work Within the Travel Lane - Median or Outside Lane
615 Multilane, Vy'ork In Intersections
616 Multilane, Work Near Intersection - Median or Outside Lane
I
I
I
660 Pedestrian Control for Closure of Sidewalk
44.The stricken language will require permits, which will increase costs to the utility
industry.
45. Permits were not required under the 2010 UAM.
46. FCG request that the FDOT keep the language
alternative.
in the 2010 UAM as a lower costs
47.FCG represents that the new requirements of the 2015 UAM will impose additional costs
on the utility industry.
48. FCG represents that the 2010 UAM has been adopted by the FDOT since 2010 and is a
less costly alternatives that substantially accomplish the statutory objectives, outlined
above.
49. Pursuant to Section 120.541, Florida Statutes, FCG request that the FDOT not adopt the
above referenced language in the 2015 UAM
50. For the reasons outlined above, FCG request that FDOT continue to use the language
provided for in the 2010 UAM, in all pertinent sections.
51. Pursuant to Section 120.541, Florida Statues, FCG request that FDOT prepare a
statement of estimated regulatory costs as provided in section 120,541(2), Florida
Statutes.
November 10,2015
Williams
J\ ENVIROCHEM
L:Ii
i',r( lLli,.i Il]r!r,)lrrrl,rl.r LI
ì 1l1i' \ .¡Ll,'¡,1 l)rr.,
:,, 1-¡, r [l
I,iDTNVIRONMENTAL
:r
i
I
I'lrone l{}'/.-ill9,ll I li¡
tIrit
rt t
rgtl;Llitriìtìl;ilrtgfi
i.Coi¡t
November 9,2015
Williams Law Group, P.A.
Thornton V/illiams
800 N. Calhoun Street, Suite
Tallahassee, Florida 32303
RE:
lB
Preliminary review and opinion of economic impact of UAM 2015 changes (Section 3.17.2 Restoration)
Mr. Williams:
After reviewing of the document 2015 UAM (section 3.17.2) and our prior discussions, I feel I
can help shed some further light on the
matter from an arboreal standing. Since 2006, I have been working with the FAC I 4-1 0.057 (previously 14-40.030) in a consultation
capacity to the outdoor advertising industry. I have handled many individual vegetation permit applications with mitigation plans and
calculations to the FDOT under this section of the FAC and I am quite familiar with the cited mitigation methodolo gy "Determining
the Mitigation Value of Roadside Vegetation" as incorporatedin FAC 14-10.057.
As it relates to mitigation plans I have worked with, calculated, and subsequently have been approved by the FDOT, I will list the
following values þer inch of diameter) for some common species found in the roadside environment (these are taken from some of
my most recent mitigation plans and calculations). Please feel free to share this with your client and their foresters / right-of-way
managers:
'
'
Oak Species (Quercus) using a Live Oak (Quercus virgíniana) replacement value derived from wholesale nursery prices:
o Less than 6" diameter tree - $91 .67 to $98.33 (per inch removed)
o 6" - 36" diameter tree - $ 187.50 ro fi235.42 þer inch removed)
Sabal Palm (Sabal palmetto) using a Sabal Palm (Sabal palmetto) replacement value derived from wholesale nursery prices:
o 8'-20' tall tree - $126.88 (per tree removed)
For the sake of time, I will keep this brief, and allow this to serve as a cost example for your clients to start with, so they can then
research their own inventories and begin to estimate and assess the economic impact to their organization. It is my professional
over $200.000 upon the utility indus4v as an aggregate across the entire State ofFlorida.
Please take note that the mitigation methodology set forth is based upon finding the wholesale nursery prices for at least 3 different
nurseries with the same species and size (caliper/diameter for trees, feet/height for palms). As you might imagine this can be a
cumbersome task alone. Many times the species cannot be located in the required size and therefore replacement species values have
to be substituted in, which in many cases will be the Live Oak (Quercus virginiana) valuation due to its widespread availability and
stable market prices. Many times we will also look to the Florida Grades and Standards to find other species in the same matrix that
would be suitable replacement values to use in lieu of the species being removed (mitigated for).
Sincerely,
EnviroChem Environment al LLC
z/ø
Thomas M. Weintz
President
ISA Certified Arborist FL-5436A
ATTACHMENT
Enclosures
B
Tree
Species:
Queicusvitginlona
/
løu¡tolio
67
t34
2
Method 2 lt¡ees 6"-36"1
2
Nursery prices for a 6" (200 cal) Quercus vitg¡nÍond
2
Calusa
2
County Line
creek
Ornamental
$o.oo
2
s900.0o
div by2
2
2
2
Price
installation multiplier
replacement tree
Avg
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
Total inches removed
Avg price per inch
Total mitigãtion válue
= diminution (depreciation) factor (the higherthe number, the h¡gher qual¡ty of tree)
r+Mitigation method based upon: http://www.dot.state.fl.us/emo/beauty/Determin¡ng%20M¡tigationg62ovalues%2OlSA.pdf
Method 1 (5" caliper ôr less) replacement cost méthod
Melhod 2 (6'L 36" caliper) replacemenl cost method
5450.00
2
2
*DF
S450.00
5450.00
25
51,125.00
div by 6"
per d¡ameter inch
cost
5187,50
Tree
Species:
Quercvs r¡irginíanø
L
0.4
Fair
2
0.4
Fair
3
o.4
Fair
4
0.4
Fair
5
o.2
Poor
6
0.4
Fait
7
o.4
Fai¡
9
o.4
Fair
10
0.4
Fair
11
o.4
Fair
L2
o.4
Fair
13
o.4
Fair
IA
0.4
Fair
15
0.4
Fa¡r
16
0.4
Fair
/
louriÍoliø
2.3
3.2
2.4
2
2.2
2.4
3.9
3
2.4
2.7
3.7
2.5
2.7
2.2
z-4
0.92
1
1.28
7
0.8
I
!
0.96
0.44
1
0.96
7
1.56
7
L.2
1
0.96
t
1.08
1
1.48
1
r
I
0.84
1
0.88
1
0.96
t
1
1
1
7
1
1,
1
!
1
1
1
1
1
t
1
t
1
1
Total inches temoved
Avg pr¡ce pet inch
Total mitigation value
aDF
=
diminution (deprèqlation) factqr (the h¡ghei the number, the higher quEl¡ty of tree)
"Miti8ation method
based upqn: http://wwdot.state.fl.!s/emo¡/beauty/Deteim¡n¡ngy¿20Mitigation%2OValues%20lSA.þdl
Mèthod 1 (6" caliper or less) replacement cost methôd
Method 2 (6'L 36" callÞer) repfacemeDt cost method
Method 1 ltrees uo to 6"1
s275.00
div by 3
Price
installation multiplier
replacement tree
Avg
591.67
2.5
5229.L7
div by 2.5"
per díameter inch
cost
SBf.sz
EÉ
Method 1 lÙees uD to 6"1
div by 2.5"
per dleñeter inch
cost
$98.33
Quercus vißrn¡ønd
Tree Species:
2
o.7
5
o.7
7
o.7
74.6
7I
8.6
t0.22
Method 2 ltrees 6"-36"ì
5.46
Nursery prices for a 6" (200 gal) Quercus v¡rg¡n¡ono
6.02
Calusa Creek
s450 00
County Line Orna
s4so 00
Becker Tree
s79s 00
s1,69s oo
div by 3
Price
¡nstallation multiplier
replacement tree
Avg
5565.00
2.5
51,412.50
div by 6"
per d¡ameter ¡nch
Total inches removed
27.7
Avg price per ¡nch
S23s.4z
Total m¡tigation value
+DF
**
= d¡minution (deprec¡ation) factor (the h¡gherthe number, the higher quality
s5,108.61
oftree)
Miti8ation method based upoo: http://www dot state.fl.us/emo/beauty/Determin¡nB%2OMitigation%2ovalues%2Ol5A. pdf
Method 1 (6" caliper or less) replacement cost method
Method 2 (6'L 36" caliper) replacement cost method
cost
52!5.42
Sabal Palm Mitiqation Galculation
(f) l1'
tall Sabal Palm fiees (Sabal pøImetto) are removed
A replacement 8'-12' tall Sabal Palm (Sabal palmelto) averages $68.33 per tree:
Nursery pricès for a 8'-20'Sabal Palm
Gateway
A Qual¡ty
J& J
Farms
Plant
575.00
565.00
Pàlms
S6s oo
s20s.00
dlv by 3
Avg Price/Replacement
'
.
.
.
$68.33 x 2.5 (install cost factor)
:
$
1
Tree
568.33
70.83 per tree
$170.83xdiminution of *'lAYó:$119.58
Mitigation cost per tree : $l 19.58
Total number of trees to be removed
(l)
x $119.58: $119.58
(deprec¡ãt¡on) factor (the h¡gher the number, the h¡gher quality oftree)
'DF = dimihutión