2015-11-05_INSPECTION - M1985001 (2)

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south of the property boundary. They are therefore located approximately 1 foot outside what was believed to be the original permit boundary. Although LPEA does not have an easement agreement with them, the Helmericks believe that LPEA was acting in good faith, and therefore the Helmericks will abide by the conditions of the easement, even though that easement was granted by the person(s) who did not actually own the property. The Helmericks also recognize an obligation under the common law to NOT damage the LPEA property (the poles and powerline), or if their activities do damage that property, to make that damage good. (LPEA is also stating that another easement, which did not specify an actual alignment would cover obligations of the landowner and LPEA. This is clearly a matter outside my expertise and may require judicial action.) b. The correct property line has been surveyed and staked, and permanent markings are being put in place, showing both the correct and the incorrect lines, and the permit boundary, as described above. Photos are provided in the attachments. c. Timeline. 1985. Permit application made and 110 Permit issued by Division on 27 June 1985. 1990. LPEA obtains easement agreement with landowner to north for 15 -foot easement; builds powerline north of what was believed to be the property line and permit boundary). 1991. LPEA obtains a general easement agreement with Helmericks to provide power to Helmerick's property. 2015. Property line correctly surveyed. 2015 NOV. Permanent prominent markers installed. The locations were determined by surveying on 29 October 2015 and the markers (painted PVC posts) installed on 02-03 November 2015. d. Areas The correct property line is 16 feet N of what was thought to be the original property line, and the permit boundary line in 1985. The current highwall, at its nearest point, is at least 15 feet south of the powerline poles, and therefore at least 14 feet S of what was originally believed to be the property line, which is 30 feet south of the correct property line. The Helmericks will NOT make the top of the highwall any closer than 7.5 feet to power poles (unless the Division approves an engineering evaluation that determines doing so will not impact the lines). The 7.5 feet is the distance stated by LPEA. The highwall and affected area will also be kept at least 16 M1985001 Report on Issues 05 November 2015 Page 3