[Durham INC] U can help: DUKE ENERGYS DESTRUCTIVE TREE TRIMMING - They do not have a permit and we have a way to change their actions

[Debra Hawkins]

*** Please Cross Post ***

 

We are in a unique position to stop the damage being done to city trees by Duke Energy's radical tree trimming.

 

Duke Energy does not have the required city Master Permit that is required for them to conduct the tree trimming.  A quick background.  In 2005 A Service Contract - that is effect until 2020 - was signed between Durham and Duke Energy.  In that contract Duke agrees that "All work shall be conducted in accordance with City Requirements and other legally applicable requirements."  In a Service Contract also signed between Durham and Duke Energy there is a specific paragraph titled "Tree Trimming" that states "The trimming and pruning of trees shall conform to the City's Tree Ordinance."   Duke has not gotten the master permit required by the ordnance..

 

The City Ordinance allows the City Manager to have ultimate authority for the tree trimming.  Sec. 26-231 of the city ordinance titled "Public utility companies; master permit; conditions requires public utility companies (like Duke Energy) to obtain a master permit each year they trim.  The ordinance further states, " "trimming or other operations affecting a city tree shall be limited to the minimum trimming or other operations affecting a city tree that will allow the installation and maintenance of the public utility company line. The city manager and the public utility company shall jointly determine the extent of the trimming ... however the city manager shall have the ultimate authority as to the final determination."  Duke has not received a master permit.

 

Duke Energy is not in compliance with ANSI tree rimming standards and is damaging and accelerating the death of Durham's city trees.  According to staff in Durham's Landscape Services Division all tree trimming of city trees is required to meet ANSI standards.  The staff further said the standards limit the trimming of a tree to removal of no more than 25% of the trees canopy.  Duke's current seven year tree trimming cycle routinely removes 50% or more of the tree's canopy.  That level of damage weakens the tree and accelerates the trees death.  

 

The City is now aware of Duke's failure to have a master permit and is considering what action to take.  Duke's failure to comply with our city ordinance has been brought to the attention of the city.    The city attorney agrees that Duke is required to obtain a Master Permit.  It is my understanding that he will be meeting later this week with the City Manager to see what action should be taken.  We have the opportunity to make our wishes known and to require Duke Energy to comply with the law.

 

Please act now.  Contact the city council and they City Manager's office and let them know that you want: 1) The City Manager to require Duke Energy to comply with the city ordinance; 2) That Duke be required to be in full compliance with ANSI tree trimming standards; and, 3) That the City Manager allow Duke to conduct no more than a two or three year trimming cycle.   You can send an email that reaches all of the city council members and the mayor at Council at DurhamNC.gov  and the City Manager Thomas Bonfield at thomas.bonfield at DurhamNC.gov 

 

 

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