Chapter 4906-5 Certificate Applications for Electric Transmission Facilities and Gas Pipelines

4906-5-01 Purpose and scope.

(A) This chapter sets forth the requirements for the filing of standard certificate applications for electric transmission facilities and gas pipelines.

(B) The board may, upon an application or motion filed by a party, waive any requirement of this chapter other than a requirement mandated by statute.

Effective: 12/11/2015
Five Year Review (FYR) Dates: 11/30/2020
Promulgated Under: 111.15
Statutory Authority: 4906.03
Rule Amplifies: 4906.03, 4906.04, 4906.06

4906-5-02 Project summary and applicant information.

(A) The applicant shall provide a summary of the proposed project. The summary should be suitable as a reference for state and local governments and for the public. The summary shall include the following:

(1) A statement explaining the general purpose of the facility.

(2) A description of the general location, size, and operating characteristics of the proposed facility.

(3) A discussion of the suitability of the preferred and alternate routes for the proposed facility.

(4) An explanation of the project schedule (a Gantt chart is acceptable).

(B) The applicant shall provide a brief description of the applicant's history, affiliate relationships, and current operations, and a description of the company that will construct and operate the facility, if different from the applicant.

Replaces: 4906-15-01

Effective: 12/11/2015
Five Year Review (FYR) Dates: 11/30/2020
Promulgated Under: 111.15
Statutory Authority: 4906.03
Rule Amplifies: 4906.03, 4906.04, 4906.06, 4906.10
Prior Effective Dates: 12/27/76, 10/10/78, 7/7/80, 7/7/88, 8/28/98, 12/15/03, 1/25/09

4906-5-03 Review of need and schedule.

(A) The applicant shall provide a statement explaining the need for the proposed facility, including a listing of the factors upon which it relied to reach that conclusion and references to the most recent long-term forecast report (if applicable).

(1) The applicant shall explain the purpose of the proposed facility.

(2) The applicant shall provide specific projections of system conditions, local requirements, or any other pertinent factors that impacted the applicant's opinion on the need for the proposed facility.

(3) The applicant shall provide relevant load flow studies and contingency analyses, if appropriate, identifying the need for system improvement.

(4) For electric power transmission facilities, the applicant shall present load flow data in the form of transcription diagrams depicting system performance with and without the proposed facility.

(5) For gas pipeline projects, the applicant shall provide one copy in electronic format of the relevant base case system data on diskette, in a format acceptable to the board staff, with a description of the analysis program and the data format.

(B) The applicant shall explain how the facility fits into regional expansion plans.

(1) For electric power transmission lines and associated facilities, the applicant shall provide a brief statement of how the proposed facility and site/route alternatives fit into the applicant's most recent long-term electric forecast report and the regional plans for expansion, including, but not limited to, the following:

(a) Reference to any description of the proposed facility and site/route alternatives in the most recent long-term electric forecast report of the applicant.

(b) If no description was contained in the most recent long-term electric forecast report, an explanation as to why none was filed in the most recent long-term electric forecast report.

(c) Reference to regional expansion plans, when applicable (if the transmission project will not affect regional plans, the applicant shall so state).

(2) For gas pipelines and associated facilities, the applicant shall provide a brief statement of how the proposed facility and site/route alternatives fit into the applicant's most recent long-term gas forecast report, including the following:

(a) Reference to any description of the proposed facility and site/route alternatives in the most recent long-term gas forecast report of the applicant.

(b) If no description was contained in the most recent long-term gas forecast report, an explanation as to why none was filed in the most recent long-term gas forecast report.

(C) For electric power transmission facilities, the applicant shall provide an analysis of the impact of the proposed facility on the electric power system economy and reliability. The impact of the proposed facility on all interconnected utility systems shall be evaluated, and all conclusions shall be supported by relevant load flow studies.

(D) For electric power transmission lines, the applicant shall provide an analysis and evaluation of the options considered which would eliminate the need for construction of an electric power transmission line, including electric power generation options and options involving changes to existing and planned electric power transmission substations.

(E) The applicant shall describe why the proposed facility was selected to meet the projected need. The applicant shall also describe how the facility will serve the public interest, convenience, and necessity.

(F) The applicant shall provide a detailed project schedule.

(1) The applicant shall provide a proposed schedule in Gantt chart format covering all major activities and milestones, including:

(a) Preparation of the application.

(b) Submittal of the application for certificate.

(c) Issuance of the certificate.

(d) Receipt of grid interconnection studies and other critical path milestones for project construction.

(e) Acquisition of rights-of-way and land rights for the certified facility.

(f) Preparation of the final design.

(g) Construction of the facility.

(h) Placement of the facility in service.

(2) The applicant shall describe the potential impact of critical delays on the in-service date.

Replaces: 4906-15-02

Effective: 12/11/2015
Five Year Review (FYR) Dates: 11/30/2020
Promulgated Under: 111.15
Statutory Authority: 4906.03
Rule Amplifies: 4906.03, 4906.04, 4906.06, 4906.10
Prior Effective Dates: 12/27/76, 11/6/78, 7/7/80, 7/7/88, 8/28/98, 12/15/03, 1/25/09

4906-5-04 Route alternatives analysis.

(A) The applicant shall conduct a site and route selection study prior to submitting an application for an electric power transmission line or gas pipeline, and associated facilities. The study shall be designed to evaluate all practicable sites, routes, and route segments for the proposed facility within the study area.

(1) The applicant shall provide a description of the study area, or the geographic boundaries of the area considered for development of the project, including the rationale for the selection.

(2) The applicant shall provide a map of suitable scale that depicts the boundary of the study area and all siting constraints and/or suitability analysis utilized for the study.

(3) The applicant shall provide a map of suitable scale that depicts the boundary of the study area and the routes, route segments, and sites which were evaluated.

(4) The applicant shall provide a comprehensive list and description of all qualitative and quantitative siting criteria utilized by the applicant, including any weighting values assigned to each.

(5) The applicant shall provide a description of the process by which the applicant utilized the siting criteria to determine the preferred and alternate routes and sites.

(6) The applicant shall provide a description of the routes and sites selected for evaluation, and the factors and rationale used by the applicant for selecting the preferred and alternate routes and sites.

(B) The applicant shall provide a summary table comparing the routes, route segments, and sites, utilizing the technical, financial, environmental, socioeconomic, and other factors identified in the study. Design and equipment alternatives shall be included where the use of such alternatives influenced the siting decision.

(C) The applicant shall describe all public involvement that was undertaken in the site/route selection process. The applicant shall provide a description of how many and what types of comments were received.

Replaces: 4906-15-03

Effective: 12/11/2015
Five Year Review (FYR) Dates: 11/30/2020
Promulgated Under: 111.15
Statutory Authority: 4906.03
Rule Amplifies: 4906.03, 4906.04, 4906.06, 4906.10
Prior Effective Dates: 12/27/76, 11/6/78, 7/7/80, 7/7/88, 8/28/98, 12/15/03, 1/25/09

4906-5-05 Project description.

(A) The applicant shall provide a description of the project area's geography, topography, population centers, major industries, and landmarks.

(1) The applicant shall provide a map of not less than at least 1:24,000 scale, including the area one thousand feet on each side of a transmission line or pipeline alignment, and the area within one thousand feet of a substation site or compressor station site, which shall include the following features:

(a) The proposed transmission line or pipeline alignments.

(b) The proposed substation or compressor station site locations.

(c) Roads and railroads.

(d) Major institutions, parks, and recreational areas that are publicly identified and publicly owned.

(e) Existing gas pipeline and electric transmission line corridors.

(f) Named lakes, reservoirs, streams, canals, and rivers.

(g) Population centers and legal boundaries of cities, villages, townships, and counties.

(2) The applicant shall provide the area, in acres, of the proposed right-of-way for the facility, the length of the transmission line or pipeline, in miles, and the number of properties crossed by the facility.

(B) The applicant shall provide information on the facility layout for each route/site alternative, and a description of the installation methods as detailed in this rule.

(1) The applicant shall describe the proposed site clearing, construction methods, and reclamation operations, including:

(a) Surveying and soil testing.

(b) Grading and excavation.

(c) Construction of temporary and permanent access roads and trenches.

(d) Stringing of cable and/or laying of pipe.

(e) Installation of electric transmission line poles and structures, including foundations.

(f) Post-construction reclamation.

(2) The applicant shall provide the layout of facilities. The applicant shall:

(a) Provide a map of at least 1:12,000 scale of the transmission line or pipeline routes and associated facilities such as substations, compressor stations, and other stations, showing the following proposed features:

(i) Temporary and permanent access roads, staging areas, and laydown areas.

(ii) Proposed location of major structures, including transmission line poles and structures, and buildings.

(iii) Fenced-in or secured areas.

(b) Describe reasons for the proposed layout and any unusual features.

(c) Describe plans for any future modifications in the proposed layout, including the nature and approximate timing of contemplated changes.

(C) The applicant shall provide a description of the proposed transmission lines or pipelines, as well as switching, capacity, metering, safety, and other equipment pertinent to the operation of the proposed electric power transmission lines and gas pipelines and associated facilities. Include any provisions for future expansion.

(1) The applicant shall provide the following information for electric power transmission lines:

(a) Design voltage.

(b) Tower designs, pole structures, conductor size and number per phase, and insulator arrangement.

(c) Base and foundation design.

(d) Cable type and size, where underground.

(e) Other major equipment or special structures.

(2) The applicant shall provide a single-line diagram of electric power transmission substations and a description of the proposed major equipment, such as:

(a) Breakers.

(b) Switchgear.

(c) Bus arrangement and structures.

(d) Transformers.

(e) Control buildings.

(f) Other major equipment.

(3) The applicant shall describe the following for gas pipelines:

(a) Maximum allowable operating pressure.

(b) Pipe material.

(c) Pipe dimensions and specifications.

(d) Control buildings.

(e) Heaters, odorizers, and above-ground facilities.

(f) Any other major equipment.

Replaces: part of 4906-15-04

Effective: 12/11/2015
Five Year Review (FYR) Dates: 11/30/2020
Promulgated Under: 111.15
Statutory Authority: 4906.03
Rule Amplifies: 4906.03, 4906.04, 4906.06, 4906.10
Prior Effective Dates: 12/27/76, 11/6/78, 7/7/80, 7/7/88, 8/28/98, 12/15/03, 1/25/09

4906-5-06 Economic impact and public interaction.

(A) The applicant shall state the current and proposed ownership status of the proposed facility, including leased and purchased land, rights-of-way, structures, and equipment.

(B) The applicant shall submit estimates of applicable capital and intangible costs for the various components of electric power transmission facility alternatives. The data submitted shall be classified according to the federal energy regulatory commission uniform system of accounts prescribed by the public utilities commission of Ohio for the utility companies, unless the applicant is not an electric light company, a gas company or a natural gas company as defined in Chapter 4905. of the Revised Code (in which case, the applicant shall file the capital costs classified in the accounting format ordinarily used by the applicant in its normal course of business). The estimates shall include:

(1) Land and land rights.

(2) Structures and improvements.

(3) Substation equipment.

(4) Poles and fixtures.

(5) Towers and fixtures.

(6) Overhead conductors.

(7) Underground conductors and insulation.

(8) Underground-to-overhead conversion equipment.

(9) Right-of-way clearing and roads, trails, or other access.

(C) The applicant shall submit estimates of applicable capital and intangible costs for the various components of gas pipeline facility alternatives. The data submitted shall be classified according to the federal energy regulatory commission uniform system of accounts prescribed by the public utilities commission of Ohio for utility companies, unless the applicant is not an electric light company, a gas company or a natural gas company as defined in Chapter 4905. of the Revised Code (in which case, the applicant shall file the capital costs classified in the accounting format ordinarily used by the applicant in its normal course of business). The estimates shall include:

(1) Land and land rights.

(2) Structures and improvements.

(3) Pipes.

(4) Valves, meters, boosters, regulators, tanks, and other equipment.

(5) Roads, trails, or other access.

(D) The applicant shall provide information regarding public interaction and the economic impact for each of the site/route alternatives.

(1) The applicant shall provide a list of counties, townships, villages, and cities within one thousand feet on each side of the centerline or facility perimeter.

(2) The applicant shall provide a list of the public officials contacted regarding the application, their office addresses, and office telephone numbers.

(3) The applicant shall provide a description of the public interaction planned for during the siting, construction, and operation of the proposed facility. This description shall include detailed information regarding the applicant's public information and complaint resolution programs as well as how the applicant will notify affected property owners and tenants about these programs at least seven days prior to the start of construction.

(4) The applicant shall describe any insurance or other corporate program for providing liability compensation for damages, if such should occur, to the public resulting from construction or operation of the proposed facility.

(5) The applicant shall provide an estimate of the increase in tax revenues as a result of facility placement.

Replaces: 4906-15-05, part of 4906-15-06

Effective: 12/11/2015
Five Year Review (FYR) Dates: 11/30/2020
Promulgated Under: 111.15
Statutory Authority: 4906.03
Rule Amplifies: 4906.03, 4906.04, 4906.06, 4906.10
Prior Effective Dates: 12/27/76, 10/10/78, 1/15/85, 7/7/88, 6/5/93, 8/28/98, 12/15/03, 1/25/09

4906-5-07 Health and safety, land use, and regional development.

(A) The applicant shall provide health and safety information for each site/route alternative.

(1) The applicant shall provide a description of how the facility will be constructed, operated, and maintained to comply with the requirements of applicable state and federal statutes and regulations, including the national electrical safety code, applicable occupational safety and health administration regulations, U.S. department of transportation gas pipeline safety standards, and Chapter 4901:1-16 of the Administrative Code.

(2) For electric power transmission facilities where the centerline of the facility is within one hundred feet of an occupied residence or institution, and for electric substations where the boundary of the footprint is within one hundred feet of an occupied residence or institution, the applicant shall discuss the production of electric and magnetic fields during operation of the preferred and alternate site/route. If more than one conductor configuration is to be used on the proposed facility, information shall be provided for each configuration that constitutes more than ten per cent of the total line length, or more than one mile of the total line length being certificated. Where an alternate structure design is submitted, information shall also be provided on the alternate structure. The discussion shall include:

(a) Calculated electric and magnetic field strength levels at one meter above ground, under the conductors and at the edge of the right-of-way for:

(i) Winter normal conductor rating.

(ii) Emergency line loading.

(iii) Normal maximum loading. Provide corresponding current flows, conductor ground clearance for normal maximum loading and distance from the centerline to the edge of the right-of-way. Estimates shall be made for minimum conductor height. The applicant shall also provide typical cross-section profiles of the calculated electric and magnetic field strength levels at the normal maximum loading conditions.

(iv) Where there is only one occupied residence or institution within one hundred feet of the centerline, only one set of field strength values are to be provided. Where there are two or more occupied residences or institutions with one hundred feet of the centerline, field strength values shall be provided for each configuration that includes these occupied residences and institutions, and constitutes more than ten percent of the total line length, or more than one mile of the total line length being certificated.

(b) References to the current state of knowledge concerning possible health effects of exposure to electric and magnetic field strength levels.

(c) Description of the company's consideration of electric and magnetic field strength levels, both as a general company policy and specifically in the design and siting of the transmission line project including: alternate conductor configurations and phasing, tower height, corridor location, and right-of-way width.

(d) Description of the company's current procedures for addressing public inquiries regarding electric and magnetic field strength levels, including copies of informational materials and company procedures for customer electric and magnetic field strength level readings.

(3) For electric power transmission facilities, the applicant shall provide an estimate of the level of radio, television, and other communication system interference from operation of the proposed facility, identify the most severely impacted areas, if any, and discuss methods of mitigation.

(4) The applicant shall provide an estimate of the effect of noise generation due to the construction, operation, and maintenance of the transmission line or pipeline and associated facilities. The applicant shall describe any equipment and procedures designed to mitigate noise emissions during site clearing, construction, operation, and maintenance of the facility to minimize noise impact, including limits on the time of day at which construction activities may occur. The applicant shall estimate the nature of any intermittent, recurring, or particularly annoying sounds from the following sources:

(a) Blasting activities.

(b) Operation of earth moving and excavating equipment.

(c) Driving of piles, rock breaking or hammering, and horizontal directional drilling.

(d) Erection of structures.

(e) Truck traffic.

(f) Installation of equipment.

(B) The applicant shall provide information on land use.

(1) The applicant shall provide, for each of the site/route alternatives, a map of at least 1:24,000 scale, including the area one thousand feet on each side of a transmission line or pipeline alignment, and the area within one thousand feet of a substation site, which map shall include the following features:

(a) Centerline and right-of-way for each transmission line or pipeline alternative being pro-posed.

(b) Proposed substation or compressor station locations.

(c) Land use, depicted as areas on the map. Land use, for the purposes of this rule, refers to the current economic use of each parcel. Categories should include residential, commercial, industrial, institutional, recreational, agricultural, and vacant, or as classified by the local land use authority.

(d) Road names.

(e) Structures, depicted as points on the map. Identified structures should include residences, commercial centers or buildings, industrial buildings and installations, schools, hospitals, churches, civic buildings, and other occupied places.

(f) Incorporated areas and population centers.

(2) The applicant shall provide, for each of the site/route alternatives, a description of the impact of the proposed facility on each land use identified in paragraph (B)(1) of this rule. Include, for each land use type, the potential disturbance area during construction and the permanent impact area in acres, in total and for each project component (e.g., transmission line or pipeline right-of-way, substation site), and the explanation of how such estimate was calculated.

(3) The applicant shall provide, for the types of structures identified in paragraph (B)(1) of this rule, the following:

(a) For all structures within two-hundred feet of the proposed facility right-of-way, the distance between the nearest edge of the structure and the proposed facility right-of-way.

(b) Any buildings that will be destroyed, acquired, or removed as the result of the planned facility and criteria for owner compensation.

(c) A description of the mitigation procedures to be used during the construction, operation, and maintenance of the proposed facility to minimize impact to structures near the facility.

(C) The applicant shall provide information regarding agricultural districts and potential impacts to agricultural land.

(1) The applicant shall provide, for each of the site/route alternatives, a map of at least 1:24,000 scale, including the potential disturbance area for the transmission or pipeline alignment, and the substation site, which map shall include the following features:

(a) Agricultural land use. Where visible and distinguishable, distinguish between agricultural uses such as cultivated land, permanent pasture land, managed woodlots, orchards, nurseries, livestock and poultry confinement areas, and agricultural-related structures.

(b) Agricultural district land existing at least sixty days prior to submission of the application located within each transmission line or pipeline right-of-way or within each site boundary.

(2) The applicant shall provide, for all agricultural land, and separately for agricultural uses and agricultural districts identified under paragraph (C)(1) of this rule, the following:

(a) A quantification of the acreage impacted.

(b) An evaluation of the impact of the construction, operation, and maintenance of the pro-posed facility on the land and the following agricultural facilities and practices within the project area:

(i) Field operations such as plowing, planting, cultivating, spraying, harvesting.

(ii) Irrigation.

(iii) Field drainage systems.

(iv) Structures used for agricultural operations.

(v) The viability as agricultural land of any land identified as an agricultural district.

(c) A description of mitigation procedures to be utilized by the applicant during construction, operation, and maintenance to reduce impacts to agricultural land, structures, and practices. The description shall illustrate how avoidance and mitigation procedures will achieve the following:

(i) Avoidance or minimization to the maximum extent practicable of any damage to field tile drainage systems and soils in agricultural areas.

(ii) Timely repair of damaged field tile systems to at least original conditions, at the applicant's expense.

(iii) Segregation of excavated topsoil, and decompaction and restoration of all topsoil to original conditions unless otherwise agreed to by the landowner.

(D) The applicant shall provide information regarding land use plans and regional development.

(1) The applicant shall provide a description of the impact of the facility on regional development, referring to pertinent formally adopted regional development plans.

(2) The applicant shall provide an assessment of the compatibility of the proposed facility and the anticipated resultant regional development with current regional land use plans.

(E) The applicant shall provide information on cultural and archaeological resources.

(1) The applicant shall indicate on a map of at least 1:24,000 scale, within one-thousand feet of each of the site/route alternatives, any formally adopted recreational areas, recreational trails, scenic rivers, scenic routes or byways, and registered landmarks of historic, religious, archaeological, scenic, natural, or other cultural significance. Landmarks to be considered for purposes of paragraph (E) of this rule are those districts, sites, buildings, structures, and objects that are recognized by, registered with, or identified as eligible for registration by the national registry of natural landmarks, the Ohio historical society, or the Ohio department of natural resources.

(2) The applicant shall describe studies used to determine the location of cultural resources within the study corridor. Correspondence with the Ohio historical preservation office shall be included.

(3) The applicant shall provide an evaluation of the probable impact of the construction, operation, and maintenance of the proposed facility on the preservation and continued meaningfulness of cultural resources.

(4) The applicant shall describe the plans to avoid or mitigate any adverse impacts to cultural resources. Mitigation procedures to be used during the operation and maintenance of the proposed facility shall be developed in consultation with the Ohio historical society. The plans shall detail procedures for flagging and avoiding all landmarks in the project area. The plans shall also contain measures to be taken should previously-unidentified landmarks be discovered during construction of the project.

(5) The applicant shall evaluate the aesthetic impact of the proposed facility, including the following:

(a) The visibility of the proposed facility from such sensitive vantage points as residential areas, lookout points, scenic highways, waterways, and landmarks identified in paragraph (E)(1) of this rule.

(b) How the proposed facility will likely affect the aesthetic quality of the site and surrounding area.

(c) Measures that will be taken to minimize any visual impacts created by the proposed facility, including, but not limited to, facility location, lighting, structure design, visual screening, and facility coloration. In no event shall these measures conflict with relevant safety requirements.

Replaces: part of 4906-15-04, part of 4906-15-06

Effective: 12/11/2015
Five Year Review (FYR) Dates: 11/30/2020
Promulgated Under: 111.15
Statutory Authority: 4906.03
Rule Amplifies: 4906.03, 4906.04, 4906.06, 4906.10, 4906.13
Prior Effective Dates: 12/27/76, 10/10/78, 11/6/78, 7/7/80, 7/7/88, 6/5/93, 8/28/98, 12/15/03, 1/25/09

4906-5-08 Ecological information and compliance with permitting requirements.

(A) The applicant shall provide for each of the site/route alternatives a map of at least 1:24,000 scale, including the area one thousand feet on each side of the transmission line or pipeline alignment and the area within one thousand feet of a substation site or compressor station site. The map shall include the following:

(1) Proposed transmission line or pipeline alignments.

(2) Proposed substation or compressor station locations.

(3) All undeveloped or abandoned land, including:

(a) Streams and drainage channels.

(b) Lakes, ponds, and reservoirs.

(c) Wetlands, including the entire area of the wetland if it extends outside of the study corridor.

(d) Woody and herbaceous vegetation land.

(4) Highly-erodible soils and slopes of 12 percent or greater.

(5) Wildlife areas, nature preserves, and publicly identified conservation areas that are managed by a public body or a recognized nonprofit organization.

(B) The applicant shall provide for each of the site/route alternatives the results of a field survey of the vegetation and surface waters within 100 feet of the potential disturbance area of the facility. The field survey report shall include the following:

(1) The applicant shall provide a description of the vegetative communities present within the study area, and delineations of wetlands and streams.

(2) The applicant shall provide a map of at least 1:12,000 scale showing the facility, the right-of-way, and all delineated resources.

(3) The applicant shall provide a description of the probable impact of the construction of the proposed facility on vegetation and surface waters. This shall include the impacts from route/site clearing and grading, and disposal of vegetation. Include the linear feet and acreage impacted, and the proposed crossing methodology of each stream and wetland that would be crossed by any part of the facility or construction equipment. Specify the extent of vegetation clearing, and describe how such clearing work will be done so as to minimize removal of woody vegetation.

(4) The applicant shall provide a description of the probable impact of the operation and maintenance of the proposed facility on vegetation and surface waters. This shall include the permanent impacts from route clearing.

(5) The applicant shall provide a description of the mitigation procedures to be used during construction, operation, and maintenance of the proposed facility to minimize the impact on vegetation and surface waters. Include the following:

(a) Plans for post-construction site restoration and stabilization of disturbed soils, especially in riparian areas and near wetlands. Restoration plans should include details on the removal and disposal of materials used for temporary access roads and construction staging areas, including gravel.

(b) A detailed frac out contingency plan for stream and wetland crossings that are expected to be completed via horizontal directional drilling.

(c) Methods to demarcate surface waters and wetlands and to protect them from entry of construction equipment and material storage or disposal.

(d) Procedures for inspection and repair of erosion control measures, especially after rainfall events.

(e) Measures to divert storm water runoff away from fill slopes and other exposed surfaces.

(f) Methods to protect vegetation in proximity to any project facilities from damage, particularly mature trees, wetland vegetation, and woody vegetation in riparian areas.

(g) Options for disposing of downed trees, brush, and other vegetation during initial clearing for the project, and clearing methods that minimize the movement of heavy equipment and other vehicles within the project area that would otherwise be required for removing all trees and other woody debris off site.

(h) A description of any expected use of herbicides for maintenance.

(C) The applicant shall provide for each of the site/route alternatives the results of a literature survey of the plant and animal life that may be affected by the facility. The literature survey shall include aquatic and terrestrial plant and animal species of commercial or recreational value, or species designated as endangered or threatened. The applicant shall provide the results of field surveys of the plant an animal species identified in the literature survey. The survey report shall include the following:

(1) The applicant shall provide a list of the species identified in the surveys, including their federal and state protection status.

(2) The applicant shall provide a description of the probable impact of the construction of the proposed facility on the identified species and their habitat. This would include the impacts from route clearing and any impact to natural nesting areas.

(3) The applicant shall provide a description of the probable impact of the operation and maintenance of the proposed facility on the species described in this rule. This would include the permanent impact from route clearing and any impact to natural nesting areas.

(4) The applicant shall provide a description of the mitigation procedures to be used during construction, operation, and maintenance of the proposed facility to minimize the impact on species described above.

(D) The applicant shall provide for each of the site/route alternatives a description of the site geology, suitability of the soils for foundation construction, and areas with slopes that exceed twelve per cent and/or highly erodible soils (according to the natural resource conservation service and county soil surveys) that may be affected by the proposed facility. The applicant shall describe the probable impact to these areas. The applicant shall include any plans for test borings, including a timeline for providing the test boring logs and the following information to the board:

(1) Subsurface soil properties.

(2) Static water level.

(3) Rock quality description.

(4) Percent recovery.

(5) Depth and description of bedrock contact.

(E) The applicant shall provide information regarding compliance with environmental and aviation regulations.

(1) The applicant shall provide a list and brief discussion of all licenses, permits, and authorizations that will be required for construction of the facility.

(2) The applicant shall provide a description, quantification and characterization of debris that will result from construction of the facility, and the plans for disposal of the debris.

(3) The applicant shall provide a discussion of the process that will be used to control storm water and minimize erosion during construction and restoration of soils, wetlands, and streams disturbed as a result of construction of the facility.

(4) The applicant shall provide a discussion of plans for disposition of contaminated soil and hazardous materials generated from clearing of land, excavation or any other action that would adversely affect the natural environment of the project site during construction. Responsibility for removal of contaminated soil shall be limited solely to soil and material from clearing of land, excavation or any other action that would adversely affect the natural environment of the project site for the project, and shall not include additional remediation of measures beyond the scope of the project.

(5) The applicant shall provide the height of tallest anticipated above ground structures. For construction activities within five miles of public use airports or landing strips, the applicant shall provide the maximum possible height of construction equipment, as well as all installed above ground structures, and include a list of air transportation facilities, existing or proposed, and copies of any coordination with the federal aviation administration and the Ohio office of aviation.

(6) The applicant shall provide a description of the plans for construction during excessively dusty or excessively muddy soil conditions.

Replaces: 4906-15-07

Effective: 12/11/2015
Five Year Review (FYR) Dates: 11/30/2020
Promulgated Under: 111.15
Statutory Authority: 4906.03
Rule Amplifies: 4906.03, 4906.04, 4906.06, 4906.10, 4906.13
Prior Effective Dates: 10/10/78, 3/20/87, 8/28/98, 12/15/03

4906-5-09 [Rescinded] Proof of publication of accepted, complete certificate applications.

Effective: 12/11/2015
Five Year Review (FYR) Dates: 10/03/2014
Promulgated Under: 111.15
Statutory Authority: 4906.03
Rule Amplifies: 4906.03, 4906.06
Prior Effective Dates: 12/27/76, 6/10/89, 8/28/98, 12/15/03

4906-5-10 [Rescinded] Amendments of accepted, complete certificate applications and of certificates.

Effective: 12/11/2015
Five Year Review (FYR) Dates: 10/03/2014
Promulgated Under: 111.15
Statutory Authority: 4906.03
Rule Amplifies: 4906.03, 4906.06, 4906.07
Prior Effective Dates: 12/27/76, 6/10/89, 8/28/98, 12/15/03, 1/25/09, 6/19/09

4906-5-11 [Rescinded] Application fees and board expenses.

Effective: 12/11/2015
Five Year Review (FYR) Dates: 10/03/2014
Promulgated Under: 111.15
Statutory Authority: 4906.03
Rule Amplifies: 4906.03, 4906.06
Prior Effective Dates: 12/27/76, 7/12/82, 5/17/84, 2/17/1984 (Emer.), 9/27/86, 1/8/87, 7/4/87, 6/10/89, 8/6/94, 8/28/98, 12/15/03, 1/25/09, 6/19/09