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