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