(A) The applicant shall provide
information on health and safety.
(1) Equipment safety. The
applicant shall provide information on the safety and reliability of all
equipment.
(a) Describe all proposed major public safety
equipment.
(b) Describe the reliability of the equipment.
(c) Provide the generation equipment manufacturer's safety
standards. Include a complete copy of the manufacturer's safety manual or
similar document and any recommended setbacks from the
manufacturer.
(d) Describe the measures that will be taken to restrict public
access to the facility.
(e) Describe the fire protection, safety, and medical emergency
plan(s) to be used during construction and operation of the facility, and how
such plan(s) will be developed in consultation with local emergency
responders.
(2) Air pollution
control. Except for wind farms, the applicant shall describe in conceptual
terms the probable impact to the population due to failures of air pollution
control equipment.
(3) Noise. The applicant
shall provide information on noise from the construction and operation of the
facility.
(a) Describe the construction noise levels expected at the
nearest property boundary. The description shall address:
(i) Blasting
activities.
(ii) Operation of earth
moving equipment.
(iii) Driving of piles,
rock breaking or hammering, and horizontal directional drilling.
(iv) Erection of
structures.
(v) Truck
traffic.
(vi) Installation of
equipment.
(b) Describe the operational noise levels expected at the nearest
property boundary. The description shall address:
(i) Operational noise
from generation equipment. In addition, for a wind farm, cumulative operational
noise levels at the property boundary for each property adjacent to or within
the project area, under both day and nighttime operations. The applicant shall
use generally accepted computer modeling software (developed for wind turbine
noise measurement) or similar wind turbine noise methodology, including
consideration of broadband, tonal, and low-frequency noise levels.
(ii) Processing
equipment.
(iii) Associated road
traffic
(c) Indicate the location of any noise-sensitive areas within one
mile of the facility, and the operational noise level at each habitable
residence, school, church, and other noise-sensitive receptors, under both day
and nighttime operations. Sensitive receptor, for the purposes of this rule,
refers to any occupied building.
(d) Describe equipment and procedures to mitigate the effects of
noise emissions from the proposed facility during construction and operation,
including limits on the time of day at which construction activities may
occur.
(e) Submit a preconstruction background noise study of the
project area that includes measurements taken under both day and nighttime
conditions.
(4) Water impacts. The
applicant shall provide information regarding water impacts
(a) Provide an evaluation of the impact to public and private
water supplies due to construction and operation of the proposed
facility.
(b) Provide an evaluation of the impact to public and private
water supplies due to pollution control equipment failures.
(c) Provide existing maps of aquifers, water wells, and drinking
water source protection areas that may be directly affected by the proposed
facility.
(d) Describe how construction and operation of the facility will
comply with any drinking water source protection plans near the project
area.
(e) Provide an analysis of the prospects of floods for the area,
including the probability of occurrences and likely consequences of various
flood stages, and describe plans to mitigate any likely adverse
consequences.
(5) Geological features.
The applicant shall provide a map of suitable scale showing the proposed
facility, geological features of the proposed facility site, topographic
contours, existing gas and oil wells, and injection wells. The applicant shall
also:
(a) Describe the suitability of the site geology and plans to
remedy any inadequacies.
(b) Describe the suitability of soil for grading, compaction, and
drainage, and describe plans to remedy any inadequacies and restore the soils
during post-construction reclamation.
(c) Describe plans for the test borings, including closure plans
for such borings. Plans for the test borings shall contain a timeline for
providing the test boring logs and the following information to the
board:
(i) Subsurface soil
properties.
(ii) Static water
level.
(iii) Rock quality
description.
(iv) Per cent
recovery.
(v) Depth and description
of bedrock contact.
(6) Wind velocity. The
applicant shall provide an analysis of high wind velocities for the area,
including the probability of occurrences and likely consequences of various
wind velocities, and describe plans to mitigate any likely adverse
consequences.
(7) Blade shear. For a
wind farm, the applicant shall evaluate and describe the potential impact from
blade shear at the nearest property boundary and public road.
(8) Ice throw. For a wind
farm, the applicant shall evaluate and describe, by providing a site-specific
ice throw risk analysis and assessment study, the potential impact from ice
throw at the nearest property boundary and public road.
(9) Shadow flicker, For a
wind farm, the applicant shall evaluate and describe the potential cumulative
impact from shadow flicker at the property boundary and sensitive receptors
within a distance of ten rotor diameters or at least one-half mile, whichever
is greater, of a turbine, including its plans to minimize potential
impacts.
(10) Radio and TV
reception. The applicant shall evaluate and describe the potential for the
facility to interfere with radio and TV reception and describe measures that
will be taken to minimize interference.
(11) Radar interference.
The applicant shall evaluate and describe the potential for the facility to
interfere with military and civilian radar systems and describe measures that
will be taken to minimize interference.
(12) Navigable airspace
interference. The applicant shall evaluate and describe the potential for the
facility to interfere with navigable airspace and describe measures that will
be taken to minimize interference. The applicant shall coordinate such efforts
with appropriate state and federal agencies.
(13) Communication
interference. The applicant shall evaluate and describe the potential for the
facility to interfere with microwave communication paths and systems and
describe measures that will be taken to minimize interference. Include all
licensed systems and those used by electric service providers and emergency
personnel that operate in the project area.
(B) The applicant shall provide
information on ecological resources.
(1) Ecological
information. The applicant shall provide information regarding ecological
resources in the project area.
(a) Provide a map of at least 1:24,000 scale containing a one
half-mile radius from the project area, showing the following:
(i) The proposed facility
and project area boundary.
(ii) Undeveloped or
abandoned land such as wood lots or vacant tracts of land subject to past or
present surface mining activities, not used as a registered game preserve or in
agricultural production.
(iii) Wildlife areas,
nature preserves, and other conservation areas.
(iv) Surface bodies of
water, including wetlands, ditches, streams, lakes, reservoirs, and
ponds.
(v) Highly-erodible soils
and slopes of twelve percent or greater.
(b) Provide the results of a field survey of the vegetation and
surface waters within one-hundred feet of the potential construction impact
area of the facility. The survey should include a description of the vegetative
communities, and delineations of wetlands and streams. Provide a map of at
least 1:12,000 scale showing all delineated resources.
(c) Provide the results of a literature survey of the plant and
animal life within at least one-fourth mile of the project area boundary. The
literature survey shall include aquatic and terrestrial plant and animal
species that are of commercial or recreational value, or species designated as
endangered or threatened.
(d) Conduct and provide the results of field surveys of the plant
and animal species identified in the literature survey.
(e) Provide a summary of any additional studies which have been
made by or for the applicant addressing the ecological impact of the proposed
facility
(2) Ecological impacts.
The applicant shall provide information regarding potential impacts to
ecological resources during construction.
(a) Provide an evaluation of the impact of construction on the
resources surveyed in response to paragraph (B)(1) of this rule. Include the
linear feet and acreage impacted, and the proposed crossing methodology of each
stream and wetland that would be crossed by or within the footprint of 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. Describe potential impacts to wildlife and their
habitat.
(b) Describe the mitigation procedures to be utilized to minimize
both the short-term and long-term impacts due to construction, including the
following:
(i) 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.
(ii) A detailed frac out
contingency plan for stream and wetland crossings that are expected to be
completed via horizontal directional drilling.
(iii) Methods to
demarcate surface waters and wetlands and to protect them from entry of
construction equipment and material storage or disposal.
(iv) Procedures for
inspection and repair of erosion control measures, especially after rainfall
events.
(v) Methods to protect vegetation in proximity to any
project facilities from damage, particularly mature trees, wetland vegetation,
and woody vegetation in riparian areas.
(vi) 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.
(vii) Avoidance measures for state of federally listed and
protected species and their habitat, in accordance with paragraph (D) of rule
4906-4-09 of the Administrative Code.
(3) Operational
ecological impacts. The applicant shall provide information regarding potential
impacts to ecological resources during operation and maintenance of the
facility.
(a) Provide an evaluation of the impact of operation and
maintenance on the undeveloped areas shown in response to paragraph (B)(1) of
this rule.
(b) Describe the procedures to be utilized to avoid, minimize,
and mitigate both the short- and long-term impacts of operation and
maintenance. Describe methods for protecting streams, wetlands, and vegetation,
particularly mature trees, wetland vegetation, and woody vegetation in riparian
areas. Include a description of any expected use of herbicides for
maintenance.
(c) Describe any plans for post-construction monitoring of
wildlife impacts.
(C) The applicant shall provide
information on land use and community development.
(1) Existing land use.
The applicant shall provide information regarding land use in the region and
potential impacts of the facility through the following maps and related
information.
(a) Provide a map of at least 1:24,000 scale showing the
following within one-mile of the project area boundary:
(i) The proposed
facility.
(ii) Land use, depicted
as areas on the map. Land use, for the purposes of paragraph (C) 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.
(iii) 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.
(iv) Incorporated areas
and population centers.
(b) Provide, for the types of structures identified on the map in
paragraph (C)(1)(a) of this rule, a table showing the following:
(i) For all structures
and property lines within one thousand five hundred feet of the generation
equipment or wind turbine, the distance between both the structure or property
line and the equipment or nearest wind turbine.
(ii) For all structures
and property lines within two hundred fifty feet of a collection line, access
road, or other associated facility, the distance between both the structure or
property line and the associated facility.
(iii) For each structure
and property in the table, whether the property is being leased by the
applicant for the proposed facility.
(c) Provide an evaluation of the impact of the proposed facility
on the above land uses identified on the map in paragraph (C)(1)(a) of this
rule. Include, for each land use type, the construction impact area and the
permanent impact area in acres, in total and for each project component (e.g.,
turbines, collection lines, access roads), and the explanation of how such
estimate was calculated.
(d) Identify structures that will be removed or
relocated.
(2) Wind farm maps. For
wind farms only, the applicant shall provide a map(s) of at least 1:24,000
scale showing the proposed facility, habitable residences, and parcel
boundaries of all parcels within a half-mile of the project area. Indicate on
the map, for each parcel, the parcel number and whether the parcel is being
leased by the applicant for the proposed facility, as of no more than thirty
days prior to the submission of the application. Include on the map the
setbacks for wind turbine structures in relation to property lines, habitable
residential structures, electric transmission lines, gas pipelines, gas
distribution lines, hazardous liquid(s) pipelines, and state and federal
highways, consistent with no less than the following minimum
requirements:
(a) The distance from a wind turbine base to the property line of
the wind farm property shall be at least one and one-tenth times the total
height of the turbine structure as measured from its tower's base
(excluding the subsurface foundation) to the tip of a blade at its highest
point.
(b) The wind turbine shall be at least one thousand, one hundred,
twenty-five feet in horizontal distance from the tip of the turbine's
nearest blade at ninety degrees to the property line of the nearest adjacent
property, including a state or federal highway, at the time of the
certification application.
(c) The distance from a wind turbine base to any electric
transmission line, gas pipeline, gas distribution line, hazardous liquid(s)
pipeline, or public road shall be at least one and one-tenth times the total
height of the turbine structure as measured from its tower's base
(excluding the subsurface foundation) to the tip of a blade at its highest
point.
(d) Minimum setbacks from property lines and residences may be
waived pursuant to the procedures set forth in paragraph (C)(3) of this
rule.
(3) Setback waivers. The
setback shall apply in all cases except those in which all owner(s) of property
adjacent to the wind farm property waive application of the setback to that
property. The waiver(s) must meet the following requirements:
(a) Content of waiver. The waiver shall:
(i) Be in
writing;
(ii) Provide a brief
description of the facility;
(iii) Notify the
applicable property owner(s) of the statutory minimum setback
requirements;
(iv) Describe the
adjacent property subject to the waiver through a-legal
description;
(v) Describe how the
adjacent property is subject to the statutory minimum setback requirements;
and
(vi) Advise all
subsequent purchasers of the adjacent property subject to the waiver that the
waiver of the minimum setback requirements shall run with the
land.
(b) Required signature. The waiver shall be signed by the
applicant and the applicable property owner(s), indicating consent to
construction activities without compliance with the minimum setback
requirements.
(c) Recordation of waiver. The waiver shall be recorded in
the county recorder's office where the property that is the subject of the
waiver is located.
(4) Land use plans. The applicant shall
provide information regarding land use plans.
(a) Describe formally adopted plans for future use of the project
area and surrounding lands for anything other than the proposed
facility.
(b) Describe the applicant's plans for concurrent or
secondary uses of the site.
(c) Describe the impact of the proposed facility on regional
development, including housing, commercial and industrial development, schools,
transportation system development, and other public services and
facilities.
(d) Assess the compatibility of the proposed facility and the
anticipated resultant regional development with current regional
plans.
(e) Provide current population counts or estimates, current
population density, and ten-year population projections for counties and
populated places within five miles of the project area.
(D) The applicant shall provide
information on cultural and archaeological resources
(1) Landmark mapping. The
applicant shall indicate, on a map of at least 1:24,000 scale, any formally
adopted land and water recreation areas, recreational trails, scenic rivers,
scenic routes or byways, and registered landmarks of historic, religious,
archaeological, scenic, natural, or other cultural significance within ten
miles of the project area. Landmarks to be considered for purposes of paragraph
(D) 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 state
historical preservation office, or the Ohio department of natural
resources.
(2) Impacts on landmarks.
The applicant shall provide an evaluation of the impact of the proposed
facility on the preservation and continued meaningfulness of these landmarks
and describe plans to avoid or mitigate any adverse impact.
(3) Recreation and scenic
areas. The applicant shall describe the identified recreation and scenic areas
within ten miles of the project area in terms of their proximity to population
centers, uniqueness, topography, vegetation, hydrology, and wildlife. Provide
an evaluation of the impact of the proposed facility on identified recreational
and scenic areas within ten miles of the project area and describe plans to
mitigate any adverse impact.
(4) Visual impact of
facility. The applicant shall evaluate the visual impact of the proposed
facility within at least a ten-mile radius from the project area. The
evaluation shall be conducted or reviewed by a licensed landscape architect of
other professional with experience in developing a visual impact assessment.
The applicant shall:
(a) Describe the visibility of the project, including a viewshed
analysis and area of visual effect, shown on a corresponding map of the study
area. The viewshed analysis shall not incorporate deciduous vegetation,
agricultural crops, or other seasonal land cover as viewing obstacles. If the
viewshed analysis includes atmospheric conditions, it shall incorporate the
atmospheric conditions under which the facility would be most
visible.
(b) Describe the existing landscape and evaluate its scenic
quality. This description shall include documentation of a review of existing
plans, policies, and regulations of the communities within the study area, and
list all references to identified visual resources or other indications of the
visual preferences of the community.
(c) Describe the alterations to the landscape caused by the
facility, including a description and illustration of the scale, form, and
materials of all facility structures, and evaluate the impact of those
alterations to the scenic quality of the landscape.
(d) Evaluate the visual impacts to the resources identified in
paragraph (D) of this rule, and any such resources within ten miles of the
project area that are valued specifically for their scenic
quality.
(e) Provide photographic simulations or artist's pictorial
sketches of the proposed facility from public vantage points that cover the
range of landscapes, viewer groups, and types of scenic resources found within
the study area. The applicant should explain its selection of vantage points,
including any coordination with local residents, public officials, and historic
preservation groups in selecting these vantage points.
(f) Describe measures that will be taken to minimize any adverse
visual impacts created by the facility, including, but not limited to, project
area location, lighting, turbine layout, visual screening, and facility
coloration. In no event shall these measures conflict with relevant safety
requirements.
(E) The applicant shall provide
information regarding agricultural districts and potential impacts to
agricultural land.
(1) Mapping of
agricultural land. The applicant shall identify on a map of at least 1:24,000
scale the proposed facility, all agricultural land, and separately all
agricultural district land existing at least sixty days prior to submission of
the application located within the project area boundaries. Where available,
distinguish between agricultural uses such as cultivated lands, permanent
pasture land, managed woodlots, orchards, nurseries, livestock and poultry
confinement areas, and agriculturally related structures.
(2) Agricultural
information. The applicant shall provide, for all agricultural land, and
separately for agricultural uses and agricultural districts identified under
paragraph (E)(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 proposed facility on the land and the following
agricultural facilities and practices within the project area:
(i) Field operations such
as plowing, planting, cultivating, spraying, aerial applications,
harvesting.
(ii) Irrigation.
(iii) Field drainage
systems.
(iv) Structures used for
agricultural operations.
(v) The viability as
agricultural district land of any land so identified.
(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.