Ohio Administrative Code
Title 4906 - Power Siting Board
Chapter 4906-4 - Certificate Applications for Electric Generation Facilities
Section 4906-4-08 - Health and safety, land use and ecological information
Universal Citation: OH Admin Code 4906-4-08
Current through all regulations passed and filed through September 16, 2024
(A) The applicant shall provide information on health and safety. Examples of relevant information include:
(1) Equipment safety.
A description of the safety and reliability of
all equipment, including:
(a)
How the facility will be constructed, operated, and
maintained to comply with the requirements of applicable state and federal
statutes and regulations, including, but not limited to, 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.
(b)
All proposed major public safety equipment.
(c)
The reliability of the equipment.
(d)
The generation equipment manufacturer's safety
standards,
including
a complete copy of
the manufacturer's safety manual or similar document and any recommended
setbacks from the manufacturer.
(e)
The measures that will be taken to restrict public
access to the facility.
(f)
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.
(g)
The sensitive receptor considerations, ensuring that
sensitive receptor index numbering is the same for all reports and maps listing
sensitive receptors.
(2) Air pollution control. Except for wind
farms and solar facilities,
a description in conceptual terms
of the probable impact to the population due to
failures of air pollution control equipment.
(3) Noise. A
description of anticipated
noise
from the construction,
operation, and
maintenance of the facility, including:
(a) An
estimate the nature of any intermittent or, recurring, or particularly annoying
sounds from the following sources:
(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)
A
description of the operational noise levels expected at the nearest
property boundary, including:
(i) Operational noise from generation
equipment. In addition, for a wind facility, cumulative operational noise levels at the
property boundary for each property adjacent to or within the project area,
under both day and nighttime operations, using
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)
A
description of 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)
A
description of 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)
A
preconstruction background noise study of the project area that includes
measurements taken under both day and nighttime conditions.
(4) Water impacts.
A description of relevant information, including:
(a)
An
evaluation of the potential impact to public and
private water supplies due to construction and operation of the proposed
facility.
(b)
An
evaluation of the impact to public and private water supplies due to pollution
control equipment failures.
(c)
Existing maps of aquifers, water wells, and drinking
water source protection areas that may be directly affected by the proposed
facility, including, at a minimum, an additional
one-mile buffer around the project area.
(d)
A description
of how construction and operation of the facility will comply with any
drinking water source protection plans near the project area.
(e)
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.
A map of suitable scale showing the
proposed facility, geological features of the proposed facility site,
topographic contours, existing gas and oil wells, injection wells, and
underground abandoned mines, as well as:
(a)
A
description of the suitability of the site geology and plans to remedy
any site-specific inadequacies, including proposed mitigation.
(b)
A description
of the suitability of soil for grading, compaction, and drainage, and
describe plans to remedy any inadequacies and restore the soils during
post-construction reclamation, including providing a
preliminary grading plan that estimates maximum graded acreage
expectations.
(c)
A description of the suitability of the soils for
foundation construction, and areas with slopes that exceed twelve per cent
and/or highly erodible soils (according to both the natural resource
conservation service and county soil surveys and any other available survey
resources representative of the project area) that may be affected by the
proposed facility.
(d)
The results and initial analysis of preliminary test
borings and
describe plans for
additional test
borings, including closure plans for such borings, and
describe
plans for the test borings
that
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.
(e)
A description of coordination with the Ohio department
of natural resources on the geological suitability of the project within the
proposed site in order to provide a response letter from the department to
staff.
(6) Wind
velocity.
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,
an
evaluation and
description
of the potential impact from blade shear at the nearest property boundary
and public road.
(8) Ice throw. For
a wind farm,
an
evaluation and
description of 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,
an evaluation and
description
of 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. A description of 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.
A description of 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.
A description of the potential
for the facility to interfere with navigable airspace and describe measures
that will be taken to minimize interference, including
plans to
coordinate such efforts with appropriate state and federal agencies.
(13) Communication interference.
A description of 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.
(14)
Electric and
magnetic fields. 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, a
description of 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, a description of
information 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
proposed. Where an alternate structure design is submitted, a description of
information on the alternate structure, including:
(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. Corresponding current flows, conductor ground clearance for normal
maximum loading and distance from the centerline to the edge of the
right-of-way using estimates for minimum conductor height. 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, a description of only one set of field strength values. Where there
are two or more occupied residences or institutions within one hundred feet of
the centerline, a description of field strength values 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)
A 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 electric power transmission line project including: alternate conductor
configurations and phasing, tower height, corridor location, and right-of-way
width.
(d)
A 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.
(B) The applicant shall provide information on ecological resources. Examples of relevant information include:
(1)
Ecological information.
Information regarding
ecological resources in the project area
including:
(a)
A
map of at least 1:24,000 scale, including the area one
thousand feet on each side of the proposed facilities
that discusses the
following features:
(i) The proposed facility and
limits of disturbance.
(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, ponds, and drainage
channels. For wetlands, the estimated extent of the wetland if it extends
outside of the project area.
(v) Highly-erodible soils and slopes of
twelve percent or greater.
(vi)
Areas of proposed vegetative clearing, including the
vegetative community type.
(vii)
Naturally
occurring woody and herbaceous vegetation land.
(viii)
Sensitive
habitat areas, including habitat used for breeding, of species identified as
potentially impacted by the project through coordination with the Ohio
department of natural resources and the United States fish and wildlife service
in the project area, if present.
(b)
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
including: a description
of the vegetative communities, and delineations of wetlands and streams;
a map of at least 1:12,000 scale
showing all delineated resources; the probable impact of the operation and maintenance of
the proposed facility on vegetation and surface waters.
(c)
A description of
the probable impact of the construction of the proposed facility on the
vegetation and surface waters, including impacts from route/site clearing and
grading, and disposal of vegetation, including the linear feet and acreage
impacts, and the proposed crossing methodology of each stream and wetland that
would be crossed by any part of the facility during construction
equipment.
(d)
The results of a literature survey of the plant and
animal life within at least one-fourth mile of the project area boundary
which
includes aquatic
and terrestrial plant and animal species that are of commercial or recreational
value, or species designated as endangered or threatened.
(e)
The results of field surveys
conducted as to
the plant and animal species identified in the
literature survey, including; their federal and state
protection status; and a description of the probable impact of the
construction, operation, and maintenance of the proposed facility on the
species described in this rule and procedures to minimize such impacts,
including impacts from route clearing and any impact to natural nesting
areas.
(f)
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.
Information regarding potential impacts to
ecological resources during construction.
(a)
An
evaluation of the impact of construction on the resources surveyed in response
to paragraph (B)(1) of this rule, including the
following:
(i)
A table displaying the report name, linear feet and acreage
impacted, quality, flow regime, and the proposed crossing methodology of each
stream that would be crossed by or within the footprint of any part of the
facility or construction equipment.
(ii)
A table
displaying the report name, acreage impacted, quality, Cowardin classification,
and the proposed crossing methodology of each delineated wetland that would be
crossed by or within the footprint of any part of the facility or construction
equipment.
(iii)
A table displaying the extent of clearing of each
vegetative community type, including a clearing total.
(iv)
A description of
how such clearing work will be done so as to minimize removal of woody
vegetation and minimize forest fragmentation.
(v)
A description of
impacts to wildlife, including listed species identified through coordination
with the Ohio department of natural resources and/or the United States fish and
wildlife service, will be avoided or minimized.
(b)
A description
of 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 detailing
environmental specialist presence, monitoring of drilling pressures and
discharges within surface water resources, containment measures, cleanup and
vacuum truck availability, and timelines and methods of restoration.
(iii) Methods to demarcate surface waters and
wetlands and to protect them, including any proposed
buffers, 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
and plans for restoration of 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
or
federally listed and protected species and their habitat, in accordance with
paragraph (D) of rule
4906-4-09 of the Administrative
Code.
(viii)
Measures to divert storm water runoff away from fill
slopes and other exposed surfaces.
(ix)
A description of
any expected use of herbicides for maintenance.
(3) Operational ecological
impacts.
Information regarding
potential impacts to ecological resources during operation and maintenance of
the facility.
(a)
An
evaluation of the impact of operation and maintenance on the undeveloped areas
shown in response to paragraph (B)(1) of this rule.
(b)
A description
of:
(i)
The procedures to be utilized to avoid, minimize, and
mitigate both the short- and long-term impacts of operation and
maintenance.
(ii)
Methods for protecting streams, wetlands, and
vegetation, particularly mature trees, wetland vegetation, and woody vegetation
in riparian areas.
(iii)
A description of any expected use of herbicides for
maintenance.
(c)
Any plans for post-construction monitoring of wildlife
impacts.
(4)
A description of any mitigation procedures to be used
during construction, operation, and maintenance of the proposed facility to
minimize the impact on vegetation, surface waters, and species identified in
paragraph (B) of this rule.
(5)
A description of
anticipated actions to prevent establishment and/or further propagation of
noxious weeds identified in Chapter 901:5-37 of the Administrative Code and
invasive species identified in rule
901:5-30-01 of the
Administrative Code during implementation of any pollinator-friendly plantings.
Additionally, a description of the commitment to comply with any public orders
concerning the abatement of noxious weeds.
(C) Information on land use and community development.
(1)
Existing land use.
Information regarding land
use in the region and potential impacts of the facility through the following
maps and related information, including a map of at least 1:24,000 scale showing the
following:
(a)
For a proposed electric generation facility,
detail within one-mile of the project area boundary, and for a proposed electric power transmission, gas
pipeline, or substation site within one thousand feet as to:
(i) The proposed facility, substation, or compressor station.
(ii)
Centerline and
right-of-way, if applicable, for each electric power transmission line or gas
pipeline being proposed.
(iii) 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.
(iv) 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.
(v) Incorporated areas
and population centers.
(vi)
Road names.
(b)
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
generation equipment or
a wind turbine, the distance between both the
structure or property line and the equipment or nearest wind turbine.
Or, for all structures within two hundred feet of the
proposed facility right-of-way for an electric power transmission line, gas
pipeline, or substation site, the distance between the nearest edge of the
structure and the proposed facility right-of-way.
(ii) For all structures and property lines
within two hundred fifty feet of a collection line, access road,
substation, or other associated facility
component, the distance between both the
structure or property line and the associated facility component.
(iii) For each structure and property in the
table, whether the property is being leased by the applicant for the proposed
facility.
(iv)
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)
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, substations), and the explanation of how such
estimate was calculated. Also, a description of the
construction impact area and permanent impact area in acres total for all land
use types.
(d)
The
identity of structures that will be removed or relocated.
(2) Wind farm maps. For wind farms
only, (a)
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 (b)
indicator 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. (c)
indicator on
the map the setbacks for wind turbine structures in relation to property lines,
habitable residential structures, electric power
transmission lines, gas pipelines, gas distribution lines, hazardous liquid(s)
pipelines, and state and federal highways, consistent with
at least the following
information:
(a)
Confirmation
that the distance from a wind turbine base to the property line of the
wind farm property
is 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)
Confirmation
that the wind turbine
is 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)
Confirmation
that the distance from a wind turbine base to any electric
power transmission line, gas pipeline, gas
distribution line, hazardous liquid(s) pipeline, or public road
is
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.
Setback requirements
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.
In order to be effective, waiver(s) must meet the
following requirements:
(a) Content of
waiver.
(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.
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) Information on cultural and archaeological resources
(1) Landmark mapping.
A description on a map of at least 1:24,000
scale, of 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
if the proposed facility is an electric generation
facility, or within one thousand feet if the facility is an electric power
transmission line, gas pipeline, or substation. Examples of
landmarks to be considered for purposes of paragraph
(D) of this rule
include 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)
A description of any studies used to determine the
location of cultural resources within the area of potential effects, and
include correspondence with the state historic preservation
office.
(3)
A
description of impacts on mapped
landmarks, including
an evaluation of the impact
of the construction, operation, and maintenance
of the proposed facility on the preservation and continued meaningfulness of
these landmarks and describe plans to avoid or mitigate any adverse
impact.
(4) Recreation and
scenic areas.
(a)
A description of
the recreation and scenic areas identified under paragraph (D)(1) of this rule
in terms of their proximity to the project, population centers, uniqueness,
topography, vegetation, hydrology, and wildlife.
(b)
An evaluation of
the impact of the proposed facility on those identified recreational and scenic
areas and describe plans to mitigate any adverse impact.
(5)
A
description of plans to avoid or mitigate any adverse impacts to cultural
resources. A description of mitigation procedures to be used during the
operation and maintenance of the proposed facility as developed in consultation
with the Ohio history connection. A description of procedures for flagging and
avoiding all landmarks in the project area, including measures to be taken
should previously unidentified landmarks be discovered during construction of
the project.
(6) Visual impact of
facility. The visual impact of the proposed
above-ground facility within at least a ten-mile
radius from the project area, as
conducted or
reviewed by a licensed landscape architect or other
professional with experience in developing a visual impact assessment.
(a)
A description
of 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
should not incorporate deciduous vegetation,
agricultural crops, or other seasonal land cover as viewing obstacles.
Viewshed analysis that
includes atmospheric conditions
should incorporate the atmospheric conditions
under which the facility would be most visible.
(b)
A description of
the visibility of the proposed facility from such sensitive vantage points as
residential areas, lookout points, scenic highways, waterways, and landmarks
identified in paragraph (D)(1) of this rule.
(c)
A
description of the existing landscape and evaluate its scenic quality
including 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.
(d)
A
description of 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. This description
should also include a narrative of how the proposed facility will likely affect
the aesthetic quality of the site and surrounding area.
(e)
An
evaluation of 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.
(f)
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.
(g)
A
description of 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.
A
description that these measures do not
conflict with relevant safety requirements.
(E) Information regarding agricultural districts and potential impacts to agricultural land.
(1) Mapping of agricultural land.
On a map of at least 1:24,000 scale, a description of the proposed facility,
electric power transmission line or gas pipeline
alignment, or substation site, inclusive of the potential disturbance area,
and 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.
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, and harvesting.
(ii) Irrigation. A
description of irrigation systems and demonstrate how impacts to those systems
will be avoided or mitigated, and how damaged irrigation systems will be
promptly repaired to original conditions.
(iii) Field drainage systems.
A description and map of field drainage systems that
can reasonably be determined and demonstrate how impacts to those systems will
be avoided or mitigated, and describe how damaged drainage systems will
promptly be repaired to restore original drainage conditions. A description of
data sources and methods used to obtain information for field drainage system
mapping.
(iv)
Soils. A description of the anticipated impacts to
soils in agricultural lands, how topsoil will be excavated and restored, and
how compaction of soil will be avoided and how compacted soil will be restored
to original condition.
(v) Structures used
for agricultural operations. A description of all
agricultural structures that will be removed or repurposed, the impacts of
removal or repurposing on agricultural operations, and how such impacts will be
mitigated or avoided.
(vi) The viability as
agricultural district land of any land so identified, including identifying all
agricultural district properties and properties enrolled in the current
agricultural use valuation (CAUV) program, discussing the specific impacts on
each property, and providing an evaluation on how those impacts will affect the
viability of the property as agricultural land.
(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,
including
how avoidance and mitigation procedures will achieve
segregation
of excavated topsoil, and decompaction and restoration of all topsoil to
original conditions unless otherwise agreed to by the landowner.
(3)
Drain
tile considerations. Examples of relevant information include:
(a)
Benchmark
conditions of the project drain tile system by locating all mains and laterals
and consult with owners of all parcels adjacent to the property, the county
soil and water conservation district, and appropriate county representatives to
request drainage system information over those parcels.
(b)
Plans to avoid
known drain tile systems that flow into or out of the construction area and
repair any damage that occurs from the project.
(c)
Plans to locate
and avoid all mains and laterals in the construction area and, where any main
or lateral is damaged, to repair such damage in a timely
manner.
(d)
Plans to avoid, where possible, or minimize to the
extent practicable, any damage to functioning field tile drainage systems and
soils resulting from the construction, operation, and/or maintenance of the
facility in agricultural areas.
(e)
Plans to promptly
repair, at applicant's expense, damaged field tile systems to at least original
conditions or modern equivalent. However, if the affected landowner agrees to
not having the damaged field tile system repaired, the landowner may do so only
if the field tile systems of adjacent landowners and public rights-of-way
remain unaffected by the non-repair of the landowner's field tile system.
Following completion of any repair, the applicant will file a map of the
repaired drain tile systems in the case docket at the close of the project's
construction.
Disclaimer: These regulations may not be the most recent version. Ohio may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
